Eni Faleomavaega

Mr. FALEOMAVAEGA

Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may consume. I again want to compliment the statements made earlier by my colleague and friend from Iowa (Mr. Leach) and certainly the gentleman from California (Mr. Royce) for bringing this legislation to the floor. I suppose we have a dream some day that soccer will become truly a sport in America as well and I hope to add rugby as well in the coming years for our country. I know we love football. I know we love baseball, but I think soccer and rugby ought to be added as well. Again, let us pass this resolution. Mr. Speaker, I yield back the balance of my time.

Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may consume. (Mr. FALEOMAVAEGA asked and was given permission to revise and extend his remarks.)

Mr. FALEOMAVAEGA. Mr. Speaker, I want to first thank the gentleman from California (Mr. Royce) for his leadership in managing this piece of legislation, and I rise in strong support of this resolution. Mr. Speaker, during this month the entire globe is entranced and spellbound with the developments of the World Cup. The World Cup, Mr. Speaker, is soccer's international championship, which is only held once every 4 years, and is bigger even than the Super Bowl, more intensely followed than even the World Series, and a quantum leap in global importance compared even to the NBA finals. While we in America may not be fully informed, in short, the World Cup is the largest and most important spectacle of sport on this planet and is watched by literally billions of people around the world. Mr. Speaker, as we deliberate, the first World Cup of the 21st century is being hosted by our friends and allies in the Asia Pacific region, the Republic of Korea and Japan; and I am honored to be a co- sponsor of House Concurrent Resolution 394, which commemorates this historic, groundbreaking occasion. I extend my deepest appreciation to the gentleman from California (Mr. Royce) and also my colleague on this side of the aisle, the gentleman from California (Mr. Becerra), for their foresight and diligence in introducing this important legislation; and I certainly further commend the gentleman from Illinois (Mr. Hyde), the Chairman, and the gentleman from California (Mr. Lantos), the ranking Democratic member, of our Committee on International Relations for their support in ensuring timely consideration of this measure. Mr. Speaker, the hosting of the World Cup by South Korea and Japan is historically significant for many reasons. To begin with, this will be the first time that the World Cup will take place in the Asia region. Furthermore, this will be the first time that two nations have jointly hosted the quadrennial soccer championship. Of even greater importance in symbolic significance, Mr. Speaker, is the opportunity that this World Cup presents for healing and repairing historic rifts or rivalries between South Korea and Japan. As many Members may be aware, relations between our two allies still remain highly sensitive, even given the legacy of what had happened during World War II. It is good to see that progress has already occurred. It is a sign of respect to its neighbors and co-hosts that even members of Japan's Imperial family attended the World Cup opening ceremonies in Seoul, the first-ever visit to South Korea by the Imperial family. Additionally, at the opening ceremonies, Japanese Prime Minister Koizumi shook hands and warmly embraced South Korea President Kim Dae Jung while welcoming the participants to Seoul and expressing his hope that the competition would serve as an occasion to unite the world and especially even the Asia Pacific region. President Kim, a recipient of the 2000 Nobel Prize, best summed it up by noting, ``Through these matches, humanity will become one, transcending racial, cultural, ideological and religious differences. Indeed, I hope that everyone in the world will be able to reconfirm the cherished values of world peace, security and prosperity for all.'' Mr. Speaker, in 1988, I was privileged to lead our delegation from American Samoa to the summer Olympics that were held in Seoul Korea, and I cannot help but offer my tribute and special commendation to the leaders of Korea on their industry and ability to build an $8 billion sports complex which they now enjoy very much as part of the World Cup matches. I commend the Korean people for their industry, their efforts in bringing democracy to this part of the region. Mr. Speaker, behind all the pageantry and exciting matches of the World Cup, this is also what is going on behind the scenes in South Korea and Japan. Let us all hope that the vision that President Kim and Prime Minister Koizumi have so eloquently spoken of will become reality with the spirit of competition and camaraderie that the World Cup has always epitomized. Enhanced relations between South Korea and Japan is critical to furthering our mutual interests in promoting peace, providing security and ultimately stability in the Asia Pacific region, and hopefully even throughout the world. To this effect, Mr. Speaker, I urge my colleagues to support House Concurrent Resolution 394 which properly honors our two closest allies in the Asian Pacific Region and conveys our best wishes for the success of the Republic of Korea and Japan as they co-host the world's greatest sports competition. Mr. Speaker, I reserve the balance of my time.

Mr. FALEOMAVAEGA

Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may consume. (Mr. FALEOMAVAEGA asked and was given permission to revise and extend his remarks.)

Mr. FALEOMAVAEGA. Mr. Speaker, as a cosponsor of H. Con. Res. 213, I am honored to speak on behalf of this legislation which focuses on the tragic plight of tens, if not hundreds, of thousands of North Korean citizens who have sought safety and refuge in the People's Republic of China. I deeply commend the primary authors of the legislation, the gentleman from California (Mr. Royce) and the gentleman from California (Mr. Becerra,) and also the gentleman from Illinois (Mr. Kirk) for his tremendous help on this legislation. Their hard work is just another example of the tremendous leadership they have demonstrated in chairing the U.S.-Republic of Korea Interparliamentary Exchange. I would be remiss if I did not also commend the gentleman from Iowa (Mr. Leach), the chairman of the Subcommittee on East Asia and the Pacific of the Committee on International Relations, with whom I have the distinct pleasure to serve as the subcommittee's ranking Democrat, for the attention he has focused on the North Korean humanitarian refugees' crisis. Our subcommittee recently held hearings on this troubling issue, and has contributed significantly to the final text of H. Con. Res. 213. I thank the chairman and ranking member of our Committee on International Relations, the gentleman from Illinois (Mr. Hyde), and the gentleman from California (Mr. Lantos), for their vital leadership and support in moving this measure for consideration on the floor. Mr. Speaker, many have advocated the citizens of North Korea are perhaps the least free of all the people living on this planet. Suffering from the past 5 decades under one of the world's most ruthless totalitarian regimes, the people of North Korea have been denied the most basic of human rights, have been isolated from one another, and have been cut off from the rest of the world by their government. As assistant Secretary of State for Democracy, Human Rights and Labor, Mr. Lorne Craner has recently testified regarding North Korea: ``The reports that make it out of North Korea paint a shocking, often horrifying, picture of brutality, oppression, injustice and deprivation. Individual rights are considered subversive to the rights of the State and the Party, with no freedom of expression, assembly or belief. The regime uses extreme suppression and a pervasive surveillance network to intimidate and instill fear in the population. It maintains control through terror, threat of severe punishment and the manipulation of privileges.'' Mr. Speaker, due to the DPRKs disastrous agricultural and economic policies, which have been compounded by natural disasters, the North Korean people have been made to suffer through a brutal famine that has killed well over a million, perhaps up to 3 million, of their fellow citizens and left a generation of their children physically and mentally stunted. I recall recently a statement made by the Senator from Hawaii, Senator Inouye, on his recent visit to North Korea, and the most unusual thing that he observed when he visited the capital of Pyongyang, there were no birds. He did not hear one bird noise ever in the whole area. It is just really, really terrible to consider this observation. Given these terrible conditions in North Korea, Mr. Speaker, it is not surprising that over 100,000 refugees, the vast majority of them women and children, have fled their homeland for northeast China. As many of us know, the plight of these North Korean refugees has received intense international attention recently, with several high-profile incidents where North Koreans have sought refuge in foreign embassies and consulates in the People's Republic of China. Right now in Beijing, 17 North Koreans languish in the South Korean embassy and two in the Canadian embassy after entering the diplomatic compounds and requesting asylum. In the past, China has attempted to turn a blind eye to the refugee crisis created by its Communist neighbor and quietly tolerated NGO efforts to assist the North Korean refugee community within its borders. Unfortunately, in response to the recent media attention and heightened international scrutiny, the People's Republic of China has chosen to enforce a crackdown on the refugee community, and they are being sent back en masse to North Korea to face certain imprisonment, torture or even death. Mr. Speaker, China's actions are highly regrettable and certainly in violation of international rules. The heart of the resolution before us rightfully urges that the Government of the People's Republic of China should stop the forced repatriation of North Koreans and that China meet its obligations as a signatory to the United Nations Refugee Convention of 1951 and the subsequent 1967 Protocol. To meet these treaty obligations, China should permit the UNHCR access so that an objective determination can be made whether these North Korean refugees have a well-founded fear of persecution before being shipped back en masse as economic migrants. Mr. Speaker, the Chinese Government is at a historic point in its relations with the rest of the world. China has just joined the World Trade Organization, will soon host the Olympic games, and has increasingly played an active role in key international foreign policy matters, including Afghanistan, the global war on terrorism and the India-Pakistan controversy. China's leaders need to understand that abiding by international agreements, including the United Nations Refugee Convention, is a crucial responsibility that major global powers cannot run away from. To the world, it is abundantly clear that the North Korean refugees in China are not simply fleeing for economic reasons, and it is important for their safety as well as China's reputation that a process be set up to interview the refugees to determine whether they have a well-founded fear of persecution before they are returned to North Korea. Mr. Speaker, the legislation before us addresses one of the most disturbing humanitarian tragedies now unfolding in the world and rightfully calls upon the People's Republic of China to work with our government, other nations in the region, and the United Nations to find a just and proper resolution of this refugee crisis. I urge my colleagues to support this legislation. Mr. Speaker, I reserve the balance of my time.

Mr. FALEOMAVAEGA. Mr. Speaker, it is my privilege to yield such time as he may consume to the gentleman from California (Mr. Becerra).

Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, not wanting to be repetitive, I want to again share with my colleagues the outstanding contributions of the chairman of our Subcommittee on East Asia and the Pacific, the gentleman from Iowa (Mr. Leach), for his insight and efforts that we have made in working on this resolution with our good friend, the gentleman from California (Mr. Royce), and the gentleman from California (Mr. Becerra). The fact that our country is contributing hundreds of millions of dollars, is the largest donor in food aid, in fact, to North Korea, I think gives emphasis to the fact that this issue is very serious. Certainly on our part, we are hopeful that the administration will continue to pursue this in all earnestness and see that some resolution is made concerning this issue of refugees coming from North Korea, going up to China. Unfortunately, the Chinese Government has been very uncooperative with the United Nations agencies to see that these refugees should be handled properly. Again, I want to commend my good friend, the gentleman from Iowa (Mr. Leach), for his leadership in working this legislation, especially with the leadership of the House as well, and also the gentleman from California (Mr. Royce), the gentleman from Illinois (Mr. Kirk), and other Members. Mr. Speaker, I again urge my colleagues to support this resolution. Mr. Speaker, I yield back the balance of my time.

Mr. FALEOMAVAEGA

Mr. FALEOMAVAEGA. Mr. Speaker, the purpose of this legislation is to treat restricted Indian lands in Eastern Oklahoma similar to Indian trust lands in other States. These lands are known as restricted as they are subject to Federal restrictions against alienation. In addition, this legislation will move responsibility and jurisdiction over probating, partitioning, leasing and transferring these restricted lands from the State courts of Oklahoma to the Secretary of the Interior. Again, this would treat restricted Indian State courts of Oklahoma, lands in Oklahoma, similar to Indian trust lands in other States. This bill affects lands owned by members of the Cherokee, the Creek, Muscogee, Seminole and Choctaw and the Chickasaw nations of eastern Oklahoma, which are historically referred to as the Five Civilized Tribes or Five Nations. Mr. Speaker, with all due respect, I want to know who the idiot was that coined this word ``civilized,'' because it implies these are the only five civilized tribes in the United States. It seems to suggest that the Nation of the Cheyenne or the Lakotas and others are not civilized, maybe a little Westernized, but not to suggest that they are not civilized. Mr. Speaker, treaty agreements between the Five Tribes or the Five Nations and the United States provided that land belonging to the tribes be held in fee but restricted from alienation status. This allowed the tribes to avoid the forced allotment of their lands under the General Allotment Act of 1887. This act was intended to destroy Indian reservations by breaking many into individual allotments, thereby making it easier to remove land held by the Indians. Indeed, the General Allotment Act, the wisdom of the Congress, resulted in the removal of millions of acres of Indian land and the horrendous fractionated ownership problems which exist even to this day. Federal law enacted on June 14, 1918, subjects restricted Indian land in Oklahoma to State statutes of limitation. What happened is this permitted restricted lands to be taken by adverse possession, and Indian trust lands elsewhere are protected from such action. The STIGRA Act of 1947 provided district courts in eastern Oklahoma jurisdiction, acting as Federal instrumentalities over transactions involving individual restricted Indian lands. The jurisdiction conveyed under the 1947 act included authority to approve conveyances; mineral leases; partition property, voluntarily or involuntarily; probate estates; and even determine heirs. Mr. Speaker, these laws have resulted in the loss of individual title to most of the original restricted lands. Most Indians die intestate. For the Five Nations this leaves disposal of their property to the discretion of the Oklahoma district courts. Indian heirs must hire private attorneys to pursue probate, heirship determinations, and deed approval for land conveyance. As a consequence, thousands of acres of restricted lands have not been probated. Additional lands are lost when non-Indian neighbors encroach on restricted Indian lands for the duration of the State statute of limitation and go to district court and claim title, and the Indian owner often is unaware of the implication of State adverse possession laws and is financially unable to fight it even in court. Mr. Speaker, I want to commend the gentleman from Oklahoma (Mr. Watkins) for his sponsorship of this legislation; and I also want to commend the gentleman from Oklahoma (Mr. Carson), and a member of the Cherokee Nation, for his strong support of this bill. Mr. Speaker, this bill would not be here on the House floor if it did not have the support and endorsement of our chairman of our Committee on Resources, the gentleman from Utah (Mr. Hansen), and our senior ranking member, the gentleman from West Virginia (Mr. Rahall). Mr. Speaker, this is a good bill, and I urge my colleagues to support this legislation. I want to thank our Democratic staff, Ms. Marie Howard, for the outstanding work she has done in the preparation of notes and memoranda for the Members to better understand the provision of this bill. I urge my colleagues to support this bill.

Mr. FALEOMAVAEGA

Mr. FALEOMAVAEGA. Mr. Speaker, after consultation with the local leaders of the American Samoa Government and to address the concerns of active duty military members whose home of residence is American Samoa, I rise today to introduce legislation to provide that active duty members of the military be able to fully participate in Federal elections in American Samoa by providing that the office of the Delegate from American Samoa to the United States House of Representatives shall be elected by a plurality of the votes cast. Since 1977, active-duty service members serving overseas or on the United States mainland have been excluded from fully participating and voting in both general and runoff Federal elections in American Samoa due to several factors, including local law that requires active duty military members to register in person, limited air and mail service between the United States mainland and American Samoa, and delays in the preparation of new ballots in the case of runoff elections. Despite notice that American Samoa law requiring uniformed and overseas voters to register to vote in person is contrary to the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.), American Samoa has not addressed this discrepancy between Federal and territorial law. Therefore, it is necessary to take additional action to ensure that the votes of active-duty service members are counted in Federal elections conducted in American Samoa. Mr. Speaker, it is also true that since 1980, when the first election for the Congressional Delegate from American Samoa was held, general elections have been held in the first week of November in even-numbered years and run-off elections have been held 2 weeks later. This practice of holding a run-off election two weeks after a general election is outdated, outmoded, and deprives active duty service members of the opportunity to participate in the Federal election process in American Samoa. Prior to and since September 11, 2001, it remains impossible for absentee ballots to be prepared and returned during a 2-week time period and, as a result, active duty members continue to be deprived the right to vote in American Samoa. Mr. Speaker, to the best of my knowledge, 49 states elect their Representatives to the United States House of Representatives by plurality and it is in the national interest and in the interest of active duty service members for American Samoa to do the same. I urge my colleagues to support this legislation and I thank you for your consideration.

Mr. FALEOMAVAEGA

Mr. FALEOMAVAEGA. Mr. Speaker, I am honored to rise in strong support of House Concurrent Resolution 405, which commemorates the independence of East Timor and supports the establishment of diplomatic relations with the newest member state of the international community. Mr. Speaker, I congratulate the good people and leaders of East Timor for their perseverance in overcoming centuries of colonization and decades of occupation by Indonesia to gain independence yesterday. With a tremendous sacrifice of blood and lives, the East Timorese people fought to exercise their right to self-determination, voting overwhelmingly in 1999 for independence. Today, their dream has become reality. Through the legislation before us, the Congress honors the achievement of the people of East Timor, urges diplomatic relations with the new government, and pledges continued U.S. support and assistance for the nation's economic and political development. The legislation further calls upon Indonesia for the release of East Timorese refugees held captive in West Timor camps and that our nation should maintain appropriate restrictions and prohibitions on engagement with Indonesia's military until accountability for the atrocities committed against the East Timorese people is reached. Mr. Speaker, while I share in the international community's joyous celebration for the East Timorese people, it is unfortunate that little attention has been paid to the people of West Papua New Guinea, who have similarly struggled in Irian Jaya to throw off the yoke of Indonesian colonialism. As in East Timor, Indonesia took West Papua New Guinea by force in 1963. In a truly pathetic episode, the United Nations in 1969 sanctioned a fraudulent referendum, where only 1,025 delegates handpicked by Jakarta were permitted to participate in an ``independence'' vote. The rest of the West Papuan people, over 800,000 strong, had absolutely no voice in the undemocratic process. Recently, the U.N. official in charge of the West Papua referendum, United Nations Undersecretary-General Chakravarthy Narasimhan, stated that the process which resulted in a unanimous vote was a ``sham'' and ``whitewash.'' Since Indonesia subjugated West Papau New Guinea, the native Papuan people have suffered under one of the most repressive and unjust systems of colonial occupation in the 20th century. Like in East Timor where 200,000 East Timorese are thought to have died, the Indonesian military has been brutal in Irian Jaya. Reports estimate that between 100,000 to 300,000 West Papuans have died or simply vanished at the hands of the Indonesian military. While we in Congress celebrate the attainment of independence, peace and justice in East Timor, Mr. Speaker, we should not forget the violent tragedy that continues to play out today in West Papua New Guinea. I would urge my colleagues, our great nation, and the international community to revisit the status of West Papau New Guinea to ensure that justice is also achieved there. Mr. Speaker, I strongly support the legislation before us and request that it be adopted by our colleagues.

Mr. FALEOMAVAEGA

Mr. FALEOMAVAEGA. Madam Chairman, I am honored to rise as an original cosponsor of H.R. 3994, the Afghanistan Freedom Support Act; and I would be remiss if I do not express my deepest appreciation to the chairman of our committee, the gentleman from Illinois (Mr. Hyde), and our own ranking member, the gentleman from California (Mr. Lantos), also, the chairman of our subcommittee on the Middle East and South Asia, and the gentleman from New York (Mr. Gilman) and the ranking member, the gentleman from New York (Mr. Ackerman). They have made such a tremendous contribution and leadership in bringing this vital legislation to the floor. Madam Chairman, now that the people of Afghanistan have been released from the repressive regimes of al Qaeda and the Taliban, they face a daunting task and desperately need the international community's support to rebuild their government, their society and their nation. While I support the body of the legislation, Madam Chairman, it glaringly fails to address the deteriorating security environment throughout Afghanistan which has become a crisis. Once outside Kabul, no one is safe, as humanitarian relief workers have been threatened, Loya Jirga election delegates murdered, and Afghan women and girls assaulted. I deeply commend the gentleman from California (Mr. Lantos) for focusing on this urgent problem and offering an amendment at a later point in time that requires the administration to submit a plan of action to address the immediate security crisis in Afghanistan, in addition to long-term security concerns. We cannot afford any longer to ignore this cancer that significantly threatens to derail Afghanistan's recovery. If we are truly serious about aiding the people of Afghanistan and that nation's development as a democracy, I urge my colleagues to adopt the Lantos amendment as well as this legislation, as amended, for final passage.

Mr. FALEOMAVAEGA

Mr. FALEOMAVAEGA. Mr. Speaker, I want to thank the gentleman from Massachusetts (Mr. Markey) and the gentlewoman from Nevada (Ms. Berkley) for their leadership roles in this debate. Mr. Speaker, why are we so bent on storing nuclear waste at Yucca Mountain? Is it because the U.S. has already conducted more than 1,000 underground nuclear bombs in the deserts of Nevada? How fair is it to ask the good people of Nevada to also be the sole keeper of our Nation's highly radioactive nuclear waste? How fair is it to transport nuclear waste across America's farm lands, which are easier targets for terrorists to attack? The fact of the matter is the largest concentration of nuclear reactors lies east of the Mississippi, and the risk of transporting highly radioactive spent fuel from these nuclear plants is a risk this Nation just cannot afford to take. Mr. Speaker, highly radioactive spent fuel or nuclear waste is one of the most toxic and dangerous substances known to mankind. For 10,000 years, highly radioactive spent fuel is dangerous to human life. Visit the Marshall Islands if my colleagues want to see the residual effects of some 66 nuclear bombs that were exploded in Micronesia. The reason why we discontinued testing in the Marshalls is because we found strontium 90 in milk products in Minnesota and Wisconsin. Visit the islands of Moruroa and Fangataufa in the South Pacific and ask the French Government if after detonating 220 nuclear bombs, that nuclear contamination is now leaking into the ocean in the Pacific Ocean, despite assurances from the French Government officials that this process is okay and is good for 1,000 years. Give me a break, Mr. Speaker. I fear the good people of Nevada are going to experience the same thing. If the Congress approves this project, the Department of Energy suggests there will be as many 108,500 surface shipments of nuclear waste making its way across the heartland of America. Another 3,000 shipments will make their way by barge across our waters. Mr. Speaker, whether we spend $1 or $100 billion to clean up our Nation's nuclear waste, any amount of money can never be equal to the life of any human being.

Mr. FALEOMAVAEGA

Mr. FALEOMAVAEGA. Mr. Speaker, I rise today to introduce a bill to provide American Samoa with treatment under the medicaid program similar to that provided to States. American Samoa receives only about $3 million annually in medicaid reimbursement. Each year, American Samoa's expenditures exceed its federal fiscal ceiling. For example, in FY 2000, Medicaid expenditures were $4,909,677, or $1,709,677 over ceiling. Although Congress adjusts the federal fiscal ceiling annually for the states based on the percentage change in the medical care component of the consumer price index for the preceding year ending in March, this adjustment has very little relation to the needs of American Samoa. The fact of the matter is American Samoa pays a higher federal match than 40 other states yet the per capita income in American Samoa is less that $4,500 per year. More than 56% of the population lives below the poverty level. All on-island heath care is provided by the LBJ Tropical Medical Center. Construction of the LBJ medical center was completed in 1967. The in- patient wards have not been renovated since this time. The patient wards have no air conditioning. Bathroom and washroom facilities are inadequate and many of these wards do not even meet fire safety codes and ADA standards and requirements. In order to meet fire safety codes and ADA standards, the LBJ Tropical Medical Center is in need of upgrading or installing restrooms, medical air, medical vacuums, piped oxygen, proper lighting, a nurse call system, a fire sprinkler system, and sufficient electrical outlets for medical equipment. However, the LBJ Tropical Medical Center does not operate at a profit and is consistently strapped for funds because every year medicaid expenditures exceed the federal fiscal ceiling. Mr. Speaker, I am not asking for millions of dollars to address the inequity that currently exists in the way we provide for the medicaid needs of American Samoa. I am simply asking that the federal ceiling for American Samoa be raised to $10 million. I am also asking that the calculations used to determine the federal match for the states be applied to American Samoa. Currently, our federal match is fixed at 50%. Year after year we're at 50% with no thought or review or consideration by Congress to adjust this match to more adequately address our needs. Mr. Speaker, it is time for the U.S. Congress to take this issue seriously. The bill I have put forth is a fair and reasonable approach to provide for the health care needs of low-income residents in American Samoa. I urge my colleagues to support this bill.

Mr. FALEOMAVAEGA

Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may consume. I want to remind my colleagues, this piece of legislation had the full, bipartisan support of the Committee on Resources. It also has the support of the administration, and I urge my colleagues to support this bill. Mr. Speaker, I yield back the balance of my time.

Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may consume. (Mr. FALEOMAVAEGA asked and was given permission to revise and extend his remarks.)

Mr. FALEOMAVAEGA

Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may consume. (Mr. FALEOMAVAEGA asked and was given permission to revise and extend his remarks.)

Mr. FALEOMAVAEGA. Mr. Speaker, I want to certainly thank the gentleman from Arizona (Mr. Hayworth) for his eloquent statement in support of this legislation. I also want to thank the Republican and Democratic House leadership, the gentleman from Utah (Mr. Hansen) and the gentleman from West Virginia (Mr. Rahall), our full committee leaders, and the gentleman from California (Mr. Radanovich) and the gentlewoman from the Virgin Islands (Mrs. Christensen), with the Subcommittee on National Parks, Recreation and Public Lands, for their support in bringing this bill to the floor today. H.R. 1712 will make adjustments to the boundary of the national park of American Samoa. Mr. Speaker, the U.S. territory of American Samoa is located approximately 2,400 miles directly south of Hawaii. The national park in American Samoa is located on three separate islands: Tutuila, Ofu and Ta'u. The islands of Ofu and Olosega, portions of which would be added to the park under this legislation, are small islands which lie adjacent to each other and are connected by a short bridge. In 1998, I received a request from the village chiefs of Sili and Olosega, on the island of Olosega, to include portions of their village lands within the national park. The chiefs noted the important role the park plays in preserving the natural and cultural resources of the territory, and indicated that the village councils believed there are significant cultural resources on village lands which warrant consideration for addition to the park. About 2 years ago I had asked the National Park Service to conduct studies to determine if there were cultural and natural resources on the island which warranted inclusion in the park. The park service completed reconnaissance surveys on the islands of Olosega and a portion of the island of Ofu and reported on both. The National Park Service concluded in part: the archaeological significance of Olosega Island cannot be understated. Sites on the ridgeline and terraces may offer an important opportunity for the study and interpretation of ancient Samoa. The number and density of star mounds (31), the great number of modified terraces, about 46 sites, and homesites of about 14, the subsistence system, and the artifacts available are all important findings. This is particularly significant in that they were recorded in only 3 days of visual surveys on only a portion of the island. The National Park Service researchers also discovered that on top of this particular island of Olosega, were several acres of medicinal plants that are found nowhere else in the Samoan islands. This leads me to my next point, Mr. Speaker, about the importance of this unique national park. One of the world's most renowned ethnobotanists, Dr. Paul Cox, who is currently the director of the National Tropical Botanical Garden on the island of Kauai in the State of Hawaii, conducted a series of research and study of several of the ancient Samoan medicinal plants. From one of these plants a substance called protrastin has now been discovered. It has been found that protrastin may have beneficial properties for the treatment of HIV/AIDS. About two weeks ago, my district was privileged to host one of the world's most renown marine ocean scientists, Dr. Sylvia Earle. Believe it or not, Dr. Earle continues to explore the ocean as a scuba diver, and in doing so, found that one of the rarest giant clams in the world can only be found in the Samoan islands. Mr. Speaker, the national park of American Samoa is continuing to develop. Established in 1988 by Public Law 100-571, the park took several years to become operational. Today, however, tourists are visiting and schoolteachers are using the park as an educational resource to help the students learn more about Samoan history and ancient culture, the environment and ecological conservation. The park is preserving the area within its boundaries; but as the population grows, from about 22 percent, considerable pressure has been placed on these undeveloped areas. The additions proposed by this legislation will preserve important sections of the remaining natural and cultural resources of the territory. Again, because of the historical significance of this park, I respectfully request and ask my colleagues to support this bill. Mr. Speaker, I reserve the balance of my time.

Mr. FALEOMAVAEGA. Mr. Speaker, again, I thank the gentleman from Arizona (Mr. Hayworth) for his eloquence and his remarks. Mr. Speaker, I yield back the balance of my time.

Mr. FALEOMAVAEGA

Mr. FALEOMAVAEGA. Mr. Speaker, I ask unanimous consent to vacate the ordering of the yeas and nays on the motion to suspend the rules and pass the bill, H.R. 1712, as amended, to the end that the Chair put the question on the motion de novo.

Mr. FALEOMAVAEGA

Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I commend the members of the Utah delegation for their bipartisanship in supporting this legislation. It goes without saying that this was also true when the proposed bill was brought before the Committee on Resources. I commend our chairman, the gentleman from Utah (Mr. Hansen), and the gentleman from Utah (Mr. Matheson) for their cosponsorship of this bill, and the gentleman from Utah (Mr. Cannon) for his remarks and his support. Mr. Speaker, I yield back the balance of my time.

Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I commend the distinguished chairman of the Committee on Resources, the gentleman from Utah (Mr. Hansen), for his eloquent remarks and as a cosponsor of this important legislation. Mr. Speaker, I yield such time as he may consume to the gentleman from Utah (Mr. Matheson), the chief cosponsor of this legislation.

Mr. FALEOMAVAEGA

Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may consume. (Mr. FALEOMAVAEGA asked and was given permission to revise and extend his remarks.)

Mr. FALEOMAVAEGA. Mr. Speaker, I certainly would like to commend my good friend and colleague, the gentleman from Arizona (Mr. Hayworth) for his management of this piece of legislation. Mr. Speaker, I rise in support of H.R. 3985, a bill to assist the Gila River Indian Community in the State of Arizona with the plans of economic development of tribal lands. I want to thank and congratulate again the two sponsors of this legislation, the gentleman from Arizona (Mr. Hayworth) and also my good friend, the gentleman from Arizona (Mr. Pastor) for their hard work in bringing this bill before us today. Both gentlemen from Arizona are good friends of Indian tribes and are often at the forefront of issues important to all of our Native American community. The Gila River Indian Community is one of the several Indian tribes which has taken full advantage of the proceeds it receives from a well- run gaming facility to diversify into a comprehensive economic development plan. It is a true success story that this Indian tribe, which not so long ago was impoverished, stands at the brink of becoming the home of the Arizona Cardinals National Football stadium. Years of good management, principles, smart business practices and innovative thinking on behalf of the tribal leaders has brought them to this point. In order to encourage business development on the Gila River Reservation, the tribe has adopted standard provisions in its commercial agreements which provide for arbitration should any dispute arise. This legislation will provide Federal court jurisdiction to enforce both agreements for arbitration and any resulting arbitration decisions. Unfortunately, many non-Indian businesses still lack a full understanding of tribal courts and remain uncomfortable with the prospect of pursuing disputes there. The tribe has asked Congress to provide this Federal court remedy to assist them in their economic pursuits. In a letter to the Committee on Resources ranking member, the gentleman from West Virginia (Mr. Rahall), Gila River Indian River Community Governor Donald Antone, Sr., wrote, ``The community has found this formulation to provide a level of comfort to certain non-Indian businesses who are largely unfamiliar with tribal governments and their judicial system.'' This is an example of tribal self-determination at its finest, and I wish to commend Governor Antone and the Gila River Tribal Council continued success as they blend their ancient culture with moderate economic developments to enhance the lives of all their members. Mr. Speaker, I just want to mention the fact that the Arizona Cardinals National Football team was mentioned here. I have had a couple of my cousins that have played for the Cardinals. In fact, one currently plays for the Arizona Cardinals. His name Ma'o Tosi. He is only six-foot-five and he weighs 300 pounds. I would like to offer my challenge to our Native American community, where are your Jim Thorpes and Jimmy Sixkillers? We need more of them. I would like to suggest to my friend from Arizona (Mr. Hayworth), I would be more than happy to accommodate any of your needs, if you need more Samoan football players for the Arizona Cardinal team. With this in mind, Mr. Speaker, I urge my colleagues to support this legislation. Again, I thank my good friend from Arizona (Mr. Hayworth). Mr. Speaker, I reserve the balance of my time.

Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I think this is also a classic example where we find that we recognize the sovereignty of our Native American people, but at the same time we also recognize that there is a sense of flexibility where if there are problems that are needful, not only from the business community, to allow issues that need to be taken or arbitrated or adjudicated, be taken to the Federal courts. I think this is an example of where the States and the tribes can work together and provide solutions to whatever problems arise. I think this legislation provides for that. Mr. Speaker, again I commend both of my friends, the gentlemen from Arizona (Mr. Pastor and Mr. Hayworth) for working together with our Indian tribes and with the members of the business community of Arizona that we now have provided a resolution to the problem that we have been faced with. I commend my good friend for his efforts. Mr. Speaker, I yield back the balance of my time.

Mr. FALEOMAVAEGA

Mr. FALEOMAVAEGA. Mr. Speaker, I rise today to introduce legislation which will repeal a provision in the Internal Revenue Code which requires certain federal employees in American Samoa to pay more in income taxes than a citizen with the same taxable income but who is not a federal employee. By way of background, U.S. citizens with incomes above a certain threshold and residing in a U.S. possession are required to file tax returns with the Internal Revenue Service or a territorial government on their world-wide income. In the past, U.S. citizen-residents of American Samoa were able to claim a dollar for dollar tax credit for all taxes paid or owing to the territory. The taxpayers claimed a foreign tax credit on their federal return, and the amount of the income tax collected by the IRS was either covered over to the American Samoa Government, or was returned to the taxpayers to be paid to the local government. Either way, U.S. citizens paid income taxes at the federal rates to the American Samoa Government. Section 931 of the Internal Revenue Code sets forth the general rule on income from sources within American Samoa, Guam and the Commonwealth of the Northern Mariana Islands. The general rule is that income derived from one of the specified possessions shall not be included as gross income for federal tax purposes. On its face, Section 931(d)(1) creates an exception to this general rule for federal employees who reside in one of these three territories, although the section is currently applicable only to American Samoa. Under this exception, a federal employee's income is considered as part of gross income. As incomes have risen in recent years, more taxpayers are not coming within the laws governing the alternative minimum tax (AMT). Under Section 59 of the Code (one of the AMT provisions), taxpayers can only claim 90 percent of their foreign tax credit against the taxes they owe to the federal government. The net result of Section 59 and 931 as they are applied to federal employees residing in American Samoa is that the federal employees have to pay the usual tax at federal rates, which is paid over to the territorial government. Some federal employee-taxpayers then pay an additional tax to the IRS. If the taxpayers were not federal employees, their federal wages would not be included in their gross income and they would not have to pay this additional tax. The legislation I introduce today will make Section 931(d)(1) of the Internal Revenue Code inapplicable to American Samoa. When this section is changed, these U.S. citizens will still pay taxes, and they will still be subject to the alternative minimum tax like any other taxpayer. Mr. Speaker, I see no reason we should require our federal civil workers to pay more in taxes than any other citizen does just because he or she has chosen to serve our government. I urge my colleagues to support this bill.