SAMOAN ELECTED GOVERNOR

THURSDAY, MARCH 23, 1972

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON TERRITORIAL AND INSULAR AFFAIRS

OF THE COMMITTEE ON INTERIOR 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

(1)

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.

Hon. WAYNE N. ASPINALL,

U.S. DEPARTMENT OF THE INTERIOR,
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.

American Samoa is an unorganized, unincorporated territory of the United States in which the Secretary of the Interior is responsible for the administration of civil government under authority of Executive Order 11026, dated June 29, 1951. The Governor of American Samoa, who is the chief executive officer, is presently appointed by the Secretary of the Interior. This Department fully supports and continually seeks to provide, through its administration of the civil government, an increased measure of self-government to the people of American Samoa. We consider the election of a territorial governor and lieutenant governor to be a necessary eventual step in this regard. We believe, however, that for democratic self-government to become successfully established in American Samoa, there should be careful and extensive preparation for the financial and organizational changes which should result from such an election, as well as procedures to insure public involvement and support of the change. Since H.R. 11523 would provide only for the immediate election of the governor and lieutenant governor, without provision for these necessary first steps, this Department opposes the enactment of the bill.

Over the years, substantial strides have been made in the development of the political and economic institutions of American Samoa.

The political history of American Samoa under the United States administration dates from enactment of the 1929 Statute. For hundreds of years, the basic political unit in Samoa has been the extended family composed of related kin. This "matai" system forms the economic and political basis for Samoan society and remains little changed today in Samoa. Upon this basic structure, a framework of representative institutions is being modeled after the American system. In recent years, there have been major advancements toward self-government for American Samoa. The first Samoan Constitution was adopted in 1960, and the opportunity for Samoans to revise their Constitution exists every five years through procedures which require the ultimate approval of a majority of the Samoan voters voting on the recommended amendments to the Constitution. The establishment, within the past year, of a full-time, salaried territorial legislative body with staff support has been a major step toward a truly representative government. Under the Revised Constitution of American Samoa, the legislative branch (Fono) is composed of the House of Representatives which is popularly elected by the voters of American Samoa, and the Senate, which remains an appointed body composed of traditional Samoan family representatives. The Report from the Future Political Status Study Commission to the Eleventh Legislature of American Samoa, of February 1970, recognized the need to popularly elect both houses of its legislature in order to pave the way toward complete self-government. While the Fono in 1971 proposed several amendments to the Constitution, including the above stated amendment for a full-time, salaried legislature which was approved by referendum, the Fono did not adopt any amendments with respect to the election of the Senate.

The executive branch of the Government of American Samoa has been characterized by the replacement of United States personnel by qualified American Samoans. In the past two years, for example, this continuing program has enabled approximately 130 Samoans to fill governmental positions previously held by Americans. The base compensation for these positions has been made equal to the previous American salary, and a retirement system has been introduced for all employees of the Government of American Samoa. The third branch of government, the judicial system of American Samoa, is made up of a High Court with justices appointed by the Secretary of the Interior and District Courts consisting of Samoan judges. The court system has recently been completely reorganized, resulting in the reduction of the backlog of cases, and work has commenced for the codification of the laws of American Samoa.

While we recognize and take pride in the political advancements made by the American Samoans, this Department acknowledges that many necessary and desirable changes still lie in the future, among which is the popular election of the governor and lieutenant governor. Legislation providing for the election of a governor should establish methods to insure that the timing and responsibilities turned over are fully consistent with the desires of the people of American Samoa. The Report from the Future Political Status Study Commission recommended the popular election of their own governor. The Commission, however, cited the need for public participation regarding such changes in their political

status when they stated in the report, "The question is not whether the people are 'ready' to elect their own governor, but rather whether they desire (emphasis added by the Commission) to elect their own governor . . . even if the idea of an elected governor is accepted immediately, the earliest it can possibly be put into effect is 1974 or 1976." This Department believes that such a future timetable allowing perhaps 4-6 years before the election of a governor is realistic. The interim period provides the necessary opportunity to study and implement the associated constitutional, political, organizational, and financial changes which should result from such an election and to determine the attitudes of the people of American Samoa on an issue of this magnitude.

The organizational relationships between the proposed elected governor and lieutenant governor and the other officials and bodies, at both the Federal and territorial levels, should be clarified. We consider the popular election of a territorial governor to be an indication of a new relationship between the territorial government and the Department. H.R. 11523, however, would make no adjustments, other than the election of the two top officials, to this important relationship.

We believe there should be procedures established to insure accountability for Federal funds under the proposed new governmental system. While the governor is presently a Federal appointee, a federally independent governor would make it more difficult to insure the proper responsibility for the use of Federal funds. Problems in this area can, however, be avoided by careful consideration and planning. Steps have already been taken in this direction with the establishment of the joint budget review process between the executive branch and the Fono. This procedure allows the legislature a strong voice in the preparation of the territory's budget. In addition, consideration is being given to the refinement of the internal accounting procedures, methods for imposing tighter cost controls, and increasing the oversight responsibilities of the present fiscal affairs officers.

We believe some clarification is also required of the future financial relationship between American Samoa and the United States. At present, the Government of American Samoa relies upon Federal grant funds and direct Congressional appropriations for two-thirds of its annual budget, despite growing local tax revenues. This level of dependence is consistent with the present governmental structure. However, there should be careful advance fiscal planning to minimize territorial dependence upon direct Federal funding under a more independent governmental arrangement.

In this regard, we anticipate that a substantial Federal investment will continue to be required in American Samoa during the next few years. It is necessary for American Samoa to continue to develop a physical infrastructure that will encourage and sustain economic development and social progress. Our efforts will continue to be directed toward the construction of adequate water, sewerage, power and communication systems. The present budget proposal for Fiscal Year 1973 totals $27.5 million. The construction of a new electric power generating plant, and transmission facilities begun in 1972 will improve system reliability and increase capacity sufficient to accommodate projected demands through 1975. A major new highway construction program is underway, a complete modern telephone system is being installed, and major improvements are to be made to the airport and harbor facilities, all of which will encourage and provide opportunities for greater communication among American Samoans and the rest of the world. In the field of education, a new Community College has been established and is attended by over 1,000 students. There is almost universal enrollment in the elementary and high school systems, and approximately 3.000 children are attending early childhood education classes. Operation of this educational system is expensive, and new construction will be necessary to meet increasing future demands. The program is presently being expanded to provide increased opportunities for vocational training and assistance to students who qualify for college and professional training. This will provide American Samoa with a work force with the necessary skills and education to meet the greater demands of self-government.

In summary, there are many critical factors relating to the election of a governor and lieutenant governor which must be resolved prior to making this important change in the Samoan governmental structure. We favor the future popular election of a governor and lieutenant governor by the people of American Samoa, but we are convinced that this important sten should be well-planned, and in advance, we shall continue to provide every assistance within our means

to promote the process of political development and advancement toward selfgovernment.

The Office of Management and Budget has advised that there is no objection to the presentation of this report from the standpoint of the Administration's program.

Sincerely yours,

HARRISON LOESCH, Assistant Secretary of the Interior.

Mr. BURTON. We have before us today two bills, H.R. 11523 introduced by myself, Congresswoman Mink, and Congressman Begich, who are members of the subcommittee, and H.R. 12493 introduced by Congressman Matsunaga who has also shown deep interest in the future of American Samoa. Both of the bills provide for an elected Governor and Lieutenant Governor for American Samoa and there is practically no difference in their language. Without objection, the two bills shall be included in the record.

I would note that this year is the 100th anniversary of official American involvement in the affairs of Samoa. In 1872, a treaty was negotiated for the exclusive use of Pago Pago Harbor. However, the treaty was not ratified by the U.S. Senate. It was not until 1900, after much big power diplomacy, that the U.S. Government began administering the territory. Since 1960, American Samoans have been electing their legislature with the lower house being chosen by popular ballot. The legislature in 1969 appointed a political status commission which recommended that American Samoa continue as an unorganized, unincorporated territory of the United States. The commission also recommended that the people of American Samoa elect their own Governor. (I would note that there has already been one Samoanappointed Governor-Mr. Peter Coleman, who is now Deputy High Commissioner of the trust territory.)

The subcommittee had hoped to visit American Samoa last year. We were very disappointed that the unexpectedly long session of the Congress prevented us from making the trip. I hope we shall have the opportunity in the future of visiting that beautiful island.

I wish to welcome the representatives of American Samoa to this hearing. I note with regret that Speaker Utu is ill, and I am sure that my colleagues on the committee join me in wishing him a speedy return to good health.

Mrs. Mink, as our first witness, is there anything you would like to present to the committee?

STATEMENT OF HON. PATSY T. MINK, A REPRESENTATIVE FROM THE SECOND DISTRICT OF HAWAII

Mrs. MINK. Yes, Mr. Chairman.

Mr. Chairman and members of the committee and the chairman of the full committee, I appreciate this opportunity to testify in support of a bill which I cosponsored providing for the popular election of the Governor and Lieutenant Governor of American Samoa.

April will mark the 72d anniversary of the raising of the American flag over the territory of American Samoa. In these 72 years, the association has for the most part been beneficial to both sides. This has been fortunate but also somewhat accidental. American policy toward American Samoa has often been one of neglect.