Pago Pago, AMERICAN SAMOA — Senate President Tuaolo Manaia Fruean, along with five other senators — Soliai Tuipine Fuimaono, Magalei Logovi’i,  Togiola T.A. Tulafono, Fai’ivae Iuli Godinet and Satele Aliitai Lili’o are sponsoring a measure introduced last Friday, seeking to establish an investigative arm of the Senate to review the government’s operations and financial condition.

The Senate Select Investigative Committee (SSIC) will also investigate any unlawful actions, conflicts of interest or other unethical conduct, waste, fraud and abuse involving procedures, practices, receipt and expenditure of local and federal funds, violation of the anti-deficiency law, misappropriation of equipment, vehicles or funds and any other activities of misconduct involving government operations within all American Samoa Government departments, agencies and enterprise operations

Also included in the investigative review, is operations and financial expenditures for the ASG-owned airplane purportedly purchased using funds earmarked for Manu’a air services and not budgeted, for this operation and maintenance of the aircraft.

Additionally, review of property and liability insurance of the aircraft and for the compensation of the pilot or mechanic.

(The ASG plane — named “Segaula” — referred to in the measure, was purchased several years ago, during the Togiola Administration.)

The resolution, establishing the SSIC, identifies nine senators appointed by the Senate President to serve on the committee, with Togiola to serve as chair and Magalei as vice chair. Other members are Fai’ivae Iuli Godinet, Alo Paul Stevenson, Ma’o Fa’auma Gogo, Utu Sila Poasa, Uti Petelo, Fonoti Tafa’ifa Aufata and Poneafua Tapeni.

Additionally, other Senators may participate in the committee hearings, as permitted by the committee members selected to preside in any of the committee’s hearings.

According to the resolution, SSIC shall adopt rules consistent with provision of local statute, to govern its proceeding and conduct of its hearings, the giving of oath prior to taking any testimony, the subpoena of witnesses and subpoena duces tecum of government or private documents, records, files, records in digital format, emails, reports, etc., and other rules that the committee deems appropriate.

The measure notes that ASG continues to be a high-risk grantee on all federal grants; and the “Senate intends to investigate the past and current information on the financial condition of the government, including the procedures and operations of all government agencies and departments and enterprise operations.

Enterprise operations covered in an SSIC probe include American Samoa Power Authority, American Samoa TeleCommunications Authority, LBJ Medical Center, Development Bank of American Samoa.

According to the resolution, unless the unlawful, improper, wasteful, fraudulent and other abuses involving procedures, practices, receipt and expenditure of local and federal funds, violation of the anti-deficiency law, misappropriation of equipment, vehicles or funds and any other activities of misconduct involving government operations within all department and agencies of ASG “are exposed to the public and if action is not taken against those persons responsible for the misuse and abuse of federal and local funds — the fraud, waste and  abuse of these valuable local government and federal assets will continue to exist, and the persons responsible will be encouraged to continue with these unlawful and corrupt practices and activities without fear of retribution or punishment.”

It’s “prudent for us to continue to be mindful of the past federal criminal prosecutions,” the measure states but didn’t cite example of previous federal prosecution. “It is imperative, we do not repeat the mistakes we have made in the past.”

“It is important, as we are continuing to receive financial blessings from the federal government, in the form of Economic Impact Payments or Stimulus Checks, P-EBT food stamps for children who were eligible for school lunch but were not able to attend school due to school shutdowns, Advance Child Tax Credit payments, and the American Rescue Plan Act payment of $479 million and other additional grants, for us to be mindful stewards of these blessings,” the resolution declared.

According to the measure the Senate investigation of any unlawful, improper, wasteful, fraudulent and other abuses involving procedures, practices, receipt and expenditure of local and federal funds, violation of the anti deficiency law, misappropriation of equipment, vehicles or funds and any other activities of misconduct involving government operations within all ASG departments, agencies and enterprise operations “should prompt the Attorney General’s Office to prosecute these individuals to secure criminal convictions and to incarcerate them.”

Furthermore, the “prosecution of these individuals locally for violations of local criminal law and/or federal law, will restore the public confidence in the government that fraud, abuse and corruption will not be tolerated no matter what level of government or the private sector the individual or individuals may be employed or the public or elective office that person or persons may hold.”

The duration of the investigative committee is for the current 37th Legislature and if not in violation of law, to extend to the 38th Legislature, by reason that the Senate membership serves for two successive legislatures, unless sooner terminated upon completion of its investigation or further extended by resolution of the Senate.

Furthermore, the committee is authorized to hold and continue its proceedings and hearings during the regular sessions, any special sessions, any recess or interim periods of the 37th Legislature; and if not in violation of law to extend to 38th Legislature.

The Senate Concurrent Resolution to established the SSIC is assigned to the Senate Rules Committee for review and approval.

In past years, investigative committees in the Senate were established. And both Alo and Fonoti served in previous SSICs.