Senate seeks to nullify certain requirements for amending American Samoa constitution

Pago Pago, AMERICAN SAMOA — The Senate has followed through with a motion approved earlier this year, to send a resolution to Congresswoman Uifa’atali Amata requesting appropriate legislation that would remove Congressional approval, which is required by law when it comes to amendments to the American Samoa Constitution.

The non-binding resolution, sponsored by Senate President Tuaolo Manaia Fruean, was introduced Tuesday and the Senate unanimously approved the measure the following day, Wednesday this week.

The resolution requests that Uifa’atali submit legislation to Congress to repeal the U.S Public Law 98-213 Section 12 and reinstate the authority to the American Samoa Government and its people to amend the Revised Constitution of American Samoa with the approval of the U.S. Secretary of Interior.

Federal law requires that after the Secretary of Interior reviews amendments to the Constitution of American Samoa it then goes to Congress for approval. However, the Senate Resolution points out that “there is a desire and need of the people of American Samoa” to repeal this federal law.

It says that over the past 55-years, the people and the territory of American Samoa “has grown tremendously as a self-governing and self-sufficient island nation. We as a territory are confident that we are more than capable of handling our internal affairs as they influence our daily livelihoods.”

According to the resolution, repealing the federal law “will eliminate the extra step” requiring Congressional approval for amendments to the local constitution. However, it made clear that the federal government’s presence would be acknowledged through the Secretary of Interior, who continues to act on its behalf.

“American Samoa has long valued its special relationship with the US federal government and looks forward to a continual harmonious co-existence,” the measure says. “The evolution of our nation is a reflection of the great strides that we are making as a territory and are grateful to the federal government for its role as our guiding nation.”

In late January this year, during a Senate Rules Committee hearing, the issue of the Congress having the final approval of amendments to the American Samoa constitution became one of the subjects discussed.

The Senate President informed senators during that hearing of the reasons behind the current federal law requiring Congressional approval. He recalled during the tenure of then-Congressman Fofo I.F. Sunia, he was concerned with only one-person, the Secretary of Interior, making the final decision on amendments to the local Constitution so the law was changed giving Congress that approval authority.

Tuaolo believes that it’s long overdue for the Senate to take up this matter now and suggested that the Fono work with Uifa’atali on the appropriate avenue to change the current law.

At the end of the discussion, the committee agreed to send a resolution to Uifa’atali asking her assistance with federal legislation removing Congress from making final decisions on changes to the local Constitution.

OTHER SENATE ACTIONS

In other actions this week, the Senate on Tuesday approved eight of the nine appointed members of the Development Bank of American Samoa (DBAS) board of directors, whose members required Senate confirmation only.

Members approved by vote are Rev. Tautua Fuiava, Fiapa’ipa’i Fruean, Eseta Sataua, Florida Tagomailelagi, Tauanu’u Semu Tauanu’u, and Vaimaona Fa’afetai I’aliva.

The Senate automatically approved the nominations of Sen. Malaepule S. Moliga and Rep. Vailiuama Steven Leasiolagi — since the two lawmakers were appointed by the Senate President and House Speaker to the board; and, therefore are officially confirmed.

Board-nominee Vaiausia E. Yandall didn’t attend the confirmation hearing that morning as he was under the weather and the Senate postponed its vote for a later time.

And on Wednesday, the Senate approved two of the four nominees to the American Samoa Visitors Bureau (ASVB) board of directors: Agnes Polu for the American Samoa Chamber of Commerce; and Hawaiian Airlines local station manager Tuli Fruean representing the airline/travel industry.

The pair appeared for a confirmation hearing earlier in the day, while the other two nominees, deputy secretary of Samoan Affairs, Tauese V. Sunia, representing the Office of Samoan Affairs and Poe Mageo representing the hotel industry, didn’t attend the hearing and therefore senators postponed their confirmation votes for a later time.