[House Hearing, 118 Congress]
[From the U.S. Government Publishing Office]


                        H.R. 6062 AND H.R. 6273

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

                          LEGISLATIVE HEARING

                               BEFORE THE

               SUBCOMMITTEE ON INDIAN AND INSULAR AFFAIRS

                                 OF THE

                     COMMITTEE ON NATURAL RESOURCES
                     U.S. HOUSE OF REPRESENTATIVES

                    ONE HUNDRED EIGHTEENTH CONGRESS

                             SECOND SESSION

                               __________

                       Thursday, January 18, 2024

                               __________

                           Serial No. 118-89

                               __________

       Printed for the use of the Committee on Natural Resources
 
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                   U.S. GOVERNMENT PUBLISHING OFFICE                    
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-----------------------------------------------------------------------------------           
 
                     COMMITTEE ON NATURAL RESOURCES

                     BRUCE WESTERMAN, AR, Chairman
                    DOUG LAMBORN, CO, Vice Chairman
                  RAUL M. GRIJALVA, AZ, Ranking Member

oug Lamborn, CO			Grace F. Napolitano, CA
Robert J. Wittman, VA			Gregorio Kilili Camacho Sablan, 	
Tom McClintock, CA			    CNMI
Paul Gosar, AZ				Jared Huffman, CA
Garret Graves, LA			Ruben Gallego, AZ
Aumua Amata C. Radewagen, AS		Joe Neguse, CO
Doug LaMalfa, CA			Mike Levin, CA
Daniel Webster, FL			Katie Porter, CA
Jenniffer Gonzalez-Colon, PR		Teresa Leger Fernandez, NM
Russ Fulcher, ID			Melanie A. Stansbury, NM
Pete Stauber, MN			Mary Sattler Peltola, AK
John R. Curtis, UT			Alexandria Ocasio-Cortez, NY
Tom Tiffany, WI				Kevin Mullin, CA
Jerry Carl, AL				Val T. Hoyle, OR
Matt Rosendale, MT			Sydney Kamlager-Dove, CA
Lauren Boebert, CO			Seth Magaziner, RI
Cliff Bentz, OR				Nydia M. Velazquez, NY
Jen Kiggans, VA				Ed Case, HI
Jim Moylan, GU				Debbie Dingell, MI
Wesley P. Hunt, TX			Susie Lee, NV
Mike Collins, GA
Anna Paulina Luna, FL
John Duarte, CA
Harriet M. Hageman, WY

                    Vivian Moeglein, Staff Director
                      Tom Connally, Chief Counsel
                 Lora Snyder, Democratic Staff Director
                   http://naturalresources.house.gov
                                 ------                                

               SUBCOMMITTEE ON INDIAN AND INSULAR AFFAIRS

                     HARRIET M. HAGEMAN, WY, Chair

                JENNIFFER GONZALEZ-COLON, PR, Vice Chair

               TERESA LEGER FERNANDEZ, NM, Ranking Member

Aumua Amata C. Radewagen, AS         Gregorio Kilili Camacho Sablan, 
Doug LaMalfa, CA                         CNMI
Jenniffer Gonzalez-Colon, PR         Ruben Gallego, AZ
Jerry Carl, AL                       Nydia M. Velazquez, NY
Jim Moylan, GU                       Ed Case, HI
Bruce Westerman, AR, ex officio      Raul M. Grijalva, AZ, ex officio

                              -----------
                              
                                CONTENTS

                              ----------                              
                                                                   Page

Hearing held on Thursday, January 18, 2024.......................     1

Statement of Members:

    Hageman, Hon. Harriet M., a Representative in Congress from 
      the State of Wyoming.......................................     2
    Leger Fernandez, Hon. Teresa, a Representative in Congress 
      from the State of New Mexico...............................     3
    Westerman, Hon. Bruce, Representative in Congress from the 
      State of Arkansas, prepared statement of...................    72

    Panel I:

    Radewagen, Hon. Aumua Amata Coleman, a Delegate in Congress 
      from the Territory of American Samoa.......................     5

    Moylan, Hon. James, a Delegate in Congress from the Territory 
      of Guam....................................................     9

Statement of Witnesses:

    Panel II:

    Nakoa, Keone, Deputy Assistant Secretary, Office of Insular 
      and International Affairs, U.S. Department of the Interior, 
      Washington, DC.............................................    12
        Prepared statement of....................................    13
        Questions submitted for the record.......................    15
    Ale, Hon. Talauega Eleasalo Vaalele, Lieutenant Governor, 
      American Samoa, Pago Pago, American Samoa..................    16
        Prepared statement of....................................    18
        Questions submitted for the record.......................    26
    Jennings, Hon. Alexander Eli, Swains Island Delegate, 
      American Samoa House of Representatives, Pago Pago, 
      American Samoa.............................................    33
        Prepared statement of....................................    35
        Questions submitted for the record.......................    45

    Guerrero, Hon. Lordes Aflague ``Lou'' Leon, Governor, 
      Hagatna, Guam..............................................    48
        Prepared statement of....................................    49
        Questions submitted for the record.......................    52

    Alig, Hon. Jesse, Mayor, Piti, Guam..........................    58
        Prepared statement of....................................    60
        Questions submitted for the record.......................    62

Additional Materials Submitted for the Record:

    Submissions for the Record by Representative Radewagen

        Fono Senate President and House Speaker Joint Statement..     7

    Submissions for the Record by Representative Moylan

        GovGuam Impacts of COFA FY04-20..........................    10
        GAO Compact Impact Numbers 1986-2018.....................    73
        Judiciary of Guam Testimony on H.R. 6273.................    74

    Submissions for the Record by Lt. Governor Ale

        2022 American Samoa Election Results Certification Letter    76
        2022 American Samoa Referendum Ballot....................    77
        2022 American Samoa Referendum Results...................    78
        Supplemental Documentation Supporting Testimony..........    79
    Submissions for the Record by Delegate Jennings

        SR 38-28 (English and Samoan)............................    80
        2021 Unanswered Letter to Local Leadership regarding 
          Request for Assistance.................................    89
        2014 Letter to DOI Assist. Sec. Interior Kiaaina 
          regarding Swains' non-voting status....................    91
        2014 Letter to AS Fono Ways and Means and Resolution 
          regarding Swains Island Vote...........................    94
                                     


 
LEGISLATIVE HEARING ON 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; AND 
    H.R. 6273, TO EXTEND THE AUTHORIZATION OF CERTAIN GRANTS TO THE 
GOVERNMENTS OF GUAM, THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS, 
   AND AMERICAN SAMOA, AND FOR OTHER PURPOSES, ``GUAM HOST COMMUNITY 
                           COMPENSATION ACT''

                              ----------                              


                       Thursday, January 18, 2024

                     U.S. House of Representatives

               Subcommittee on Indian and Insular Affairs

                     Committee on Natural Resources

                             Washington, DC

                              ----------                              

    The Subcommittee met, pursuant to notice, at 2:04 p.m., in 
Room 1324, Longworth House Office Building, Hon. Harriet M. 
Hageman [Chairwoman of the Subcommittee] presiding.
    Present: Representatives Hageman, Radewagen, LaMalfa, Carl, 
Moylan, Westerman; and Leger Fernandez.
    Ms. Hageman. The Subcommittee on Indian and Insular Affairs 
will come to order.
    Without objection, the Chair is authorized to declare a 
recess of the Subcommittee at any time.
    The Subcommittee is meeting today to hear testimony on two 
bills, H.R. 6062 and H.R. 6273.
    Under Committee Rule 4(f), any oral opening statements at 
hearings are limited to the Chairman and the Ranking Minority 
Member. I therefore ask unanimous consent that all other 
Members' opening statements be made part of the hearing record 
if they are submitted in accordance with Committee Rule 3(o).
    Without objection, so ordered.
    I will now recognize myself for an opening statement.

 STATEMENT OF THE HON. HARRIET M. HAGEMAN, A REPRESENTATIVE IN 
               CONGRESS FROM THE STATE OF WYOMING

    Ms. Hageman. Today, the Subcommittee is meeting to consider 
two bills, H.R. 6062 and H.R. 6273. They are the vehicles for 
issues of importance to two of our territories in the Pacific: 
American Samoa and Guam.
    I would like to thank you for traveling as far as you have 
to be with us. I would assume that the weather is a little bit 
different than what you are used to. It is a little different 
than a lot of us are used to. So, thank you for being here.
    H.R. 6062, sponsored by my colleague, Mrs. Radewagen, would 
give the Secretary of the Interior the sole authority to 
approve amendments to the American Samoa Constitution. Prior to 
1983, American Samoa was under the realm of the executive 
branch, specifically the Secretary of the Interior, when it 
came to constitutional changes and other changes to the 
governing authority of the territory. In 1983, following 
ongoing tensions between then-Secretary of the Interior and the 
American Samoan Government, then-American Samoa delegate Fofo 
Iosefa Fiti Sunia urged Congress to amend the standing law. As 
a result, Congress amended Federal Law, section 12 of Public 
Law 98-213, to prevent the American Samoan Constitution from 
being changed without an Act of Congress.
    While there have been multiple attempts to revert back to 
the pre-1983 statute, the change still remains in place today. 
H.R. 6062 would reverse course and grant the President of the 
United States, and subsequently the Secretary of the Interior, 
the sole right to approve any amendments to the American Samoan 
Constitution without the need for congressional approval.
    Our second bill on today's agenda, H.R. 6273, sponsored by 
the gentleman from Guam, Mr. Moylan, the Guam Host Community 
Compensation Act would extend annual Compact Impact Grant 
funding, require the Secretary of the Interior to enter into a 
Memorandum of Understanding regarding incarcerating certain 
felons, and establish residential requirements for migrants of 
the Freely Associated States, or FAS.
    Under the First Compacts of Free Association, or COFA, 
citizens of FAS who legally work and reside in the United 
States were eligible to receive U.S. Federal benefits available 
to any legal permanent resident. This eligibility was lost 
under the 1996 Personal Responsibility and Work Opportunity 
Reconciliation Act, or PRWOR. As a result, U.S. states and 
territories have had to shoulder the financial costs of hosting 
legal permanent residents from the FAS.
    The 2003 COFAs provided Guam, American Samoa, the 
Commonwealth of the Northern Mariana Islands, and Hawaii with 
$30 million in annual grant funding, otherwise known as Compact 
Impact Grants. These grants were authorized through Fiscal Year 
2023, and were used to address increased demands placed on 
health, educational, social, or public safety services as a 
result of COFA. H.R. 6273 would extend and authorize this 
authority through Fiscal Year 2043, while removing Hawaii's 
eligibility in this program.
    This authority was not extended under the recent iteration 
of the COFA. Instead, the language introduced a new provision 
known as Compact Impact Fairness. The Compact Impact Fairness 
provisions would return Federal benefit eligibility for FAS 
migrants to pre-1996 social benefit levels.
    H.R. 6273 would also require the Secretary of the Interior, 
in coordination with the Attorney General, to enter into 
Memorandums of Understanding with each state, territory, and 
the District of Columbia to require any FAS migrant in the 
United States who is convicted of a felony to be housed in a 
Federal correctional facility.
    Finally, H.R. 6273 would bar any FAS migrant from obtaining 
non-immigrant residency status in Guam unless they can provide 
proof of employment or academic eligibility and show proof of a 
residential address.
    I look forward to a robust conversation on these two bills, 
and I want to again thank both sponsors for their dedication to 
those they represent.
    I also want to take the time to thank our witnesses for 
being here today, most of which have traveled halfway around 
the world to be here. We appreciate you being with us in person 
and look forward to your statements.
    Before I yield back, I do want to express my disappointment 
that, despite receiving an invitation to testify here today, 
the U.S. Department of Justice declined to be here. I hope that 
they will, however, engage on these important issues moving 
forward.
    With that, I yield back. The Chair now recognizes the 
Ranking Minority Member for any statement.

STATEMENT OF THE HON. TERESA LEGER FERNANDEZ, A REPRESENTATIVE 
            IN CONGRESS FROM THE STATE OF NEW MEXICO

    Ms. Leger Fernandez. Hafa adai, talofa lava, and my 
apologies if I don't pronounce it correctly, but I did have the 
wonderful opportunity to be greeted with those wonderful words 
so often when we traveled to the Blue Continent. And because I 
know what that travel now feels like, I am very appreciative of 
the fact that you have traveled. In fact, you have traveled 
backward in time to be with us here today, since our day begins 
in Guam, as we have all learned. So, thank you for being here 
to have your voices heard.
    And I am very pleased that we are here today to hear our 
first bill sponsored by our colleague from American Samoa, Mrs. 
Radewagen, who showed us great hospitality and shared her deep 
knowledge of the issues facing her district and the fact that 
it would eliminate the requirement for Congress to approve 
changes to the American Samoa Constitution so that we can make 
it more effective for you so that self-determination can truly 
be recognized.
    And as noted, when American Samoa drafted and ratified the 
Constitution in the 1960s, only the Secretary of the Interior 
was empowered to ratify changes. However, because of problems 
with a particular Secretary, I understand that American Samoa 
said no, we would prefer that these be ratified by Congress. 
But clearly, Congress is unable to act quick enough and be 
responsive enough. And we see that today, even as we are facing 
the fact that we have not yet passed our funding for this year.
    So, there is wisdom, I see, in your desire to move it back 
to the Secretary, and I think it is really important to be 
respectful of the wishes of the people themselves on how 
decisions they make will be implemented. I look forward to 
hearing your testimony regarding that.
    The second bill is sponsored by our wonderful colleague, 
Mr. Moylan from Guam, and it attempts to address the 
shortcomings with the Compact Impact Fairness Act, CIFA, which 
I understand that Guamanian leaders believe it fails to address 
the public safety and societal concerns caused by migration 
from the Freely Associated States. Your testimony reflects the 
fact that you receive them with warm embrace, but you do not 
want to suffer the economic impacts without the assistance of 
the United States.
    I want to recognize and thank Mr. Moylan for allowing the 
COFA agreements to move forward, and for bringing us this bill, 
and for us having this hearing which were part of the 
discussions of how do we move this conversation forward.
    The Compact of Free Association Act of 1985 requires the 
President to report annually to Congress on the impact of the 
compact on U.S. territories and commonwealths in the Pacific, 
and to cover the costs of resulting increased demands placed on 
education and social services by migrants from the Marshall 
Islands and the Federated States of Micronesia. The Compact 
Amendments Act of 2003 mandated $30 million in compact impact 
funds to be allocated annually for 20 years, up until 2023.
    So, when the first and second compacts were enacted, the 
majority of compact citizens migrated almost equally to either 
Guam or Hawaii. We do know that, looking at the census, that 
COFA citizens can now be found residing in many of the states 
on the mainland.
    I need to say there aren't any in New Mexico. I am very sad 
about that, having been and seen the wonderful, warm people of 
the islands.
    But you do have the issues of the fact that the $30 
million, is this enough?
    And I want to also point out that the Biden administration 
has chosen to include the Compact Impact Fairness Act, which 
was sponsored by Representative Case and Senator Hirono of 
Hawaii. So, CIFA is considered by its proponents to be an 
effective way to comprehensively address COFA migrant costs 
borne throughout the nation by those jurisdictions.
    I do support the Biden administration's priority that our 
territories, all of our territories, receive the same benefits 
that citizens living in New Mexico, or Arkansas, or Montana 
receive with regards to SNAP and Social Security income. The 
President's budget included this last year. And I know this is 
part of the problem, as well, that you are facing, that there 
are layers of issues of inequality with regards to how the 
citizens of Guam are treated and the citizens of American 
Samoa.
    But I look forward to hearing today about the issues with 
regards to the ineffectiveness of CIFA in dealing with the 
concerns raised by Guam. I have some questions about how it 
would work, and whether there are issues that need to be 
addressed in the bill, and I look forward to a good discussion 
about that.
    Thank you for yielding to me, Madam Chair, and I yield back 
the balance of my time and look forward to our witness 
testimony.

    Ms. Hageman. The Chair now will recognize Mrs. Radewagen 
for 5 minutes to speak on her legislation.

STATEMENT OF THE HON. AUMUA AMATA COLEMAN RADEWAGEN, A DELEGATE 
        IN CONGRESS FROM THE TERRITORY OF AMERICAN SAMOA

    Mrs. Radewagen. Talofa lava. Let me begin by thanking Chair 
Hageman and Ranking Member Leger Fernandez and the rest of the 
Committee leadership for holding this hearing so early in this 
new session of Congress. I sincerely appreciate the Natural 
Resources Committee's commitment to resolving issues faced by 
the territories.
    I also want to thank the Honorable Talauega Eleasalo 
Vaalele Ale, the Lieutenant Governor of American Samoa, for 
being here on behalf of our Governor, the Honorable Lemanu 
Peleti Mauga, to speak for our people on a matter of the utmost 
urgency.
    A special thank you, as well, to Deputy Assistant Secretary 
of the Department of the Interior, Keone Nakoa, for his 
leadership on behalf of Secretary Haaland and Assistant 
Secretary Cantor on both bills before us today, and for their 
successful negotiations last year on the Compact of Free 
Association.
    And talofa and welcome also to Swains Island Delegate, 
Alexander Jennings. I don't see him, but he must be there.
    H.R. 6062 would roll back what was changed in 1983 by 
efforts that, while well-intentioned, attempted to fix 
something that was not broken. In 1983, a one-sentence 
provision was inserted with little notice into a territorial 
spending bill. This was done without a hearing, and outside of 
regular order, and if ever implemented that technical amendment 
would take back rights of self-governance that Congress and the 
President had delegated to American Samoa between 1929 and 
1983.
    The explanation given by the sponsors of section 12 of P.L. 
98-213 in 1983, was that it was needed to prevent abuse of 
broad powers delegated by Congress to the President in 1929, 
and then re-delegated by the President to the Secretary of the 
Interior in 1951. That 1983 provision imposed the mandate that 
no amendment approved by the Secretary could take effect until 
Congress enacted it as Federal law. This was itself an 
amendment to the local constitution imposed without regular 
order or deliberation.
    The main problem with this unexpected congressional mandate 
is that it would apply to amendments proposed under the local 
constitution by the people, and ratified by majority vote in a 
referendum. This effectively allows Congress to nullify 
amendments approved by the people and the Secretary simply by 
doing nothing.
    The authority is also redundant. Under the territorial 
clause, the Congress can approve or disapprove amendments made 
by the people and/or the Secretary. What that really 
demonstrates is that Federal power is supreme, and the people 
of American Samoa, as a territory, have powers of local self-
determination only to the extent consistent with applicable 
Federal law.
    It is technically true that under Executive Order 10264 the 
Secretary has powers over territorial law that could be abused. 
But over the years, in multiple referendums, including the 2022 
vote, the voters in American Samoa have rejected proposals to 
reduce the powers of the Secretary under local constitution.
    Additionally, congressional oversight of the Interior and 
the rest of the Administration has developed significantly 
since the early 1980s, further limiting the potential for any 
perceived overreach by current or future secretaries. Congress 
has well established power over all the territories, and 
repealing the 1983 statute does not and cannot affect that 
jurisdiction.
    Instead, it is section 12 of P.L. 98-213 which takes away 
the local power to amend the local constitution, and presents 
the most potent and present risk of abuse not by the Secretary, 
but by Congress, including power to nullify any amendment the 
people may want, and do so by act or omission, either declaring 
its reasons or in silence.
    With the Committee's permission, I would like to enter for 
the record a letter from the Senate President and Speaker of 
the House of the American Samoan Legislature in support of H.R. 
6062, in which they outline the long history our territory has 
had with the United States and the Secretary of the Interior, 
and their desire to continue that relationship in a way that 
respects local determination.
    Ms. Hageman. So ordered.

    [The information follows:]
               PREPARED JOINT STATEMENT FOR THE RECORD OF
                     THE HONORABLE TUAOLO M. FRUEAN
                        PRESIDENT OF THE SENATE
                       AMERICAN SAMOA LEGISLATURE
                                  AND
                    THE HONORABLE SAVALI TALAVOU ALE
                SPEAKER OF THE HOUSE OF REPRESENTATIVES
                       AMERICAN SAMOA LEGISLATURE
                              ON H.R. 6062

    Madam Chair Hageman, Ranking Member Fernandez, and members of the 
Subcommittee on Indian Affairs and Insular Affairs, thank you for the 
opportunity to provide a prepared statement for the record on behalf of 
the Legislature of American Samoa. It is an honor to address the 
committee and promote for continued self-governance and self-
determination of our territory. We join Governor Lemanu Peleti Mauga 
and the people of American Samoa in supporting the efforts of 
Congresswoman Uifaatali Aumua Amata Coleman Radewagen to pass R.R. 
6062.
    For over 150 years, American Samoa has had a formal relationship 
with the U.S. government. This was first recorded in 1872 when Navy 
Commander Richard Meade of the USS Narragansett visited the harbor 
village of Pago Pago and entered into an agreement with then-High Chief 
Mauga for the use of the bay area as a ship coaling station and 
provision restocking. This started a long-lasting relationship and 
friendship between the Samoan islands and the U.S. which culminated in 
the signing of a deed of cession between the high chiefs of Tutuila and 
the U.S. in 1900. Tutuila agreed to ``cede, transfer and yield up'' the 
islands of Tutuila and Aunu'u to be a district annexed to the U.S. In 
return, the U.S. agreed to respect and protect the individual rights of 
all people dwelling in Tutuila to their lands and other property. The 
islands of Manu'a then were ceded to the U.S. in 1904.
    From 1900 to 1951, American Samoa was administered by the U.S. 
Department of the Navy. On July 1, 1951, the administration was 
transferred to the U.S. Department of the Interior by Executive Order 
where it remains to this day. After the handover, the Department worked 
with the territory to foster greater self-determination and governance 
through the creation of a constitution. The goal was to prepare a 
document that would not only shape the territorial government but 
ensure that the agreements in the Deeds of Cessions were advanced.
    Our people convened to adopt its first constitution in 1960 and 
revised the document several times in 1967, 1977, and 1978. Pursuant to 
Article V, Section 3, of the Revised Constitution of American Samoa, 
final approval or disapproval of amendments is made by the Secretary of 
the Department of the Interior. In 1983, P.L. 98-213, codified in 48 
USC 1662a, added a layer of approval to our constitution's amendment 
process to include an act of Congress. While the underlying reasons for 
the change continue to be unclear, it is with a great degree of 
certainty that 1662a does not align with the Territory's ultimate goal 
of self-governance.
    American Samoa continues to be the only territory to require an act 
of Congress to approve amendments to their constitution. For decades 
before the enactment of 1662a, the process set in place by our people 
remained ideal to maintain our relationship with the federal 
government. It remained ideal to uphold the promises by the signatories 
of the Deeds of Cession that welcomed American Samoa to the U.S. 
family. A relationship that has seen the U.S. live up to its promise to 
protect its Pacific nationals with Samoans contributing to the U.S. 
culture and way of life. This also includes our involvement in every 
U.S. conflict since it became a U.S. territory, sacrificing many of our 
men and women. We are very proud and loyal Americans.
    In 2022, the Territory convened a Constitutional Convention whereby 
several amendments were voted on by delegates from each district. 
Several amendments were passed and forwarded to the Secretary to 
include changes in the selection process for the judiciary, veto 
override process for the legislature, redistricting, and an impeachment 
process for government officials. The list of amendments also included 
housekeeping items such as misspellings of district names and the 
proper names for districts. The process was followed and the civic 
involvement of the territory was front and center with the island 
consumed with the meetings. However, one of the most historic times in 
the Territory's history must now await an uncertain fate where we must 
find time in Congress's busy calendar to hear issues that many may find 
trivial.
    We wish to return to the pre-1662a process where our relationship 
with the federal government remains with the Department of the 
Interior. The Insular areas have a long history with the Interior who 
have representatives specifically assigned to collaborate with each 
territory and monitor each daily. Congress will continue to have 
plenary authority over the territories pursuant to the Territories 
Clause of the U.S. Constitution. We, like all states and territories, 
will always rely on Congress for its wisdom and the direction of our 
nation. However, Congress should not be burdened with the management of 
the daily affairs of the American Samoa people, particularly approval 
of amendments to its constitution. These matters should ultimately be 
left to the will of the Territory through an open and democratic 
process as seen in the Constitutional Convention of2022 and future 
meetings for like amendments.
    As we navigate these rapidly changing and often trying times, we 
must meet these challenges with a constitution that is both fluid and 
conforming. Allowing American Samoa to determine its own fate without 
congressional permission is a step towards what was envisioned by 
forefathers of both the U.S. and Samoa when we agreed to our union in 
1900.
    We strongly support H.R. 6062 and urge markup by the committee and 
approval by Congress. Thank you again for the opportunity to address 
the committee through this statement.

                                 ______
                                 

    Mrs. Radewagen. American Samoa has over 70 years of 
experience being able to work out problems and sustain a 
productive relationship with the Office of the Secretary, and 
the people of American Samoa know where we would go if the 
Secretary abused power. We would go to Congress, and ask for 
intervention to help us protect our way of life if we ever need 
it.
    But who will protect us if Congress abuses its power under 
the 1983 Act? Who do we call if Congress decides to nullify 
local self-determination amendments by doing nothing, and 
letting our acts of determination, self-determination, die on 
the vine? We currently have power to oppose abuse by the 
Secretary under Executive Order 10264 by turning to Congress. 
But we have no power to compel or even influence Congress to 
act affirmatively under the 1983 Act.
    So, that one sentence add-on buried in the 1983 territorial 
spending bill takes back the fruits of limited self-
determination we have achieved under the 1929 ratification of 
the Deeds of Cession, Executive Order 10264, and the local 
constitution adopted thereunder. Yet, the local constitution 
itself has never been enacted by Federal law, so the 1983 
technical amendment prohibits the local constitution from being 
amended locally by the people in the same manner it was adopted 
locally by the people.
    That is why, in 1984, just one year after the Act in 
question was passed outside regular, the U.S. Senate Committee 
on Energy and Natural Resources held an oversight meeting on 
the matter. And at that hearing, the U.S. Department of Justice 
witness expressed concern that the 1983 Act was federalization 
of an internal local constitutional act, self-determination, 
and could alter the special status of American Samoa under the 
1900 and 1904 Deeds of Cession.
    And now, here we are in 2024, five proposed amendments 
ratified by the people are pending with the Secretary, who has 
paused in taking action to give Congress a chance to avoid 
setting any unwanted precedents and to consider restoring the 
greater degree of self-determination we had before the 1983 
bill.
    Thus, H.R. 6062 is a long-overdue, one-sentence technical 
amendment correcting the 1983 Territorial Spending Act. But 
this time we are in regular order. And unlike 1983, the people 
of American Samoa are represented and have a seat at the table.
    I look forward to hearing from our witnesses, and I yield 
back, Madam Chairwoman.

    Ms. Hageman. Thank you. The gentlewoman yields back. I will 
now recognize Representative Moylan for 5 minutes to speak on 
his legislation.

STATEMENT OF THE HON. JAMES MOYLAN, A DELEGATE IN CONGRESS FROM 
                     THE TERRITORY OF GUAM

    Mr. Moylan. Thank you, Chairwoman Hageman, and I am so 
grateful for you and the Committee staff for working with me 
and holding this historic hearing on my bill following the 
passage of the COFA Act late last year.
    What makes this even more important is that our panel is 
here today, and took a long trip to come all the way this far 
for this historic hearing. I want to thank Governor Lou Leon 
Guerrero for her presence, and also Mayor Jesse Alig, President 
of the Mayors Council.
    In addition, I would like to recognize our former 
Congresswoman Madeleine Bordallo for all the hard work you 
continue to do for the people of Guam.
    Also, we have here the Chief of Police, Mr. Ignacio, for 
the protection you are doing for our island of Guam, as well.
    We have Director Mr. Ed Byrne, thank you, from the 
Department of Administration, and making sure things are 
handled.
    And also, Governor Leon Guerrero, for all your staff that 
are present here with us today.
    The three sections of this bill represent three potential 
solutions to issues plaguing Guam resulting from free migration 
allowed under the Compacts of Free Association.
    Before I get into the details of H.R. 6273, I want to 
emphasize support for Compacts of Free Association, otherwise 
known as COFAs, as well as the support of our Governor and Guam 
citizens.
    These agreements are critical to maintaining a free and 
open Indo-Pacific. They also represent America's commitment to 
close relations with the descendants of the former Trust 
Territory of the Pacific.
    COFA migrants are our neighbors, our co-workers, and our 
leaders on Guam, we do not seek to end the agreements or 
relationships with the Federated States of Micronesia, Palau, 
or the Marshall Islands. Instead, I hope this bill will be the 
first step in redefining our inter-island relations and helping 
to build stable, prosperous economies for all island nations in 
the Pacific.
    My bill, H.R. 6273, would seek to alleviate the stresses of 
this migration in three ways.
    First, by reauthorizing compact impact aid to host 
jurisdictions and changing the recipients to only insular 
areas. This is done with the understanding that CIFA will solve 
the issues states are facing, but will not fully solve the 
concerns of the insular areas.
    To illustrate this point, I would ask unanimous consent to 
enter into the record Guam's calculated costs of hosting 
migrants.
    Ms. Hageman. So ordered.

    [The information follows:]
    [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
    

                               *****

The full document is available for viewing at:

https://docs.house.gov/meetings/II/II24/20240118/116694/HHRG-
118-II24-20240118-SD004.pdf

                                ------                                

    Mr. Moylan. These numbers are regularly over $100 million 
annually. Meanwhile, compact impact, even when it existed, only 
sent $15 million to Guam. This disparity will only be more 
prevalent when compact impact ceases altogether.
    The second section of this bill will mandate a Memorandum 
of Understanding between the Federal Bureau of Prisons and 
Guam's local Department of Corrections. Our local jails are 
overcrowded, and with 17 percent of its inhabitants being COFA 
migrants, an already tight squeeze will quickly devolve into 
crisis without preventive action. Given that the COFA migrants 
are still given the right to free migration by the Congress, it 
does not make sense that the locality would be forced to foot 
the bill to pay for their incarceration.
    And finally, section 3 of this bill will require that any 
migrant seeking residency in Guam must prove of employment or 
education that they will be undertaking upon their arrival. 
Guam is a small island. One-third of the island is owned by the 
Department of Defense. For those of us who live on the other 
two-thirds, it is critical that we all are productive citizens 
contributing to our local economy.
    Now, 500 migrants coming to Hagatna, our capital in Guam, 
will have a larger impact than 500 migrants showing up in the 
Lower 48. Guam will always welcome migrants looking to work 
hard and make a good living.
    And in closing, Madam Chair, I thank my colleagues for 
their consideration of this bill. And if any of you would like 
to speak to me personally or bring any questions or concerns 
about these issues, my door is always open.
    On Guam right now it is way early in the morning, and there 
are hundreds of constituents that woke up early to view this 
hearing and see us, the Governor and the Mayor, talk about 
their concerns, and I know they are proud to see their voices 
being heard, and they look forward to our discussion on this 
bill.
    Thank you, Madam Chair, and I yield back.

    Ms. Hageman. The gentleman yields back. I will now 
introduce our witnesses for our panel.
    Mr. Keone Nakoa, Deputy Assistant Secretary, Office of 
Insular and International Affairs, U.S. Department of the 
Interior, Washington, DC; the Honorable Talauega Eleasalo 
Vaalele Ale, Lieutenant Governor, American Samoa, Pago Pago, 
American Samoa; the Honorable Alexander Eli Jennings, Swains 
Island Delegate, American Samoa House of Representatives, Pago 
Pago, American Samoa; the Honorable Lou Leon Guerrero, Governor 
of Guam; and finally, the Honorable Jesse Alig, Mayor, Piti, 
Guam.
    Let me remind the witnesses that under Committee Rules, 
they must limit their oral statements to 5 minutes, but their 
entire statement will appear in the hearing record.
    To begin your testimony, please press the ``talk'' button 
on the microphone.
    We use timing lights. When you begin, the light will turn 
green. When you have 1 minute left, the light will turn yellow. 
At the end of 5 minutes, the light will turn red, and I will 
ask you to please complete your statement.
    I will also allow all witnesses on the panel to testify 
before Member questioning.
    The Chair now recognizes Mr. Keone Nakoa for 5 minutes.

STATEMENT OF KEONE NAKOA, DEPUTY ASSISTANT SECRETARY, OFFICE OF 
   INSULAR AND INTERNATIONAL AFFAIRS, U.S. DEPARTMENT OF THE 
                    INTERIOR, WASHINGTON, DC

    Mr. Nakoa. Thank you, Chair Hageman, Ranking Member Leger 
Fernandez, and other distinguished members of the Subcommittee. 
Talofa, hafa adai, and aloha from Hawaii.
    I am Keone Nakoa, Deputy Assistant Secretary of the 
Interior for Insular and International Affairs. It is an honor 
to be before this Committee on Indian and Insular Affairs as 
the representative of Assistant Secretary Carmen Cantor and the 
Department of the Interior.
    The Committee has my full written testimony, but I would 
like to highlight some of the most important issues related to 
H.R. 6062, introduced by Representative Radewagen and H.R. 
6273, introduced by Representative Moylan.
    On H.R. 6062, the Department of the Interior supports this 
measure which would repeal a statutory requirement that 
amendments or modifications to the Constitution of American 
Samoa may be made only by Act of Congress. Enactment of H.R. 
6062 would affirm the people of American Samoa's determination 
to amend their territorial constitution without further 
congressional action.
    In 2022, American Samoa held a constitutional convention 
that consisted of members selected from each county in the 
territory and Swains Island. The convention recommended 11 
amendments to the revised Constitution of 1967, and on November 
8, 2022, a majority of voters approved 5 of the 11 proposed 
constitutional amendments. It was the first time since 
enactment of 48 U.S.C. 1662(a) that a majority of voters in 
American Samoa approved proposed amendments to the revised 
constitution.
    In his letter transmitting the five approved amendments to 
Secretary Haaland, Governor Lemanu stated, ``The people of 
American Samoa have spoken.'' Since receiving the letter, we at 
the Department have had several discussions with Governor 
Lemanu, Representative Radewagen, and members of their 
respective staffs about the process and next steps for adoption 
of the amendments to the revised Constitution of 1967. It has 
been their determination and our consensus decision that 
passage of H.R. 6062 is the best next step in the process to 
formally adopt the constitutional amendments and to honor the 
will of the people.
    The people of American Samoa indeed have spoken, and we 
encourage this Committee to take swift action to approve H.R. 
6062, and for Congress to pass the legislation.
    We also acknowledge the honorable representative from 
American Samoa in her consistent efforts to protect, enhance, 
and advance American Samoan political development.
    Related to H.R. 6273, the Guam Host Community Compensation 
Act, which would reauthorize the 2003 Compact Impact Grants to 
specify jurisdictions excluding Hawaii and provide other 
reimbursement to affected states and territories.
    The proposed bill would also impose new requirements on 
individuals seeking to live in Guam under the compacts.
    We acknowledge the unintended but significant costs to Guam 
and other territories and states related to the Compacts of 
Free Association, COFAs. According to a 2018 GAO report, after 
over 70 years of close social, political, economic, and 
cultural ties with the Freely Associated States, or FAS, an 
estimated 94,000 FAS individuals have properly exercised their 
ability to travel under the compacts, and now call the United 
States their home. This includes communities in virtually every 
state and territory in the country.
    However, we cannot support H.R. 6273. This bill would 
impose additional requirements for non-immigrant residency in 
Guam which would place at risk our close relationships with the 
FAS, a cornerstone of U.S. national interest in the Pacific.
    Further, the intended effect of the proposed legislation on 
the compacts and the Immigration and Nationality Act is 
somewhat unclear, given that under the compacts eligible FAS 
citizens do not require visas to travel to the United States, 
including Guam.
    We agree with Representative Moylan that more Federal 
resources must be dedicated to support host territorial and 
state governments and FAS individuals residing in Guam and the 
other territories and states, and we again encourage Congress 
to pass the Compact of Free Association Amendments Act of 2023, 
which includes the Compact Impact Fairness Act, a bipartisan 
legislation co-sponsored by Representatives Moylan, Radewagen, 
and Case, among others.
    This proposal includes language that would restore 
eligibility for key Federal public benefit programs for FAS 
individuals while they are lawfully present in the United 
States: an important long-term solution to the financial 
impacts of these communities on the United States, state, and 
territorial governments. This allows the Federal Government to 
rightfully share in covering a significant portion of the 
financial burden currently placed on state and territorial 
governments. Restored access to Federal public benefit means 
Guam and other host jurisdictions will have additional Federal 
resources to better support FAS citizens in their communities. 
Thank you again for this opportunity to provide testimony, and 
I am happy to take any questions.

    [The prepared statement of Mr. Nakoa follows:]

Prepared Statement of Keone Nakoa, Deputy Assistant Secretary, Insular 
       and International Affairs, U.S. Department of the Interior
                       on H.R. 6062 and H.R. 6273

    Chair Hageman, Ranking Member Leger Fernandez, and distinguished 
members of the Subcommittee, I am Keone Nakoa, Deputy Assistant 
Secretary of the Interior for Insular and International Affairs. It is 
an honor for me to appear before the Subcommittee on Indian and Insular 
Affairs as the representative of Assistant Secretary of the Interior 
for Insular and International Affairs to provide testimony on H.R. 
6062, a bill relating to Congressional approval of amendments to the 
American Samoa Constitution, introduced by Representative Radewagen, 
and H.R. 6273, the Guam Host Community Compensation Act, introduced by 
Representative Moylan.
H.R. 6062, Amendments to the America Samoa Constitution

    The Department of the Interior supports H.R. 6062, which would 
repeal a statutory requirement that amendments or modifications to the 
Constitution of American Samoa may be made only by Act of Congress. 
Enactment of H.R. 6062 would restore the ability of the people of 
American Samoa to approve amendments to the territorial constitution 
without further Congressional action.
    In 2022, American Samoa held a Constitutional Convention that 
consisted of members selected from each county in the Territory and 
Swains Island. The Convention recommended 11 amendments to the Revised 
Constitution of 1967, and on November 8, 2022, a majority of voters 
approved five of the eleven proposed constitutional amendments. It was 
the first time since enactment of 48 U.S.C. 1662a that that a majority 
of voters in American Samoa approved proposed amendments to the Revised 
Constitution of 1967.
    In his December 14, 2022, letter transmitting the five approved 
amendments to Secretary of the Interior Deb Haaland, Governor of 
American Samoa Lemanu P.S. Mauga's first sentence was simply, ``The 
people of American Samoa have spoken.'' Since receiving the letter, we 
at the Department have had several discussions with Governor Lemanu, 
Representative Radewagen, and members of their respective staffs about 
the process and the next steps for adoption of the amendments to the 
revised constitution of 1967. It has been their determination and our 
consensus decision that passage of H.R. 6062 is the best next step in 
the process to formally adopt the constitutional amendments and to 
honor the people's vote on November 8, 2022.
    The people of American Samoa have spoken, and we encourage this 
Committee to take swift action to approve H.R. 6062 and Congress to 
pass the legislation. We also acknowledge the honorable representative 
from American Samoa in her consistent efforts to protect, enhance, and 
advance American Samoa's political development.
H.R. 6273, The Guam Host Community Compensation Act

    H.R. 6273, the ``Guam Host Community Compensation Act,'' would in 
part amend a portion of the Compact of Free Association Amendments Act 
of 2003 relating to the impact of the Compacts on specified 
jurisdictions within the United States to reauthorize and amend the 
compact impact grants to those specified jurisdictions and would 
additionally provide other compensation to affected territories. The 
proposed bill would also impose new requirements on individuals relying 
on the immigration provisions of the Compacts to live in Guam.
    We acknowledge the unintended but significant costs to Guam and 
other territories and states related to the Compacts of Free 
Association (COFAs) over the years. According to the U.S. Government 
Accountability Office, in 2018, after over 70 years of close social, 
political, economic, and cultural ties with the Freely Associated 
States (FAS), there were an estimated 94,000 FAS individuals who have 
properly exercised their ability to travel in the United States under 
the COFAs and now call the United States their home--this includes 
communities in virtually every state and territory in the country.
    We cannot, however, support H.R. 6273 because the bill would impose 
additional requirements for non-immigrant residency in Guam, which 
would place at risk our close relationships with the FAS, a cornerstone 
of U.S. national interests in the Pacific. Further, the intended effect 
of the proposed legislation on the Compacts and the INA is somewhat 
unclear, given that under the Compacts, eligible FAS citizens do not 
require visas to travel to the United States, including Guam.
    We agree with Representative Moylan that more federal resources 
must be dedicated to support host territorial and state governments and 
FAS individuals residing in Guam and the other territories and states, 
and we again encourage Congress to pass the Compact of Free Association 
Amendments Act of 2023, which includes the Compact Impact Fairness Act, 
legislation which was co-sponsored by Representatives Moylan, 
Radewagen, and Case, among others. The proposal includes language that 
would restore eligibility for key federal public benefit programs for 
FAS individuals while they are lawfully present in the United States--
an important long-term solution to the financial impacts of these 
communities on U.S. state and territorial governments.
    Restoring access to federal public benefits would have a 
significant positive impact on these FAS individuals; it also would 
allow the federal government to rightfully share in covering a 
significant portion of the financial burden currently placed on state 
and territorial governments for hosting these small, but unique, 
communities without an additional costly administrative burden. 
Further, the benefits from the federal government would follow the FAS 
individuals in whichever state or territory they choose to live.
    With restored access to federal public benefits, Guam and other 
jurisdictions will have the resources that their government agencies 
need to better support FAS citizens in their communities.
    I thank you again for the opportunity to provide this testimony and 
am happy to take any questions.

                                 ______
                                 

Questions Submitted for the Record to Mr. Keone Nakoa, Deputy Assistant 
        Secretary, Office of Insular and International Affairs,
                    U.S. Department of the Interior

Mr. Nakoa did not submit responses to the Committee by the appropriate 
deadline for inclusion in the printed record.

            Questions Submitted by Representative Westerman
    Question 1. How would H.R. 6062 affect the Department of the 
Interior's process in approving amendments to American Samoa's 
constitution?

    Question 2. Section 12 of Public Law 98-213 that H.R. 6062 would 
repeal, was enacted in 1983 because of fears of unilateral decision 
making in American Samoa by the Secretary of the Interior.

    2a) How will the DOI assure the residents of American Samoa that 
the DOI will not act unilaterally and will work with the American 
Samoan local government on amendments to American Samoa's constitution?

    Question 3. H.R. 6062 is designed to remove barriers and 
subsequently expedite the approval process for changes to the American 
Samoa Constitution. Yet, it is not Congress who has held up the process 
since 2022.

    3a) How can we ensure that without Congressional approval DOI will 
continue to evaluate amendments to the American Samoan Constitution 
when there has been no answer regarding the 2022 amendments?

    Question 4. Would the Compact Impact Fairness provisions provide 
the individual territories and state governments the same level of 
funding provided under the Compact Impact grants?

    4a) Does the Administration believe the Compact Impact Fairness 
provisions alleviate the issues raised by officials from Guam regarding 
the impacts of the Compacts has had on Guam?

    Question 5. In 2020, the Government Accountability Office published 
a report titled, ``Compacts of Free Association: Populations in U.S. 
Areas Have Grown, with Varying Reported Effects.'' This report 
highlighted the issue of a misallocation of Compact Impact grant funds 
from FY 2015 through 2020 because of an enumeration error by the U.S. 
Census Bureau on the numbers of migrants from the FAS within each U.S. 
state and territory. As a result, Hawaii was underfunded while the 
Pacific territories were provided more grant funds than what they would 
have received without the error.

    5a) Is there a risk that this type of error could happen again if 
Compact Impact grants were extended?

    Question 6. Under the 2003 Compacts of Free Association, Hawaii and 
the Pacific territories were eligible to receive the Compact Impact 
grants. Under H.R. 6273, Hawaii would no longer be eligible to receive 
Compact Impact grants.

    6a) With $30 million for the annual Compact Impact grants under the 
2003 Compacts, should there be an adjustment to the annual grant amount 
if Hawaii is excluded under H.R. 6273?

    Question 7. The witnesses from Guam have testified that the biggest 
impacts of hosting COFA migrants in Guam are on public safety and 
education.

    7a) Does the Department agree with this assessment? What is the 
Department doing to help address these concerns?

            Questions Submitted by Representative Radewagen

    Question 1. Deputy Assistant Secretary Nakoa, I want to thank 
Secretary Haaland as well as Assistant Secretary Cantor for supporting 
H.R. 6062, and I want to thank you for your leadership in consultations 
with American Samoa's government to develop an approach the 
Administration is supporting. Do you agree that the ability of Congress 
to direct the policies and actions of the Secretary and the American 
Samoa government in local constitutional affairs as determined by 
Congress is vested by the Territorial Clause, so that we do not need a 
statute to give that power to Congress?

    Question 2. At the hearing on H.R. 6062 on January 18, 2024, 
several statements were made to the effect that 48 U.S.C. 1662a is a 
source of Congressional authority to participate in or determine the 
outcome of the American Samoa constitutional amendment process. Rather, 
is it correct that:

    2a) The source of the authority of the President delegated to the 
Secretary of the Interior to approve amendments to the American Samoa 
constitution is, in order of priority, Congressional enactment of 48 
U.S.C. 1661, Executive Order 10264 signed pursuant thereto, and the 
1967 Revised Constitutional of America Samoa approved the Secretary 
acting thereunder;

    2b) 48 U.S.C. 1662a is not the source of and adds nothing to the 
power of Congress under the Territorial Clause to determine disposition 
of proposed amendments to the local constitution before, during and 
after any local constitutional amendment process or approval by the 
Secretary of the Interior under Executive Order 10264;

    2c) Repeal of 48 U.S.C. 1662a will not reduce or restrain the power 
of Congress to determine disposition of any constitutional amendment 
proposed or approved for American Samoa under Executive Order 10264;

    2d) The only actual effect 48 U.S.C. 1662a is to bar and prohibit 
entry into force or implementation of constitutional amendments 
approved by the Secretary under Executive Order 10264, for an 
indefinite period with no defined standard or process of review, unless 
and until Congress approves or disapprove any such amendment proposed 
and approved by the people and the Secretary thereunder?

    Question 3. Is it correct the provisions of 49 U.S.C. 1662 
recognize that Swain's Island and persons of U.S. nationality residing 
there have the same political status and rights as all other persons of 
American nationality residing anywhere in American Samoa as provided 
under 48 U.S.C. 1661?

    Question 4. Although the U.S. Department of Justice did not attend 
the hearing of this Committee on January 18, can you confirm that it is 
the legal position of the U.S. Government, including the U.S. 
Department of Justice, that 48 U.S.C. 1662a does not increase decrease 
or increase the power of Congress under the Territorial Clause to 
determine the disposition of amendments concerning proposed by the 
local government under the local constitution?

                                 ______
                                 

    Ms. Hageman. I thank the witness for their testimony. The 
Chair now recognizes Lieutenant Governor Ale for 5 minutes.

STATEMENT OF THE HON. TALAUEGA ELEASALO VAALELE ALE, LIEUTENANT 
      GOVERNOR, AMERICAN SAMOA, PAGO PAGO, AMERICAN SAMOA

    Mr. Ale. Madam Chair and members of the Committee, thank 
you for the opportunity to testify.
    I respectfully request that my oral and written statement, 
with all attachments thereto, be included as part of the 
record.
    As Lieutenant Governor of American Samoa, I am honored to 
be here to represent Governor Lemanu Mauga to express the 
American Samoa Government's support for H.R. 6062.
    American Samoa is the only U.S. territory that has to come 
to Congress and ask permission whenever our people want to 
amend our constitution. This is because of 48 U.S.C. 1662, 
enacted in 1983. H.R. 6062 seeks to remove this unnecessary and 
unique burden on the American Samoa local right of self-
determination.
    American Samoa joined the United States not because we were 
conquered or purchased, but because of an agreement we 
voluntarily entered into. We were induced to cede our islands 
to the United States by promise made to our forefathers 
embodied in the Deeds of Cession. That ability to preserve our 
culture would always be respected and protected.
    The promise made to our forefathers has largely been kept, 
and we have more than held up our end of the bargain by 
demonstrating extraordinary loyalty to this country. American 
Samoa has the highest rate of military enlistment of any U.S. 
state or territory, and we have sacrificed much more than our 
fair share of our best men and women in America's conflicts.
    Governor Lemanu himself exemplifies this ethic of military 
service. He retired as a major in the U.S. Army after serving 
for over two decades, including the Gulf War and the wars in 
Iraq and Afghanistan.
    As stated earlier, our people have spoken in 2022. We 
followed the constitutional procedures and amended our 
constitution. I was honored to be chosen by Governor Lemanu to 
chair the Constitutional Review Committee. The Constitutional 
Convention reviewed these provisions, and it was put to vote by 
the people of American Samoa.
    One amendment approved by the voters would establish an 
impeachment procedure for the Governor and Lieutenant Governor. 
Another would give the Delegate from Swains Island, an atoll in 
a remote part of our territory, the right to vote in our House 
of Representatives. Other amendments would change the names or 
spellings of some of our counties. These amendments are all 
matters of local issues that our people are quite capable of 
deciding for ourselves, without being micromanaged by Congress. 
The congressional approval requirement that currently exists 
under 1662(a) makes it infinitely more difficult for the people 
of American Samoa to exercise self-determination and amend 
their constitution.
    We stand behind this legislation, and we fully support the 
submission of this law to repeal section 1662.
    Congress will always have the ultimate authority over 
American Samoa under the territorial clause, and will continue 
to be a partner of American Samoa as we move forward in the 
future and determine how and where we will end up as a 
community and as a government.
    I am reminded today of an ancient Samoan expression, 
[speaking Native language], meaning, ``May both sides be 
unified in equal strength.'' H.R. 6062 represents the 
inestimable value we place on our unity with the United States, 
but also the equal importance we place on our constitution and 
the protection of the Samoan way of life.
    Let me close by again expressing my gratitude and thanks to 
this Committee for allowing us to testify; to our Member of 
Congress, Amata, for introducing this important legislation and 
for allowing my brother, Delegate Su'a, to appear before this 
Committee and to provide a perspective of how American Samoa 
exists today. I think it is important for Congress to hear from 
him and how the people in Swains have fared during this 
partnership with American Samoa.
    At the end of the day, however, it will be shown that we 
stand together with Swains, and we all support this legislation 
because it is important for the future and the self-
determination of all American Samoa, which includes Swains, 
Manu'a, and the islands of Tutuila and Aunu'u.
    With that I close. Thank you very much.

    [The prepared statement of Mr. Ale follows:]
       Prepared Statement of Hon. Talauega Eleasalo Vaalele Ale,
                     Lt. Governor of American Samoa
                              on behalf of
     Hon. Lemanu Palepoi Sialega Mauga, Governor of American Samoa
                              on H.R. 6062

    Madam Chair and members of the Committee, thank you for the 
opportunity to testify.

    As the Lt. Governor of American Samoa, I am here representing 
Governor Lemanu Palepoi Sialega Mauga to express the American Samoa 
Government's support for H.R. 6062. And in supporting H.R. 6062 I speak 
not only for Governor Lemanu, but also for the people and government of 
American Samoa. Governor Lemanu and I, our Senate, and our House of 
Representatives are all united in support of this legislation authored 
by our Congresswoman, Uifa'atali Aumua Amata Coleman Radewagen.
    Current law, as codified in 48 United States Code Section 1662a, 
provides that amendments or modifications to the constitution of 
American Samoa, as approved by the Secretary of the Interior under 
Executive Order 10264, may be made only by Act of Congress. Prior to 
enactment of Section 1662a in 1983, the only federal approval required 
to amend or modify our constitution was that of the Secretary of the 
Interior.
    American Samoa is the only U.S. territory that has to come to 
Congress and ask permission whenever our people want to amend our 
constitution. We recognize that each territory's legal relationship 
with the U.S. is unique, but American Samoa's right of self-
determination should not be uniquely burdened with this requirement for 
Congressional approval.
    This is particularly true because American Samoa has a very special 
relationship with the United States. We joined the U.S. not because we 
were conquered or purchased, but because of an agreement we voluntarily 
entered into. We were induced to cede our islands to the U.S. by the 
promise made to our forefathers, embodied in the Deeds of Cession, that 
our ability to preserve our culture would always be respected and 
protected. We have always cherished our right to self-determination 
within the American system.
    For well over a century, we have been a proud part of the American 
family while still practicing the culture that defines us as a people. 
The promise made to our forefathers has largely been kept, and we have 
more than held up our end of the bargain by demonstrating extraordinary 
loyalty to this country. American Samoa has the highest rate of 
military enlistment of any state or territory in the U.S., and we have 
sacrificed much more than our share of our best men and women in 
America's conflicts. Governor Lemanu himself exemplifies our ethic of 
military service: He retired as a major after serving for over two 
decades, including in the Gulf War and the wars in Iraq and 
Afghanistan.
    The people of American Samoa have always been first in line to 
fight for America's freedom, and we hope Congress will support us in 
our quest for greater self-determination.
    Our people demonstrated their commitment to self-determination and 
participatory democracy in 2022. Governor Lemanu, consistent with the 
applicable provisions of the American Samoa Constitution and local law, 
called a Constitutional Convention. The Governor appointed me to chair 
the Constitutional Review Committee, which recommended proposed 
amendments to be considered at the convention. Local councils from each 
county selected a total of 129 delegates to the convention to discuss 
various proposed constitutional amendments. The result of the 
convention was that 11 proposed amendments were put on the ballot for 
the entire electorate to vote on. In November 2022, five of those 
amendments were approved by our people.
    The amendments that were ultimately approved are an assortment of 
measures to enhance our self-governance. One measure would establish an 
impeachment procedure for the Governor and Lieutenant Governor. Another 
would give the delegate from Swains Island, an atoll in a remote part 
of our territory, the right to vote in our House of Representatives. 
Other amendments might appear less significant, such as changing the 
names or spellings of some of our counties.
    These amendments may vary in their perceived significance, but what 
they have in common is that they are all matters that our people are 
quite capable of deciding for ourselves without being micromanaged by 
Congress. Do we really need to take up Congress's valuable time to 
decide whether ``Ma'oputasi,'' a county in our Eastern District, should 
be spelled with an ``o'' or a ``u''?
    H.R. 6062 would restore a status quo that worked very well for 
decades prior to 1983: Amendments and modifications to the American 
Samoa Constitution would have to be approved by the Secretary of the 
Interior but not by Congress. That procedure was much more efficient, 
because the Department of the Interior is the federal government's 
repository of institutional knowledge on American Samoa and its 
relationship with the United States. Interior has the experts who can 
engage with our issues without having to get up to speed.
    Under the old arrangement, where Congressional approval was not 
required, American Samoa was able to make significant, steady progress 
along the path of self-governance. With the approval of the Secretary 
of the Interior, American Samoa adopted its first constitution in 1960. 
Working with the Department of the Interior, we adopted a revised 
constitution after a Constitutional Convention in 1967. In 1977, 
pursuant to a Secretary's order, our constitution was amended again to 
empower our people to elect our Governor and Lieutenant Governor. Later 
that year, the Secretary granted our Senate's request to amend our 
constitution so that, among other things, the Attorney General of 
American Samoa would be appointed by the Secretary and confirmed by our 
local legislature. The following year, the Secretary approved our 
Senate's request to have the Governor rather than the Secretary appoint 
the Attorney General.
    The old system served us well. The relationship between American 
Samoa and the United States was characterized by cooperation and mutual 
respect. We were allowed to develop politically at our own pace, 
progressing steadily along the path of self-determination and self-
governance. The promise of the Deeds of Cession was being fulfilled. 
H.R. 6062 would restore the arrangement that worked so well for 
American Samoa and the federal government alike.
    The Congressional approval requirement makes it infinitely more 
difficult for the people of American Samoa to amend their constitution 
when they see fit. Congress's calendar is subject to partisan 
machinations that can make it difficult to pass even essential 
legislation in a timely fashion. The ability to pass legislation, even 
seemingly noncontroversial legislation, is always subject to external 
factors that have nothing to do with us and are beyond our control. We 
are a small, remote territory. It is hard for us to compete for 
attention with powerful interests when so many important things are 
going on. Congress already has so much on its plate, and we don't want 
to add to it every time our people want to amend our constitution.
    If we submit constitutional amendments to Congress under current 
law, Congress has no obligation to act within a reasonable time. In 
fact, it has no obligation to act at all, or to even respond to us. I'm 
not suggesting that Congress would ignore us. But it's easier for us to 
inadvertently get lost in the shuffle with Congress than with the 
Interior Department, which has to deal with us every day.
    Under the Territorial Clause, Congress will of course still retain 
full authority over American Samoa. While H.R. 6062 would eliminate the 
need for us to get Congress's prior approval before amending our 
constitution, Congress would still have full authority to take any 
appropriate action if American Samoa were ever to do anything that 
Congress deemed improper. Passing H.R. 6062 would thus not diminish 
Congress's oversight authority over American Samoa; it would simply 
excuse Congress from the obligation to micromanage American Samoa in a 
way that it micromanages no other territory--and in a way that 
inappropriately impedes our ability to exercise self-determination.
    I respectfully request that the attached memorandum prepared for 
the Governor on 48 U.S.C. 1662a be included in the record. Additional 
supporting material will be submitted after this hearing pursuant to 
Committee rules. The memorandum provides detailed historical 
perspective on how Section 1662a inadvertently upset a very well 
calibrated mechanism for allowing American Samoa to progress toward 
self-determination under Congress's ultimate supervision. That well 
calibrated mechanism would be restored with H.R. 6062.
    I am reminded today of an ancient Samoan proverbial expression: 
``Ia o gatasi le futia ma le umele,'' meaning ``May both sides be 
unified in equal strength.'' H.R. 6062 represents the inestimable value 
we place on our unity with the United States but also the equal 
importance we place on our Constitution and the protection of the 
Samoan way of life.
    For American Samoa, self-determination is an ongoing journey. 
Congress has of course been an essential part of that journey. We 
appreciate that and will continue to call on Congress to request what 
we need to keep making progress. What we need from Congress now is the 
same flexibility that Congress allows to all of the other territories 
to shape their own future.
    Thank you.

                                 *****

                               ATTACHMENT

MEMO: Political and Legal History of 48 U.S.C. 1662a

CONCLUSIONS AND RECOMMENDATIONS:

  1.  48 U.S.C. 1662a does not in any respect or by any degree define, 
            implement or enhance the Territorial Clause power of 
            Congress to approve or disapprove, modify, or declare null 
            and void any amendment to the local constitution approved 
            by the Secretary of the Interior pursuant to Executive 
            Order 10264, as authorized by Congress under 48 U.S.C. 
            1661. Accordingly, Congressional power would not be 
            diminished, restrained or relinquished by repeal of 48 
            U.S.C., 1662a.

  2.  The sole effect of 48 U.S.C. 1662a is to make approval by an act 
            of Congress a condition precedent for any amendment 
            approved by the Secretary under Executive Order 10264 to 
            enter into force, including amendments ratified by a 
            majority vote in a referendum conducted by the American 
            Samoan Government in accordance with local laws.

  3.  The historical role of the Congress, President, Secretary of the 
            Interior and American Samoan Government in lawful 
            governance of American Samoa, including adoption of the 
            local constitution and amendments thereto pursuant to local 
            law sustains self-government in a manner compatible with 
            the 1900 and 1904 Deeds of Cession, 48 U.S.C. 1661, 
            Executive Order 10264, the 1967 Revised Constitution of 
            American Samoa and local law promulgated thereunder, 
            subject to and consistent with federal law made applicable 
            to American Samoa by Congress.

  4.  Because Congress has the absolute power to act any time it 
            chooses before, during or after amendment of the local 
            constitution, and determine disposition of any proposed or 
            approved amendment, there is no compelling juridical 
            justification or prudential reason to make amendments 
            contingent on action by Congress before amendments are 
            promulgated and take effect as otherwise authorized by 
            federal and local law.

  5.  Accordingly, in the interests of local democratic self-
            determination and preservation of the American Samoa way of 
            life consistent with 48 U.S.C. 1661, the extraneous mandate 
            of 48 U.S.C. 1662a should be repealed.

Part One: Framework for self-determination to preserve or change 
        current status

    The framework for local self-government that preserves American 
Samoa's cultural, political and legal order, but allows for change 
through local self-determination, begins with the 1900 and 1904 Deeds 
of Cession. The 1929 Ratification Act (48 U.S.C. 1661) confirmed the 
Deeds of Cession, including U.S. obligation to respect local self-
determination in local cultural affairs. That 1929 act of Congress 
delegated to the President of the United States responsibility for 
conducting federal affairs in the territory consistent with U.S. 
obligations under the Deeds of Cession.
    Pursuant to 48 U.S.C. 1661, in 1951 the President signed Executive 
Order 10264, which delegated to the Secretary of the Interior 
responsibility to conduct federal affairs in American Samoa on behalf 
of the President consistent with the Deeds of Cession. Finally, acting 
under Executive Order 10264, the Secretary approved the 1967 Revised 
Constitution of American Samoa, after its approval by the voters of the 
territory in 1966.
    Those instruments provide the framework for self-determination in 
all local affairs not otherwise governed by applicable federal law. The 
local constitution provides for local self-government under the current 
status, and it can be amended by local initiative under the 
constitution, or otherwise proposed and approved under local law, with 
approval of the Secretary under Executive order 10264.
    That framework remains unchanged since adoption of the local 
constitution in 1967, except that in 1983 a statute that has never been 
implemented or applied would require Congress to approve amendments 
after approval by the voters and the Secretary.
    Now for the first time since 1983 amendments have been approved by 
the voters, and the Secretary as well as Congress are considering 
whether seeking approval of Congress under the 1983 statute is 
consistent with purposes of the framework for self-determination 
already previously established by Congress.
    As explained in detail below, in 1983 the Member of Congress from 
American Samoa proposed and Congress adopted a one sentence statutory 
provision requiring Congress to approve any amendment to the local 
constitution adopted under E.O. 10264 (See, U.S. Public Law 98-213, 
Sec. 12; 48 U.S.C. 1662a).
    That provision applies to any amendment approved by the Secretary, 
including amendments proposed through the amendment process prescribed 
in the 1967 local constitution at Article V, Section 3 and Section 4, 
or otherwise lawfully conducted under local authorities within the 
framework of self-government in all matters not otherwise governed by 
applicable federal law.
    48 U.S.C. 1662a lay dormant from 1983 to 2022, simply because no 
amendment to the local constitution was ratified by voters in a local 
referendum or otherwise approved by the Secretary of the Interior 
during that period. There were multiple constitutional conventions 
called by past Governors under the local constitution and/or local law, 
and referendums were conducted on proposed amendments, but none were 
approved until five of 11 amendments were approved by voters in 2022.
    Accordingly, the efficacy and operation of 48 U.S.C. 1662a was 
never put to the test until the 2022-2023 period American Samoa 
transmitted the approved amendments to the Department of the Interior, 
which has had the question of approval under advisement while 
consulting with the American Samoa Government and Congress about the 
proposal by the Member of Congress from American Samoa and local 
leaders that 48 U.S.C. 1662a be repealed before a precedent for its 
application is created.
    The role of the Secretary was approved by the voters in ratifying 
the local constitution in 1967, and derives in turn from the 
authorities and responsibilities of the Secretary Executive Order 
10264. Accordingly, that role for the Secretary is not in itself a 
reason much less justification for 48. U.S.C. 1662a.
    As noted, on November 8, 2022, the voters of American Samoa 
approved 5 of 11 amendments to the 1967 Revised Constitution of 
American Samoa. Three of the voter-approved amendments were technical 
changes conforming terms used in constitution to local language per 
custom, one enabled impeachment and removal of the Governor by the 
Legislature, and one gave the non-voting member of the Legislature from 
Swain's Island a vote in that body.
    The amendments were proposed in 2022 by a convention called under 
the authority of the Governor, under local authorities and measures 
consistent with procedures for proposing and approving amendments 
pursuant to Article V, Section 4 of the 1967 Revised Constitution. The 
Department of the Interior provided a $150,000 grant for the convention 
and referendum as called by the Governor.
    Amendments proposed and ratified by voters, including under Article 
V, Section 3 or Section 4 of the constitution, must be approved by the 
Secretary of the Interior in the same manner as the constitution was 
adopted in 1967. Accordingly, the Secretary has the authority under 
Executive Order 10264 to approve amendments proposed by a convention 
called under authority of the Governor and approved by majority vote in 
a referendum conducted under local law.
    After the 2022 vote in American Samoa, back in Washington it was 
determined by Interior Department legal and policy staff that the U.S. 
need not determine the local protocols for proposing and approving 
local amendments. Since the local process was determined lawful under 
both federal and local law, it was confirmed by the Department of the 
Interior that the Secretary had the authority and responsibility to 
either approve or disapprove any amendments proposed and approved 
locally.
    In addition, it was determined by the American Samoa Government and 
the Department of the Interior that unless 48 U.S.C. 1662a were 
repealed, the amendments approved in 2022 could not take effect without 
the act of Congress in 1983.
    In the past, multiple constitutional conventions have been called 
in the same manner as the 2022 convention, but voters have rejected all 
proposed amendments. In 2022, as noted, one of 6 amendments rejected by 
voters would have reduced the Secretary of the Interior's role in 
governance of the territory, including approval of constitutional 
amendments.
    In all previous constitutional amendment votes the vast majority of 
Americans in American Samoa rejected all amendments that would change 
the role of the Secretary of the Interior under Executive Order 10264. 
In 2022, the amendment that would have reduced the DOI Secretary's role 
under the local constitution was also rejected.
    The record of majority rule in past votes expressing trust in and 
reliance on the governing arrangements under 48 U.S.C. 1661 and 
Executive Order 10264 are understood in American Samoa as a record of 
self-determination in favor of the current status defined by the Deeds 
of Cession and the local constitution.
Part Two: Why repeal is best option

    The 1967 Revised Constitution of American Samoa adopted by majority 
rule in the 1966 ratification vote, including its amendment process, 
was approved by the Secretary and thereby entered into force in 1967. 
However, approval of the Secretary at least for now is no longer the 
last step in the constitutional amendment process.
    That is because in 1983 staff acting on behalf of the Congress 
member from American Samoa, Fofo Sunia, requested House managers of a 
territorial spending bill to insert a one sentence amendment in that 
legislation that became 48 U.S.C. 1662a.
    Whatever the purposes and intentions for that 1983 bill at the 
time, the long-term effect that became apparent was that a local 
democratic act of self-determination to amend the local constitution 
approved by the Secretary can no longer be given effect in the same 
manner by which the territorial constitution was itself approved by the 
Secretary and given effect in 1967.
    Specifically, 48 U.S.C. 1662a makes Congressional action necessary, 
but does not require Congress to act. The result is Congress in effect 
can knowingly or unknowingly nullify the vote of the people and 
Secretarial approval of an amendment under Executive Order 10264 by 
simply doing nothing. By act or omission of either the Senate or the 
House the vote of the people can be ignored, nullified and vitiated.

    Congress already has plenary power under the Territorial Clause of 
the U.S. Constitution to approve or disapprove of any amendment to the 
constitution before or after it is approved by the voters, the local 
government or the Secretary. The 1983 amendment is in that sense a 
hollow act by mere statute that does not and cannot give Congress power 
it has under the Constitution.

    What the 1983 statutory requirement of Congressional approval does 
is empower either chamber of Congress to suspend operation of the local 
constitution and democratic self-determination on a local self-
government and home rule issue by taking no action. It allows 
nullification of democratic process by Congress acting passively, 
without exercising its constitutional power over territories 
authoritatively and affirmatively.
    Subsequently, after 48 U.S.C. 1662a became law, Congress was 
advised in 1984 testimony by the Department of Justice that the 1983 
amendment might have unintended consequences relating to the 
territory's status and federal relations as described below. See, U.S. 
Senate Energy and Natural Resources Committee, Hearing Report, 
``Revised Constitution of American Samoa,'' May 8, 1984.
    Thereafter, recognition increased that the 1983 amendment was not 
warranted or needed. Accordingly, Congressman Sunia's successor, Eni 
Faleomavaega, proposed legislation in 2005 to repeal 48 U.S.C. 1662a.
    However, there was confusion in Congress about whether repeal of 
the act would relinquish powers of Congress, which is not the case 
given the plenary powers of Congress over all matters of territorial 
governance, including amendments to the local constitution.
    Now, decades later, it might seem like a logical solution to this 
anomaly going forward to amend the 1983 statute by requiring Congress 
to act on a proposed amendment within a specified period time. That, of 
course, would not be binding or enforceable, unless perhaps the statute 
provided the amendment would take effect if Congress does not act by a 
specified date.
    That option of Congressional approval by default if Congress does 
not act by a date certain is consistent with the automaticity of an 
effective date for locally ratified constitutions submitted to Congress 
by Guam or the U.S. Virgin Islands territory under a 1978 federal 
statute (P.L. 94-584). But that 60 rule does not apply to amendments 
(and no constitution has ever been adopted by those two territories).
    Another option might be to limit the application of 48 U.S.C. 1662a 
to amendments proposed and initiated by the Secretary under Executive 
Order 10264 but not jointly with the Government of American Samoa, and/
or proposed and ratified according to local law. That would change and 
limit the role of the Secretary in a way rejected by voters in every 
referendum since 1967, including the 2022 vote.
    That latter option also would not fully democratize the process (if 
that were the goal), as long as the Secretary can control what 
amendments would ever reach Congress after approval by the voters, 
through the power to approve or disapprove. So, unless the role of the 
Secretary is either radically altered or ended, the current law will 
remain.
Part Three: Political risk of clouding American Samoa's status

    In the 1984 hearing before the Senate Committee on Energy and 
Natural Resources cited above, a Deputy Assistant Attorney General from 
the Office of Legal Counsel in the U.S. Department of Justice suggested 
implementation of 48 U.S.C. 1662a could raise questions and concerns 
about whether that might alter political status, rights or equities of 
American Samoa in the federal-territorial relationship.
    While the ultimate effect or impact of those questions and concerns 
may be more speculative than determinative, the fact that DOJ would 
give such testimony is extraordinary and cannot be dismissed by 
countervailing legal or political speculation. Indeed, even if only 
seen as an expression in 1984 of DOJ disapproval of the adoption of 48 
U.S.C. 1662a without regular order and DOJ review, the 1984 DOJ 
testimony demands attention and consideration.
    Alone the DOJ position in 1983 about the 1983 one sentence add-on 
to P.L. 98-213 may not be legally dispositive, but it augments and 
provides a political risk context for the preceding discussion of the 
legal anomalies emanating from 48 U.S.C. 1662a.
    Specifically, DOJ indicated ``federalization'' of the local 
constitution under 48 U.S.C. 1662a could open not only the constitution 
but even the Deeds of Cession to amendment or revision the same as a 
generic territorial organic act, rather than a historical legacy of 
stable relations under 48 U.S.C. 1661.
    The result predicted by DOJ was risk that American Samoa's unique 
status could be modified. If so, the territory as well as its people 
who are U.S. nationals could be reclassified for the first time since 
1900, as a territory and population indistinguishable from other four 
unincorporated by statutorily organized territories.
    Once articulated by DOJ in 1984, even if temporized with the 
passage of time this concern cannot simply or lightly be explained away 
or ignored. DOJ cannot ``take it back'' or give reassurances that 
mitigate the effects of the questions DOJ raised.
    Those concerns are now part of the political culture of American 
Samoa, and contribute to the steadfastness of its people to preserve a 
unique tradition of patriotism and allegiance combined with autonomy 
and customary way of life, which the U.S. promised to help preserve in 
the 1900 and 1904 Deeds of Cession. That is what self-determination 
means to American Samoa.
    In this regard, it must be recalled and understood emphatically 
that American Samoa is not an ``organized'' territory, that is, not 
subject to an organic act of Congress establishing local self-
government and defining federal-territorial relations under federal law 
on the basis of conquest or purchase of the islands by the U.S. federal 
government.
    Rather, American Samoa was not taken as a prize of war or purchased 
by the highest bidder. Instead, the high chiefs ceded their sovereignty 
and islands to the U.S. by deeds in 1900 and 1904. In accepting and 
enacting the terms of those deeds Congress affirmed that American Samoa 
was recognizing the U.S. as sovereign and that the people now owed 
allegiance to the United States.
    At the same time, as noted, the U.S. accepted the obligation to 
protect and preserve the customs and traditions of American Samoa and 
its way of life, including the traditional landownership system. As a 
result, the federal footprint in American Samoa is very small compared 
to other territories.
    Given this degree of both legal and de facto autonomy, far fewer 
federal statutes apply, and American Samoa proudly and patriotically 
has statutory U.S. nationality but not statutory citizenship unless 
individually acquired. There is no federal court in American Samoa and 
its High Court has been appointed by the Secretary of the Interior.
    If the status of American Samoa and its U.S. national population is 
to change, its leaders reportedly believe that best would be initiated 
in the people before being proposed to Congress or imposed by a court. 
That is the position local government leaders successfully argued in 
the federal courts during Fitisemanu case, seeking to federalize 
constitutionally imposed birthright citizenship in the territory by 
court ruling without democratic consent of the governed.
    And that is why the Governor, both Houses of the local Legislature 
and senior local and federal officials directly responsible for 
leadership on this matter have proposed that the 1983 amendment taking 
away home rule under the people's constitution be repealed. That is 
because in its historical context the 1983 amendment requiring Congress 
to approve any amendments to the constitution is not consistent with 
self-determination.
    As noted above, in the 2022 vote, the amendment conferring voting 
rights on the representative from Swain's Island is the only amendment 
passed that ushers in a change in local political affairs. That and the 
other approved amendments need to undergo Interior Department legal 
review. Frustration over delay in federal approval of the 2022 vote on 
several amendments to the local constitution is understandable.
    However, there is now valid concern and hesitation about action by 
the Secretary of the interior that could trigger Congressional 
inaction, on one hand, and Congressional hearings in which approval or 
disapproval of an amendment such as the Swain's Island vote decided by 
the voters back home could become the focus of a debate over election 
law in Congress.
    Thus, the decision in Washington not to act without further 
deliberation is prudent given flaws in the hastily adopted 1983 federal 
law creating a local constitutional political conundrum under 48 U.S.C. 
1662a that now only Congress can correct.
    To understand the legislation introduced to repeal that errant 1983 
statute requiring Congressional ratification-action on amendments, and 
to define the real options for resolution of this dilemma, it is 
important understand American Samoa's political ethos.
Part Five: America's Most Self-Governing Overseas Territorial 
        Possession

    American Samoa is the only U.S. territory that is not seeking 
changes to its political status and relations with the federal 
government. The traditional and elected leaders of American Samoa and 
the voters consistently demonstrate a preference to remain America's 
outpost in the South Pacific under current law.
    Although grateful for the federal programs, services and benefits 
of U.S. territorial status, the American Samoa body politic 
consistently has affirmed through local self-government that any change 
in political status or federal-territorial relations preferably should 
be initiated locally not in distant Washington.
    American Samoa is home to deeply patriotic Americans whose 
allegiance and loyalty to America is confirmed by the highest per 
capita rate of U.S. military service of any state or territory. Yet, 
when a territorial policy advocate from Guam filed a lawsuit asking a 
federal court in Washington DC to end the current statutory ``national 
but not citizen'' status of Americans born in the territory, and 
replace it not by statutory citizenship applicable on the other 
territories,--but by federal judicial order with the same citizenship 
status conferred in states, the local government opposed that lawsuit.
    American Samoa's Congresswoman, Governor and Legislature intervened 
as parties in the case and opposed any change to the historical 
American nationality and autonomous political status that has served 
the people of the territory and our nation so well for over 120 years. 
The U.S. Supreme Court rejected petition to review federal appellate 
court ruling in favor of the current status of American Samoa and 
persons born there.
    That local initiative to preserve the autonomous status of the 
territory confirmed that U.S. nationality in American Samoa confers 
rights to Americans equal to that of nationals residing in the four 
other unincorporated territories who are classified as ``citizens'' by 
federal territorial statutes.
    To understand this political culture, it is important to note that 
America Samoa was never disposed to European colonial or American 
imperial initiatives. Instead, the powerful Chiefs of the Eastern 
islands of Samoa requested and voluntarily agreed in 1900 and 1904 to 
Deeds of Cession conferring U.S. sovereignty over the islands of the 
territory, in exchange for the U.S. promise to preserve the local 
traditional landownership system and way of life.
    It is because the U.S. has kept its promises that American Samoa 
prefers its current political status to any other relationship with the 
U.S. federal government or model of self-government. The U.N. may 
classify American Samoa as non-self-governing territory for its own 
purposes, but most locals believe the current status is the result of 
and consistent with local self-determination.
    It is recommended to support repeal of 48 U.S.C. 1662a. If that 
statute is not repealed, approval of the amendments ratified by the 
people in 2022 will trigger the perverse and anomalous 1983 law 
suspending the amendment process to which the people have consented, 
unless and until Congress acts. In turn, action by Congress under that 
1983 statute could have consequences for self-determination for 
American Samoa to which its people have not consented.
    In that context, it is important to note that the Secretary's role 
not only in the amendment process but more broadly under Executive 
Order 10264 derives from a consent based mutually beneficial federal-
territorial relationship created by Congress in 1929 under 48 U.S.C. 
1661. In that historic Act, Congress authorized the President to adopt 
measures to establish local government in the territory, and since 1951 
that has included authorization of the Secretary of the Interior to 
execute and implement responsibilities for federal relations with the 
territory pursuant to Executive Order 10264.
    The legal meaning, political implications and intergovernmental 
viability of Section 1662a is being fully revealed and understood for 
the first time since it was adopted. Obviously, that is due to approval 
of five constitutional amendments in the referendum of Nov. 8, 2022, 
now awaiting final review and action by the Secretary of the Interior 
under Executive Order 10264, pending Congressional review at this time 
of H.R. 6062.
    In that context, while not seeking uniformity or ``one size fits 
all'' political status features for all territories, it has not been 
agreed American Samoa should be the only U.S. territory with a local 
constitution that has to come to Congress after the people have voted 
to amend the constitution. Like the local constitutions of all 
unincorporated territories, American Samoa's constitution applies only 
to local affairs to the extent consistent with federal law, so local 
amendment is limited to local matters in all territories.
    That is why American Samoa has not agreed the historical role 
Secretary of the Interior in approval of amendments justifies singling 
American Samoa out for the requirement of Congressional action after an 
act of local self-determination and Secretarial approval. While each of 
the other four territories has been authorized by Congress to adopt a 
constitution, only American Samoa's constitution was authorized by the 
President and Secretary as enabled and authorized by Congress.
    Thus, just as each territory's legal relationship with the U.S. is 
unique, American Samoa's right of self-determination should not be 
uniquely burdened because of the unique features of its organic law 
grounded in the Deeds of Cession. Section 1662a was an ad hoc and never 
reviewed revision of what was in 1983 a 54-year federal-territorial 
relations success story under 48 U.S.C. 1661.
    The mandate of Section 1662a is for what amounts to a secondary 
after-the-fact Congressional approval. The effect is to hold acts of 
local self-determination in abeyance indefinitely, until Congress acts, 
or even to nullify amendments by omission or silence.
    Perhaps most fundamentally, Congress does not need 1662a to 
exercise its plenary and supreme power under the Territorial Clause to 
approve or disapprove any amendment approved by the Secretary under 
Executive Order 10264. Whether an amendment is proposed in a local 
convention and ratified in a referendum or any other lawful procedure 
under local law, approval by the Secretary does not bind the Congress 
before or after the Secretary acts.
    The U.S. DOJ position is that there is no vested right under local 
or federal law to a local constitution or any amendment to it, whether 
or not adopted under authorization by Congress in 48 U.S.C. 1661. Thus, 
there is no gain of Congressional authority by requiring a second 
authorization by Congress under 1662a, and no loss of Congressional 
power if the 1983 statute is repealed. Indeed, Congress can disapprove 
amendments approved by the Secretary, approve amendments that have been 
disapproved by the Secretary, or simply amend the local territorial 
constitution as Congress chooses.
    Because the local constitution was adopted by the people and 
approved by the Secretary on behalf of the President as authorized by 
Congress, the real effect of Section 1662a is to prevent the local 
constitution from being amended in the same manner it was adopted. As 
such, Section 1662a is a condition precedent and/or condition 
subsequent that either way leaves an act of self-determination and/or 
Secretarial act promulgated under Congressional authorization in limbo 
unless and until Congress acts yet again.
    In contrast, the power of Congress to approve or disapprove of any 
amendment or act of the Secretary in American Samoa or other territory 
is sovereign, supreme and of constitutional magnitude, not created by 
or dependent on a mere federal statute like 1662a.

                                 ______
                                 

   Questions Submitted for the Record to the Hon. Talauega Eleasalo 
                Vaalele Ale, Lt.Governor, American Samoa

            Questions Submitted by Representative Westerman

    Question 1. Deputy Assistant Secretary Keone Nakoa testified at the 
hearing that Department of the Interior review for the five 
constitutional amendments approved during the November 2022 American 
Samoa Constitutional Convention has been placed on hold at the request 
of Governor Lemanu P.S. Mauga.

    1a) Can you confirm if this request was made by Governor Mauga?

    1b) If the Governor did request this from the Department of the 
Interior, why did he make this request?

    Answer. After submitting the five constitutional amendments to the 
Secretary of the Interior on December 14, 2022, Governor Lemanu Mauga 
subsequently asked the Secretary to hold off her review to allow time 
for repeal of Section 12 of Public Law 98-213, 48 U.S.C. Section 1662a 
(hereinafter ``Section 1662a'').
    The leaders of American Samoa, including Governor Lemanu Mauga, the 
Senate President, House Speaker, and Congresswoman Radewagen share the 
strong conviction that Section 1662a poses an unacceptable risk and 
unfair burden to American Samoa and her unique relationship with the 
United States. This concern was raised during the constitutional 
convention and led to Congresswoman Radewagen's decision in November 
2022 and again in October 2023 to introduce legislation to repeal 
Section 1662a. In fact, the American Samoa House of Representatives, on 
February 2, 2023, passed a Resolution asking Congresswoman Radewagen to 
take all necessary steps to repeal Section 1662a.
    Section 1662a poses two primary concerns for the people of American 
Samoa. First, application of Section 1662a will delay and possibly 
prevent the people of American Samoa from amending their local 
constitution. As explained in my oral and written statements, the 
ability to pass legislation in Congress, even seemingly 
noncontroversial legislation, is generally difficult and unpredictable. 
For American Samoa, the burden is even greater. Not only are we a 
small, remote territory in the middle of the Pacific Ocean, we have 
only one non-voting Delegate in the House of Representatives and no 
representation whatsoever in the Senate chamber.
    Further, under Section 1662a, Congress has no obligation to act 
within a reasonable time once we submit our constitutional amendments 
for approval. In fact, Congress has no obligation under Section 1662a 
to act at all, or even respond to us. Based on our review, no other 
U.S. territory is required to endure such a burden in order to amend 
their local constitution. Given these facts, our local leaders made the 
only practical and logical decision for American Samoa in seeking 
repeal of Section 1662a. Repeal of Section 1662a protects our right as 
a people to self-determination and ensures fair treatment of all U.S. 
territories. Of course, repeal of Section 1662a does not remove 
Congress' ultimate authority over American Samoa under the Territorial 
Clause of the U.S. Constitution and under 48 U.S.C. Section 1661(c).\1\
---------------------------------------------------------------------------
    \1\ See 48 U.S.C. Sec. 1661(c) (``Until Congress shall provide for 
the government of such islands, all civil, judicial, and military 
powers shall be vested in such person or persons and shall be exercised 
in such manner as the President of the United States shall direct; and 
the President shall have power to remove said officers and fill the 
vacancies so occasioned. (Emphasis added). This language reflects 
Congress' clear intent to retain ultimate authority over governance of 
American Samoa.
---------------------------------------------------------------------------
    Second, application of Section 1662a to our constitutional 
amendments, exposes our local constitution and our special relationship 
with the United States to unnecessary risks.\2\ American Samoa's 
relationship with the U.S. was forged on the promise made by the U.S. 
to our forefathers that our ability to preserve our Samoan culture 
would always be respected and protected. This promise, codified in the 
Deeds of Cession and in 48 U.S.C. Section 1661(a), has allowed American 
Samoa for over 120 years under the watchful eye of the President, the 
Secretary of the Navy, and now the Secretary of the Interior, to 
establish certain institutions and laws as incorporated into the local 
constitution, to protect and preserve the Samoan culture. While some of 
these protective measures may not be viewed or understood as 
conventionally conforming practice under the U.S. Constitution, they 
have been allowed to exist because of our special relationship with the 
U.S. and because our constitution is generally viewed as a matter of 
local law with limited applicability. Congressional review of our 
constitutional amendments under Section 1662a could convert our entire 
constitution into federal law subject to full application of the U.S. 
Constitution and application of federal laws now applicable to other 
territories. Worse, such congressional action could result in the 
establishment of a ``de facto'' organic act that could be conformed in 
the case of American Samoa to organic laws of other territories without 
any input from our people.
---------------------------------------------------------------------------
    \2\ Although enacted in 1983, Section 1662a has never been put to 
test before. Congress has never had the opportunity to review 
amendments to the American Samoa constitution under Section 1662a. 
Unless repealed, this would be the first occasion where the provisions 
of Section 1662a would be applied.
---------------------------------------------------------------------------
    Governor Lemanu Mauga consulted with the Secretary of the Interior 
regarding his concerns about Section 1662a and received useful advice 
from the DOI on how to proceed. The Secretary graciously agreed to 
delay her review of the amendments to allow time for repeal of Section 
1662a.

    Question 2. In your testimony, you stated that the Congressional 
approval requirement under Section 12 of Public Law 98-213 has made it 
``infinitely more difficult for the people of American Samoa to amend 
their constitution when they see fit.'' However, the Department of the 
Interior testified at the hearing that the reason why Congress has yet 
to review and approve the 2022 amendments is because American Samoa 
officials requested from the Department of the Interior to not finalize 
its review of the amendments, thus not submitting them to Congress for 
review.

    2a) Can you explain why you believe that it is the Congressional 
approval authority making it difficult for the people of American Samoa 
to amend their constitution when it has not been Congress holding up 
the amendments, but rather the Department of the Interior, at the 
request of American Samoan officials?

    Answer. Congress never delayed or held back approval of the five 
constitutional amendments we submitted to the Secretary of the 
Interior. If my testimony suggested otherwise, I sincerely apologize. 
In fact, the amendments have not been officially submitted to Congress 
by American Samoa or the Department of the Interior in furtherance of 
the purposes of Section 1662a because the Secretary has not completed 
her review or taken action to approve or disapprove any amendment. My 
statement, both orally and written, refers prospectively and reflects 
an honest assessment of American Samoa's unique disadvantage, as 
compared to other jurisdictions, when it comes to our ability to push 
legislation through Congress. This disadvantage is made even worse when 
one considers the language of Section 1662a, which requires 
Congressional approval of our amendments but contains no requirement 
for Congress to even act upon receiving our amendments.

    Question 3. When Section 12 of Public Law 98-213 became law in 
1983, it was enacted because of the fear that the then-Secretary of the 
Interior would act unilaterally in American Samoa. As such, American 
Samoa requested Congress for constitutional amendments to require 
congressional approval.

    3a) Are you concerned about the potential for unilateral decisions 
by the Secretary of the Interior if amendments are no longer required 
to have congressional approval? If not, why?

    Answer. No. Even without Section 1662a, American Samoa has other 
available federal remedies to address any improper unilateral actions 
by the Secretary of the Interior. American Samoa retains a direct line 
to seek intervention by Congress under the Territorial Clause of the 
U.S. Constitution and pursuant to 48 U.S.C. Section 1661(c). American 
Samoa also has the option of seeking intervention by the President 
pursuant to 48 U.S.C. Section 1661(c) and Executive Order 10264. 
Finally, American Samoa may seek judicial intervention if deemed 
necessary to address any improper unilateral action by the Secretary.

    3b) In the event that the Secretary of the Interior does act 
unilaterally, would American Samoa request to reinstate the 
Congressional approval requirement? If not, what mechanism do you 
believe would serve to mediate and resolve the issue?

    Answer. No. Given the remedies available to American Samoa and the 
concerns raised above about Section 1662a, American Samoa would have no 
reason to seek reinstatement of Section 1662a if the Secretary acts 
improperly or unilaterally in the future.
            Questions Submitted by Representative Radewagen

    Question 1. In my statement I noted we stay in close consultation 
with both the Secretary and Congress based on trust and commitment to 
what best for both the people of American Samoa and the American people 
as a whole. Do you agree that it is respectful but also honest to 
recognize that the Secretary, a territorial government or Congress may 
exercise powers in a way that causes questions or concerns, and that 
H.R. 6062 is an example of American Samoa asking Congress to reconsider 
its exercise of powers in the 1983 act, knowing in the end that 
Congress has the power but wanting to work together toward successful 
federal and local law and policy for our territory and our nation?

    Answer. The 1900/1904 Deeds of Cession create a relationship 
between American Samoa and the U.S. that is fundamentally different 
than nationhood, statehood or organized territory status. American 
Samoa is an unincorporated territory with local government not 
organized under federal statute like the other four unincorporated 
territories. Congress never approved an organic act or local 
constitution because Congress delegated its power to organize local 
government to the President in 1929. The President established local 
government under the Department of the Interior in the 1951-1960 
period, and the Secretary approved the current constitution effective 
in 1967.
    In contrast, under federal statute organic acts Congress organized 
local government and authorized each of the other four unincorporated 
territories to adopt local constitutions subject to approval by 
Congress. Even though the constitutions of the other territories are 
authorized and approved by federal statute, those federal laws do not 
require amendments to local constitutions to be approved by Congress. 
Of course, all local constitutions and laws promulgated thereunder must 
be compatible with applicable federal law.
    Within the framework of federal territorial law and policy 
applicable to American Samoa, there will be times when the local 
government, Department of the Interior and Congress will act separately 
or in some combination and create concerns or questions that each will 
address. It is normative for corrections to be made based on joint 
efforts to make federal territorial law and policy more perfect, just 
as we never cease trying to make the U.S. more perfect.
    The current effort being made by ASG, DOI and Congress to determine 
if the 1983 amendment to 48 U.S.C. 1661 and the American Samoa's local 
constitution by 48 U.S.C.1662a should be corrected is based on trust 
and respect for the authorities, initiatives and actions of ASG, 
Interior and Congress.

    Question 2. Is it accurate to say that the 1983 act codified at 48 
U.S.C. 1662a was in effect an amendment to the American Samoa local 
constitution that was enacted without a hearing at which American Samoa 
was afforded an opportunity to be heard, and without any formal 
consultative process of any kind that we know of as we look back at 
what happened?

    Answer. Consistent with 48 U.S.C. 1661 (1929) and Executive Order 
10264 (1951), the 1967 Revised Constitution of American Samoa and laws 
adopted thereunder authorize the local government to propose amendments 
to the local constitution. While it is within the authority of Congress 
to do so, by adding an additional statutory Congressional approval 
process for amendments, in addition to the approval requirements under 
48 U.S.C. 1661, Executive Order 10264, and the 1967 Revised 
Constitution, the effect of 48 U.S.C. 1662a is to directly change the 
amendment process under existing federal and local law. It appears this 
was done in Congress without regular order or the creation of a public 
record before Congress to transparently inform Congress and the public 
then or now as to the purposes and perspectives of all stakeholders in 
the 1983 decision to approve Section 12 of P.L. 98-213.

Additional Background Provided by the American Samoa Government for the 
       Record in Response to the Preceding Questions and Answers:

1. Importance of Congressional action on H.R. 6062:
    Governor Lemanu Palepoi Sialega Mauga, the American Samoa 
Government and our fellow Americans in American Samoa welcome and are 
grateful for Congressional oversight on local constitutional matters, 
as provided in the hearing by the Subcommittee on Indian and Insular 
Affairs on January 18, 2024. We deeply appreciate the care, time and 
attention allocated to consideration of H.R. 6062, and the opportunity 
to address here the important questions addressed to the ASG witness by 
full House Natural Resources Committee Chairman Westerman.
    The responsiveness by HNRC/SIIA to the efforts of ASG to work with 
the Department of the Interior, in order to ensure the results of the 
2022 referendum on local constitutional amendments are duly honored, 
demonstrates the efficacy of confidence and trust we placed in Congress 
to fully and fairly consider H.R. 6062. Without presuming, we hope 
Congress can expedite its consideration of H.R. 6062 and signal its 
intentions with regard thereto before the Secretary must act on this 
matter subject to the 1983 amendment codified at 48 U.S.C. 1662a.
    We believe that H.R. 6062 would restore the successful self-
government model established as authorized by Congress under 48 U.S.C. 
1661, by repealing the disruptive 1983 amendment thereto codified at 48 
U.S.C. 1662a. In that context, the following reply is offered to the 
first of three specific questions directed to the ASG witness by 
Chairman Westerman:
    The American Samoa Government's efforts to achieve timely action 
and approval of amendments ratified by a majority in the 2022 
referendum has not been pursued by one or more ``requests'' to the 
Department of the Interior or Congress. Rather, in our endeavors with 
the Office of the Secretary, our Congresswoman who speaks with us for 
the people, and with the Congress, we are making offers of 
consultation, cooperation and collaboration to define and achieve as a 
shared goal a policy that honors the 2002 vote, albeit in a somewhat 
complex historical, legal and political context.
    Accordingly, on December 14, 2022, the Governor transmitted the 
amendments approved by a majority of voters in the referendum on 
November 8, 2022 to the Secretary of the Interior. On behalf of the 
American Samoa Government and the people of the territory the Governor 
requested approval of these amendments by the Secretary, to enable the 
most-timely local implementation possible for each amendment so 
confirmed. This official and formal request, regarding amendments which 
have been public record before and after the 2022 vote, also was made a 
part of the record before Congress in the Governor's testimony of 
February 9, 2023, before the U.S. Senate Committee on Energy and 
Natural Resources.
    During consultations by the Governor and senior ASG officials with 
the Secretary and senior DOI officials, including ASG and DOI legal 
counsel, it was recognized that potentially unproductive and possibly 
prolonged delay in approval and implementation of amendments could 
occur, due to the requirement of 48 U.S.C. 1662a that amendments 
approved by the people and the Secretary have no effect unless and 
until also enacted by a federal statute.
    In addition, we have been cognizant of testimony by the U.S. 
Department of Justice addressing the legal implications of 48 U.S.C. 
1662a soon after it was enacted. At that time, DOJ expressed concern 
and raised questions about whether Section 12 of P.L. 98-213 (48 U.S.C. 
1662a) would alter the legal effect of 48 U.S.C. 1661 (1929), the 
federal statute that ratified the 1900 and 1904 Deeds of Cession. 48 
U.S.C. 1661 confirmed features of local autonomy created by the Deeds 
of Cession and authorized the President to establish local self-
government under Executive Order 10264 (1951).
    Without questioning the good will with which Congress and the 
President would act in the event 48 U.S.C. 1662a were implemented to 
enact as federal law each of the 2022 amendments approved by the 
Secretary, that requirement creates a unique and unequal burden on 
American Samoa. That burden is not justified by or compatible with the 
unique structure and features of local self-determination established 
for American Samoa under Executive Order 10264, as authorized by 
Congress under 48 U.S.C. 1661.
    Accordingly, after the Governor consulted with American Samoa's 
elected Member of Congress and the elected leadership of the 
Legislature of American Samoa, specifically the President of the Senate 
and Speaker of the House, there was a consultative understanding 
reached by the American Samoa Government with the Office of the 
Secretary that Congress should have the opportunity to consider H.R. 
6062 while the Secretary has the amendments under advisement, before 
application of 48 U.S.C. 1662a is triggered and sets a precedent with 
possible unintended consequences noted above.
    This cooperative forbearance is undertaken as an affirmative step 
to restore self-government instituted under Congressional authorization 
in 48 U.S.C. 1661. That 1929 local territorial government enabling act 
for American Samoa, as implemented under Executive Order 10264 (1951) 
and the current 1967 Revised Constitution of American Samoa, is a 
success story for Congressional oversight, in the only territory that 
does not currently seek a change in its political status.
    Yet, that same success story could be exposed to undue and 
inappropriate political risk if 48 U.S.C. 1662a were to be applied and 
set a regrettable precedent in federal-territorial relations. That risk 
is not to be minimized, since 48 U.S.C. 1662a applies unequally and 
unfairly only to American Samoa, when it arguably better would serve 
U.S. interests nationally and locally if that 1983 provision applies to 
none of America's territories.
    The consultative consensus reached by the American Samoa Government 
and the Office of the Secretary is a federal-territorial relations 
success that has included consultations with and oversight by Congress. 
It also has included creation of a record before Congress based on the 
public record on the 2022 referendum and amendments approved and 
transmitted to the Secretary. This has culminated in the hearing that 
HNRC's Subcommittee on Indian and Insular Affairs conducted on January 
18, 2024.
2. Understanding the 2022-2024 amendment approval process:
    The current joint effort of the American Samoa Government and the 
Office of the Secretary of the Interior is to ensure all necessary and 
appropriate steps to implement in the most-timely way amendments 
approved by majority vote of our fellow Americans in the 2022 
referendum. The import of the Governor's transmittal letter, dated 
December 14, 2022, was that the people of American Samoa had spoken, 
and accordingly the American Samoa Government supported timely action 
by the Secretary to approve all five amendments.
    On February 9, 2023, the Governor testified before the Senate 
Committee on Energy and Natural Resources and reiterated on behalf of 
the American Samoa Government the request for the Secretary of the 
Interior to take all steps ``necessary and appropriate'' in order to 
``bring into effect'' the amendments approved by majority vote of the 
people. Thus, the position of the Governor and the American Samoa 
Government has been clear, and it is that timely action to approve and 
implement the amendments was intended and desired by the people of 
American Samoa and their leaders acting on behalf of the people.
    Similarly, on behalf of the Secretary of the Interior, Assistant 
Secretary Carmen Cantor and her staff consulted with the Governor and 
his staff on the steps required for the Secretary to act on the 
amendments in a timely manner, as authorized by federal and local law 
and policy. In that context, the 2022 referendum results presented the 
first occasion since it was enacted in 1983 that both the American 
Samoa Government and Office of the Secretary were faced by the 
practical administrative tasking and legal dilemma posed by the 
requirement 48 U.S.C. 1662a that Congress act before any amendments 
approved by majority vote of the people and by the Secretary became 
effective and could be implemented.
    Repeal of 48 U.S.C. 1662a had been proposed more than once by 
American Samoa's representatives in Congress during the intervening 
decades since it was adopted in 1983. But in 2023 it was recognized the 
efforts of American Samoa Government to carry out the will of the 
people could be delayed indefinitely--and the vote in effect nullified, 
not by the affirmative exercise of Congressional authority but by 
inability or inopportunity for Congress to act. That outcome could be 
unrelated to any substantive issue, but understandably due to demands 
and priorities in our nation's critical and urgent affairs, leading to 
unwarranted delay or inaction on local territorial internal affairs 
with no defined federal equities or imperatives at play.
    But the flawed predicates of 48 U.S.C. 1662a are not primarily 
procedural, parliamentary or political, but rather implicate 
constitutional powers, statutory law and allocation of democratic 
rights for Americans in the territory. Thus, while it is appropriate 
for Congress to exercise oversight to ensure local law in a territory 
applies only to extent not otherwise governed by federal law, the 
burden on the territory is to ensure compatibility of all local law 
with applicable federal law.
    In contrast, the effect of 48 U.S.C. 1662a is to require that 
amendments to local law embodied in the local constitution must be 
enacted as federal statutory law. Yet, 48 U.S.C. 1662a is not the 
source of and does not increase Congressional constitutional authority 
to enact a federal law approving or disapproving amendments to the 
local constitution. When the Territorial Clause gives Congress plenary 
and supreme powers to which the federal courts have deferred for 125 
years, Congress does not need a statute to permit itself to exercise 
that power.
    Accordingly, repeal of 48 U.S.C. 1662a would not diminish that 
constitutionally conferred power of Congress, and would simply remove 
an impediment and possible barrier to local self-government on local 
matters. That hurdle to local democratic self-determination is posed by 
48 U.S.C. 1662a as a condition subsequent imposed by federal law on the 
promulgation of local law, with no effect other than the presumably 
unintended disruption of local self-government on amendments to the 
local constitution, which are invalid to the extent of any 
inconsistency with federal law.
    As noted in testimony offered as Lieutenant Governor in the role of 
a witness, requiring Congress to act on every change to local law is 
not fair to our fellow Americans in the territory and it is not fair to 
Congress, because both have better uses of their respective 
authorities, time and effort.
3. History of 48 U.S.C. 1661 (1929) and 48 U.S.C. 1662a (1983):
    We are grateful for the opportunity to explain the statement that 
48 U.S.C. 1662a significantly complicates and makes it far more 
difficult to initiate, conduct and complete the local process for 
approving locally developed amendments to the local constitution. There 
are several ways to describe the problems that would arise from 
implementation of Sec. 48 U.S.C. 1662a:

     Congress authorized the President to organize local 
            civilian government in American Samoa in 1929 under 48 
            U.S.C. 1661, on terms confirming a U.S. obligation to 
            recognize local autonomy in local cultural and social 
            affairs to preserve the Samoan way of life.

     The central aspect of the Samoan way of life implicated in 
            the U.S. obligation to protect and preserve local cultural 
            and social autonomy is perpetuation of the landownership 
            system that sustains social cohesion in Samoan society.

     As authorized by Congress in 48 U.S.C. 1661, in 1951 the 
            President issued Executive Order 10264, delegating the 
            authority to organize local civil government under 48 
            U.S.C. 1661 to the Secretary of the Interior.

     The Secretary of the Interior approved the local 
            constitution of American Samoa in 1960, and also approved 
            its amendment in the 1967 Revised Constitution of American 
            Samoa.

     The exercise of the President's power under 48 U.S.C. 1661 
            and delegation of that authority to the Secretary in 1951, 
            as well as all local actions and actions of the American 
            Samoa Government under the local constitution, have been 
            and remain fully subject to Congressional oversight and the 
            Territorial Clause power to ``otherwise provide'' for 
            government of American Samoa as stipulated in 48 U.S.C. 
            1661.

     It was under Congressional oversight that the American 
            Samoa constitution was approved by the Secretary under 
            Executive Order 10264 in 1960, and Congress also had 
            oversight when the revised constitution was approved in 
            1967.

     The people of American Samoa and the American Samoan 
            Government believe that the local constitution should be 
            amended in the same way it was approved.

     That is due to desire in American Samoa to preserve 
            continuity and stability in the unique historical structure 
            of federal-territorial relations under the 1900/1904 Deeds 
            of Cession, 48 U.S.C. 1661, Executive Order 10264 and the 
            1967 Revised Constitution of American Samoa.

     After 54 years of continuity and stability in federal 
            territorial relations under 48 U.S.C. 1661, without 
            effective consultation between Congress, President, 
            Secretary or the American Samoa Government, in 1983 the 
            Congress amended 48 U.S.C. 1661 by enacting 48 U.S.C. 
            1662a.

     48 U.S.C. 1662a amended 48 U.S.C. 1661 by providing that 
            amendments approved by the people and Secretary under 48 
            U.S.C. 1661 and Executive Order 10264 have no legal effect 
            unless approved as a new federal statute by Congress.

     In 1984, a Deputy Assistant Attorney General of the United 
            States testified in a hearing before the Senate Committee 
            on Energy and Natural Resources on the Constitution of 
            American Samoa, including the effect of 48 U.S.C. 1662a on 
            federal-territorial relations.

     In written and oral testimony the Department of Justice 
            witness advised Congress that the Office of Legal Counsel 
            had questions and concerns about whether having Congress 
            approve amendments to the American Samoa Constitution 
            pursuant to 48 U.S.C. 1662a would in effect alter the one-
            of-a-kind system of local self-government and special 
            autonomy established under the Deeds of Cession, 48 U.S.C. 
            1661 and Executive Order 10264.

    The preceding litany of historical, legal and political 
considerations is the context in which the statement can be made that 
48 U.S.C. 1662a makes the constitutional amendment process after 1983 
more difficult than approval of the local constitution by the people 
and Secretary in 1960, or its amendment and revision in same manner in 
1967.
    When the U.S. Congress adopted 48 U.S.C. 1661 in 1929, it expressly 
``accepted,'' ``confirmed and ``ratified'' the 1900 and 1904 Deeds of 
Cession, which served as documents of mutual consent setting forth 
terms for local autonomy under U.S. sovereign rule over the islands.
    While the 1929 ratification statute recognized the authority of the 
U.S. Congress to ``otherwise provide'' terms for conducting federal-
territorial relations, Congress generally has recognized an obligation 
and commitment to local autonomy in local cultural and social affairs, 
as agreed and promised in the Deeds of Cession.
    Accordingly, 48 U.S.C. 1661 mandates that ``. . . all civil, 
judicial, and military powers shall be vested in such person or persons 
and shall be exercised in such manner as the President of the United 
States shall direct . . .''
    48 U.S.C. 1661 also provided that, ``The existing laws of the 
United States relative to public lands shall not apply to such lands in 
the said islands of Eastern Samoa; but the Congress of the United 
States shall enact special laws for their management and disposition.''
    While the Department of the Interior has institutionalized the 
political status and federal-territorial relations under 48 U.S.C. 
1661, neither the ASG nor DOI has institutionalized 48 U.S.C. 1662a. 
There is a high level of uncertainty about whether the 1984 DOJ 
testimony warning of possible unintended consequences following 
``federalization'' of matters that have been managed as local and 
internal for 125 years.
    Those DOJ concerns in 1984 could become self-fulfilling prophecy 
should Congress not now institutionalize in 2024 that 125-year legacy 
of special autonomy. The best way to do that is to repeal 48 U.S.C. 
1662a.
    Approval of local amendments by Congress will convert these local 
amendments to a local constitution established under authority of the 
Deeds of Cession, 48 U.S.C. 1661, Executive Order 10264 and the 1967 
local constitution into a federal statute. DOJ expressed concern that 
Congressional approval of amendments could convert the entire local 
constitution into a federal statutory organic act and end the federal 
territorial relationship defined by the Deeds of Cession, 48 U.S.C. 
1661, Executive Order 102764 and the 1967 Revised Constitution.
    Please be assured, then, that no one representing the American 
Samoa Government would suggest that Congress, the Department of the 
Interior or ASG has been ``holding up the amendments.'' Rather, we 
appreciate the contributions that officials at DOI and both members and 
staff in Congress have made to seeking and finding an approach to 
action on and approval of the amendments approved by the voters that 
redeems the promise of the Deed of Cession without unintended 
consequences.
    We hope the record created at the hearing on January 18 will 
clarify the questions and issues that have been raised so that we can 
work together find solutions that best serve Americans in the territory 
and across our nation.
4. Flawed statute does not define Congressional power or territorial 
        policy:
    The limited formal record before Congress regarding the actual 
intent of Congress in allowing the 1983 amendment codified at 48 U.S.C. 
1662a to be included in P.L. 98-213 makes it hard to confirm the 
motives and reasons for that provision. Indeed, without any record 
before Congress to confirm its purpose, 48 U.S.C. 1662a actually 
constitutes an amendment to the 1929 authorization by Congress codified 
at 48 U.S.C. 1661, under which local self-government measures for 
American Samoa have been established and progressively democratized.
    In addition, the flawed 1983 statute lacks precision and utility. 
For example, it does not provide procedures for the Secretary to make 
transmittal of amendments approved under Executive Order 10264 to 
Congress, but rather mandates only that any such approved amendments 
have no effect unless again approved by Congress. Additionally, there 
are no limitations on the period within which ASG, DOI or Congress 
should act to implement the requirement of Congressional approval.
    Those tertiary procedural omissions aside, more fundamental issues 
of considerable consequence arise from the anomalies in the 1983 
amendment statute.
    First, it is ironic that in the case of amendments approved by the 
people in an act of self-determination 48 U.S.C. 1662a does not protect 
the people of American Samoa from ``unilateral'' action by the 
Secretary. That is true of actions under Executive Order 10264 
disapproving amendments approved by the voters, which might be deemed 
to be against the interests of the people in that territory.
    Instead, all 48 U.S.C. 1662a does is require Congress to review 
amendments voted on favorably by a majority of the people that have 
been approved by the Secretary. 48 U.S.C. does not apply to 
``unilateral'' actions of the Secretary disapproving amendments 
approved by a majority of the people in a referendum lawfully conducted 
under local law.
    If Congress allows itself to be misled to believe its power to 
review actions of the Secretary on amendments derives from 48 U.S.C. 
1662a, then that means Congress is precluded from reviewing unilateral 
actions of the Secretary when the people presumably need it most. That 
is, not when a democratically approved amendment is approved by the 
Secretary, but when the Secretary nullifies an amendment approved by a 
democratic majority.
    Of course, this is a false narrative, because 48 U.S.C. 1662a is 
not the source of the power of Congress to ``otherwise provide'' for 
federal law and policy in American Samoa. Instead, the 48 U.S.C. 1661 
framework as implemented under Executive Order 10264 motivates ASG and 
DOI to resolve differences and address issues the Samoan way, as much 
or more than the Washington way.
    The pragmatic predicate of Secretarial Order 10264 is that dealing 
with the President's surrogates in the Office of the Secretary and 
convincing one or two decision senior decision makers on an agreed 
action by consensus requires far less effort than convincing 535 
members of Congress to act on matters of local self-government.
    But it remains true that if the Secretary and American Samoa can't 
resolve a problem, routine Congressional oversight has to be augmented 
and potentially legislation will be required to solve the problem.
    That kind of special Congressional oversight is intended and 
expected under 48 U.S.C. 1661, and Executive Order 10264. Those 
instruments of delegated authority create no zone of executive power or 
privilege outside the reach of Congressional authority to ``otherwise 
provide'' for governance of the territory under 48 U.S.C. 1661 and, of 
course, the Territorial Clause.

                                 ______
                                 

    Ms. Hageman. I thank the witness for their testimony. The 
Chair now recognizes Delegate Jennings for 5 minutes.

  STATEMENT OF THE HON. ALEXANDER ELI JENNINGS, SWAINS ISLAND 
 DELEGATE, AMERICAN SAMOA HOUSE OF REPRESENTATIVES, PAGO PAGO, 
                         AMERICAN SAMOA

    Mr. Jennings. Good morning, Madam Chair and distinguished 
members of the Subcommittee this morning. Again, I also want to 
submit my verbal testimony this morning, together with the 
written statement that was already given to the Committee 
earlier.
    My name is Su'a Alexander Eli Jennings. I am the Swains 
Island delegate to the American Samoa House of Representatives, 
the only non-voting member of the legislature of American Samoa 
for over 63 years.
    In the 2022 Constitutional Convention of American Samoa, 
after a very difficult and uphill battle, Swains Island was 
able to submit on the last minute on the last day an amendment 
to seek the right to vote in the legislature of American Samoa. 
When the distinguished delegates of this convention heard for 
the first time that there was absolutely no reason why the 
Swains Island delegate wasn't given the right to vote, this 
amendment was passed by an overwhelming majority of 73 to 43. 
And when the people of American Samoa heard for the first time 
the contributions of Swains Island to the territory, this 
amendment was passed for the first time by a majority of the 
people of American Samoa.
    I am also a fifth-generation descendant of a U.S. citizen, 
Eli Hutchinson Jennings from Southampton, Long Island, New 
York, the owner of Swains Island. In 1800, he and his wife, 
Malia, the daughter of a prominent chief from Lefaga, started a 
plantation on Swains Island in the 1840s. By the 1900s, Swains 
Island was extremely prosperous with the copra trade.
    At that same time, the Americans, the Germans, and the 
British were dividing up the Samoan Islands. In 1900, the 
United States signed a Deed of Cession with the leaders of 
Tutuila, and in 1904, the United States signed the Deed of 
Cession with the Kingdom of Manu'a. And if you read the history 
of American Samoa, everything stopped for American Samoa for 
the next 25 years. During that time, the Navy requested that 
the Swains Island, who was already a territory of the United 
States from 1856 under the Guano Act, to be brought in and made 
a part of American Samoa.
    Because of all the resources American Samoa had, the 
greatest resource to the United States was the largest natural 
harbor in the Pacific, which is why they wanted it. Other than 
that, they needed help with this very fragile economy. By an 
Act of Congress, House Joint Resolution 294 passed on March 4, 
1925. Swains was finally brought in and made a part of American 
Samoa.
    Then, later on, 4 years later in 1929, and under the 
Ratification Act, Congress approved the two Deeds of Cession 
between Manu'a and Tutuila and the United States. And now we 
have the territory of the United States.
    And I am also a second generation of Tokelau descent when 
my grandfather married a very prominent figure, his wife from a 
prominent Pedro family of the Tokelau Islands. After I was 
born, my parents divorced, and my grandmother took me to Swains 
Island and raised me there with my brother. It was there that I 
developed a strong passion for my Tokelau side. And in 2005, 
when I assumed the duties of the Delegate of Swains Island 18 
years ago, I was also installed as the traditional leader for 
the Swains Island Tokelau community in American Samoa, which, 
by the way, is the least recognized community in all of 
American Samoa. Besides presiding over traditional ceremonial 
events, I helped this community.
    Finally, Madam Chairwoman, I am again also a fifth 
generation of Samoan descent from my great-great-grandmother, 
Malia Su'a Jennings, the daughter of a prominent chief from 
Lefaga, Samoa. In 2008, I was asked on her behalf to take the 
High Chief title under the Samoan tradition, Su'a, from Lefaga.
    So, I come before you this morning as a non-voting delegate 
of Swains Island, as the traditional leader for the Swains 
Island community, and as a traditional high chief under the 
Samoan culture.
    And Madam Chairwoman, distinguished members of this 
Committee, I would like to start off by saying I am not here 
deliberately to go against our distinguished Congresswoman, the 
Honorable Aumua Amata Radewagen. She has been an amazing 
delegate for American Samoa. I am not here this morning to 
deliberately defy the authority of Madam Secretary Deb Haaland 
or the Department of the Interior, especially not here to go 
against the Honorable Governor Lemanu Mauga, our Governor of 
American Samoa, and the Honorable Lieutenant Governor here this 
morning. I am only here for one reason, and one reason only, 
and that is to fulfill my obligation under my sworn oath to 
defend the Constitution of American Samoa and the rights of 
every American Samoan Native, which includes lineal descendants 
of Tutuila, Manu'a, and Swains Island.
    All I am asking is that we need assurance that we can 
verify that the rights of every American Samoan Native is 
protected and respected by the Department of the Interior. The 
only way we can do that is to reject H.R. 6062, or amend H.R. 
6062 to include ``including Swains Island.''
    What really got me about this, Madam Chairwoman, is when I 
start noticing these grants. Every grant that I have read says 
American Samoa and Swains Island. I thought they were the same 
thing. Madam Chairwoman, there are two separate territories of 
the United States: Swains Island in 1925 and American Samoa in 
1900. Unfortunately, by our discovery, it appears that the 
Department of the Interior is not under any mandate to 
recognize Swains Island, which may possibly explain why we have 
gone 63 years without a vote in the legislature.
    I am just here, Madam Chairwoman, to ask that we please 
recognize the rights of every American Samoan Native and to 
include Swains Island in the mandate that DOI has to comply 
with in overseeing American Samoa.
    I have the outline of my written testimony and I would 
refer that to my written statement. That is all I would like to 
say this morning, and that is the only reason why I am here.
    But otherwise, I thank you very much for this time.

    [The prepared statement of Mr. Jennings follows:]
   Prepared Statement of Su'a Alexander Eli Jennings, Swains Island 
 Delegate, 38th Legislature of American Samoa, House of Representatives
                              on H.R. 6062

    Honorable Subcommittee, since 1983, the procedure for amending the 
American Samoa Constitution has been (1) approval by the people, (2) 
approval by the Secretary of the Interior, and (3) approval by 
Congress. At that point amendments become part of the American Samoa 
Constitution.
    H.R. 6062 seeks to take Congress out of the picture, leaving sole 
authority to approve changes to our Constitution with the Secretary of 
the Interior by repealing 48 U.S.C. Sec. 1662a.
    In November 2022, the people of American Samoa approved 5 of 11 
proposed amendments to the American Samoa Constitution. As the Swains 
Island Delegate to the Fono for the past 18 years, I would like to 
extend my sincere appreciation and gratitude to all of those who voted 
in favor of the Swains Island Amendment giving the Swains Island 
Delegate the ability to vote in the Fono for the first time. I would 
also like to extend my appreciation and gratitude for the approval of 
the ``Swains Island Amendment'' as the Traditional Leader of the Swains 
Community in Tutuila for the past 18 years. The Swains Community in 
Tutuila consists mostly of Americans of Tokelauan descent, which are 
the least recognized American Samoan Natives in the Territory.
    The Hon. Governor Lemanu P.S. Mauga sent the approved amendments to 
the Secretary of the Interior in December 2022. Under the Constitution, 
the Secretary of the Interior (also referred to herein as ``DOI'') is 
required to approve or disapprove amendments within four months after 
which Congress makes the final decision. To date, DOI has taken no 
action.
    In October 2023, eleven months after the 2022 referendum, without 
DOI approval and without having introduced any of the 5 approved 
amendments to Congress, Congresswoman Amata introduced H.R. 6062, 
seeking to remove Congress from the amendment process. I am opposed to 
this change for one reason: DOI has not treated Swains Island as an 
equal part of American Samoa since they assumed administration of this 
Territory in 1951 and H.R. 6062 lacks assurances from DOI that things 
will change in the future.
    Without verifiable guarantees that all American Samoan Natives, 
including descendants of U.S. citizens and nationals of Swains Island 
shall be protected from the forced alienation of their lands, and all 
rights under the American Samoa Constitution, there is no reason to 
support this bill. While DOI claims to support the protection from 
alienation of family lands in American Samoa, history paints a 
different picture for Swains.
Swains Depopulation

    Swains Island's status as an American possession predates that of 
the rest of American Samoa. Swains Island was bonded to the United 
States in 1856 through the Guano Islands Act. 48 U.S.C. ch. 8 
Sec. Sec. 1411-1419. The Jennings family, who descend from Eli Jennings 
of Southampton, NY, has been in continuous ownership of Swains Island 
from the 1850s to the present. I am a lineal descendant of the original 
owner of Swains Island, Eli Jennings, one of Swains' current owners, 
and currently serve as the Swains Island Delegate in the American Samoa 
Legislature, or Fono.
    United States sovereignty over Swains Island was recognized by 
Congress in 1925 when it was made a part of American Samoa. 48 U.S.C. 
Sec. 1662. The Islands of Eastern Samoa, meaning all islands of 
American Samoa other than Swains Island, were recognized by Congress as 
part of the United States in 1929, four years after Swains. 48 U.S.C. 
Sec. 1661.
    During American Samoa's Naval administration (1900-1951), Swains 
Island enjoyed unprecedented prosperity and a growing population 
exporting copra for the production of coconut oil, which was also an 
essential part of the very fragile economy of the new Territory of 
American Samoa and provided jobs, tax revenues, and the opportunity for 
Tutuila and Manu'a to combine their copra harvests with that from 
Swains Island for export.
    However, the 1951 transfer of American Samoa's civil administration 
from the U.S. Navy to DOI marked the beginning of a slow decline. The 
lack of services provided to Swains Island, e.g., transportation, 
communications, fresh water, electricity, and basic infrastructure made 
the island uninhabitable, resulting in the ultimate depopulation of the 
island by 2013 and the internal displacement of Swains Islanders into 
other parts of American Samoa and the rest of the United States.

    When Swains Islanders were finally forced to abandon Swains Island 
in 2013, they left behind several pristine natural resources, many of 
which could help reduce American Samoa's dependency on the federal 
government, including:

     Hundreds of acres of coconut trees grown with no chemicals 
            or pesticides making them suitable for Organic Virgin 
            Coconut Oil

     Hundreds of acres of monster coconut crabs (birgus latro), 
            some weighing up to 9 lbs. and measuring 3 feet in width 
            which are a delicacy for local and world markets. The 
            population of coconut crab, a vulnerable species, has 
            steadily developed and increased since the last export of 
            copra in 1966.

     Hundreds of old coconut trees at the maturity level for 
            use as coconut wood for building homes and furniture.

     A National Marine Sanctuary protecting pristine marine 
            resources for dive tours and sports fishing.

     A favorite destination for Science Research, Film 
            Production, and Amateur Radio Operation.

     Excellent destination for corporate retreats and special 
            guests.

    Swains Island is truly one of the last jewels of the planet.\1\ 
However, the Swains Island Delegate lacking a vote in the Legislature 
results in Swains Islanders throughout American Samoa being in a 
``taxation without representation'' governance scheme. Despite the 
existence of such extensive natural resources, Swains Island today 
remains uninhabited, visited sporadically only when transportation 
becomes available. Without a vote in the Legislature, the Swains Island 
Delegate has had little opportunity to advocate for the Island's 
interest for the past 63 years under DOI's watch.
---------------------------------------------------------------------------
    \1\ See Swains Island: One of the Last Jewels of the Planet (Ocean 
Futures Society, 2014), https://www.imdb.com/title/tt5352610/.
---------------------------------------------------------------------------
    The threat of depopulation is not limited to Swains. As recognized 
by Gov. Lemanu P.S. Mauga in his 2024 State of the Territory address, 
Manu'a may follow the same demise as Swains because of the lack of 
government services for the people living there; our Governor shedding 
tears seeing people at Faleasao on Ta'u island having to swim out to 
bring their cargo to shore when the boat was unable to enter the 
harbor.
    In 2024, Swains Islanders can only travel to their home--over 200 
miles away from Tutuila--if they personally charter private 
transportation, while other islands in American Samoa are given 
regularly scheduled, federally subsidized transportation. To put it 
bluntly, Swains has been on the receiving end of neglect and 
abandonment under the unmindful hand of DOI from 1951-the present and 
DOI has failed to address any of my concerns for decades.
The Department of the Interior's Role in American Samoa

    DOI's authority in American Samoa is not well understood by many in 
American Samoa and sadly, many in DOI. On paper, the entire 
governmental structure in American Samoa operates under the authority 
of the Secretary of the Interior. And while in practice, DOI has taken 
an increasingly ``hands-off'' approach to American Samoa during 63-year 
relationship, under the law, the Secretary of the Interior can still 
unilaterally overturn decisions of the judiciary and the executive and 
legislative branches. It is irrelevant that this does not take place 
often, if at all. As stated by U.S. Territorial scholar Arnold 
Leibowitz ``the very fact that the Secretary of the Interior exists as 
an ombudsman, to put it kindly, or as a benevolent dictator--to put it 
less generously--depreciates all Samoan government institutions and 
makes the Samoan Constitution adopted in 1960 a giant deceit.'' 
Leibowitz, Arnold, Defining Status: A Comprehensive Analysis of U.S. 
Territorial Policy, Martinus Nijhoff Publishers, The Hague (1989) at 
420.
    DOI and the American Samoa Government often says things about 
Swains Island such as ``nobody lives there,'' or ``it's private land'' 
whenever a valid concern is raised about Swains' treatment. Addressing 
the claim of ``nobody lives on Swains'' first, Swains was permanently 
inhabited for over 150 years and it was the very policies of DOI and 
ASG that caused the ultimate depopulation of Swains in 2013. Imagine 
the DOI claiming A'asu or Aoloau Tuai villages don't deserve 
recognition because ``nobody lives there.'' Secondly, to the 
``privately-owned island'' claim, 90% of all land in American Samoa is 
privately-owned family land: under the fa'asamoa for Tutuila and 
Manu'a, and descendants of U.S. Citizens for Swains Island. Those who 
point out that Swains is private land are probably unaware that private 
landownership is what made Swains such an ideal community for Congress 
to partner with American Samoa 99 years ago.
    When Swains Island became part of American Samoa in 1925 and joined 
Tutuila, Aunu'u and the islands of the former Kingdom of Manu'atele, it 
marked the merging of three cultures and peoples under one flag which 
has remained to this day; this is the American Samoa of our times. 
Unique among the territories, the United States' contribution of Swains 
to American Samoa extended the protections against alienation of 
communal land under the fa'asamoa to Swains Island while explicitly 
stating Swains ``is not under the matai system.'' The private ownership 
of Swains made it a perfect fit with American Samoa.
    The initial differences between Swains and American Samoa have 
faded over time. Despite many Swains Islanders being descendants of 
U.S. Citizens, in 1952, U.S. Citizens by descent born on Swains Island 
became non-citizen nationals with the passage of the Immigration and 
Nationality Act of 1952, thus bringing Swains Islanders into the same 
U.S. National category as the rest of American Samoa.

    The 1960 and 1967 Constitutions ratified under DOI's sole authority 
gave voting power to all representatives and senators in the Fono 
except the Swains Island Delegate, thereby separating Swains Island 
from the rest of the American Samoan Islands for the first time. See 
Rev. Const. Am. Samoa Art. II, Sec. 2:

        The adult permanent residents of Swains Island who are United 
        States nationals may elect at an open meeting a delegate to the 
        House of Representatives who shall have all the privileges of a 
        member of the House except the right to vote. (Emphasis added).

    I have a simple question about the Swains Delegate's non-voting 
status: why? That one-word question has gone unanswered by ASG and DOI 
for the past 63 years. The closest thing to an answer I have received 
from DOI or ASG is ``talk to a lawyer.''
    Swains Island receives little to no money from the federal 
government. In 2021, out of $1.4 Billion in COVID related CARES Act and 
American Rescue Plan Act Funds allocated to American Samoa, Swains 
Island was only eligible to receive $3,400.00 (three thousand four 
hundred dollars). My concerns about the inequalities in funding around 
2020-21 were expressed in a November 30, 2021 letter to the DOI Deputy 
Assistant Secretary of Insular and International Affairs, Keone Nakoa. 
See Attachment 1. After no response from DOI for seven months, I wrote 
to the Secretary of the Interior, Deb Haaland on June 7, 2022. See 
Attachment 2.
    Without a response to my various concerns about the past, present, 
and future inequities facing Swains Island, I was able to arrange a 
meeting with Deputy Assistant Secretary Nakoa and DOI Field Rep. for 
American Samoa, Lydia F. Nomura in the Tradewinds Hotel lobby In Tafuna 
village, American Samoa on November 7, 2022. It was at this point I was 
informed that DOI is not going to fight my battles for me and that I 
should talk to a lawyer.
    The Constitution of American Samoa clearly provides ``American 
Samoans,'' meaning lineal descendants of Tutuila, Manu'a, and Swains 
Island have the basic fundamental right to protection from the 
alienation of their lands. Every time the American Samoa Government has 
issues with the Federal Government, they cite the right to the 
protection from the alienation of land and culture. Unfortunately, that 
same reasoning has not worked within American Samoa for Swains Island. 
Not having a vote in the local legislature means the Swains Island 
Delegate cannot effectuate the protection of this right, which led to 
the complete evacuation of its people.
2022 Referendum and H.R. 6062

    In November 2022 a constitutional referendum a majority of American 
Samoans voted to give the Swains Island Delegate the right to vote in 
the Fono. The amendments were submitted by the Governor to the 
Secretary of the Interior in December 2022. Under DOI's 1967 Revised 
Constitution of American Samoa, once a majority of voters pass a 
constitutional amendment, the Governor submits the proposed amendment 
to the Secretary of the Interior, who shall give ``formal approval or 
disapproval within 4 months after its receipt.'' It has been over one 
year since the voters passed the amendments and over one year since the 
amendments were forwarded to the DOI Secretary. DOI has taken no action 
nor provided justification why.
    In October 2023, the American Samoa Senate passed Fono Senate 
Resolution 38-28 introduced by Sen. Togiola Tulafono urging the 
Governor ``to pursue Congress with urgency and petition the approval of 
our constitutional amendments.'' \2\ The American Samoa Senate, the 
upper house of the Fono (Legislature) is unique among all state and 
territories in that it is the only body not elected by popular vote, 
but rather, selected among chiefly matai title holders through 
traditional means according to the traditions of each district of 
American Samoa. The decisions of the American Samoa Senate are the 
cultural barometer for policy in American Samoa. I am not standing in 
opposition to H.R. 6062 alone, in addition to my concerns about H.R. 
6062's impact on Swains Island, I am taking the same position as that 
of the traditional leaders of Tutuila and Manu'a in the American Samoa 
Senate. The people have spoken through the passage of these 5 
amendments. Yet, DOI has still taken no action. Why are these 
amendments being held up?
---------------------------------------------------------------------------
    \2\ See Senate Approves Legislation regarding Constitutional 
Amendments, Talanei News Now (American Samoa), October 3, 2023, 
available at https://www.talanei.com/2023/10/03/senate-approves-
resolution-regarding-constitutional-amendments/
council%20paper%20on%20self-determination, last accessed January 14, 
2024.

    In the 2022 referendum we rejected amendments 1-3 that sought to 
diminish the oversight role of the Secretary of the Interior in 
---------------------------------------------------------------------------
American Samoa by:

  1.  Transferring the power to appoint the Chief and Associate 
            Justices of the High Court from the DOI Secretary to the 
            Governor, Defeated: 66% No-34% Yes (defeated by the largest 
            margin of any amendments;);

  2.  Removing the power of the Secretary of the Interior to change 
            decisions of the High Court, Defeated: 60% No-40% Yes;

  3.  Removing the Secretary of the Interior's power to change the 
            Fono's override of the Governor's veto, Defeated: 61% No-
            39% Yes.

    These all failed.\3\ At least we were given an opportunity to vote 
on the Secretary of the Interior's oversight role. Where was the vote 
on Congress's oversight role?
---------------------------------------------------------------------------
    \3\ See Results of 2022 American Samoa Constitutional Referendum. 
Source Ballotpedia.com, available at https://ballotpedia.org/
American_Samoa_2022_ballot_measures, last accessed Jan. 14, 2024.

    I have been told that H.R. 6062 didn't exist in 2022, and that it 
deals only with federal law, and that's why it wasn't included in the 
Constitutional Convention (the ``ConCon'') or the referendum. But 
amendments 1-3 we voted down deal with federal law also. The Secretary 
of the Interior gets her powers from Congress and the President. 
American Samoa cannot supplant powers of federal officials granted by 
federal law. We tried anyway.
    At the ConCon, Congresswoman Amata said ``We have the option of 
asking Congress to repeal the law and revert to the previous 
arrangement of approval by the Secretary of Interior, amending the law 
just to prohibit unilateral changes by the federal government, or leave 
the law as it is. This body may want to recommend a course of action in 
its transmittal to the Governor. As your representative in Congress, I 
will be guided by your wishes and introduce any changes needed in the 
laws.'' \4\ Congresswoman Amata was talking about H.R. 6062 before it 
was introduced. Everyone at the ConCon heard her speech and the 
Congresswoman even went as far to make a press release about it.\5\
---------------------------------------------------------------------------
    \4\ See Amata's Remarks at 2022 ConCon (link available at https://
radewagen.house.gov/media-center/press-releases/amata-speaks-self-
government-and-self-determination-concon-decries, last accessed, 
December 30, 2023).
    \5\ See Amata Speaks of Self-Government and Self-Determination at 
ConCon; Decries Threat from Outside Special Interests, screenshot of 
press release by Congresswoman Amata, September 22, 2022, (available at 
https://radewagen.house.gov/media-center/press-releases/amata-speaks-
self-government-and-self-determination-concon-decries, last accessed, 
December 30, 2023).
---------------------------------------------------------------------------
    The ConCon never introduced a resolution to change Congressional 
involvement in the process. To me, that appears to be (in Congresswoman 
Amata's words) asking Congress to ``leave the law as it is.'' \6\ 
Nonetheless, on October 25, 2023, Congresswoman Amata introduced H.R. 
6062, which seeks to remove Congress from the approval process. Again, 
why was such an important change never included in the ConCon or the 
referendum?
---------------------------------------------------------------------------
    \6\ See supra n. 4 at 4
---------------------------------------------------------------------------
    For simply asking these questions locally and to Congress, I have 
created enemies. Directly due to my opposition of H.R. 6062, I have 
been publicly threatened physically \7\ and verbally threatened that if 
I don't change my position on this bill, the Swains Island Amendment 
will possibly not be implemented for five years or more. These threats 
are not coming from members of the public, they're coming from senior 
level members of the legislative and executive branches. On the 
contrary, I have also been told if I support this legislation, I could 
have the vote by the end of the year by some of the same people. This 
does not seem right to me.
---------------------------------------------------------------------------
    \7\ See Spar of Words Turns Physical After House Session, Talanei 
News Now (American Samoa), Jan. 10, 2024, available at https://
www.talanei.com/2024/01/10/spar-of-words-turns-physical-after-house-
session/, last accessed January 15, 2024.
---------------------------------------------------------------------------
    I have been told DOI does not review constitutional amendments. I 
have been told they do not review local legislation. I have been told 
there may have been conflicts with the federal constitution in the 
amendments that came out of the 2022 ConCon. I have been told these 
things by ranking officials at the DOI Office of Insular Affairs.
National Security Concerns

    Swains' recent thrust into the center of constitutional 
deliberations in American Samoa has caused the amount of online 
misinformation about its history to increase. Swains and the 
neighboring New Zealand dependency of Tokelau share a rich history, 
which was recognized and celebrated since the marriage of the 3rd 
generation Jennings, Alexander Eli Jennings I, to his wife of the 
prominent Pedro family in Tokelau, Margaret Pedro. However, Tokelau has 
since made historic claims to ownership of Swains Island, recently 
given the name Olohega in the Tokelauan language. The 1980 Treaty of 
Tokehega between New Zealand and the United States delineating the 
maritime boundary between American Samoa and Tokelau increased the 
United States' exclusive economic zone (EEZ) in the South Pacific by 
roughly 100,000 square miles that has continued to feed the canneries 
of American Samoa for 70 years; Swains Island being geographically 
responsible for the extension, once again signifying that Swains Island 
has been a major economic asset to American Samoa since its inclusion 
nearly 100 years ago. First with the coconut farm and up to the present 
day with the EEZ.
    While New Zealand confirmed U.S. sovereignty over Swains with the 
Treaty of Tokehega the government and people of Tokelau continue to 
question the validity of the United States' sovereignty over Swains 
Island.
    In 2006, Tokelau held an independence referendum which failed to 
reach the required 2/3 majority by a mere 38 votes. One year later in 
2007, Tokelau's independence referendum failed by just 16 votes. In 
2008 Swains sought to add another layer of federal protection over the 
Island by establishing it as part of the National Marine Sanctuary 
prior to its people being forced to abandon the Island completely in 
2013. In 2022, the General Fono (Legislature) of Tokelau issued a paper 
entitled Conversation of the Question of Tokelau's Path Toward Self 
Determination (the ``2022 General Fono Paper''). See Attachment 3.
    In the 2022 General Fono Paper, the Tokelau Government stated 
publicly that they plan to ``Develop a Strategy for Olohega [Swains 
Island]'' by 2025/26. It is no secret that Swains Island is in the 
forefront of Tokelau's minds when deliberating their potential 
independence from New Zealand.
    American Samoa is the only U.S. Territory in the Southern 
Hemisphere. Swains is the most remote part of American Samoa over 200 
miles to the north. Its position on the border with a potentially new 
sovereign country who challenges the very legitimacy of American 
sovereignty over Swains Island and its surrounding waters represents a 
significant threat to national security. DOI's history of indifference 
to the rights and affairs of Swains Island jeopardizes not just the 
security of Swains, but the integrity of the United States' 
international borders.
Conclusion

    As a veteran of the U.S. Navy and as a member of the Fono, I took 
an oath to defend the Constitution of the United States and the 
Constitution of American Samoa. And I am grateful the voters approved 
the Swains Island Amendment and want it to be implemented as soon as 
possible. But is H.R. 6062 necessary to implement the amendments we 
approved? If there is an issue with the amendments, bring it to light 
so the people of American Samoa can agree on a way to fix it. 
Unfortunately, I do not believe we have been given enough information 
about H.R. 6062.
    I have tried for decades to resolve the issues with Swains Island 
at the local level and with DOI with no success. No one wants to talk 
about Swains Island. It was only with the introduction of H.R. 6062 
that I had a chance to tell the story of Swains Island and 
surprisingly, several Members of Congress were interested, resulting in 
my invitation to Congress this Thursday. This is not about politics. If 
DOI can somehow ensure Swains Island is treated fairly with Tutuila and 
Manu'a when it comes to protections from alienation of land, and all 
rights under the American Samoa Constitution, then I have no problem 
supporting H.R. 6062. But if H.R. 6062 can't ensure equal treatment for 
all American Samoan Natives, whether your family is from Tutuila, 
Manu'a, or Swains, then I see no point in supporting it.

                                 *****

                 Swains Island by drone, November 2023
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]


                            ATTACHMENT 1

 Letter from Su'a Alexander Eli Jennings to Deputy Secretary of Insular

    and International Affairs, Keone Nakoa, U.S. Department of the 
                               Interior,

                           November 30, 2021

                   37th LEGISLATURE OF AMERICAN SAMOA

                        HOUSE OF REPRESENTATIVES

                                              November 30, 2021    

Hon. Keone Nakoa
Deputy Assistant Secretary for Insular and International Affairs
U.S. Department of the Interior
1849 C Street, NW
Washington, DC 20240

Re: Request for Assistance to the Office of Insular Affairs

    Aloha Honorable Keone Nakoa,

    I would like to extend my heartfelt congratulations on your recent 
appointment as the Deputy Assistant Secretary for Insular and 
International Affairs. My name is Su'a Alexander Eli Jennings; I am the 
current serving Swains Island Delegate to the American Samoa House of 
Representatives--the only non-voting member of this legislative body. 
In my capacity as a Community Leader, I also have the monumental task 
and grave responsibility for preserving and perpetuating our unique 
Swains Island cultural history, traditions, and economic livelihood. I 
am writing this letter to you to seek your assistance in mitigating the 
dire struggles we face as a people.
    For background information, here is a brief history of Swains 
Island. Eli Jennings (an American from Long Island, NY) acquired Swains 
Island in 1856; the United States first established a claim of 
sovereignty about 1860 under the Guano Act of 1856. In a report to 
Congress in 1924, the Secretary of State indicated that the U.S. 
Government had ``. . . the responsibility either of extending its 
sovereignty over Swains Island and assuming the obligations which such 
a course would necessarily entail, or of disclaiming the exercise of 
any control or jurisdiction over the island . . .'' The following year 
Swains Island was officially annexed by the United States through an 
act of Congress and was placed under the jurisdiction of the government 
established in American Samoa by the United States (administered by the 
Commanding Officer of Naval Station Tutuila until 1951, when it was 
transferred to the U.S. Department of Interior).
    While American Samoa has benefited from its relationship to the 
United States, Swains Island has not . Though we are United States 
nationals, we have no significant voice in the government of American 
Samoa (where I am a non voting delegate to the Legislature) or of the 
United States. Swains Island continues to be a vital economic asset to 
American Samoa and the United States, adding some one hundred thousand 
square miles of ocean to the Exclusive Economic Zone (EEZ). But the 
Swains Island community has been forced to relocate elsewhere due to 
the complete lack of economic support from the governments of American 
Samoa and the United States.
    Now Swains Island has been notified that out of the $1.4 billion 
anticipated for American Samoa through the CARES and ARPA fundings, 
Swains Island is only eligible for $3,400 (Three Thousand Four Hundred 
Dollars). This is like the on-going practice of allocating only 
$50,000.00 (Fifty Thousand Dollars) yearly to Swains Island out of an 
annual ASG budget of over $400 Million Dollars. It was further 
explained that the distribution of ARPA funding was set by the Federal 
Government and based on population.
    On July 28, 2021, I wrote the American Samoa Leadership, explaining 
why Swains Island was forced to evacuate it s residents, and our 
desperate need for Infrastructure Development and employment 
opportunities. To my disappointment, I have received no response. In 
subsequent discussions with the OIA Field Representative it was 
revealed that Swains Island is set to receive $3 million. However, the 
ASG government responded that they are not aware of any such funding 
for Swains Island. In a recent public meeting (on November 9, 2021) for 
ports, airports, and transportation projects, it was confirmed again 
that Swains is not included under any of these projects, where millions 
of dollars are allocated to Tutuila, Manu' a, and Aunu'u. Even under 
non-specified areas where flexible justifications are acceptable for 
additional millions of dollars to Tutuila, Manu'a, and Aunu'u, Swains 
Island does not qualify for assistance.
    The purpose of my letter is to bring to your attention the 
inequities, injustices and neglect that have seen the systematic demise 
of our Swains Island Community. We are a United States Territory by 
annexation, not by a Deed of Session. In our view the governments of 
the United States and of American Samoa have failed to assume the 
obligations which that annexation necessarily entails. The unfair 
treatment under the CARES Act and ARPA is the most recent and most 
egregious example of this failure.

    Therefore, as the Agency with oversight over American Samoa and 
Swains Island, and as stated in my original letter to the ASG 
Leadership dated July 28, 2021, I humbly submit to you the following 
request:

     Funding for Swains Island: I respectfully request 
            assistance in providing me with information on any funding 
            which may be available through CARES, ARPA, or the 
            Department of the Interior for Swains Island. Also as 
            mentioned in my letter to the ASG Leadership, Swains Island 
            is seeking $10 Million for infrastructure development and 
            $3 million annual funding for essential services.

     Resources to explore other political options for Swains 
            Island: I respectfully request funding assistance to 
            explore other political options for Swains Island under the 
            United States.

    Finally Honorable Keona Nakoa, if we are unable to resolve these 
injustices to a 165-year Territory of the United States, then On May 
13, 2025, Swains Island will recognize one hundred years since becoming 
part of American Samoa in 1925, and 70 years of oppression under the 
jurisdiction of the U.S. Department of Interior since its transfer from 
the U.S. Department of the Navy. I look forward to your favorable 
response to my request, and please do not hesitate to let me know if 
more clarification is needed.

            Respectfully yours,

                               S'ua Alexander Eli Jennings,
                                             Swains Island Delegate

                              ATTACHMENT 2

    Letter from Su'a Alexander Eli Jennings to the Secretary of the 
                               Interior,

                       Deb Haaland, June 7, 2022.

                   37th LEGISLATURE OF AMERICAN SAMOA

                        HOUSE OF REPRESENTATIVES

                                                   June 7, 2022    

The Honorable Deb Haaland
Secretary of the Interior
1849 C Street, NW
Washington DC, 2024

    Dear Madam Secretary,

    My name is Su'a Alexander Eli Jennings, and I have served as the 
Delegate of Swains Island for the last 18 years in the American Samoa 
House of Representatives. Moreover, during the last 18 years I have 
also served as the Traditional Leader for the Swains Island Tokelau 
Community in American Samoa, and among other things I preside over 
Traditional and Ceremonial events.
    With much apprehension, I plea for your leniency given this stretch 
of extreme events in the United States, the Insular Areas, and even 
here in American Samoa and the Pacific Region, to consider my desperate 
appeal for assistance to the Office of Insular Affairs (OIA) in my 
attached letter dated November 30, 2021.
    My apprehension and disappointment in writing to you stems from the 
apparent lack of significance to claims of inequities, injustices, and 
neglect against Swains Island in the Territory of American Samoa for 
over fifty years, including potential violations of the Constitutional 
rights of a U.S. Territory and U.S. Nationals, because of the lack of a 
response from OIA for nearly seven months. The situation is further 
escalated by the rapidly approaching and long-anticipated Constitution 
Convention of 2022, and the 2023 Budget Hearings which will negatively 
impact Swains Island even more without a response from the Department 
of the Interior. Meanwhile, Swains Island is forced to be abandoned and 
left alone and unprotected two hundred miles to the North, even while 
the threat of influence by the People's Republic of China in the 
Pacific (including illegal fishing activities) is attracting other 
countries to the aid and security of neighboring islands.
    Therefore, I beg your indulgence to support a prompt response from 
OIA to my letter, so that Swains Island can be better prepared for the 
upcoming Constitution Convention and Budget Hearings, as well as to 
afford a solid foundation for moving forward to a better future for all 
American Samoa. I am prepared and willing to provide any additional 
information, or recommendations, or to answer any questions at your 
pleasure.

            Very Respectfully Yours,

                               S'ua Alexander Eli Jennings,
                                             Swains Island Delegate

                              ATTACHMENT 3

     Council Paper on Self-Determination for May 2022 General Fono 
                               (Tokelau),

      available at https://www.matauala.org.nz/_files/ugd/f198ee_

   c91191cfc2db4ea88c73da395a32f6a0.pdf, last accessed Jan. 14, 2024.

                              UNCLASSIFIED

CONVERSATION ON THE QUESTION OF TOKELAU'S PATH TOWARDS SELF-
        DETERMINATION.--Malo Fakaauau

Purpose
    1. The purpose of the paper is to propose a revisit the views of 
our people on the question of self-determination for now and into the 
future.
Introduction

    2. We are well aware of our efforts in the government development 
agenda through our forefathers and foremothers who have passed and 
those who are still alive, the able men--aumaga/taulelea, elderly women 
and Fatupaepae, through to our children.

    3. Tokelau expressed many views to a number of international forum 
especially the UN starting back in 1993, to detail Tokelau people's 
dreams and their aspirations for the future. Right up to this moment 
Tokelau continues to present a voice annually to the C24 (UN Committee 
of 24 on Decolonization) who is responsible to decolonize countries.

    4. The two referenda in 2006 and 2007, we know didn't achieve the 
threshold required for the referendum. But the nature of the views and 
our dreams remains. It's now 14 years since we took that referendum, 
and there has been silence since with no further conversation where to 
from here.

    5. That is the spirit of the proposal; Tokelau should be looking at 
defining its position. What future dreams does Tokelau wants? The 
answer is only within Tokelau.

    6. It's is not an easy task, but it is controllable. We keep our 
faith that our Lord will help strengthen us because of the nation. We, 
Tokelau, should start meeting and have a conversation in our respective 
national forums. Also, in villages the conversations should be had. 
There may also be a decision required to include our diaspora overseas 
to be involve in the conversation. The purpose is to ensure the people 
of Tokelau understands what is ahead.

    7. Some thoughts that may generate the conversations:

     Who will lead such thinking?

     Don't leave it for others to start the thinking, but 
            initiate an internal conversation first

     Tokelau should be well prepared to respond to the 
            question: of a preferred type of governance appropriate for 
            Tokelau

     It is a belief such a conversation will be supported by NZ

     If we are not willing and start exploring now, we may be 
            questioned by our future generation

    8. Once Tokelau has decided, then a discussion with our 
administering power, NZ to support in improving our capacity and 
capability towards our preparations.

    9. It is proposed that, by 2025--2026 Tokelau will have a clear 
response. The reason being Tokelau was administered by Samoa and NZ 
since 1925. If we are fortunate enough to be alive in 2025, that is the 
100 year anniversary the people of Tokelau have been administered by 
NZ. And there will be other thoughts to improve this matter.

    10. But the thinking is, if approved by the three Taupulegas and 
villages than we look and investigate we have a clear understanding of 
the relationship between Tokelau and NZ over the past century. It will 
remind Tokelau also of the efforts to date since the delegation of the 
Administrator's powers to the 3 Taupulegas and the GF. It is hoped 
there will be important workshops, which will be crucial for Tokelau to 
consider on the way ahead.

    11. There should be no proposed model from us, but we leave that to 
be decided by our people. Or do we select a model from the governance 
models provided by UN, or develop our own fit for purpose model that 
suits Tokelau and using some component of outside models to achieve the 
most appropriate governance model for Tokelau.

    12. What is important, as our ancestors would say `Taia ko Lata 
Matau'. Let's be strong to first allow Tokelau to develop then seek 
help later. Let's look forward for better days, knowing, there will be 
many challenges, but Tokelau can initiate the work to know the right 
tack depending on the wind direction whether it's from the stern, the 
bow, starboard or port side. Important the vaka is buoyance, steady 
keel, straight forward sailing, kae, e lahi foki na pokotau, kae e 
mafai lava ia Tokelau ke taumaka, ke gauku, fuafua lava ki te matagi pe 
tuliheke, pe fetalaaki pe uamua. Ko te Vaka ke hako na tau, ke takele 
lelei, ke teletonu, ke gutua, ke tauala, ke malu, ke tologa. And very 
dependent on the Voyage Guidance (`Taki Folau').

    13. The three models from UN:

     Independent

     Free Association

     Integration

    14. Tokelau should first understand these models, as well as 
another model that may be different, should Tokelau decides. The final 
decision is Tokelau.

    15. There are a number of development that works alongside with the 
preparation for our internal self-determination agenda.

    16. We hope that once agreed by the Taupulegas, then, it is the 
time to formally inform NZ

    17. By the year 2025-2026 progress made:

     Workshops has happened

     Activate workshop meetings, reviewing and discussions in 
            villages and the nation;

     Decide on a model that may be selected in future

     Improve structures of governance with politics in all 
            levels of decision making.

     Improve governance of services in villages and national, 
            and properly put right the Office in TALO

     The national airport would be complete by then

     A proper inter-atoll vessel in place

     The fibre optic cable is cut over for high speed internet

     Complete priorities for Education and Health

     Complete preparation for Climate Change

     Tokelau continues to be protected from COVID19

     Complete part of the independent Judiciary sector 
            (consultation?) and the laws themselves

     The Tokelau Language Commission is established

     The TREEP project is complete.

     Secured the EZZ and fishing boundries

     Develop a strategy for Olohega

    18. There may be other development agenda that the General Fono and 
the Taupulega may wish to add.
Recommendations:

    19. It is recommended that the General Fono:

        i) note that the purpose of the paper is to encourage and seek 
        endorsement that Tokelau now start the conversation on self-
        determination heading into commemorating 100 years under NZ 
        administration;

        ii) agree that Tokelau revive the conversation on self-
        determination heading into commemorating 100 years under NZ 
        administration

                                 ______
                                 

Questions Submitted for the Record to the Hon. Alexander Eli Jennings, 
    Swains Island Delegate, American Samoa House of Representatives

            Questions Submitted by Representative Westerman

    Question 1. One of the Constitutional amendments voted upon by 
American Samoa citizens in 2022 allowed the delegate seat you currently 
occupy the ability to vote in the American Samoa House of 
Representatives.

    1a) Could you please explain to us the impact of H.R. 6062 on this 
amendment attempt?

    Answer. H.R. 6062 impacts this amendment attempt by suspending the 
requirements for DOI to review of our Amendments within 4 months to an 
indefinite time. H.R. 6062 was introduced on October 25, 2023, 10 
months after the Governor sent the Amendments to the Department of the 
Interior for review, and 3 weeks after the passage of Senate Resolution 
38-28 on October 2, 2023, calling on Governor Lemanu P. Mauga to 
``pursue the U.S. Congress with urgency and to petition the approval of 
our Constitutional Amendments.'' There's no guarantee H.R. 6062 will be 
passed by both Houses this year given the Presidential and General 
elections in November (SR 38-28 was submitted to the Subcommittee on 
Indian and Insular Affairs as additional information on January 31, 
2024). DOI has shown that they are willing to unilaterally suspend 
certain provisions of our constitution without warning, namely, the 4-
month approval requirement in the American Samoa Constitution being 
completely disregarded both before and after the introduction of H.R. 
6062.
    H.R. 6062 impacts this amendment because it denies Swains Island's 
reliance on a Congressional review to get to the core of why Swains 
Island has been mistreated and separated from the rest of the islands 
of American Samoa for over 63 years under the Administration of the 
Department of Interior. Resulting in the nonexistence of Federal 
Funding assistance for Swains Island and the forced alienation from our 
lands in violation of our Constitutional rights.

    1b) How would the passage of this bill affect Swains Island?

    Answer. Passage of H.R. 6062 removes requirements for ASG and/or 
DOI to consider the Constitutional rights of Swains Island, as 
demonstrated by the Executive Order that only includes the 1929 
Ratification Act which only recognizes Tutuila and Manu'a as American 
Samoa, but does not include HJR 294 approved March 4, 1925, that also 
recognizes Swains Island as a part of American Samoa. This is further 
demonstrated by the ASG and DOI's failure to respond to letters related 
to Constitutional rights violations going back to 2014, and more 
recently leading up to the 2022 Constitutional Convention.

    Question 2. The 2022 constitutional amendments have yet to be 
approved as they are currently still with the Department of the 
Interior.

    2a) What has been the impact on Swains Island from this delay?

    Answer. Swains Island has had no ability to impact any financial 
measures that affect Swains Island, such as the 2024 Budget Hearings, 
and soon the rapidly approaching 2025 Budget Hearings. Swains Island 
only receives local funding for transportation under the Governor's 
Special Programs which is further obscured by being combined with the 
Manu'a Transportation where they have scheduled by-weekly trips to 
Manu'a, while there are no set trips to Swains Island. This practice 
has resulted in going for months or even years without transportation 
to Swains Island, and the forced evacuation of our lands against our 
Constitutional Rights, despite budgeted funds for the Swains Island 
transportation during all those years.
    Another Legislation was the SB 38-26 Supplemental Appropriation 
Bill where $5 million from local surplus fund were allocated for a 
Swains Island airport but was cut to $1.5 million and the rest 
distributed for other projects in Tutuila and Manu'a, despite Swains 
Island's appeals. That is in addition to the recent millions of dollars 
out of the $1.4 Billion ARPA funds that were also distributed to 
Tutuila and Manu'a for airports, roads, and other infrastructure 
projects, but none was ever allocated for Swains Island.
    This delay is causing Swains to continue to lose out on having a 
vote on these important measures despite the fact the people of 
American Samoa already voted in favor of giving Swains voting 
representation in the legislature.

    Question 3. Can you describe your experience with attempting to 
reach out to the Department of the Interior on the 2022 Swains Island 
amendment?

    Answer.
2014
    Efforts to reach out to the Department of the Interior on the 2022 
Swains Island amendment originated in 2014, with attempts to resolve 
matters at the local level.
    On March 13, 2014, I introduced HJR 33-2 seeking the right to vote 
for the Swains Island Delegate. At a subsequent Hearing of the House 
Ways and Means Committee on HJR 33-2 on March 16, 2014, then Attorney 
General Talauega Elesalo Ale (now the Lt. Governor), the late Secretary 
of Samoan Affairs Paramount Chief Satele Galu Satele, and the late 
Legislative Counsel Henry Kappel, all endorsed the Legislation stating 
it was long overdue.
    On September 29, 2014, I wrote the Ways and Means Committee 
Chairman, I'aulualo Faafetai Talia, explaining my reasons for calling 
for a vote on HJR 33-2. A copy of my letter was also sent to 
Congressman Faleomavaega E. Hunkin and the ASG Leadership. On October 
3, 2014, HJR 33-2 was brought up for a vote of the House where it was 
defeated by a vote of 6 to 5, 4-abstained, and 5-absent (a copy of the 
letter to the Ways and Means Chair including a copy of HJR 33-2 was 
submitted as additional documents to the U.S. House Subcommittee on 
Indian and Insular Affairs on January 31, 2024).
Seeking assistance from DOI Assistant Secretary Esther Kiaaina
    On October 17, 2014, I wrote the Department of the Interior's 
Assistant Secretary Esther Kiaaina, explaining my failed attempts to 
seek the right to vote for the Swains Island Delegate, despite the 
endorsements of the Attorney General, Secretary of Samoan Affairs and 
the Legislative Counsel and requesting a meeting on her anticipated 
visit to American Samoa. I also copied the Interior's American Samoa 
Field Representative Lydia F. Nomura. I never got a response from 
Assistant Secretary Esther Kiaaina and was not granted a meeting with 
her on her visit to American Samoa (a copy of the letter to Assistant 
Secretary Kiaaina and a copy of the letter to the Ways and Means 
Chairman including a copy of HJR 33-2 was submitted to the Subcommittee 
on Indian and Insular Affairs as additional information on January 31, 
2024).
    HJR 33-2 was later submitted as a proposed amendment to the 2022 
Constitutional Convention where it passed by an overwhelming vote of 73 
to 43 and approved by the people of American Samoa on the 2022 
election.
2021
    My recent attempt to reach out to the Department of the Interior on 
the 2022 Swains Island Amendment again began with a letter to Governor 
Lemanu P. Mauga, the President of the Senate Tuaolo Manaia Fruean, and 
the Speaker of the House Savali Talavou Ale on July 28, 2021. This was 
in response to a notification from Mr. Keith Gebauer, Manager of the 
Rescue Plan Coordinator that out of $1.4 Billion Dollar ARPA and Cares 
Act funds for American Samoa, Swains Island was only eligible for 
$3,400.00 (Three Thousand Four Hundred Dollars). In my letter to the 
American Samoa Government (ASG) Leadership, I cited several 
inconsistencies in the American Samoa Constitution and treatment of 
Swains Island that has contributed to our forced evacuation and 
disqualification for ARPA funding. At the same time words of a possible 
Constitutional Convention in 2022 started to surface. Also in that 
letter, I specifically requested a seat in any Constitutional Review or 
Political Status Review Committee (the letter to the ASG Leadership was 
submitted to the Subcommittee on Indian and Insular Affairs as 
additional information on January 31, 2024).
Seeking assistance from DOI Deputy Assistant Keone Nakoa
    After 4 months without any response from the local Leaders, I 
requested the assistance of the Honorable Keone Nakoa in a letter dated 
November 30, 2021. I forwarded a copy of my letter to the ASG 
Leadership citing the inequities, injustices, and neglect that has 
plagued Swains Island for years in American Samoa to Deputy Secretary 
Nakoa (the letter to Deputy Assistant Nakoa was attached to our written 
testimony). No response to my letter to Deputy Nakoa was ever received.
2022

Swains Island Administratively denied the Introduction of a 
Constitutional Amendment

    At the convening of the 3rd Session of the 37th Legislature in 
January 2022, the 2022 Constitutional Review Committee was set to 
convene on February 9, 2022. Swains Island was not granted a seat on 
the Constitutional Review Committee. On February 12, 2022, I requested 
through an email to House Legal Counsel Nat Savali to review an 
attached copy of HJR 33-2 from 2014 for resubmission as an Amendment 
for the 2022 Constitutional Convention. After several discussions with 
Legal Counsel Nat Savali and a meeting with the Speaker, my Amendment 
was not allowed to be introduced by the end of the 3rd Session of the 
37th Legislature.

Seeking the assistance of Madam Secretary Deb Haaland

    On June 7, 2022, with no response from Deputy Assistant Nakoa and 
repeated discussions with the Office of Insular Affairs as well as 
failed attempts to introduce an amendment in the House of 
Representatives, I wrote to the Honorable Deb Haaland, seeking her 
assistance given the approaching 2022 Constitutional Convention and 
2023 Budget Hearings. I have not received a response from the Secretary 
(letter to Secretary Deb Haaland was included in our written testimony 
to the Subcommittee on Indian and Insular Affairs).

Meeting with Policy Director Basil Ottley and DOI American Samoa Field 
Representative, Lydia F. Nomura

    On August 29, 2022, Interior Assistant Secretary Carmen Cantor was 
on hand for the opening of the 2022 Constitutional Convention as the 
Keynote Speaker. Accompanying her was Mr. Basil Ottley, Policy Director 
of OIA. After the opening Ceremony, I was granted a meeting with Mr. 
Ottley and DOI Field Representative Lydia F. Nomura. The purpose of the 
meeting was to specifically seek a response from Deputy Secretary Keone 
Nakoa to my letter dated November 30, 2021, or Secretary Haaland to my 
follow-up letter of June 7, 2022. Neither Mr. Basil nor Ms. Nomura were 
aware of any response to my letters.
2023-2024

Meeting with DOI Deputy Assistant Secretary Keone Nakoa

    On November 7, 2023, I met Deputy Assistant Keone Nakoa and DOI 
American Samoa Field Representative Lydia F. Nomura. When asked about a 
response to my letter to him dated November 30, 2021, or my follow-up 
letter to Secretary Haaland dated June 7, 2022, he replied that he did 
send a reply on behalf of the Secretary. He directed Field 
Representative Nomura to forward his response to me. I never received 
his letter dated June 30, 2024, which is also consistent with the 
response from Policy Director Ottley and Field Representative Nomura 
almost 30 days later August 29, 2022, and our Legislative staff's 
report that they never received a letter from DOI.
    As for any Constitutional violations against Swains Island, Nakoa 
stated there are none because the U.S. Constitution does not fully 
apply to American Samoa, and DOI does not review local Constitutions. 
There may be inconsistencies with the American Samoa Constitution, but 
no violations. Besides there may be some illegalities with the American 
Samoa 2022 Constitutional Convention. He stated that DOI will not 
litigate my case and advised that I seek the help of a lawyer. That's 
when I assembled my Opposition to H.R. 6062 Team to oppose 
Congresswoman Radewagen's Legislation, resulting in my testifying 
before the Subcommittee on Indian and Insular Affairs on January 18, 
2024.
    3a) Follow-up: What responses has the Department of Interior 
provided if any?

    Answer. I have not received a response from the Department of the 
Interior to any of my letters. I only had a chance to meet with Policy 
Director, Basil Ottley and the American Samoa Field Representative 
Lydia F. Nomura on August 29, 2022, where they assured me, they are not 
aware of any response to my letter from Deputy Assistant Nakoa or, 
Madam Secretary Haaland. Over a year Later I met with Deputy Assistant 
Keone Nakoa and DOI Field Representative in American Samoa, Lydia F. 
Nomura on November 7, 2023. There he informed Nomura and I that he sent 
a response on behalf of Secretary Haaland, which I never received.

    3b) Follow-up: Do you believe that removing the requirement for 
amendments to receive Congressional approval would address this issue?

    Answer. No. This bill will remove the ability for Swains to address 
Congress about DOI and ASG's mistreatment of Swains Island under the 
American Samoa Constitution. The only way to resolve this issue is to 
have assurance from Congress or DOI that DOI can be held accountable 
for disparate treatment of certain classes of American Samoans. This 
requires either Congress to amend this legislation and insert a 
provision that all people of American Samoa shall be protected from the 
forced alienation of their family lands, or an amendment of the 
Presidential Executive Order 10264 stating the same. At the least, DOI 
needs clarity on the fact that Swains is a part of American Samoa under 
their civil administration, and that Swains is a politically co-equal 
part of American Samoa as the islands of Tutuila, Aunu'u, and Manu'a.

                                 ______
                                 

    Ms. Hageman. I thank the witness for your testimony, and I 
am sure that you have generated some questions for the Members 
up here, thank you.
    The Chair now recognizes Governor Guerrero for 5 minutes.

  STATEMENT OF THE HON. LORDES AFLAGUE ``LOU'' LEON GUERRERO, 
                    GOVERNOR, HAGATNA, GUAM

    Governor Guerrero. Hafa adai, Madam Chair and members of 
the Committee. I am testifying before you today to support the 
provision in H.R. 6273 that continues language in the 2003 
Compact of Free Association agreements that authorized and 
appropriated annual grants to host communities to defy costs 
incurred as a result of increased demands placed on health, 
educational, social, and public safety services due to the COFA 
agreements.
    The United States has primarily treated the COFA agreements 
as a foreign policy issue. However, it is also crucial for the 
United States to fully understand the impact of the COFA 
agreements on the domestic policy front. Jurisdictions such as 
Guam and other states and territories are adversely affected by 
the woefully underfunded mandate of the COFA agreements. Now, 
the Federal Government is seeking to make this an unfunded 
mandate on host states and territories, which will negatively 
impact our state government coffers.
    Reimbursements to the government of Guam have been 
insignificant. Before Fiscal Year 2024, Guam received between 
$12 million and $16 million annually from the Federal 
Government for our government's cost in providing public 
services and programs to COFA citizens, and between $1.4 
million to $2 million annually in compact impact discretionary 
funds. We estimate that the Government of Guam spends between 
$132 million to $150 million each year providing such services 
and programs.
    Therefore, I request your support for compact impact 
funding solutions. H.R. 1571, also known as the Compact Impact 
Fairness Act, CIFA, alone cannot adequately reduce the cost 
that COFA migrants have on our host communities. Several local 
services and programs rely on compact impact funding that CIFA 
cannot cover, with education and public safety costs being the 
most significant.
    The United States, as the administering power of Guam, the 
territory of the United States, is responsible for ensuring, 
maintaining, and seeking the island's economic advancement 
according to the United Nations charter under chapter 11, 
article 73.
    Interestingly, House Joint Resolution 96 authorizes and 
appropriates to the United States Postal Services a total of 
$602.3 million, or $31.7 million for each year of Fiscal Year 
2024 through 2043, to fund its services in the FAS. However, 
per a 2022 GAO report, USPS stated it incurred a total loss of 
$110 million since 2002 by providing services to the FAS.
    The USPS appropriation is significantly more than it 
requested. Therefore, I ask that the Federal Government fulfill 
its duty as an administering power by appropriating sufficient 
funding to Guam for the compact impact costs, which is between 
$132 million to $150 million each year.
    In 2013, GAO submitted a statement for the record to the 
U.S. Senate's Committee on Energy and Natural Resources. The 
GAO identified several weaknesses related to compact impact 
estimates. Following GAO recommendations, Guam applied for a 
DOI grant to conduct a cost benefit analysis and develop an 
acceptable methodology to address the impacts of the COFAs, 
which will help us share the most adequate data with Congress. 
Therefore, I ask that continued annual reporting of compact 
impact costs to Congress be maintained.
    I want to thank my Delegate for his quick introduction of 
H.R. 6273, and I appreciate your Committee urgently moving the 
bill forward. I strongly urge Congress to pass the provision of 
H.R. 6273 to reauthorize and continue to appropriate annual 
grants to host communities to defray costs incurred as a result 
of increased demands placed on health, educational, social, and 
public safety services due to the COFA agreements.
    Thank you, and si yu'us ma'ase.

    [The prepared statement of Governor Guerrero follows:]
Prepared Statement of the Honorable Lourdes A. Leon Guerrero, Governor 
                                of Guam
                              on H.R. 6273

    I strongly urge the Committee to pass the provision in H.R. 6273 to 
reauthorize and continue to appropriate annual grants to host 
communities to defray costs incurred as a result of increased demands 
placed on health, educational, social, and public safety services due 
to the COFA agreements. Upon taking office in January 2019, one of my 
first letters to the U.S. Department of Interior (DOI) stated that the 
government of Guam would address the methodology concerns Congress had 
with Guam's annual reports documenting the cost impacts of the Compact 
of Free Association (COFA).
    Knowing in 2019 that negotiations on the economic terms of the COFA 
agreements would have to begin ahead of the 2023 termination date, I 
shared the policy points that Guam proposed to be included in the 
renegotiated compacts. These five policy points hardly varied over the 
past four years, and the message stayed consistent for every current or 
incoming legislative or executive official. Topping my list was the 
need for adequate reimbursement of compact impact costs with a 
dedicated funding source. Without a seat at the renegotiation table, I 
took every opportunity to share Guam's needs with those who did have a 
seat.
    Guam's latest unaudited Compact Impact costs for 2022 show that the 
government of Guam spent more than $148 million in local funds to live 
up to the obligations the U.S. has made to the COFA nations. To secure 
strategic access for U.S. military forces within the FAS boundaries and 
strategic denial rights that prevent the use of the FAS boundaries by 
other governments without U.S. consent, the U.S. told the FAS that they 
could avail themselves of government services when living in the U.S.
    Guam is the favored first stop on the migration trail for many FAS 
islanders. Their presence within our community has been welcomed and 
challenged as we learn how to strengthen and grow from our shared 
migration experience. The story is heard across every U.S. community of 
a struggling immigrant community.
    On Guam, low-income families battle with a limited housing market, 
which is also impacted by the largest peacetime military buildup in 
America's history. The housing crisis is forcing Indigenous families to 
leave the island because they can no longer afford to own a home here, 
and many FAS islanders struggle to afford and live comfortably with 
many individuals in one housing unit. In contrast, a single 18-year-old 
military soldier can pay $2,100 monthly to rent a one-bedroom 
apartment. The Guam Housing and Urban Renewal Authority (GHURA) Housing 
study also indicates that Guam will need nearly 10,000 new housing 
units between 2020 and 2025 to accommodate potential demand, household 
growth, and homeless households re-entering the housing market. Guam's 
housing crisis is due to the high cost of construction and the lack of 
housing inventory. More affordable homes must be built quickly to 
stabilize the critical housing shortage.
    Our healthcare workforce grapples with an infant mortality rate 
among the FAS population that is three times higher than the U.S. 
national average. The government of Guam began tracking in 2017 why so 
many infants were dying, and the statistics paint a grim picture of how 
FAS mothers had high rates of infant deaths due to lack of access to 
health care. The Guam Department of Public Health & Social Services 
(DPHSS) Child Fatality Review Report highlights that the government of 
Guam's locally funded Medically Indigent Program (MIP) can help cover 
medical expenses for low-income expectant mothers. However, MIP paid 
low rates, which led to many OB/GYNs not accepting patients with 
locally funded MIP. Until 2020, FAS young mothers did not have access 
to Medicaid. We hope to turn our staggeringly high infant mortality 
statistic around due to Congress allowing FAS islanders to be eligible 
for Medicaid once again.
    The DPHSS also deals with high rates of tuberculosis, including 
cases of antimicrobial drug-resistant variants of TB. The medicine for 
this program is mainly purchased with local funds. Guam is on the 
frontline of challenging, complex public health issues that impact us 
hard with further adverse consequences to multiple government of Guam 
agencies. The June 2020 GAO report that the state of Arkansas was so 
concerned about the high rates of TB among the Marshallese community 
that they sent Arkansas officials to the Marshall Islands to conduct 
screening for active and latent tuberculosis, diabetes, and leprosy.
    The Guam Department of Education (GDOE) is the most impacted 
government agency, which reported spending a little over $62 million of 
local funds to educate nearly 7,000 FAS students in School Year 2021-
2022. H.R. 1571, also known as the Compact Impact Fairness Act (CIFA), 
would not cover this cost. The enrollment of FAS students in our 
schools has been as high as 27% of the entire school population. 
Multiply your state school population by 27% and then imagine that 
locally generated funds were paying that obligation every year and have 
been doing so since the Compacts were first signed in 1982. This number 
should give you an idea of the magnitude of the unfunded burden Guam 
has been carrying.
    Our public safety agencies, in 2022 alone, expended nearly $39 
million in services to FAS citizens. Our public safety agencies are on 
the front lines where many FAS islanders are struggling to adjust to 
their lives in Guam and far too often find themselves in the criminal 
justice system. Yet, CIFA does not provide a solution to help the 
government of Guam with the growing costs of its public safety services 
to FAS citizens.
    In multiple letters to executive and congressional leaders, I have 
stated that Guam has millions of dollars of annual expenses that CIFA 
will not cover. My office has supported Delegate James Moylan in 
securing federal funding sources for unfunded local costs due to the 
COFA agreements. See the table below for a list of some of Guam's local 
departments and agencies, mainly education and public safety, that 
spend the most local money to provide services to FAS citizens since I 
have been in office from FY 2019 to FY 2022. FY 2023 data have not been 
compiled yet.

[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]


    Members of Congress, Guam is dealing with two substantial 
federal policies: the COFA agreements allowing unrestricted migration 
from Micronesia and the military build-up of Guam, including the first 
Marine Corps base built in 68 years and an environmental impact 
statement (EIS) process underway right now for the feasibility of 
building up to 20 missile defense sites throughout Guam.
    As Guam participates in the defense of the country and the FAS 
region, we need continued funding, support, and a greater voice where 
we can say what is working or not and what is about to break and needs 
attention immediately.
    We need to continue the processes we are engaged in with Congress/
GAO and DOI to determine the level of funding and support required to 
ensure that the local people of Guam and the FAS islanders who call 
Guam their home can lead a peaceful existence together. The impacts on 
Guam are more significant than those impacting anywhere else in the 
country. Multiply 18.5% by every affected state population, and you 
will understand the magnitude of what Guam is dealing with. Chairman 
Westerman, the GAO stated your FAS population to be nearly 6,000 
between 2013 to 2017. Thus, your state of Arkansas would have to have 
at least 567,530 FAS islanders in Arkansas to feel the impact that Guam 
bears.
    It stands to reason that since Guam's impacts are so significantly 
huge, finding and fixing them would be arduous and time-consuming. We 
are inventing the wheel for calculating the impacts of legal migration 
to U.S. host communities.
    To continue the process we are engaged in, I ask Congress to 
continue the language concerning the intent of Congress, Compact Impact 
reimbursement, the definition of a FAS islander to be counted for 
impacts, debt relief, census taking, commitment to fund medical 
facilities and reporting of impacts in Section 104(e) of U.S. Public 
Law 99-239 and U.S. Public Law 108-188. The U.S. Congress has yet to 
reimburse Guam for actual expenditures relating to costs incurred from 
the COFA agreements, as DOI and Congressional leaders have concerns 
about the methodology to compile Guam's statistics. It has been 
represented to us that if we fix the methodology, we will have a better 
chance of having our Compact costs reimbursed by Congress.
    My administration submitted a grant to DOI and secured funding that 
would enable the government of Guam to submit audited annual reports 
for reimbursement using an accepted methodology that showcases only the 
locally generated funds used to provide needed services to the FAS 
population.
    We are informed by and complying with the dictates of numerous GAO 
reports. One of the guidelines that has been the most difficult to 
comply with, according to the University of Guam (UOG), which is 
administering the grant, is how to calculate the positive impacts to a 
local government by FAS islanders who are working in the economy paying 
taxes and buying goods and services. UOG has reported a 90% completion 
of their preliminary review of the government of Guam agency data and 
intake forms.
    We have worked with DOI and our subject matter expert/consultant on 
crafting a new process that will enable the government of Guam to 
capture more information on the impacts of the compacts. We will soon 
be able to use our revised methodology to measure the impacts of the 
FAS population living and working in Guam because of the COFA treaties 
with the US.
    Once it is totaled up, we anticipate that the government of Guam 
will still be adversely affected by the COFA agreements, expending 
nearly $150 million annually in locally generated funds. The compact 
impact reporting pathway that winds from Guam to DOI to Congress must 
be maintained so Guam can submit a report of impacts for reimbursement. 
Our preferred course of action is to deal with this matter within the 
U.S. system.
    In 1985, with the passage of the first COFA agreements, the 
language in U.S. Public Law 99-239 stated, ``The Congress hereby 
declares that if any adverse consequences To United States territories, 
commonwealths or the State of Hawaii result from implementation of the 
Compacts of Free Association, the Congress will act sympathetically and 
expeditiously to redress those adverse consequences.''
    In 2003, in U.S. Public Law 108-188, the U.S. Congress stated, ``In 
reauthorizing the US-FSM Compact and the US-RMI Compact, it is not the 
intent of Congress to cause any adverse consequences for an affected 
jurisdiction.''
    Guam is the most affected jurisdiction in the country, and our 
adverse consequences will not be solved solely with the passage of 
CIFA. We ask that Congress update Section 104(e) and live up to the 
federal government's commitment to not negatively impact Guam with the 
implementation requirements of the COFA treaties. We ask that Congress 
pass the provision in H.R. 6273 to provide funding to Guam for the 
compact impact costs we incur due to the U.S. treaty obligations to the 
FAS.

                                 ______
                                 

  Questions Submitted for the Record to the Hon. Lourdes Aflague Leon 
                        Guerrero, Governor,Guam

            Questions Submitted by Representative Westerman

    Question 1. There are significant concerns about enacting laws that 
prevent citizens of the Freely Associated States (FAS) from obtaining 
residency in Guam as that would violate the terms of the Compacts of 
Free Association.

    1a) Do you believe in the importance of the Compacts of Free 
Association and the benefits they provide for all of us Americans, both 
here in the states and in the territories?

    Answer. During the Pacific battles of World War II, the United 
States learned how important it is to keep these islands and sea lanes 
open and free. The Compact nations' EEZs encompass the largest and most 
significant trading routes between the populous manufacturing countries 
of Asia and the rest of the world. I recognize that it is vitally 
important for the United States that the enduring relationship with the 
Compact nations is nurtured and strengthened through the COFAs.

    1b) Would it be fair to say that it is important to both honor the 
terms of these international agreements while finding ways to help 
address Guam's needs?

    Answer. The federal government must provide adequate funding to 
host communities such as Guam to help cover Compact Impact costs caused 
by providing local government services such as education and public 
safety that the Compact Impact Fairness Act will not cover. The 
Pacific, including allies and adversaries, will be looking at how Guam 
and the COFA nations are treated in the United States' push to 
strengthen its Pacific footprint and relationships. I am confident that 
the federal government can both honor the terms of the COFA and find 
ways to help address Guam's needs, including providing funding for 
Compact Impact costs by reauthorizing Compact Impact grants to host 
communities.

    Question 2. How has Guam used the Compact Impact grant funds 
provided under the 2003 Compacts of Free Association?

    Answer.
    [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

    2a) What impact would it have on Guam and its communities if 
they were not renewed?

    Answer. If the Compact Impact grants are not renewed, the 
government of Guam would have to bear the entire cost of providing 
local government services to Compact migrants. For the latest year, 
Fiscal Year 2022, the government of Guam spent over $148 million 
providing health, educational, social, and public safety services to 
Compact migrants. This significant financial burden on our government 
coffers adversely affects how we budget and spend our local money.

    Question 3. In what ways have the migrants from the FAS positively 
benefited Guam?

    Answer. DOI grant funds have been subgranted to the University of 
Guam (UOG) to address the GAO's concerns with an expected deliverable 
of the methodology and cost benefit analysis. The DOI grant has been 
extended with a new performance end date of September 30, 2024. UOG has 
reported a 90 percent completion of their preliminary review of the 
government of Guam agency data and intake forms. One of the major 
components is featured to achieve overall estimates of the benefits and 
costs of migrants. The UOG has secured the Input-Output (I/O) analysis 
using the IMPLAN economic model. This economic model will allow users 
to conduct economic impact analysis for planning purposes. The IMPLAN 
software application will support the framework to conduct an analysis 
of economic impacts. The Guam IMPLAN hybrid model profiles DOI 
payments, local government spending, and the creation of jobs. The 
development of the model format includes the construction of an Excel 
benefit-cost template to identify the baseline and scenario changes 
related to programs and services for the compact migrants to Guam. The 
extension of the project has allowed UOG to meet the project 
deliverables of producing a methodology in computing the financial 
impacts for servicing COFA residents and the cost-benefit analysis.

    Individuals and families from the Compact nations utilize the 
Compacts to further their economic advancement and enhance the quality 
of their lives, and in doing so, they often become important members of 
the host communities. Our labor force depends on the Compact nations' 
workers, who play a vital role in every job category and industry. 
Islanders from the Compact nations bring cultural diversity to every 
setting, be it the classroom, job site, church, sports, or 
neighborhood.

                                 ______
                                 

    Ms. Hageman. I thank the witness for their testimony, and 
the Chair now recognizes Mayor Alig for 5 minutes.

      STATEMENT OF THE HON. JESSE ALIG, MAYOR, PITI, GUAM

    Mr. Alig. Good afternoon and hafa adai, Chairman Hageman 
and distinguished members of the House Committee on Natural 
Resources and the Subcommittee on Indian and Insular Affairs. 
My name is Jesse Alig, and I am the Mayor of Piti, a village in 
Guam. I present this testimony as the President of the Mayor's 
Council of Guam. Nineteen mayors and seven vice mayors comprise 
our council, and this is my second term. I sincerely thank you 
for this esteemed opportunity to speak on the importance of 
passing H.R. 6273.
    I begin my testimony by painting a picture of a COFA 
migrant's journey into my beautiful island home. A couple with 
seven children living in Chuuk makes the difficult decision to 
send the husband to Guam in search of better opportunities. 
Chuukese is his first language, and he is not proficient in 
English. Upon arrival in Guam, all travelers must go through 
customs and immigration process. He needs help understanding 
the forms presented to him for completion, and answers them as 
best as he can. Upon leaving the baggage claim terminal, family 
or friends residing in Guam meet him, and he is excited at the 
prospect of one day reuniting with his wife and children in 
Guam.
    He is not accustomed to searching online for jobs, so he 
begins his job search by speaking with those in his social 
circle. After months on Guam, living with 15 relatives in a 
substandard wood and tin two-bedroom home, and remaining 
unemployed, he finally lands a job as a yard maintenance 
worker, and earns less than $500 a month. He slowly discovers 
that reunification with his family will be more complicated 
than he imagined, and he longs for his wife and children.
    Out of frustration, he turns to alcohol to numb the 
loneliness and pain of being unable to provide the life he and 
his wife dreamed of for their family. He continues to utilize 
alcohol as a crutch, and in an inebriated state commits an 
unintentional crime of vehicular homicide. He then becomes a 
consumer within Guam's justice system.
    This story I just shared with you is more common than you 
think. Although the man in this story unintentionally committed 
vehicular homicide, if you were to Google crimes on Guam 
involving COFA migrants you would quickly see stories that 
include sexual abuse, home invasion, assault, robbery, and the 
list goes on and on.
    Guam has graciously hosted our COFA guests for almost four 
decades. In 2018, the U.S. Census Bureau officially reported 
that Guam has the highest number of COFA migrants in the 
country, with 18,874 residents from the Freely Associated 
States, or a little over 10 percent of our total population. 
Now, in 2024, the number is estimated to be around 24,000 
migrants, close to 15 percent of Guam's population, which 
includes a couple of generations of COFA American citizens.
    Despite hosting the most COFA migrants, Guam still does not 
receive the most significant amount of compact impact funding. 
The Office of Insular Affairs allocated only $35 million in 
compact impact funding, including $5 million which may be 
available at the discretion of Congress. Guam's costs alone for 
educating, providing health care, as well as enforcing the law 
and keeping COFA migrants safe, is at least $30 million 
annually.
    Guam's homeless population has increased exponentially 
since the COFA agreement was enacted, many of whom are FAS 
citizens. Our mayors have to deal with this issue at the 
village level. Guam's homeless looked to unlawfully occupy 
abandoned houses or homes that are currently vacant and are in 
between rental tenants. Guam's parks are littered with many 
homeless COFA migrants. Because of their constant loitering, 
and many in an inebriated disposition, homeowners, churches, 
and small businesses are forced to make costly mitigation 
efforts on their private properties to keep them safe.
    My words alone are insufficient to describe the enormous 
impact of COFA citizens on Guam's quality of life. There are 
many realities that the mayors see and experience that many 
outsiders, including here in Washington, DC, don't see and may 
not immediately understand.
    My proposal for using the financial support enabled by this 
legislation would be to establish a welcoming process upon a 
COFA migrant's arrival in Guam. By establishing this process, I 
believe we can better address potential issues before they 
arise, and improve COFA migrants at the start of their journey. 
Assimilation should include education on social services, legal 
processes, and local and Federal laws. While this sounds like 
it should be already in place, Guam cannot financially support 
these necessary services using its current budget.
    Let it be clear that there are success stories of COFA 
migrants on Guam. They are our caregivers, our pastors, our 
cooks, and our helpers. Because of their respect and 
appreciation for culture and life, we entrust our families and 
homes to their care.

    I hope this testimony has shed some light on our daily 
issues living together in Guam. Guam is a melting pot of many 
cultures, and her people continue to be warm and welcoming to 
those who wish to call it home. But the hard reality is that 
there is a cost to ensuring a safe and caring community, and we 
look forward to working with our Federal partners to make this 
happen.

    [The prepared statement of Mr. Alig follows:]
           Prepared Statement of Jesse L.G. Alig, Piti Mayor
                 and President, Mayors' Council of Guam
                              on H.R. 6273

    Good afternoon and Hofa Adai, Chairman Harriet Hageman and 
distinguished members of the House Committee on Natural Resources and 
the Subcommittee on Indian and Insular Affairs.
    My name is Jesse Alig, and I am the Mayor of Piti, a village in 
Guam. I present this testimony as the President of the Mayors' Council 
of Guam. Nineteen mayors and seven vice mayors comprise our Council, 
and I am in my second term as President.
    I sincerely thank you for this esteemed opportunity to speak on the 
importance of passing H.R. 6273, the ``Guam Host Community Compensation 
Act,'' introduced by Guam's Congressional Delegate James Moylan.
    While many other proponents will testify, referencing vital 
statistics and historical data, today, I offer you my perspective on 
the impact of the Compact of Free Association--or COFA--from a 
grassroots level.
    I ask you to indulge me as I begin my testimony by painting a 
picture of a COFA migrant's journey into my beautiful island home, 
which is home to approximately 165,000 Guamanians.
    A couple with seven children living in Chuuk makes the difficult 
decision to send the husband to Guam in search of better opportunities. 
Chuukese is his first language, and he is not proficient in English. 
Upon arrival in Guam, all travelers must go through the customs and 
immigration process. He needs help understanding the forms presented to 
him for completion and answers them as best as he can. Upon leaving the 
baggage claim terminal, family or friends residing in Guam meet him, 
and he is excited at the prospect of 1 day reuniting with his wife and 
children in Guam.
    He is not accustomed to searching online for jobs, so he begins his 
job search by speaking with those in his social circle. After several 
months on Guam, living with 15 relatives in a sub-standard, wood and 
tin, two-bedroom home, and remaining unemployed--he finally lands a job 
as a yard maintenance worker and earns less than $500 a month. He 
slowly discovers that reunification with his family will be more 
complicated than imagined, and he longs for his wife and children.
    Out of frustration, he turns to alcohol to numb the loneliness and 
pain of being unable to provide the life he and his wife dreamed of for 
their family. He continues to utilize alcohol as a crutch and, in an 
inebriated state, commits an unintentional crime of vehicular homicide. 
He then becomes a consumer within Guam's justice system.
    This story I just shared with you is more common than you think. 
Although the man in this story unintentionally committed vehicular 
homicide--if you were to google crimes on Guam involving COFA 
migrants--you would quickly see stories that include sexual abuse, home 
invasion, assault, robbery, and the list goes on and on.
    Guam has graciously hosted our COFA guests from the Federated 
States of Micronesia, the Republic of Palau, and the Republic of the 
Marshall Islands for almost four decades. In 2018, the U.S. Census 
Bureau officially reported that Guam has the highest number of COFA 
migrants in the country, with 18,874 residents from the Freely 
Associated States, or a little over 10% of our total population. Now, 
in 2024, the number is estimated to be around 24,000 migrants, close to 
15% of Guam's population, which includes a couple of generations of 
COFA-American citizens.
    Despite hosting the most COFA migrants, Guam still does not receive 
the most significant amount of Compact Impact funding. The Office of 
Insular Affairs allocated only $35 million in Compact Impact Funding, 
including $5 million, which may be available at the discretion of 
Congress. Guam's cost alone for educating, providing healthcare as well 
as enforcing the law, and keeping COFA migrants safe is at $30 million 
annually.
    Guam has received between $14 million and $17 million since 2003 
from the federal government for hosting COFA migrants, which has been 
grossly insufficient. Our island leaders, including current and former 
governors, our current and former Congressional delegates, and our 
current and former legislators, have traveled to Washington, DC, for 
several decades, meeting with leaders of our federal government to 
increase COFA reimbursements for Guam, but to no avail. To complicate 
matters, the latest COFA agreement expired in September 2023, and Guam 
is not scheduled to receive Compact Impact funding. Congressman 
Moylan's legislation, H.R. 6273, will restore this critical Compact-
Impact funding for another ten years.
    A significant area of concern regarding COFA migrants is the high 
volume of criminal activity, from theft and driving under the influence 
to violent crimes like sexual assault and even murder. One in five 
convicted criminals currently incarcerated at Guam's correctional 
facility is from one of the Freely Associated States, and in 2023, more 
than one-third of arrests were COFA citizens. It is virtually 
impossible to see a local police blotter, open a Guam newspaper, or 
watch a local television newscast without seeing a COFA migrant 
arrested, charged, and incarcerated for a felonious crime.
    The negative impact this has on our community is overwhelming, 
including the cost of investigating these crimes, prosecuting the 
accused, and eventual incarceration, not to mention the damage and 
trauma each victim of their crimes in our community has to bear. 
Congressman Moylan will alleviate the incarceration component through 
H.R. 6273 by requiring the Federal Bureau of Prisons to incarcerate FAS 
citizens who are convicted of a felony.
    H.R. 6273 will also mandate that COFA citizens provide proof of 
work or education before permanently settling in Guam.
    Making matters worse, Guam's homeless population has increased 
exponentially since the COFA agreement was enacted, many of whom are 
FAS citizens. Our mayors have to deal with this issue at the village 
level. Guam's homeless look to unlawfully occupy abandoned houses or 
homes that are currently vacant and are in between rental tenants. 
Guam's parks are littered with many homeless COFA migrants. Because of 
their constant loitering and many in an inebriated disposition, 
homeowners, churches, and small businesses are forced to make costly 
mitigation efforts on their private properties to keep them safe.
    My words alone are insufficient to describe the enormous impact of 
COFA citizens on Guam's quality of life. There are many realities that 
the mayors see and experience that many outsiders--including here in 
Washington, DC--don't see and may not immediately understand. 
Therefore, when you receive testimony recommending COFA children attend 
Department of Defense schools instead of our overcrowded and strained 
Guam school system or receive medical care at the U.S. Naval Hospital 
instead of the dilapidated Guam Memorial Hospital, please consider them 
as solutions in support of our absolute willingness to ensure we take 
care of all residents.
    The residents of Guam have welcomed COFA citizens to our small 
island, and we will continue to invite them and take care of them. 
However, their impact and burden must be addressed and funded. On 
behalf of the Mayors' Council of Guam, I implore you to pass H.R. 6273 
to allow us to continue to adequately improve and maintain the quality 
of life for all U.S. citizens and COFA migrants on the island of Guam.
    Through passage, Guam can address issues from the front end. We are 
advocates of culture and welcome all cultures to our home. Through 
proper assimilation, we can help our COFA brothers and sisters fulfill 
their dreams by providing a stronger start. We put enormous efforts 
into educating young children, and I believe the idea can carry on to 
our COFA migrant crisis. Solutions should now focus on the front end of 
migrant issues rather than dealing with them at the final straw.
    My proposal for using the financial support enabled by this 
legislation would be to establish a welcoming process upon a COFA 
migrant's arrival in Guam. By establishing this process, I believe we 
can better address potential issues before they arise and improve COFA 
migrants at the start of their journey. Assimilation should include 
education on social services, legal processes, and local and federal 
laws.
    While this sounds like it should be already in place, Guam cannot 
financially support these necessary services using its current budget.
    Let it be clear that there are success stories of COFA migrants on 
Guam. They are our managers, supervisors, caregivers, our pastors, our 
cooks and our helpers. Because of their respect and appreciation of 
culture and life, we entrust our families and our homes to their care.
    I hope this testimony has shed some light on our daily issues 
living together in Guam. Guam is a melting pot of many cultures and we 
are well known and recognized for our hospitality and family-oriented 
nature in the western Pacific region. We want to continue to be warm 
and welcoming to those who wish to call it home. But the hard reality 
is that there is a cost to ensuring a safe and caring community and we 
look forward to working with our federal partners to make this happen.
    Thank you!

                                 ______
                                 

       Questions Submitted for the Record to the Hon. Jesse Alig,
                          Mayor of Piti, Guam

The Honorable Jesse Alig did not submit responses to the Committee by 
the appropriate deadline for inclusion in the printed record.

            Questions Submitted by Representative Westerman

    Question 1. Do you have an estimate on how many migrants from the 
Freely Associated States (FAS) reside in Guam and how many among them 
are employed or attend Guam's academic institutions?

    1a) Do you believe that the intent of H.R. 6273 is to try to 
discourage FAS migrants from working or studying in Guam?

    Question 2. What impact would it have on Piti if H.R. 6273 was not 
enacted?

    Question 3. How have Compact Impact grants provided under the 2003 
Compacts served Guam's local communities?

    Question 4. In what ways have the migrants from the FAS positively 
benefited Guam?

                                 ______
                                 

    Ms. Hageman. The Chair thanks the witness for their 
testimony, and the Chair will now recognize Members for 5 
minutes of questioning, starting with myself.
    H.R. 6062 would grant the President and, subsequently, the 
Secretary of the Interior, the sole responsibility of approving 
any amendment to the American Samoan Constitution. The current 
process under existing law is that the Secretary of the 
Interior must approve amendments, and then Congress.
    In 2022, the citizens of American Samoa supported several 
amendments to their constitution, and they have been submitted 
to the Department of the Interior for approval. Congress has 
yet to receive these proposed constitutional amendments. Mr. 
Nakoa, can you provide the Committee an update on DOI's review 
of these amendments?
    Mr. Nakoa. Thank you for the question, Chair Hageman.
    The Department has indeed received the five approved 
amendments from the Governor, as transmitted in, I forget the 
date.
    However, after consultation or conversations with both 
Governor Mauga and his staff, as well as Representative 
Radewagen and her staff, the consensus decision has been to 
pause the ultimate review in order for Congress to act on H.R. 
6062.
    Ms. Hageman. OK, so my understanding is you are not going 
to be moving forward with those amendments at this time.
    Mr. Nakoa. At this point, that is the request and that is 
our intention.
    Ms. Hageman. OK. Compact Impact Grants have provided $30 
million annually in grant funding to the Pacific Territories 
and Hawaii since Fiscal Year 2004. This program expired in 
Fiscal Year 2023, and the Biden administration's COFA proposal 
did not reauthorize Compact Impact Grants, but instead included 
compact impact fairness provisions.
    My question is why does the Administration believe that the 
compact impact fairness provisions are a better solution to 
addressing the impact of the compacts?
    Mr. Nakoa. Thank you for the question.
    As mentioned in, I guess, the hearing about the Compact 
Impact Fairness Act earlier, and in several other hearings that 
we have had on the compacts, the position of the Administration 
is that the Compact Impact Fairness Act is a more holistic, 
enduring solution for addressing the impacts on host states and 
territories from the immigration or migration provisions of the 
compacts.
    So, with that, the benefits would also follow the FAS 
citizens wherever they are choosing to live, as opposed to just 
staying with the four identified jurisdictions in the Compact 
Impact Grant authorized under P.L. 108-188 in 2003.
    Ms. Hageman. Well, Mayor Alig, do you agree that the 
compact impact fairness is the best solution for Guam?
    Mr. Alig. I do not agree.
    Ms. Hageman. OK, would you please explain?
    Mr. Alig. In my testimony, I talked about all the expenses 
that we endure as an island, and how our economy is affected. 
So, I don't believe that it gives us a fair share at what we 
really should be receiving in order to take care of the 
migrants and our own people.
    Ms. Hageman. Do you believe that the number needs to be 
higher than the $30 million?
    Mr. Alig. Yes, ma'am.
    Ms. Hageman. OK. But what about the way that it is being 
addressed through the compact impact fairness, rather than 
through the Compact Impact Grants? Is there any difference 
between the two?
    Mr. Alig. Unfortunately, I cannot answer that question.
    Ms. Hageman. OK, thank you. I have a couple of questions 
for Lieutenant Governor Ale.
    If H.R. 6062 becomes law, Congress will lose part of its 
oversight authority. And while Congress still has the authority 
granted under the Territory Clause of the U.S. Constitution, it 
would no longer be directly part of the American Samoan 
constitutional amendment process. Can you explain to us why you 
believe that this is still the best path forward for American 
Samoa?
    Mr. Ale. Thank you, your honor. It is the best process 
because currently we have five amendments. And if approved by 
the Secretary, we will have to take it through Congress. And as 
mentioned by Delegate Radewagen, well No. 1, Congress has no 
obligation to take up our amendments, so we could be waiting 
for a very long time before these amendments are approved.
    Congress has so much more important activities that is on 
its table. The issues that we talk about in our local 
constitutional amendments are local issues, and it should be 
resolved locally. We have developed a very good relationship 
with the Secretary for over many years, and we believe they 
will give more attention to our issues than Congress. So, that 
is the best way forward.
    Ms. Hageman. Mr. Jennings, if I understand your testimony 
correctly, you disagree with that position, is that correct?
    Mr. Jennings. Madam Chairwoman, only for the fact that 
there is no assurance that the rights of all Americans, 
including Native American Samoa comprising of the lineal 
descendants of Tutuila, Manu'a, and Swains Island. It is not 
part of the mandate that we feel that DOI is under, based on 
the discoveries with the Executive Order. It only recognizes 
one resolution, and that was the Ratification Act of 1929. But 
it failed to recognize the 1925 joint resolution of Congress 
that made Swains Island part of American Samoa. And rather than 
pointing fingers, I have to say that is where the problem is.
    Ms. Hageman. OK, perhaps we can figure that one out.
    I yield back. I am out of time, but I am going to recognize 
the Ranking Member, Ms. Leger Fernandez, for 5 minutes for 
questioning.
    Ms. Leger Fernandez. Thank you, witnesses, once again for 
sharing the perspectives across the islands with us today.
    And I know nobody wants to leave the beautiful islands that 
we have visited, but they feel that they must to seek health 
care, to seek job opportunities, and Arkansas has more COFA 
migrants than New Mexico, with our zero, but we know it is a 
hardship.
    You have described the numbers to us. You have described 
what a life story could look like and does look like, and the 
need to address those impacts, and the need for a welcoming 
center, which sounds like a great idea.
    Can you share with me, Governor, the trend as you are 
seeing it? I think I picked up that it went from 10 percent of 
the population to 15 percent. But Governor, what has been the 
trend over the last 5 years, and what are your worries if that 
trend continues?
    Governor Guerrero. The trend of migration from these FAS 
states has been increasing significantly every year. The cost 
of expenses to provide services to these migrants have been 
increasing tremendously from since my administration, from 
Fiscal Year 2019 to 2022. We now see a total of about $424 
million of total expenses to include public safety, education, 
and so forth, with only a $54 million reimbursement.
    I wanted to also mention, Congresswoman, that we support 
CIFA, but CIFA only addresses Federal programs. They are 
Federal dollars for Federal programs. Our local coffers provide 
the financial means to provide services to our people and our 
Micronesian brothers and sisters, but they come out of our 
general fund. And these services are education, public safety, 
fire, Department of Corrections, the judicial services, DYA, 
Department of Youth Affairs. So, these services are very 
important also to provide for the quality of life. CIFA does 
not address the expenses that come from those programs. These 
are programs that we provide from our local funding. And that 
is the difference between CIFA and our local funds. So, the 
impact is greater to our local funds than what CIFA is meant to 
address.
    Ms. Leger Fernandez. Thank you very much. And when I look 
at this bill, I wanted you to address the fact that the COFA 
agreement states that residents of the Freely Associated States 
are granted non-immigrant residency status, which means you can 
migrate. But section 4 of this bill would require proof of 
employment or admission to an education facility, as well as 
proof of a residential address for any citizen of the Freely 
Associated States.
    And we heard, Mayor, your story highlighted one of the 
concerns that this might be intended to address, right, so that 
you have somewhere to go, you know what you are doing. However, 
it appears that there would be a conflict between those two 
provisions.
    So, Governor Guerrero, could you help me understand how to 
deal with this conflict that it looks like these two sections 
of the bill would be in conflict with each other, and do you 
have any suggestions of how to deal with that?
    Governor Guerrero. First of all, I want to make it very 
clear that we welcome our brothers and sisters to improve their 
quality of life. And we also benefit from their job services, 
their labor. It improves the economy. So, we support migration.
    There definitely has to be some reconciliation, because 
what we do not want to experience is becoming wards of our 
state. We want every migrant that comes in to be able to be 
educated, to be able to learn, to be able to get medical care, 
to be able to provide residency for their families. So, there 
is some necessary work, I believe, that can be done for 
reconciliation, and I am very confident that our Congressman, 
who has the pulse of our community and our constituencies, will 
come up, in conjunction with our support and also our ability 
to work with him very closely, and with your Committee, to come 
into some very positive reconciliation.
    Ms. Leger Fernandez. Thank you very much. And just real 
quickly, with regards to H.R. 6062, it is a bill that has seven 
words, right, as you pointed out. It is not even a full 
sentence, almost. It is seven words. And real quickly, those 
seven words, Lieutenant Governor, what do they mean to you?
    I mean, we don't have a lot of time, we have run out of 
time, but can you just give me two sentences of why those seven 
words are so key to your future?
    Mr. Ale. As mentioned earlier, and I thank you for the 
question, it really kills our ability to have local self-
determination. One of the amendments is to give this good 
gentleman the right to vote in our local legislature. That 
amendment will sit and probably die on the vine in Congress. 
But if this provision is removed and repealed, then with the 
support of the Secretary that could be passed, and this 
gentleman could be voting in the local legislature of American 
Samoa this year. That is a wonderful self-determination issue.
    Ms. Leger Fernandez. Thank you very much. My time is 
expired, and I yield back.
    Ms. Hageman. The Chair now recognizes Mrs. Radewagen for 5 
minutes of questions.
    Mrs. Radewagen. Thank you, Madam Chair.
    Lieutenant Governor, [speaking Native language]. The 1983 
statute not only suspends the approval by the Secretary of the 
Interior, but when the amendment has been approved by the 
people it suspends an act of self-determination, and yet the 
statute does not provide any criteria or standard for approval 
or disapproval, or a time limit for Congress to act.
    Do you agree that the real test Congress should apply to 
local self-determination does not need to be in a statute 
because it is in the territorial clause, and that the real 
standard for congressional review of local self-government and 
local law should be in compatibility with Federal territorial 
law and policy as determined by Congress, which American 
Samoans have honored and obeyed as patriotic Americans?
    Mr. Ale. Thank you, Congresswoman Radewagen, for the 
question. The answer is absolutely yes.
    The territorial clause is all Congress needs to have its 
authority maintained to govern American Samoa and all 
territories of the United States. This additional provision 
that we are seeking to repeal is completely unnecessary. And as 
you mentioned in your testimony, it was added into an 
appropriations bill without Committee review or regular order. 
So, it is time for it to be removed so that the people of 
American Samoa can finally proceed to amend its constitution. 
Thank you.
    Mrs. Radewagen. Thank you.
    Secretary Nakoa, although some of the details may be lost 
to history, the original reasoning behind the 1983 statute 
included concerns over unilateral changes to the constitution 
made by Interior. What is the current policy regarding 
administrative changes to territorial law?
    Mr. Nakoa. I would have to consult the departmental manual 
for more specific processes.
    That being said, in general, when we receive something like 
this that would impact the territories, one of the major things 
that we seek to do is consult with the territories and the 
territorial leadership, so that the Department can be well 
aware of their stance on the proposal, and that we are seeking 
to both move ahead in what is in the best interest of the 
territory, in coordination with the territorial governments.
    Mrs. Radewagen. Has Interior finished reviewing the 
proposed constitutional amendments from the recent referendum?
    And do you have any issues with or opposition to any of the 
amendments?
    Mr. Nakoa. I think I would have to say that we are still 
technically in the process of reviewing those amendments, only 
because when we conclude the process, I believe we are due to 
report out to Congress.
    However, I can say that I have not heard any opposition to 
any of the five amendments that were approved by the people of 
American Samoa.
    Mrs. Radewagen. Thank you.
    Mr. Jennings, first of all, I want to let you know that I 
am in favor of fair representation for all of our people. I 
support self-governance and any amendments our people wish to 
make to our local laws. And to that end, thank you for being 
here.
    In your testimony, your opposition to H.R. 6062 seems to be 
predicated on whether it will help move the recent amendments 
forward based on the testimony of Secretary Nakoa and 
Interior's stated policy of respecting local affairs. Do you 
still oppose H.R. 6062?
    Mr. Jennings. Thank you, Congresswoman. I appreciate the 
question.
    As mentioned earlier, I think the reason why I am here 
today is for the rights of every American, which includes 
American Samoan Natives.
    My opposition, and not really an opposition, is the fact 
that there are no guarantees that if we revert this back to the 
Department of the Interior, that the rights of every American 
Samoan Native will be considered under the Administration of 
the Department of the Interior.
    For example, why hasn't there been a vote for Swains Island 
after 63 years?
    Mrs. Radewagen. I have 12 seconds left, Delegate Jennings.
    Mr. Jennings. If I can have assurance that we can verify 
that H.R. 6062, this legislation, will acknowledge the rights 
of every American Samoan Native, I am ready to embrace you and 
support this legislation. That is all I am looking for.
    Mrs. Radewagen. Thank you, sir. I am totally out of time.
    I have other questions I would like to submit for the 
written record, Chairwoman.
    I yield back.
    Ms. Hageman. Yes, we can do that. The Chair now recognizes 
Mr. LaMalfa for 5 minutes of questioning.
    Mr. LaMalfa. Thank you, Madam Chairman.
    Mayor Alig, when we look at the impact grants, and that the 
Biden administration's COFA has moved away from the Compact 
Impact Grants, they have instead, as we have talked about, 
chosen to implement impact fairness provisions, as I have it. 
So, Mayor, would you touch a little bit more on the pros and 
cons of the decision and how, for you, as a director of all the 
mayors, the mayors association there, what are you and your 
colleagues looking at here on this?
    Mr. Alig. In regards to the CIFA and how CIFA would be 
beneficial to us? Is that your question?
    Mr. LaMalfa. Yes, going away from Impact Grants to the 
fairness provisions, how does that change, and is it overall 
going to be better for you, or are you concerned about it?
    Mr. Alig. Well, we are most concerned about the funding, or 
the lack of funding that we would receive, that we would lose 
because of it and its effects, yes.
    Mr. LaMalfa. Yes, because my understanding, the overall 
numbers are probably going to go down for you, so you will have 
less ability to fund the program.
    Mr. Alig. That is correct, yes.
    Mr. LaMalfa. OK. All right. Please send us more background 
on that as we go. I know we are going to run short here pretty 
quick with votes coming up.
    But I would also like to yield the remainder of my time to 
Mr. Moylan.
    Mr. Moylan. Thank you, Mr. LaMalfa.
    Mr. Mayor, thank you for your testimony. It was very 
helpful, giving that example and understanding how rough it is 
for migrants to come on over to the island, and the struggles 
that we face and, unfortunately, some of the lawbreaking 
activities that do happen.
    Mr. Mayor, we have problems with the Department of 
Corrections. Would you agree?
    Mr. Alig. I do agree, yes.
    Mr. Moylan. And if nothing comes around, and we are not 
able to make some changes through the help of the Federal 
Bureau of Prisons by assisting us with these migrants, what do 
you see as the future of the Department of Corrections under 
this situation?
    Mr. Alig. Well, it is obvious that the overcrowding will 
continue. And the biggest issue for us, as mayors, is the 
safety of our community. And we will see that continue to rise. 
Our police department does the best that they can do, but we do 
know that our current administration is working on plans for a 
better Department of Corrections, but without any support from 
the Federal Government we are not going to see a safe 
community.
    Mr. Moylan. Thank you, Mr. Mayor.
    Governor Lou Leon Guerrero, likewise, the Department of 
Corrections' current situation. If we are unable to move this 
measure forward, what do you see the future of the Department 
of Corrections, please?
    Governor Guerrero. I think the future of the Department of 
Corrections is going to be bleak, and there will be some crisis 
in terms of overcrowding, in terms of ability to provide more 
personnel capacity to monitor these prisoners. So, I feel that 
the section that creates a Memorandum of Agreement with the 
Federal Government to incur the cost for those individuals who 
have committed a crime that are from the FAS, to incur that 
cost would greatly help our general coffers.
    Mr. Moylan. Thank you, Governor. We have a little bit more 
time left. Governor Guerrero, in previous hearings, Secretary 
Cantor said that CIFA will be a net positive for the 
territories. Could you speak on what effect CIFA has on the 
costs the Government of Guam must endure to host migrants? 
Please further expand.
    Governor Guerrero. As I mentioned earlier, CIFA is the 
Federal dollars for Federal programs. When CIFA was started to 
be discussed in Congress, Congressman Ed Case and Senator 
Hirono sought my perspective and my comments on it, and I 
totally support it. I support the ability to provide SNAP 
programs, housing programs, these Federal programs to our 
brothers and sisters from the Micronesia. It is not enough for 
us in terms of the impact of the expenses to provide the local 
programs to our citizens, and to our residents, and to the 
migrants that come to Guam.
    You must also understand that there are two Federal 
policies that Guam is facing. One is the COFA migrants, two is 
the military buildup. Both policies will incur and have an 
outcome of increased population to our small island.
    For us as a government to provide the kind of services, the 
substantive services, the quality of services to all of the 
residents of Guam requires more financial capacity and more 
increase in funding to pay for the expenses. As a result of 
that, our general fund is greatly and significantly impacted 
with these local programs. CIFA, I think, will help, but it is 
not enough in terms of sufficient financial capacity to provide 
those services.
    Mr. Moylan. Thank you, Governor.
    Thank you, Madam Chair.
    Ms. Hageman. The Chair will now recognize Mr. Moylan for 
any additional questions that he may have.
    Mr. Moylan. Thank you, Madam Chair.
    Mr. Nakoa, why does the Biden administration feel that non-
citizens deserve entitlements not available to American 
citizens that have served their country and happen to live on 
Guam or Puerto Rico?
    Mr. Nakoa. I guess, just to clarify the question, are you 
asking why FAS citizens who choose to live in the States would 
be eligible for certain programs so that, so yes, I guess to 
clarify one thing that has been maybe miscommunicated about the 
impact of the Compact Impact Fairness Act, FAS citizens who 
live in Guam or any jurisdiction where certain Federal programs 
are not available to a U.S. citizen or U.S. resident living in 
that community, this is not an affirmative grant of any 
eligibility right to FAS citizens. So, they would sit in the 
same shoes as their neighbors in Guam, or American Samoa, or 
CNMI, or Hawaii, or Arkansas. So, that is one thing.
    And then I guess the Biden administration doesn't, I guess, 
we have supported extending certain programs in the territories 
in general. We have supported SSI, we have supported extending 
other programs that additionally----
    Mr. Moylan. Thank you, and I understand that, and I think 
it is really coming down to money and funding. Guam has been 
asking for this for quite some time, as well as Puerto Rico.
    Mr. Nakoa, I have a copy of the President's budget request 
to Congress for Fiscal Year 2024, and it included a request for 
$140 million for ASEAN and the IPEF. Both of these programs 
have no benefit to Guam, nor are we part of it, and it is $2 
billion to bolster the Indo-Pacific countries through game-
changing investments, which is the full amount necessary for 
the Compacts of Free Association.
    So, my concern is, Mr. Nakoa, and really, I am just making 
this statement, how would you have me or the Governor explain 
to our constituents that the Federal Government is willing to 
find $2 billion for Pacific neighbors, but they cannot find $30 
million a year for the cost to expand SSI to cover Guam?
    I would like to also address that to Governor Lou Leon 
Guerrero, please.
    Governor Guerrero. I think for me, my immediate reaction 
would be that it is a bit of an inequity. That it is a bit 
discriminatory. And I know that under the Biden administration, 
one of the biggest, biggest mantra of the Biden administration 
is equity and fairness for all. And not to have these social 
services, but yet being allowed these social services in other 
states, speaks to me very loudly of unfairness, inequity, and 
discriminatory.
    Mr. Moylan. Thank you, Governor.
    Mayor Alig, could you speak of the importance, and we are 
going back to section 3 here regarding proof of employment and 
education, mandating that our migrant brothers and sisters 
coming on over have something to work for and look at, please?
    Mr. Alig. Well, I know that there is some misunderstanding, 
perhaps, of what that would provide. I do believe, and many of 
us mayors and vice mayors on Guam believe, that every migrant 
coming to Guam must have a plan. And if, in fact, this 
amendment requires them to be enrolled in education or have 
employment secured, then we certainly agree with it.
    However, we do understand that there may be some 
contentious idea behind it, and that we are willing to support 
whatever extra funding we get, we support their migration to 
Guam by fully educating them and providing them opportunities 
for employment and for health care.
    Mr. Moylan. Thank you, Mr. Mayor.
    Mr. Nakoa, back to you, sir. Again, how would you have me 
and Governor Leon Guerrero explain to our constituents that the 
Federal Government can find $2 billion for these other programs 
that we are not involved with, but they can't find $30 million 
a year that it would cost to expand and provide SSI to cover 
Guam?
    Mr. Nakoa. I am not aware of the specific, and maybe I just 
didn't catch the specific provisions you mentioned. But in 
general, the President's budget has to cover the entirety of 
the Federal Government, and provisions that are not specific in 
nature are meant to benefit the entirety of the citizenry of 
the United States. So, that is the only thing that I would 
comment on that.
    Mr. Moylan. Again, per the Governor's comments, it is not 
acceptable, but I thank you.
    And I also, in final, if I may, Madam Chair?
    Mr. Nakoa, I just want to thank you for coming today and 
speaking to us, and given the importance of the compact impact 
and how much this revolves around the experience we are facing 
in Guam, I want to invite you to join me, the Governor, and the 
Mayor to come to Guam and hold a town hall listening session 
later this year, hear the stories that we are referring to 
today, and see with your own eyes why we need this funding, and 
you will understand our perspective. I hope we can host you 
sometime this year.
    And I thank you, Madam Chair, I yield back.
    Ms. Hageman. Thank you. The Chair now recognizes Chairman 
Bruce Westerman for 5 minutes of questioning.
    Mr. Westerman. Thank you, Chairman Hageman, and thank you 
to the witnesses. And it is good to see so many familiar faces 
from our trip this past fall down to Guam. And I appreciate all 
the help that you all provided to us in coming up with the new 
COFA agreement. And I understand there are issues that still 
need to be resolved.
    And I want to commend Mr. Moylan for all of his work and 
Mrs. Radewagen for her work in organizing this hearing today.
    Mr. Nakoa, H.R. 6273 would require the Secretary of the 
Interior to enter into a Memorandum of Understanding with state 
and territory governments ensuring that FAS citizens who are 
convicted of a felony are transferred to Federal correctional 
facilities. Does DOI have any concerns regarding the 
implementation of this policy, and have you consulted with the 
Department of Justice on it?
    Mr. Nakoa. I am not sure, to my knowledge, that we have 
officially consulted with the DOJ, but I believe there would be 
some concerns on the implementation side. I would have to defer 
to DOJ on some of the specifics.
    But what it seems like, it would involve at least 55 or 
some-odd potential MOUs to comply with at least section 3, I 
believe.
    Mr. Westerman. Is there any precedent for these types of 
transfers that you are aware of?
    Mr. Nakoa. Not that I am aware of.
    Mr. Westerman. H.R. 6273 would require reimbursements for 
the costs associated with pre-conviction and incarceration of 
felons from the FAS. And the funds for this reimbursement would 
come from the Bureau of Prisons. Do you have any estimate of 
the total cost of providing these reimbursements?
    And does the Bureau of Prisons have the capacity to cover 
these costs?
    Mr. Nakoa. I have no idea what those costs would be.
    Mr. Westerman. Maybe some follow-up actions we need to look 
at.
    Lastly, H.R. 6273 would bar FAS migrants from obtaining 
residency in Guam unless they provide proof of academic 
enrollment or employment and residential address. However, the 
Compacts of Free Association provide the citizens of the FAS to 
travel freely to the United States without visas, as well as 
live and work indefinitely in the United States. Do you think 
this could have a negative impact on the United States-FAS 
relationship?
    Mr. Nakoa. I do. Like I said in my testimony, it is unclear 
what the impact would be on the compacts, as well as the INA, 
the Immigration and Naturalization Act, I think it is. So, we 
would have to seek to clarify how those would interact.
    But I have heard from at least some of our FAS partners 
that this would be a difficult situation to face.
    Mr. Westerman. Thank you.
    Lieutenant Governor Ale, it is apparent from the hearing 
that the 2022 constitutional amendments are still being 
reviewed by DOI, and this has resulted in none of these 
amendments being approved and being transmitted to Congress for 
approval. Do you believe that by removing congressional 
oversight this process will be expedited?
    Mr. Ale. Thank you, Chairman, and that is the reason we 
support the legislation by Congresswoman Radewagen to remove 
this provision of requiring these amendments to come to 
Congress, because we believe there is no assurance that it will 
be enacted or acted by Congress anytime soon. In fact, the law 
doesn't even require Congress to even acknowledge. So, we are 
asking to have it removed.
    Secretary Nakoa cannot comment on their review of these, 
but so far, we have received assurances that these amendments 
will be approved. And once this law is removed, and the 
Secretary approves the amendments, it becomes effective and our 
right of self-determination comes alive again. Thank you.
    Mr. Westerman. A follow-up, and this is a really, really 
tough one here, since American Samoa is the only territory that 
is required to have congressional approval for amendments to 
its constitution: Do you believe this is fair and equitable?
    Mr. Ale. Thank you for the question again. Yes, it is a 
unique and unfair burden for American Samoa to have to come 
here. I believe it is also an unfair burden for Congress to 
have to deal with our local issues every time we decide as a 
community to amend our local constitution.
    Mr. Westerman. Madam Chair, I am out of time, so I yield 
back.
    Ms. Hageman. Thank you. I want to thank the witnesses for 
your valuable testimony and the Members for your questioning, 
and for these very thoughtful bills that have been presented to 
us for consideration.
    The members of the Committee may have some additional 
questions for the witnesses, and Mrs. Radewagen has indicated 
that she will. We will ask you to respond to these questions in 
writing. Under Committee Rule 3, members of the Committee must 
submit such questions to the Subcommittee Clerk by 5 p.m. on 
Tuesday, January 23, 2024, and the hearing record will be held 
open for 10 business days for your responses.
    If there is no further business, and without objection, the 
Committee stands adjourned.

    [Whereupon, at 3:37 p.m., the Subcommittee was adjourned.]

            [ADDITIONAL MATERIALS SUBMITTED FOR THE RECORD]

  Prepared Statement of the Hon. Bruce Westerman, Chair, Committee on 
                           Natural Resources

    We are here to discuss two bills: H.R. 6062 introduced by 
Representative Radewagen and H.R. 6273, introduced by Representative 
Moylan. I want to thank them for working tirelessly to bring the issues 
important to their districts to this committee and I look forward and 
to working with you both to find ways to address the needs of the U.S. 
territories.
    This hearing marks the first step in the right direction. There is 
much more Congress will need to consider as we continue to discuss and 
understand the implications of these bills.
    H.R. 6062 would return American Samoa's constitutional amendment 
process to the pre-1983 process of requiring approval from only the 
Secretary of the Interior.
    This committee is committed to territorial self-determination and 
improving the livelihoods of all Americans on the islands.
    We are also committed to our oversight responsibilities and making 
sure that Americans, both in the mainland and in the territories, are 
not negatively impacted by federal laws and policies. And that the 
bills coming out of this committee will positively benefit communities 
and American prosperity.
    To that end, we need to ensure that H.R. 6062 does not 
unintentionally relinquish an aspect of congressional oversight and 
prevent American Samoans from accessing an avenue for recourse against 
unilateral actions by any administration.
    We also need to ensure that legislation truly resolves the issue it 
aims to solve. There have been reports that previous constitutional 
amendment attempts by American Samoa have not yet received review by 
the Secretary of the Interior. And we have not received the amendment 
proposals here in Congress. I hope we can get clarity on this today 
from the Department of the Interior. If the delay is indeed with the 
Department of the Interior, then this issue may require a different 
path forward.
    Turning to H.R. 6273, this bill has three major components. First, 
it would extend authorization for annual Compact Impact grant funds for 
the Pacific territories of Guam, The Northern Marianas Islands, and 
American Samoa. It would also require felons from the Freely Associated 
States or FAS to be incarcerated in federal facilities and seeks 
reimbursement for costs associated with those incarcerations. Finally, 
the bill would place entry requirements for FAS citizens seeking 
residency in Guam.
    It is imperative that Congress ensure that this legislation not 
only addresses the specific needs of Guam but is also fiscally 
responsible and does not come into conflict with existing federal law 
and international agreements.
    My colleagues and I on this Committee have worked hard these past 8 
months on the renewal of the Compacts of Free Association and we will 
continue to work towards its timely passage.
    We know fully well how critically important the Compacts are for 
U.S. national security and the incredible mutual benefits that the 
U.S.-FAS special relationship provides.
    As such, it is important that we find a path forward on addressing 
the unique needs of Guam, we must continue to work to preserve the 
U.S.-FAS relationship.
    Thank you to our witnesses for being here today, particularly those 
who traveled to great lengths to testify on these important bills.

                                 ______
                                 

Submissions for the Record by Rep. Moylan

                  GAO COMPACT IMPACT NUMBERS 1986-2018

[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]


                                ______
                                 

                           Judiciary of Guam

                                               January 18, 2024    

Hon. Harriet M. Hageman, Chair
Subcommittee on Indian and Insular Affairs
Committee on Natural Resources
1324 Longworth House Office Building
Washington, DC 20515

Re: Judiciary of Guam Testimony on H.R. 6273

    Dear Chair Hageman:

    On behalf of the Judiciary of Guam, thank you for the opportunity 
to submit testimony on H.R. 6273, introduced by Delegate James C. 
Moylan, to extend the authorization of certain grants to the 
governments of Guam, the Commonwealth of the Northern Mariana Islands, 
and American Samoa, and for other purposes.

    Please be advised that the scope of these comments is limited to 
Section 2 of the measure, relative to a continuing appropriation under 
the Compact of Free Association Amendments Act of 2003.\1\ The branch 
refrains from offering commentary on the policy positions outlined in 
the remaining portions of the bill.
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    \1\ ``Extension of Authorization of Grants''

    The U.S. Compacts of Free Association permit citizens from Freely 
Associated States (FAS) unrestricted immigration into the United States 
and its territories. Although annual reimbursements for compact 
migration costs ceased in 2023, migration to U.S. areas is anticipated 
to grow, as reported by the U.S. Government Accountability Office.\2\
---------------------------------------------------------------------------
    \2\ Compacts of Free Association: Populations in U.S. Areas Have 
Grown, with Varying Reported Effects. GAO-20-491

    A continuing appropriation is vital for maintaining essential 
services and preserving the principles of justice for a community 
grappling with this expanding population. While the Compact Impact 
Fairness Act would alleviate some challenges for host jurisdictions, 
existing federal initiatives may not adequately mitigate the extensive 
financial burden associated with Compact-related expenditures, 
---------------------------------------------------------------------------
particularly in the sectors of public safety and legal services.

    As the third branch of the government of Guam, the Judiciary of 
Guam is charged with interpreting the laws of the territory. The branch 
is composed of both a trial (Superior Court of Guam) and appellate 
court (Supreme Court of Guam) that provides for the settlement of 
disputes between parties and protects the rights of individuals as 
mandated by the Organic Act of Guam and the Constitution of the United 
States of America. Presently, COFA Migrants represent 20% of the 
Superior Court of Guam's total case population.

    Local expenditures on cases involving citizens of the Freely 
Associated States have steadily increased over the past two decades. In 
Fiscal Year 2004, the Judiciary expended $891,279 on cases involving 
citizens of the Freely Associated States. By Fiscal Year 2023, 
expenditures increased to $8,699,588. Over the past 20 years, the 
cumulative cost to the Judiciary of Guam for cases involving citizens 
of the Freely Associated States is $76,953,151.

    A significant number of FAS citizens appearing before the Judiciary 
of Guam also face financial challenges, impacting the state of the 
court's indigent defense fund. The growing demand for indigent defense 
services over the years raises concerns about a potential crisis within 
our legal system. While strengthening these services remains a priority 
for the branch--sustained financial support will be critical to meet 
the constitutional mandate for adequate representation of indigent 
individuals in Guam.
    In summary, without the continuation of annual reimbursements as 
outlined in H.R. 6273, Guam risks jeopardizing the quality, 
accessibility, and fairness of its legal services. Inadequate funding 
would strain the Judiciary's ability to handle an increasing caseload, 
potentially resulting in delays, reduced access to legal 
representation, and a compromised justice system for the People of 
Guam. The Judiciary respectfully urges support of the continuation of 
annual reimbursements to not only ensure the equitable allocation of 
funds but also sustain the essential services our community provides.

    Thank you for your time and consideration.

            Sincerely,

                                          Robert J. Torres,
                                                      Chief Justice

                                 ______
                                 

Submissions for the Record by Lt. Governor Ale

    (Supplements to Testimony)

       2022 American Samoa Election Results Certification Letter       
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]       
 
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                 2022 American Samoa Referendum Ballot
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                 2022 American Samoa Referendum Results
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            Supplemental Documentation Supporting Testimony
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]

                               *****

The full document is available for viewing at:

https://docs.house.gov/meetings/II/II24/20240118/116694/HHRG-
118-II24-20240118-SD013.pdf

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Submissions for the Record by Delegate Jennings

    (Supplements to Testimony)

                     SR 38-28 (English and Samoan)
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                   37th LEGISLATURE OF AMERICAN SAMOA

                        HOUSE OF REPRESENTATIVES

                                                  July 28, 2021    

        Hon. Lemanu P. Mauga          Hon. Tuaolo M. Fruean
        Governor of American Samoa    President of the Senate
        A.P. Lutali Executive 
        Building                      Legislature of American Samoa
        Utulei, American Samoa        Fagatogo, American Samoa

        Hon. Savali T. Ale
        Speaker of the House
        Legislature of American 
        Samoa
        Utulei, American Samoa

Subject: Swains Island's Request for Assistance

    Malo ni tau Afioga,

    Mua na kave te fakafetai ma te vikiga i te Aliki mo tona aloha ma 
te agalelei kua aulia mai ai tenei taeao. Tatalo hoki ke maua pea e tau 
afioga te malosi o te tino kae maihe te agaga. Tulona tau afioga, ke 
kavatu he talohaga vaivai a Olosega mamao (Swains Island) mo he 
fesoasoani mai te malo, ma te fakaaloalo lahi lele.

    I have been informed by the Manager of the American Rescue Plan 
Coordinator that Swains Island does not qualify for any of the American 
Rescue Act Funding. So far out of the estimated $1.4 Billion slated for 
American Samoa, Swains may receive $3,000.

    Swains Island first became a Territory of the United States in 
August 1856 under the Guano Act and went on to be very prosperous in 
the copra trade. Then at the request of the U.S. Navy and the U.S. 
State Department, along with the support of President Calvin Coolidge, 
Swains Island was made a part of American Samoa by an Act of Congress 
on May 1925. Swains Island immediately contributed to the newly formed 
government with tax revenues from the copra. Swains became a greater 
economic factor by bringing in over 200 miles (or several hundred 
thousand square miles) of ocean to the U.S. Exclusive Economic Zone 
(EEZ) that has fed the canneries for nearly 70 years.

    Unfortunately, the collapse of the copra industry in the 1960s not 
only devastated Swains Island's economy, but it exposed its Political 
Status with American Samoa as a destructive force incapacitating a U.S. 
Territory to near annihilation. Secondly, the Tuna Industry continues 
to show evidence of decline and unsustainable future. Despite our 
contributions to the American Samoa economy for nearly 100 years, as 
well as the dedication of many of our men and women who served 
honorably and sacrificed their lives in the United States Armed Forces, 
Swains Island received no compensation for the depletion of its ocean 
resources, and no assistance for basic human needs to sustain life.

    We are unable to live on our lands and have no resource to combat 
the effects of Climate Change that is impacting every island in the 
pacific. No resource to protect against illegal entry by foreign 
fishing vessels or government. Despite annual budget allocations for 
Swains Island Transportation, there's not been a trip to Swains Island 
for 4 years after numerous attempts and requests.

    It is arguable that this territorial government has practiced a 
policy of relocation, de-population, civic abandonment, and 
disenfranchisement (exclusion, alienation) that is in effect compulsory 
(enforced) rather than consensual, and that is not consistent with due 
process and government by consent of the governed under the federal and 
territorial constitutions.
Political Inconsistencies:

     The U.S. government repeatedly and formally recognized and 
            confirmed (including the 2011 letter from DOI) the right of 
            Swain Island to a legal and political status, as well as 
            public governance by the federal and territorial 
            governments, on an equal basis with the islands of Tutuila, 
            Manu'a and Aunu'u.
     American Samoan ancestry: means lineal descendants of the 
            inhabitants of Tutuila and Swains Islands whose permanent 
            place of residence was American Samoa on 17 April 1900, and 
            the inhabitants of Manu'a Islands whose permanent place of 
            residence was American Samoa on 16 July 1904. (American 
            Samoa Code Annotated ASCA: Chapter 02--General Provisions 
            41.0202 Definitions.)

     Swains Island has a Delegate in the American Samoa House 
            of Representatives with all the powers of a Representative, 
            except the right to vote, like other U.S. Territory 
            Delegates to the U.S. House of Representatives

     Like other U.S. Territory Delegates to Congress, the 
            Swains Island Delegate to the American Samoa Legislature 
            can introduce Bills/Resolutions, Chair Committees, vote in 
            Committees, but cannot vote in the chamber for the final 
            passage of Legislation.

     The Swains Island Delegate to an American Samoa 
            Constitution Convention, can vote for changes to the 
            Constitution of American Samoa, but a Swains Island 
            Delegate to the American Samoa Legislature cannot vote on 
            Legislation.

     Like other U.S. Territories with Delegates to Washington 
            without a Senator, Swains Island has no Senate Seat in the 
            Fono.

     All Territories with Delegates to Congress are exempted 
            from taxation without representation. Swains Island has 
            been paying taxes, without representation and depleting its 
            Resources for nearly 100 years.

     It seems Swains Island has become a Territory of American 
            Samoa, and no longer of the United States. Yet, the U.S. 
            State Department Foreign Affairs Manual (FAM) still 
            recognizes Swains Island as a Territory of the United 
            States.

Swains Island Request:

     Request Representation in any Constitution or Political 
            Status Review.

     Request for at least 2 trips a month to Swains like Manu'a 
            and allow for the repatriation of island residents.

Swains Island is Requesting $10 million from the American Rescue Plan 
Act for the following infrastructure development and to provide 
employment for Swains Island Residents. Also an additional $3 Million 
annual budget to maintain essential services for the people.

     Landing Craft: A Landing craft is needed to safely 
            transport equipment and material to Swains Island because 
            of the lack of wharf or dock.

     Safe Wharf/Dock/Ramp/Channel: The channel needs to be 
            widened and dredged for safety. Also, a dock or ramp needs 
            to be installed.

     Airport: Land and/or Sea (lagoon)

     Communication/Internet

     Water Purification System

     Sustainable Renewable Power

    Thank you for your consideration, and I look forward to your 
favorable response and deliberations.

            Ma le ava tele e tatau ai,

                               Su'a Alexander Eli Jennings,
                                             Swains Island Delegate

                                 ______
                                 

                   37th LEGISLATURE OF AMERICAN SAMOA

                        HOUSE OF REPRESENTATIVES

                                               October 17, 2014    

Hon. Esther Kia'aina
Assistant Secretary of Insular Affairs
U.S. Department of Interior
1849 C Street, NW
Washington, DC 20240

Re: The Matter of the Swains Island Representation in the American 
        Samoa Legislature

    Malo ni and Aloha Madam Secretary,

    Please allow me, from American Samoa, where you'll be visiting soon 
to introduce myself. I am Su'a Alexander Eli Jennings and I am the 
delegate to the American Samoa Legislature from the northernmost part 
of the territory, which was made part of the territory in 1925 (two 
decades after the territory was created by the U.S. Congress). I 
represent Swains Island, also the birth place of the Hon. Papaliitele 
Jack ``Tihati'' Thompson (Counsel General of Samoa in Hawaii), whom you 
may also know along with wife Cha as owners of Tihati Productions, 
headquartered in Honolulu. If at all possible, despite your super-busy 
schedule while you are here in American Samoa, I would appreciate very 
much, please, an appointment with you to discuss with you the following 
situation involving Swains Island:

    On March 13, 2014 I sponsored House Joint Resolution, HJR 33-2 to 
amend the Revised Constitution of American Samoa to grant the Swains 
Island Delegate the right to vote in the House of Representatives 
(please see HJR 33-2 attached). The Resolution was referred to the 
House Ways & Means Committee, and a Hearing conducted around March 16, 
2014.

    In that Hearing the Attorney General, the Legislative Council, and 
the Secretary of Samoan Affairs all testified in support of the 
Resolution, despite objections by some lawmakers. After the matter was 
left in Committee for six months, with no new evidence or further 
discussions, I submitted a written request to the Chairman, Hon. 
I'aulualo Faafetai Talia, to bring HJR 33-2 up for a vote (please see 
letter to Chairman I'aulualo attached.) On October 3, 2014, HJR 33-2 
was brought up for a vote of the House where it was defeated by a vote 
of 6 to 5, 4-abstained, and 5-absent.

    Unfortunately, the decision of the House of Representatives to 
defeat HJR 33-2 seals the fate of Swains Island to be permanently 
disenfranchised in this Territory. Furthermore, it concludes over 8 
years of attempts to address ambiguities in our political relations 
through the local government and traditional leaders, and over 89 years 
of being treated as second class citizens of American Samoa, and not as 
a Territory of the United States.
BACKGROUND:
American Samoa Constitution Convention June 2010

    Preparations for the 2010 Constitution Convention began in 2006 
when then Governor Togiola Tulafono created the Future Political Status 
Study Commission FPSSC (ASCA Title 2: Chpt. 14). Part of their mandate 
stated in paragraph (d): ``To study and evaluate the impact of American 
Samoa's political status and relationship with the United States as to 
the economic, cultural, land tenure, health, safety and social needs of 
American Samoa and the need for a comprehensive study to include Swains 
Island.'' Unfortunately, the Commission did not include a 
representative from Swains Island. However, based on their mandate, the 
Commission issued the following recommendations on Swains Island:

     The Commission recommends that to avail themselves of the 
            public services to which they are entitled, the US 
            Nationals of Swains Island consider relocating to the main 
            islands of American Samoa.

     The Commission recommends that the constitutional process 
            for the election of the Swains Island delegate (to the 
            House of Representatives) be made more practical.

         (http://faleomavaega.house.gov/sites/faleomavaega.house.gov/
files/pdfs/fpssc_report.pdf)

    The Constitution Review Committee was subsequently created in 2009, 
to consider the recommendations of the Commission and submit proposed 
amendments to the Constitution Convention scheduled for June 2010. 
Again, no representative of Swains Island was invited to be part of the 
Constitution Review Committee. However, in their recommendation, the 
Review Committee proposed only that the Swains Island Delegate be 
selected by popular vote of all Swains Island residents on Swains and 
in American Samoa and given the right to vote. The other recommendation 
by the FPSSC, to relocate residents to Tutuila, was not approved by the 
Review Committee.

    Approximately two weeks before the Constitution Convention, all the 
preparations were in place except no Delegate from Swains Island was 
invited to participate. I spoke with the Review Committee and was 
advised that due to the number of people on Swains Island it was 
determined that Swains Island will not have a Delegate. I referred them 
to the Constitution which specifies that Swains Island will have a 
Delegate in a Constitution Convention. I later received a call to 
conduct a selection for the Swains Island Delegate, and I was selected 
as the Swains Delegate.

    During the Convention, I argued in the Legislative Committee that 
the selection of the Swains Island Delegate to the House of 
Representatives was consistent with the right to the protection of 
lands, customs, culture, and traditional family organization of 
American Samoan Ancestry, as provided in the Constitution (similar to 
the selection of Senators). My position was upheld, and the Committee 
agreed to remove the proposal and leave the Swains Island selection as 
it stands.

    Meanwhile, in the Preamble Committee, Congressman Faleomavaega 
proposed that the Preamble include three paragraphs to recognize the 
three islands that were united to form the Territory of American Samoa. 
The first paragraph to include the Deed of Cessions with the 
traditional leaders of Tutuila, the second paragraph to include the 
Deed of Cessions with King Elesara and the traditional leaders of 
Manu'a, and the third paragraph the act of Congress making Swains 
Island part of American Samoa. Both recommendations from the 
Legislative Committee and Preamble Committee were approved in the 
Convention. Unfortunately, all proposed Amendments were defeated in the 
General election by an overwhelming 70% of the vote, because of the 
decision of the Election Officer to select one vote ``Yes'' or ``No'' 
for all proposed amendments on the ballots.
Letter to Congressman Faleomavaega E. Hunkin January 14, 2011

    In my letter to Congressman Faleomavaega dated January 14, 2011, I 
tried desperately in my limited capacity, to provide a comprehensive 
review of the political status of Swains Island and its impact on 
economic, cultural, land tenure, health, safety, and social needs of 
Swains Island (please see letter to Congressman Faleomavaega attached). 
On July 6, 2011, Congressman Faleomavaega solicited the assistance of 
the Department of Interior (please see Congressman Faleomavaega letter 
to then Secretary Ken Salazar attached). Assistant Secretary of Insular 
Affairs then, Anthony Babauta, responded to our Congressman, indicating 
that Swains Island constitutes an area in American Samoa equal to 
Tutuila, Aunuu, and Manu'a, when considered throughout the DOI and 
other federal offices (please see Secretary Babauta response attached).
House Joint Resolution (HJR) 33-2 March 2014

    HJR 33-2 was introduced in the House of Representatives in March 
2014, requesting an Amendment to the Revised Constitution of American 
Samoa to grant the Swains Island Delegate the right to vote in the 
House of Representatives. On the Second Reading of the House, approval 
of the measure failed by a vote of 5-ayes, 6-nays, 4-abstained, with 5-
absent.
REQUEST:
    Madam Secretary, I believe that the non-voting status of the Swains 
Island delegate to the American Samoa Legislature is an oversight and 
bears correction through Interior Department action. One, because our 
Constitution sanctions laws that protect the lands, customs, culture 
and traditional family organization of Swains Island, and two, it also 
prohibits the enforcement of laws that abridge against the privileges 
and immunities of the citizens of American Samoa. Consequently, I 
support the position of the Attorney General, the Legislative Counsel, 
and the Secretary of Samoan Affairs, in that granting the Swains Island 
Delegate the right to vote is a basic step in correcting this 
oversight.
    I further believe that I have exhausted every reasonable action 
over the last eight years to rectify this oversight at the lowest level 
through the local government and traditional leaders. Therefore, I 
humbly request your assistance on this matter and request a meeting 
with you during your upcoming visit to American Samoa.

            Respectfully yours,

                               Su'a Alexander Eli Jennings,
                                              Swain Island Delegate

                                 ______
                                 

                     LEGISLATURE OF AMERICAN SAMOA

                        HOUSE OF REPRESENTATIVES

Hon. I'aulualo Faafetai Talia, Chairman
House Ways and Means Committee
Legislature of American Samoa
Pago Pago, Am. Samoa 96799

Re: HJR 33-2: Right to Vote for the Swains Is. Delegate

    Talofa lau Afioga I'aulualo,

    I submit this statement as requested on HJR 33-2: Constitution 
Amendment granting the Swains Island Delegate the Right to Vote. Around 
March 6, 2014 there was a House Ways & Means Committee Hearing on the 
HJR 33-2 with the Secretary of Samoan Affairs, Paramount Chief Satele 
Galu Satele, Attorney General, Talauega Eleasalo Ale, and Legislative 
Council, Henry Kappel as witnesses. At the conclusion of the Hearing 
all three witnesses endorsed the Resolution as written, and indicated 
by testimonies that this was ``long overdue''. In other words Chairman, 
by the testimonies of these three witnesses representing the executive 
branch, legislative branch, and Our Samoan Traditions, there are no 
traditional or legal grounds to deny the Swains Island Delegate the 
right to vote in the House of Representatives. Regrettably, the matter 
was referred back to Committee for further deliberations over the same 
concerns that were presented to the witnesses during the Hearing. 
Perhaps the greatest opposition to the Resolution is the selection of 
the Swains Island Delegate, which is by selection in a meeting of the 
Permanent Residents (similar to Senators) and not by popular vote like 
the rest of the House Members. Another issue was the lack of residents 
on Swains Island. Again, these were all discussed with the witnesses in 
the Hearing, yet the Attorney General, Legislative Counsel, and 
Secretary of Samoan Affairs all endorsed the Resolution as it is 
written at the end of the Hearing. Then on August 12, 2014, the matter 
was discussed in Committee, but again it was decided to keep it in 
Committee for further deliberations, yet no new evidence was 
introduced. However, it was suggested that I provide the Committee with 
a written statement and therefore I provide this statement to the 
Committee for the record.
Background:
Political Status of Swains Island:

A. Swains Island has been a Territory of the United States since August 
13, 1856:
    According to Federal Regulations, Swains Island first became a 
Territory of the United States on August 13, 1856 under the Guano Act. 
On March 4, 1925, Swains Island was made a part of American Samoa by a 
Joint Resolution of Congress which Stated:

      Whereas Swains Island . . . is included in the list of guano 
            islands appertaining to the United States, which have been 
            bonded under the Act of Congress approved August 18, 1856

      Whereas the island has been in the continuous possession of 
            American citizens for over fifty years and no form of 
            government therefore or for the inhabitants thereof has 
            been provided by the United States

      Therefore, be it resolved by the Senate and House of 
            Representatives of the United States of America in Congress 
            assembled, that sovereignty of the United States over 
            American Samoa is hereby extended over Swains Island, which 
            is made a part of American Samoa

      d. Native inhabitants of Swains Island of a race Indigenous to 
            that island who were not already U.S. citizens or nationals 
            became non-citizen U.S. nationals if residing in Swains 
            Island on March 4, 1925 (U.S. State Department Foreign 
            Affairs Manual (FAM): 7 FAM 1120 Page 20).

     Swains Island was made a part of American Samoa in that 
            the Sovereignty of the U.S. over American Samoa was also 
            extended over Swains Island. Swains Island was placed ``. . 
            . under the jurisdiction of the administrative and judicial 
            authorities of the government established therein by the 
            United States'' (American Samoa Constitution: Acts of 
            Congress 1662) Swains Island did not become a Territory of 
            American Samoa, as implied by current applications of law, 
            but remains a Territory of the U.S.

     Swains Island is equally entitled to the same privileges 
            as Tutuila, Aunnu'u, and Manu'a in the Territory of 
            American Samoa. ``Swains Island constitute an area within 
            American Samoa just like Tutuila, Aunu'u, and Manu'a'' 
            (Assistant Secretary for Insular Affairs, Anthony Babauta 
            letter to Faleomavaega July 2011)

B. Swains Island became an ``Unincorporated Territory or Outlying 
Possession'' of the United States in 1925.

    According to Federal Regulations there are two Unincorporated 
Territories or Outlying Possessions of the U.S., American Samoa and 
Swains Island (7 FAM 1120 Page 18 & 19).

     An ``unincorporated territory'' or ``outlying possession'' 
            is an area over which the Constitution has not been 
            expressly and fully extended by the Congress within the 
            meaning of Article IV, Section 3 of the United States 
            Constitution (7 FAM 1120 Page 2).
Constitutional Rights of Swains Island

A. Right to have a voting Delegate in an American Samoa Constitution 
Convention

    Swains Island has the right to select a Delegate (similar to the 
Delegate to the Fono), except with voting rights to an American Samoa 
Constitution Convention. Yet he/she cannot vote on Bills or Resolutions 
in the House. ``Swains Island shall have one delegate selected in open 
meeting by the adult permanent residents of the island who are United 
States nationals'' (AS Rev. Const. Article V Miscellaneous Section 3).

     I was the delegate of Swains Island in the 2010 
            Constitution Convention, and voted both in the Legislative 
            Committee, and the Full Committee.

B. Right to protection of Lands, Customs, Culture and traditional 
family organization of Samoan Ancestry (Article 1 Section 3 Protective 
Legislation).

     (d) ``American Samoan ancestry'' means lineal descendants 
            of the inhabitants of Tutuila and Swains Islands whose 
            permanent place of residence was American Samoa on 17 April 
            1900, and the inhabitants of Manu'a Islands whose permanent 
            place of residence was American Samoa on 16 July 1904 (ASCA 
            41.0202 Definitions).

     Any law that protects the lands, customs, and traditional 
            family organization of Swains Island people does not 
            violate the Constitution. Subsequently, the Swains Island 
            Delegate is selected in an open meeting (not by popular 
            vote) of the Permanent Residents to protect its lands, 
            culture, and family organization traditions (AS Rev. Const. 
            Article II Legislature Sect. 2 Members)

C. Right to the protection against laws that abridge against the 
privileges or immunities of the citizens of American Samoa (Article I 
Bill of Rights Section 16: Unspecified rights and privileges and 
immunities)

     Denying the Swains Island Delegate the right to vote 
            violates section 16 of the Bill of Rights.
Discussion
    Chairman, Swains Island is a Territory of the United States that 
was made a part of American Samoa through a Joint Resolution of 
Congress. Swains Island is not a Territory of American Samoa, but is 
equal to Tutuila, Aunu'u and Manu'a according to the U.S. Department of 
Interior. The Swains Island Delegate to the House of Representatives is 
selected the same way the Swains Island Delegate is selected for a 
Constitution Convention (an open meeting of the permanent residents of 
Swains Island). Yet the Swains Delegate to a Constitution Convention 
has the right to vote both in Sub-Committees as well as the Committee 
as a Whole. I was the Swains Island Delegate to the 2010 Constitution 
Convention and I voted both in the Legislative Committee and the 
Committee as a whole for proposed Amendments from all Committees. The 
selection of the Swains Island Delegate to the House of Representatives 
protects the lands, customs, and traditional family organization of 
Swains Island under Article I Section 3 Protective Legislation. The 
same way the selection of Senators to the Senate protects Tutuila and 
Manu'a. As such, granting the Swains Island Delegate the right vote 
does not violate the Constitution. However, denying that Delegate the 
right to vote may very well violate Article I Section 16 Unspecified 
rights, privileges and immunities, by enforcing a law that abridge the 
privileges and immunities of citizens of American Samoa. This logic is 
consistent with the testimonies of the Attorney General, Legislative 
Counsel, and Secretary of Samoan Affairs.
    Finally Chairman, in two subsequent Committee meetings since the 
testimonies of the Attorney General, Legislative Counsel, and the 
Secretary of Samoan Affairs, there's been no new evidence or arguments 
to justify keeping this Resolution in Committee. However it is becoming 
more apparent that an Amendment to the Constitution may not be the best 
course of action for this deficiency. Therefore Chairman, with this 
statement I humbly ask that HJR 33-2 be brought up for a full vote of 
the House, and let the distinguished Members utilize the greatest tool 
of a free society, the expression of their decision with the right to 
vote.

            Ma le ava tele e tatau ai,

                               Su'a Alexander Eli Jennings,
                                             Swains Island Delegate

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