L&L Platform

Summary Overview

Under the best conditions, affecting change in government operations is challenging. Using technology to simplify processes, updating regulations through the legislative process, and administering governmental operations ethically and morally are essential for sound fiscal management. Under the Lemanu & La’apui administration, significant progress has been made in implementing these improvements and changes to better serve and respond to our people's needs.  

Fiscal Responsibility, Compliance & Accountability

Passed Legislations

SMART Governance effectiveness is rooted in the ability to pass legislation to bring about meaningful and lasting improvements to governmental operations:

• Education – supporting our local ASCC with additional funding resources
• Child Tax Credit and Earned Income Tax Credit– allowing the advance and distribution concurrent to the ARPA Act. This EITC is a new opportunity for eligible family members, similar to the Additional Child Tax Credit. Successful negotiation will continue to benefit our eligible families.
• Supporting our Public Safety with needed vehiclesShoring our retirement fund with the gradual increase in contribution.
• Samoan Language Commission and Affirming the official language of the territory
• Establishment of new departments to streamline and create a more effective management of resources and operations
• Assist families with long standing land and title concerns, allowing the High Court jurisdiction
• WICHE bill supporting youth
• Styrofoam Bill providing for a safe and clean environment
• Designation of Coral Reef as a critical infrastructure
• Expanded powers of arrest to support our police at entry points into the territory.

The following summarizes legislation passed thus far in our administration: 

• Supporting revenues for our community college
Adding $.03 to the Tobacco Tax
PL 37-2

• Child Tax Credit
Allowing advance child tax credit payments under ARPA
PL 37-4

• Appropriation from Traffic Rehabilitation Fund
$211,707.06 for a motorcycle, 3 police trucks, substation computers and printers
PL 37-5

• AS Board Members
Allowing AS Retirement Board members to be fund members
PL 37-7

• Legislators, Governor's and LT's compensation
Increasing Legislators' expense fund and Gov's/LT's salaries
PL 37-8

• Samoan Language Commission
Creating the Commission, repealing the English only instruction policy, and establishing the official languages of AS
PL 37-9

• ASGERF
Gradually increase contributions for both employers and employees to resolve the unfunded liability and solvency of the fund.
PL 37-10

• Earned Income Credit
Allowing earned income credit payments pursuant to ARPA
PL 37-11

• Marriage License Requirements
Fono initiated bill - Removing the 30-day waiting period
PL 37-13

• Corrections
Establishing the Dept. of Corrections
PL 37-14

• Former Governor's Allowance
Amending to match the current salary of the governor's
PL 37-15

• Search and Rescue
Establishing the Dept. of Search and Rescue
PL 37-16

• Purse Seiner Licensure Bill
This bill was requested by the Administration during the last session.  It has been reintroduced by the House.
PL 38-2 

• Samoan Affairs and CIDS
Provides for High Court jurisdiction of land/title disputes after 6 months at Samoan Affairs
PL 38-3

• Western Interstate Commission on Higher Education (WICHE)
Bill is necessary for AS to join the Western Regional Education Compact.
PL 38-4 

• Bill to Fix Tax Issue
Codifies current practice of setting deduction levels at year 2000 IRC levels in response to court case
PL 38-7 

• Fono Compensation Increase
Increases legislators' expense accounts
PL 38-9 

• Samoan Language Commission Membership
Clarifies the number of members
PL 38-10 

• Selection Process of Senators
Establishes a deadline for the determination of candidates and requires verification of qualification credentials
PL 38-11 

• Styrofoam Ban Bill
Bans import, defines acceptable alternatives, temporarily reduces excise tax
PL 38-12 

• Coral Reef as Critical Infrastructure
Designating Reef as critical infrastructure and granting the Director of DMWR rulemaking authority
PL 38-13 

• DPA Expanded Powers of Arrest
Bill grants arrest powers to DPA officers in ports of entry only.
PL 38-14 

Rule Reform

The Rule Reform Initiative consists of two distinct actions: First and foremost, we needed to compile and consolidate all existing rules into a single document easily accessible to the public. Secondly, we needed to review and then reform any rules that have become regulatory burdens on the people of American Samoa Comprehensive Administrative Rule Reform Project.

In early 2021, the Panel designated this the Comprehensive Administrative Rule Reform (CARR) Project. Subsequently, the panel designed, reviewed, and approved a training curriculum and a set of tools to guide and assist the designated Rule Reform Officers (RRO) from each respective department. 

The Secretary is constitutionally tasked with preserving the laws and executive orders of the Territory of American Samoa as mandated by the Constitution and other duties as may be assigned by the Governor. Furthermore, he is statutorily tasked with compiling, indexing, and publishing all effective rules adopted by each agency. The Secretary’s Mission is to standardize an efficient and coherent rulemaking system per the Constitution and the Administrative Procedures Act of 1969.

“The Secretary of American Samoa shall compile, index, and publish all effective rules adopted by each agency. Revised or supplemented compilations shall be published at least once every 2 years. Compilations shall be made available upon request to agencies and officials of the government free of charge and to other persons at prices fixed by the Secretary to cover mailing and publication costs.” The objectives of the Secretary have launched two initiatives to facilitate his constitutional, statutory, and assigned duties: (1) the Rule Reform Initiative and (2) the Modernization Initiative. 

Manuscript: Compile & Publicize all Rules (1990-2021)

• The last official compilation of All the Rules in American Samoa was printed in 1982, with a supplement that was printed eight years later in 1990. 

• Throughout 2021, the Panel has gathered 32 years' worth of rules and regulations promulgated by all ASG’s departments, agencies, offices, boards, and commissions and placed them into a Manuscript to be made available to the public.

• The Manuscript also serves the distinct purpose of establishing a starting point from which sensible and orderly rule Reform can be made, not to mention making these Rules available to the public in a single cohesive document.

• The Manuscript has been circulated to the Fono Leaders, the Judiciary, and the American Samoa Bar Association Law Reform Committee.

• Digital copy is made available on the American Samoa Government website.

Modernization Initiative 

• With the Rule Reform Initiative well underway, we are now taking the next step of modernizing the role of the Secretary of American Samoa.

• Statutory Establishment: Office of the Secretary of American Samoa.

• To ensure retention of the long-term benefits of the Project, we are in the process of statutorily establishing and expanding upon the role of the Secretary, who will then be given the resources and, ultimately, the responsibility of ensuring all the Rules are compiled and published consistently, that all the Rules promulgated from this point forth fully comply with the tenets of the Administrative Procedures Act, and that the People of American Samoa do not have to wait another thirty-plus-years before the Administrative Code is updated.

Digitization Project

All of the Rules promulgated by ASG between 1990 and the present, as well as the Public Laws passed by the Fono, all Executive Orders issued by the previous and current administrations, and General Memos, are in the process of being scanned and digitized for posterity. 

To carry out this aspect of the initiative, a systemized approach is being developed and tested to make this a reality. This includes the purchase of scanning equipment to scan these documents, the purchase of a document management system to serve as our database within which these documents are stored, organized, and made readily accessible, and lastly, the development of a publication system to ensure these documents are available to the public on demand via a locally designed and implemented website using locally available talent. 

This initiative also encompasses the current duties of the Secretary. For example, plans are developed to promote efficiency in providing Notary Commission services to those interested in becoming public notaries. This is to be accomplished by making Notary Courses available online and on-demand and making the Notary examinations available online to be taken at the convenience of the Notary applicant. Annual certification is ongoing to ensure continuity. 

Conclusion

The Lemanu & La’apui administration has diligently pursued fiscal responsibility, compliance, and accountability by passing critical legislation and implementing innovative governance practices. By enhancing support for education, public safety, and essential social services, alongside critical environmental protections, we have laid a solid foundation for sustainable growth and prosperity in American Samoa.

Our rule reform and modernization initiatives have streamlined governmental operations and ensured that our regulatory framework is transparent, accessible, and efficient. The digitization project further exemplifies our commitment to leveraging technology to enhance public access to vital information and services.

Through these concerted efforts, the Lemanu & La’apui administration is transforming governmental operations to better serve and respond to our people's needs. We remain steadfast in our mission to uphold ethical standards and sound fiscal management, ensuring a brighter future for all residents of American Samoa.