Pago Pago, AMERICAN SAMOA — The two chambers of the American Samoa Legislature found themselves at odds last Friday, the final day of the Fourth Session of the 39th Legislature, over a Senate Concurrent Resolution calling for federal authorities to review the expenditure of approximately $15.6 million in questioned public funds. 

The measure was approved with little delay in the Senate earlier that day, with senators hoping it would also win House approval before lawmakers adjourned. However, the House took a different view, ultimately voting to table the resolution.

The measure, introduced by Senate President Tuaolo Manaia Fruean, sought to formally transmit information gathered by the Senate concerning the spending of the funds to several federal agencies for independent review and possible action.

Under the resolution, the Senate would forward the report prepared by the Senate Government Operations Committee, along with all supporting documents, findings, exhibits, conclusions, recommendations, testimony, and evidence collected during legislative hearings.

The package would also include hearing transcripts, financial records, investigative materials, and other evidence obtained during the committee's inquiry into the spending of the funds.

In addition, lawmakers proposed sending copies of two previously approved resolutions: one requesting the appointment of an independent prosecutor to investigate the expenditures, and another highlighting what senators have described as a constitutional dispute over the use of government funds without legislative appropriation.

The questioned funds total approximately $15.6 million and include:
— $10.1 million in American Rescue Plan Act (ARPA) interest earnings that were invested.
— $5.3 million in ARPA interest earnings reportedly used for government payroll expenses.
— $200,000 from the Opioid Settlement Fund that was spent on ASTCA's America250 celebrations held in July.

The resolution proposed sending the materials to the U.S. Department of the Interior, along with the U.S. Department of Justice, the U.S. Department of the Treasury, and the Government Accountability Office (GAO) for review.

Federal agencies would be asked to examine the information and determine whether any audit, compliance review, investigation, inspection, monitoring activity, referral, or other action authorized under federal law may be warranted.

The resolution specifically stated that the Senate was not accusing any individual of criminal or civil wrongdoing. Rather, lawmakers were requesting that federal authorities independently review the evidence and determine whether any further action falls within their respective jurisdictions.

The measure moved quickly through the Senate, where it received unanimous support.

Supporters argued that the seriousness of the issues raised during the Senate Government Operations Committee hearings warranted independent review by federal agencies that oversee federal funding and government accountability.

Senators had hoped the House would approve the resolution before the Fono adjourned for its year-end recess, paving the way for the immediate submission of the Senate's findings and supporting evidence to federal oversight agencies for independent review.

However, the proposal encountered resistance in the House.

House Speaker Savali Talavou Ale said he had already advised lawmakers the previous day to proceed carefully before referring the matter to federal authorities.

The Speaker noted that the Fono had already approved resolutions seeking the appointment of an independent prosecutor and requesting a judicial determination regarding the legality of the administration's spending of funds without legislative authorization.

According to Savali, local avenues for addressing the controversy have not yet been exhausted.

He cautioned that quickly turning to federal agencies to resolve matters that originated within the Territory could create the perception that American Samoa is unable to manage its own governmental affairs.

"The concern is that these issues should first be addressed through our own institutions whenever possible," he indicated during discussion of the measure.

Several representatives agreed with the Speaker's position, including Vailoata Eteuati Amituanai, Manavaalofa Tutuila Manase, Fagaima Larry Sanitoa, and Fiu Johnny Saelua.

The lawmakers said they had not been given sufficient time to review either the concurrent resolution or the extensive information collected by the Senate during its investigation.

They argued that before deciding whether to involve federal authorities, House members should have an opportunity to examine the evidence and fully understand the findings.

Vice Speaker Fetui Fetu Jr. initially urged the House to stand with the Senate and approve the measure.

However, after hearing concerns raised by fellow representatives, he indicated that he would defer to the wishes of the majority.

The House subsequently voted to table the resolution, effectively halting its progress as a concurrent resolution requiring approval from both chambers.

The House's decision did not stop senators from pursuing the matter. 

After receiving notice that the measure had been tabled, Senator Togiola T.A. Tulafono moved to convert the proposal from a concurrent resolution into a Senate resolution.

Unlike a concurrent resolution, a Senate resolution requires approval only from the Senate and does not require House concurrence.

The motion was approved unanimously by senators, allowing the Senate to move forward independently with transmitting the information package to federal authorities.

The action ensures that, despite the House's reluctance to become involved at this stage, the Senate can still formally provide federal agencies with the documents and evidence gathered during its investigation into the expenditure of the $15.6 million in questioned public funds.