American Samoa Emergency Management and Homeland Security Statutory Authorities Summarized

American Samoa Emergency Management and Homeland Security Statutory Authorities Summarized

Order Code RS21803
April 2, 2004
CRS Report for Congress
Received through the CRS Web
American Samoa Emergency Management
and Homeland Security Statutory Authorities
Summarized
Keith Bea
Specialist in American National Government
Government and Finance Division
L. Cheryl Runyon and Kae Warnock
Consultants
Government and Finance Division
Summary
The Territorial Disaster Assistance Act of American Samoa addresses hazard
mitigation and preparedness. The governor is authorized to issue an executive order to
declare an emergency, which begins the emergency response process. Continuity of
government operations provisions address vacancies in the offices of governor and
lieutenant governor, chief justice and associate judges. The statute has established a
disaster contingency fund. The governor may enter into mutual aid compacts to assist
with disasters.
This report is one of a series that profiles the emergency management and
homeland security statutory authorities of the 50 states, the District of Columbia, the
Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico,
and three territories (American Samoa, Guam, and the U.S. Virgin Islands). Each
profile identifies the more significant elements of state statutes, generally as codified.
Congressional readers may wish to conduct further searches for related provisions using
the Internet link presented in the last section of this report. The National Conference of
State Legislatures provided primary research assistance in the development of these
profiles under contract to the Congressional Research Service (CRS). Summary
information on all of the profiles is presented in CRS Report RL32287. This report will
be updated as developments warrant.
Congressional Research Service ˜ The Library of Congress

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Entities with Key Responsibilities
Governor: The governor is responsible for meeting the dangers presented by
disasters, and may issue and change executive directives. The governor serves as
commander-in-chief of the organized and unorganized militia, which is available for
emergency duty. The governor is charged with delegating and assigning militia command
authority by prior arrangement through executive orders and regulations. The governor
may suspend statutes regarding the conducting of territorial business, or agency rules, use
territorial public resources, transfer personnel and functions, commandeer private property
(with compensation), direct or compel the evacuation of persons from stricken or
threatened areas, prescribe routes, modes of transportation, and destinations during
evacuations, control ingress and egress to and from a disaster area, including the
movement of persons within the area and the occupancy of premises, suspend or limit
specified commerce, and make temporary emergency housing available (Am. Samoa
Code Ann. §26. 0105 (b), (f),(g)). The governor’s emergency powers terminate when the
governor declares the emergency no longer exists or the legislature acts through a
concurrent resolution (Am. Samoa Code Ann. §15.0503).
Disaster Emergency Council: The Council consists of the director of Public Safety
and six members appointed by the governor to advise him on matters relating to disasters.
Three members of the council are district governors of the three political districts in
American Samoa (Am. Samoa Code Ann. §26.0105 (c)).
Office of Territory Emergency Management Coordination: The office operates under
the supervision and control of the governor or the disaster assistance coordinator. The
office prepares and maintains territorial disaster assistance plans, and, with the assistance
of political subdivisions, determines requirements for necessities and: adopts standards
and requirements for the territorial disaster assistance plan; establishes and assists
political subdivisions with public information programs; surveys public and private
industries, resources, and facilities to carry out emergency management purposes; plans
and makes arrangements for the use of private facilities, services, and property (and
provides payments for the use of the property); establishes a registry of persons with
training and skills important in emergency management and a registry of equipment and
temporary housing (American Samoa Code Ann. §26.0106 (f)).
Preparedness
The “Territorial Disaster Assistance Act of 1978” established the following goals:
reduce the vulnerability of people and communities and prepare for prompt and efficient
rescue, care, and treatment of persons victimized or threatened by disaster; and, provide
for rapid and orderly restoration and rehabilitation of persons and property affected by
disasters.
See also “Entities with key responsibilities”(Am. Samoa Code Ann. §26.0101 et
seq.).
The territorial disaster assistance plan must address prevention and minimization of
injury and damage caused by a disaster, prompt and effective response procedures, safety
measures for securing mobile homes or other nonpermanent or semi-permanent structures,

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and other preventive and preparedness measures designed to eliminate or reduce disasters
or their impact (Am. Samoa Code Ann. §26.0106 (b)).
The Office of Territory Emergency Management Coordination must determine the
means for rapid and efficient communications in times of disaster emergencies. The
office considers the desirability of supplementing these communications resources, or of
integrating them into a comprehensive territorial communications system or network. The
office evaluates the possibility of multipurpose use for general territorial and local
governmental purposes, and makes recommendations to the governor (Am. Samoa Code
Ann. §26.0111).
Declaration Procedures
A disaster emergency shall be declared by the governor’s executive order or
proclamation if he finds that a disaster has occurred, or that this occurrence or the threat
is imminent. The state of disaster emergency shall continue for 30 days maximum, but
can be renewed until the governor finds that the threat or danger has ended, or that
emergency conditions no longer exist. The governor must terminate the state of disaster
emergency by executive order or proclamation. The legislature, by concurrent resolution,
may terminate a state of disaster emergency at any time. The governor must then issue an
executive order or proclamation ending the state of disaster emergency. All executive
orders or proclamations must indicate the nature of the disaster, the area threatened, and
the conditions that brought it about, or that make termination possible (American Samoa
Code Ann. §26.0105 (d)).
Types of Assistance
The executive order or proclamation of state of disaster emergency activates the
disaster response and recovery portions of territory, local, and inter-jurisdictional disaster
emergency plans. The executive order authorizes the deployment and use of forces and
the distribution of supplies, equipment, materials and facilities assembled and stockpiled
for disaster emergencies (American Samoa Code Ann. §26.0105 (e)).
Mutual Aid
The governor may enter into a mutual aid compact with any state or U.S. possession
if the joint action meets common intergovernmental problems of emergency disaster
planning, prevention, response, and recovery (American Samoa Code Ann. §26.0108).
Funding
The Economic Stabilization and Emergency Fund has been created to help officials
provide temporary relief for major disasters, federal grant reductions, or other major
events not foreseen during the regular budget process, but would affect significantly the
economic welfare of American Samoa (Am. Samoa Code Ann. § 10.0701).
Funds to meet disaster emergencies must always be available. A disaster
contingency fund ($50,000 minimum balance) has been established. The legislature
appropriates funds which remain in the contingency fund until expended. The fund is an

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earmarked portion of the economic stabilization and emergency fund, and is administered
by the advisory budget commission. First recourse shall be to funds regularly
appropriated to territorial agencies. If the governor finds that demands placed upon these
funds are unreasonably great for a particular disaster, he or she, with the concurrence of
the advisory budget commission, may make funds available from the disaster contingency
fund. If moneys available from the fund are insufficient and if the governor finds that
other sources are not available or sufficient, the governor (with commission concurrence)
may transfer and expend funds appropriated for other purposes, or may borrow from the
U.S. government or any other public or private source. Nothing limits the governor’s
authority to apply for, administer, and expend a grant, gift, or payment or pass-through
funds to aid disaster prevention, preparedness, response, or recovery efforts (Am. Samoa
Code Ann. § 26.0107).
Hazard Mitigation
In addition to disaster prevention measures, the governor shall consider steps to
prevent or reduce the harmful consequences of disasters. Territorial agencies must study
disaster prevention-related matters. The governor must make recommendations to the
legislature, local governments, and to public and private entities to implement disaster
mitigation measures. Land use and construction practices must be studied in areas
susceptible to disasters in order to reduce risks. If the Office of Territory Emergency
Management Coordination finds an area is susceptible and existing building standards and
land use controls are inadequate, essential changes should be recommended to the
governor, who may recommend legislative action. The governor may suspend standards
or controls found inadequate, and may place new standards or controls in effect. The new
standards or controls remain in effect until rejected by legislative concurrent resolution,
or amended by the governor. The standards or controls contained in the governor’s
regulation must be given full effect by regulatory agencies and local governments. The
governor’s action in this matter is subject to judicial review, but not subject to temporary
stay pending litigation (Am. Samoa Code Ann. §26.0109 (a)).
Continuity of Government Operations
If an agency finds that an imminent peril to the public health, safety, or welfare
requires adoption of a rule with less than 20 days notice and states in writing its reasons
for that finding, officials may proceed without prior notice or hearing, or upon any
abbreviated notice and hearing, to adopt an emergency rule. The rule may be effective for
a period not longer than 120 days. The agency shall take appropriate measures to make
emergency rules known to persons who may be affected by them (American Samoa Code
Ann. §4.1010).
Other
Any person who holds a license, certificate, or other permit issued by any state or
political subdivision for professional, mechanical, or other skills may render aid involving
that skill in American Samoa territory during an emergency or disaster. Officials in the
territory shall give due recognition to the license, certificate, or other permit (American
Samoa Code Ann. § 26.0108).

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Emergency management response cannot: interfere with a labor dispute, with
exceptions related to public health or safety; interfere with the dissemination of news or
comment on public affairs; affect the jurisdiction or responsibilities of police forces, fire-
fighting forces, or units of the armed forces of the United States, when on active duty; or,
modify or abridge the authority of the governor to proclaim martial law or exercise any
other powers vested in him under the constitution, statutes, or common law. Territorial
disaster emergency plans must place reliance upon the forces available for performance
of functions related to disaster emergencies. Communications facilities or related
organizations (radio and television stations, wire services, and newspapers) may be
required to transmit or print public service messages furnishing information or
instructions in connection with a disaster emergency (Am. Samoa Code Ann. §26.0103).
Each person shall keep and manage affairs and property to meet disaster
emergencies. This includes appropriate personal service and the use or restriction on the
use of property in time of disaster emergency. Compensation is provided for services or
for the taking or use of property, with limits set (Am. Samoa Code Ann. §26.0110).
Key Term
Table 1. Key Emergency Management and Homeland Security Term
Defined in American Samoa Statutes, with Citations
Term
Citation
Disaster
Am. Samoa Code Ann. §26.0104 (a)
For Further Research
The citations noted above and other elements of the state code for American Samoa
may be searched at: [http://www.lawsource.com/also/usa.cgi?xas].