COMMITTEE ON INTERIOR AND INSULAR AFFAIRS HOUSE OF REPRESENTATIVES WAYNE N. ASPINALL, Colorado, Chairman JAMES A. HALEY, Florida ROBERT W. KASTENMEIER, Wisconsin NICK BEGICH, Alaska JAMES ABOUREZK, South Dakota JOHN P. SAYLOR, Pennsylvania, SAM STEIGER, Arizona WILLIAM G. THOMAS, Consultant on Territorial and Insular Affairs NOTE. The chairman, Hon. Wayne N. Aspinall, and the ranking minority member, Hon. John P. Saylor, are ex officio members of this subcommittee. Ala'ilima, Vaiinup J. (plus attachments)_ Letter-Knox, P. C., Attorney General, to Secretary of the Proposed amendments to H.R. 11523 and H.R. 12493_ Aumoeualogo, Hon. Salanoa S. P., Senator, Legislature of American Fuimaono, Hon A. U., Washington Delegate for American Samoa.. Loesch, Hon. Harrison, Assistant Secretary of the Interior for Public Lowe, Hon. Richard Barrett, late Governor of American Samoa and Matsunaga, Hon. Spark M., a Representative in Congress from the Mink, Hon. Patsy T., a Representative in Congress from the State of Mulitauaopele, Leviifiloa Suiava, also known as Ivi S. Pele, J.D., Reed, Hon. Le'aeno W., president of the Senate, American Samoa.. Tiapula, Fia T. S., educator, Holt public schools, Lansing School Tima, Hon. Ma'o, member, House of Representatives, American Tuiolosega, Tagaloa M., District No. 2, Legislature, American Samoa, Utu, Fainuulelei S., of American Samoa__ Wohlfeld, William, former assistant to Governor Haydon.-.-. Letters: Knox, P. C., Attorney General, to Secretary of the Treasury, dated 43 Laolagi, T. F., paramount chief, Sili, Manu'a, American Samoa, to 59 382 Loesch, Hon. Harrison, Assistant Secretary of the Interior, to Hon. Tuitele, M. T., District Governor and others, office of the District Tuitelelapaga, Napoleone A., High Court of American Samoa, to Tuufuli, Leatulua K., mayor of Fagatogo Town, American Samoa, to Additional information: Tuumamao, Tuiolosega, paramount chief, Olosega County, American Amendment No. 1, 11th Legislature, Second Regular Session, Senate American Samoa Public Law 12-9, section 2.1304-Functions of the American Samoa Senate Concurrent Resolution No. 39 dated February Chapter XI. Declaration regarding non-selfgoverning territories Convention between the United States, Germany, and Great Britain Convention of 1899 proclaimed by U.S. President William McKinley, Democratic Party of American Samoa resolution endorsed December 7, Executive Order 10264, transfer of the administration of American Samoa from the Secretary of the Navy to the Secretary of the Federal grants to the Government of American Samoa.. General act providing for the neutrality and autonomous government Navy Department General Order No. 540, taking control of Samoa, Order No. 2657, to delimit the extent and nature of the authority of Preliminary deed of cession, April 2, 1900, from a History of American Ratification of cessions, 70th Congress, session II, chapter 281, 1929- Samoan claims decision, 1902, given by His Majesty Oscar II, King of Swains Island accession, 68th Congress, session II, chapter 563, 1925__ 112 Treaty-Samoan Islands, January 17, 1878, between the United States of America and the Government of the Samoan Islands... 72 SAMOAN ELECTED GOVERNOR THURSDAY, MARCH 23, 1972 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON TERRITORIAL AND INSULAR AFFAIRS Washington, D.C. The subcommittee met, pursuant to notice, at 9:57 a.m., in room 1324, Longworth House Office Building, Hon. Phillip Burton (chairman of the subcommittee) presiding. Mr. BURTON. The Subcommittee on Territorial and Insular Affairs is called to order. The hearings this morning are on H.R. 11523 and H.R. 12493. Without objection we shall insert in the record at this point the text of the two bills and the report of the Department of the Interior, dated March 22, 1972. (H.R. 11523 and H.R. 12493 and the report follow :) [H.R. 11523, 92d Cong., first sess.] A BILL To provide that the President of the United States shall designate as Governor and Lieutenant Governor of American Samoa the individual who is nominated by the electors of American Samoa for each such position, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (c) of the joint resolution entitled "Joint Resolution to provide for accepting, ratifying, and confirming the cessions of certain islands of the Samoan group to the United States, and for other purposes", approved February 20, 1929, as amended (45 Stat. 1253; 48 U.S.C. 1661), is amended to read as follows: "(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 the power to remove said officers and fill the vacancies so occasioned, except that the Governor and Lieutenant Governor of American Samoa shall be chosen in the following manner. The Governor and the Lieutenant Governor shall be elected by a majority of the votes cast by the people who are qualified to vote for the members of the Legislature of American Samoa. The Governor and Lieutenant Governor shall be nominated jointly, by the casting by each voter of a single vote applicable to both officers. If no candidates receive a majority of the votes cast in any nomination, on the fourteenth day thereafter, a runoff nomination shall be held between the candidates for Governor and Lieutenant Governor receiving the highest number of votes cast. The first nomination for Governor and Lieutenant Governor shall be held on the first Tuesday after the first Monday of November 1972, Thereafter, beginning with the year 1976, the Governor and Lieutenant Governor shall be nominated every four years. Within thirty days after the candidate for Governor and the candidate for Lieutenant Governor have been nominated, the President of the United States shall designate each such candidate as the Governor and Lieutenant Governor, respectively. The term of the Governor and Lieutenant Governor shall commence on the first Monday of January following the date of nomination and subsequent designation. The Governor and Lieutenant Governor shall have powers and duties not less than those provided for such officers by the Revised Constitution of American Samoa as of its effective date of June 2, 1967. The Legislature of American Samoa may establish any other procedures and rules with respect to the nomination of candidates for Governor and Lieutenant Governor which it deems necessary to carry out the provisions of this Act. [H.R. 12493, 92d Cong., Second Sess.] A BILL To provide that the President of the United States shall designate as Governor and Lieutenant Governor of American Samoa the individual who is nominated by the electors of American Samoa for each such position, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (c) of the joint resolution entitled "Joint Resolution to provide for accepting, ratifying, and confirming the cessions of certain islands of the Samoan group to the United States, and for other purposes", approved February 20, 1929, as amended (45 Stat. 1253; 48 U.S.C. 1661), is amended to read as follows: "(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 the power to remove said officers and fill the vacancies so occasioned, except that the Governor and Lieutenant Governor of American Samoa shall be chosen in the following manner. The Governor and the Lieutenant Governor shall be nominated by a majority of the votes cast by the people who are qualified to vote for the members of the Legislature of American Samoa. The Governor and Lieutenant Governor shall be nominated jointly, by the casting by each voter of a single vote applicable to both officers. If no candidates receive a majority of the votes cast in any nomination, on the fourteenth day thereafter, a runoff nomination shall be held between the candidates for Governor and Lieutenant Governor receiving the highest number of votes cast. The first nomination for Governor and Lieutenant Governor shall be held on the first Tuesday after the first Monday of November 1972. Thereafter, beginning with the year 1976, the Governor and Lieutenant Governor shall be nominated every four years. Within thirty days after the candidate for Governor and the candidate for Lieutenant Governor have been nominated, the President of the United States shall designate each such candidate as the Governor and Lieutenant Governor, respectively. The term of the Governor and Lieutenant Governor shall commence on the first Monday of January following the date of nomination and subsequent designation. The Governor and Lieutenant Governor shall have powers and duties not less than those provided for such officers by the Revised Constitution of American Samoa as of its effective date of June 2. 1967. The Legislature of American Samoa may establish any other procedures and rules with respect to the nomination of candidates for Governor and Lieutenant Governor which it deems necessary to carry out the provisions of this Act. U.S. DEPARTMENT OF THE INTERIOR. Hon. WAYNE N. ASPINALL, OFFICE OF THE SECRETARY, Washington, D.C., March 22, 1972. Chairman. Committee on Interior and Insular Affairs, House of Representatives, Washington, D.C. DEAR MR. CHAIRMAN: This is in response to your request for the views of this Department on H.R. 11523, a bill “To provide that the President of the United States shall designate as Governor and Lieutenant Governor of American Samoa the individual who is nominated by the electors of American Samoa for each such position, and for other purposes." The comments herein also apply to an identical bill, H.R. 12493. We recommend against the enactment of H.R. 11523 and H.R. 12493. H.R. 11523 would amend the Statute of February 20, 1929 (48 U.S.C. 1661) to provide for a popular election for the governor and lieutenant governor of American Samoa with the provision that after they are nominated by the electors, they shall be designated by the President as Governor and Lieutenant Governor respectively. |