Live by the Laws You Write Act

Mr. Speaker, I rise today to include, for historical purposes, information on Senate and House hearings on a bill to protect the voting rights of American Samoa's active duty service members and overseas voters.

[Press Release, July 14, 2004]

Senate Holds Hearing on Faleomavaega Bill To Protect Voting Rights of

Active Duty Service Members and Overseas Voters

Congressman Faleomavaega announced today that the Senate

Energy and Natural Resources Subcommittee on Public Lands and

Forests held a hearing on H.R. 2010, a bill he introduced to

protect the voting rights of active duty service members and

overseas voters whose home of residence is American Samoa.

At this time, I want to thank Chairman Larry Craig and

Ranking Member Ron Wyden for holding this hearing and for

entering the full text of my statement into the record,

Congressman Faleomavaega said. I also want to thank Senator

Daniel Akaka who is a senior member of both the Energy

Committee and the Subcommittee on Public Lands. Senator Akaka

was instrumental in getting this hearing held and I thank him

for his support and kind words.

At today's hearing, Senator Akaka said, ``H.R. 2010 was

introduced by my good friend, Eni Faleomavaega, a senior

member of the House who couldn't testify himself because of

the centennial celebration for the islands of Manua. On this

occasion, I d like to send the people of American Samoa our

best wishes as they celebrate the 100th anniversary since the

stars and stripes were first raised by their traditional

chiefs.''

Senator Akaka continued by saying, ``I do not have a

question, Mr. Chairman, but a comment as someone who is very

familiar with the challenges of transportation and

communications out in the Pacific. This bill would resolve a

long-standing problem in electing the Delegate from American

Samoa: How to conduct a run-off election in just 14 days in a

territory with a very large number of absentee voters and

only two regular flights from the U.S. each week? This bill

would provide for election of the Delegate by a plurality

vote. Or, if the local government wants, by a majority vote

following a primary election. It would resolve a long-

standing problem.''

Chairman Craig thanked Senator Akaka for his opening

comments and I also thank Senator Akaka for being at today's

hearing. Although I was invited to testify before the Senate

Subcommittee, I thought it was equally important to attend

Flag Day celebrations being held in American Samoa to

recognize Manua's 100 year relationship with the United

States, Congressman Faleomavaega said. This celebration is an

historic event and I am pleased to be with the people on this

important occasion and, again, I am pleased that Chairman

Craig recognized the importance of Flag Day and included my

written testimony in the Committee records.

I am also pleased to welcome the MV Sili to Manua. It is

most fitting for our new vessel to arrive from Louisiana just

in time to commemorate Manuas history and to honor our

traditional leaders and chiefs, past and present. The arrival

of this vessel has been more than a year in the making and I

am grateful to our friends in the House and Senate who

supported our efforts to set aside funding for this vessel.

When Republicans in the Senate wanted to cut funding for

the Territories from the Tax Act of 2003, Democratic Senator

Benjamin Nelson from Nebraska fought hard to help us keep our

funding in place. Later, Republican Chairman Bill Thomas of

the House Ways and Means Committee sent me a letter saying

that he was pleased he could assist me in this effort.

Because we were successful in including the Territories,

American Samoa received more than $10 million from the Tax

Act of 2003 and I am grateful that Senator John Breaux of

Louisiana and Ranking Member Charles Rangel of the House

Committee on Ways and Means stood with me in establishing

Congressional intent on how these funds should be spent,

Congressman Faleomavaega said.

I am also pleased that Governor Togiola stood with me and

agreed that $5 million should be set aside for the purchase

of a new vessel for Manua. I am also thankful that Senator

Breaux put us in touch with one of the best shipyards in the

world located in Louisiana and then personally made sure that

American Samoa was receiving one of the best vessels

Louisiana had to offer at a cost of $4 million. I consider

Senator Breaux a good friend and I can say with certainty

that he is also a friend of American Samoa.

This year, we have much to be thankful for including this

historic legislation which is moving through Congress to

protect the voting rights of our active duty service members

and our college students and other overseas voters. H.R. 2010

is a bipartisan bill which is supported by Republican

Chairman Richard Pombo and Ranking Democratic Member Nick

Rahall of the House Committee on Resources, Faleomavaega

said.

On May 5, 2004, the House Committee on Resources passed

this bill by unanimous consent. On June 14, 2004, a

Republican controlled House passed H.R. 2010 without

objection. I am pleased that the Senate is now

considering H.R. 2010 and I would like to note for the record

that on October 29, 2003 the House Committee on Resources

also held a hearing on this bill. On behalf of the U.S.

Department of the Interior, Mr. David Cohen, the Assistant

Secretary for Insular Affairs, was invited to testify but

declined citing that this was a local issue.

Locally, H.R. 2010 is supported by the Governor of American

Samoa, the President of the Senate, the Speaker of the House,

and 85% of those surveyed in American Samoa agree that

overseas voters and active duty service members should have

the right to vote in federal elections held in the Territory,

Faleomavaega said.

Given that Assistant Secretary Cohen accepted todays

invitation to testify before the Senate Subcommittee on

Public Lands and Forests, I am pleased that his testimony was

supportive. Two weeks ago, when the Senate first informed me

that H.R. 2010 would be considered today, I called Mr. Cohen

to discuss the bill and determine where the Department of

Interior stood on the issue. Assistant Secretary Cohen and I

came to an understanding prior to the hearing and I thank him

for his support.

While the Assistant Secretary focused his comments on the

will of the people, when asked by Chairman Craig how he

believed the will of the people should be determined, Mr.

Cohen said he believed the Committee should rely on the

statements which I included in the Record. As I have said on

many occasions, this matter has been before the people and

the local leaders of American Samoa for the past six years.

Since 1998, I have written to our Governors, past and

present. I have written and testified before our local

Legislature and I have also included copies of my testimony,

my letters, and local responses in the House and Senate

Committee records. These enclosures now on file with the

Committees are more than 70 pages in length. Included in the

record is Governor Togiola's support of H.R. 2010.

Once more, I want to commend Governor Togiola for

supporting this bill as we have always agreed that our

military men and women should have the right to vote

especially when they contribute almost a million dollars per

year in taxes to our local government. I also thank the

President of the American Samoa Senate, the Honorable Lutu

Tenari S. Fuimaono, and Speaker Matagi Ray McMoore for their

support, Faleomavaega said.

H.R. 2010 is an historic bill. It is a bill that

immediately restores the voting rights of our overseas voters

and active duty military members. It is also a bill that

makes clear in no uncertain terms that the American Samoa

Legislature is vested with the authority it needs to

establish primary elections for the office of the

Delegate, if it so chooses.

H.R. 2010 also protects American Samoa's future in the U.S.

Congress. Without H.R. 2010, future Delegates could miss out

on key committee assignments as a result of delayed outcomes

and run-off elections. Like Governor Togiola, I do not

believe American Samoa's future should be weakened or

disadvantaged and this is one more reason I appreciate his

support of H.R. 2010.

Given the importance and urgency of this bill, I thank the

members of the House Resources Committee, both Democrats and

Republicans, who unanimously voted in favor of this bill.

H.R. 2010 is the right thing to do and, as a Vietnam veteran,

I will not rest until we fully guarantee that our active duty

service members have the right to vote in federal elections

held in American Samoa.

To alleviate any concerns that I will personally benefit

from this legislation, I offered an amendment in the nature

of a substitute for purposes of changing the effective date

of this bill from January 2004 to January 2006. This

amendment was unanimously supported at mark-up by the House

Resources Committee and, as such, any change in law will not

go into effect until the 2006 election cycle, Faleomavaega

said.

As I have repeatedly stated, H.R. 2010 in no way affects

how the American Samoa Government chooses to elect its local

leaders and, having made every change requested of me by our

local leaders and after years of good-faith efforts on my

part, I believe the time has come to do right by our overseas

voters and men and women in the military. Our sons and

daughters have fought and died to preserve our freedoms and I

will do everything I can to protect their right to vote.

Again, I thank the Chairman and Ranking Member of the

Senate Subcommittee on Public Lands and Forests for holding

this historic hearing on H.R. 2010 and I am hopeful that they

will support its successful passage. In a dramatic moment

before the hearing came to a close, Senator Akaka said, ``As

a person from the Pacific, I want to make a final comment

about H.R. 2010.''

Chairman Craig granted the Senators request and Senator

Akaka said, ``As you know, Mr. Cohen, H.R. 2010 will resolve

a long standing problem made worse by the current conflict in

the Middle East where many American Samoans are now serving.

Those Americans are fighting for democracy and I speak out in

support of this bill. Mr. Chairman, I believe we should act

quickly to pass this bill so that those men and women will

have the opportunity to vote to help select their

representative to the U.S. House of Representatives.''

Like Senator Akaka, I also believe the Senate should act on

this bill and I thank my dear friend Senator Akaka for

standing with the people of American Samoa on this important

issue. I also thank our men and women from American Samoa who

are serving on active duty at a time when our nation is at

war. I wish them the very best and I pray for their safe

return, the Congressman concluded.

Mr. Speaker, I rise today to include, for historical purposes, information on the passage of a bill to protect the voting rights of American Samoa's active duty service members and overseas voters.

[Press Release, Oct. 11, 2004]

Senate Passes Faleomavaega's Bill To Protect Voting Rights of American Samoa's Active Duty Service Members; President Bush Expected To Sign

Bill Into Law Within 30 Days

Congressman Faleomavaega announced today that on Wednesday

September 15, 2004 the Senate Committee on Energy and Natural

Resources passed, by unanimous consent, H.R. 2010, a bill he

introduced to allow military and overseas voters to

participate in federal elections held in American Samoa. On

the evening of Sunday October 10, 2004, the United States

Senate also unanimously passed H.R. 2010 and the bill has now

been sent to President George W. Bush who is expected to sign

Faleomavaega's bill into law within the next thirty days.

First and foremost, I want to thank American Samoa's

military men and women who are proudly serving our country at

a time when our nation is at war, the Congressman said.

American Samoa's sons and daughters have fought and died for

the right to vote and, as a Vietnam Veteran, I promised I

would do everything I could to make sure our military men and

women could fully participate in federal elections held in

American Samoa.

This is why I introduced H.R. 2010 and why I am thankful

that this bill has enjoyed the full support of Republicans

and Democrats in the House and Senate. For the record, it

should be noted that not one Republican or Democrat in the

House or Senate objected to H.R. 2010 and I am thankful to my

colleagues for their support.

No matter what is said, Congress is not about who is in the

Majority. Congress is about seniority, friendship, and

influence. It takes both Republicans and Democrats to get the

job done and it also takes the support of our local leaders,

Faleomavaega said. This is why I commend Governor Togiola,

the late Senate President Lutu T. Fuimaono, and Speaker

McMoore who also stood in support of H.R. 2010.

I also commend the people of American Samoa, the

Congressman continued. Of those surveyed, more than 85%

agreed that our active duty military members deserve the

right to vote and, as a result of your support and prayers,

H.R. 2010 has now passed the House and Senate and has been

sent to the President of the United States who is also

expected to fully support this bill. Once signed, H.R. 2010

will become effective in 2006. Again, H.R. 2010 is an

historic bill. It is a bill that restores the voting rights

of our college students and active duty military members and

makes clear in no uncertain terms that the American Samoa

Legislature is vested with the authority it needs to

establish primary elections for the office of the Delegate,

if it so chooses.

While my opponents continue to call this a plurality bill,

nothing could be further from the truth, Faleomavaega said.

Those who understand this bill know that this bill includes

both plurality and majority voting. If, for example, the

American Samoa Legislature establishes primary elections, the

general election for the office of the Delegate will be by

majority. If the American Samoa Legislature fails to

establish primary elections, the general election for the

office of the Delegate will be by plurality. Either way, our

military men and women and college students will have the

right to vote for their Representative to the United States

House of Representatives.

Also, H.R. 2010 in no way affects how the American Samoa

Government chooses to elect its local leaders. Furthermore,

this matter is not new to the people or the Legislature of

American Samoa. The truth is this matter has been before the

people and our local leaders for the past five years. Since

1998, I have written to our Governors, past and present. I

have written and testified before our local Legislature and I

have brought this matter to the attention of our people

through press releases, newsletters, radio and tv programs.

In 2001, I also conducted a Congressional survey and 85% of

those surveyed agreed that American Samoas active duty

service members should be afforded the same rights and

privileges as every other American serving in the U.S. Armed

Forces.

Having made every change requested of me by our local

leaders and after years of good-faith efforts on my part, I

am pleased that once the President signs H.R. 2010 into law

our military men and women and college students will have the

right to vote in federal elections held in American Samoa and

will no longer be disenfranchised from the process as a

result of Public Law 95-556 which was passed on October 31,

1978, Faleomavaega said. Federal, or PL 95-556, requires a

runoff election to be held only 14 days after the general

election. As Governor Togiola said, this creates a situation

where it is virtually impossible for American Samoas Election

Office to send out absentee ballots to the men and women in

the military and expect to receive them back in time for

those votes to be counted in a run-off election. In other

words, this is an injustice that has been made worse by the

current conflict in the Middle East where many American

Samoans are now serving and fighting for democracy.

H.R. 2010 corrects the injustice and, for this reason, I am

thankful that the U.S. Senate, the U.S. House of

Representatives, Governor Togiola, the late Senate President

Fuimaono, Speaker McMoore, and 85% of those surveyed in

American Samoa agreed with me that some measure should be put

in place to assure that the votes of our military men and

women are counted in federal elections held in American

Samoa, Faleomavaega said. I am also thankful that Senator

Akaka, a senior Member of the Senate Committee on Energy and

Natural Resources, spoke out in support of H.R. 2010 and

urged the Senate to act quickly to pass this bill so that

American Samoas military men and women will have the

opportunity to vote to help select their representative to

the US. House of Representatives.

Simply put, H.R. 2010 is the right thing to do and, to

alleviate any concerns that I will personally benefit from

this legislation, I would like to reiterate that I offered an

amendment in the nature of a substitute for purposes of

changing the effective date of this bill from January 2004 to

January 2006. This amendment was unanimously supported at

mark-up by the House Resources Committee and, as such, any

change in law will not go into effect until the 2006 election

cycle.

At this time, I thank Chairman Pete Domenici and Ranking

Member Jeff Bingaman of the Senate Committee on Energy and

Natural Resources for supporting H.R. 2010. I also thank our

Commander in Chief, President George W. Bush, who I am

confident will soon sign H.R. 2010 into law. Above all, I

thank our military men and women from American Samoa who are

fighting for democracy so that you and I and future

generations may live in peace. As a Vietnam veteran, I wish

them the very best and, as always, I pray for their safe

return, the Congressman concluded.