Title 2 — Legislative

(a) The corrected daily copies of the journals of the Senate and House of Representatives, together with the indexes thereof, constitute and are the official permanent record of the legislative proceedings. (b) One copy of the daily permanent journals of the House and Senate must…

(a) The annual salary of the President of the Senate and the Speaker of the House is $30,000. (b) The annual salary of other members of the Legislature is $25,000. (c) The annual salary of the delegate from Swains Island is $20,000. History: 1962, PL 7-28;amd 1974, PL 17-51;amd 1…

No Legislature except the 15th, may raise its own compensation, but a Legislature may raise the compensation of succeeding Legislatures. History: 1977, PL 15-13 § 2. Reviser’s Comment: Section 3 of PL 15-13 provided: This act is only effective if the Secretary of the Interior app…

(a) There shall be paid in equal biweekly installments an annual expense allowance of: (1) $30,000 per annum to each member of the Senate and House of Representatives; and (2) $40,000 per annum to the President of the Senate and Speaker of the House of Representatives. (b) This a…

Any member of the Legislature, while acting as a member or as a member of any committee thereof, shall have authority to administer oaths to such persons as shall be examined before the Legislature or any committee thereof. History: 1988, PL 20-78.

(a) For the purposes of this section, contempt of the Legislature shall consist of any of the following acts: (1) knowingly arresting a member or officer of the Senate or the House, or procuring such member or officer to be arrested in violation of his privilege from arrest; (2) …

Annually, at a month to be determined by the President of the Senate, the Speaker of the House, and the Congressman, the President and the Speaker shall invite American Samoa’s Delegate to the United States House of Representatives to appear before the Legislature and give an add…

The Senate has 18 members. History: 1968, PL 10-38.

The Senate districts, and the number of Senators to be elected therefrom, shall be as follows: District 1: Fitiuta, Faleasao and Ta’u Counties, 2 Senators; District 2: Olosega and Ofu Counties, 1 Senator; District 3: Sa’ole County, 1 senator; District 4: Vaifanua County, 1 Senato…

Senators must be elected in accordance with Samoan custom by the county councils of the county or counties they are to represent. The decision of the members of the county councils must be certified by the county chiefs of such counties. History: 1968, PL 10-38.

(a) When vacancies occur in the Senate, the Governor, or the person exercising the functions of Governor, shall issue writs of special election to fill such vacancies, except that if any such vacancy occurs within 3 months of the next regular election, no special election may be …

The House has 20 members. History: 1962, PL 7-28; 1968, PL 10-35.

The House districts, and the number of Representatives to be elected therefrom, shall be as follows: District 1: Ta’u, Fitiuta and Faleasao, 2 Representatives District 2: Ofu, Olosega and Sili, 1 Representative; District 3: Vaifanua, composed of the villages of Alao, Aoa, Onenoa,…

(a) Elective officers of the Legislature must be elected by secret ballot, and by a majority of all the votes cast, at the opening of the Legislature. Before entering upon their duties, they shall take and subscribe the oath prescribed by the Constitution of American Samoa. (b) N…

The elective officers of the Senate must be a President of the Senate, who must be a member of that body, one secretary, and one sergeant-at-arms. History: 1962, PL 7-28.

The elective officers of the House of Representatives must be a Speaker, who must be a member of that body, one chief clerk, and one sergeant-at-arms. History: 1962, PL 7-28.

(a) The Secretary of the Senate and the Chief Clerk of the House serving at the close of a session shall remain in office until the meeting of the next legislative session, to act in their respective capacities until their successors are duly elected and qualified. (b) It is the …

(a) The President of the Senate shall appoint 1 first assistant to the secretary, 1 bill clerk, 2 trained proofreaders, 2 pages, 2 messengers, 1 tape recorder operator, not more than 5 expert stenographers and typists, and 1 translator to assist the Senate and its various committ…

(a) Each branch of the Legislature may remove its elective officers and discharge its employees. (b) In case of removal of an elective officer, the position shall be filled by secret ballot and by a majority of all the votes cast. History: 1962, PL 7-28.

There is, as an agency within the Legislature, a Legislative Reference Bureau for the use of the members of the Legislature. History: 1967, PL 10-7.

The Legislative Reference Bureau has the following powers and duties: (1) to assist the members of the Legislature in the proper performance of their functions by providing them with impartial and accurate information and reports concerning legislative problems that come or may c…

(a) The Legislative Counsel shall be the Director in charge of the Legislative Reference Bureau. (b) The Legislative Counsel shall appoint such technical, clerical, and stenographic assistance as may be necessary and as provided for under appropriations made for the bureau. Histo…

(a) Neither the person in charge of, any employee of, or any official assigned to work with the Bureau may reveal to any person outside of the Bureau the contents of matters of any request or statement for services except upon request of the person making such request or statemen…

(a) There is created a Legislative Financial Office. The head of the office is the Legislative Financial Officer, who is appointed by the President of the Senate and the Speaker of the House and compensated by the Legislature. The office is directly responsible to the Legislature…

The agencies of the government shall cooperate with the Legislative Financial Officer in order that he may carry out the investigations, studies, analyses, and reports so directed to him by the Legislature, by opening their records to the officer during normal working hours and t…

A code of fair procedures for legislative investigating committees is established to provide for their operation in a manner which will enable them to execute properly the powers and duties vested in them, including the conduct of hearings in a fair and impartial manner, consiste…

(a) “Investigating committee” means a committee created by law or resolution to inquire, research, or explore any matter on which the Legislature may act. All standing committees and their subcommittees are considered an investigating committee. (b) “Hearing” means any meeting in…

(a) An investigating committee may be established by law or by resolution. It may exercise its powers during sessions of the Legislature, and also in the interim between sessions when so provided by law or by the resolution by which the committee was established or from which it …

Each investigating committee shall adopt rules, not inconsistent with law or any applicable rules of the Legislature, governing its procedures, including the conduct of hearings. History: 1977, PL 15-56; amd 1988, PL 20-78.

(a) Each investigating committee may employ for the duration of the investigation professional, technical, clerical, or other personnel as necessary for the proper performance of its duties. Funds shall be made available to it by the house or houses which passed the law or resolu…

(a) An investigating committee shall consist of not less than 5 members. (b) A quorum shall consist of a majority of the total authorized membership of the committee. (c) No action may be taken by a committee at any meeting unless a quorum is present. Unless it is specified in th…

(a) An investigating committee may hold hearings as it considers appropriate for the performance of its duties, at such times and places as the committee determines. (b) The committee shall provide by its rules that its members be given at least 2 days written notice of any heari…

(a) By majority vote of all its members, an investigating committee may issue subpoenas, including subpoenas duces tecum, requiring the appearance of persons, production of relevant records, and the giving of relevant testimony. (c) An investigating committee is authorized to fil…

(a) Service of a subpoena authorized by this chapter shall be made in the manner provided by law for the service of subpoenas in civil actions at least 7 days prior to the time fixed in the subpoena for appearance or production of records unless a shorter period of time is author…

(a) All hearings of an investigating committee shall be public unless the committee, by majority vote of all its members, determines that a hearing should not be open to the public in a particular instance. (b) The chairman of an investigating committee, if present and able to ac…

(a) Every witness at a hearing of an investigating committee may be accompanied by counsel of his own choosing. Counsel’s role is limited to advising the witness as to his rights; provided, that limitations may be prescribed by the committee to prevent obstruction of or interfere…

(a) An investigating committee shall cause a record to be made of all proceedings in which testimony or other evidence 15 received or adduced, which record shall include rulings of the chair, questions of the committee and its staff, the testimony or responses of witnesses, sworn…

(a) Any person whose name is mentioned or who is otherwise identified during a hearing of an investigating committee and who, in the opinion of the committee, may be adversely affected thereby, may, upon his request or upon the request of any member of the committee, appear perso…

Every investigating committee shall produce an official report of its investigation. Unless otherwise required by resolution or law, such report shall be approved by a majority of the entire committee and shall be, without further approval of either house of the Legislature, cons…

Nothing contained in this chapter shall be construed to limit or prohibit the acquisition of evidence or information by an investigating committee by any lawful means not provided for herein. History: 1977, PL 15-56.

(a) A person shall be in contempt if he: (1) fails or refuses to appear before the committee in compliance with a subpoena or, having appeared, fails or refuses to testify under oath or affirmation; (2) fails or refuses to answer any relevant question or fails or refuses to furni…

(a) When a witness refuses to testify or provide requested information of any form or description, on the basis of the privilege against self incrimination, before an investigating committee of either or both houses of the Legislature the witness may be compelled to testify or pr…

(a) A person quilty of contempt under the provisions of this chapter shall be sentenced as for a D felony. (b) If an investigating committee fails in any material respect to comply with the requirements of this chapter, any person subject to a subpoena who is substantially prejud…

There is created a Future Political Status Study Commission, which shall consist of eleven members: (a) Two members shall be chosen from among the Senate membership by the President of the Senate. (b) Two members shall be chosen from among the House membership by the Speaker of t…

(a) The commission shall study alternative forms of future political status open to American Samoa and shall assess the advantages and disadvantages of each. (b) The commission shall study and appraise the history, the development and the present status of political units compara…

The Commission shall have power: (a) To hold hearings, to compel the attendance and testimony of witnesses, to order the production of documents and other tangible evidence, to administer oaths, and to cite for contempt; (b) To employ necessary staff, including consultants, and e…