2026-10-07 - Senate (2)

00:00Foreign

00:09speech. Foreign speech. Foreign speech.

00:19Tattoos. Tattoos.

00:36All

00:40the

00:48>> [singing]

00:51>> for

00:56[singing]

01:02[singing] I know

01:06I know I Oh no

01:13Now

01:17for

01:36[singing]

01:39a Glory.

01:44[singing and music]

01:50[singing and music]

01:52Glor.

01:59[singing]

02:03[singing]

02:08[singing]

02:10Why

02:14are [singing]

02:18[singing]

02:20the Lord

02:22more? [singing]

02:29[singing]

02:40>> [singing]

02:41>> Are you gone?

02:56Fore! Foreign! Foreign!

03:37Fore

03:47city.

04:37for

05:06a lot Fear.

06:04Foreign

06:08speech. Foreign speech. Foreign speech.

06:18Foreign speech. Foreign speech. Foreign

06:20speech.

06:30for

06:44Amen.

07:00to

07:02ponu ponuya to

07:07shimasaki to

07:11leia

07:14toola

07:16[snorts]

07:27former for

07:57your

08:10Today,

08:37Fore!

08:46Foreign! Foreign!

08:56Fore!

09:06Foreign! Foreign!

09:16Foreign

09:23speech. Foreign speech. Foreign speech.

09:47a Senate concurrent resolution

09:49requesting the attorney general of

09:51American Samoa, the Honorable Gwen Tawi

09:54Lenildi to seek the appointment of an

09:57independent prosecutor to investigate

10:00matters raised during legislative

10:02budget. an oversight hearing concerning

10:05the expenditure of public funds without

10:08legislative authorization and to

10:11determine whether any violation of law

10:14may have occurred. Where whereas article

10:18two of the revised constitution of

10:20American Samoa vest legislative

10:23authority in the legislature of American

10:26Samoa entrust the legislature with the

10:29exclusive authority and responsibility

10:32to appropriate public funds for the

10:35lawful government governmental purposes.

10:38Whereas the constitutional requirement

10:41that public monies be expended only

10:44pursuant to duty and acted appropriation

10:47serves as a fundamental safeguard of the

10:50physical accountability, transparency

10:53and a separation of powers. The people

10:56of American Samoa are entitled to

10:58honest, transparent and accountable

11:01government. and public confidence in

11:04governmental institution is strengthened

11:06when public funds are managed and

11:08expended in accordance with the law.

11:12During the recent budget hearing and the

11:15legislative oversight proceeding

11:17conducted by the legislature of American

11:20Samoa testimonies and informations were

11:23present indicating that approximately 10

11:26million $100,000

11:29in interest earning associated with the

11:32American Samoa Rescue Plan Act may have

11:36been utilized obligated transfer and

11:40over wise expended with specific

11:43legislature legislative appropriation.

11:47Whereas testimony and information

11:50presented during legislative budget

11:52hearing and oversight proceeding further

11:56indicated that um approximately

11:595,300,000

12:01dollars in public funds were utilized

12:04for payroll and payroll related

12:06expenditure under circumstances that

12:09have raised question concerning the

12:12source of the fund and whether all

12:14required legislative appropriation and

12:17authorization were obtained prior to

12:20expenditure.

12:22Whereas testimony and information

12:24presented during the legislative budget

12:27hearing and oversight proceeding

12:32also raise question regarding the

12:34receipt transfer allocation or

12:38expenditure of approximately $200,000

12:42derived from the opium settlement

12:45proceeds and whether such fund were

12:47administered

12:49and expended in accordance with

12:52applicable law and legislative

12:54appropriation requirements.

12:57Whereas regardless of the source from

12:59which public monies are derived,

13:02including federal program earning,

13:04payroll funding source, settlement

13:07process, grants, or other governmental

13:10receipt question concerning the lawful

13:13appropriation and expenditure of such

13:16such monies applicable, the legislature

13:20constitutionally

13:21constitutional law, authority over

13:24public expenditure and the public

13:27interest in transparency and

13:30accountability.

13:31Whereas their matters collective concern

13:34approximately $15,600,000

13:38in public fund and warrant independent

13:42review to determine the relevant fact,

13:45the legal authority for such action and

13:48whether any violation of the law may

13:50have occurred. Because these questions

13:53concern the report reported expenditure

13:56transfer obligation and use of

13:59substantial public fund that implicate

14:02the legislaturator's constitutional

14:04authority over appropriation. The matter

14:07is of substantial public importance and

14:11warrant independent investigation

14:13pursuant to law. Whereas the legislature

14:17have continuing duty to protect the

14:19public treasury, preserve its

14:22constitutional appropriation authority

14:25and ensure the public fund are managed

14:27in a manner consistent with law. Whereas

14:32require the attorney general to conduct

14:34a pre preliminary investigation upon

14:37receipt of sufficiently specific and

14:41credible information indicating that a

14:44covered person may have violated

14:46territory criminal law and the

14:48information presented during legislative

14:50budget and oversight proceeding warrants

14:53consideration under the statute. Whereas

14:56the legislature find the public

14:58investment interest would be served by

15:01an independent investigative pursuant to

15:03chapter 8 of title four of the American

15:05Samoa code annotated into matters raised

15:09during legislative budget and oversight

15:11hearing concerning the arbor related

15:14interest in in earning payroll related

15:17expenditure opioid settlement fund and

15:21any related expenditure transfer

15:24obligation

15:25or use of public monies identified

15:28through such investigation. Now

15:30therefore be resolved that the

15:33legislature respectfully request the

15:35attorney general of American Samo to

15:38take such action as may be appropriated

15:41pursuant to chapter 8 title 4 of the

15:44American Samoa code annotated to seek

15:46the appointment of an independent

15:48prosecutor to investigate matters raised

15:52during legislature budget and oversight

15:54hearing concerning number one the report

15:57expenditure obligation transfer

15:59authorization

16:01for use of approximately $10,100,000

16:06in ARPA related interest earning. Two,

16:09the report use of approximately

16:125,300,000

16:14for payroll and payroll related

16:17expenditure. Three, the receipt

16:20transfer, allocation, administration,

16:23or expenditure of approximately $200,000

16:27in opioid settlement fund. And to

16:30determine whether such fund were managed

16:34appropriate, obligated transfer or

16:37expended in accordance with applicable

16:41constitutional and statutory

16:44requirements and whether any violation

16:47of law may have occurred. Be it for the

16:50resolved that the independence

16:52prosecutor be authorized to examine

16:54relevance, financial report,

16:57appropriation, contract, expenditure

17:01report, governmental approval,

17:03communication, voucher, payment record,

17:07accounting record, and any other

17:09material necessary to determine the fact

17:13and applicable law related to such

17:15matters. Be it further resolved

17:19That the independent prosecutor be

17:21authorized to investigate the action of

17:24any governmental official, employee,

17:27contractor, consultant or any other

17:30person who conducted may be relevant to

17:34the matter under investigation including

17:36person whose action were identified or

17:40discussed during the legislative budget

17:43and oversight proceeding such as

17:45Governor Pulalei Nikolola Pula.

17:48Brett Butler and any other individuals

17:51identified through the evidence

17:53provided. However, that the inclusion of

17:57any person person's name in this

18:00resolution shall not be construed as a

18:04finding of wrongdoing, but solely as

18:08recognition that questions concerning

18:10such conduct were raised during the

18:12legislative procedure. Be it further

18:15resolved that upon completion of such

18:18investigation, the independent

18:20prosecutor may issue finding

18:23recommendation consider consistent with

18:26the applicable law and prosecutional

18:30standard and may take or recommend such

18:33further action as may be warranted by

18:37the fact and the law. Be it further

18:40resolved that the legislature affirm the

18:43transparency, accountability,

18:46honest governance, and inherent

18:50constitutional appropriation

18:51requirements are indispensable

18:54to preserving public trust and

18:57confidence in the government of American

18:59Samoa.

19:15Foreign

19:20speech. Foreign speech. Foreign speech.

19:43intellect.

20:18Opioid

20:20settlement.

20:38for your

20:40territory.

20:54for

21:09my last settlement.

21:23File A250.

21:35Foreign

21:39speech. Foreign speech. Foreign speech.

21:49for

22:16Wow.

22:29Payroll. form.

22:59Foreign

23:12speech. Foreign speech. Foreign speech.

23:40Foreign

23:42speech. Foreign speech. Foreign speech.

23:52Not that much.

24:11every two weeks.

24:20Yeah.

24:31my phone.

24:41Yeah.

24:52of

25:16M.

25:39Foreign

25:48speech. Foreign speech.

25:58foreign

26:21speech.

26:51lawyer.

26:54Independent prosecutor

27:14tattoo of

27:34my

27:44My voice

28:17First,

28:25for

28:51my father.

28:5412.

29:22Money

29:23Settlement on opioid.

29:38You like

29:51resolution.

30:01Foreign

30:10speech. Foreign speech. Foreign speech.

30:43Senate Concurrent Resolution 39/19

30:47recognizing that an actual controversy

30:49exists

30:51Concerning the co governor's

30:53expenditure, transfer, investment, or

30:56obligation of unappropriated public

30:58fund, including ARPA invest interest

31:02earning and opioid settlement proceeds,

31:05affirming the legislature constitutional

31:08appropriation authority, and affirming

31:10the legislature intent to seek judiciary

31:14resolution of the controversy. Whereas

31:17article two of the revised constitution

31:20American Samoa vests legislative

31:22authority in the legislature of American

31:25Samoa and entrust the legislature with

31:28responsibility for the appropriation of

31:31public funds.

31:33Whereas the constitutional separation of

31:36power established by the revised

31:38constitution of American Samo are

31:41required that the executive and

31:43legislative branches exercise their

31:46respective powers within their

31:48constitutional limits. Whereas the

31:50constitutional requirement that public

31:53monies be expended only pursuant to duty

31:56and acted appropriation serve as a

31:59fundamental safeguard of fiscal

32:02accountability. transparency and

32:04separation of power. Whereas the people

32:07of American Samoa are entitled to

32:10honest, transparent and accountable

32:13government and public confidence in

32:16government institution is strengthened

32:18when public funds are managed and

32:21expended in accordance with the law.

32:24Whereas the legislature has

32:27constitutional duty to safeguard the

32:29public treasure and protect its

32:32exclusive authority over appropriation

32:35for the benefit of the people of

32:37American Samoa. The American Samoa

32:40government react received federal

32:42funding pursuant to the American Samoa

32:45rescue plan of 2021.

32:48Governmental process ARPA fund deposited

32:52and maintained by the ASG guarantee

32:55interest earning while such funds

32:58remained in governmental accounts and

33:00investment. Whereas the Senate and the

33:03House of Representative have conducted

33:06oversight hearings and budget hearings

33:08concerning the financial condition and

33:11operations of the ASG during the recent

33:14Senate oversight hearing and legislative

33:17budget hearing. testimony, financial

33:20record, and information presented by the

33:22officials of the executive branch

33:25revealed that certain public monies have

33:28been expended, transfer, obligated, or

33:32invested with our legislative

33:33appropriations. Whereas testimony,

33:36financial record and information

33:38presented during such hearing

33:40established that approx approximately

33:43$5,300,000

33:46derived from interest earned on ARPA

33:48fund was utilized for payroll and

33:51payroll related government expenditure

33:54without legislative appropriation.

33:57Whereas testimony, financial records and

34:00information presented during such

34:02hearing further established

34:04approximately 10,100,000

34:09derived from interest earned on ARBA

34:12fund was transfer committed and utilized

34:15for investment purpose without

34:17legislative appropriation.

34:20Whereas testimony, financial records,

34:22and information presented during such

34:24hearing further established that

34:27approximately $200,000

34:30derived from opioid settlement proceed

34:33was expended, transfer, obligated, or

34:36invested without legislative

34:38appropriation. The total amount of

34:40public monies reported, expended,

34:43transfer, obligated, committed, or

34:45invested without legislative

34:47appropriation exist 15 million

34:52six 15,600,000.

34:57Whereas a controversy exists concerning

35:00whether interest earned on arba funds

35:03and other public monies may be expended,

35:06transfer, invested, obligated or

35:09otherwise utterized without legislative

35:12appropriation under the constitution and

35:15laws of the American Samoa. The governor

35:17has asserted author authority to expand,

35:21transfer, invest, obligate or otherwise

35:25utilize such fund without legislative

35:28appropriation enacted by law. Whereas

35:31because this question concerned the

35:34reported expenditure transfer investment

35:37or obligations of more than $15,600,000

35:43$13,600,000

35:46in public fund and directly implicate

35:51the legislature constitutional

35:53authority over appropriation. The matter

35:57is of substantial public importance. The

36:00expenditure

36:03and transfer disclosed during Senate

36:06oversight and budget hearing directly

36:09implicate the legislature constitutional

36:12appropriation

36:13authority and present an actual and

36:18controversy regarding the scope of the

36:21governor's authority to expand public

36:25fund without legislative appropriation.

36:29Now therefore be it resolved by the

36:31Senate of American Samoa with

36:33concurrence of the House of

36:34Representative that the legislature

36:37recognize that an actual judiciable

36:40controversy existence concerning the

36:42governor's asserting authority to

36:44expand, transfer, invest, obligate or

36:47otherwise commit public fund without

36:50legislative appropriation. Be it for the

36:52result that the legislature affirms that

36:55it is constitutional powers of

36:57appropriation is an essential component

37:01of the separation of powers established

37:04by the revised constitution of American

37:06Samoa and that public monies may not be

37:08expended, transfer, invested, obligated

37:12or otherwise committed absent

37:14legislature authority authorization

37:17unless expressly authorized by law.

37:20consistence with the separation of

37:22powers established by the revised

37:24constitution of American Samoa. Be it

37:27further resolved the based on testimony,

37:31financial record and information

37:33disclosed during legislative oversight

37:36and public proceed. The legislature

37:38finds that judicial

37:41resolution is necessary concerning

37:44number one whether interest earned on

37:46ARPA funds constitute public money

37:49subject to legislative appropriation.

37:51Two whether appropriate approximately

37:545,300,000

37:56in ARPA interest earning was utiliz

38:00utilized for payroll and payroll related

38:02expenditure with legislative

38:05appropriation. three whether

38:07approximately 10,100,000

38:10in ARPA interest earning was transfer

38:13committed or invested without

38:15legislative appropriation

38:18for without

38:20weather approximately 200,000 in opio

38:24settlement process was expended transfer

38:28obligated or invested with our

38:30legislative appropriation five whether

38:33such action are consistent with the

38:36revised constitution of American Samoa

38:38and the legislature exclusive

38:41appropriation authority. Be it for the

38:43resolve that the legislature firm its

38:47intent to seek judiciary resolutions of

38:50these questions and to pursue such

38:53remedies as may be necessary to protect

38:56and preserve its constitutional

38:58appropriation authority.

39:03Presidential.

39:42forchech.

40:17Yeah.

40:21We

40:47Engeneral.

40:56for

41:21Foreign

41:31speech. Foreign speech. Foreign speech.

41:41Foreign

41:52speech. Foreign speech. Foreign speech.

42:11foreign

43:01for

43:13Amen.

43:16Yes. Yes.