Proposed Senate bill seeks to define new criteria for directors, heads of offices under the Governor’s Office

Pago Pago, AMERICAN SAMOA — Continuing the discussion about senators; concerns about the heads of bureaus or offices under the Governor’s Office not being confirmed by the Fono on Monday, the Senate Government Operations Committee held a hearing yesterday on a bill amending the requirements and criteria for these types of appointed heads of offices and agencies, as well as for directors of cabinet departments.

Introduced by committee chairman Senator Togiola T.A. Tulafono, the bill stipulates that heads of bureaus or offices who do not report to a department head, as well as all agencies or offices under the Governor’s Office, must be confirmed by the Fono.

The bill further requires that (all) directors be US citizens or US nationals of American Samoa ancestry, have resided continuously in the territory for at least 12 months prior to confirmation, and not have been convicted of a misdemeanor involving moral turpitude or a felony.

Although the hearing was publicized on social media, no members of the public attended to testify. However, according to Senator Togiola, the committee has received written testimony from members of the public, as well as sons and daughters of American Samoa serving in the military.

The first concern raised was from members of the military who return after serving and cannot apply for these positions because they do not satisfy the 12-month residency requirement.

Senator Togiola acknowledged this as a valid concern and pointed out that the 12-month residency requirement also exists in election laws which this bill is modeled after. However, members of the military who return to the Territory within one year after being discharged are exempt. In other words, they do not lose their residency if they return within one year after serving in the military.

The second concern was from members of the military who were born in American Samoa and are therefore categorized as US nationals, but both parents are from Independent Samoa. This makes them ineligible under the proposed bill, which stipulates that directors must be US citizens or US nationals of American Samoa ancestry.

Senator Togiola stated that the same applies to members whose parents are both Filipino, Chinese, or of any other nationality. He emphasized that this is also a very valid concern that deserves much consideration.

The committee chairman noted that a good example of a confirmation that may have to be nullified if the proposed amendments are not passed is the recent confirmation of Attorney General Gwen Tauiliili-Langkilde.

Togiola revealed that Tauiliili-Langkilde's father is a Samoan from Independent Samoa, and her mother is an American citizen with no ties to American Samoa. He said that if the proposed bill had been passed before the AG was appointed and confirmed, she would not have qualified to apply for the position.

Senator Togiola emphasized the deep connections between the two Samoas and encouraged senators to propose amendments that would permit US nationals of Independent Samoa ancestry serving in the military, to be eligible for these positions.

He quoted a Samoan proverb, "A person has more roots than a tree," highlighting that Samoans are one people and that their roots intertwine when tracing their history.

Senator Togiola reiterated that the task before them was complex and emphasized the importance of understanding that it is for the benefit of their children and descendants in the next ten to twenty years. He warned that without these amendments, future generations may find themselves at the beck and call of individuals who are not of Samoan ancestry.

Senate President Tuaolo Manaia Fruean proposed removing the word "American" from the sentence, "the bill requires that directors be US citizens or US nationals of American Samoa ancestry," so that it would read, "the bill requires that directors be US citizens or US nationals of Samoa ancestry."

Senator Togiola agreed with the proposed amendment.

Senator Utu Sila Poasa referred to individuals in situations similar to that of the Attorney General and proposed the creation of another section of the bill, which would require these individuals to have served faithfully and continuously for 20 years in the Territory.

Utu also supported the exclusion of members of the military who stay in the States for a couple of years after being discharged before returning to the Territory from having their residency exempt.

Senator Togiola clarified that the residency exemption for military personnel is specifically for those who have submitted American Samoa as their home of record. He stated that this recommendation came from the Senate legal counsel because those who fall into this category have their remaining taxes, after tax refunds, transferred to the American Samoa government.

Senator Tuana'itau Malaki Togiola expressed his concern regarding the people of Swains Island, noting that only those with Samoan ancestry are mentioned in the bill.

Togiola explained that the initial wording of the bill had addressed Tuana'itau's concern since Swains Island is part of the Territory of American Samoa. However, he mentioned that the Senate legal team is working on an appropriate term to include Swains Islanders in the amended version.

Senator Olo Uluao Letuli voiced his concerns that the bill might be interpreted as discriminatory because it bars people who have no connection to American Samoa but have lived and worked in the Territory for more than 20 years.

Olo cited the example of local resident and US citizen James McGuire, who has lived and worked in American Samoa for the past 50 years.

Togiola acknowledged Olo's concerns but argued that if the Fono gives precedence to anyone in this category, then anyone who lives in the Territory could go and live in the States for a certain period of time, obtain citizenship, and then return.

He reasoned that this would defeat the purpose of the bill, which is to ensure that US nationals of Samoan ancestry are appointed to leadership roles to run the government of American Samoa.

Togiola warned that if this bill is not enacted, the government will be run by non-Samoans, and in the near future, even the Fono could be composed of people who do not understand the culture and needs of the Samoan people.

He acknowledged that some may accuse the Fono of being pessimistic, but emphasized that action must be taken now for the future of their children and families.

The Sua senator stressed that it will be too late if nothing is done now. As an example, he pointed to the current situation in the Trump administration, where Elon Musk, who was born in South Africa and is now a US citizen, is leading the DOGE investigations and firing thousands of federal employees, causing much discontent among people.

Togiola stated that a person born in South Africa is now wreaking havoc in the US with a chainsaw, and that the same scenario could happen in American Samoa if they do not act now.

Senator Gaoteote Palaie Tofau stated that while the bill may sound discriminatory, it is for the future of their children and descendants, to protect their heritage from exploitation by people who are not Samoan but have the right to live in the Territory due to their US national or citizen status.

Senator Togiola admitted that the proposed bill is discriminatory, but emphasized that the reasons behind its creation are more important, which is to ensure that the American Samoa Government remains in the hands of their children and descendants.

Togiola pointed out that this is not a new concept and referred to the land ownership law, which stipulates that if one does not have 50 percent Samoan blood, they cannot own land. He mentioned that some US citizens have filed lawsuits at the US Supreme Court, claiming that the local land ownership law is discriminatory.

However, the US Supreme Court ruled that the discriminatory provisions in the local land ownership law are permissible because the protection of land and culture of American Samoa is of utmost importance.

The amendments will be incorporated into the proposed bill before it is submitted for a second reading.