2. Americans Abroad Have Unique Problems that Deserve Attention: Americans living abroad are a unique constituency sharing many common concerns. Whether they reside in Europe, Africa, Asia or the Americas, their daily lives are equally affected by the same extraterritorial extensions of U.S. laws and regulations. They also share the common infirmity of not having a voice of their own to speak out on their behalf and to promote and defend their interests when these are being addressed during the deliberations of the Congress.
 

3. Ineffective Representation Today: If they are aggregated together, the 4 million U.S. citizens living abroad equal the population of the 24^th largest State in the United States. Although they enjoy the right to participate in all Federal elections, their votes today are cast in 435 separate Congressional districts. As a result, the overseas American component in any given Congressional constituency is unlikely to exceed 1% of the total. It is no surprise, therefore, that many Members of Congress are unaware of the problems facing their overseas American constituents, and how U.S. laws and regulations may have been at the origin of these problems. Few Members have the background, knowledge, or staff resources to adequately address the concerns of those living abroad today.
 

4. A Delegate for Overseas Americans? In 1992, Congressman Ben Gilman (R-N.Y.) and his colleague, former Congressman Bill Alexander (D-Ark.), proposed that Overseas Americans be entitled to elect their own Delegate to the U.S. House of Representatives, with the same privileges and powers as the Delegates representing the inhabitants of American Samoa, Guam, the Virgin Islands, and Washington, D.C.⁽¹⁾
 

Their vision was that the Overseas Delegate to the Congress would be the official voice of the 4 million U.S. citizens living away from home. This Delegate would: inform other Members of Congress about the realities of life on the competitive front lines abroad, represent the views of overseas Americans on both foreign and domestic U.S. policy, and have the power to introduce legislation to redress grievances of the overseas American community. Like other Members of Congress and other Delegates today, the Overseas American Delegate would have the right to join the Caucus of one of the political parties, be assigned to Congressional Committees and Sub-Committees, and could eventually even chair a sub-committee or full committee of the House of Representatives.
 

5. Maintaining the Right to Vote for Members of Congress Back Home: The legislation introduced by Mr. Gilman and Mr. Alexander stipulated that voting for the Delegate for United States Citizens Abroad would not require overseas Americans to relinquish the right to vote for their Congressperson or Senators from their home state at the same time. As a Delegate cannot vote on final passage of legislation, there is no real redundancy in this extra representation.
 

6. The Time Has Come for A Delegate Directly Elected by the Overseas American Community: As globalization continues apace, and the challenges to the position of the United States in the world economy grow ever more complicated, nothing would contribute more to an enrichment of the debates that will be taking place in the Congress on these and other issues than a direct voice of the overseas American community. While the Gilman-Alexander proposal was not enacted during the 102^nd Congress, it was a very good idea then and should be enacted now.
 

7. A Delegate for Overseas Americans Would Be Good for All Americans: A voice speaking directly on behalf of the overseas American community would be an innovative addition to the deliberations of Congress, and would offer a unique opportunity to enhance the health, wealth, security and tranquility of all Americans, at home and abroad.
 

ACA
Geneva, Switzerland
31 January 2001
 

Section 1. Short Title.

This Act may be cited as the "Overseas United States Citizens' Representation in the Congress Act of 1992".

Section 2. Creation of Office of Delegate for United States Citizens Abroad.

United States citizens residing outside the United States shall be represented in Congress by a nonvoting Delegate to the House of Representatives (hereinafter in this Act referred to as the "Delegate"), who shall be elected in accordance with this Act.

Section 3. Qualifications of Electors; Commencement of Term of Office.

(a) Qualification of Electors. - The Delegate shall be elected by citizens described in section 107(5) (B) of (C) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-6(5) (B) or (C)) who have the right to register absentee for, and to vote by, an absentee ballot in Federal elections under such Act. Qualified electors who exercise the right to vote for the Delegate from Overseas shall not be required to relinquish the right to vote for the offices in the House of Representatives specified in section 107(3) of such Act (42 U.S.C. 1973ff-6(3)).

(b) Commencement of Term of Office. - The term of the Delegate shall commence on the third day of January following the date of the election.
 

Section 4. Qualifications of Delegate.

To be eligible for the office of Delegate, a candidate shall -

(1) be at least 25 years of age on the date of the election;

(2) not be, on the date of the election, a candidate for any other office;

(3) have been a citizen of the United States for at least seven years prior to the date of the election;

(4) have resided outside the United States for the six-month period ending on the date of the election; and

(5) be qualified to vote for the office of Delegate under section 2(a).

Section 5. Presidential Commission.

A three-member commission, appointed by the President, shall determine the procedures and regulations for the election to the office of Delegate, the method by which a special election to fill a vacancy in such office shall be conducted, the method by which ties between candidates for such office shall be resolved, the order of names on the ballot for such office, and all other matters pertaining to the office of Delegate not otherwise provided for in this Act.

Section 6. Compensation of Delegate.

Until the Rules of the House of Representatives are amended to provide otherwise, the Delegate shall receive the same compensation, allowances, and benefits as a Member of the House of Representatives, and shall be entitled to whatever privileges and immunities that are, or hereafter may be, granted to the Delegate from Guam.

Section 7. Definition.

As used in this Act, the term "United States", when used in the geographical sense, has the meaning given such term in section 107 of the Uniformed and Overseas Citizens Absentee Voting Act (2 U.S.C. 1973ff-6).

Section 8. Effective Date.

This Act shall apply with respect to elections beginning with the first general election held after the year in which this Act is enacted.
 
 

1. ¹ H.R. 4560, a bill introduced on March 25, 1992, in the 102nd Congress, 2nd Session, by Mr. Gilman and Mr. Alexander to "Create the office of Delegate for United States Citizens Abroad". See below for the full text of this legislative proposal.