Swains Representative, Su’a Alexander Eli Jennings, is requesting Congresswoman Uifa’atali Amata to withdraw or suspend H.R. 6062 currently before the U.S. House Subcommittee on Indian and Insular Affairs.
H.R. 6062 seeks to remove Congress from the American Samoa Constitution’s amendment procedure.
A statement from Rep Jennings says the November 2022 American Samoa constitutional referendum saw a majority of American Samoans vote to give the Swains Island Delegate the right to vote in the local legislature for the first time in 62 years, along with 4 other constitutional changes.
On December 14, 2022, Governor Lemanu Peleti Mauga submitted the 5 proposed changes to the Secretary of the Interior, Deb Haaland. To date, no amendments have been approved or disapproved by the Department of the Interior or by Congress.
In a May 1, email to Congresswoman Uifa’atali, Rep Jennings said, “Our Constitution specifies only 4 months for DOI to review our Amendments then refer them for a Congressional review, not 17 months to an indefinite time at your request, in order to introduce and hopefully pass HR 6062 by both Houses of Congress…”. He also points out that removal of Congress from the approval process was not approved by the 2022 Constitutional Convention or the people of American Samoa and Swains Island.
Jennings was referring to Art. V, Sec. 3 of the Revised Constitution of American Samoa, which requires the Secretary of the Interior to approve or disapprove any proposed amendments to the American Samoa Constitution within 4 months after receipt.
Jennings pushed further asking for “a Congressional Review of the entire American Samoa Constitution, together with our recent Amendments, to determine whether inconsistencies in our Constitution discriminates against any class or race of U.S. Citizens or American Samoan Natives – including lineal descendants of Swains Island, under the framework of the U.S. Constitution.”
The Swains faipule wrote, “This is a desperate attempt to fulfill my obligations under a sworn oath to defend the Constitution of the United States and American Samoa, and the rights of every U.S. Citizen and American Samoan Native-including lineal descendant of Swains Island,”
Jennings stated that his request was the start of an appeal to the Federal Government for assistance “in lieu of ASG’s persistent refusal to discuss and resolve local matters critical to American Samoa and Swains Island.”
Jennings testified in opposition to H.R. 6062 on January 18, 2024 before the House Subcommittee on Indian and Insular Affairs. Since the hearing, Jennings has raised awareness of Swains’ lack of recognition as part of American Samoa, both traditionally and politically. To date, there has been no official action on H.R. 6062 since the January 18 congressional hearing.
Photo: Rep. Jennings with Congresswoman Hariet Hageman, Chair of the Natural Resource Subcommittee on Indian and Insular Affairs.
