JOURNAL
FIFTH REGULAR SESSION
TWENTIETH CONGRESS of the Federated States of Micronesia
PALIKIR, POHNPEI August 2015 PALIKIR, POHNPEI
Convened on Monday, September 17, 2018 Adjourned on Friday, October 2, 2018
JOURNAL
FIFTH REGULAR SESSION
TWENTIETH CONGRESS
OF THE
FEDERATED STATES OF MICRONESIA
October 2018
PALIKIR, POHNPEI
Convened on Monday, September 17, 2018 Adjourned on Friday, October 2, 2018
Compiled by the Office of the Speaker And Printed by Good News Press – Kolonia, Pohnpei
Twenthieth Congress of the Federated States of Micronesia
FIFTH REGULAR SESSION September 17, 2018 thru October 2, 2018 TABLE OF CONTENTS SECTION No. Page CERTIFICATION …………………… IV ORGANIZATION Leadership and Membership …………………… V Standing Committees …………………… VI Congressional Offices …………………… VII SUMMARY OF LEGISLATION …………………… VIII-XII
DAILY JOURNAL INDEX …………………… XIII-XIV
DAILY JOURNAL …………………… 1-252
STANDING COMMITTEE REPORTS …………………… 253-369
SPECIAL COMMITTEE REPORTS ...... 370-378
COMMUNICATIONS Presidential Communications …………………… 379-388 FSM Supreme Court Communications …………………… 389-390 Member Communications …………………… 391-392 Departmental Communications …………………… 393-394 Agencies and Governmental Authorities …………………… 395-396 State Communications …………………… 397-398 State Supreme Court Communications …………………… 399-400 Municipal or Town Communications …………………… 401-402 Foreign Government Communications …………………… 403-404 Miscellaneous Communications …………………… 405-406 PRESIDENTIAL VETO MESSAGE …………………… 407-408 CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA ………… 409-423 OFFICIAL RULES AND PROCEDURES OF CONGRESS …………………… 424-456 INDEX OF LEGISLATION Congressional Bills …………………… 457-461 Congressional Resolutions …………………… 462-463
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CERTIFICATION
We hereby certify that the journal for each day’s session, having been either adopted by the whole Congress, or approved by the Speaker after adjournment, as the same appears in this Journal of the Twentieth Congress of the Federated States of Micronesia, Fifth
Regular Session-2018, is true and correct and that the original thereof has been duly signed by the Clerk of the Congress of the Federated States of Micronesia, and is on file in the
Office of the Speaker.
Wesley W. Simina, Speaker Twentieth Congress of the Federated States of Micronesia
Liwiana Ramon Ioanis, Chief Clerk Twentieth Congress of the Federated States of Micronesia
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TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA Fifth Regular Session-2018 PRESIDING OFFICERS
The Honorable Wesley W. Simina Speaker The Honorable Esmond B. Moses Vice Speaker The Honorable Florencio (Singkoro) Harper Floor Leader
MEMBERSHIP I. Senators-at-Large (4-years) Alik L. Alik State of Kosrae David W. Panuelo* State of Pohnpei Wesley W. Simina State of Chuuk Joseph J. Urusemal* State of Yap II. Senators (2-years) STATE OF KOSRAE Paliknoa K. Welly* ED 1: Kosrae
STATE OF POHNPEI Ferny S. Perman ED 1: Kolonia, Sokehs, Sapwuahfik, Nukuoro and Kapingamarangi Dion G. Neth ED 2: Madolenihmw and Kitti Esmond B. Moses ED 3: U, Nett, Mwoakilloa and Pingelap
STATE OF CHUUK Florencio Singkoro Harper ED 1: Mortlock Islands Victor (Vicky) Gouland ED 2: Northern Namwoneas Region Derensio S. Konman ED 3: Southern Namwoneas Region Tiwiter Aritos* ED 4: Faichuk Region Robson U. Romolow ED 4: Northwest Region
STATE OF YAP Isaac V. Figir ED 1: Yap
* Delegation Chairman
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TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA Fifth Regular Session September 17, 2018 thru October 2, 2018
STANDING COMMITTEES
WAYS AND MEANS JUDICIARY AND GOVERNMENTAL OPERATIONS Isaac V. Figir, Chairman Robson U. Romolow, Chairman Robson U. Romolow Isaac V. Figir Victor (Vicky) Gouland (W&M Committee has Tiwiter Aritos Ferny S. Perman no Vice-Chairman, Esmond B. Moses David W. Panuelo based on Rule 6, Dion G. Neth* Joseph J. Urusemal Section 8(c).) Wesley W. Simina Paliknoa K. Welly Paliknoa K. Welly
RESOURCES AND DEVELOPMENT EDUCATION David W. Panuelo, Chairman Joseph J. Urusemal, Chairman Tiwiter Aritos* Florencio (Singkoro) Harper Isaac V. Figir Derensio S. Konman* Victor V. Gouland Ferny S. Perman Derensio S. Konman Esmond B. Moses Esmond B. Moses Wesley W. Simina Alik L. Alik* Alik L. Alik
EXTERNAL AFFAIRS TRANSPORTATION AND COMMUNICATION Paliknoa K. Welly, Chairman Victor (Vicky) Gouland, Chairman Tiwiter Aritos Florencio (Singkoro) Harper Victor (Vicky) Gouland Ferny S. Perman Isaac V. Figir Alik L. Alik* Dion G. Neth* Wesley W. Simina David W. Panuelo Dion G. Neth Robson Romolow Joseph J. Urusemal
HEALTH AND SOCIAL AFFAIRS * = Committee Vice Chairman Ferney S. Perman, Chairman Alik L. Alik* Congressional Delegations Leadership Florencio (Singkoro) Harper Chuuk Delegation Chairman: Tiwiter Aritos Derensio S. Konman Kosrae Delegation Chairman: Paliknoa K. Welly David W. Panuelo Pohnpei Delegation Chairman: David W. Panuelo Joseph J. Urusemal Yap Delegation Chairman: Joseph J. Urusemal Tiwiter Aritos
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TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA Fift Regular Session September 17, 2018 thru October 2, 2017 OFFICE OF SPEAKER OFFICE OF THE CLERK PUBLIC INFORMATION OFFICE Chief Clerk … Liwiana Ramon Ioanis Public Affairs & Protocal Officer ..... Lynn Narruhn Assistant Chief Clerk … Jessicalynn Reyes Public Information Officer ....Manuel Yoma Speaker’s Secretary … Aldeha Salvador Vice Speaker’s Secretary … Consuelo Esiel Floor Leader’s Secretary … Moria Rufes TEMPORARY STAFF Sergeant-at-Arms .....Duwarik Micky Pages ..... Bradley Spirin Journal Clerk …Shallane Suzumu ...... Lance Mongkeya ...... Sharilynn Halbert Information Technology Office ..... Akina Joseph IT Administator … Daystone Roby .....Rockson Hebel Webmaster/IT Specialist .... Jonah Hainrick ..... Joyce Mathias IT Specialist …Shane Mackenzie ..... Jason Lainos ..... Robey Kilmete ..... Suzanne Joseph
OFFICE OF LEGISLATIVE COUNSEL LEGISLATIVE COUNSEL DIVISION Legislative Counsel ...... T. Lam Dang Legal Secretary III…… Rose Donre Staff Attorney ...... Alik Jackson Librarian ……Nercy Syne-Simina ...... Catherine Allen Archivist …… Mary Kilmete ...... Stephanie Ritland Asst. Librarian ……Vacant ...... Allison M. Laffen Proofreader ……Paul Womack ...... Jeanda Redy
OFFICE OF ADMINISTRATION AND BUDGET OFFICE OF ADMINISTRATION OFFICE OF BUDGET Administrative Director …… Suda S. Rayel Budget Officer ……Patrick Mackenzie Administrative Officer …… Switer Sokin Asst. Budget Officer ……Alfred Ansin Secretary …… Antelina Zarred Budget & Finance Analyst ……Vacant Legal Secretary I …… Elise A. Palsis Administrative Specialist …… Rerad Warren Administrative Clerk I …… Leeroy Mike Maintenance Supervisor …… Liperson Peles Building Maintenance I …… Rosenty Nowell Building Maintenance …. Isao Mark Building Maintenance I …. Peterlee Syne Custodian …… Justina Roby Custodian …… Jacky Mark Custodian …… Bihla Tume
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20th CONGRESS of the Federated States of Micronesia
FIFTH REGULAR SESSION
Summary of Legislation
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SUMMARY OF BILLS Twentieth Congress of the Federated States of Micronesia FIFTH REGULAR SESSION CLASSIFICATION Congressional Bills Introduced 25 Congressional Bills Enacted 17 Congressional Bills Disapproved 0
CONGRESSIONAL BILLS ENACTED DURING THE FIRST REGULAR SESSION Transmittal President's CB. No. Short Title Date Action C.B. No. To futher amend Public Law No. 19-121, as amended by Public Laws Nos. 19-130, 9/20/18 P.L. No. 20-180 19-142, 20-09, 20-22, 20-51, 20-59, and 20-70, by amending section 6 thereof, to 20-123 change the lapse date of funds previously appropriated therein, for the purpose of 9/22/18 funding public projects and social programs for the people of the state of Yap, Kosrae, Pohnpei and Chuuk, and for other purposes. (Perman) C.B. No. To further amend Title 55 of the code of the Federated States of Micronesia 9/24/18 P.L. No. 20-198, (Annotated), as amended by adding a new section 1222 for the purpose of requiring 20-130 CD3 twenty percent (20%) of all National Government fishing fee collected in a fiscal year 9/20/18 to be deposited into the FSM Trust Fund and to further amend sections 1015, 1017, and 1019 of Title 37 add a new section 324 of Title 54 of the Code of the Federated States of Microensia (Annotated), as amended , by Public Law No. 19-71, for the purpose of requiring one hundred (100%) fifty percent (50%) of the tax on all premiums collected from Captive Insurance Company in a fiscal year to be deposited into the FSM Trust Fund, and for other purposes. (Figir) C.B. No. To amend Public Law No. 20-31, as amended by Public Laws Nos. 20-41, 20-50, and 8/8/18 P.L. No. 20-226 20-77, by amending section 3 thereof, to change the use of funds previously 20-113 appropriated therein, to fund public projects and social programs for the people of 8/30/18 Kosrae State, and for other purposes. (Welly) C.B. No. To further amend Public Law No. 19-64, as amended by Public Laws 19-81, 19-97, 8/9/18 P.L. No. 20-227, 19-120, 19-137, 20-29 and 20-86, by amending sections 1 and 2 thereof, to change the 20-119 CD1 use and allotteee of funds previously appropriated therein, for the purpose of funding 8/31/18 public projects and social programs in the state of Pohnpei, and for other purposes, (Neth) C.B. No. To amend Public Law No. 20-93, by amending sections 1 and 2 thereof, to change the 8/9/18 P.L. No. 20-228, use of and allottee of funds previously appropriated therein, to fund priority 20-120 CD1 infrastructure projects and other public projects and social programs in the stae of 8/31/18 Kosrae, and for other purposes. (Welly) C.B. No. To amend section 1, 3, and 9 of Public Law No. 20-42, as amended by Public Laws 9/20/18 P.L. No. 20-230, Nos. 20-54, 20-64, 20-67, 20-83, 20-94, and 20-130, in order to appropriate 20-122 CD3 $70,320,000 of additional funds from the General Fund of the Federated States of 9/22/18 Micronesia for the fiscal year ending September 30, 2018, and for other puruposes. (Simina) C.B. No. To amend Public Law No. 20-92, by amending section 6 thereof, for the purpose of 9/20/18 P.L. No. 20-231, changing the allottee of funds previously appropriated therein, to fund public projects 20-124 CD1 and social programs for the people of Yap State, and for other purposes. (Urusemal) 9/22/18 C.B. No. To appropriate the sum of $7,000,000 from the General Fund of the Federated States 9/21/18 P.L. No. 20-234, of Micronesia for the fiscal year ending September 30, 2018, for the purpose of funding 20-125 CD1 public projects and social programs for the people of Yap, Kosrae, Pohnpei and Chuuk 9/22/18 States, and for other purposes. (Gouland) C.B. No. To further amend section 12 of Public Law No. 19-118, as amended by Public Law 9/24/18 P.L. No. 20-235 Nos. 19-125, 19-135, 20-01, 20-14, 20-23, 20-40, 20-46 and 20-74, to change the 20-129 allottee for a certain line item for Chuuk State, and for other purposes. (Gouland) 9/26/18
C.B. Nos. 20-226, 20-227, CD1 & 20-228, CD1 have been introduced and enacted during the 5th Special Session however, they did not included in the 5th Special Session Journal. In addition, C.B. Nos. 20-180 and 20-189, CD3 have been introduced during the 4th Regular Session and enacted during this 5th Regular Session of the 20th Congress of the Federared States of Micronesia.
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C.B. Transm President's No. Short Title (continued Bills enacted 20FSMC.5RS pg. 2) ittal Action Date C.B. No. To amend Public Law No. 20-93, as amended by Public Laws No. 20-93 and 20-120, by 9/24/18 P.L. No. 20-237 amending section 1 thereof, to change the use of funds previously appropriated therein, 20-133 to fund priority infrastructure projects and other public projects and social programs in 9/27/18 the state of Kosrae, and for other purposes. (Welly) C.B. No. To appropriate the sum of $200,000 from the General Fund of the Federated States of 9/20/18 P.L. No. 20-238 Micronesia for the fiscal year ending September 30, 2018, for the purpose of funding 20-121 relief efforts in Guam and Saipan due to damage caused by Typhoon Mangkhut, and 9/21/18 other purposes. (Simina) C.B. No. To further amend Public Law No. 19-54, as amended by Public Law Nos. 19-62, 19-75, 9/250/18 P.L. No. 20-239 19-79, 19-99, 19-119, and 20-04, by amending section 6 thereof, to change the lapse 20-127 date of funds previously appropriated therein, and for other purposes. (Welly) 9/22/18 C.B. No. To further amend Public Law No. 19-60, as amended by Public Laws Nos. 19- 9/20/18 P.L. No. 20-240 71, 19-80, 19-103, 19-148, 19-165 and 20-30, by amending section 6 thereof, 20-128 to change the lapse date of certain funds previously appropriated therein to fund 9/22/18 essential government functions, programs, projects and activities in each of the states, and for other purposes. (Welly) C.B. No. To further amend Public Law No. 17-59, as amended by Public Laws Nos. 17- 9/20/18 P.L. No. 20-241 63, 17-66, 17-70, 17-77, 17-86, 18-21, 18-29, 18-64, 18-83, 19-18 and 19-113, 20-126 by amending section 6 thereof, for the purpose of changing the lapse date of 9/22/18 certain funds previously appropriated therein, and for other purposes. (Welly) C.B. No. To further amend Public Law No. 20-53, as amended by Public Laws Nos. 20- 9/24/18 P.L. No. 20-242 57, 20-61, 20-69, 20-91 and 20-96, by amending sections 3 and 5 thereof, to 20-132 change the use and allottee of funds previously appropriated therein, for the 9/27/18 purpose of funding priority infrastructure projects and other projects and programs in the state of Pohnpei, and for other purposes. (Panuelo) C.B. No. To appropriate $64,819,927 from the General Fund of the Federated States of 9/26/18 P.L. No. 20-248 Micronesia for the fiscal year ending September 30, 2019, to provide funding 20-131 for the operations of all branches of the National Government of the Federated 9/27/18 States of Micronesia, its agencies, various programs, grants, subsidies and contributions and Capital and Human Resources Development, and for other purposes. (Figir) C.B. No. To renumber the sections created by Public Law No. 20-130, to clarify the 10/3/18 P.L. No. 20-245, source of the funds deposited into the FSM Trust Fund pursuant to the new 20-134 CD1 section of title 54 of the Code of the Federated States of Micronesia (Annotated), 10/11/18 as amended, to change the effective date of the transfer of fishing access fees into the FSM Trust Fund under section 1223 of title 55 of the Code of the Federated States of Micronesia (Annotated), as amended, and for other purposes. (Figir)
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SUMMARY OF RESOLUTIONS Twentieth Congress of the Federated States of Micronesia FIFTH REGULAR SESSION-2018 CLASSIFICATION Congressional Resolutions Introduced 18 Congressional Resolutions Adopted 13 CONGRESSIONAL RESOLUTIONS ADOPTED DURING THE FIFTH REGULAR SESSION C.R. No. Short Title Adoption Transmittal date Date C.R. No. Approving and accepting a grant of in the amount $950,624 from 9/28/18 10/2/18 20-127 the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, to support the project entitled: “FSM Department of Health and Social Affairs SPF-PFS Project”. (Harper by request) C.R. No. Setting the ceiling of the total funds estimated to be available for 9/18/18 9/19/18 20-128 appropriation from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018. (Figir) C.R. No. Approving and accepting a grant in the amount of $128,625 from 9/28/18 10/2/18 20-129 the U.S. Department of Health and Human Services, Health Resources and Services Administration, to fund the FSM Maternal and Child Health Program, including all the terms and conditions of the assistance. (Harper by request) C.R. No. Approving and accepting a grant in the amount of $147,000 from 9/28/18 10/2/18 20-130 the U.S. Department of Health and Human Services, Health Resources and Services Administration, to fund the FSM Maternal and Child Health Program in the FSM, including all the terms and conditions of the assistance. (Harper by request) C.R. No. Approving and accepting a grant in the amount of $693,970 from 9/28/18 10/3/18 20-131 the U.S. Department of Health and Human Services Centers for Disease Control and Prevention, to fund and support the FSM Public Health and Healthcare Emergency Preparedness Project, including all the terms and conditions of the assistance. (Harper by request) C.R. No. Approving and accepting a grant from the United Nations 9/28/18 10/2/18 20-133 Development Program (UNDP) in the amount of $290,386, to fund and support the Global Fund Project for HIV/TB in the FSM, including all the terms and conditions of the assistance. (Harper by request) C.R. No. Approving and accepting a grant in the amount of $160,875 from 9/28/18 10/2/18 20-134 the U.S. Department of Health and Human Services, Health Resources and Services Administration, to fund the Universal Newborn Hearing Screening and Intervention Project in the FSM, including all the terms and conditions of the assistance. (Harper by request C.R. No. Setting the ceiling of the total funds estimated to be available for 9/25/18 9/26/18 20-135 appropriation from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2019. (Figir)
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C.R. No. Short Title (continued Resolutions adopted.20CFSM. 5RS.pg. 2) Adoption Transmittal date Date C.R. No. Approving and accepting a grant in the amount of $1,437,107 9/28/18 10/2/18 20-136 from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, including all the terms and conditions of the assistance. (Harper by request) C.R. No. Approving and accepting a grant in the amount of $666,397 from 9/25/18 9/26/18 20-137 the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, to provide funding to the Federated States of Micronesia, Department of Health and Social Affairs for prevention and treatment services related to substance abuse for the budget period from October 01, 2018, to September 30, 2019, including all the terms and conditions of the assistance. (Harper by request) C.R. No. Expressing the sincere gratitude and appreciation to Ms. Allison 10/1/18 10/2/18 20-138 M. Laffen for her dedicated service as staff attorney to the Congress Federated States of Micronesia. (Figir) C.R. No. Approving and accepting a grant in the amount of $240,000 from 10/1/18 10/2/18 20-140 the U.S. Department of Health and Human Services, Public Health Services, to support and fund the FSM Family Planning Program, including all the terms and conditions of the assistance. (Harper by request) C.R. No. Authorizing the President to resubmit the nomination of Mr. 10/1/18 10/2/18 20-141 Tulensru E. Waguk to serve as a member of the Board of Regents of the College of Micronesia-FSM, representing the state of Kosrae. (Moses)
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20th CONGRESS of the Federated States of Micronesia
FIFTH REGULAR SESSION
Daily Journal Index
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Twentieth Congress of the Federated States of Micronesia
FIFTH REGULAR SESSION
September 17, 2018 thru October 2, 2018
DAILY JOURNAL INDEX Day Page No. 1. Monday, September 17, 2018…..…………………………………………….. 1-19 2. Tuesday, September 18, 2018 ……………………………………. 20-49 3. Wednesday, September 19, 2018 …………………………………………… 50-74 4. Thursday, September 20, 2018………………………………………………. 75-101 5. Friday, September 21, 2018 ………………………………………………... 102-117 6. Saturday, September 22, 2018 NO SESSION 7. Sunday, September 23, 2018 NO SESSION 8. Monday, September 24, 2018 ………………………………………………… 118-128 9. Tuesday, September 25, 2018 ……………………………………………….. 129-142 10. Wednesday, September 26, 2018……………………………………………… 143-160 11. Thursday. September 27, 2018 ……………………………………………….. 161-183 12. Friday, September 28, 2018 …………………………………………………. 184-217 13. Saturday, September 29, 2018 NO SESSION 14. Sunday, September 30, 2018 NO SESSION 15. Monday, October 1, 2018 ………………………………………………….. 218-240 16. Tuesday, October 2, 2018 ………………………………………………….. 241-252
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20th CONGRESS of the Federated States of Micronesia
FIFTH REGULAR SESSION
Daily Journal
1
CONGRESSIONAL JOURNAL TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIFTH REGULAR SESSION
OPENING DAY Monday, September 17, 2018
The Opening Day of the Fifth Regular Session of the Twentieth Congress of the Federated States of Micronesia was called to order at 10:24 a.m., Monday, September 17, 2018.
Speaker Wesley W. Simina presided.
Speaker Simina: Pursuant to article IX, section 16, of the Constitution of the Federated States of Micronesia and title 3, section 201, of the Code of the Federated States of Micronesia, and as set forth in the Official Rules of Procedure of the Congress, I hereby call the Twentieth Congress of the Federated States of Micronesia, Fifth Regular Session, to order.
A moment of silent prayer was observed.
The Chief Clerk called the roll. Eleven Members were present; Chairman Alik, Chairman Perman, and Vice Speaker Moses were excused.
APPOINTMENT OF COMMITTEE TO WAIT ON THE PRESIDENT
Speaker Simina: It is my privilege to appoint Senator Neth of Pohnpei, Chairman. The following are members: Chairman Urusemal of Yap, Senator Konman of Chuuk, and Chairman Welly of Kosrae. Chairman Neth, please consult with the President as to the time and place of your meeting. Next item.
PRESIDENTIAL COMMUNICATIONS
-No. 20-288 - (Dated and received 08/10/18) – Designating Congressional Act No. 20-100 as Public Law No. 20-103: “To amend sections 1, 3, 8 and 9 of Public Law No. 20- 42, as amended by Public Laws Nos. 20-54, 20-64, 20-67, 20-83 and 20-94, in order to appropriate $655,000 of additional funds from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, for other purposes.”
-No. 20-289 - (Dated and received 08/10/18) – Designating Congressional Act No. 20-102 as Public Law No. 20-104: “To appropriate the sum of $100,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, for the purpose of funding relief efforts in Japan due to massive flooding in Western Japan, and for other purposes.”
-No. 20-290 - (Dated 08/21/18 and received 08/22/18) – Transmitting the bill to enact an anti- dumping law in the aviation services for the protection of the FSM people.
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Sept. 17, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 5RS – 20CFSM
-No. 20-291 - (Dated and received 08/22/18) – Transmitting a resolution accepting the $950,624 financial grant from the US Department of Human Services Substance Abuse and Mental Health Services Administration to support the project called: FSM Department of Health and Social Affairs SPF-PFS Project.
-No. 20-292 - (Dated and received 08/24/18) – Designating Congressional Act No. 20-104 as Public Law No. 20-105: “To further amend Public Law No. 15-80, as amended by Public Laws Nos. 16-04, 17-53, 18-37, 18-66, 19-14, 19-105, 19-161 and 20-37 by amending section 2 thereof, for the purpose of changing the lapse date of certain funds previously appropriated therein, for public projects and social programs in each of the states, and for other purposes.”
-No. 20-293 - (Dated and received 08/24/18) – Designating Congressional Act No. 20-103 as Public Law No. 20-106: “To further amend Public Law No. 15-32, as amended by Public Laws Nos. 15-36, 15-44, 15-57, 15-63, 15-72, 15-78, 16-03, 16-11, 16-33, 16-46, 17-12, 17-21, 17-33, 17-40, 18-17, 18-67, 18-85, 18-104, 19-17, 19-100, 19-157 and 20-38, by amending section 2 thereof, for the purpose of changing the lapse date of certain funds previously appropriated therein, to fund public projects and social programs for the people of Yap, Kosrae, Pohnpei and Chuuk States, and for other purposes.”
-No. 20-294 - (Dated NS received 08/24/18) – Designating Congressional Act No. 20-110 as Public Law No. 20-107: “To further amend Public Law No. 17-68, as amended by Public Laws Nos. 17-71, 17-81, 17-84, 17-89, 17-90, 18-03, 18-10, 18-13, 18-32, 18-46, 18-58, 18-87, 18-95, 19-16, 19-47, 19-87, 19-98, 19-123 and 20-28, by amending section 6 therein, for the purpose of changing the lapse date of certain funds previously appropriated to fund public projects and social programs in each of the states, and for other purposes.
-No. 20-295 - (Dated and received 08/24/18) – Designating Congressional Act No. 20-106 as Public Law No. 20-108: “To further amend Public Law No. 16-49, as amended by Public Laws Nos. 16-68, 16-76, 17-06, 17-10, 17-23, 17-30, 17-32, 17-45, 17-82, 17-85, 18-28, 18-45, 18-59, 18-86, 19-11, 19-106 and 19-110 by amending section 6 thereof, for the purpose of changing the lapse date of certain funds previously appropriated therein, to fund public projects and social programs in each of the states, and for other purposes.”
-No. 20-296 - (Dated and received 08/24/18) – Designating Congressional Act No. 20-105 as Public Law No. 20-109: “To further amend Public Law No. 16-18, as amended by Public Laws Nos. 16-24, 16-32, 16-39, 16-45, 16-54, 16-67, 17-04, 17-14, 17-26, 17-39, 17-65, 18-27, 18-47, 18-80, 19-13 and 19-108, by amending section 2 thereof, to change the lapse date of certain funds previously appropriated therein, and for other purposes.”
-No. 20-297 - (Dated and received 08/24/18) – Designating Congressional Act No. 20-107 as Public Law No. 20-110: “To further amend Public Law No. 19-93, as amended by Public Laws Nos. 19-104 and 19-168, by amending section 2 thereof, for the
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Sept. 17, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 5RS – 20CFSM
purpose of changing the lapse date of funds previously appropriated therein, to fund priority infrastructure projects and other programs in the state of Chuuk, and for other purposes.”
-No. 20-298 - (Dated and received 08/24/18) – Designating Congressional Act No. 20-109 as Public Law No. 20-111: “To further amend Public Law No. 19-170, as amended by Public Law No. 20-02, by amending section 6 thereof, to change the lapse date of funds previously appropriated therein, for the purpose of funding public projects and social programs in each of the states, and for other purposes.”
-No. 20-299 - (Dated 08/29/18 and received 08/30/18) – Submitting re-nomination of Mr. Tulensru Waguk to serve on the Board of Regents for the College of Micronesia- FSM representing the State of Kosrae, along with his resume.
-No. 20-300 - (Dated and received 08/30/18) – Designating Congressional Act No. 20-111 as Public Law No. 20-112: “To further amend Public Law No. 18-99, as amended by Public Laws Nos. 18-106, 18-113, 18-121, 19-05, 19-34, 19-57, 19-74, 19-107, 20-18 and 20-24, by amending section 6 thereof, to change the lapse date of funds previously appropriated therein, to fund public projects and social program for the people of the states of Yap, Kosrae, Pohnpei and Chuuk, and for other purposes.”
-No. 20-301 - (Dated and received 08/30/18) – Designating Congressional Act No. 20-116 as Public Law No. 20-113: “To amend Public Law No. 20-31, as amended by Public Laws Nos. 20-41, 20-50 and 20-77, by amending section 3 thereof, to change the use of funds previously appropriated therein, to fund public projects and social programs for the people of Kosrae state, and for other purposes.”
-No. 20-302 - (Dated and received 08/30/18) – VETOED Congressional Act No. 20-101 in its entirety: “To further amend title 55 of the Code of the Federated States of Micronesia (Annotated), as amended, by adding a new section 1222 for the purpose of requiring twenty percent (20%) of all National Government fishing fees collected in a fiscal year to be deposited into the FSM Trust Fund, and to add a new section 324 of title 54 of the code of the Federated States of Micronesia (Annotated), as amended, for the purpose of requiring fifty percent (50%) of the tax on all premiums collected from captive insurance companies in a fiscal year to be deposited into the FSM Trust Fund, and for other purposes.”
-No. 20-303 - (Dated and received 08/30/18) – Transmitting a bill appropriating $80,000,000 for contributing to the FSM Trust Fund.
-No. 20-304 - (Dated 08/30/18 and received 09/03/18) – Designating Congressional Act No. 20- 108 as Public Law No. 20-114: “To further amend Public Law No. 19-141, as amended by Public Laws No. 19-147 and 19-171, by amending section 2 thereof, to change the lapse date of funds previously appropriated therein, for the purpose of funding defunded programs and activities of the government of the state of Kosrae and public projects and social programs for the people of the state of Chuuk, and for other purposes.”
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Sept. 17, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 5RS – 20CFSM
-No. 20-305 - (Dated 08/31/18 and received 09/03/18) – Designating Congressional Act No. 20- 112 as Public Law No. 20-115: “To further amend Public Law No. 18-11, as amended by Public Laws Nos. 18-44, 18-81, 19-33, 19-106, 19-128, 19-134, 19- 138, 20-11, 20-49, 20-55 and 20-62 by amending section 2 thereof, to change the lapse date of funds previously appropriated therein to assist the states of Pohnpei and Yap in retiring debt and covering budget shortfalls, and for other purposes.”
-No. 20-306 - (Dated 08/31/18 and received 09/03/18) – Designating Congressional Act No. 20- 114 as Public Law No. 20-116: “To further amend Public Law No. 19-10, as amended by Public Laws Nos. 19-26, 19-42, 19-51, 19-56, 19-72, 19-78, 19-96, 19-132, 19-163, 20-03, 20-25 and 20-58, by amending section 6 thereof, to change the lapse date of funds previously appropriated therein, for the purpose of funding public projects and social programs in each of the states, and for other purposes.”
-No. 20-307 - (Dated 08/31/18 and received 09/03/18) – Designating Congressional Act No. 20- 113 as Public Law No. 20-117: “To further amend Public Law No. 18-117, as amended by Public Laws Nos. 18-120, 19-04, 19-08, 19-35, 19-49, 19-59, 19-76, 19-102 and 20-26 by amending section 6 thereof, to change the lapse date of funds previously appropriated therein, for the purpose of funding public projects and social programs for the people of the states of Yap, Kosrae, Pohnpei and Chuuk, and for other purposes.”
-No. 20-308 - (Dated 08/31/18 and received 09/03/18) – Designating Congressional Act No. 20- 115 as Public Law No. 20-118: “To amend Public Law No. 19-152, as amended by Public Laws Nos. 19-162, 20-08 and 20-27, by amending section 6 thereof, to change the lapse date of funds previously appropriated therein, for the purpose of funding public projects and social programs for the people of Yap, Kosrae, Pohnpei and Chuuk, and for other purposes.”
-No. 20-309 - (Dated 08/31/18 and received 09/03/18) – Designating Congressional Act No. 20- 117 as Public Law No. 20-119: “To further amend Public Law No. 19-64, as amended by Public Laws Nos. 19-81, 19-97, 19-120, 19-137, 20-29 and 20-86, by amending sections 1 and 2 thereof, to change the use and allottee of funds previously appropriated therein, for the purpose of funding public projects and social programs in the state of Pohnpei, and for other purposes.”
-No. 20-310 - (Dated 08/31/18 and received 09/03/18) – Designating Congressional Act No. 20- 118 into Public Law No. 20-120: “To amend Public Law No. 20-93, by amending sections 1 and 2 thereof, to change the use of and allottee of funds previously appropriated therein, to fund priority infrastructure projects and other public projects and social programs in the state of Kosrae, and for other purposes.”
-No. 20-311 - (Dated 09/12/18 and received 09/13/18) – Transmitting a bill that clarifies the authority of the Secretary of Education under Title 40 of the FSM Code.
-No. 20-312 - (Dated 09/12/18 and received 09/13/18) – Transmitting a bill to appropriate $21,198 as a supplemental budget in order to be able to amicably resolve three pending court cases against the FSM National Government.
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Sept. 17, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 5RS – 20CFSM
-No. 20-313 - (Dated 09/12/18 & received 09/14/18) – Transmitting a communiqué, which was the outcome of the 49th PIF on September 06, 2018 in Nauru.
Speaker Simina: Assign those Communications, Chief Clerk.
Floor Leader Harper: Point of privilege, Mr. Speaker.
Speaker Simina: Floor Leader Harper.
Floor Leader Harper: Thank you, Mr. Speaker. I rise of on point of privilege to take this opportunity to introduce certain officials who are observing our regular session, this morning. I am very happy to start out the introduction by introducing our very own President of our Nation, His Excellency Peter M. Christian (applause). With him, we are also fortunate and happy that our Vice President is also observing our session this morning. May I introduce our Vice President, Yosiwo P. George (applause). I also understand that some of the members of the President’s Cabinet are here, but I am very sorry that I cannot say all their names, but may I just ask that we give them a collective recognition by giving them a round of applause (applause). This morning we are also fortunate that a few of our Diplomatic community are also observing our session this morning. I would like to also start the introduction by introducing His Excellency Ambassador Ryoichi Horie (applause). Ambassador Horie is from the Japan Embassy. With him, we have our Ambassador from the United States to FSM: His Excellency Ambassador Robert A. Riley (applause). With the two Ambassadors, we also have Huang Zheng from the People’s Republic of China (applause). Mr. Speaker, on the list, we also have certain senators and government officials from the other states. I am happy to introduce from the Pohnpei Legislature, Senator Shelten Neth (applause). With Senator Neth, we have Senator Brian Etcheit (applause). I am happy to also introduce a representative from the House of Representative, Chuuk State Legislature, Wisney Nakayama (applause). Just for the information of everyone, the Honorable Nakayama from the Chuuk State Legislature is one of the sons of our first president, the Late Excellency President Nakayama. If I am not mistaken, we also have here with us the Vice President of our College of Micronesia, the honorable Joseph Habuchmai (applause). Mr. Speaker, we also have with us observing our session, someone from the Republic of Palau, Mr. Marcello Ngirkelau, Clerk (OEK) (applause). With Mr. Ngirkelau is Mr. Greg Ngirailemesang, Videographer and Head page. Sorry if I mispronounce the names. I am also proud to introduce my former mayor of Satawan, Mayor Christino Sephas (applause). Mr. Speaker, I now yield the floor to Members to supplement my introduction by introducing other leaders or citizens who are here and are not included from the list. Thank you, Mr. Speaker.
Speaker Simina: Thank you, Floor Leader Harper. The Congress joins you in welcoming our own President, Vice President, members of the Diplomatic Corps, including the members of the Cabinet and all the others. Are there any further points of privilege?
Chairman Welly: Mr. Speaker.
Speaker Simina: Chairman Welly.
Chairman Welly: Thank you, Mr. Speaker. Good morning to you and everyone in the gallery this morning. Mr. Speaker, on behalf of Chairman Alik L. Alik and I, I bring you greetings from the island of angels and sleeping ladies (laughter). Aside from his Excellency Yosiwo P. George, we also have other dignitaries and state leaders who are with us this morning. I have a long list of Kosraeans attending our session this morning. Since this is an election year, please allow me to read all their names (laugher).
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Sept. 17, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 5RS – 20CFSM
Speaker Simina: Proceed.
Chairman Welly: Thank you, Mr. Speaker. I will begin with Mr. Kalwin Kephas, the Secretary of Education (applause). Since this is a long list, please hold your applause until I finish naming them. We also have Ginger Mida, the Postmaster General. Also, we have Jeffery Tilfas, our Attorney General. Senator Salpasr E. Tilfas, Mr. Bob Skilling – Director of Transportation and Infrastructure, Mr. Blair Charley – KIRMA Administrator, Presley Abraham from KIRMA – KIRMA is Kosrae Island Resource Managemet Authority. Rickson Jonathan from IOM, Welsin Kephas – KIRMA Board, Norlin Livate – Department of Health, Kun Mongkeya – Department of Health, Andy George – KCSO Director, Betwin Tilfas – KIRMA, Annie Esau – KIRMA, Maxon Nithan – KIRMA, Faith Siba, Kiaru Esahu – KCSO, Hans Skilling – Red Cross, KSA, Casey Freddy – KUA LC, and any Kosraeans in the Chamber this morning, observing our session that I am not able to see, please give them a round of applause and welcome them (applause). Thank you.
Speaker Simina: Thank you, Chairman Welly. As always, the Congress welcomes our citizens when they decide to grace us with their presence and we, indeed, welcome all the kosraeans this morning. Are there any further points of privilege?
Chairman Gouland: Mr. Speaker.
Speaker Simina: Chairman Gouland.
Chairman Gouland: Thank you, Mr. Speaker. I join the Floor Leader and my good Chairman Welly. On our behalf, Mr. Speaker, your Chuuk Delegation, including you as the At-Large, I have a list of names to introduce. This is kind of conflicting, because of the individuals are very close to me. But because I am a representative, I wish for this Congress to recognize the following people: Tosh Nakayama, Director of Transportation (applause); Kandito Kanas, Director of Agriculture (applause); Curtis Graham, Director of Marine Resources (applause); Curtis Sos, Chief, Environmental Health (applause); Graceful Enlet, Director of Education (applause); Wilfred Robert, Director (DOC) (applause); Basiende Attan (applause); Esme Ace, Coordinator Epidemic Species (applause); and again, Wisney Nakayama, Representative of the Chuuk State Legislature (applause), and our own citizen from Chuuk residing in Pohnpei, Nakama Sana, the Board Captive Insurance (applause), and our own Budget Officer, Patrick Mackenzie (applause). These are all my constituents. Thank you very much, Mr. Speaker.
Speaker Simina: Thank you, Chairman Gouland for introducing our constituents. Senator Aritos, do you have a list for our constituents to introduce?
Senator Aritos: Yes. Thank you very much, Mr. Speaker. I would like to add to the list for the officials of Chuuk who are here to observe our session this morning: Leon Fred, Mayor of Udot Municipality (applause), Justin Fritz, Mayor of Eot Municipality (applause), Mitany Ludwick – Advisor to the Mayor of Udot (applause), Fran Soiter – Treasurer, Udot Municipality (applause), and Weiting Siren, the Chief of Police, Udot Municipality (applause). Thank you, Mr. Speaker.
Speaker Simina: Thank you, Senator Aritos for introducing our constituents from Faichuk.
Chairman Panuelo: Mr. Speaker.
Speaker Simina: Chairman Panuelo, you have the floor.
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Chairman Panuelo: Good morning to you, Members, and to all our citizens who are observing from the gallery. On behalf of the Pohnpei Delegation, two of the Members are arriving today. On our behalf, I join you and Floor Leader in welcoming officials and all citizens who are observing our session this morning. I join you and Floor Leader in welcoming our President, our Vice President, Diplomatic Corps and Cabinet members who are here. Mr. Speaker, I have a list that is before me now. It is true that it is an election year. Our lists are getting longer and longer when we do introductions. Please, bear with me. Mr. Speaker, I will begin with some deacons. I don’t know why, but we have quite a few deacons here. I think, because we are sinful and they will absolve us of our sins when we commit sins in the days to come. Please allow me to begin with a good deacon and a neighbor, Deacon Augustine Damarlane who is here from the Our Lady of Mercy, Catholic Mission. Let’s give him a round of applause (applause). Another deacon who is here is Deacon Valentine Santiago, assistant Pastor of Our Lady of Mercy. Let’s also give him a round of recognition (applause). I also would like to also introduce the two senators who are here. I join the Floor Leader. Let’s recognize Shelten Neth, Delegation Chair from Madolenihmw and Senator Brian Etcheit. Let’s give the two Senators a round of recognition, again (applause). Coming down on my list, Mr. Speaker, I wish to introduce the local chief executives of our local government. I belief we have one here, the Honorable Dahker Abraham, the Minister of U Municipal Government. Let’s welcome him to our session (applause). Thank you. I would like to also recognize the Chairman of our joint committee on Compact Review and Planning, the Honorable Asterio Takesy. Let’s give him a round of applause (applause). Thank you. I know I have recognized the Cabinet members, but Mr. Willy Kostika is a friend from Micronesian Conservation Trust. Let’s welcome him and his staff who are here (applause). I will collectively have us recognize the Council members around Pohnpei, but I have two names here and I will go ahead and introduce them: Soukahmar, one of the councilmen for Nett Municipal Government, Inocencio Bonabart and Ricky Higgins, Chairman of J&GO for Kolonia Town, and also Benjamin Amor from the U Municipal Government. Let’s give the three Councilmen a round of recognition (applause). Mr. Speaker, that is who I have here. The rest of the Pohnpeians here observing, their names will be submitted to the Journal Clerk to insert into the Journals. I join you all in welcoming our citizens and look forward to a very productive session during this regular session of Congress. Thank you, Mr. Speaker.
Senator David W. Panuelo requested the names below to be inserted into today’s Journal:
1. Luhken Lengiso, Ricky Carl – The Nature Conservancy 2. Captain Taylor Santos – Salvation Army 3. Isao Frank Jr. – Red Cross Executive Director 4. Morgan David – Disaster Management Office, Red Cross 5. Walles Jacob – FSM Weather Services 6. Eugene Pangelinan – Executive Director, NORMA
Speaker Simina: Thank you, Chairman Panuelo.
Chairman Romolow: Mr. Speaker.
Speaker Simina: Chairman Romolow.
Chairman Romolow: Thank you, Mr. Speaker. I join the previous speakers in welcoming our very own President, His Excellency President Christian and the Honorable Vice President George. Yes, indeed, we are approaching the election and I thought the very important person to recognize is the Election Director. It seems like they forgot to introduce him. I will introduce him as a very close friends and a very important person.
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Sept. 17, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 5RS – 20CFSM
Speaker Simina: You have to say his name.
Chairman Romolow: With his name, I beg the indulgence of this Congress body to recognize with me the presence of some of my constituents from the Northwest Region in Chuuk. I begin with the Director of the Election Office, the Honorable Tony Otto (applause). Also, in the gallery, Mr. Speaker and Members, is the Chairman of the JCRP, the Honorable Asterio Takesy (applause). We also have in the gallery the Assistance Secretary of R&D, Ms. Alissa Takesy (applause). Also, in the gallery from the Election District #5, Chuuk State, we have Florian Yatilman (applause). Last, but not the least, we have the President of the COM-FSM, President Daisy (applause).
Speaker Simina: Thank you, Chairman Romolow. I am sure you will be well remembered by those you have introduced. Are there any other points of privilege?
Senator Neth: Mr. Speaker.
Speaker Simina: Senator Neth.
Senator Neth: Thank you, Mr. Speaker. Because it is election year, I didn’t hear the name of one of my traditional leaders, Luhken Lengiso, Ricky Clark (applause). Thank you, Mr. Speaker.
Speaker Simina: Thank you, Senator Neth. Are there any points of privilege from Yap? Chairman Urusemal.
Chairman Urusemal: Thank you very much, Mr. Speaker. I am happy to note that even though I have a very short list, it got shorter and shorter as we go through the introduction. I am grateful to those that have introduced some of our people who are observing this morning’s session. Let me just acknowledge and recognize the presence of the Secretary of the Department of Environment and Emergency Management, the Honorable Andrew Yatilman (applause). I know we have some workshops, conferences, including meetings here other than our session. So, there may be other Yapese sitting in the gallery, including the Coordinator of the IOM Office in Yap, who had breakfast with us this morning. If he is here, or maybe I will go ahead and introduce him in absentia, Philip Raffilipiy, who is here for their meetings. Philip has done a very good job in making sure that Yap has lived up to the requirements under Typhoon Maysak and, during our breakfast meeting, he indicated to the Delegation that all the projects have been completed. I hope that the materials and equipment or supplies that are left would be put to good use by the communities, and not disappear by individuals. I also welcome and thank the Chairman of J&GO for recognizing the presence of the President of our own higher institution of learning, President Joseph M. Daisy who is sitting in the gallery. I assure you, Mr. President, that the Committee on Education will be trying to find time to have oversight meeting with the college. My good brother here has already introduced the Vice President of Administration for the College, the former Lieutenant Governor of the state of Yap. So, I will introduce your staff from Yap. He has joined us to help our delegation, since we do not have staff in the home office, but will be assisting us, as well as other staff, and other delegations to make sure that our works are done in a timely manner. May I introduce for recognition Mr. Andy Choor, our Public Information staff of the Yap Delegation, as well as the person who has been training to become a lawyer and has helped us in many ways other than just reporting out the activities of our delegation and our Congress. Please, welcome and acknowledge the few individuals that I have introduced this morning (applause). Thank you very much, Mr. Speaker. And of course, I join the previous speakers in welcoming all the people who have been introduced. The President, Vice President, and members of the Diplomatic Corps, I was reminded of a phrase that one of our people told the people in Yap that he may be from Chuuk, but he is also representing them in the National Congress. Thank you, Mr. Speaker.
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Sept. 17, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 5RS – 20CFSM
Speaker Simina: Thank you, Chairman Urusemal for that introduction. Any further points of privileges?
Floor Leader Harper: Mr. Speaker.
Speaker Simina: Floor Leader Harper.
Floor Leader Harper: Thank you, Mr. Speaker. As previously stated by other Members of this Congress that we are approaching the election, I don’t want to fail to introduce certain constituents of mine, or our constituents, otherwise I will lose a few votes. Therefore, allow me to introduce Manuel Tipwek from the island of Lukunoch. Please give him a round of applause (applause). We also have Dasi Helgen from the Municipality of Sokehs (applause). I don’t know whether he is voting from Pohnpei or from Chuuk. Last but not the least, we have Edmond Farek from the island of Lukunoch. Thank you, Mr. Speaker.
Speaker Simina: Thank you, Floor Leader Harper. Those are your constituents, not mine. I join you in welcoming our friends from Mortlock, especially from Lukunoch. Are there any other points of privilege?
Chairman Panuelo: Mr. Speaker.
Speaker Simina: Chairman Panuelo.
Chairman Panuelo: Thank you, Mr. Speaker. I wish, on our behalf, to welcome Allison Laffeen. She has traveled very far. May I ask that we give her a round of recognition for coming back to Congress. I know she didn’t have to come back but from her heart and wish to help FSM Congress during this session. Let’s give her a round of applause (applause). Thank you, Mr. Speaker.
Speaker Simina: Thank you, Chairman Panuelo for taking time to recognize Allison. Are there any other points of privilege? If none, next item.
FSM SUPREME COURT COMMUNICATIONS
None
MEMBER COMMUNICATIONS
-No. 20-35 - (Dated 08/16/18 received 09/12/18) – From the Hon. Wesley W. Simina, Speaker, 20th FSM Congress, submitting a trip report on Indonesia-Pacific Parliamentary Partnership, which took place in Jakarta, Indonesia on July 23-24, 2018.
Speaker Simina: Assign that communication, Chief Clerk. Next item.
DEPARTMENTAL COMMUNICATIONS
-No. 20-67 - (Dated 08/21/18 and received 08/22/18) – From Mrs. Magdalehna A. Walter, Secretary, Department of Health & Social Affairs, inviting Mr. Suda Rayel, to sit in a budget meeting on SAPT & SPF-PFS proposals, in Pohnpei on 17-21 September 2018.
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Sept. 17, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 5RS – 20CFSM
-No. 20-68 - (Dated 08/22/18 and received 08/24/18) – From Deputy Secretary of the Department of Foreign Affairs, Mr. Samson E. Pretrick, forwarding a Diplomatic Note. No. EJFSM/085/18 from the Embassy of Japan in the FSM with a copy of letter to Hon. Speaker Simina from Hon. Tadamori Oshima, Speaker of the House of Representatives.
-No. 20-69 - (Dated and received 08/30/18) – From the Mrs. Sihna N. Lawrence, Secretary, Department of Finance & Administration, submitting the updated FY 2018 Revenue Projection and domestic revenue balance.
Speaker Simina: Assign those Communications, Chief Clerk. Next item.
AGENCY OR GOVERNMENTAL AUTHORITY COMMUNICATIONS
-No. 20-51 - (Dated 08/08/18 and received 08/09/18) – From Mr. Eugene Pangelinan, Executive Director, NORMA, expressing support on C.B. No. 20-202 – establishment of the Competent Authority and control of seafood for export to the European Union.
-No. 20-52 - (Dated 08/15/18 and received 08/16/18) – From Dr. Joseph M. Daisy, President/CEO, COM-FSM, on behalf of the Board of Regents he is providing a copy of the College’s Financial Statements and Independent Auditor’s report, years ended September 30, 2017 and 2016; Independent Auditor’s reports on Internal Control on compliance, Year ended September 30, 2017.
-No. 20-53 - (Dated 08/15/18 and received 08/17/18) – From Mr. Jesse Giltamag, Banking Commissioner, submitting consolidated statement of assets and liabilities of the FSM commercial Banking System for the quarter ended 31 March 2018.
-No. 20-54 - (Dated 09/05/18 and received 09/06/18) – From Mr. Kasio E. Mida, Senior Headquarters Executive, MRA, Inc., writing regarding 2 seminars organized by the MRA and the FSM Captive Insurance Council to be held in Tokyo on November 02, 2018.
Speaker Simina: Assign those Communications, Chief Clerk. Next item.
STATE COMMUNICATIONS
-No. 20-25 - (Dated 08/06/18 and received 08/24/18) – From Florence P. Stanley, Chief Clerk, 14th Chuuk State Legislature, transmitting a copy of a certified Resolution, adopted on July 27, 2018: “To request the Secretary of Foreign Affairs of the FSM to convey the Chuuk State Legislature appreciation to the UN Secretary General and the Administrator of the United Nations Development Programme in New York for the visit and assurance for the continuing partnership made by UN Assistant Secretary General and UNDP Assistant Administrator Mr. Haoliang Xu and Country Director and Head of Pacific Regional Policy & Programme Mr. Bakhodir Burkanov.”
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Sept. 17, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 5RS – 20CFSM
-No. 20-26 - (Dated 08/16/18 and received 08/30/18) – From Mr. Marius J. Akapito, Lt. Governor, State of Chuuk Government, submitting a proposed Joint Budget request for inclusion with any supplemental request by the state of Chuuk to Congress.
Speaker Simina: Assign those Communications, Chief Clerk. Next item.
STATE SUPREME COURT COMMUNICATIONS
None
MUNICIPAL OR TOWN COMMUNICATIONS
-No. 20-07 - (Dated 07/20/18 and received 08/14/18) – From Mr. Jose San Nicolas, Mayor, Kolonia Town, transmitting a Resolution requesting oversight for power generation and distribution in Pohnpei.
-No. 20-08 - (Dated 07/20/18 and received 08/14/18) – From Mr. Jose San Nicolas, Mayor, Kolonia Town, transmitting another Resolution from the local Chiefs Executives, requesting the re-establishment of the Outer Island Field trip public services.
-No. 20-09 - (Dated 08/28/18 and received 08/29/18) – From Mr. Vitus H. Susaia, Director of Administration, Kolonia Town Government, inviting Speaker to a dinner that Mayor of Kolonia was hosting in honor of the 8th National Women’s Conference.
-No. 20-10 - (Dated 09/12/18 and received 09/13/18) - From Mr. Jack Harris, Speaker, Kolonia Town Council, inviting Speaker to participate in the Pohnpei Municipal Council Association Summit on September 29, 2018 at 10:00 a.m. of the economic aspect of the Compact of Free Association in a panel discussion.
Speaker Simina: Assign those Communications, Chief Clerk. Next item.
FOREIGN GOVERNMENT COMMUNICATIONS
-No. 20-54 - (Dated 08/20/18 and received 08/22/18) – From Hon. Gabriela CUEVAS BARRON, President, IPU, and Mr. Martin Chungong, Secretary General, IPU, extending an invitation to Speake to brainstorm and further explore modalities to enhance cooperation of the parliaments and parliamentary organizations.
-No. 20-55 - (Dated 08/22/18 and received 08/22/18) – From the Honorable Sabino Anastacio, Speaker, House of Delegates, Tenth Olbiil Era Kelulau, requesting that his Chief Clerk and another staff visit Congress during its session and observe, share ideas and learn.
-No. 20-56 - (Dated 07/27/18 and received 09/07/18) – From Hon. Gabriela CUEVAS BARRON, President, IPU, regarding an IPU’s new research project on the SDGs and to complete the questionnaire.
-No. 20-57 - (Dated 08/10/18 & received 09/07/18) - From Delsa Solorzano, Chief of the Venezuela delegation to the IPU; and Eudoro Gonzales, Chief of Mercosur
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Sept. 17, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 5RS – 20CFSM
concerning the arbitrary detention and illegal removal of certain members of Parliament.
-No. 20-58 - (Dated 08/13/18 and received 09/07/18) – From Mr. Martin Chungong, Secretary General, IPU requesting support in finalizing the new version of IPU’s flagship database on national parliaments.
-No. 20-59 - (Dated 08/27/18 and received 09/07/18) - Mr. Martin Chungong, Secretary General, IPU, referring to a recent invitation to a series of events and activities for parliamentarians in the context of the 2018 World Investment Forum to be held in Geneva, 22-24 October 2018, and activities attached thereto.
Speaker Simina: Assign those Communications, Chief Clerk. Order of the Day.
ORDER OF THE DAY
STANDING COMMITTEE REPORTS
The Chief Clerk called attention to Awaiting List No. 20-37 TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIFTH REGULAR SESSION, 20 TH FSM CONGRESS SEPTEMBER 17 2018 TO OCTOBER 06, 2018 R E P O R T A W A I T I N G R E Q U I R E M E N T S
NO. 20-37, 1 ST DAY, MONDAY, SEPT. 17, 2018, AT 10:00 A.M.
REPORT NO. SUBJECT DATE ANDTIME 20-76 RE: FY’2019 RECOMMENDED BUDGET PRES. COMMUNICATION NO. 20-211 9/17/18 (Submitted by: EXAFF Committee) 10:00 A.M.
SPECIAL COMMITTEE REPORTS
None
ASSIGNMENT OF MEASURES AND COMMUNICATIONS
The Chief Clerk called attention to Referral Sheet No. 20-78.
TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIFTH REGULAR SESSION, 20TH CFSM September 17, 2018 TO October 06, 2018
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Sept. 17, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 5RS – 20CFSM
REFERRAL SHEET NO. 20-78, DAY 01, Monday, 09/17/19, AT 10:00 A.M.
PRESIDENTIAL SUBJECT COMMITTEE COMM. NO. 20-287 (Dated 08/03/18 & received 08/06/18)- Transmitting a ALL bill to appropriate $21,198 as a supplemental budget to RELEVENT resolve three pending court cases against the FSM COMMITTEES National Government. STATE COMM. SUBJECT COMMITTEE NO. 20-24 (Dated 08/03/18 & received 08/06/18)- From Ms. INFO. Delihna Ioanis, Acting Legislative Clerk 9th Pohnpei Legislature, transmitting certified copies of LR. No. 62- 18-LD1, which was adopted by the 9th Pohnpei Legislature on July 24, 2018: “Calling upon the President of this Nation and the Governor of this State to take up the challenge and to embrace the calls of both the national and state legislative assemblies to come to the aid of our disabled citizens.” FOREIGN SUBJECT COMMITTEE GOVERNMENT COMM. NO. 20-53 (Dated 07/31/18 & received 08/06/18)- From the Hon. INFO. Bambang, Seosatyo, Speaker, House of Representative, Republic of Indonesia, expressing highest appreciation and thanks to Speaker and his delegation member for their attendance and active participation at the recently concluded Indonesia-Pacific Parliamentary Partnership on Human Development and Maritime Sustainability held on 23-24 July 2018 at the Grand Hyatt Jakarta, Indonesia. MISCELLANEOUS SUBJECT COMMITTEE COMM. NO. 20-24 (Dated 08/04/18 & received 08/06/18)- From Rev. INFO. Midion G. Neth, UCCP Secretary/Conference Minister, requesting Congress to donate or transfer the Executive Chairs at the Congress Chamber to UCCP Church Council in Kolonia. 20-25 (Dated & received 08/07/18)- From the Chief Clerk of INFO. Congress, Liwiana Ramon Ioanis, presenting a trip report on her trip to attend the 49th Repsiding Officers and Clerk’s Conference in Wellington, NZ, 08-13 July 2018.
Speaker Simina: Chairmen and members, take note of the Referral Sheet for your planning purposes. Next item.
Senator Neth: Short recess, Mr. Speaker.
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Speaker Simina declared the Congress recessed at 10:57 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 10:58 a.m.
Speaker Simina: Congress comes back to session. Next item.
UNFINISHED BUSINESS
None
BILL CALENDAR
None
RESOLUTION CALENDAR
None
INTRODUCTION OF BILLS
None
INTRODUCTION OF RESOLUTIONS
None
MISCELLANEOUS COMMUNICATIONS
-No. 20-26 - (Dated and received 08/16/18) – From Ms. Elise A. Palsis, legal secretary, FSM Congress, submitting a trip report on her attendance at the APIPA 2018 in Palau.
-No. 20-27 - (Dated and received 08/22/18) – From Mrs. Consuelo Esiel, Ms. Moria Rufes and Mrs. Angie Z. Kaster, submitting a combined trip report on their attendance/participation at the FSM Annual Finance and Budget conference in Weno, Chuuk.
-No. 20-28 - (Dated 08/21/18 and received 08/22/18) – From Ms. Jessicalynn Reyes, Assistant Chief Clerk, 20th FSM Congress, submitting a trip report on her participation on the official visit by the Hon. Speaker Simina and his delegation to Vietnam, 05-15 June 2018.
-No. 20-29 - (Dated and received 08/13/18) – From Mrs. Maurina W. Christian, first lady, requesting that Congress consider setting aside $200,000 each year for the next four or five years for all women activities in Micronesia, including participation in regional and global activities to support showcasing our FSM efforts in promoting women’s participation in, and contribution to, the Nation’s strive toward sustainable economic achievement.
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-No. 20-30 - (Dated 09/05/18 and received 09/07/18) – From Mrs. Rose Donre, submitting a trip report, which provides a summary of her participation at “the Guam Professional Development Conference”, which took place in Guam, 29-31 August 2018.
Speaker Simina: Assign those Communications, Chief Clerk. Next item.
MISCELLANEOUS BUSINESS
Speaker Simina: Do you have any miscellaneous businesses?
Floor Leader Harper: Mr. Speaker.
Speaker Simina: Floor Leader Harper.
Floor Leader Harper: Thank you, Mr. Speaker. I would like to ask for your permission to express my short remarks. Before I do so, I would like to extend my apology if it might be appealing unappreciated to anyone sitting in the gallery. Mr. Speaker and honorable Members of this Congress, I would like to raise some concerns relating to a few of our citizens who have been fortunate enough to attain their Ph.D. abroad, and who have applied to teach at our own COM-FSM. The individuals in question applied several months ago and have not received any communication from the college as to the status of their application or the position they applied for.
Mr. Speaker, I really want Congress to do oversight with COM-FSM regarding their hiring system, as it is my understanding that the college, as well as, our government is mandated to give priority to qualified FSM citizens when filling any vacancy.
In reviewing the reliable information, I have received, I strongly believe that the priority for qualified FSM citizens is not being honored. An example of what I am talking about is the case of an FSM attorney, who also holds Ph.D., went through the hiring process; however, it appears that the regulations for the hiring process were not followed. In this particular case a different individual, an expat government attorney, was hired and is allowed to hold both a contract for teaching and one as a government attorney at the same time. This also raises questions of whether it is legal and proper for an individual to hold more than one contract for government work at the same time.
I am here today to advocate for our citizens in government and college employment. We need our academics to come back to the FSM and be allowed to prove their ability, to learn and increase their capacity. Our citizens, who meet the qualifications, need jobs. Otherwise our students will not return to our nation when they finish their higher education.
Mr. Speaker and honorable Members, I believe the kind of hiring decisions that the College of Micronesia has made are very discouraging to our current students who have the intention of pursuing higher education abroad. If even individuals who have received Ph.D.’s are not able to secure employment with our government or local institutions, then the upcoming students are not encouraged to reach for these accomplishments. Our citizens who have attained the highest levels of education should not just be proud of their accomplishments, but they should be able to get good jobs.
Mr. Speaker, I believe that it is time that our government and local institutions start hiring our FSM citizens as academics and experts. We should, wherever possible, replace the expatriate experts so that the large investment we have made in scholarships, especially for graduate school, would be worthwhile.
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Mr. Speaker, I hope that our Education Committee will have the opportunity to hold and oversight hearing on this matter, and that all the relevant COM-FSM staff be required to testify, under oath, as to the current hiring practices of our college. Thank you, Mr. Speaker.
Speaker Simina: Thank you very much, Floor Leader Harper. Those are serious allocations and concerns that should be taken up by our Committee on Education. Chairman Urusemal, you are instructed to follow through with the request from Floor Leader if, indeed, they are correct. There should be some serious concerns for us. Any other miscellaneous business?
Chairman Romolow: Mr. Speaker.
Speaker Simina: Chairman Romolow.
Chairman Romolow: Thank you, Mr. Speaker. I wish to register a concern that came to my attention, and I believe most of us also noticed it. The issues that are facing our citizens abroad, especially in Guam and Saipan, after the cyclone or typhoon that was just recently hit, I know some of our citizens in Guam and Saipan are also trying their best to solicit donation and support for the effected citizens. As we continue our session, I wish that we could – I am not sure if state of emergency had been declared that we would help the affected residents. I hope and want to bring up to our attention that we might consider in helping our consulate office or the other organization in the affected areas where they have solicited support from citizens to address the issues and problems that our citizens are facing, especially with the urgent need. Most of our citizens or the residents of these affected areas are still at shelters, because of their houses being totally destroyed, and the need is very urgent. Thank you, Mr. Speaker.
Speaker Simina: Thank you, Chairman Romolow. That is an urgent issue that we need to deal with. I will be introducing a bill to ask for some funding from FSM Congress to support the relief efforts in Guam and CNMI. I hope we will support that, when we come to it, and of course, some voluntary assistance should be appreciated as well. We will take a look at that. Any other miscellaneous business? If none, Announcements.
ANNOUNCEMENTS
Speaker Simina: Chairman Welly.
Chairman Welly: Thank you, Mr. Speaker. There is no announcement from your Committee on External Affairs. Thank you.
Speaker Simina: Chairman Figir, you don’t seem too happy.
Chairman Figir: I don’t have a long list of complaints, although a long list of concerns. I want to announce for your Committee on Ways and Means to go into an executive meeting at 2:00 p.m., this afternoon. I invite the members of the Committee to make themselves available. Thank you.
Speaker Simina: Thank you, Chairman Figir. Members of Ways and Means Committee, take note of the meeting. Chairman of the Committee to Wait on the President.
Senator Neth: Thank you, Mr. Speaker. Your Committee to Wait on the President will meet with him at 1:30 p.m., at his Office.
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Speaker Simina: Take note of that meeting.
Chairman Urusemal: Short recess.
Speaker Simina declared the Congress recessed at 11:07 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:09 a.m.
Speaker Simina: Congress comes back to session. Chairman Romolow.
Chairman Romolow: Thank you, Mr. Speaker. Your Committee on J&GO will hold an oversight hearing with the Committee on External Affairs tomorrow at 1:00 p.m., with the Department of Justice and the External Affairs. Thank you.
Speaker Simina: Thank you, Chairman Romolow. Chairman Panuelo.
Chairman Panuelo: Thank you, Mr. Speaker. I ask the members of your R&D Committee to meet in executive on Wednesday at its allotted time, 8:30 a.m., in the Hearing Room Thank you, Mr. Speaker.
Speaker Simina: Thank you, Chairman Panuelo. Chairman Gouland.
Chairman Gouland: Thank you, Mr. Speaker. Your Committee on T&C will hold a hearing with TC&I and FSTC at 8:30 a.m., tomorrow. Thank you.
Speaker Simina: Thank you, Chairman Gouland. Chairman Urusemal.
Chairman Urusemal: Thank you, Mr. Speaker. I note the concern raised by our good Floor Leader here relating to the College. However, I know that we need to complete some preliminary works before we go into oversight. I know some Committees have not completed their works with the budget, so I am delaying the oversight meeting with the college to, maybe, Friday. Check the TV screen. It may be postponed to Monday to allow the other Committees to finish their work. It will be at 1:30 p.m., in the afternoon, the allocated time for the Education Committee. Thank you, Mr. Speaker.
Speaker Simina: Thank you, Chairman Urusemal. Take note of that oversight hearing. Senator Aritos.
Senator Aritos: Thank you, Mr. Speaker. No announcements.
Speaker Simina: Senator Konman.
Senator Konman: Thank you, Mr. Speaker. No announcements.
Speaker Simina: Thank you very much, gentlemen. Once again, I would like to convey our appreciation to Mr. President, Vice President, members of the Diplomatic Corps, and all of you who are observing our session this morning. We appreciate your participation in the business of your Congress. Thank you very much. I would like to have a short meeting with all Members after session so we can plan out the rest of our session. We have some important topics to also discussion. If there is no further business, Floor Leader Harper.
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Floor Leader Harper: Thank you, Mr. Speaker. Before I make my usual motion, although I am not the Chairman of our delegation, however, I would like to ask that we meet tomorrow morning at 9:00 a.m., in my room. We have one or two things that I like for us to talk about. Now, I move that we stand in recess until 10:00 a.m., tomorrow.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that Congress stand in recess until tomorrow at 10:00 a.m. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. Congress, now, stands in recess until tomorrow at 10:00 a.m., in the morning.
Speaker Simina declared that the Congress stand in recess at 11:13 a.m., Monday, September 17, 2018, until tomorrow, Tuesday, September 18, 2018, at 10:00 a.m.
Respectfully submitted,
Liwiana Ramon Ioanis Chief Clerk
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CONGRESSIONAL JOURNAL TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIFTH REGULAR SESSION
DAY TWO Tuesday, September 18, 2018
The Second Day of the Fifth Regular Session of the Twentieth Congress of the Federated States of Micronesia was called to order at 10:30 a.m., Tuesday, September 18, 2018.
Speaker Wesley W. Simina presided.
A moment of silent prayer was observed.
The Chief Clerk called the roll. Twelve Members were present; Chairman Alik and Chairman Aritos were excused.
Floor Leader Harper moved to dispense with the reading of the Journal; Chairman Urusemal seconded, and the motion carried by voice vote.
PRESIDENTIAL COMMUNICATIONS
None
FSM SUPREME COURT COMMUNICATIONS
None
MEMBER COMMUNICATIONS
-No. 20-36 - (Dated and received 09/17/18) – From the Hon. Robson U. Romolow, head of the FSM Delegation, which consisted of Vice Chairman Dion G. Neth and staff attorney Catherine Allen, submitting a trip report on the WHO 4th Asia Pacific Parliamentarians Forum on Global Health in Manila, 23-24 August 2018.
Speaker Simina: Assign that communication, Chief Clerk. Next item.
DEPARTMENTAL COMMUNICATIONS
None
AGENCY OR GOVERNMENTAL AUTHORITY COMMUNICATIONS
-No. 20-55 - (Dated and received 09/14/18) – From Ms. Anna Mendiola, President/CEO, FSM Development Bank, submitting a request for capital funding for the FSM Development Bank Business Development Loan Fund.
Speaker Simina: Assign that Communication, Chief Clerk. Next item.
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STATE COMMUNICATIONS
None
STATE SUPREME COURT COMMUNICATIONS
None
MUNICIPAL OR TOWN COMMUNICATIONS
None
FOREIGN GOVERNMENT COMMUNICATIONS
-No. 20-60 - (Dated 09/06/18 and received 09/17/18) – From Hon. Yang Zhenwu, Secretary General of the Standing Committee, National People’s Congress of China, submitting the Curriculum Vitae of Mr. Chen Guomin, Chinese candidate for the membership of the IPU Executive Committee.
Speaker Simina: Assign that Communication, Chief Clerk. Order of the Day.
ORDER OF THE DAY
STANDING COMMITTEE REPORTS
-SCR No. 20-76, RE: Presidential Communication No. 20-211, fiscal year 2019 Recommended Budget – EX.AFF – (Recommends approval of the amounts listed in the report subject to the conditions and limitations set forth herein and the availability of funds as determined by your Committee on EX.AFF/Sept. 17, 2018).
Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 10:42 a.m., subject to the call of the Chair. RECESS
The Congress reconvened at 10:42 a.m.
Speaker Simina: Congress comes back to session. If there is no objection, we will go, first, to the next item, Special Committee Reports Calendar.
SPECIAL COMMITTEE REPORTS
-No. 20-12 - By the Senator Dion G. Neth, Chairman, Committee to Wait on the President.
Speaker Simina: Chairman Neth.
Senator Neth: Thank you, Mr. Speaker. I move that Congress adopt Sp. C.R. No. 20-12.
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Chairman Panuelo: Second.
Speaker Simina: It has been moved and seconded that Congress adopt Special Committee Report No. 20-12. Discussions?
Senator Neth: Mr. Speaker.
Speaker Simina: Senator Neth.
Senator Neth: Thank you, Mr. Speaker. The report, Special Committee Report No. 20-12, is kind of lengthy for my ability to read. So, I will just summarize what’s in it. Your Committee to Wait on the President met with the President, Vice President, and their Cabinet members at 1:30 p.m., yesterday. We went on discuss the agenda that the President prepared for our discussion. The agenda was mainly the foreign investment bill pending before Congress, pending nominations, POEA ban on Filipino workers, and the supplemental budget. The supplemental budget, he has decreased the $6.5 to $4.6 million, which includes $1 million for the cable landing in Chuuk, $1 million for MiCare debts, $1.5 million for renovation and startup of PATS High School, $250,000 for litigation of PII, $300,000 for CIA subsidy, $220,000 for Consul General renovations, $3,000 for volunteer corps, and $200,000 for seabed mining initiative. Two other things that were raised include the NORMA fishing scheme and the status of our fishing ships which are not being operated. The detail of this is in the report, Special Committee Report No. 20-12.
Speaker Simina: Thank you, Senator Neth. Are there any further elaborations on the report from the members of the Committee? Chairman Urusemal?
Chairman Urusemal: Thank you, Mr. Speaker. I think the Chairman of the Committee did a superb job in paraphrasing and summarizing the report. I have no additional comments, except that the snack was very good, and I enjoy eating it. Thank you.
Speaker Simina: Thank you, Chairman Urusemal for being observant on the snacks. Chairman Welly?
Chairman Welly: Thank you, Mr. Speaker. In addition to what was reported earlier, the $250,000 requested for PII case is for witnesses that they may need if they go to the trial. They are still working accelerating the case, and they do not need that $250,000. Thank you, Mr. Speaker.
Speaker Simina: Thank you for the clarification, Chairman Welly.
Chairman Perman: Mr. Speaker.
Speaker Simina: Chairman Perman.
Chairman Perman: Thank you, Mr. Speaker. Good morning to you, Vice Speaker, Members, and to all who are observing our session this morning. Mr. Speaker, just a point of clarification. Did we do the motion for the adoption of the report?
Speaker Simina: Yes, we did and it was seconded.
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Chairman Perman: Thank you, Mr. Speaker. My question will be, as a Chairman of Health, I am looking at the $1.5 minimum outstanding to MiCare. For sure, we will do our oversight hearing on that. Did his Excellency clarify which clinic – is it only one?
Senator Neth: the current outstanding is about $1.5 million but there is $1 million now to settle.
Speaker Simina: That is a lot of campaign fund.
Chairman Perman: Maybe that is why I am asking.
Speaker Simina: I am sure you will have the opportunity to do the oversight hearing with the appropriate people. Are there any other discussions?
Chairman Romolow: Mr. Speaker.
Speaker Simina: Chairman Romolow.
Chairman Romolow: Thank you, Mr. Speaker. Good morning to you and all Members. Just a point of clarification. On what transpired on the subject of POEA, I am calling for an oversight with the Ex.Aff Committee. But, I want to know what transpired in that meeting. On what progress has the Executive done? This is an issue that is more than a year, since 2016. I wonder between now and then, or from then up to now, what has been done? I know there have been called to settle this issue with AG and Foreign Affairs. I, myself, as Chairman of J&GO, have not received anything from them on the progress of what they have done in consultation with the Philippine Government. I wonder if there is anything that was discussion on that subject.
Speaker Simina: Thank you, Chairman Romolow. You will have your opportunity to do an oversight. But I will give it back to the Committee to Wait on the President. Do you have any clarifications or something to add to what’s in the report?
Senator Neth: No, Mr. Speaker. Foreign Affairs and AG are looking into it. Nothing formal had been filed. So, they are looking into it. The question is if we continue to raise a ban. They raise a ban, we raise a ban. They lower it, and we lower it.
Speaker Simina: So, either we retaliate, re-supplicate or resolve it in another peaceful matter. Would you like your opportunity, Chairman Romolow? It is an important issue. First, it was just Chuuk and now it is affecting the entire nation.
Chairman Romolow: Mr. Speaker.
Speaker Simina: Go ahead.
Chairman Romolow: Thank you, Mr. Speaker, and thank you Senator Neth. Another concern that I have with the Chairman, my number one Chairman on External Affairs mentioned earlier of the PII case, I thought what I was told and informed from the AG that they are working on the case. They need those experts to win the case. But I wasn’t aware that they are working on settling out of code, I might hear him wrong. I thought I heard him say that they are settling the case, and they might not need this amount.
Speaker Simina: Still, that is part of your oversight. You can call them up. It is an important case. They are still fall apart on their offers. I think the PII made an offer of over $10 million, and we offered $1
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Sept. 18, 2018 CONGRESSIONAL JOURNAL – DAY TWO – 5RS – 20CFSM million. They haven’t reach anything. Right now, they are in arbitration. Hopefully they can resolve it. We have already appropriated $100,000 or $150,000. If you may recall, the initial request was half million. Right now, they are requesting the $250,000, as pointed out by Chairman Welly, for experts if in any case, we have to go to trial. I think that is what Chairman Welly said. Are there any further discussions?
Chairman Panuelo: Mr. Speaker.
Speaker Simina: Chairman Panuelo.
Chairman Panuelo: Thank you, Mr. Speaker. Good morning to you, Members, and to those who are observing our session. I thank the Chairman of the Committee to Wait on the President for the report. It is pretty detailed. Its term item that falls under the jurisdiction of your R&D Committee, Mr. Speaker, on the $200,000 that we see here on the seabed mining, I would like to learn more. Your Committee will be calling an oversight to be able to determine what this exactly is going to do with this amount of money. On the foreign investment bill, I know it is pending but you know that we have taken the bill to the states. The states are not quite supportive of it, for one reason or another, since then, there was an economic development conference that was held here. I know some members did not participate in that meeting, but I understand from the Secretary of R&D that number of things was transpired. We will gather that information and refresh it before your Committee reports the bill to the full Congress. The last item, Mr. Speaker, I know this is a supplemental budget that we are trying to rush, but on the proposed funding for the PATS vocational school is a good thing. Our nation needs a vocational center to be able to build the capacity of our young citizens with skills to be able to be put into our work course. I just want to say that with this substantial amount of money including, our nation being able to understand whether we can fund this program for the long term. I hope that the appropriate Committees will be holding, before we can appropriate this amount of money, an oversight to determine the full extent of this proposed vocational school before funding is appropriated by Congress. Thank you, Mr. Speaker.
Speaker Simina: Thank you, Chairman Panuelo. Yes, you will have your opportunity. This is just a condensed of the report, Special Committee Report No. 20-12. We haven’t received any official communication on the supplemental request. I hope we will wait off. This is just something from the Committee to Wait on the President.
Vice Speaker Moses: Mr. Speaker.
Chairman Figir: Question.
Speaker Simina: I will allow Vice Speaker first.
Vice Speaker Moses: Thank you, Mr. Speaker. Good morning to you and to Members. I will make it short. With the Filipino foreign workers, I don’t know if it was discussed or maybe it was explained earlier and I missed it. But the concern is, is the ban immediate? If it is immediate, do we know from our Committee to Wait on the effects that it might have implications on with regards to the programs that we have, for instance, the COM-FSM. The whole nursing program, I think depends on Filipino foreign workers. I know other areas such as the Pohnpei Hospital. A lot of people preferred to go to this one particular doctor who is also a Filipino. I know a lot of services at the Pohnpei State Hospital depend on this. Also, we have so many projects going on in the private sector and maybe also the public sector that also depends on this. I just want to know if the effects on these programs at COM-FSM, state facilities, and private sectors will it be immediately affected? Thank you, Mr. Speaker.
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Speaker Simina: Thank you, Vice Speaker Moses. That is a legitimate point. We need to know. I hope the J&GO and Ex.Aff can do the hearing as soon as possible so we can know about the details. I have no idea. I haven’t seen anything. We know it is something that has been decided by the POEA. There was a motion to close debate.
Chairman Romolow: Mr. Speaker.
Chairman Urusemal: Mr. Speaker.
Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 10:58 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:00 a.m.
Speaker Simina: Congress comes back to session. There was a motion to close debate. If there is no objection, debate is closed. Let’s vote. All those in favor of the adoption of the Special Committee Report No. 20-12 say “aye” – opposed “nay”. The motion is carried. The report, Special Committee Report No. 20-12, is adopted by Congress. Short recess.
Speaker Simina declared the Congress recessed at 11:01 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:02 a.m.
Speaker Simina: Congress comes back to session. If there is no further action, next item.
Chairman Figir: Mr. Speaker.
Speaker Simina: Chairman Figir.
Chairman Figir: Thank you, Mr. Speaker. I move that we go to item 19, Resolution Calendar.
Speaker Simina: If there is no objection, we will go to the Resolution Calendar.
RESOLUTION CALENDAR
Speaker Simina: Chairman Figir.
Chairman Figir: Thank you, Mr. Speaker. I move that we place C.R. No. 20-128 on today’s calendar for action.
C. R. No. 20-128: Setting the ceiling of the total funds estimated to be available for appropriation from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018.
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Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that we place C. R. No. 20-128 on the Resolution Calendar. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. The resolution, C. R. No. 20-128, is placed on the Calendar.
Chairman Figir: Mr. Speaker.
Speaker Simina: Chairman Figir.
Chairman Figir: Thank you, Mr. Speaker. I move for the adoption of the Resolution, C. R. No. 20-128.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that Congress adopt C.R. No. 20-128. Discussions?
Floor Leader Harper: Title.
Speaker Simina: Read the title.
The Chief Clerk read the title of C. R. No. 20-128.
Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 11:03 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:04 a.m.
Speaker Simina: Congress comes back to session. We are on discussion of that resolution, C. R. No. 20-128. Are there any further discussions? If none, discussion is closed. Let’s vote on its adoption. All those in favor of the adoption of the resolution, C.R. No. 20-128 say ‘aye’ – opposed say ‘nay’. The motion is carried. The resolution, C.R. No. 20-128, has been adopted by Congress. Next resolution.
Chairman Panuelo: Point of privilege.
Speaker Simina: State your point.
Chairman Panuelo: Mr. Speaker, on our behalf I wish to introduce some of our National Police Officers who are observing our session this morning. Let’s kindly recognize Mr. Molten Henly from Pohnpei, Ms. Gisele Zoya Roland from Pohnpei and Mr. Manny Felix from Chuuk. This is what I have on the list. Let’s give them a round of recognition (applause). Thank you. Lastly, I understand our Assistant PIO was in Fiji, and I hope he had a productive one. Let’s welcome Manuel Yoma back to our own Capital (applause). Thank you, Mr. Speaker.
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Speaker Simina: Thank you, Chairman Panuelo. I need to know what they did in Fiji. They need to submit a report. Anyway, thank you, Chairman Panuelo for taking time to recognize our citizens who are observing our session this morning. If there is no further business under the Resolution Calendar, next item.
ASSIGNMENT OF MEASURES AND COMMUNICATIONS
The Chief Clerk called attention to Referral Sheet No. 20-79.
TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIFTH REGULAR SESSION September 17, 2018 to October 06, 2018
COMMITTEE REFERRAL
REFERRAL SHEET NO. 20-79, DAY 02, Tuesday, 09/18/18, AT 10:00 A.M
C.B. NO. SUBJECT COMMITTEE 20-230 To amend section 1, 3, and 9 of Public Law No. 20-42, as W&M amended by Public Law Nos. 20-54, 20-64, 20-67, 20-83, 20-94 and 20-103, in order to appropriate the $70,320,000 of the additional funds from the General Funds of the Federated States of Micronesia for the fiscal year ending September 30, 2018, and for other purposes. 20-231 To amend Public Law No. 20-92, by amending section 6 thereof, W&M for the purpose of changing the allottee of funds previously appropriated therein, to fund public projects and social programs for the people of Yap State, and for other purposes. 20-232 To amend title 20 of the Code of the Federated States of T&C Micronesia (Annotated), by creating a new chapter 15, in order to establish rules on competition and anti-dumping in air services, and for other purposes. 20-233 To appropriate the sum of $80,000,000 from the General Fund W&M of the Federated States of Micronesia for the fiscal year ending September 30, 2018, for the purpose of contributing additional funds of the FSM Trust Fund, and for other purposes. 20-234 To appropriate the sum of $7,000,000 from the Genral fund of W&M the Federated States of Micronesia for the fiscal year ending September 30, 2018, for the purpose of funding public projects and social programs for the people of Yap, Kosrae, Pohnpei and Chuuk States, and for other purposes. 20-235 To further amend section 12 of Public Law 19-118, as amended W&M by Public Laws Nos. 19-125, 19-135, 20-01, 20-14, 20-23, 20- 40, 20-46, and 20-74, to change the allottee for certain line item for Chuuk State and for other purposes. 20-236 To amend section 102 and 109 of title 40 of the Code of the EDUC. Federated States of Micronesia (Annotated) as amended, for the purpose of clarifying the authority of the Secretary of Education to regulate the creation, formation and operation of private
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schools in the Federated States of Micronesia in the interest of public safety and convenience, and for other puroses. 20-237 To amend Public Law No. 20-93, as amended by Public Laws W&M Nos. 20-93 and 20-120, by amending section 1 thereof, to change the use fund previously appropriated therein, to fund the priority infrastructure projects and other public projects and social programs in the state of Kosrae, and for other purposes. C.R. No. SUBJECT COMMITTEE 20-126 To confirm the nomination of Mr. Tulensru E. Waguk to serve EDUC. as a member of the Board of Regents for the College of Micronesia-Federated States of Micronesia, representing the state of Kosrae. 20-127 Approving and accepting a grant in the amount of $950,624 H&SA from the U.S. Department of Health and Human Services, Substajce Abuse and Mental Health Services Administration, to support the project entitled: “FSM Department of Health and Social Affairs SPF-PFS Projects.” PRESIDENTIAL SUBJECT COMMITTEE COMM. NO. 20-288 (Dated & received 08/10/18)- Designating Congressional Act INFO. No. 20-100 as Public Law No. 20-103: “To amend sections 1, 3, 8 and 9 of the Public Law No. 20-42, as amended by Public Laws Nos. 20-42, as amended by Public Laws Nos. 20-54, 20-64, 20- 67, 20-83, and 20-94, in order to appropriate $655,000 of additional funds from the General Fund of the Federated States of Microensia for fiscal year ending September 30, 2018, for other purposes.” 20-289 (Dated & received 08/10/18)- Designating Congressional Act INFO. No. 20-102 as Public Law No. 20-104: “To appropriate the sum of $100,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, for the purpose of funding relief efforts in Japan due to massive flooding in Western Japan, and for other purposes.” 20-290 (Dated 08/21/18 & received 08/22/18)- Transmitting the bill to T&C enact on anti-dumping law in the aviation services for the protection of the FSM people. 20-291 (Dated & received 08/22/18)- Transmitting a resolution, H&SA accepting the $950,624 financial grant from the U.S. Department of Human Services Substance Abuse and Mental Health Services Administration to support the project called: FSM Department of Health and Social Affairs SPF-PFS Project. 20-292 (Dated & received 08/24/18)- Designating Congressional Act INFO. No. 20-103 as Public Law No. 20-106: “To further amend Public Law No. 20-1006: “To further amend Public Law No. 15-32, as amended by Public Laws Nos. 15-36, 15-44, 15-57, 15-63, 15- 73, 15-78, 16-03, 16-11, 16-33, 16-46, 17-12, 17-21, 17-33, 17- 40, 18-17, 18-67, 18-85, 18-104, 19-17, 19-100, 19-157 and 20- 83, by amending section 2 thereof, for the purpose of changing the lapse date of certain funds previously appropriated therein, to fund public projects and social programs for the people of
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Yap, Kosrae, Pohnpei and Chuuk States, and for other purposes.” 20-294 (Dated & received 08/24/18)- Designating Congressional Act INFO. No. 20-110 as Public Law No. 20-107: “To further amend Public Law No. 17-68, as amended by Public Laws Nos. 17-714, 17- 81, 17-84, 17-89, 17-90, 18-03, 18-10, 18-13, 18-32, 18-46, 18- 58, 18-87, 18-95, 19-16, 19-47, 19-87, 19-98, 19-123 and 20-28, by amending section 6 therein, for the purpose of changing the lapse date of certain funds previously appropriated to fund public projects and social programs in each of the states, and for other purposes. 20-295 (Dated & received 08/24/18)- Designating Congressional Act INFO. No. 20-106 as Public Law No. 20-108: “To further amend Public Law No. 16-49, as amended by Public Laws Nos. 16-68, 16-76, 17-06, 17-10, 17-23, 17-30, 17-45, 17-82, 17-85, 18-28, 18-45, 18-59, 18-86, 19-11, 19-106 and 19-110 by amending section 6 thereof, for the purpose of changing the lapse date of certain funds previously appropriated therein, to fund public projects and social programs in each of the states, and for other purposes.” 20-296 (Dated & received 08/24/18)- Designating Congressional Act INFO. No. 20-105 as Public Law No. 20-109: “To further amend Public Law No. 16-18, as amended by Public Laws Nos. 16-24, 16-32, 16-39, 16-45, 16-54, 16-67, 17-04, 17-14, 17-26, 17-39, 17-65, 18-27, 18-47, 18-80, 19-13 and 19-108, by amending section 2 thereof, to change the lapse date of certain funds previously appropriated therein, and for other purposes.” 20-297 (Dated & received 08/24/18)- Designating Congressional Act INFO. No. 20-107 as Public Law No. 20-1110: “To further amend Public Law No. 19-93, as amended by Public Laws Nos. 19-104 and 19-168, by amending section 2 thereof, for the purpose of changing the lapse date of funds previously appropriated therein, to fund priority projects and other programs in the state of Chuuk, and for other purposes.” 20-298 (Dated & received 08/24/18)- Designating Congressional Act INFO. No. 20-109 as Public Law No. 20-111: “To further amended Public Law No. 19-170, as amended by Public Law No. 19-170, as amended by Public Law No. 20-02, by amending section 6 thereof, to change the lapse date of funds previously appropriated therein, for the purpose of funding public projects and social programs in each of the states, and for other purposes.” 20-299 (Dated 08/29/18 & received 08/30/18)- Submitting re- EDUC. nomination of Mr. Tulensru Waguk to serve on the Board of Regents for the College of Micronesia-FSM representing the State of Kosrae, along with his resume. 20-300 (Dated & received 08/30/18)- Designating Congressional Act INFO. No. 20-112: “To further amend Public Law No. 18-99, as amended by Public Laws Nos. 18-106, 18-113, 18-121, 19-05, 19-34, 19-57, 19-74, 19-107, 20-18 and 20-24, by amending
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section 6 thereof, to change the lapse date of funds previously appropriated therein, to fund public projects and social programs for the people of the states of Yap, Kosrae, Pohnpei and Chuuk, and for other purposes.” 20-301 (Dated & received 08/30/18)- Designating Congressional Act INFO. No. 20-116 as Public Law No. 20-113: “To amend Public Law No. 20-31, as amended by Public Laws No. 20-41, 20-50 and 20-77, by amending section 3 thereof, to change the use of funds previously appropriated therein, to fund public projects and social programs for the people of Kosrae State, and for other purposes.” 20-302 (Dated & received 08/30/18)- VETOED Congressional Act No. W&M 20-101 in its entirety: To further amend title 55 of the Code of the Federated States of Micronesia (Annotated), as amended, by adding new section 1222 for the purpose of requiring twenty percent (20%) of all National Government fishing fees collected in a fiscal year to be deposited into the FSM Trust Fund, and to add a new section 324 of title 54 of Micronesia (Annotated), as amended, for the purpose of requiring fifty percent (50%) of the tax of all premiums collected from captive insurance companies in a fiscal year to be deposited into the FSM Trust Fund, and for other purposes.” 20-303 (Dated & received 08/30/18)- Transmitting a bill appropriated W&M $80,000,000 fro contributing to the FSM Trust Fund. 20-304 (Dated 08/30/18 & received 09/03/18)- Designating INFO. Congressional Act No. 20-108 as Public Law No. 20-114: “To further amend Public Law No. 19-141, as amended by Public Laws Nos. 19-147 and 19-171, by amending section 2 thereof, to change the lapse date of funds previously appropriated therein, for the purpose of defunded programs and activities of the Government of the state of Kosrae and public projects and social programs in the state of Chuuk, and for other purposes. 20-305 (Dated 08/31/18 & received 09/03/18)- Designating INFO. Congressional Act No. 20-112 as Public Law No. 20-115: “To further amend Public Law No. 18-11, as amended by Public Laws Nos. 18-44, 18-81, 19-33, 19-106, 19-128, 19-134, 19- 138, 20-11, 20-49, 20-55 and 20-62 by amending section 2 thereof, to change the lapse date of funds previously appropriated therein to assist the states of Pohnpei and Yap in retiring dept and covering budget shortfalls, and for other purpose.” 20-306 (Dated 08/31/18 & received 09/03/18)- Designating INFO. Congressional Act No. 20-116: “To further amend Public Law No. 19-10, as amended by Public Laws Nos. 19-26, 19-42, 19- 51, 19-56, 19-72, 19-78, 19-96, 19-132, 19-163, 20-03, 20-25 and 20-58, by amending section 6 thereof, to change the lapse date of funds previously appropriated therein, for the purpose of funding public projects and social programs in each of the states, and for other purposes.”
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20-307 (Dated 08/31/18 & received 09/03/18)- Designating INFO. Congressional Act No. 20-113 as Public Law No. 20-117: “To further amend Public Law No. 18-117, as amended by Public Laws Nos. 18-120, 19-04, 19-08, 19-35, 19-49, 19-59, 19-76, 19-102 and 20-26 by amending section 6 thereof, to change the lapse date of funds previously appropriated therein, for the purpose of funding public projects and social programs for the people of the states of Yap, Kosrae, Pohnpei and Chuuk, and for other purposes.” 20-308 (Dated 08/31/18 & received 09/03/18)- Designating INFO. Congressional Act No. 20-118: “To amend Public Law No. 19- 152, as amended by Public Laws Nos. 19-162, 20-08 and 20-27, by amending section 6 thereof, to change the lapse date of funds previously appropriated therein, for the purpose of funding public projects and social programs for the people of Yap, Kosrae, Pohnpei and Chuuk, and for other purposes.” 20-309 (Dated 08/31/18 & received 09/03/18)- Designating INFO. Congressional Act No. 20-117 as Public Law No. 20-119: “To further amend Public Law No. 19-64, as amended by Public Laws Nos. 19-81, 19-97, 19-120, 19-137, 20-29 and 20-86, by amending sections 1 and 2 thereof, to change the use and allottee of funds previously appropriated therein, for the purpose of funding public projects and social programs in the state of Pohnpei, and for other purposes.” 20-310 (Dated 08/31/18 & received 09/03/18)- Designating INFO. Congressional Act No. 20-118 as Public Law No. 20-120: “To amend Public Law No. 20-93, by amending sections 1 and 2 thereof, to change the use and allottee of funds previously appropriated therein, to fund priority infrastructure projects and other public projects and social programs in the state of Kosrae, and for other purposes.” 20-311 (Dated 09/12/18 & received 09/13/18)- Transmitting a bill that EDUC. clarifies the authroty of the Secretary of Education under Title 40 of the FSM Code. 20-312 (Dated 09/12/18 & received 09/13/18)- Transmitting a bill to ALL appropriated $21,198 as supplemental budget in order to be able RELEVENT to amicably resolve three pending court cases against the FSM COMMITTEES/ National Government. W&M 20-313 (Dated 09/12/18 & received 09/14/18)- Transmitting a INFO. communique, which was the outcome of the 49th PIF on September 06,, 2018 in Nauru. MEMBERS SUBJECT COMMITTEE COMM. NO. 20-35 (Dated 08/16/18 & received 09/12/18)- From the Hon. Wesley INFO. W. Simina, Speaker, 20th FSM Congress, submitting a trip report on Indonesia-Pacific Parliamentary Partnership, which took place in Jakarta, Indonesia on July 23-24, 2018.
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DEPARTMENT SUBJECT COMMITTEE AL COMM. NO. 20-67 (Dated 08/21/18 & received 08/22/18)- Frm Mrs. Magdalehna INFO. A. Walter, Secretary, Department of Health and Social Affairs, inviting Mr. Suda Rayel, to sit in a bedget meeting on SAPT & SPF-PSF proposals, in Pohnpei on 17-21 September 2018. 20-68 (Dated 08/22/18 & received 08/24/18)- From Deputy Secretary INFO. of the Department of Foreign Affairs, Mr. Samson E. Pretrick, forwarding a Diplomatic Note No. EJFSM/085/18 from the Embassy of Japan in the FSM with a copy of letter to Hon. Speaker Simina from Hon. Tadamori Oshima, Speaker of the House of Representatives. 20-69 (Dated & received 08/30/18)- From the Mrs. Sihna N. Lawrence, W&M/INFO. Secretary, Department of Finance & Administration, submitting the updated FY 2018 Revenue Projection and domestic revenue balance. AGENCY OR SUBJECT COMMITTEE GOV’T AUTHORITY COMM. NO. 20-51 (Dated 08/08/18 & received 08/09/18)- From Mr. Eugene R&D/INFO. Pangelinan, Executive Director, NORMA, expressing support on C.B. No. 20-2020-establishment of the Competent Authority and control of seafood for export to the European Union. 20-52 (Dated 08/15/18 & received 08/16/18)- From Dr. Joseph M. EDUC/INFO. Daisy, President/CEO, COM-FSM, on behalf of the Board of Regents, he is providing a copy of the college’s Financial Statement and Independent Auditor’s report, year ended September 30, 2017 and 2016; Independent Auditor’s reports on Internal Control on compliance, year ended September 30, 2017. 20-53 (Dated 08/16/18 & received 08/17/18)- From Mr. Jesse R&D/INFO. Giltamag, Banking Commissioner, submitting consolidated statement of assets and liabilities of the FSM commercial Banking System for the quarter ended 31 March 2018. 20-54 (Dated 09/06/18 & received 09/06/18)- From Mr. Kasio E. R&D/INFO. Mida, Senior Headquarters Executive, MRA, Inc., writing regarding 2 seminars organized by the MRA and the FSM Captive Unsurance Council to be held in Tokyo on November 02, 2018. STATE COMM. SUBJECT COMMITTEE NO. 20-25 (Dated 08/06/18 & received 08/24/18)- From Florence P. EX.AFF.INFO. Stanley, Chief Clerk, 14th Chuuk State Legislature, transmitting a copy of a certified resolution, adopted on July 27, 2018: “To request the Secretary of Foreign Affairs of the FSM to convey the Chuuk State Legislature appreciation to the UN Secretary General and the Administrator of the United States Development Programme in New York for the visit and assurance for the continueing partnership made by UN Assistant Secretary General and UNDP Assistant Administrator Mr. Haoliang Xu
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and Country Director and Head of Pacific Regional Policy and Programme Mr. Bakhodir Burkanov. 20-26 (Dated 08/16/18 & Received 08/30/18)- From Mr. Marius J. W&M/INFO. Akapito, Lt. Governor, State of Chuuk Government, submitting a proposed Joint Budget request for inclusion with any supplemental request by the state of Chuuk to Congress. MUNICIPAL/ SUBJECT COMMITTEE TOWN COMM. NO. 20-07 (Dated 07/20/18 & received 08/14/18)- From Mr. Jose San INFO. Nicolas, Mayor, Kolonia Town, transmitting a resolution requesting oversight for power generation and distribution in Pohnpei. 20-08 (Dated 07/20/18 & received 08/14/18)- From Mr. Jose San INFO. Nicolas, Mayor, Kolonia Town, transmitting another resolution from the local Chief Executives, requesting the re-establishment of the Outer Island Field Trip public services. 20-09 (Dated 08/22/18 & received 08/29/18)- Fr. Mr. Vitus H. Susaia, INFO. Director of Administration, Kolonia Town Government, inviting Speaker to a dinner that Payor of Kolonia was hosting in honor of the 8th National Women’s Conference. 20-10 (Dated 08/12/18 & received 09/13/18)- From Mr. Jack Harris, INFO. Speaker, Kolonia Town Council, inviting Speaker to participate in the Pohnpei Municipal Council Association Summit on September 29, 2018 at 10:00 a.m. of the economic aspect of the Compact of Free Association in a panel discussion. FOREIGN SUBJECT COMMITTEE GOV’T COMM. NO. 20-54 (Dated 08/20/18 &received 08/22/18)- From Hon. Gabriela INFO. CUEVAS BARRON, President, IPU, and Mr. Martin Chungong, Secretary General, IPU, extending an invitation to Speaker to brainstorm and further explore modalities to enhance cooperation of the parliaments and parliamentary organizations. 20-55 (Dated 08/22/18 & received 08/22/18)- From the Honorable INFO. Sabino Anastacio, Speaker, House of Delegates, Tenth Olbiil Era Kelulau, requesting that his Chief Clerk and another staff visit Congress during its session and observe, share ideas and learn. 20-56 (Dated 07/27/18 & received 09/07/18)- From Hon. Gabriela INFO. CUEVAS BARRON, President, IPU, regarding an IPU’s new research project on the SDGs and to complete the questionnaire. 20-57 (Dated 08/10/18 & received 09/07/18)- From Delsa Solorzano, EX.AFF/INFO. Chief oc the Venesuela delegation to the IPU, and EUDORO Gonzales, Chief of Mercosur, concerning the arbitrary detention and illegal removal of certain members of parliament... 20-58 (Dated 08/13/18 & received 09/0/18)- From Mr. Martin INFO. Chungong, Secretary General, IPU, requesting support in finanlzing the new version of IPU’s flagship database on national parliaments.
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20-59 (Dated 08/2/18 & received 09/07/18)- Mr. Martin Chungong, INFO. Secretary General, IPU, referring to a recent invitation to a series of event and activities for parliamentarians in the context of the 2018 World Investment Forum to be held in Geneva, 22-24 October 2018, and activities attached thereto. MISC. SUBJECT COMMITTEE COMM. NO. 20-26 (Dated & received 08/16/18)- From Ms. Elise A. Palsis, legal INFO. secretary, FSM Congress, submitting a trip report on her attendance at the APIPA 2018 in Palau. 20-27 (Dated & received 08/22/18)- From Mrs. Consuelo Esiel, Ms. INFO. Moria Rufes and Mrs. Angie Z. Kaster, submitting a combined trip report on their attendance/participation at the FSM Annuel Finance and Budget conference in Weno, Chuuk. 20-28 (Dated 08/21/18 & received 08/22/18)- From Ms. Jessicalynn INFO. Reyes, Assistant Chief Clerk, 20th FSM Congress, submitting a trip report on her participation on the official visit by the Hon. Speaker Simina and his delegation to Vietnam, 05-15 June 2018. 20-29 (Dated & received 08/13/18)- From Mrs. Maurina W. Christian, W&M first lady, requesting that Congress consider setting aside $200,000 each year for the next four or five years for all women activities in Micronesia, including participation in regional and global activities support showcasing our FSM effort in promoting women’s participation in, and contribution to, the Nation’s Strive toward sustainable economic achievement. 20-30 (Dated 09/05/18 & received 09/07/18)- From Mrs. Rose Donre, INFO. submitting a trip report, which provides a summary of her participation at the “Guam Professional Development Conference”, which took place in Guam, 29-31 August 2018.
Speaker Simina: Chairmen and members, take note for your planning purposes. Next item.
UNFINISHED BUSINESS
None
BILL CALENDAR
Chairman Urusemal: Short recess, Mr. Speaker.
Speaker Simina declared the Congress recessed at 11:06 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:15 a.m.
Speaker Simina: Congress comes back to session. First bill, Chief Clerk.
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C.B. No. 20-151 (1st Reading): To amend title 52 of the Code of the Federated States of Micronesia (Annotated), as amended, by adding a new section 212, to provide for Eligibility for Housing Allowance for Off-island Recruits for Public Service Sector positions within the National Government of the Federated States of Micronesia, and for other purposes.
Deferred on 08/06/18 to this session of Congress.
Speaker Simina: Chairman Urusemal.
Chairman Urusemal: I defer to the Chairman of J&GO, but can we hear the title first?
The Chief Clerk read the title of C.B. No. 20-151.
Speaker Simina: Chairman Romolow.
Chairman Romolow: I make a motion to pass the said bill.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that C.B. No. 20-151 be passed by Congress on First Reading. Discussions? What is the financial impact on this, Chairman Figir?
Chairman Figir: I don’t know. Mr. Speaker, seriously I think we need to look at and I guess it was done, but the bill, as I understand it, was withdrawn from the Committee. There is no financial analysis, the cost analysis of this measure – how much will it impact the government or the eligibility of the housing. It is not that I oppose the people getting some benefit, but we have other regulations concerning personnel. If we pass it today, perhaps we can defer it for second reading so that there is time for the Committee and Members of Congress to look at the intact.
Chairman Gouland: Short recess, Mr. Speaker.
Speaker Simina declared the Congress recessed at 11:18 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:31 a.m.
Speaker Simina: Congress comes back to session. Chairman Romolow.
Chairman Romolow: I make a motion to defer C.B. No. 20-151 to Friday.
Chairman Panuelo: Second.
Speaker Simina: It has been moved and seconded that C.B. No. 20-151 be deferred to Friday’s session. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. The bill, C.B. No. 20-151, is deferred. Next bill.
Floor Leader Harper: Mr. Speaker.
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Speaker Simina: Floor Leader Harper.
Floor Leader Harper: Thank you, Mr. Speaker. If I may not be out of order, I move to withdraw and place on the Bill Calendar the following bills: C.B. Nos. 20-230, 20-234, 20-238. I so move.
Chairman Figir: Second.
Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 11:33 a.m., subject to the call of the Chair.
RECESS
Senator Tiwiter Aritos entered the Chamber and took his seat at 11:36 a.m.
The Congress reconvened at 11:37 a.m.
Speaker Simina: Congress comes back to session. Floor Leader Harper, please restate your motion.
Floor Leader Harper: Thank you, Mr. Speaker. I would like to withdraw my motion as to the bills to be withdrawn and placed on the Bill Calendar for today: C.B. Nos. 20-180, 20-230, 20-231, 20-234, 20- 238, 20-239, 20-240, and 20-241. I so move.
Chairman Welly: Second.
Speaker Simina: It has been moved and seconded that the bills as stated by Floor Leader Harper be withdrawn and placed on the Bill Calendar for first reading action: C.B. Nos. 20-180, 20-230, 20-231, 20-234, 20-238, 20-239, 20-240, and 20-24.
Floor Leader Harper: Mr. Speaker.
Speaker Simina: Floor Leader Harper.
Floor Leader Harper: I also move that the rules that may impede our action be suspended at this time.
Chairman Welly: Second.
Speaker Simina: It has been moved and seconded that any relevant rules that may impede our action be suspended. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. The relevant rules are suspended. Let’s vote on the motion for withdrawal and placement of the bills. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. The bills, C.B. Nos. 20-180, 20-230, 20-231, 20-234, 20-238, 20-239, 20-240, and 20-241, are now withdrawn and placed for first reading action. First bill.
C.B. No. 20-180 (1st Reading): To further amend Public Law No. 19-121, as amended by Public Laws Nos. 19-130, 19-142, 20-09, 20-22, 20-51, 20-59 and 20-70, by amending section 6 thereof, to change the lapse date of funds previously appropriated therein, for the purpose of funding public
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projects and social programs for the people of the states of Yap, Kosrae, Pohnpei and Chuuk, and for other purposes.
Speaker Simina: Chairman Figir.
Chairman Figir: I move for the passage of the said bill, C. B. No. 20-180, on First Reading.
Chairman Welly: Second.
Speaker Simina: It has been moved and seconded that Congress pass C. B. No. 20-180 on First Reading. Discussions? If none, debate is closed. Let’s vote by roll call of Members. Chief Clerk.
The Chief Clerk took the roll call by Members.
Senator Alik Excused Senator Aritos Aye Senator Figir Aye Senator Gouland Aye Floor Leader Harper Aye Senator Konman Aye Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Aye Senator Perman Aye Senator Romolow Aye Senator Urusemal Aye Senator Welly Aye Speaker Simina Aye
Chief Clerk: Mr. Speaker, thirteen Members voted for.
Speaker Simina: For that reason, C.B. No. 20-180 has been passed by Congress on First Reading. Next bill.
C.B. No. 20-230 (1st Reading): To amend sections 1, 3 and 9 of Public Law No. 20-42, as amended by Public Laws Nos. 20-54, 20-64, 20-67, 20-83, 20-94, 20-103, in order to appropriate $70,320,000 of additional funds from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, and for other purposes.
Speaker Simina: Chairman Figir.
Chairman Figir: Thank you, Mr. Speaker. I move for the passage of the said bill, C. B. No. 20-230, on First Reading.
Chairman Welly: Second.
Speaker Simina: It has been moved and seconded that Congress pass C.B. No. 20-230 on First Reading. Discussions?
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Chairman Urusemal: Short recess.
Speaker Simina declared the Congress recessed at 11:42 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:43 a.m.
Speaker Simina: Congress comes back to session. We are still on discussion of C.B. No. 20-230.
Chairman Figir: Question.
Speaker Simina: Question has been called for. Let’s vote by roll call of Members. Chief Clerk.
The Chief Clerk took the roll call by Members.
Senator Alik Excused Senator Aritos Aye Senator Figir Aye Senator Gouland Aye Floor Leader Harper Aye Senator Konman Aye Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Aye Senator Perman Aye Senator Romolow Aye Senator Urusemal Aye Senator Welly Aye Speaker Simina Aye
Chief Clerk: Mr. Speaker, all the thirteen Members voted for.
Speaker Simina: For that reason, C.B. No. 20-230 has been passed by Congress on First Reading. Next bill.
C.B. No. 20-231 (1st Reading): To amend Public Law No. 20-92, by amending section 6 thereof, for the purpose of changing the allottee of funds previously appropriated therein, to fund public projects and social programs for the people of Yap State, and for other purposes.
Speaker Simina: Chairman Figir.
Chairman Figir: I so move.
Senator Neth: Second.
Speaker Simina: It has been moved and seconded that Congress pass on First Reading C.B. No. 20-231. Discussions?
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Chairman Urusemal: Mr. Speaker.
Speaker Simina: Chairman Urusemal.
Chairman Urusemal: On even small rat, I am concern about it. Is it okay to say President of the COM-FSM? Or is it the President of COM-FSM?
Speaker Simina: We will leave it as technical. Our staff will resolve that. Any further discussions? If none, let’s vote by roll call of Members. Chief Clerk.
The Chief Clerk took the roll call by Members.
Senator Alik Excused Senator Aritos Aye Senator Figir Aye Senator Gouland Aye Floor Leader Harper Aye Senator Konman Aye Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Aye Senator Perman Aye Senator Romolow Aye Senator Urusemal Aye Senator Welly Aye Speaker Simina Aye
Chief Clerk: Mr. Speaker, thirteen Members voted for.
Speaker Simina: For that reason, C.B. No. 20-231 has been passed by Congress on First Reading. Next bill.
C.B. No. 20-234 (1st Reading): To appropriate the sum of $7,000,000 from the General Fun of the Federated States of Micronesia for the fiscal year ending September 30, 2018, for the purpose of funding public projects and social programs for the people of Yap, Kosrae, Pohnpei and Chuuk states, and for other purposes.
Speaker Simina: Chairman Figir.
Chairman Figir: I so move for the passage of C.B. No. 20-234 on First Reading.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that Congress pass C.B. No. 20-234 on First Reading. Discussions? If none, debate is closed. Let’s vote by roll call of Members on First Reading. Chief Clerk.
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The Chief Clerk took the roll call by Members.
Senator Alik Excused Senator Aritos Aye Senator Figir Aye Senator Gouland Aye Floor Leader Harper Aye Senator Konman Aye Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Aye Senator Perman Aye Senator Romolow Aye Senator Urusemal Aye Senator Welly Aye Speaker Simina Aye
Chief Clerk: Mr. Speaker, thirteen Members voted for.
Speaker Simina: For that reason, C.B. No. 20-234 has been passed by Congress on First Reading. Next bill.
C.B. No. 20-238 (1st Reading): To appropriate the sum of $200,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, for the purpose of funding relief efforts in Guam and Saipan due to damages caused by Typhoon Mangkhut, and for other purposes.
Speaker Simina: Chairman Figir.
Chairman Figir: I move for short recess.
Speaker Simina declared the Congress recessed at 11:49 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:50 a.m.
Speaker Simina: Congress comes back to session. Chairman Figir.
Chairman Figir: Thank you, Mr. Speaker. I so move for the passage of C.B. No. 20-238 on First Reading.
Floor Leader Harper: Second.
Speaker Simina: It has been moved and seconded that Congress pass C.B. No. 20-238. Discussions? If none, debate is closed. Let’s vote by roll call of Members on First Reading.
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Sept. 18, 2018 CONGRESSIONAL JOURNAL – DAY TWO – 5RS – 20CFSM
The Chief Clerk took the roll call by Members.
Senator Alik Excused Senator Aritos Aye Senator Figir Aye Senator Gouland Aye Floor Leader Harper Aye Senator Konman Aye Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Aye Senator Perman Aye Senator Romolow Aye Senator Urusemal Aye Senator Welly Aye Speaker Simina Aye
Chief Clerk: Mr. Speaker, thirteen Members voted for.
Speaker Simina: For that reason, C.B. No. 20-238 has been passed by Congress on First Reading. Next bill.
C.B. No. 20-239 (1st Reading): To further amend Public Law No. 19-54, as amended by Public Laws Nos. 19-62, 19-75, 19-99, 19-119, and 20-04, by amending section 6 thereof, to change the lapse date of funds previously appropriated therein, and for other purposes.
Speaker Simina: Chairman Figir.
Chairman Figir: I move for the passage of the bill on First Reading.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that Congress pass C.B. No. 20-239 on First Reading. Discussions? If none, debate is closed. Let’s vote by roll call of Members on First Reading.
The Chief Clerk took the roll call by Members.
Senator Alik Excused Senator Aritos Aye Senator Figir Aye Senator Gouland Aye Floor Leader Harper Aye Senator Konman Aye Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Aye Senator Perman Aye Senator Romolow Aye Senator Urusemal Aye
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Sept. 18, 2018 CONGRESSIONAL JOURNAL – DAY TWO – 5RS – 20CFSM
Senator Welly Aye Speaker Simina Aye
Chief Clerk: Mr. Speaker, thirteen Members voted for.
Speaker Simina: For that reason, C.B. No. 20-239 has been passed by Congress on First Reading. Next bill.
C.B. No. 20-240 (1st Reading): To further amend Public Law No. 19-60, as amended by Public Laws Nos. 19-71, 19-80, 19-103, 19-148, 19-165 and 20-30, by amending section 6 thereof, to change the lapse date of certain funds previously appropriated therein to fund essential government functions, programs, projects and activities in each of the states, and for other purposes.
Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 11:54 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:55 a.m.
Speaker Simina: Congress comes back to session. Chairman Figir.
Chairman Figir: I move for the passage of the bill, C. B. No. 20-240, on First Reading.
Chairman Welly: Second.
Speaker Simina: It has been moved and seconded that Congress pass C.B. No. 20-240 on First Reading. Discussions? If none, debate is closed. Let’s vote by roll call of Members on First Reading.
The Chief Clerk took the roll call by Members.
Senator Alik Excused Senator Aritos Aye Senator Figir Aye Senator Gouland Aye Floor Leader Harper Aye Senator Konman Aye Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Aye Senator Perman Aye Senator Romolow Aye Senator Urusemal Aye Senator Welly Aye Speaker Simina Aye
Chief Clerk: Mr. Speaker, thirteen Members voted for.
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Sept. 18, 2018 CONGRESSIONAL JOURNAL – DAY TWO – 5RS – 20CFSM
Speaker Simina: For that reason, C.B. No. 20-240 has been passed by Congress on First Reading. Next bill.
C.B. No. 20-241 (1st Reading): To further amend Public Law No. 17-59, as amended by Public Laws Nos. 17-63, 17-66, 17-70, 17-77, 17-86, 18-21, 18-29, 18-64, 18-83, 19-18 and 19-113, by amending section 6 thereof, for the purpose of changing the lapse date of certain funds appropriated therein, and for other purposes.
Speaker Simina: Chairman Figir.
Chairman Figir: I move for the passage of the bill, C. B. No. 20-241, on First Reading.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that Congress pass C.B. No. 20-241 on First Reading. Discussions? If none, debate is closed. Let’s vote by roll call of Members on First Reading.
The Chief Clerk took the roll call by Members.
Senator Alik Excused Senator Aritos Aye Senator Figir Aye Senator Gouland Aye Floor Leader Harper Aye Senator Konman Aye Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Aye Senator Perman Aye Senator Romolow Aye Senator Urusemal Aye Senator Welly Aye Speaker Simina Aye
Chief Clerk: Mr. Speaker, thirteen Members voted for.
Speaker Simina: For that reason, C.B. No. 20-241 has been passed by Congress on First Reading. Next bill.
Chief Clerk: There are none, Mr. Speaker.
Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 11:59 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 12:01 p.m.
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Sept. 18, 2018 CONGRESSIONAL JOURNAL – DAY TWO – 5RS – 20CFSM
Speaker Simina: Congress comes back to session. Next item.
RESOLUTION CALENDAR
None
INTRODUCTION OF BILLS
C.B. No. 20-230: Introduced by: Speaker Simina Date: Sept. 18, 2018 Assigned to: W&M
To amend sections 1, 3 and 9 of Public Law No. 20-42, as amended by Public Laws Nos. 20-54, 20-64, 20-67, 20-83, 20-94 and 20-103, in order to appropriate $70,320,000 of additional funds from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, and for other purposes.
C.B. No. 20-231: Introduced by: Senator Urusemal Date: September 18, 2018 Assigned to: W&M
To amend Public Law No. 20-92, by amending section 6 thereof, for the purpose of changing the allottee of funds previously appropriated therein, to fund public projects and social programs for the people of Yap State, and for other purposes.
C.B. No. 20-232: Introduced by: Floor Leader Harper (by request) Date: Sept. 18, 2018 Assigned to: T&C
To amend title 20 of the Code of the Federated States of Micronesia (Annotated), by creating a new chapter 15, in order to establish rules on competition and anti- dumping in air services, and for other purposes.
C.B. No. 20-233: Introduced by: Floor Leader Harper (By request) Date: Sept. 18, 2018 Assigned to: W&M
To appropriate the sum of $80,000,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, for the purpose of contributing additional funds to the FSM Trust Fund, and for other purposes.
C.B. No. 20-234: Introduced by: Senator Gouland Date: September 18, 2018 Assigned to: W&M
To appropriate the sum of $7,000,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, for the purpose of funding public projects and social programs for the people of Yap, Kosrae, Pohnpei and Chuuk states, and for other purposes.
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Sept. 18, 2018 CONGRESSIONAL JOURNAL – DAY TWO – 5RS – 20CFSM
C.B. No. 20-235: Introduced by: Senator Gouland Date: Sept. 18, 2018 Assigned to: W&M
To further amend section 12 of Public Law 19-118, as amended by Public Laws Nos. 19-125, 19-135, 20-01, 20-14, 20-23, 20-40, 20-46 and 20-74, to change the allottee for a certain line item for Chuuk State, and for other purposes.
C.B. No. 20-236: Introduced by: Floor Leader Harper (By request) Date: Sept. 18, 2018 Assigned to: EDUC
To amend sections 102 and 109 of title 40 of the Code of the Federated States of Micronesia (Annotated) a amended, for the purpose of clarifying the authority of the Secretary of Education to regulate the creation, formation and operation of private schools in the Federated States of Micronesia in the interest of public safety and convenience, and for other purposes.
C.B. No. 20-237: Introduced by: Senator Welly Date: Sept. 18, 2018 Assigned to: W&M
To amend Public Law No. 20-93, as amended by Public Laws Nos. 20-93 and 20-120, by amending section 1 thereof, to change use of funds previously appropriated therein, to fund priority infrastructure projects and other public projects and social programs in the state of Kosrae, and for other purposes.
C. B. No. 20-238: Introduced by: Speaker Simina Assigned to: W&M Date introduced: September 18, 2018
To appropriate the sum of $200,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, for the purpose of funding relief efforts in Guam and Saipan due to damages caused by Typhoon Mangkhut, and for other purposes.
C. B. No. 20-239: Introduced by: Senator Welly Assigned to: W&M Date introduced: September 18, 2018
To further amend Public Law No. 19-54, as amended by Public Laws Nos. 19-62, 19-75, 19-79, 19-99, 19-119 and 20-04, by amending section 6 thereof, to change the lapse date of funds previously appropriated therein, and for other purposes.
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Sept. 18, 2018 CONGRESSIONAL JOURNAL – DAY TWO – 5RS – 20CFSM
INTRODUCTION OF RESOLUTIONS
C.R. No. 20-126: Introduced by: Floor Leader Harper (By request) Date: Sept. 18, 2018 Assigned to: EDUC
To confirm the nomination of Mr. Tulensru E. Waguk to serve as a member of the Board of Regents for the College of Micronesia-Federated States of Micronesia, representing the state of Kosrae.
C.R. No. 20-127: Introduced by: Floor Leader Harper (By request) Date: Sept. 18, 2018 Assigned to: H&SA
Approving and accepting a grant of in the amount $950,624 from the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, to support the project entitled: “FSM Department of Health and Social Affairs SPF-PFS Project”.
C.R. No. 20-128: Introduced by: Senator Figir Date: September 18, 2018 Assigned to: NONE
Setting the ceiling of the total funds estimated to be available for appropriation from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018.
MISCELLANEOUS COMMUNICATIONS
-No. 20-31 - (Dated and received 09/17/18) – From FSM Congress staff attorney Alik K. Jackson, submitting a summary of the outcome of the bilateral consultations between the National Oceanic Resource Management Authority (NORMA) and several domestic fishing companies in Guam on August 30 to September 04, 2018.
Speaker Simina: That is important. Read it. I think it is quite a challenge for us. Next item.
MISCELLANEOUS BUSINESS
Speaker Simina: Do you have any miscellaneous business?
Chairman Perman: Mr. Speaker.
Speaker Simina: Chairman Perman.
Chairman Perman: Thank you, Mr. Speaker. I don’t know how concern Members are, but for me, I am a little concerned. Vice Speaker and I were able to dense the technology. We avoided the huge typhoon, the strongest typhoon this year to hit the Philippines. We decided to stay back, and of course, the plane diverted that night. It is also storm/typhoon season. For me, being here for two terms, I know there are storms coming, 2023 and 2024. We created a committee on JCRP and I have not heard anything to make me feel like, “we are ready.” Also, being here for two terms, I have learned a lot, especially our compact fund, how much money we will be making. According to the expertise, sometimes, and maybe years, three
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Sept. 18, 2018 CONGRESSIONAL JOURNAL – DAY TWO – 5RS – 20CFSM years in a row without any precede coming down. My question is, are we going to have the same structure of government? Whatever money we have set aside will be able to – the major one is the distribution formula. Are we going to have the same – is it going to be carried over from 2023 to 2024? These are the uncertainties that are actually bothering me and I hope the Committee on JCRP, being here for that long, for three years going on four years, maybe we should not be part of that Committee. We created the committee and put ourselves in it. Maybe we should let JCRP do their job and we ask them, or demand, whatever necessary or statement we should do, to provide us what is our future looking like and what should we be doing and getting ourselves ready. This is a small concern I have. There is a storm coming, and I don’t know if it is going to be a group for five storms, but it is coming and it is something we must address. Thank you, Mr. Speaker.
Speaker Simina: Thank you, Chairman Perman. Yes, of course, the JCRP is our creation. It is up to us to un-create it or to amend it. Whatever we must do. But, I will tell you this: the four Members of Congress are probably the best experts on this. For me, the distribution formula, we have been talking about it. I think it is more appropriate for the state-national leadership conference to do it and bring it to Congress to legislate on it. That is what had done before. Any other miscellaneous business?
Floor Leader Harper: Mr. Speaker.
Speaker Simina: Floor Leader Harper.
Floor Leader Harper: Just a minor miscellaneous. I look at our bills today, which keep amending the lapse date of our public projects. I think it is very necessary that this Congress look into the possibility of going back to the formal language, which used to be in our public project laws, which says, “The funds will remain available until fully expended.” To keep amending the lapse dates is just a waste of paper and money. If we just reinsert that language, I think one paper will last forever until the project is fully expended. Thank you, Mr. Speaker.
Speaker Simina: Thank you, Floor Leader Harper. I think it is only Kosrae and Yap that needing the lapse dates.
Chairman Urusemal: There are many ways that leads to wrong. You can fly Lufthansa, Air France, or this United – it is this Congress. We have set a policy of two years for public projects. A policy that is maybe by the Fifteenth, Sixteenth, or Seventeenth Congress, two years back, but then Congress is saying “Two years, but let’s extend it to more years.” So, including my millions of dollars sitting around somewhere in Ngolu, if they don’t move on it by January, we will put it in the Trust Fund. There is no such thing as time unlimited when it comes to public projects. So, let’s stick with the year timeline of the projects.
Speaker Simina: Chairman Welly, do you have any comments on his comments?
Chairman Welly: My comments are that a lot of our projects are not expedite because of Congress, but because of Finance and that is why we have to extend our projects. I am speaking for Kosrae. Thank you.
Speaker Simina: Very practical comments. Any other miscellaneous business? If none, Announcements.
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Sept. 18, 2018 CONGRESSIONAL JOURNAL – DAY TWO – 5RS – 20CFSM
ANNOUNCEMENTS
Speaker Simina: Chairman Welly.
Chairman Welly: Thank you, Mr. Speaker. No announcements from your Committee on External Affairs. Thank you.
Speaker Simina: Chairman Figir.
Chairman Figir: Your Committee on Ways and Means will have its final markup budget tomorrow, right after the session until we finished with the budget. I ask the member of the Committee to make themselves available. Don’t skip the mark up and then come back and complain.
Speaker Simina: Thank you, Chairman Figir. Take note, members of the Committee on Ways and Means. Chairman Perman.
Chairman Perman: Thank you, Mr. Speaker. Please check the monitor. We will have a hearing tomorrow at 2:30 with the nomination for member for Social Security. Thank you.
Speaker Simina: Thank you, Chairman Perman. Take note members of H&SA. Chairman Romolow.
Chairman Romolow: Thank you, Mr. Speaker. Your Committee on J&GO will with the Committee on External Affairs will hold a joint public hearing on the issue of banning on the Filipino workers today at 1:00 o’clock, and I encourage all members to come.
Speaker Simina: Thank you, Chairman Romolow. Please include the issue of off-island workers on the bill, if that can be accommodated. Chairman Panuelo.
Chairman Panuelo: Mr. Speaker, I again, announce for the executive hearing tomorrow at 8:30 a.m. before Congressional session. That is the first announcements. Second, Pohnpei Delegation, the President is meeting with us right after session, at the Lounge. Thank you, Mr. Speaker.
Speaker Simina: Thank you, Chairman Panuelo. Take note, members of R&D and Pohnpei Delegation. Chairman Gouland.
Chairman Gouland: Thank you, Mr. Speaker. Special announcement to Kosrae Delegation and Yap Delegation to see our lawyer, Stephanie Ritland, after the session. Thank you.
Speaker Simina: Take note of that announcement. Chairman Urusemal.
Chairman Urusemal: Thank you, Mr. Speaker. Your Committee on Education was trying to allow the other committees to finish on the budget, but I need to do some work relating to nominations. Starting next week, we will be holding public hearings on nominations, college oversight and as well as the Department of Education on this dream about PATS. Thank you.
Speaker Simina: Thank you, Chairman Urusemal. Take note, members of Education Committee.
Chairman Figir: Short recess.
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Sept. 18, 2018 CONGRESSIONAL JOURNAL – DAY TWO – 5RS – 20CFSM
Speaker Simina declared the Congress recessed at 12:12 p.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 12:15 p.m.
Speaker Simina: Congress comes back to session. Vice Speaker Moses, announcements? Senator Neth. Senator Aritos. Senator Konman. Floor Leader Harper, do you have any announcements before your usual motion.?
Floor Leader Harper: Mr. Speaker, no announcements, but I move that we stand in recess until 10:00 a.m., tomorrow.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that Congress stand in recess until tomorrow at 10:00 a.m., in the morning. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. Congress, now, stands in recess until tomorrow at 10:00 a.m., in the morning.
Speaker Simina declared that the Congress stand in recess at 12:16 p.m., Tuesday, September 18, 2018, until tomorrow, Wednesday, September 19, 2018, at 10:00 a.m.
Respectfully submitted,
Liwiana Ramon Ioanis Chief Clerk
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CONGRESSIONAL JOURNAL TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIFTH REGULAR SESSION
DAY THREE Wednesday, September 19, 2018
The Third Day of the Fifth Regular Session of the Twentieth Congress of the Federated States of Micronesia was called to order at 10:30 a.m., Wednesday, September 19, 2018.
Speaker Wesley W. Simina presided.
A moment of silent prayer was observed.
The Chief Clerk called the roll. Thirteen Members were present; Chairman Alik was excused.
Floor Leader Harper moved to dispense with the reading of the Journal; Chairman Urusemal seconded, and the motion carried by voice vote.
PRESIDENTIAL COMMUNICATIONS
-No. 20-314 - (Dated 09/17/18 and received 09/18/18) – Transmitting for review and action a proposed resolution approving and accepting a grant assistance by the U.S. Department of Health & Human Services, Centers for Disease Control and Prevention in the amount of $693,970 to fund and support the FSM Public Health and Healthcare Emergency Preparedness Project managed by the FSM Department of Health & Social Affairs.
-No. 20-315 - (Dated 09/17/18 and received 09/18/18) – Transmitting a resolution approving a grant from the United States Health Resources and Services Administration, in the amount of $128,625 to fund the Maternal and Child Health Services in the FSM.
-No. 20-316 - (Dated 09/17/18 and received 09/18/18) – Transmitting a resolution approving a grant from the United States Health Resources and Services Administration in the amount of $147,000 to fund the Maternal and Child Health Services in the FSM.
-No. 20-317 - (Dated and received 09/18/18) – Transmitting the FY 2018 supplemental budget in the total amount of $4,470,000.
-No. 20-318 - (Dated 09/17/18 and received 09/18/18) – Transmitting a resolution expressing Congress’ support of FSM’s formal application to become a member of the Western Interstate Commission for Higher Education (WICHE).
Speaker Simina: Chief Clerk, assign those Communications. Next item.
FSM SUPREME COURT COMMUNICATIONS
None
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Sept. 19, 2018 CONGRESSIONAL JOURNAL – DAY THREE – 5RS – 20CFSM
MEMBER COMMUNICATIONS
None
DEPARTMENTAL COMMUNICATIONS
-No. 20-70 - (Dated 09/17/18 and received 09/18/18) – From the Hon. Lorin S. Robert, Secretary, FSM Department of Foreign Affairs, sharing a communication from the US Embassy advising of an upcoming visit to the FSM by the Hon. Thomas B. Modly, United States Under Secretary of the Navy, slated for September 26-27, 2018 and attaching the CV for Mr. Modly.
-No. 20-71 - (Dated 09/17/18 and received 09/18/18) – From the Hon. Lorin S. Robert, Secretary, FSM Department of Foreign Affairs, forwarding a letter from H.E. President Tommy E. Remengsau, Jr. of Palau, inviting Speaker to Palau’s 24th Independence Day Celebrations, which is scheduled to be held on Oct. 01, 2018.
Speaker Simina: Chief Clerk, assign those Communications. Next item.
AGENCY OR GOVERNMENTAL AUTHORITY COMMUNICATIONS
None
STATE COMMUNICATIONS
None
STATE SUPREME COURT COMMUNICATIONS
None
MUNICIPAL OR TOWN COMMUNICATIONS
-No. 20-11 - (Dated 09/15/18 and received 09/18/18) – From Mr. Jose San Nicolas, Mayor, Kolonia Town Government, extending greetings and respectfully requesting Speaker to grant administrative leave to all FSM Congress employees who are legal residents of Kolonia to be able to join the ceremonial activities scheduled for the 34th anniversary of the Kolonia Town Constitution Day.
Speaker Simina: How many times they have this kind of celebration in Kolonia Town? How many constitutions they have? Next item.
FOREIGN GOVERNMENT COMMUNICATIONS
None
ORDER OF THE DAY
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Sept. 19, 2018 CONGRESSIONAL JOURNAL – DAY THREE – 5RS – 20CFSM
STANDING COMMITTEE REPORTS
-SCR No. 20-76, RE: Presidential Communication No. 20-211, “Fiscal year 2019 recommended budget.” – EX.AFF – (Recommends approval of the amounts listed in the report subject to the conditions and limitations set forth herein and the availability of funds as determined by your Committee on EX.AFF/Sept. 17, 2018).
Deferred on 09/18/18 to today.
Speaker Simina: Chairman Welly.
Chairman Welly: Thank you, Mr. Speaker. I so move.
Senator Neth: Second.
Speaker Simina: It has been moved and seconded that Congress adopt Standing Committee Report No. 20-76. That is the budget portion under the Committee on External Affair’s jurisdiction. I am sure you have read through the report. It is a comprehensive one. Discussions? Chairman Welly?
Chairman Welly: Thank you, Mr. Speaker. The report, SCR No. 20-76, is very thorough and very small increases in some parts of it. It is basically for the secretary positions in three of the overseas offices. Thank you, Mr. Speaker.
Speaker Simina: Thank you, Chairman Welly. Any other discussions from members of the Committee and other Members of Congress?
Floor Leader Harper: Mr. Speaker.
Speaker Simina: Floor Leader Harper.
Floor Leader Harper: I don’t have any question regarding the report, SCR No. 20-76, but I want to express my complain. Yesterday I had the report, SCR No. 20-76, in my package, but today I don’t have it anymore.
Speaker Simina: The reports are starting to develop legs. Short recess.
Speaker Simina declared the Congress recessed at 10:35 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 10:45 a.m.
Speaker Simina: Congress comes back to session. We are still on discussions of the report, SCR No. 20-76. Chairman Romolow, you have the floor.
Chairman Romolow: Thank you, Mr. Speaker. Good morning to you, Members, and all. I wish to raise my concern with the overseas offices, namely, the one in Portland and the one in Guam. I was not at the hearing, but I want to know if the question has raised. I understand that the position that is filled at the Consulate Office in Portland was filled by an individual who had held higher position at the embassies. To
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Sept. 19, 2018 CONGRESSIONAL JOURNAL – DAY THREE – 5RS – 20CFSM my understanding, this was not of his will. It was more of a request to him to take that position to start it out and open the position at the Consulate Office and was asked to remain and take that demotion position. I wish I was in the hearing so I can ask to protect the integrity of the government to – I know it will be a violation of the public service act to demote an individual without cause. I don’t know if this question was raised of why this individual was demoted from first secretary to Foreign Service Officer at the Consulate Office, from an embassy to a consulate office. Thank you.
Speaker Simina: Thank you, Chairman Romolow. Your concerns should be noted by the Chairman and the Committee on External Affairs. They will look into it. Any further discussion on the report, SCR No. 20-76?
Chairman Urusemal: Mr. Speaker.
Speaker Simina: Chairman Urusemal.
Chairman Urusemal: Not on the report, SCR No. 20-76, but in general terms. I wish, for the government, when looking for consul generals, just generals in general and ambassadors, deputy ambassadors, that they would consider spreading the wealth. The poor individual, the young man who started the office, I thought the most natural thing for him, I thought, would be for him to continue in that office as the Consul General. I know this position is at the mercy and pleasure of the President. But, in a way, I want to put on the record that I probably failed in trying to convince the administration to appoint this individual to head that office. If he was given the chance to run it for, I believe, more than a month, he should have been given the opportunity to run it all the way. Thank you, Mr. Speaker.
Speaker Simina: Thank you, Chairman Urusemal. You are supporting the same issue raised by Chairman Romolow? Are we talking about the same person?
Chairman Urusemal: Of course. I had to intervene and stop the spouse of the individual from raising all kinds of concerns and things in a restaurant, because she, for one, was really adamant. She couldn’t take the fact that her husband was working in an embassy and is now working in a consulate office. For her, that is a very bad demotion for her husband. Thank you.
Speaker Simina: Understood, Chairman Urusemal. I guess I don’t know whether his legal position title changed from foreign position or something. I heard from Foreign Service Officer position, the salary changed. I don’t know. Or is it just because of the location from embassy to consulate office? I don’t know either.
Chairman Romolow: Mr. Speaker.
Speaker Simina: Chairman Romolow.
Chairman Romolow: Yes, indeed. The position has to change. They are kind of the first foreign secretaries at the Consulate Office. I thought I also bring up a classic example of what happened. I was once with the Foreign Service Office. I had to consent to take a demotion position when I relocated to Guam. I had to resign from the higher position at the department and applied for the other position, because it is a violation of the act. To my knowledge, that did not happen to the change of position at the embassy to the consulate office in Portland. Thank you.
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Sept. 19, 2018 CONGRESSIONAL JOURNAL – DAY THREE – 5RS – 20CFSM
Speaker Simina: Thank you. I am sure Chairman Welly is taking note of this so he can do it in an oversight hearing. Do you have something to add, Chairman Welly?
Chairman Welly: Yes. Thank you, Mr. Speaker. When we had that confirmation hearing in Portland, the person we are talking about -demoting, was there. Also, Senator Romolow was there. I wonder why he didn’t ask him these questions when we were out there. He should have answered all the questions and increase regarding the transfer and the change in salary. Thank you, Mr. Speaker.
Speaker Simina: Thank you, Chairman Welly. I guess we had our opportunities. The discretion of the President is not unfettered. We had the advice and consent authority. I guess we all unanimously voted for the new consul general. That is something we have to work on in the future. Any further discussion on the report?
Chairman Figir: Mr. Speaker.
Speaker Simina: Chairman Figir.
Chairman Figir: Thank you, Mr. Speaker. I just wanted to say that on the record that Committee on Ways and Means, which I think the office of personnel, falls within its jurisdiction and will look at this and I wanted it to reflect in the record. It is because we need to look at the personnel regulations to see if their decision is consistent with the personnel regulation. This position that we are talking about is under the public service system so we will do that and have an oversight on it along with the committee of Judiciary and Governmental Operations.
Speaker Simina: Thank you, Chairman Figir.
Chairman Figir: I move for the previous question.
Chairman Urusemal: Second.
Speaker Simina: Question has been called for. I want to see, since this is a budget report, if there is any one that has any last words? If none and if there is no objection, debate is closed. Let’s vote. All those in favor of the adoption of SCR No. 20-76 say “aye” – opposed “nay”. The motion is carried. The SCR No. 20-76 has now adopted by Congress. Next report.
Chief Clerk: There are none, Mr. Speaker.
Speaker Simina: Next item.
SPECIAL COMMITTEE REPORTS
-No. 20-13, RE: Presidential Communication No. 20-211, “Fiscal year 2019 – SCOCC&EI – (Recommends sums set forth in the report subject to availability of funds as determined by the communication on W&M/Sept. 18, 2018).
Speaker Simina: Vice Chairman Neth.
Senator Neth: Thank you, Mr. Speaker. If the corrected version of the report has been distributed, then I so move for the adoption of the report (Special Committee Report No. 20-13).
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Senator Konman: Second.
Speaker Simina: It has been moved and seconded that Congress adopt the report (Special Committee Report No. 20-13). Discussions?
Senator Neth: Thank you, Mr. Speaker. Now, whatever was submitted by the President, the committee is in full support and recommending for approval.
Speaker Simina: There you have it. Any further discussions?
Floor Leader Harper: Mr. Speaker.
Speaker Simina: Floor Leader Harper.
Floor Leader Harper: Thank you, Mr. Speaker. Just to refresh my mind, I thought the director position was elevated to a secretary position. Isn’t it?
Speaker Simina: Well, that is a department now. It should be reflected in the budget.
Floor Leader Harper: Thank you. I just saw this director position and that is why I asked.
Speaker Simina: It should be secretary and that is the official decision. Is there any further discussion?
Chairman Urusemal: Just a very small one. Now that we know that the position of the director has been elevated to a secretary position, does the salary correspond to the title of secretary?
Speaker Simina: As far as we know, yes.
Chairman Urusemal: Does that mean yes?
Speaker Simina: Yes. I think. Any other comments? If there is no objection, debate is closed. Let’s vote. All those in favor for the adoption of Special Committee Report No. 20-13 say “aye” – opposed “nay”. The motion is carried. The Special Committee Report No. 20-13 is adopted by Congress. Next report.
Chief Clerk: There are none, Mr. Speaker.
Speaker Simina: Next item.
ASSIGNMENT OF MEASURES AND COMMUNICATIONS
The Chief Clerk called attention to Referral Sheet No. 20-80.
TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIFTH REGULAR SESSION September 17, 2018 to October 06, 2018 COMMITTEE REFERRAL
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REFERRAL SHEET NO. 20-80, DAY 03, WEDNESDAY, 09/19/18, AT 10:00 A.M.
C.B. NO. SUBJECT COMMITTEE 20-238 To appropriate the sum of $200,000 from the General W&M Fund of the Federated States of Micronesia for the fiscal year ending September 30,2018, for the purpose of funding relief efforts in Guam and Saipan due to damages caused by Typhoon Mangkhut, and for other purposes. 20-239 To further amend Public Law No. 19-54, as amended by W&M Public Laws Nos. 19-62, 19-75, 19-79, 19-99, 19-119 and 20-04, by amending section 6 thereof, to change the lapse date of funds previously appropriated therein, and for other purposes. 20-240 To further amend Public Law No. 19-60, as amended by W&M Public Laws Nos. 19-71, 19-80, 19-103, 19-148, 19-165 and 20-30, by amending section 6 thereof, to change the lapse date of certain funds previously appropriated there to fund essential government functions, programs, projects and activities in each of the states, and for other purposes. 20-241 To further amend Public Law No. 17-59, as amended by W&M Public Laws Nos. 17-63, 17-66, 17-70, 17-77, 17-86, 18- 21, 18-29, 18-64, 18-83, 19-18 and 19-113, by amending section 6 thereof, for the purpose of changing the lapse date of certain funds previously appropriated therein, and for other purposes. 20-242 To further amend Public Law No. 20-53, as amended by W&M Public Law Nos. 20-57,20-61,20-69, 20-91 and 20-96, by amending sections 3 and 5 thereof, to change the use and allottee of funds previously appropriated therein, for the purpose of funding priority infrastructure projects and other projects and programs in the state of Pohnpei, and for other purposes. 20-243 To appropriate the sum of $21,198 from the General W&M Fund of the Federated States of Micronesia for the fiscal year ending September 30,2018, in order to settle three pending court cases against the FSM Government, and for other purposes. C.R. NO. SUBJECT COMMITTEE 20-128 Setting the ceiling of the total funds estimated to be NONE available for appropriation from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018. MEMBER SUBJECT COMMITTEE COMM. NO. 20-36 (Dated and received 09/17/18) – From the Hon. Robson H&SA/INFO. U. Romolow, head of the FSM Delegation, which consisted of Vice Chairman Dion G. Neth and staff attorney Catherine Allen, submitting a trip report on the
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WHO 4th Asia Pacific Parliamentarians Forum on Global Health in Manila, 23-24 August 2018. AGENCY OR SUBJECT COMMITTEE GOV’T AUTHORITY COMM. NO. 20-55 (Dated and received 09/14/18) – From Ms. Anna R&D/INFO. Mendiola, President/CEO, FSM Development Bank, submitting a request for capital funding for the FSM Development Bank Business Development Loan Fund. FOREIGN SUBJECT COMMITTEE GOV’T COMM. NO. 20-60 (Dated 09/06/18 and received 09/17/18) – From Hon. INFO. Yang Zhenwu, Secretary General of the Standing Committee, National People’s Congress of China, submitting the Curriculum Vitae of Mr. Chen Guomin, Chinese candidate for the membership of the IPU Executive Committee. MISC. SUBJECT COMMITTEE COMM. NO. 20-31 (Dated and received 09/17/18) – From FSM Congress R&D/INFO. staff attorney Alik K. Jackson, submitting a summary of the outcome of the bilateral consultations between the National Oceanic Resource Management Authority (NORMA) and several domestic fishing companies in Guam on August 30 to September 04, 2018.
Speaker Simina: Chairmen and members, take note of the Referral Sheet for your planning purposes. Next item.
UNFINISHED BUSINESS
None
BILL CALENDAR
C.B. No. 20-180 (2nd Reading): To further amend Public Law No. 19-121, as amended by Public Laws Nos. 19-130, 19-142, 20-09, 20-22, 20-51, 20-59 and 20-70, by amending section 6 thereof, to change the lapse date of funds previously appropriated therein, for the purpose of funding public projects and social programs for the people of the states of Yap, Kosrae, Pohnpei and Chuuk, and for other purposes.
Speaker Simina: Chairman Figir.
Chairman Figir: I move for the passage of the bill (C. B. No. 20-180) on Second and Final Reading.
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Floor Leader Harper: Second.
Speaker Simina: It has been moved and seconded that Congress pass on Second and Final Reading C.B. No. 20-180. Discussions? If none, let’s vote by roll call of Delegations.
The Chief Clerk took the roll call by States.
State of Chuuk: Chairman Aritos Aye State of Pohnpei: Chairman Panuelo Aye State of Kosrae: Chairman Welly Aye State of Yap: Chairman Urusemal Aye
Chief Clerk: Mr. Speaker, all the four States voted for.
Speaker Simina: For that reason, C.B. No. 20-180 has been passed by Congress on Second and Final Reading. Next bill.
C.B. No. 20-230 (2nd Reading): To amend sections 1, 3, and 9 of Public Law No. 20-42, as amended by Public Laws Nos. 20-54, 20-64, 20-67, 20-83, 20-94 and 20-103, in order to appropriate $70,320,000 of additional funds from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, and for other purposes.
Speaker Simina: Chairman Figir.
Chairman Figir: I move that Congress pass Congressional Bill No. 20-230 on Second and Final Reading.
Floor Leader Harper: Second.
Speaker Simina: It has been moved and seconded that Congress pass C.B. No. 20-230 on Second and Final Reading. Discussion?
Chairman Figir: Mr. Speaker.
Speaker Simina: Chairman Figir.
Chairman Figir: I have an amendment that I wish to offer. It has been printed and duplicated and I ask that instead of reading it that it be inserted into the bill (C. B. No. 20-230) as amended. I so move.
Amendment to C.B. No. 20-230 Offered by Senator Isaac V. Figir
C.B. No. 20-230 is hereby amended to read as follows:
1. Title, line 1, after “3” insert “,8”. 2. Title, line 3, delete “$70,320,000” and insert “$72,810,000” in lieu thereof. 3. Title, line 5, after “2018,” insert “to provide funding for the operations of the National Government of the Federated States of Micronesia, various grants, subsidies and contributions and Capital and Human Resources Development, including additional funding for the FSM Trust Fund,”
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4. Page 1, line 2, after “20-83” insert “, 20-94”. 5. Page 1, line 5, delete “$164,059,022” and insert “$166,569,022” in lieu thereof. 6. Page 2, line 5, delete “$7,035,286” and insert “$3,384,498” in lieu thereof. 7. Page 2, line 12, delete “$3,404,498” and insert $3,384,498” in lieu thereof. 8. Page 2, line 19, delete “1,183,365” and insert “1,183,368” in lieu thereof. 9. Page 3, line 1, delete “2,390,787” and insert “2,410,787” in lieu thereof. 10. Page 3, line 5, delete “1,004,757” and insert “1,024,757” in liue thereof. 11. Page 4, after line 17, insert the following: “Section 3. Section 8 of Public Law No. 20-42, as amended by Public Laws Nos. 20-54, 20-67, 20- 83 and 20-103, is hereby further amended to read as follows”
Section 8: Grants, Subsidies and Contributions. The sum of [$13,813,417] $15,043, 417 or so much thereof as may be necessary, is hereby appropriated from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, for following grants, subsidies and contributions. The sum appropriated by this section shall be apportioned as follows:
1. Office of the President. a. Asian Pacific Institute for Broadcasting Development (AIBD) ...... 4,500 b. Asia-Pacific Broadcasting Union ...... 800 c. Pacific Island News Association ...... 350 d. Asia Pacific Investment ...... 250 e. Former President’s Allowance ...... 50,000 f. Volunteer Corps: Startup Costs ...... 100,000 g. Joint Committee on Compact Review and Planning (JCRP) ...... 330,000
2. Department of Foreign Affairs. a. The Forum Secretariat ...... 46,000 b. Secratariat for Pacific Community ...... 56,000 c. ESCAP ...... 5,000 d. UN Membership Fee ...... 50,000 e. East-West Center ...... 5,000 f. ACP Cotonou Membership Fees ...... 15,000 g. SPC Office Rental ...... 29,670 h. Diplomatic Relations between FSM and China (PRC) ...... -0- i. Pacific Island Forum ...... -0- j. SIS Program ...... 10,000 k. PIF Arrears ...... 98,864 l. IOM Memebrship Fees (2012-2017) ...... 500 m. Set-up and operations of Consulate on West Coast of the United States ...... 333,000
3. Department of Finance and Administration: a. CTA-OCO Membership fee ...... 14,024 b. Maintenance Fee for Financial Management Information System (FMIS) ...... 55,000 c. PITTA-CTA ...... 9,000 d. ADB, IMF and Budget, Finance Policy Consultations ...... 25,000 e. Macro Economist Advisor ...... 200,000 f. Global Forum Membership Fee ...... 26,000 g. PFTAC Membership Fee ...... 20,000 h. CTA Conference ...... 35,000
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4. Derpartment of Resources and Development: a. PIDP ...... 15,000 b. FAA ...... 38,918 c. Coordinating Committee for Offshore Mineral Prospecting ...... -0- d. Pacific Asian Travel Association (PATA) ...... 5,000 e. United Nations Development Program (UNDP) ...... 30,000 f. Micronesian Challenges Endowment Fund ...... 50,000 g. Seaframe...... -0- h. Food Agriculture Organization (FOA)...... 4,800 i. Western Forestry Leadership Coalition ...... 530 j. Matching to SPC Projects ...... 60,000 k. Micronesian Challenge ...... 10,000 l. Micronesian Cruise Association ...... 2,500 m. South Pacific Tourism Organization ...... 15,000 n. International Animal Health Organization (OIE) ...... 23,000 o. SPC Site Rental ...... -0- p. IRENA ...... 250 q. Micronesia Trade Commission ...... 30,000 r. Convention on Biological Diversity (CBD) ...... 1,000 s. IFAD ...... 500 t. Seabed Mining Initiative: Organization and Framework ...... 200,000
5. Department of Health and Social Affairs. a. UNFPA ...... 3,000 b. WHO ...... 4,000 c. FSM Sport Association ...... 20,000 d. PIHAO ...... 20,000 e. Territorial Health ...... 4,000 f. Nurse Licensing ...... 4,000 g. Red Cross ...... 70,000 h. Vaccine Purchase ...... 50,000 i. UN Women ...... 1,000 j. Standards Comm...... -0-
6. Department of Education. a. Aid to Non-Public Schools ...... 600,000 b. Aid to CMI Students ...... 40,000 c. Aid to PCC Students ...... 150,000 d. National Scholarship ...... 2,000,000 e. National Close-up ...... 75,000 f. Merit Scholarship ...... 275,000 g. Contribution to Support Coordination of Micro Games ...... 75,000 h. Aid for COM-FSM to administer FSM student assistance at Sofia University and Temple University-Japan...... 100,000 i. COM-FSM Endowment Fund Contribution...... 100,000 j. Aid for FSM Students in China ...... 35,000 k. Aid for FSM Students in Fiji ...... 35,000
7. Department of Transportation, Communication and Infrastructure. a. Asia Pacific Telecommunity ...... 11,000
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b. International Telecommunication Union ...... 20,867 c. ICOA ...... 28,050 d. FSM Capital Energy ...... 600,000 e. Micronesian Shipping Commission (MSC)...... 25,000 f. Fuel and Provisions for Caroline Voyager and Navigator ...... 1,345,830 g. Caroline Island Air (CIA) subsidy, fuel, maintenance and insurance ...... 200,000
8. Department of Justice a. States Joint Law Enforcment: Kosrae ...... 30,000 b. States Joint Law Enforcement: Pohnpei...... 50,000 c. States Joint Law Enforcement: Chuuk ...... 100,000 d. States Joint Law Enforcement: Yap ...... 30,000 e. Police Academy ...... 200,000 f. Settlement on Judgement ...... -0- g. Fuel subsidy...... 100,000 h. Organization for Prohibition of Chemical weapons ...... -0- i. world Intellectual Property Organization ...... 33,966 j. CTBT ...... -0- k. Contract for Mr. Jim Stovall for legal support for JCRP ...... 160,000 l. Litigation needs ...... 250,000
9. Congress of the Federated States of Micronesia a. IPU Conferences ...... 100,000 b. Climate Change Conference ...... 50,000 c. ACP ...... 30,000 d. APPU ...... -0- e. APPF ...... 50,000 f. Staff Upgrade ...... 25,000 g. World Bank-IMF Annual Meeting ...... 50,000 h. FSM-Israel Parliamentary Relations ...... -0- i. FSM-Cuba Parliamentary Relations ...... -0- j. FSM-Japan Parliamentary Relations ...... -0- k. FSM-France Parliamentary Relations ...... -0- l. MRA Conference in Japan ...... 30,000 m. Fisheries Meetings ...... 30,000 n. IPU Annuel Dues ...... 12,500 o. COFA Alliance National Network (CANN) ...... 25,000 p. Travel to Investment Adivsor (Whilshire) ...... 50,000 q. UN Ocean Conference ...... -0- r. Compact Historical Project ...... 150,000 s. Trip to Vietnam: Congressional Meetings/Travel ...... 50,000
10. Department of Environmental, Climage Change and Emergency Management a. UNEP ...... 835 b. UNFCCC ...... 325 c. UNCCD ...... 195 d. SPREP ...... 10,68 e. Wagani Convention...... 1,190 f. SPREP- Naumea Convention ...... 1,764 g. Earth Day Activities...... 15,000
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h. 6th Bi-Annual Envirnment Conference...... 20,000 i. FSM FEMA Disaster Matching...... 200,000 j. Basel Convention...... 501 k. Build Resilience to Disaster and Climate Risk in the Outer Islands ...... -0- l. Prior Year Obligations ...... 755 m. Kyoto Protocal ...... 409 n. WMO Membership (Current fee & prior obligation) ...... 250,000
11. Office of National Archives, Culture and Preservation a. UNESCO ...... 4,000 b. NCSHPO ...... 2,760 c. PARBICA ...... 100 d. PIALA ...... 100 e. WHC ...... 54 f. Library Fee ...... 50 g. Prior UNESCO Fees ...... 84,000
12. Other Grants,Subsidies and Contributions a. COM Board Meeting...... 5,000 b. COM-FSM Treaty Obligation ...... 25,000 c. FSM Social Security Administration ...... 1,000,000 d. FSM National Government Employee’s Health Insurance Plan ...... 475,384 e. State Judiciaries: Kosrae ...... 40,000 f. State Judiciaries: Pohnpei ...... 60,000 g. State Judiciaries: Chuuk ...... 110,000 h. State Judiciaries: Yap ...... 40,000 i. Micronesian Legal Services Corporation ...... 250,000 j. NORMA-WCPFC Tuna Commission Fee ...... 108,505 k. Trade Fairs ...... -0- l. Independence Day Activities ...... 50,000 m. MPFC Loan Payment ...... 260,000 n. Single Audit Fee (FY 2018) ...... 460,000 o. Staff Housing ...... 510,000 p. Recruitment and Repatriation ...... 223,218 q. Office of the National Public Auditor: Prior year obligations ...... 3,452 r. FSM Postal Services: Prior Year Obligations for Utilities and Fuel ...... 4,683 s. MiCare: Medical claims for FY14 Audit...... 45,000 t. MiCare: Subsidy for off-island medical claims ...... 150,000 u. National Election Office: Oustanding arears to CPUC and others ...... 700 v. Subsidy for Micro Games to State Government of Kosrae ...... 100,000 w. Subsidy for Micro Games to State Government of Pohnpei ...... 100,000 x. Subsidy for Micro Games to State Government of Chuuk...... 100,000 y. Susbidy for Micro Games to State Government of Yap, for food and athletes exprenses ...... 100,000 z. MiCare: Debt Retirement ...... 500,000”
12. Page 4, line 18, delete “Section 3” and insert “Section 4” in lieu thereof. 13. Page 4, line 22, delete “$117,335,179” and insert “118,555,179” in lieu thereof. 14. Page 8, after line 22, insert the following: “(q) Chuuk Landing Station: Open access entity support ...... 1,000,000”
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15. Page 11, after line 18, insert the following: “(d) Guam Consul General: Residence Renovation/Housing ...... 220,00” 16. Page 13, line 14, delete “Section 3” and insert “Section 5” in lieu thereof.
Date: Sept. 19, 2018 Introduced by: /s/ Isaac V. Figir Isaac V. Figir
Purpose of amendments: To appropriate $2,490,000 in additional funds, including the following: • Congress Staff Office, additional personnel costs: $20,000 • Volunteer Corps startup costs (President’s Office: $100,000 • Seabed Mining Initiative Organization and Framework costs (Department of R&D: $200,00 • Caroline Air Subsidy (Department of TC&I): $200,00 • Litigation needs (Department of Justice): $250,000 • MiCare Debt Retirement: $500,000 • Chuuk Landing Station (Department of TC&I): $1,000,000 • Guam Consul General residence renovation and housing costs (Department of Foreign Affairs): $220,000 This amendment also makes technical corrections.
Vice Speaker Moses: Second.
Speaker Simina: It has been moved and seconded that the amendment be adopted. Because of its length, we will dispense with its reading and it will be put into the record. Short recess.
Speaker Simina declared the Congress recessed at 11:01 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:17 a.m.
Speaker Simina: Congress comes back to session. Chairman Figir.
Chairman Figir: Thank you, Mr. Speaker. I have an oral amendment to the written amendment. Page 2, top of the page, under the “President’s Office”, “(f)”, delete “100,000”, and insert “0” in lieu thereof. Page 6, item 14, delete “1,000,000” and insert “0” in lieu thereof. I so move.
Chairman Perman: Second.
Floor Leader Harper: Mr. Speaker.
Speaker Simina: Floor Leader.
Floor Leader Harper: Thank you, Mr. Speaker. Just to safeguard that we are not violating any of our rules, I hereby suspend any rules especially the one prohibiting amendments on second reading. Thank you.
Chairman Urusemal: Second.
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Speaker Simina: It has been moved and seconded that the relevant rules that might impede our action on the amendments be suspended. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. The relevant rules are suspended. All those in favor of the adoption of the amendment say ‘aye’ – opposed say ‘nay’. The motion is carried. Discussions? Short recess.
Speaker Simina declared the Congress recessed at 11:19 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:20 a.m.
Speaker Simina: Congress comes back to session. We are still on discussions.
Vice Speaker Moses: Mr. Speaker.
Speaker Simina: Vice Speaker Moses.
Vice Speaker Moses: So, we are treating all the changes going up as technical?
Speaker Simina: They will be. I am very disappointed with the way it is going. I thought we agreed on what to do with these things.
Chairman Figir: Mr. Speaker.
Speaker Simina: Thank you, Chairman Figir. I take the responsibility for all the misunderstanding. It is not that we disagreed with this request, but we want to allow the Standing Committees to do further studies on them and then we will reconsider if the merit that we fund these projects. I think they do. It is just that Members have raised concerns to make sure they understand and make sure that there is no law being violated, including the constitution as we always raised our hands to defend the Constitution. We need to uphold these. Thank you.
Speaker Simina: Thank you, Chairman Figir. I have no idea what constitutional violations we violated or we will be violating with the amendments. I know there was one and it has been always suggested by some that we cannot fund high schools or secondary schools. But we have been funding them left and right. Any other discussions?
Chairman Figir: Question.
Speaker Simina: Question has been called for. Let’s vote on the oral amendment. All those in favor of the oral amendment to the floor amendment say “aye” – opposed “nay”. The motion is carried. The oral amendment is adopted. Further discussions on the floor amendment? If none, debate is closed. Let’s vote. All those in favor of the offered floor amendment to C. B. No. 20-230 as amended say “aye” – opposed “nay”. The motion is carried. The amendment as further amended is adopted. We now have, CD1. Further discussions?
Chairman Figir: Mr. Speaker.
Speaker Simina: Chairman Figir.
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Chairman Figir: I have another oral amendment. It is a very short one, but it must be done. May I offer the oral amendment?
Speaker Simina: Proceed.
Chairman Figir: Thank you, Mr. Speaker. On page 8, line 16, delete “350,00”, and insert “480,000” in lieu thereof. I so move.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that we adopt the oral amendment. Discussions?
Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 11:23 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:40 a.m.
Speaker Simina: Congress comes back to session. We are still on discussion of C.B. No. 20-230, CD1. Chairman Panuelo.
Chairman Panuelo: Mr. Speaker, I wish to make an oral amendment. On page 6, line item 14, I wish to insert “(g) Chuuk landing station Open Access Entity 1,000,000”. I so move.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that we adopt the amendment. Short recess.
Speaker Simina declared the Congress recessed at 11:41 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:42 a.m.
Speaker Simina: Congress comes back to session. There is that offered floor amendment. Discussion on the amendment?
Floor Leader Harper: Mr. Speaker.
Speaker Simina: Floor Leader Harper.
Floor Leader Harper: Thank you, Mr. Speaker. It is not because this money is going into Chuuk, but I think it is out of fairness that we have to pass this amount. Thank you.
Speaker Simina: Thank you. The rules re still suspended. Debate is closed. Let’s vote. All those in favor of the offered oral amendment say “aye” – opposed “nay”. The motion is carried. The amendment is adopted. We now have CD2.
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Chairman Figir: Question.
Chairman Perman: Second.
Speaker Simina: Question has been called for. Let’s vote by roll call of delegations.
The Chief Clerk took the roll call by States.
State of Chuuk: Chairman Aritos Aye State of Pohnpei: Chairman Panuelo Aye State of Kosrae: Chairman Welly Nay State of Yap: Chairman Urusemal
Chairman Urusemal: This is dealing with supplement so I yield to the Chairman of money.
State of Yap: Chairman Figir Aye
Chief Clerk: Mr. Speaker, three States voted for, one against.
Speaker Simina: For that reason, C.B. No. 20-230, CD2 has been passed by Congress on Second and Final Reading. Next bill.
C.B. No. 20-231 (2nd Reading): To amend Public Law No. 20-92, by amending section 6 thereof, for the purpose of changing the allottee of funds previously appropriated therein, to fund public projects and social programs for the people of Yap State, and for other purposes.
Speaker Simina: Chairman Figir.
Chairman Figir: I move for the passage of the bill, C. B. No. 20-231, on Second and Final Reading.
Vice Speaker Moses: Second.
Speaker Simina: It has been moved and seconded that Congress pass C.B. No. 20-231 on Second and Final Reading. Discussions? Chairman Urusemal.
Chairman Urusemal: Thank you, Mr. Speaker. On page 1, line 16, insert –
Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 11:46 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:47 a.m.
Speaker Simina: Congress comes back to session. We are still on discussion of C.B. No. 20-231. Chairman Urusemal.
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Chairman Urusemal: Thank you, Mr. Speaker. As your Chairman of the Committee on Education, I have some English correction to the bill, C. B. No. 20-231. Page 1, line 16, after “of”, delete “the” before COM. I so move.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that the offered oral amendment be adopted. The relevant rules are still suspended. Discussions?
Vice Speaker Moses: Short recess.
Speaker Simina declared the Congress recessed at 11:48 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:48 a.m.
Speaker Simina: Congress comes back to session. We are still on discussion of the offered amendment by Chairman Urusemal. If none, debate is closed. Let’s vote. All those in favor of the offered oral amendment to C. B. No. 20-231 say “aye” – opposed “nay”. The motion is carried. The amendment is adopted. We now have C. B. No. 20-231, CD1. Further discussions? If none, debate is closed. Let’s vote by roll call of Delegations. Chief Clerk.
The Chief Clerk took the roll call by States.
State of Chuuk: Chairman Aritos Aye State of Pohnpei: Chairman Panuelo Aye State of Kosrae: Chairman Welly Aye State of Yap: Chairman Urusemal Aye
Chief Clerk: Mr. Speaker, all the four States voted for.
Speaker Simina: For that reason, C.B. No. 20-231, CD1 has been passed by Congress on Second and Final Reading. Next bill.
C.B. No. 20-234 (2nd Reading): To appropriate the sum of $7,000,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, for the purpose of funding public projects and social programs for the people of Yap, Kosrae, Pohnpei and Chuuk States, and for other purposes.
Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 11:50 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:52 a.m.
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Speaker Simina: Congress comes back to session. Chairman Figir.
Chairman Figir: I move that C.B. No. 20-234 be deferred to tomorrow.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that C.B. No. 20-234 be deferred to tomorrow’s Calendar. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. The bill, C. B. No. 20-234, is deferred to tomorrow. Next bill.
C.B. No. 20-238 (2nd Reading): To appropriate the sum of $200,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, for the purpose of funding relief efforts in Guam and Saipan due to damages caused by Typhoon Mangkhut, and for other purposes.
Speaker Simina: Chairman Figir.
Chairman Figir: I move for the passage of C.B. No. 20-238 on Second and Final Reading.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that Congress pass C. B. No. 20-238 on Second and Final Reading.
Chairman Gouland: Short recess, Mr. Speaker.
Speaker Simina declared the Congress recessed at 11:53 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:58 a.m.
Speaker Simina: Congress comes back to session. We are still on discussion of C.B. No. 20-238. Chairman Urusemal.
Chairman Urusemal: Thank you, Mr. Speaker. Page 1, line 5, delete “Saipan”, and insert “Commonwealth of Northern Marianas”. On the same page, page 1, line 9, delete “Saipan”, and insert in lieu thereof “Commonwealth of the Northern Marianas”. Also, in the title, delete “Saipan” and insert “Commonwealth of the Northern Marianas”. I so move, Mr. Speaker.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that the offered amendment to C. B. No. 20-238 be adopted. The relevant rules are still suspended. Discussions? If none, debate is closed. Let’s vote. All those in favor of the offered oral amendment say “aye” – opposed “nay”. The motion is carried. The amendment is adopted. We have C. B. No. 20-238, CD1.
Chairman Perman: Question.
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Sept. 19, 2018 CONGRESSIONAL JOURNAL – DAY THREE – 5RS – 20CFSM
Speaker Simina: Question has been called for. Let’s vote by roll call of Delegations. Chief Clerk.
The Chief Clerk took the roll call by States.
State of Chuuk: Chairman Aritos Aye State of Pohnpei: Chairman Panuelo Aye State of Kosrae: Chairman Welly Aye State of Yap: Chairman Urusemal Aye
Chief Clerk: Mr. Speaker, all the four States voted for.
Speaker Simina: For that reason, C.B. No. 20-238, CD1 has been passed by Congress on Second and Final Reading. Next bill.
C.B. No. 20-239 (2nd Reading): To further amend Public Law No. 19-54, as amended by Public Laws Nos. 19-62, 19-75, 19-79, 19-99, 19-119 and 20-04, by amending section 6 thereof, to change the lapse date of funds previously appropriated therein, and for other purposes.
Speaker Simina: Chairman Figir.
Chairman Figir: I move for the passage of the bill, C. B. No. 20-239, on Second and Final Reading.
Chairman Panuelo: Second.
Speaker Simina: It has been moved and seconded that Congress pass C.B. No. 20-239 on Second and Final Reading. Discussions? If none, debate is closed. Let’s vote by roll call of Delegations.
The Chief Clerk took the roll call by States.
State of Chuuk: Chairman Aritos Aye State of Pohnpei: Chairman Panuelo Aye State of Kosrae: Chairman Welly Aye State of Yap: Chairman Urusemal Aye
Chief Clerk: Mr. Speaker, all the four States voted for.
Speaker Simina: For that reason, C.B. No. 20-239 has been passed by Congress on Second and Final Reading. Next bill.
C.B. No. 20-240 (2nd Reading): To further amend Public Law No. 19-60, as amended by Public Laws Nos. 19-71, 19-80, 19-103, 19-148, 19-165 and 20-30, by amending section 6 thereof, to change the lapse date of certain funds previously appropriated therein to fund essential government functions, programs, projects and activities in each of the states, and for other purposes.
Speaker Simina: Chairman Figir.
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Sept. 19, 2018 CONGRESSIONAL JOURNAL – DAY THREE – 5RS – 20CFSM
Chairman Figir: I move for the passage of the bill, C. B. No. 20-240, on Second and Final Reading.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that Congress pass on Second and Final Reading C.B. No. 20-240. Discussions?
Chairman Figir: Short recess.
Speaker Simina declared the Congress recessed at 12:03 p.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 12:03 p.m.
Speaker Simina: Congress comes back to session. Discussions? Any further discussions of C. B. No. 20-240?
Chairman Welly: Question.
Speaker Simina: Question has been called for. Debate is closed. Let’s vote by roll call of Delegations.
The Chief Clerk took the roll call by States.
State of Chuuk: Chairman Aritos Aye State of Pohnpei: Chairman Panuelo Aye State of Kosrae: Chairman Welly Aye State of Yap: Chairman Figir Aye
Chief Clerk: Mr. Speaker, all the four States voted for.
Speaker Simina: For that reason, C.B. No. 20-240 has been passed by Congress on Second and Final Reading. Next bill.
C.B. No. 20-241 (2nd Reading): To further amend Public Law No. 17-59, as amended by Public Laws Nos. 17-63, 17-66, 17-70, 17-77, 17-86, 18-21, 18-29, 18-64, 18-83, 19-18 and 19-113, by amending section 6 thereof, for the purpose of changing the lapse date of certain funds previously appropriated therein, and for other purposes.
Speaker Simina: Chairman Figir.
Chairman Figir: I so move.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that Congress pass on Second and Final Reading C.B. No. 20-241. Discussions? If none, debate is closed. Let’s vote by roll call of delegations.
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Sept. 19, 2018 CONGRESSIONAL JOURNAL – DAY THREE – 5RS – 20CFSM
The Chief Clerk took the roll call by States.
State of Chuuk: Chairman Aritos Aye State of Pohnpei: Chairman Panuelo Aye State of Kosrae: Chairman Welly Aye State of Yap: Chairman Urusemal Aye
Chief Clerk: Mr. Speaker, all the four States voted for.
Speaker Simina: For that reason, C.B. No. 20-241 has been passed by Congress on Second and Final Reading. Next bill.
Chief Clerk: There are none.
Chairman Gouland: Mr. Speaker.
Speaker Simina: Chairman Gouland.
Chairman Gouland: Thank you, Mr. Speaker. I move to withdraw and place C.B. No. 20-235.
Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 12:06 p.m., subject to the call of the Chair.
RECESS
Floor Leader Harper left the Chamber at 12: 07 p.m. and Chairman Urusemal was designated to be the Acting Floor Leader.
The Congress reconvened at 12:08 p.m.
Speaker Simina: Congress comes back to session. We are still on the Bill Calendar. Chairman Gouland.
Chairman Gouland: Thank you, Mr. Speaker. I move to withdraw C.B. No. 20-235, 20-237, and 20-242. I so move.
Chairman Panuelo: Second.
Speaker Simina: It has been moved and seconded that the bills be withdrawn from Committees and placed on the Calendar for action. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. The bills are now placed on the Calendar for action.
Acting Floor Leader Urusemal: Mr. Speaker.
Speaker Simina: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: Thank you very much, Mr. Speaker. I so move that the relevant rules that may prohibit our action on these three bills be suspended.
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Sept. 19, 2018 CONGRESSIONAL JOURNAL – DAY THREE – 5RS – 20CFSM
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that the relevant rules that may impede our action be suspended. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. The relevant rules are suspended. First bill.
C.B. No. 20-235 (1st Reading): To further amend section 12 of Public Law 19-118, as amended by Public Laws Nos. 19-125, 19-135, 20-01, 20-14, 20-23, 20-40, 20-46 and 20-74, to change the allottee for a certain line item for Chuuk State, and for other purposes.
Speaker Simina: Chairman Figir.
Chairman Figir: I move.
Chairman Welly: Second.
Speaker Simina: It has been moved and seconded that Congress pass C.B. No. 20-235.
Chairman Urusemal: Short recess.
Speaker Simina declared the Congress recessed at 12:10 p.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 12:11 p.m.
Speaker Simina: Congress comes back to session. We are still on discussion of the bill, C. B. No. 20-235. Any further discussions? If none, debate is closed. Let’s vote by roll call of Members. Chief Clerk.
The Chief Clerk took the roll call by Members.
Senator Alik Excused Senator Aritos Aye Senator Figir Aye Senator Gouland Aye Floor Leader Harper Excused Senator Konman Aye Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Aye Senator Perman Aye Senator Romolow Aye Senator Urusemal Aye Senator Welly Aye Speaker Simina Aye
Chief Clerk: Mr. Speaker, twelve Members voted for.
Speaker Simina: For that reason, Congress has passed C.B. No. 20-235 on First Reading. Next bill.
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Sept. 19, 2018 CONGRESSIONAL JOURNAL – DAY THREE – 5RS – 20CFSM
C.B. No. 20-237 (1st Reading): To amend Public Law No. 20-93, as amended by Public Laws Nos. 20-93 and 20-120, by amending section 1 thereof, to change use of funds previously appropriated therein, to fund priority infrastructure projects and other public projects and social programs in the state of Kosrae, and for other purposes.
Speaker Simina: Chairman Figir.
Chairman Figir: I move for the passage of the bill, C. B. No. 20-237, on First Reading.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that Congress pass C.B. No. 20-237 on First Reading. Discussions? If none, debate is closed. Let’s vote by roll call of Members.
The Chief Clerk took the roll call by Members.
Senator Alik Excused Senator Aritos Aye Senator Figir Aye Senator Gouland Aye Floor Leader Harper Excused Senator Konman Aye Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Aye Senator Perman Aye Senator Romolow Aye Senator Urusemal Aye Senator Welly Aye Speaker Simina Aye
Chief Clerk: Mr. Speaker, twelve Members voted for.
Speaker Simina: For that reason, Congress has passed C.B. No. 20-237 on First Reading. Next bill.
C.B. No. 20-242 (1st Reading): To further amend Public Law No. 20-53, as amended by Public Law Nos. 20-57, 20-61, 20-69, 20-91 and 20-96, by amending sections 3 and 5 thereof, to change the use and allottee of funds previously appropriated therein, for the purpose of funding priority infrastructure projects and other projects and programs in the state of Pohnpei, and for other purposes.
Speaker Simina: Chairman Figir.
Chairman Figir: I move for the passage of the bill, C. B. No. 20-242, on First Reading.
Senator Gouland left the Chamber at 12:15 p.m.
Chairman Panuelo: Second.
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Sept. 19, 2018 CONGRESSIONAL JOURNAL – DAY THREE – 5RS – 20CFSM
Speaker Simina: It has been moved and seconded that Congress pass on First Reading C.B. No. 20-242. Discussions? If none, debate is closed. Let’s vote by roll call of Members.
The Chief Clerk took the roll call by Members.
Senator Alik Excused Senator Aritos Aye Senator Figir Aye Senator Gouland Absent Floor Leader Harper Excused Senator Konman Aye Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Aye Senator Perman Aye Senator Romolow Aye Senator Urusemal Aye Senator Welly Aye Speaker Simina Aye
Chief Clerk: Mr. Speaker, eleven Members voted for.
Speaker Simina: For that reason, Congress has passed C.B. No. 20-242 on First Reading. Next bill.
Chief Clerk: There are none.
Chairman Romolow: Mr. Speaker.
Speaker Simina: Chairman Romolow.
Chairman Romolow: I make a motion to stand in recess until 10:00 o’clock tomorrow.
Chairman Urusemal: Second.
Speaker Simina: It has been moved and seconded that Congress stand in recess until tomorrow at 10:00 a.m. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. Congress, now, stands in recess until tomorrow at 10:00 a.m., in the morning.
Speaker Simina declared that the Congress stand in recess at 12:17 p.m., Wednesday, September 19, 2018, until tomorrow, Thursday, September 20, 2018, at 10:00 a.m.
Respectfully submitted,
Liwiana Ramon Ioanis Chief Clerk
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CONGRESSIONAL JOURNAL TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIFTH REGULAR SESSION
DAY FOUR Thursday, September 20, 2018
The Fourth Day of the Fifth Regular Session of the Twentieth Congress of the Federated States of Micronesia was called to order at 10:30 a.m., Thursday, September 20, 2018.
Speaker Wesley W. Simina presided.
A moment of silent prayer was observed.
The Chief Clerk called the roll. Thirteen Members were present; Chairman Alik was excused.
Floor Leader Harper moved to dispense with the reading of the Journal; Chairman Panuelo seconded, and the motion carried by voice vote.
PRESIDENTIAL COMMUNICATIONS
-No. 20-319 - (Dated 09/17/18 and received 09/19/18) – Transmitting a resolution approving a grant from the United Nations Development Program (UNDP) in the amount of $290,386 to fund the Global Fund Project for HIV/TB in the FSM.
-No. 20-320 - (Dated 09/17/18 and received 09/19/18) – Transmitting a resolution approving a grant from the United States Health Resources and Services Administration, in the amount of $168,875 to fund the Newborn Hearing Screening and Intervention in the FSM.
Speaker Simina: Chief Clerk, assign those Communications. Next item.
FSM SUPREME COURT COMMUNICATIONS
None
MEMBER COMMUNICATIONS
None
DEPARTMENTAL COMMUNICATIONS
-No. 20-72 - (Dated 09/19/18 and received 09/18/18) – From Mr. Dwight Edwards, Personnel Administrator, submitting the proposed Public Service Regulation amendment as required by the Title 17 of the FSM Code for review and comments.
Speaker Simina: Chief Clerk, assign that Communication. That is an important one. Next item.
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Sept. 20, 2018 CONGRESSIONAL JOURNAL – DAY FOUR – 5RS – 20CFSM
AGENCY OR GOVERNMENTAL AUTHORITY COMMUNICATIONS
None
STATE COMMUNICATIONS
None
STATE SUPREME COURT COMMUNICATIONS
None
MUNICIPAL OR TOWN COMMUNICATIONS
None
FOREIGN GOVERNMENT COMMUNICATIONS
-No. 20-61 - (Dated 09/04/18 and received 09/19/18) – From the Hon. Sabino Anastacio, Speaker, House of Delegates, Tenth Olbiil Era Kelulau (OEK), informing about two of his staff shadowing and observing administrative and legislative work at Congress for a week.
-No. 20-62- (Dated 08/24/18 and received 09/19/18) – From the Permanent Mission of the Islamic Republic of Pakistan accredited to the United nations and other organizations in Geneva presenting complements and enclose letter from the Hon. Chairman Senate of Pakistan, Muhammad Sadiq Sanjrani, requesting to support the candidature of Senator Farooq H. Naek as Member of the IPU Standing Committee on United Nations Affair during the forthcoming election that are scheduled to be held during the 139 IPU Assembly in Geneva, 14-18 October 2018.
Speaker Simina: Assign those Communications, Chief Clerk. Order of the Day.
ORDER OF THE DAY
STANDING COMMITTEE REPORTS
The Chief Clerk called attention to the Awaiting List No. 20-38.
Twentieth Congress of the Federated States of Micronesia Fifth Regular Session, 20th FSM Congress September 17, 2018 to October 06, 2018
R E P O R T A W A I T I N G R E Q U I R E M E N T S
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Sept. 20, 2018 CONGRESSIONAL JOURNAL – DAY FOUR – 5RS – 20CFSM
NO. 20-38, 4TH DAY, THURSDAY, SEPT. 20, 2018, AT 10:00 A.M.
REPORT NO. SUBJECT DATE & TIME 20-77 RE: Veto override of C.A. No. 20-101: An act futher amend 9/20/18 title 55 of the Code of the Federated States of Micronesia 10:00 A.M. (Annotated), as amended, by adding a new section 1222 for the purpose of requiring twenty percent (20%) of all National Government fishing feeds collected in a fisucal year to be deposited into the FSM Trust Fund, and to add a new section 324 of title 54 of the Code of the Federated States of Micronesia (annotated), as amended for the purpose of requiring fifty percent (50%) of the tax on all premiums collected from captive insurance companies in fiscal year to be deposited in the FSM Trust Fund, and for other purposes.”- (Submitted by: W&M Committee) 20-78 RE: Presidential Comm. No. 20-11, the National 9/20/18 Government’s proposed budget for fiscal year 2019. 10:00 A.M. (Submitted by: J&GO Committee) 20-79 RE: C.R. No. 20-122, A Resolution to confirm the nomination 9/20/18 of Mr. Albert Falcam to serve as the 10:00 A.M. Federated States of Micronesia Social Security Board of Directors, representing the National Government.” – (Submitted by: H&SA Committee) 20-80 RE: Presidential Comm. No. 20-11, the National 9/20/18 Government’s proposed budget for fiscal year 2019. 10:00 A.M. (Submitted by: T&C Committee)
Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 10:34 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 10:35 a.m.
Speaker Simina: Congress comes back to session. We are on the Standing Committee Reports Calendar. There is an awaiting list. Chairman Figir
Chairman Figir: Thank you, Mr. Speaker. I move to place Standing Committee Report No. 20-77 on the Calendar for action.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that SCR No. 20-77 be placed on the Calendar for action. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. The report, SCR No. 20-77, is placed on the Calendar for action.
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Sept. 20, 2018 CONGRESSIONAL JOURNAL – DAY FOUR – 5RS – 20CFSM
Floor Leader Harper: Mr. Speaker
Speaker Simina: Floor Leader Harper.
Floor Leader Harper: Thank you, Mr. Speaker. Again, just to make sure we are not violating any of our rules, I hereby move to suspend any relevant rules that may impede our action on the report, SCR No. 20-77.
Chairman Figir: Second.
Speaker Simina: It has been moved and seconded that any relevant rules, specifically the rule requiring 24-hour awaiting period be suspended. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. The relevant rules are suspended. Chairman Figir.
Chairman Figir: Thank you, Mr. Speaker. I move that Congress adopt Standing Committee Report 20-77.
Chairman Panuelo: Second.
Speaker Simina: It has been moved and seconded that Congress adopt Standing Committee Report No. 20-77. Discussions?
Chairman Romolow: Question.
Chairman Figir: Second.
Speaker Simina: Question has been called for. If there is no objection, debate is closed. Let’s vote. All those in favor of the adoption of SCR No. 20-77 say “aye” – opposed “nay”. The motion is carried. The report, SCR No. 20-77 is adopted by Congress. Next report.
Chief Clerk: We still have reports on the Awaiting List.
Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 10:38 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 10:38 a.m.
Speaker Simina: Congress comes back to session. We are still on the Standing Committee Reports Calendar. There is an awaiting list. We have one report from J&GO that is to be done tomorrow according to our rules. If there is no further report, next item.
Chairman Aritos: Mr. Speaker.
Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 10:39 a.m., subject to the call of the Chair.
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Sept. 20, 2018 CONGRESSIONAL JOURNAL – DAY FOUR – 5RS – 20CFSM
RECESS
The Congress reconvened at 10:39 a.m.
Speaker Simina: Congress comes back to session.
Senator Aritos: Point of privilege, Mr. Speaker.
Speaker Simina: Senator Aritos.
Chairman Aritos: I requested a point of privilege to introduce some officials from Chuuk who are observing our session this morning. I start with Lieutenant Governor Marius Akaputo (applause), Etop Sos – Special Assistant to the Governor (applause), and my mayors, Mayor Enrino Paul, Oneisom Municipality (applause), and Mayor Efta Ichita, Patta Municipality (applause). Thank you, Mr. Speaker.
Speaker Simina: Thank you, Senator Aritos for the introduction. We, indeed, welcome all citizens no matter of the political reference. I just wanted to make sure that is clear. They are all welcomed to observe our session.
Chairman Urusemal: Short recess, Mr. Speaker.
Speaker Simina declared the Congress recessed at 10:41 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 10:42 a.m.
Speaker Simina: Congress comes back to session.
Chairman Panuelo: Mr. Speaker.
Speaker Simina: Chairman Panuelo.
Chairman Panuelo: Point of privilege.
Speaker Simina: Proceed.
Chairman Panuelo: I wasn’t going to ask for a point of privilege, but as we were coming back, I noticed my brother with the same haircut who just walked in. our National Election Commissioner, our former Congressman, let’s give our good friend, Tony Otto, a round of recognition, please (applause). Tony, welcome. Also, we have our Chief Minister of U, not Dahker Daniel, as I made the mistake, but Dahker Abraham. Let’s welcome Dahker Abraham, our Chief Minister of U (applause). Thank you, Mr. Speaker.
Speaker Simina: Thank you, Chairman Panuelo for introducing those two gentlemen. They are always welcome. They are always welcome to observing our session, especial to the Election Director, when he is not working, he should be observing our session. If there are no other points of privilege, next item.
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Sept. 20, 2018 CONGRESSIONAL JOURNAL – DAY FOUR – 5RS – 20CFSM
SPECIAL COMMITTEE REPORTS
None
ASSIGNMENT OF MEASURES AND COMMUNICATIONS
The Chief Clerk called attention to Referral Sheet No. 20-81.
TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIFTH REGULAR SESSION September 17, 2018 to October 06, 2018
COMMITTEE REFERRAL
REFERRAL SHEET NO. 20-81, DAY 04, THURSDAY, 09/20/18, AT 10:00 A.M.
C.B. NO. SUBJECT COMMITTEE 20-244 To amend sections 1 and 9 of Public Law No. W&M 20-42, as amended by Public Laws Nos. 20-54, 20-64, 20-67, 20-83 and 20-103, in order to appropriate $4,470,000 of additional funds from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, and for other purposes. PRESIDENTIAL SUBJECT COMMITTEE COMM. NO. 20-314 (Dated 09/17/18 and received 09/18/18) – Transmitting H&SA for review and action a proposed resolution approving and accepting a grant assistance by the U.S. Department of Health & Human Services, Centers for Disease Control and Prevention in the amount of $693,970 to fund and support the FSM Public Health and Healthcare Emergency Preparedness Project managed by the FSM Department of Health & Social Affairs. 20-315 (Dated 09/17/18 and received 09/18/18) – Transmitting H&SA a resolution approving a grant from the United States Health Resources and Services Administration, in the amount of $128,625 to fund the Maternal and Child Health Services in the FSM. 20-316 (Dated 09/17/18 and received 09/18/18) – Transmitting H&SA a resolution approving a grant from the United States Health Resources and Services Administration in the amount of $147,000 to fund the Maternal and Child Health Services in the FSM. 20-317 (Dated and received 09/18/18) – Transmitting the FY ALL 2018 supplemental budget in the total amount of RELEVANT $4,470,000. COMMITTEES 20-318 (Dated 09/17/18 and received 09/18/18) – Transmitting EDUC. a resolution expressing Congress’ support of FSM’s
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Sept. 20, 2018 CONGRESSIONAL JOURNAL – DAY FOUR – 5RS – 20CFSM
formal application to become a member of the Western Interstate Commission for Higher Education (WICHE). DEPARTMENTAL SUBJECT COMMITTEE COMM. NO. 20-70 (Dated 09/17/18 and received 09/18/18) – From the INFO. Hon. Lorin S. Robert, Secretary, FSM Department of Foreign Affairs, sharing a communication from the US Embassy advising of an upcoming visit to the FSM by the Hon. Thomas B. Modly, United States Under Secretary of the Navy, slated for September 26-27, 2018 and attaching the CV for Mr. Modly. 20-71 (Dated 09/17/18 and received 09/18/18) – From the INFO. Hon. Lorin S. Robert, Secretary, FSM Department of Foreign Affairs, forwarding a letter from H.E. President Tommy E. Remengsau, Jr. of Palau, inviting Speaker to Palau’s 24th Independence Day Celebrations, which is scheduled to be held on Oct. 01, 2018. MUNICIPAL OR SUBJECT COMMITTEE TOWN COMM. NO. 20-11 (Dated 09/15/18 and received 09/18/18) – From Mr. INFO. Jose San Nicolas, Mayor, Kolonia Town Government, extending greetings and respectfully requesting Speaker to grant administrative leave to all FSM Congress employees who are legal residents of Kolonia to be able to join the ceremonial activities scheduled for the 34th anniversary of the Kolonia Town Constitution Day.
Speaker Simina: Chairmen and members, take note of the Referral Sheet and review it for your planning purposes. Next item.
UNFINISHED BUSINESS
None
BILL CALENDAR
C.B. No. 20-234 (2nd Reading): To appropriate the sum of $7,000,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, for the purpose of funding public projects and social programs for the people of Yap, Kosrae, Pohnpei and Chuuk States, and for other purposes.
Speaker Simina: Chairman Figir.
Chairman Figir: Short recess.
Speaker Simina declared the Congress recessed at 10:45 a.m., subject to the call of the Chair.
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Sept. 20, 2018 CONGRESSIONAL JOURNAL – DAY FOUR – 5RS – 20CFSM
RECESS
The Congress reconvened at 10:45 a.m.
Speaker Simina: Congress comes back to session. Chairman Figir.
Chairman Figir: Thank you, Mr. Speaker. I move that Congress pass Congressional Bill No. 20-234 on Second and Final Reading.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that Congress pass C.B. No. 20-234 on Second and Final Reading. Discussions?
Chairman Urusemal: Mr. Speaker.
Speaker Simina: Chairman Urusemal.
Chairman Urusemal: Thank you very much, Mr. Speaker. I believe there is a proposed amendment to the bill, C. B. No. 20-234, that has been printed, circulated and distributed. The amendment is rather lengthy so I request that the reading of the amendment be suspended. With your approval of the suspension of the reading of the amendment, I move for the adoption of the floor amendment.
Floor Amendment of C. B. No. 20-234 Offered by Senator Joseph J. Urusemal
C.B. No. 20-234 is hereby amended to reas as follows:
1. Page 1, between lines 11 and 12, insert the following: a) Dukan Community Beach Park Phase II...... 30,000 b) Fais Airport and Terminal Project...... 800,000 c) Gachpar Village Water Extension project...... 55,000 d) Magachgil Village Seawall project...... 55,000 e) Nel Village Piggery project...... 13,000 f) Wanyan Village Road improvement project...... 22,000 g) Wolea community Flatbed Truck...... 15,000 h) Daboch Village Secondary Road/Filling-materials.. 10,000” 2. Page 1, between lines 15 and 16, insert the following: “ a). Road Improvement ...... 500,000 b). Kosrae High School Lunch Program...... 50,000 c). Fishing projects ...... 25,000 d). Students’ travel needs ...... 10,000 e). Medical referrals ...... 20,000 f). Sialat, Salik farm road improvement...... 30,000 g). Travel needs for Kosraeans………………………………… 40,000 h). purchase of two excavators for Utwe and Lelu farmers, and associated shipping costs ...... 75,000 i). King farm road improvement (Pilyuui, Malem)...... 10,000 j). G-14 travel and associated costs...... 35,000 k). Fund raising for Seattle Kosrae baseball team...... 10,000
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Sept. 20, 2018 CONGRESSIONAL JOURNAL – DAY FOUR – 5RS – 20CFSM
l). 4MS Musical instruments ...... 5,000 m). Youth Katta, Tafunsak musical instruments...... 5,000 n). Sraonsak project subsidy ...... 5,000 o). Kosrae State Governemtn subsidy………………………… 100,000 p). Students’ bus stop projects ...... 30,000 q). Scholarships for Kosraean students ...... 50,000 3. Page 2, between lines 2 and 3, insert the following: “a). Enipein Power road maintenance/paving...... 40,000 b). Nett-Sokehs Sidewalk Development...... 50,000 c). Lukop Community center renovation...... 10,000 d). Lukop St. Pelep Community parking maintenance...... 5,000 e). Madeolenimw Municipal- Mini Dump Truck...... 15,000 f). NanMand, Kitti basketball/volleyball court...... 40,000 g). Nanpahlap basketball/volleyball court...... 40,000 h). Nanpohnmal road paving/maintenance...... 20,000 i). New secondary road-Lewetik Family...... 20,000 j). Nukuoro Community building...... 25,000 k). Palipowe road paving/maintenance to Ludwig Family.... 20,000 l). Nanpohnsapw Paliais, Nett road paving/maintenance...... 45,000 m). Peidie Mongrove sanctuary...... 35,000 n). Pwudoi Mangrove sanctuary...... 15,000 o). Toamware road maintenance...... 15,000 p). Vehicle for Detective Division, Pohnpei Department of Justice20,000 q). Overseas and local medical assistance...... 15,000 r). Nursing training/conference...... 20,000 s). Dolonier sidewalk projects...... 50,000” 4. Page 2, between lines 3 and 4, insert the following: a). Sokehs ridge cleaning/road maintenance...... 18,000 b). Pohnrakied sidewalk supplement...... 45,000 c). Communications for 2G, 3G, and 4G...... 30,000 d). Causeway development...... 50,000 e). Kaselehlie.PCR Retaining wall supplemental...... 7,500 f). Pohnpei Public Library subsidy...... 15,000 g). Nukuoro island basketball court/materials/supplies...... 20,000 h). Election District No. 1 Outer island internet equipment/rental 40,000 i). Purchase of sunthetic thatches...... 40,000 j). Election District No. 1 Schools current and prior obligations 20,000 k). beautification project...... 20,000 l). Nanmohs new road...... 30,000 m). Deketik causeway boulders...... 20,000 n). Deketic causeway exercise equipment/installation...... 10,000 o). Culver materials/improvement...... 10,000 p). Pohnpei Utility Cooporation (PUC) water plant subsidy...... 10,000 q). Led lights/solar...... 30,000 r). Sokehs Municipal government retaining wall...... 54,500 s). Sekere new road...... 30,000” 5. Page 2, between lines 4 and 5, insert the following: “ a. Enipein road improvement...... 20,000 b. Medical referral program...... 30,000 c. students’ financial assistance...... 40,000
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Sept. 20, 2018 CONGRESSIONAL JOURNAL – DAY FOUR – 5RS – 20CFSM d. youths’ events, activities, and programs...... 20,000 e. Kepine to Sapwalapw road...... 50,000 f. Nankepina road improvement...... 50,000 g. Nanphalap road improvement...... 50,000 h. Community outreach and advocacy program/travel needs... 35,000 i. Flour making machine...... 20,000 j. Election District No. 2, school computers...... 20,000 k. Purchase of coral materials/equipment rental...... 50,000 l. UCCP Summit Implementation...... 15,000 m. Water tanks...... 30,000 n. Election District No. 2 current and prior obligations...... 20,000 o. Solar lights...... 50,000”
6. Page 2, between lines 5 and 6, insert the following: “a. Causeway Development project...... 50,000 b. Dolonier sidewalk project...... 50,000 c. Nett ECE laptops...... 5,000 d. Nett ECE activities, supplies & equipment...... 5,000 e. Nett Municipal Government subsidy/ public projects...... 60,000 f. U Municipal Government subsidy/public projects...... 60,000 g. Nett School supplies/equipment...... 15,000 h. Awak and Saladak School supplies and equipment...... 15,000 i. Awak ECE activities, supplies and equipment...... 5,000 j. Saladak ECE activities, supplies and equipment...... 5,000 k. Pingelap Municipal subsidy...... 20,000 l. Mwokilloa Municipal subsidy...... 20,000 m. Water thanks and pipes...... 100,000 n. Coral materials purchase...... 50,000 o. Medical referral...... 25,000 p. Community outreach and travel to traning and conference.... 15,000”
7. Page 2, between lines 10 and 11, insert the following: “a. Allottee’s administrative support cost...... 30,000 b. Housing renovation/improvement...... 110,000 c. Fishing project...... 110,000 d. Land Transportation...... 45,000 e. Contributions to State, Municipal and Community event, activities and programs...... 50,000 f. Women’s home economic projects...... 15,000 g. Youth’s musical equipment and other needs...... 20,000 h. Municipal Offices construction...... 30,000 i. Contributions to municipal/traditionnel leaders……………. 10,000 j. Moch Municipal lighting system...... 30,000 k. Leaders/patients/student travel and community outreach and advocacy program...... 42,000 l. Non-governmental organizations, foundations and associations.. 20,000”
8. Page 2, between lines 11 and 12, insert the following: “a. Housing renovation, improvement and completion...... 130,000 b. Multipurpose community facilities...... 30,000
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Sept. 20, 2018 CONGRESSIONAL JOURNAL – DAY FOUR – 5RS – 20CFSM c. Mortlock Island Development Authority (MIDA) vessels operations. 25,000 d. Municpal, Community and Traditional events, activities and programs. 25,000 e. Freight and labor costs of MIDA’s projects...... 20,000 f. Internet equipment...... 70,000 g. MIDA’s office extension supplemental...... 20,000 h. TA Airport terminal supplemental...... 30,000 i. Leaders and community members travel needs ...... 20,000 j. Fishing projects...... 30,000 k. Sport facilities and solar lighting...... 5,000 l. Contributions to Municipal governments...... 55,000 m. Contributions to Representatives/Senate Chuuk State Legislature..... 40,000”
9. Page 2, between lines 12 and 13, insert the following: “a. Housing and community building renovation/rehabilitation...... 105,000 b. Contributions to Representative/Senate Chuuk State Legislature...... 35,000 c. Office of the Governor’s subsidy...... 20,000 d. Municipal Government’s subsidy...... 40,000 e. Allottee’s administrative support cost...... 20,000 f. Repatriation of human remains...... 20,000 g. Students’ financial assistance...... 20,000 h. land transportation...... 15,000 i. youth events, activities and programs...... 20,000 j. Road maintenance/heavy equipment purchase...... 80,000 k. food security...... 50,000 l. Piis Paneu Municipal Inauguration...... 5,000 m. Fishing projects...... 30,000 n. Travel needs/community outreach and advocacy programs...... 40,000”
10. Page 2, between lines 13 and 14, insert the following: “a. Housing renovation/multipurpose building...... 120,000 b. Students’ financial assistance...... 20,000 c. Southern Namoneas Off-Island Associations’ contribution...... 20,000 d. Business start-up/Entrepreneruship...... 15,000 e. Water project...... 15,000 f. Sewing project...... 20,000 g. Southern Namoneas Goodwill Games...... 25,000 h. Land Transportation...... 30,000 i. Southern Namoneas Development Authority (SNDA) Administrative support cost (current and prior obligations)...... 20,000 j. Fishing projects...... 100,000 k. POL/Charter/Feight...... 10,000 l. Outreach/Medical Referrals...... 20,000 m. Humanitarian assistance...... 20,000 n. Current and prior obligations...... 20,000 o. Tonoas Municipal Office Inauguration…………………………… 5,000 p. St. Cecilia subsidy…………………………………………………. 5,000 q. Berea Christian School subsidy...... 5,000”
11. Page 2, between lines 14 and 15, insert the following: “a. Fishing projects...... 50,000
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Sept. 20, 2018 CONGRESSIONAL JOURNAL – DAY FOUR – 5RS – 20CFSM b. Community outreach and advocacy program...... 50,000 c. Students’ financial assistance...... 20,000 d. FDA administrative support...... 30,000 e. Current and Prior obligations...... 50,000 f. Land transportation...... 40,000 g. Low income housing repair/renovation...... 40,000 h. youth activities, events, programs...... 30,000 i. Food security...... 50,000 j. Medical referral and repatriation of human remain...... 25,000 k. Contributions to Municipal Government...... 100,000 l. Coconut Tree replantation project...... 15,000”
12. Page 2, between lines 15 and 16, insert the following: “a. Northwest vessel purchase...... 80,000 b. Municipal and Community events/activities/programs... 50,000 c. Solar Street Lights...... 40,000 d. Solar Freezers...... 40,000 e. Students’ financial assistance...... 40,000 f. Patients/Leaders/students/citizens- Travel/COAP...... 30,000 g. Margie Winter’s participation at the World Olympic..... 10,000 h. Ruo Municipal Social Security outstanding...... 10,000 i. Land transportation...... 10,000 j. Contributions to Representatives/Senate Chuuk State Legislature... 25,000 k. Food Security/Relief program...... 20,000 l. POL/Charter/Freight...... 30,000 m. Multipurpose/community hall renovation/rehabilitation...... 20,000 n. Allottee’s administrative support cost...... 10,00 o. Northwest leadership summit...... 15,000 p. ED#5 Health Aid support...... 10,000 q. ED#5 Administrative support/grant proposal cost...... 25,000 r. Low Income housing renovation & rehabilitation...... 30,000 s. Northwest citizen development training (Current/prior obligations... 5,000”
13. Page 3, line 2, after “designee”, insert “PROVIDE that the allottee of funds appropriated under subsections 3(a), to 3(q) of this act shall be the Mayor of Lelu Town Government or his designee; the allottee of funds appropriated under subsection 5(2)(j) of this act shall be the President of the COM-FSM or his designee; the allottee of the funds appropriated under subsection 4(2)(p) of this act shall be the Pohnpei Utility Corporation; the allottee of the funds appropriated under subsections 4(2)(a), (b), (c), (f), (g), (h), (i), (j), (k), (m), (n), (o), (p), (q), (r), (s), (t) of this act shall be the Secretary of the Department of Transportation, Communications and Infrastructure or his designee.”
Date: 09/20/2018 Introduced by: /s/ Joseph J. Urusemal Joseph J. Urusemal
Purpose of these amendments: To specify the use and allottees of funds under this act for each of the states.
Chairman Figir: Second.
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Speaker Simina: It has been moved and seconded that the offered floor amendment to C.B. No. 20-234 offered by Chairman Urusemal be adopted. Because of its length, we will dispense with its reading. It will be inserted in the record. Any rules to suspend, Floor Leader?
Floor Leader Harper: Thank you, Mr. Speaker. I move to suspend any relevant rules that may impede our action on the said amendment.
Chairman Urusemal: Second.
Speaker Simina: It has been moved and seconded that the relevant rules, specifically the rules prohibiting substantive amendment no second and final reading be suspended. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. The rules are suspended. Discussion? Short recess. Speaker Simina declared the Congress recessed at 10:47 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 10:53 a.m.
Speaker Simina: Congress comes back to session. We are still on discussion of the floor amendment to C. B. No. 20-234. Chairman Panuelo.
Chairman Panuelo: Thank you, Mr. Speaker. On the floor amendment before Congress now, I wish to offer an oral amendment to my public projects. Page 1, item 3 (b), “Nett-Sokehs sidewalk development”, just add “matching” to it. on page 2, same listing of projects, sub item (s), “Dolonier sidewalk project”, also add “matching” after sidewalk. I so move, Mr. Speaker.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that the offered oral amendment to the floor amendment to C.B. No. 20-234 as offered by Chairman Panuelo be adopted. The relevant rules are still suspended. Discussions?
Chairman Panuelo: Mr. Speaker, I made those amendments, because Vice Speaker Moses and Chairman Perman are matching with similar amounts for these items. Thank you, Mr. Speaker.
Speaker Simina: Thank you, Chairman Panuelo. That is spirit of cooperation and working together. Any further discussions?
Floor Leader Harper: Mr. Speaker.
Speaker Simina: Floor Leader Harper.
Floor Leader Harper: Thank you, Mr. Speaker. Just a minor question. May I know where this Nett- Sokehs sidewalk going to be constructed?
Chairman Panuelo: Mr. Speaker, I thank the Floor Leader. We are getting close to the area where he resides so I think he is going to be happy. But to be specific, Mr. Speaker, you know Pohnpei Delegation was doing sidewalk from SDA to Dekehtik. I think it is starting to show. The one for Dolonier will pick up from SDA School and come down to reach Simon’s market or Blue Nile. The one for Sokehs
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Sept. 20, 2018 CONGRESSIONAL JOURNAL – DAY FOUR – 5RS – 20CFSM will pick up where it terminates from Simon’s Market and go all the way down to reach Sokehs Bridge, after the Saint Peter Church. I think, with many tourists and students who are walking in these areas, I hope that the future projects will be able to further down from Simon’s Market to Kolonia or to the Bank, connecting to the road that goes up to PICS High School. Thank you, Mr. Speaker and Floor Leader.
Speaker Simina: Thank you, Chairman Panuelo.
Floor Leader Harper: Thank you.
Chairman Urusemal: Mr. Speaker.
Speaker Simina: Chairman Urusemal.
Chairman Urusemal: Just one small question. I know I have no business to question or ask any question by the share from the At-Large Senator from Pohnpei. But, do I take it that Nett-Sokehs sidewalk development will include improvement of the road going to Nett Point so I can go and swim?
Chairman Panuelo: Mr. Speaker, I will gladly answer Chairman Urusemal’s question.
Speaker Simina: Go ahead and help him out. I think he is desperate. He wants to know if the road will be fixed.
Chairman Panuelo: Thank you, Mr. Speaker. Let me see if I list it in here. It may have been an oversight. It is definitely in my list. I was heading to Nett Point the other night, or was it a night Chairman of Education?
Chairman Urusemal: It was nighttime for you, but it was very much of daytime for me.
Chairman Panuelo: Thank you for reminding. So, we stopped on the road greeting each other and of course the road is very pumpy going to Nett Point. So, the Chairman asked me when are we going to pave the road to Nett Point. I told him that I will work with our Vice Speaker.
Speaker Simina: Well, the Nett Point road is used by all residing in Pohnpei.
Chairman Panuelo: Yes. So, I will ask the other members of Pohnpei Delegation to match our road paving to Nett Point. But that is going to be in the next infrastructure projects by Pohnpei Delegation.
Speaker Simina: Thank you, Chairman Panuelo. Of course, we all use that place but some use it more often than others. Any further discussions? If none, debate is closed. Let’s vote. All those in favor of the offered oral amendment by Chairman Panuelo say “aye” – opposed “nay”. The motion is carried. The oral amendment by Chairman Panuelo is adopted. We are still on discussion of the floor amendment by Chairman Urusemal, as amended. Chairman Romolow.
Chairman Romolow: Thank you, Mr. Speaker. I wish to make an oral amendment to the floor amendment. One page 5, line item (j), after “to”, strike out Representative/Senate Chuuk State Legislature”, and insert “Northwest Legislative Delegation” in lieu thereof. I so move.
Chairman Panuelo: Second.
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Speaker Simina: It has been moved and seconded that the offered oral amendment by Chairman Romolow to the floor amendment to C. B. No. 20-234 be adopted. The relevant rules are still suspended. Short recess.
Speaker Simina declared the Congress recessed at 11:00 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:01 a.m.
Speaker Simina: Congress comes back to session. Any discussions on the offered oral amendment by Chairman Romolow? If none, debate is closed. Let’s vote. All those in favor of the offered oral amendment by Chairman Romolow say “aye” – opposed “nay”. The motion is carried. The oral amendment is adopted. We are, now, on the floor amendment as further amended. Vice Speaker Moses.
Vice Speaker Moses: Thank you, Mr. Speaker. Good morning to you, Members, and to those observing from our gallery. My amendment be on page 3 of the offered amendment, 6 (c) where it says, “Nett ECE laptops”, delete that in its entirety, and on item (g) where it says, “Nett school supplies and equipment”, increase that to $20,000. And all the letters should move up accordingly. Thank you, Mr. Speaker. I so move.
Senator Neth: Second.
Speaker Simina: It has been moved and seconded that the offered oral amendment to the floor amendment to C. B. No. 20-234 be adopted. Discussions? If none, debate is closed. Let’s vote. All those in favor of the adoption of the offered oral amendment by Vice Speaker Moses say “aye” – opposed “nay”. The motion is carried. The oral amendment by Vice Speaker Moses is adopted. Senator Neth.
Senator Neth: Thank you, Mr. Speaker. My oral amendment is on page 2, item 5 (c), the correction of the spelling “Nankepina” is Nankepira, not Nankepina. The letter r replaces n. line (m), delete “Water tanks” and replace it Pahnsapw water system replacement. I so move.
Vice Speaker Moses: Second.
Speaker Simina: It has been moved and seconded that the offered amendment by Senator Neth to the floor amendment by Chairman Urusemal be adopted. Short recess.
Speaker Simina declared the Congress recessed at 11:04 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:05 a.m.
Speaker Simina: Congress comes back to session. We are still on discussion of the offered oral amendment by Senator Neth. Any further discussions?
Chairman Perman: Question.
Speaker Simina: Question has been called for. If there is no objection, debate is closed. Let’s vote on the offered oral amendment by Senator Neth. All those in favor of the offered oral amendment say
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“aye” – opposed “nay”. The motion is carried. The amendment is adopted. We are now on the floor amendment as further amended.
Chairman Welly: Mr. Speaker.
Speaker Simina: Chairman Welly.
Chairman Welly: Thank you, Mr. Speaker. I also have an oral amendment that I wish to offer at this time. On page 1, section 2 (i), delete “King farm road improvement (Pilyuul, Malem)” in its entirety and insert “contributions to community events, activities and programs” and change the amount from $10,000 to $30,000; on sub item (q) decrease the amount to $30,000 instead of $50,000. I so move.
Chairman Panuelo: Second.
Speaker Simina: It has been moved and seconded that the offered oral amendment by Chairman Welly to the floor amendment to C. B. No. 20-234 be adopted. Discussions? Short recess.
Speaker Simina declared the Congress recessed at 11:07 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:07 a.m.
Speaker Simina: Congress comes back to session. We are still on discussion of the offered oral amendment.
Chairman Perman: Question.
Speaker Simina: Question has been called for. If there is no objection, debate is closed. Let’s vote. All those in favor of the adoption of the offered oral amendment say “aye” – opposed “nay”. The motion is carried. The oral amendment is adopted. Any further amendments? If none, discussion is closed. Any further discussions on the floor amendment as amended five times?
Chairman Urusemal: Short recess, Mr. Speaker.
Speaker Simina declared the Congress recessed at 11:08 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:12 a.m.
Speaker Simina: Congress comes back to session. We are still on discussion of the offered floor amendment to C. B. No. 20-234 offered by Chairman Urusemal as amended five times. Any further discussions? If none, debate is closed. Let’s vote. All those in favor of the adoption of the floor amendment by Chairman Urusemal say “aye” – opposed “nay”. The motion is carried. The floor amendment to C.B. No. 20-234 as further amended five times adopted by Congress. We now have C.B. No. 20-234, CD1. Chairman Urusemal, defer the bill, C. B. No. 20-234, CD1, to the end of the Bill Calendar.
Chairman Urusemal: I defer to the Chairman of Ways and Means.
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Chairman Figir: I so move, Mr. Speaker.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that the bill, C. B. No. 20-234, CD1, be deferred to the end of the Calendar. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried.
Floor Leader Harper: Point of privilege.
Speaker Simina: State your point, Floor Leader Harper.
Floor Leader Harper: Thank you, Mr. Speaker. First of all, I would like to extend my admiration to our Chief Clerk for being so sharp and quick in taking our floor amendments. In addition to that, I would like to introduce two individuals who are observing our session this morning. First, I would like to introduce the honorable Chief of Staff Leo Falcam Jr. (applause). Second, I would like to introduce my constituent who is also a chief of staff at Ta Municipality, Rainer Soris (applause). Thank you, Mr. Speaker.
Senator Aritos left 11:14 a.m.
Speaker Simina: Are there any other points of privilege? If none, Chairman Figir, you have the floor.
Chairman Figir: I move that Congress reconsider Congress Bill No. 20-230, CD2.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that Congress reconsider its action of C. B. No. 20-230, CD2. This will require at least three votes of the States. Chief Clerk, roll call.
Senator Robson U. Romolow was designated to cast Chuuk State’s votes.
The Chief Clerk took the roll call by States for reconsideration.
State of Chuuk: Chairman Romolow Aye State of Pohnpei: Chairman Panuelo Aye State of Kosrae: Chairman Welly Aye State of Yap: Chairman Urusemal Aye
Chief Clerk: Mr. Speaker, all the four States voted for.
Speaker Simina: For that reason, the reconsideration of our action on the bill, C.B. No. 20-230, CD2, is reconsidered. Our action has been reconsidered.
Chairman Figir: Mr. Speaker.
Speaker Simina: Chairman Figir.
Chairman Figir: I move that Congress pass Congressional Bill No. 20-230, CD2.
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Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that Congress pass C.B. No. 20-230, CD2 on Second and Final Reading. Read the title, Chief Clerk.
C.B. No. 20-230, CD2 (2nd Reading): To amend sections 1, 3, 8 and 9 of Public Law No. 20-42, as amended by Public Laws Nos. 20-54, 20-64, 20-67, 20-83, 20-94 and 20-103, in order to appropriate $72,810,000 of additional funds from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, to provide funding for the operations of the National Government of the Federated States of Micronesia, various grants, subsidies and contributions and Capital and Human Resources Development, including additional funding for the FSM Trust Fund, and for other purposes.
Speaker Simina: There you have it. Chairman Figir.
Chairman Figir: I believe, Mr. Speaker, that we are reconsidering Congressional Bill No. 20-230, CD2. For discussion purposes, I yield the floor to Chairman Panuelo.
Speaker Simina: Chairman Panuelo, you have the floor.
Chairman Panuelo: Thank you, Mr. Speaker. After consultations with our Ways and Means Committee chair and other committee chairs, I wish to offer an oral amendment to C.B. No. 20-230, CD2.
Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 11:18 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:32 a.m.
Speaker Simina: Congress comes back to session. We are still on discussion of C.B. No. 20-230, CD2. Chairman Panuelo, you still have the floor.
Chairman Panuelo: I wish to offer an amendment to C. B. No. 20-230, CD2. Page 7, lines 20-21, delete 200,000 and insert 0; page 13, line 14, MiCare debt retirement, the amounts $500,000 delete that and insert 0 in lieu thereof. Page 17, line 11, delete “2500,000 and insert 3,500,000; page 17, line 13, delete 350,000 and insert 480,000. Mr. Speaker, the purpose of the amendment is to allow the respective committee chairs to hold oversight on the respective amounts that were deleted, and to appropriate $1,000,000 for the dry-docking of vessels, H1 and Chief Mailo, and other FSM owned vessels and additional $130,000 for the cost associated with the Pingda salvage work as an obligation. I believe the staff will adjust other totals as necessary to reflect the additional changes offered. Thank you, Mr. Speaker. I so move.
Chairman Gouland: Second.
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Speaker Simina: It has been moved and seconded that the offered oral amendment to C. B. No. 20-230, CD2 as offered by Chairman Panuelo be adopted. Discussions?
Chairman Figir: Question.
Speaker Simina: Question has been called for. Debate is closed on the offered oral amendment. Let’s vote. All those in favor of the offered oral amendment by Chairman Panuelo say “aye” – opposed “nay”. The motion is carried. The oral amendment is adopted. We, now, have C. B. No. 20-230, CD2. Further discussion?
Chairman Figir: I move for the previous question.
Chairman Perman: Second.
Speaker Simina: Question has been called for. If no objections, debate is closed. Let’s vote by roll call of Delegations.
The Chief Clerk took the roll call by States.
State of Chuuk: Chairman Romolow Nay State of Pohnpei: Chairman Panuelo Aye State of Kosrae: Chairman Welly Aye State of Yap: Chairman Urusemal
Chairman Urusemal: I yield to Chairman Figir.
State of Yap: Chairman Figir Aye
Chief Clerk: Mr. Speaker, three States voted for, one against.
Speaker Simina: The bill, C.B. No. 20-230, CD3, has been passed by Congress on Second and Final reading. Next bill.
C.B. No. 20-235 (2nd Reading): To further amen section 12 of Public Law No. 19-118, as amended by Public Laws Nos. 19-125, 19-135, 20-01, 20-14, 20-23, 20-40, 20-46 and 20-74, to change the allottee for a certain line item for Chuuk State, and for other purposes.
Speaker Simina: Chairman Figir.
Chairman Figir: I move for the passage of the bill, C. B. No. 20-235 on Second and Final Reading.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that Congress pass on Second and Final Reading C.B. No. 20-235. Discussions?
Floor Leader Harper: Mr. Speaker.
Speaker Simina: Floor Leader Harper.
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Floor Leader Harper: Thank you, Mr. Speaker. I didn’t really have a chance to read the bill, C. B. No. 20-235, thoroughly. May I just ask why we are changing the allottee for Chuuk.
Speaker Simina: Chairman Gouland.
Chairman Gouland: Thank you, Mr. Speaker. The change of the allottee is requested by the states. This funding was appropriated in Congress Sixteenth or Seventeenth, but this money has not been moved. Thank you, Mr. Speaker.
Speaker Simina: Is that clear?
Floor Leader Harper: Yes, but we are trying to change the allottee. From what allottee to what allottee?
Speaker Simina: Can you help out, Chairman Gouland? From who to whom?
Chairman Gouland: From President to state.
Speaker Simina: Okay. Are there any further discussions? If none, debate is closed. Let’s vote by roll call of Delegations.
The Chief Clerk took the roll call by States.
State of Chuuk: Chairman Romolow Aye State of Pohnpei: Chairman Panuelo Aye State of Kosrae: Chairman Welly Aye State of Yap: Chairman Urusemal Aye
Chief Clerk: Mr. Speaker, all the States voted for.
Speaker Simina: For that reason, the bill, C.B. No. 20-235, has been passed by Congress on Second and Final reading. Next bill.
C.B. No. 20-237 (2nd Reading): To amend Public Law No. 20-93, as amended by Public Laws Nos. 20-93 and 20-120, by amending section 1 thereof, to change use of funds previously appropriated therein, to fund priority infrastructure projects and other public projects and social programs in the state of Kosrae, and for other purposes.
Speaker Simina: Chairman Figir.
Chairman Figir: I move for the passage of the bill, C. B. No. 20-237, on Second and Final Reading.
Chairman Urusemal: Second.
Speaker Simina: It has been moved and seconded that Congress pass on Second and Final Reading C.B. No. 20-237. Discussions? If none, debate is closed. Let’s vote by roll call of Delegations. Short recess.
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Speaker Simina declared the Congress recessed at 11:40 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:41 a.m.
Speaker Simina: Congress comes back to session. Chief Clerk.
Chief Clerk: Thank you, Mr. Speaker. In the title, first line, public law no. 20-23 should be 20-98.
Speaker Simina: Technical correction. Call the roll.
The Chief Clerk took the roll call by States.
State of Chuuk: Chairman Romolow Aye State of Pohnpei: Chairman Panuelo Aye State of Kosrae: Chairman Welly Aye State of Yap: Chairman Urusemal Aye
Chief Clerk: Mr. Speaker, all the four States voted for.
Speaker Simina: The bill, C.B. No. 20-237 has been passed by Congress on Second and Final reading. Next bill.
C.B. No. 20-242 (2nd Reading): To further amend Public Law No. 20-53, as amended by Public Laws Nos. 20-57, 20-61, 20-69, 20-91 and 20-96, by amending sections 3 and 5 thereof, to change the use and allottee of funds previously appropriated therein, for the purpose of funding priority infrastructure projects and other projects and programs in the state of Pohnpei, and for other purposes.
Speaker Simina: Chairman Figir.
Chairman Figir: I move for the passage of the bill, C.B. No. 20-242, on Second and Final Reading.
Chairman Panuelo: Second.
Speaker Simina: It has been moved and seconded that Congress pass on Second and Final Reading C.B. No. 20-242. Discussions? If none, debate is closed. Let’s vote by roll call of Delegations. Chief Clerk.
The Chief Clerk took the roll call by States.
State of Chuuk: Chairman Romolow Aye State of Pohnpei: Chairman Panuelo Aye State of Kosrae: Chairman Welly Aye State of Yap: Chairman Urusemal Aye
Chief Clerk: Mr. Speaker, all the four States voted for.
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Speaker Simina: The bill, C.B. No. 20-242 has been passed by Congress on Second and Final reading. Next bill.
Chairman Perman: Mr. Speaker.
Speaker Simina: Chairman Perman, we still have a bill to pass. Let’s do that first.
C.A. 20-101: To further amend title 55 of the Code of the Federated States of Micronesia (Annotated), as amended, by adding a new section 1222 for the purpose of requiring twenty percent (20%) of all National Government fishing fees collected in a fiscal year to be deposited into the FSM Trust Fund, and to add a new section 324 of title 54 of the Code of the Federated States of Micronesia (Annotated), as amended, for the purpose of requiring fifty percent (50%) of the tax on all premiums collected from captive insurance companies in a fiscal year to be deposited into the FSM Trust Fund, and for other purposes.
Speaker Simina: Chairman Figir. Short recess.
Speaker Simina declared the Congress recessed at 11:44 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:49 a.m.
Speaker Simina: Congress comes back to session. Short recess.
Speaker Simina declared the Congress recessed at 11:49 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:50 a.m.
Speaker Simina: Congress comes back to session. Chairman Figir.
Chairman Figir: Thank you, Mr. Speaker. I move that Congress re-pass Congressional Act No. 20-101.
Chairman Panuelo: Second.
Speaker Simina: It has been moved and seconded that Congress re-pass C.A. No. 20-101. Discussions?
Vice Speaker Moses: Mr. Speaker.
Speaker Simina: Vice Speaker Moses.
Vice Speaker Moses: Thank you, Mr. Speaker. During our recess, our good Chairman on T&C expressed concern if this override will affect the bill that we just passed, the supplemental bill, which included the $70 million in MRA. In this override, it requires that fifty percent of the MRA Revenue be deposited into the Trust Fund. Is this putting a limit that all we can put in to the Trust Fund is fifty percent?
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If that is, the current bill hasn’t become law, but if we pass this, it becomes law immediately. So, would that cause the supplemental, the portion on MRA to become 35,000,000? Or would it be a conflict? I just want it, on the record, that maybe it might, maybe it won’t. Or it will and it will not. That bill will not become law until the President signs, and if this bill becomes law, it states that the fifty percent of the MRA Revenue will be deposited into the Trust Fund. But the bill that is awaiting the President’s signature or not states that $70 million will go into the Trust Fund. Now, if we pass this, it becomes law states that fifty percent will go into the Trust Fund. Would that mean that we could only deposit 35,000,000? Or is it okay that we go ahead with the whole $70 million.
Speaker Simina: Valid, legitimate point, Vice Speaker Moses. Chairman Figir, do you want to respond to that?
Chairman Figir: Yes. Thank you, Mr. Speaker. The bill, if we override it, the act becomes law, the fifty percent will not affect, it will not go into effect until the future revenue relies from the corporate income tax. What we have right now is not going to affect that. It happens before the law becomes effective. On the question of whether the fifty percent will hold up or lock up us that we cannot, only requires fifty percent to go automatically into the Trust Fund, that fifty percent is guaranteed however it does not prevent Congress from appropriating more into the Trust Fund, if it is a wish.
Chairman Urusemal: Short recess, Mr. Speaker.
Speaker Simina: Before we go into recess, I want response to Vice Speaker’s concern on the record.
Speaker Simina declared the Congress recessed at 11:54 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 12:08 p.m.
Speaker Simina: Congress comes back to session. We are still on discussion of the Congressional Act that was vetoed.
Chairman Figir: Question.
Chairman Perman: Second.
Speaker Simina: Question has been called for. If there is no objection, debate is closed. Let’s vote by roll call of Delegations.
The Chief Clerk took the roll call by States.
State of Chuuk: Chairman Romolow Aye State of Pohnpei: Chairman Panuelo Aye State of Kosrae: Chairman Welly Aye State of Yap: Chairman Urusemal Aye
Chief Clerk: Mr. Speaker, all the four States voted for.
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Sept. 20, 2018 CONGRESSIONAL JOURNAL – DAY FOUR – 5RS – 20CFSM
Speaker Simina: The veto, C.A. No. 20-101, has been re-passed and overridden by Congress.
Speaker Simina declared the Congress recessed at 12:09 p.m., subject to the call of the Chair.
RECESS
Floor Leader Harper left the Chamber at 12:10 p.m.
The Congress reconvened at 12:11 p.m.
Speaker Simina: Congress comes back to session. We are still on the Bill Calendar. Next bill.
C.B. No. 20-234, CD1: To appropriate the sum of $7,000,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, for the purpose of funding public projects and social programs for the people of Yap, Kosrae, Pohnpei and Chuuk states, and for other purposes.
Speaker Simina: Chairman Figir.
Chairman Figir: Thank you, Mr. Speaker. I move for the passage of the bill, C.B. No. 20-234, CD1 on Second and Final Reading.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that Congress pass on Second and Final Reading C.B. No. 20-234, CD1. Discussions?
Chairman Perman: Question.
Speaker Simina: Question has been called for. If there is no objection, debate is closed. Let’s vote by roll call of Delegations. Chief Clerk.
The Chief Clerk took the roll call by States.
State of Chuuk: Chairman Romolow Aye State of Pohnpei: Chairman Panuelo Aye State of Kosrae: Chairman Welly Aye State of Yap: Chairman Urusemal Aye
Chief Clerk: Mr. Speaker, all the four States voted for.
Speaker Simina: The bill, C.B. No. 20-234, CD1, has been passed by Congress on Second and Final reading. Next bill.
Chief Clerk: There are none, Mr. Speaker.
Chairman Perman: Mr. Speaker.
Speaker Simina: Chairman Perman.
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Chairman Perman: Thank you, Mr. Speaker. I would like to make a motion to withdraw and place C.B. No. 20-183 on the Calendar for action.
Chairman Panuelo: Second.
Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 12:12 p.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 12:13 p.m.
Speaker Simina: Congress comes back to session. There is a motion to withdraw and place C.B. No. 20-183, which was seconded. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. The bill, C.B. No. 20-183, has been withdrawn and placed on the Calendar for action. Chief Clerk, read the title.
C.B. No. 20-183 (1st Reading): To amend title 25 of the Code of the Federated States of Micronesia (Annotated), as amended, by adding a new section 309, to provide for the banning of the importation of Styrofoam and plastic cups, plates and individual food containers, and plastic shopping bags, and for other purposes.
Speaker Simina: Chairman Perman.
Chairman Perman: I move that Congress pass C.B. No. 20-183 on First Reading.
Chairman Panuelo: Second.
Speaker Simina: It has been moved and seconded that Congress pass C.B. No. 20-183 on First Reading. Discussions?
Chairman Urusemal: Mr. Speaker.
Speaker Simina: Chairman Urusemal.
Chairman Urusemal: Thank you, Mr. Speaker. May I just ask what implications and impact this may have on our small and very weak economy?
Speaker Simina: Chairman Perman.
Chairman Perman: Thank you. Well, the impact of the Styrofoam, plastics and everything, we have seen it all over the world. It’s increasing pollution. By our economy, as he asked, if you noticed, one of the states has passed the law for the same intention: to ban this. But the main issue here is that they are having problem, because they are not at the national level to actually see these things are not coming into the states. So, they are asking us if we can do that at the national level, because they are not part of the customs.
Chairman Urusemal: Mr. Speaker.
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Sept. 20, 2018 CONGRESSIONAL JOURNAL – DAY FOUR – 5RS – 20CFSM
Speaker Simina: Chairman Urusemal.
Chairman Urusemal: I know the state of Yap may have been the first state that ban the use of plastics in the stores. It has been very successful. There is no ban of importation into Yap, but they have stopped people in stores and businesses from giving out plastics. If you go to the store, you come with your box or paper bags or things that are biodegradable. I don’t know. It can be done in Yap and I am sure it can be done anywhere else.
Chairman Panuelo: Mr. Speaker.
Speaker Simina: Chairman Panuelo.
Chairman Panuelo: Thank you, Mr. Speaker. I really applaud the intention of the bill, C.B. No. 20-183. I think some of the states are moving ahead of the FSM in this case. We control imports. We tax imports and FSM must be the one to head and lead in this manner. We do a lot of clean ups around our island. I think this is the first step. The law can always be amended to fine-tune it as we progress ahead. Also, I think the private sector will adapt to the kind of alternative packing and packaging that they will have to import for customers around businesses or private sectors. I support the bill, C.B. No. 20-183. Let’s move ahead and we can always fine-tune it as we head into the future. Thank you, Mr. Speaker.
Speaker Simina: Thank you, Chairman Panuelo. Any other discussions? Is there a transition cause where you give notice to businesses so they can adjust?
Chairman Perman: Thank you, Mr. Speaker. As of now, like I said, at the state level they are doing it, but I guess they needed our national support, too. I am hoping by doing this – they are already in the process of taking care of what’s in the bill, I think the transition already started. Like Chairman Urusemal said, in Yap, they have already started it. It is working there. Pohnpei is the one having issues right now.
Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 12:18 p.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 12:25 p.m.
Speaker Simina: Congress comes back to session. Chairman Perman, make your motion.
Chairman Perman: I make a motion to defer action on the bill, C.B. No. 20-183, to the next session.
Chairman Romolow: Second.
Speaker Simina: It has been moved and seconded that C.B. No. 20-183 be deferred to the next session of Congress. Chairman, please do what you need to do. Let’s vote. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. The bill, C.B. No. 20-183, has been deferred to the next session of Congress. Next bill.
Chief Clerk: There are none, Mr. Speaker.
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Speaker Simina: Next item.
RESOLUTION CALENDAR
None
Chairman Figir: Mr. Speaker, I move that Congress stand in recess until tomorrow morning at 10:00 a.m.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that Congress stand in recess until tomorrow at 10:00 a.m. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. Congress, now, stands in recess until tomorrow at 10:00 a.m., in the morning.
Speaker Simina declared that the Congress stand in recess at 12:26 p.m., Thursday, September 20, 2018, until tomorrow, Friday, September 21, 2018, at 10:00 a.m.
Respectfully submitted,
Liwiana Ramon Ioanis Chief Clerk
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CONGRESSIONAL JOURNAL TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIFTH REGULAR SESSION
DAY FIVE Friday, September 21, 2018
The Fifth Day of the Fifth Regular Session of the Twentieth Congress of the Federated States of Micronesia was called to order at 10:52 a.m., Friday, September 21, 2018.
Vice Speaker Esmond B. Moses presided.
A moment of silent prayer was observed.
The Chief Clerk called the roll. Eight Members were present; Senator Alik, Senator Aritos, Floor Leader Harper and Speaker Simina were excused; Senator Figir and Senator Neth were absent.
Senator Urusemal was designated to be the Acting Floor Leader.
Acting Floor Leader Urusemal moved to dispense with the reading of the Journal; Senator Konman seconded, and the motion carried by voice vote.
PRESIDENTIAL COMMUNICATIONS
None
Senator Figir and Senator Neth entered the Chamber and took seat at 10:54 a.m.
FSM SUPREME COURT COMMUNICATIONS
None
MEMBER COMMUNICATIONS
None
DEPARTMENTAL COMMUNICATIONS
None
AGENCY OR GOVERNMENTAL AUTHORITY COMMUNICATIONS
None
STATE COMMUNICATIONS
None
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Sept. 21, 2018 CONGRESSIONAL JOURNAL – DAY FIVE – 5RS – 20CFSM
STATE SUPREME COURT COMMUNICATIONS
None
MUNICIPAL OR TOWN COMMUNICATIONS
None
FOREIGN GOVERNMENT COMMUNICATIONS
None
ORDER OF THE DAY
STANDING COMMITTEE REPORTS
-SCR No. 20-78, RE: P.C. No. 20-211 on the FY 2019 Budget – J&GO – (Recommends approval of the amounts listed in the report subject to the availability of funds as determined by your Committee on W&M/Sept. 20, 2018).
Acting Speaker Moses: Chairman Romolow, you have the floor.
Chairman Romolow: I so move for the adoption of the report, SCR No. 20-78.
Senator Konman: Second.
Acting Speaker Moses: It has been moved and seconded that Congress adopt Standing Committee Report No. 20-78. Discussions? Chairman Romolow.
Chairman Romolow: Thank you, Mr. Acting Speaker. The report, SCR No. 20-78 is pretty much self-explanatory. During some of the budget hearings in May, I wasn’t able to attend the session and I thank my good Vice Chairman for taking up the budget hearing. In any course, I would also refer to ask if he could also help in discussion on the budget. But as we finalize the budget, there are some slight increases to some contracts and benefits, also on some increase in fix assets to the opening of the new offices and replacement of fix assets. The increases are not that tremendous, but are justifiable. The Committee feels that it is justified to the budget as requested. I would ask my good Vice Chairman if any question he feels that needs to be raised. Thank you.
Acting Speaker Moses: Thank you, Chairman Romolow. Vice Chairman, care to add?
Senator Neth: Thank you, Mr. Acting Speaker. Not at this time. Everything is okay. Thank you.
Acting Speaker Moses: Thank you, Vice Chairman. We are still on discussions. Any more discussions?
Chairman Figir: Question.
Senator Neth: Second.
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Sept. 21, 2018 CONGRESSIONAL JOURNAL – DAY FIVE – 5RS – 20CFSM
Acting Speaker Moses: It has been moved and seconded that we close debate on the said report, SCR No. 20-78. We shall vote. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. We have now adopted the report, SCR No. 20-78. Next report.
-SCR No. 20-79, RE: C.R. No. 20-122: “To confirm the nomination of Mr. Albert Falcam to serve on the Federated States of Micronesia Social Security Board of Directors, representing the National Government.” –H&SA- (RECOMMENDS ADOPTION/Sept. 20, 2018).
Chairman Perman: Thank you, Mr. Acting Speaker. Good morning to you, Members, and all who are observing our session this morning. Mr. Acting Speaker, I make a motion to adopt SCR No. 20-79.
Senator Konman: Second.
Acting Speaker Moses: It has been moved and seconded that Congress adopt Standing Committee Report No. 20-79. Chairman Perman, you still have the floor.
Chairman Perman: Thank you, Acting Mr. Speaker. This report, SCR No. 20-79, is based on a nominee, Mr. Albert Falcam to be representing on our national level on our Social Security Board. We had a hearing with this individual. We had his biodata. I believe that everybody read that already. He is known to the National Government, because his last job was the Pohnpei Postmaster for minimum of ten years. Mr. Falcam has served a lot of agencies, too. He is more than qualified to be one of the board members on Social Security. That is about it. If other members want to input, please do so. Thank you, Mr. Acting Speaker.
Acting Speaker Moses: Thank you, Chairman Perman. We are still on discussions. Anymore discussions on the said report, SCR No. 20-79?
Chairman Perman: Question.
Chairman Figir: Second.
Acting Speaker Moses: It has been moved and seconded that Congress adopt SCR No. 20-79. We shall vote. All those in favor of the said report, SCR No. 20-79, say “aye” – opposed “nay”. The motion is carried. Congress has now adopted Standing Committee Report No. 20-79. Next report.
-SCR No. 20-80, RE. P.C. No. 20-211 on the FY 2019 Budget – T&C- (RECOMMENDS APPROVAL OF THE AMOUNTS LISTED IN THE REPORT SUBJECT TO THE AVAILABILITY OF FUNDS AS DETERMINED BY YOUR COMMTTEE ON W&M/SEPT. 20, 2018).
Acting Speaker Moses: Chairman Gouland.
Chairman Gouland: Thank you, Mr. Acting Speaker. I move for the adoption of SCR No. 20-80.
Chairman Panuelo: Second.
Acting Speaker Moses: It has been moved and seconded that Congress adopt SCR. No. 20-80. Discussions? Chairman Gouland.
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Chairman Gouland: Thank you, Mr. Acting Speaker. The budget is merely mandated and recommended from your Committee that we stick to the FY18, the current fiscal year. It has a slight increase. The operation is about $10,000. Maybe this is all I can say.
Acting Speaker Moses: We are still on discussions of the said report, SCR No. 20-80. Any more discussions?
Chairman Figir: Question.
Acting Speaker Moses: Question has been called for. If no objections, we shall vote on the said report, SCR No. 20-80. All those in favor of the adoption of SCR No. 20-80 say “aye” – opposed “nay”. The motion is carried. Congress has now adopted SCR No. 20-80. Next report.
The Chief Clerk called attention to the Awaiting List, for more Standing Committee Reports requiring the 24-hour awaiting period.
TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIFTH REGULAR SESSION, 20TH FSM CONGRESS SEPTEMBER 17, 2018 TO OCTOBER 06, 2018
R E P O R T A W A I T I N G R E Q U I R E M E N T S
NO. 20-39, 5TH DAY, FRIDAY, SEPT. 21, 2018, AT 10:00 A.M.
REPORT SUBJECT DATE AND NO. TIME 20-81 RE: Presidential Comm. No. 20-11, the National 9/21/18 Government’s proposed budget for fiscal year 2019. 10:00a.m. (Submitted by: R&D Committee)
Acting Speaker Moses: Short recess.
Acting Speaker Moses declared the Congress recessed at 11:02 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:02 a.m.
Acting Speaker Moses: Congress comes back to session. Chairman Panuelo, you have the floor
Chairman Panuelo: Thank you, Mr. Acting Speaker. Good morning to you, Members, and to all of those who are observing from the gallery. Mr. Acting Speaker, I wish to make a motion to withdraw from the Awaiting List SCR No. 20-81 and place it in the Calendar for action. I so move.
Senator Konman: Second.
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Sept. 21, 2018 CONGRESSIONAL JOURNAL – DAY FIVE – 5RS – 20CFSM
Acting Speaker Moses: It has been moved and seconded that Congress withdraw and place Standing Committee Report No. 20-81. Acting Floor Leader, do we have any rules to suspend?
Acting Floor Leader Urusemal: I so move, Mr. Acting Speaker, that the relevant rules, especially the 24-hour awaiting period be suspended.
Senator Konman: Second.
Acting Speaker Moses: It has been moved and seconded that Congress suspend rules that may impede our action on the said report, SCR No. 20-81. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. The relevant rules are now suspended. We are now on the motion to withdraw and place SCR No. 20-81. Any objections? If none, we shall vote on the placement of the said report, SCR No. 20-81. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. We now have SCR No. 20-81.
-SCR No. 20-81: RE: Presidential Comm. No. 20-11, the National Government’s proposed budget for fiscal year 2019.-(Submitted by: R&D Committee)
Chairman Panuelo: Mr. Acting Speaker.
Acting Speaker Moses: Chairman Panuelo.
Chairman Panuelo: I so move for the adoption of SCR No. 20-81.
Senator Konman: Second.
Acting Speaker Moses: It has been moved and seconded that Congress adopt SCR. No. 20-81. Discussions?
Chairman Panuelo: Mr. Acting Speaker.
Acting Speaker Moses: Chairman Panuelo, you have the floor.
Chairman Panuelo: Thank you, Mr. Acting Speaker. I thank you for giving me the opportunity to say a few words on the report, SCR No. 20-81. First, I want to thank our members of the R&D Committee. We’ve had our executive reviewed the report, SCR. No. 20-81, in detail. The report, SCR No. 20-81, is pretty detailing. I will just do some highlights on it. Mr. Acting Speaker, on your Committee’s review of your R&D Department, when you see changes on staff positions, it is just re-shuffling. There is no increase of the staff in the Department of R&D. just a highlight that I want to share with Members is that the current year, we did not fund the tourism development projects. Fiscal year 2019, we have added that under the CIP grants and subsidies. On NORMA, the budget is pretty much the same. The employees who moved from contractual to public services are reflected here. On Banking Commission and Insurance Commission Offices, the Banking Commission remains the same; the Insurance Commission Office, there is an increase under contractual of $375,000. I think Members know that this is for the position of the insurance captive expert. The board is reviewing the contract. This individual should be on board very soon. That is what I want to highlight, Mr. Acting Speaker Other members can add more details to it. The report, SCR. No. 20-81, is detailed. I will leave it there. If there is any question, I will do my best to clarify further. Thank you, Mr. Acting Speaker.
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Sept. 21, 2018 CONGRESSIONAL JOURNAL – DAY FIVE – 5RS – 20CFSM
Acting Speaker Moses: Thank you, Chairman Panuelo. We are still on discussion.
Chairman Urusemal: Mr. Acting Speaker.
Acting Speaker Moses: Chairman Urusemal, you have the floor.
Chairman Urusemal: Thank you, Mr. Acting Speaker. I was trying to listen as carefully as I could to the summary of the report, SCR No. 20-81, by the good Chairman of the committee. However, in his summary, he indicated the increase was pertaining to tourism development. But when I look at the budget, I really should congratulate the committee for having this summary on page 3 on the opening pages of the report (SCR No. 20-81) highlighting the total department budget. I would request that the other staff that are doing request on the committees next time around if we are still here, do the same. But when I look at the summary report, unless my eyes are failing me, the total positions, employees of 2018 are thirty-seven (37). When I look at the proposed for FY19 recommend, I see fifty-six. That is about thirty-seven to fifty- six, -nineteen positions. My question is, the fifty-six is a mistake and should be down to thirty seven? If this is a correct figure, what are the new positions, the nineteen positions that have been added to the department? Thank you, Mr. Acting Speaker.
Acting Speaker Moses: Thank you, Acting Floor Leader. Chairman Panuelo.
Chairman Panuelo: Short recess.
Acting Speaker Moses declared the Congress recessed at 11:09 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:09 a.m.
Acting Speaker Moses: Congress comes back to session. Chairman Panuelo, you still have the floor.
Chairman Panuelo: Mr. Acting Speaker. I know we add these during the committee hearings. I know for NORMA, I remember that they were converted from contractual to public services. For the Committee on R&D, I did verify that this morning when we were reviewing the draft, the attorney and I, we recall that nineteen positions were transmitted in the R&D, under the statistics. That is where the number has increased. It is not new positions, per say, but because of the restructuring or the reshuffling. R&D inherited nineteen positions from Budget, which becomes the statistics divisions. This is the information that was provided. While I have the floor, one of the increases that I failed to mention in the report is the budget for the next numeration, comprehensive numeration of our population. Current fiscal year, the amount you can see the increase by $1.5 million because this is a very comprehensive undertaking that division on statistics has started. It has been over ten years so we are doing another enumeration of our population. I hope that satisfies the Chairman of Education on the issue of number of positions that is listed here. Thank you, Mr. Acting Speaker.
Acting Speaker Moses: Thank you, Chairman Panuelo.
Chairman Urusemal: Mr. Acting Speaker.
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Sept. 21, 2018 CONGRESSIONAL JOURNAL – DAY FIVE – 5RS – 20CFSM
Acting Speaker Moses: Acting Floor Leader.
Chairman Urusemal: Thank you, Mr. Acting Speaker; and I thank the good Chairman for the explanation. I guess with the statistics now in R&D, it is at the tail end of the process that started, I thought, was at the initial state of the current administration. I know people and offices were thrown all over the place, and I am glad that finally this statistic has landed where it currently is. One small question with regards to the statement made by the Chairman relating to the summary of the report, SCR. No. 20-81, on tourism development. I know when I was in that committee, we put in some money for tourism development. May I, since the report, SCR. No. 20-81, has not given us time to review, if there is money for tourism development, and how much and how was it divided up?
Acting Speaker Moses: Thank you, Chairman Urusemal. Chairman Panuelo.
Chairman Panuelo: Mr. Acting Speaker, I will gladly answer. During review of this particular item, we understand the current fiscal year, when we started, because how we gave the money executive of $11 or $12 million, we all agreed not to fund some of the line items in our respective committees. This year tourism development was not funded based on the compromised we met. So, it’s increased a little more than what it was but it is for the current fiscal year. The amount given to the states for tourism development that we are currently assisting to the states, it is a total of $2.5 million. The way it is broken down is $750,000 for Chuuk, $750,00 for Pohnpei and $500,000 each for Yap and Kosrae. This is the number that is here. This is to answer the Chairman of Education’s question on this issue. I think the states are still trying to implement these projects. Some states are faster than others in utilizing this amount of money. Currently, Pohnpei has bid out some tourist sites that are under review, and I think soon contractors will be identify to begin implementation on these, including Sokehs Ridge, for example, which has $600,000 that will be implemented. I am sure the other states are also doing the same. Thank you, Mr. Acting Speaker.
Chairman Urusemal: Mr. Acting Speaker, I thank the good Chairman on R&D for the explanation. Just one follow up on the same issue, the share for Yap, for example. As u correctly stated, some states have run with their money appropriated for their tourism development, others are still going in circle trying to figure out what to use the money for. Can the money here appropriated, if sign into law, can that fund be used to improve like the airport area, including that thing that goes around and you put your luggage in then it goes around, instead of opening up and all people looking to see what kind of clothes you wear?
Acting Speaker Moses: Thank you, Chairman Urusemal. That is a good question. Chairman Panuelo.
Chairman Panuelo: Thank you. I don’t think there is really a strict way of not allowing that money to be used. It should be determined by each state. I believe the Tourism Office consult with the states, and it is the states priorities that are highlighted and implemented by R&D Department. Each state can also designate allottee to their governors. To answer the question, I think it could. I know the last time, Kosrae intended to renovate their airport with their share. The recommendation from R&D is that if they can look at historic and sites that they can develop and use other sources, because that renovation was very costly. It may use up the entire money. The intention of the R&D Committee is to look at what can attract tourists to come in to our nation, and that is to develop the sites that are considered historic or attractive for tourists or local as well. It is not restricted, but the intention is, we hope that Yap can also develop its historic and other sites that are attractive for tourists and for locals as well. Thank you, Mr. Acting Speaker.
Acting Speaker Moses: Thank you, Chairman Panuelo. Acting Floor Leader.
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Chairman Urusemal: Thank you, Mr. Acting Speaker and the good Chairman for all the responses to my small questions. Thank you.
Acting Speaker Moses: Thank you, Chairman Urusemal. Anymore discussions?
Chairman Gouland: Question.
Chairman Panuelo: Second.
Acting Speaker Moses: It has been moved and seconded that debate is closed. We shall vote on the motion to close debate. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. We will now vote on the SCR. No. 20-81. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. Congress has now adopted Standing Committee Report No. 20-81. Next report.
Chief Clerk: There are none.
Acting Speaker Moses: Next item.
SPECIAL COMMITTEE REPORTS
None
ASSIGNMENT OF MEASURES AND COMMUNICATIONS
The Chief Clerk called attention to Referral Sheet No. 20-82.
TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIFTH REGULAR SESSION, 20TH CFSM SEPT. 17, 2018 TO OCT. 6, 2018 COMMITTEE REFERRAL
REFERRAL SHEET NO. 20-82, DAY 05, FRIDAY, 09/21/18, AT 10:00 A.M.
C.B. NO. SUBJECT COMMITTEE 20-245 To amend title 52 of the Code of the Federated States of Micronesia H&SA (Annotated), as amended, by creating a new chapter 6, to create a national employee’s retirement savings plan, and for other purposes. C.R. No. SUBJECT COMMITTEE 20-129 Approving and accepting a grant in the amount of $128,625 from the H&SA U.S. Department of Health and Human Resources and Services Administration, to fund the FSM Maternal and Child Health Program, including all the terms and conditions of the assistance. 20-130 Approving and accepting a grant in the amount of $147,000 from the H&SA U.S. Department of Health and Human Services, Health Resources and Services Administration, to fund the FSM Maternal and Child Health Program in the FSM, including all the terms and conditions of the assistance. 20-131 Approving and accepting a grant in the amount of $693,970 from the H&SA U.S. Department of Health and Human Services Centres for Disease
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Control and Prevention, to fund and support the FSM Public Health and Healthcare Emergency Preparedness Project, including all the terms and conditions of the assistance. 20-132 Expressing support of Federated States of Micronesia’s formal EDU. application for membership in the Western Interstate Commission for Higher Education. 20-133 Approving and accepting a grant from the United Nations H&SA Development Program (UNDP) in the amount of $290,386, to fund and support the Global Fund Project for HIV/TB in the FSM, including all the terms and conditions of the assistance. Presidential SUBJECT COMMITTEE Comm. No. 20-319 (Dated 09/17/18 & received 09/19/18)- Transmitting a resolution H&SA approving a grant from the United Nations Development Program (UNPD) in the amount of $290,386 to fund the Global Fund Project for HIV/TB in the FSM. Foreign SUBJECT COMMITTEE Govt. Comm. No. 20-61 (Dated 09/04/18 & received 09/19/18)- From the Hon. Sabino INFO. Anastocio, Speaker, House of Delegates, Tenth Olbiil Era Kelulau (OEK), informing about two of his staff shadowing and observing administrative and legislative work at Congress for a week. 20-62 (Dated 08/24/18 & received 09/19/18)- From the Permanent Mission INFO. of the Islamic Republic of Pakistan accredited to the United Nation and other organizations in Geneva, presenting compliments and enclose letter from the Hon. Chairman State of Pakistan, Muhammad Sadiq Sanjrani, requesting to support the candidature of Senator Farooq H. Naek as Member of the IPU Standing Committee on United Nations Affair during the forthcoming election that are schedules to be held during the 139th IPU Assembly in Geneva, 14- 18 October 2018.
Acting Speaker Moses: Chairmen and members, please take note. Next item.
UNFINISHED BUSINESS
None
BILL CALENDAR
C.B. No. 20-151 (1st Reading): To amend title 52 of the Code of the Federated States of Micronesia (Annotated), as amended, by adding a new section 212, to provide for Eligibility for Housing Allowance for Off-island Recruits for Public Service Sector positions within the National Government of the Federated States of Micronesia, and for other purposes.
Deferred on 09/18/19 to today.
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Acting Speaker Moses: Chairman Romolow, you have the floor.
Chairman Romolow: Short recess.
Acting Speaker Moses declared the Congress recessed at 11:19 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:20 a.m.
Acting Speaker Moses: Congress comes back to session. Chairman Romolow.
Chairman Romolow: Thank you, Mr. Acting Speaker. I move to defer action on the said bill, C. B. No. 20-151, to the next session of Congress.
Chairman Figir: Second.
Acting Speaker Moses: It has been moved and seconded that Congress defer action on C.B. No. 20-151 to the next session. If no discussion, we will vote on the deferment of C. B. No. 20-151. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. Congress has now deferred action on C.B. No. 20-151. Next bill.
Chief Clerk: There are none.
Acting Speaker Moses: Next item.
RESOLUTION CALENDAR
C.R. No. 20-122: To confirm the nomination of Mr. Albert Falcam to serve as a member of the Board of Directors of the Federated States of Micronesia Social Security Board, representing the National Government. – FOR ADOPTION – H&SA – (cf. SCR No. 20-79).
Acting Speaker Moses: Chairman Perman.
Chairman Perman: Short recess.
Acting Speaker Moses declared the Congress recessed at 11:21 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:22 a.m.
Acting Speaker Moses: Congress comes back to session. Chairman Perman.
Chairman Perman: Thank you, Mr. Acting Speaker. Looking at all members, it is kind of cloudy so I am going to make a motion to defer action on this resolution, C. R. No. 20-122 to next week. I so move.
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Senator Konman: Second.
Acting Speaker Moses: It has been moved and seconded that C.R. No. 20-122 be deferred. Discussions? If none, we shall vote on the motion to defer C. R. No. 20-122. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. Congress has now deferred action on C.R. No. 20-122. Next resolution.
Chief Clerk: There are none.
Acting Speaker Moses: Next item.
INTRODUCTION OF BILLS
C. B. No. 20-240: Introduced by: Senator Welly Assigned to: W&M Date introduced: September 19, 2018
To further amend Public Law No. 19-60, as amended by Public Laws Nos. 19-71, 19-80, 19-103, 19-148, 19-165 and 20-30, by amending section 6 thereof, to change the lapse date of certain funds previously appropriated therein to fund essential government functions, programs, projects and activities in each of the states, and for other purposes.
C. B. No. 20-241: Introduced by: Senator Welly Assigned to: W&M Date introduced: September 19, 2018
To further amend Public Law No. 17-59, as amended by Public Laws Nos. 17-63, 17-66, 17-70, 17-77, 17-86, 18-21, 18-29, 18-64, 18-83, 19-18 and 19-113, by amending section 6 thereof, for the purpose of changing the lapse date of certain funds previously appropriated therein, and for other purposes.
C. B. No. 20-242: Introduced by: Senator Panuelo Assigned to: W&M Date introduced: September 19, 2018
To further amend Public Law No. 20-53, as amended by Public Laws Nos. 20-57, 20-61, 20-69, 20-91 and 20-96, by amending sections 3 and 5 thereof, to change the use and allottee of funds previously appropriated therein, for the purpose of funding priority infrastructure projects and other projects and programs in the state of Pohnpei, and for other purposes.
C. B. No. 20-243: Introduced by: Floor Leader Harper (By request) Assigned to: W&M Date introduced: September 19, 2018
To appropriate the sum of $21,198 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30,
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2018, in order to settle three pending court cases against the FSM Government, and for other purposes.
C. B. No. 20-244: Introduced by: Floor Leader Harper (By request) Assigned to: W&M Date introduced: September 19, 2018
To amend sections 1 and 9 of Public Law No. 20-42, as amended by Public Laws Nos. 20-54, 20-64, 20-67, 20-83 and 20-103, in order to appropriate $4,470,000 of additional funds from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, and for other purposes.
C.B. No. 20-245: Introduced by: Senator Perman Date: 9/21/18 Assigned to: H&SA
To amend title 52 of the Code of the Federated States of Micronesia (Annotated), as amended, by creating for a new chapter 6, to create a national employee’s retirement savings plan, and for other purposes.
INTRODUCTION OF RESOLUTIONS
C.R. No. 20-129: Introduced by: Floor Leader Harper (By request) Date: 9/21/18 Assigned to: H&SA
Approving and accepting a grant in the amount of $128,625 from the U.S. Department of Health and Human Services, Health Resources and Services Administration, to fund the FSM Maternal and Child Health Program, including all the terms and conditions of the assistance.
C.R. No. 20-130: Introduced by: Floor Leader Harper (By request) Date:09/21/18 Assigned to: H&SA
Approving and accepting a grant in the amount of $174,000 from the U.S. Department of Health and Health Services, Health Resources and Services Administration, to fund the FSM Maternal and Child Health Program in the FSM, including all the terms and conditions of the assistance.
C.R. No. 20-131: Introduced by: Floor Leader Harper (By request) Date: 09/21/18 Assigned to: H&SA
Approving and accepting a grant in the amount of $693,970 from the U.S. Department of Health and Human Services Centers for Disease Control and Prevention, to fund and support the FSM Public Health and Healthcare Emergency Preparedness Project, including all the terms and conditions of the assistance.
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C.R. No. 20-132: Introduced by: Floor Leader Harper (By request) Date: 09/21/18 Assigned to: EDUC.
Expressing support of Federated States of Micronesia’s formal application for membership in the Western Interstate Commission for Higher Education.
C.R. No. 20-133: Introduced by: Floor Leader Harper (By request) Date: 09/21/18 Assigned to: H&SA
Approving and accepting a grant from the United Nations Development Program (UNDP) in the amount of $290,363, to fund and support the Global Fund Project for HIV/TB in the FSM, including all the terms and conditions of the assistance.
C.R. No. 20-134: Introduced by: Floor Leader Harper (By request) Date: 09/21/18 Assigned to: H&SA
Approving and accepting a grant in the aount of $160,875 from the U.S. Department of Health and Human Services, Health Resources and Services Administration, to fund the Universal Newborn Hearing Screening and Intervention Project in the FSM, including all the terms and conditions of the assistance.
MISCELLANEOUS COMMUNICATIONS
None
MISCELLANEOUS BUSINESS
Acting Speaker Moses: Any miscellaneous business?
Chairman Urusemal: Thank you, Mr. Acting Speaker. I just with to share something that I enjoyed watching. But before I do that, I would like to congratulate ICTV, is it? That’s the correct name of the cable TV that provides programs here?
Chairman Perman: Yes.
Chairman Urusemal: I would like to congratulate them, especially for providing local channel. I believe on my TV, it is channel fourteen. Especially for the programs that have been running, I watched several years ago and what I see now it seems to be updated versions of the historical dates, programs, and establishment of this Congress of Micronesia, for example, and I thought it is very interesting. I would encourage the other states to show those kinds of documentary films. I look at the people that were included at the founding of this nation, and it makes you really appreciate what those people went through to accomplish what they did. Many of them looked very young when they started this government through the establishment with the consul of Micronesia and then later on 1965, I believe, the Congress of Micronesia. It is very interesting and I wish the other states would show this historical film. It is especially
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Sept. 21, 2018 CONGRESSIONAL JOURNAL – DAY FIVE – 5RS – 20CFSM good for our students. Our former President John H. is included in it, the former Speaker Bethuel Henry and many of those people who have founded this nation. So I express my congratulation to ICTV. On the other hand, as I indicated during the T&C Committee hearing, I again express my disappointment with the services, especially with the mobile telecommunications. I indicated to the CEO of Telecom and I was surprised that he seemed not to be aware of this problem, including – just before I walked into this Chamber, I tried calling our office in Yap, and they couldn’t understand what I was talking about. So I asked if they could call me, they couldn’t even call me. There needs to be improvements on the Telecommunication system, not to let technology run away from us by having fiber optic cable and then the communication that many can have access to is not working. So I hope that Telecom would improve the cellular phone services in the FSM. Thank you very much, Mr. Acting Speaker.
Acting Speaker Moses: Thank you, Acting Floor Leader for the statement. Anymore miscellaneous business? Chairman Gouland?
Chairman Gouland: Thank you, Mr. Acting Speaker. This is in regards to our FY19 budget. I just received some requests yesterday in regards to the budget. There is an urgent need for our national government, most especially the Telecommunication services. The transmission yesterday is for the regulatory office. Some of the contractors, we did not receive any information about, they were requesting your committee to reconsider those. I just hope that Members of Congress, during our consultation of the budget, if we can see that and try to accommodate the needs. Thank you, Mr. Acting Speaker.
Acting Speaker Moses: Thank you, Chairman Gouland. You are a member of the Ways and Means Committee. I hope you show up to the consultations. Committee announcements will be made when we go down to the next item. Anymore miscellaneous?
Chairman Romolow: Mr. Acting Speaker.
Acting Speaker Moses: Chairman Romolow.
Chairman Romolow: Thank you, Mr. Acting Speaker. I thought I would bring up this issue again. We had a hearing on this very issue of the banning of the foreign Filipino workers in the FSM. We had thorough discussions and exchange with the witnesses on the progress and we heard that the two departments with the Executive are looking at ways to resolve this problem. But when I read the news, I hope that this is not just a selling point for the media. I always think that it is not true of what I read. But it also bothers me that while during the hearing, they said that the Executive is working to resolve this problem but what read in the news that we might be looking at a possible executive order for moratorium on the new hiring of the foreign Filipino workers in the FSM. It bothers me to know that during the hearing they said they are working on a resolution to resolve this issue, at the same time, reading this news coming out by quoting that we might expect an executive order on this. I thought I also bring up to our attention in case we might have anything to also help in influencing or resolving this issue.
Acting Speaker Moses: Thank you, Chairman Romolow. These are the problems that arise when the issues are political and not legal. Your statement is well taken. Anymore miscellaneous business? If none, next item.
ANNOUNCEMENTS
Acting Speaker Moses: Chairman Welly.
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Sept. 21, 2018 CONGRESSIONAL JOURNAL – DAY FIVE – 5RS – 20CFSM
Chairman Welly: Thank you, Mr. Acting Speaker. No announcements from your Committee on External Affairs.
Acting Speaker Moses: Chairman Figir.
Chairman Figir: Thank you. Tomorrow at 1:00 o’clock your Committee on Ways and Means will start reviewing the budget for FY19. It will be the beginning of the FY19 budget. We will decide whether it is going to be in the Members’ Lounge or in the Conference Room. Thank you.
Acting Speaker Moses: Members, take note. Thank you, Chairman Figir. Acting Chairman Neth.
Chairman Neth: None at this time. Thank you, Mr. Acting Speaker.
Acting Speaker Moses: Thank you. Chairman Perman.
Chairman Perman: Thank you, Mr. Acting Speaker. We will have an oversight hearing today with MiCare at 2:30. I am excusing myself because it is Genesis and you all know why. So Vice Speaker will be chairing the oversight. My Vice Chairman, for everybody’s information, is either in Kosrae or the Philippines, Chairman Alik L. Alik. Thank you.
Acting Speaker Moses: Thank you. Chairman Romolow. Chairman Panuelo.
Chairman Panuelo: Mr. Acting Speaker. Your R&D Committee will be conducting an oversight. The date is not set yet. Just for information purposes, it is a policy framework that is coming for protected areas network for all the FSM. It should be an interesting issue. Witnesses will be called. I am just giving out the information so members can see the announcement on the screen. Thank you, Mr. Acting Speaker.
Chairman Figir: Mr. Acting Speaker, short recess.
Acting Speaker Moses declared the Congress recessed at 11:35 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:38 a.m.
Acting Speaker Moses: Congress comes back to session. Chairman Gouland.
Chairman Gouland: Mr. Acting Speaker, I have a lot of announcements, but for now, none.
Acting Speaker Moses: Vice Chairman Konman.
Senator Konman: Thank you, Mr. Speaker. No announcement.
Acting Speaker Moses: Chairman Urusemal and then Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: Thank you, Mr. Acting Speaker. As I alluded to during the recess, your Committee is honoring the weekend by not having a meeting, but on Monday at 1:30 p.m., it will have its hearing on the bill to authorize or give authority to the Department of Education to do license for
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Sept. 21, 2018 CONGRESSIONAL JOURNAL – DAY FIVE – 5RS – 20CFSM private schools. So it will be on Monday, in the afternoon. Right after that, we will go into special education grants, in the Hearing Room. Thank you, Mr. Acting Speaker.
Acting Speaker Moses: Thank you, Chairman Urusemal, now Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: With that Mr. Acting Speaker, I move that this Congress stand in recess until Monday at 10:00 a.m., in the morning.
Chairman Perman: Second.
Acting Speaker Moses: It has been moved and seconded that Congress stand in recess until Monday at 10:00 a.m. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. Congress, now, stands in recess until 10:00 a.m., Monday morning.
Acting Speaker Moses declared that the Congress stand in recess at 11:40 a.m., Friday, September 21, 2018, until Monday, September 24, 2018, at 10:00 a.m.
Respectfully submitted,
Liwiana Ramon Ioanis Chief Clerk
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CONGRESSIONAL JOURNAL TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIFTH REGULAR SESSION
DAY SIX Saturday, September 22, 2018 No Session
DAY SEVEN Sunday, September 23, 2018 No Session
DAY EIGHT Monday, September 24, 2018
The Eighth Day of the Fifth Regular Session of the Twentieth Congress of the Federated States of Micronesia was called to order at 10:37 a.m., Monday, September 24, 2018.
Speaker Wesley W. Simina presided.
A moment of silent prayer was observed.
The Chief Clerk called the roll. Eleven Members were present; Chairman Alik and Chairman Romolow were excused; Senator Aritos was absent.
Floor Leader Harper moved to dispense with the reading of the Journal; Senator Konman seconded, and the motion carried by voice vote.
PRESIDENTIAL COMMUNICATIONS
-No. 20-321 - (Dated 09/18/18 and received 09/21/18) – Transmitting a resolution approving and accepting a grant assistance in the amount of $666,397 from the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA) for budget period from October 01, 2018 to September 30, 2019.
-No. 20-322 - (Dated 09/20/18 and received 09/21/18) – Transmitting a resolution approving a grant from the United States Department of Health Services, Centers for Disease Control and Prevention in the total amount of $1,437,107 to fund the implementation of a new grant, FSM Crisis Response Project through the FSM Public Health and Healthcare Emergency Preparedness Program.
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-No. 20-323 - (Dated and received 09/21/18) – Designating Congressional Act No. 20-122, as Public Law No. 20-121: “To appropriate the sum of $200,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, for the purpose of funding relief efforts in Guam and the Commonwealth of the Northern Mariana Islands due to damages caused by Typhoon Mangkhut, and for other purposes.”
-No. 20-324 - (Dated & received 09/21/18) – Designating Congressional Act No. 20-120, as Public Law No. 20-122: “to amend sections 1, 3, 8 and 9 of Public Law No. 20- 42, as amended by Public Laws Nos. 20-54, 20-64, 20-67, 20-83, 20-94 AN 20- 103, in order to appropriate $73,140,000 of additional funds from the General Funds of the Federated States of Micronesia for the fiscal year ending September 30, 2018, to provide funding for the operations of the national government of the Federated States of Micronesia, various grants, subsidies and contributions and Capital and Human Resources Development, including additional funding for the FSM Trust Fund, and for other purposes.”
Speaker Simina: Chief Clerk, assign those Communications. Two of those go to H&SA. Make sure you do an oversight on them, Chairman Perman, and of course, the others. You can see what hard work can deliver. We work hard on the supplemental and the assistance typhoon relief in Guam and CNMI. And it will take President one or two days to sign those into the law. We will be hopeful for that.
Floor Leader Harper: Mr. Speaker.
Speaker Simina: Floor Leader Harper.
Floor Leader Harper: Thank you, Mr. Speaker. Just relating to Presidential Communication No. 20-321. Mr. Speaker, I would like to say that I really feel bad seeing this kind of huge money available for substance abuse and mental health while I have a son who has been going psychic for five years and never get assisted from this program. Thank you, Mr. Speaker.
Speaker Simina: Thank you, Floor Leader Harper. That is a legitimate concern. That is the best evidence of whether they are doing a good job helping out those very kinds of people who are having those kinds of mental illnesses. We can go into miscellaneous or we can do it in oversight hearing, but I will allow comments.
Chairman Panuelo: Mr. Speaker.
Speaker Simina: Chairman Panuelo.
Chairman Panuelo: Point of privilege.
Speaker Simina: State your point.
Chairman Panuelo: Thank you, Mr. Speaker. Good morning to you and to all Members who are looking fresh and ready for action, and those who are observing. Mr. Speaker, as a usual practice, we have some officials who are observing our session this morning so on our behalf, may I kindly ask that we recognize a good friend and the Associate Judge from Pohnpei State who has just arrived back from an official trip. Let’s kindly recognize and give a round of applause to the Honorable Nickontro Johnny, Associate Justice for the Pohnpei Supreme Court (applause). Thank you, Mr. Speaker. If I may continue,
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Sept. 24, 2018 CONGRESSIONAL JOURNAL – DAYS 6, 7, 8 – 5RS – 20CFSM we have our good colleague, former member of Congress, our National Election Director Mr. Tony Otto. I know here is frequent here. I am not sure if he is asking Members to prepare for the election that is forthcoming around the corner. Let’s welcome our friend and give him a round of applause, too (applause). We also have from the President’s Office, Pelsesar Petrus who is always diligent in observing our session (applause). Good morning to you all and welcome. Thank you, Mr. Speaker.
Speaker Simina: Thank you, Chairman Panuelo. Indeed, Associate Justice Johnny is always welcome to come and observes and critiques our session. I know he is very much interested in what we do. Thank you, Associate Justice, for frequenting our session whenever your time allows. Thank you very much for your visit. And we thank those other officials. For Director Otto’s information, my nomination petition is still not fully signed, if he wants to sign it. Any other points of privilege?
Chairman Panuelo: Let us recognize the representative of the U.S. Embassy, former director of our Rural Development, Ms. Cheryl Burkindine who is here among us. Let’s also welcome her and give her a round of applause (applause). Thank you.
Speaker Simina: Yes. Ms. Burkindine is always welcome to join and observe our session. Thank you for your consistence attendance and observation of our session.
Chairman Perman: Short recess.
Speaker Simina declared the Congress recessed at 10:44 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 10:48 a.m.
Speaker Simina: Congress comes back to session. Next item.
FSM SUPREME COURT COMMUNICATIONS
None
MEMBER COMMUNICATIONS
None
DEPARTMENTAL COMMUNICATIONS
None
AGENCY OR GOVERNMENTAL AUTHORITY COMMUNICATIONS
None
STATE COMMUNICATIONS
None
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STATE SUPREME COURT COMMUNICATIONS
None
MUNICIPAL OR TOWN COMMUNICATIONS
None
FOREIGN GOVERNMENT COMMUNICATIONS
None
ORDER OF THE DAY
STANDING COMMITTEE REPORTS
The Chief Clerk called attention to Awaiting List No. 20-40.
TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIFTH REGULAR SESSION, 20 TH FSM CONGRESS SEPTEMBER 17 2018 TO OCTOBER 06, 2018 R E P O R T A W A I T I N G R E Q U I R E M E N T S
NO. 20-40, 8TH DAY, MONDAY, SEPT. 24, 2018, AT 10:00 A.M.
REPORT NO. SUBJECT DATE AND TIME 20-82 RE: Presidential Comm. No. 20-11, the National Government’s proposed budget for fiscal year 2019. 9/24/18 (Submitted By: W&M Committee) 10:00 A.M.
Chairman Figir: Short recess.
Speaker Simina declared the Congress recessed at 10:49 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 10:50 a.m.
Speaker Simina: Congress comes back to session. We have the Awaiting List No. 20-40. Take a look at that. Next item.
SPECIAL COMMITTEE REPORTS
None
ASSIGNMENT OF MEASURES AND COMMUNICATIONS
The Chief Clerk called attention to Referral Sheet No. 20-83.
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Sept. 24, 2018 CONGRESSIONAL JOURNAL – DAYS 6, 7, 8 – 5RS – 20CFSM
TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIFTH REGULAR SESSION SEPTEMBER 17, 2018 TO OCTOBER 06, 2018
COMMITTEE REFERRAL
REFERRAL SHEET NO. 20-83, DAY 08, MONDAY, 09/24/18, AT 10:00 A.M.
C.B. No. SUBJECT COMMITTEE 20-246 To award a seven percent (7%) increase in the annual J&GO salary for all full-time employees of the Federated States of Micronesia’s National Government Public Services System who have been employed for more than 4 years, and for other purposes.
UNFINISHED BUSINESS
None
BILL CALENDAR
None
RESOLUTION CALENDAR
C.R. No. 20-122: To confirm the nomination of Mr. Albert Falcam to serve as a member of the Board of Directors of the Federated States of Micronesia Social Security Board, representing the National Government. – FOR ADOPTION – H&SA – (cf. SCR No. 20-79).
Deferred on 9/21/18 to this week, any day.
Speaker Simina: Chairman Perman.
Chairman Perman: Thank you, Mr. Speaker. First, good morning to you, Members and to all who are observing us this morning. I so move for the adoption of the resolution, C.R. No. 20-122.
Chairman Panuelo: Second.
Speaker Simina: It has been moved and seconded that Congress adopt C.R. No. 20-122. Short recess.
Speaker Simina declared the Congress recessed at 10:51 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 10:53 a.m.
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Sept. 24, 2018 CONGRESSIONAL JOURNAL – DAYS 6, 7, 8 – 5RS – 20CFSM
Speaker Simina: Congress comes back to session. It has been moved and seconded that Congress adopt C.R. No. 20-122. That is the nomination of Mr. Albert Falcam to serve on the Board of Directors of the FSM Social Security. Discussions?
Chairman Perman: Mr. Speaker.
Speaker Simina: Chairman Perman.
Chairman Perman: Thank you, Mr. Speaker. I am asking Members for their full support on the nominee. He is replacing Kosak Keller who died a few months ago. Now, we don’t have any representative from our national level. Again, I am asking you to please give your support on this nominee. Thank you.
Speaker Simina: Thank you, Chairman Perman. Any other discussions?
Floor Leader Harper: Mr. Speaker.
Speaker Simina: Floor Leader Harper.
Floor Leader Harper: Thank you, Mr. Speaker. It is not that I am not supporting this individual, but I just want to know where the nomination is working at this time.
Speaker Simina: That is a fair question.
Chairman Perman: Thank you, Mr. Speaker. He just resigned from being the Temporary Judge for U Municipal Government, but he retired from Pohnpei State Post Office as the Postmaster.
Floor Leader Harper: Am I right to say that he doesn’t have a job at this time?
Chairman Perman: Yes.
Speaker Simina: That will make him concentrate fully on the position.
Chairman Perman: Mr. Speaker, when we asked him why he resigned from being the Temporary Judge, the answer given was, if he gets confirmed by Congress, then he wants to fully concentrate on being a board member.
Speaker Simina: Thank you. That is a very good explanation.
Floor Leader Harper: Mr. Speaker.
Speaker Simina: Yes?
Floor Leader Harper: Just for my information because I am kind of ignorance of what is going on with this kind of appointment. Isn’t it a law that someone has to be working with our National Government in order to represent the National Government on the Boards and Commissions?
Speaker Simina: Chairman Perman?
Chairman Perman: Thank you. That question was raised, too, during the hearing and the answer was “No”.
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Floor Leader Harper: Thank you. I wasn’t able to attend the hearing as I was in Chuuk.
Speaker Simina: Thank you, Floor Leader Harper bringing that up. That is an important element because some of the laws do contain that provision. But I think for the Social Security, it is never intended to make a national employee qualification.
Chairman Perman: Mr. Speaker, just to add on to that, Kosak Keller wasn’t an employee of National Government. He used to be one. But being on the Board of Member, he wasn’t a National Government employee. Thank you.
Speaker Simina: Thank you. Any further discussions? If no further, debate is closed. We will now vote. It is a nomination. We will vote by secret ballot. Ten votes are required. Short recess.
Speaker Simina declared the Congress recessed at 10:57 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:01 a.m.
Speaker Simina: Congress comes back to session. Chief Clerk, announce the results.
Chief Clerk: Mr. Speaker, ten Members voted for, one against.
Speaker Simina: For that reason, C.R. No. 20-122 has adopted by Congress. Mr. Albert Falcam is confirmed. Let’s give him a round of applause (applause). Next resolution.
Chief Clerk: There are none.
Speaker Simina: Next item.
INTRODUCTION OF BILLS
C.B. No. 20-246: Introduced by: Senator Perman Date: Sept. 24, 2018 Assigned to: J&GO
To award the seven percent (7%) increase in the annual salary for all full- time employee of the Federated States of Micronesia’s National Government Public Service System who have been employee for more than 4 years, and for other purposes.
INTRODUCTION OF RESOLUTIONS
None
MISCELLANEOUS COMMUNICATIONS
None
Chairman Figir: Mr. Speaker.
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Sept. 24, 2018 CONGRESSIONAL JOURNAL – DAYS 6, 7, 8 – 5RS – 20CFSM
Speaker Simina: Chairman Figir.
Chairman Figir: I move that we go back to item 14.
Speaker Simina: If there is no objection, we will go back to item 14. That is the Standing Committee Reports.
STANDING COMMITTEE REPORTS
Speaker Simina: Chairman Figir.
Chairman Figir: Thank you, Mr. Speaker. I move to place SCR No. 20-82 on the Standing Committee Reports for action.
Chairman Panuelo: Second.
Speaker Simina: It has been moved and seconded that SCR No. 20-82 be placed on the Standing Committee Reports Calendar for action. Floor Leader Harper.
Floor Leader Harper: Thank you, Mr. Speaker. I move to suspend any relevant rules that may impede our action on the report, SCR No. 20-82, especially the one requiring 24-hour awaiting period.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that the relevant rules, specifically the rule requiring 24-hour awaiting period be suspended. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. The relevant rules are now suspended. All those in favor of the placement of SCR No. 20-82 say “aye” – opposed “nay”. The motion is carried. The report, SCR No. 20-82, is placed on the Standing Committee Report Calendar. Chief Clerk.
-SCR No. 20-82, RE: Presidential Communication No. 20-211, “Fiscal year 2019 Budget.” – W&M Committee.
Chairman Figir: Mr. Speaker.
Speaker Simina: Chairman Figir.
Chairman Figir: Thank you, Mr. Speaker. I move for the adoption of the report, SCR No. 20-82.
Chairman Panuelo: Second.
Speaker Simina: It has been moved and seconded that SCR No. 20-82 be adopted. Discussions?
Chairman Urusemal: Short recess.
Speaker Simina declared the Congress recessed at 11:04 a.m., subject to the call of the Chair.
RECESS
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Sept. 24, 2018 CONGRESSIONAL JOURNAL – DAYS 6, 7, 8 – 5RS – 20CFSM
The Congress reconvened at 11:10 a.m.
Speaker Simina: Congress comes back to session. We are still on discussion of SCR No. 20-82. Chairman Figir.
Chairman Figir: I bet for your understanding that we adopt this. It is not a perfect report but it is a summary of all the operations under the jurisdiction of your Committee (W&M). Again, I think the report contains everything that the Committee and Members of Congress agreed on. I think it is the best report that has been submitted, because of the hard work of the staff that they missed dinner last night to work on this. I am not talking about myself. It is good that they worked into the night. So, I move for the previous question.
Chairman Perman: Second.
Speaker Simina: Thank you, Chairman Figir. If there is no objection, debate is closed. Let’s vote on the report, SCR No. 20-82. All those in favor of the adoption of SCR No. 20-82 say “aye” – opposed “nay”. The motion is carried. The report, SCR No. 20-82, has been adopted by Congress. Next report.
Chief Clerk: There are none.
Speaker Simina: If there is no further reports and if there is no objection, we will go to item 22, Miscellaneous Business.
MISCELLANEOUS BUSINESS
Speaker Simina: Do you have miscellaneous business? If none, we will go down to Announcements.
ANNOUNCEMENTS
Speaker Simina: Chairman Welly.
Chairman Welly: Thank you, Mr. Speaker. No announcements from your Committee on External Affairs.
Speaker Simina: Thank you, Chairman Welly. Chairman Figir.
Chairman Figir: Thank you, Mr. Speaker. Tomorrow at 8:30 a.m., and I think the Chairman of T&C Committee for allowing his time to your Committee on Ways and Means to have public hearing on three bills. I cannot remember the numbers of the three bills, but they are trying to fix the Trust Fund and make sure that it works well. It seems, when I look at the Order of Business for the day, I see a lot of “None”. That means everybody has gone to sleep. It reminds me of the story of the person who went to sleep for twenty years and he came back everything has changed. So I think we need, and I ask the all Members to show up to the meeting, especially the witnesses from the Executive Branch. We need their expertise. I hope that they wake up and come to the hearing tomorrow morning. Thank you.
Speaker Simina: Thank you, Chairman Figir. If there are around, yes. If not, then I don’t know. Vice Chairman Neth.
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Senator Neth: None at this time. Thank you.
Speaker Simina: Thank you. Vice Speaker Moses. Chairman Perman.
Chairman Perman: Thank you. Your Committee on Health and Social Affairs will have an oversight hearing at 1:30 p.m., regarding grants. Thank you.
Speaker Simina: Take note, members of Health and Social Affairs Committee. Chairman Panuelo.
Chairman Panuelo: Thank you. Your R&D Committee had a very productive hearing this morning on the protected area network, policy framework. Wednesday at 8:30 a.m., we have notice of hearing on the matter dealing with competent authority. That is also a very urgent and important one so I ask the members of the Committee to join our meeting with NORMA and other departments in reviewing this with the hope of getting it into Congress for action. Thank you, Mr. Speaker.
Speaker Simina: Thank you, Chairman Panuelo for the announcement. Take note, members of R&D Committee. Chairman Gouland.
Chairman Gouland: Thank you, Mr. Speaker. No announcements. They give up their time tomorrow to the Chairman of Ways and Means.
Speaker Simina: Thank you, Chairman Gouland for accommodating Ways and Means to do its hearing. Senator Konman.
Senator Konman: Thank you, Mr. Speaker. I have no announcements.
Speaker Simina: Thank you. Chairman Urusemal.
Chairman Urusemal: Thank you, Mr. Speaker. First, I wish to announce that the money requested here for substance abuse and mental health services and administration is doing a good job. We keep getting more people to using this substance. Your Committee on Education will have a hearing with the appropriate officials of the Executive Branch on a bill, empowering the Department of Education to charter or to issue license to non-public schools and postsecondary schools. If you are interested in Special Education, we have a grant that we would review right after that. That will start at 1:30 p.m., this afternoon until finish, in the Hearing Room. Thank you, Mr. Speaker.
Speaker Simina: Thank you, Chairman Urusemal for the announcements. Members of Education Committee take note of the time and place. If there is no other announcement, remember the Executive meeting, we will have it right after session. Floor Leader Harper.
Floor Leader Harper: Thank you, Mr. Speaker. Before I make my usual motion, I just want to ask my brother here as to when he is going to have an oversight hearing with our College of Micronesia for the concern that I raised on the Opening Day of our session.
Chairman Urusemal: On Wednesday, during our allocated time, we will have our oversight with the College, COM-FSM, at 1:30 p.m. On Friday, September 28, at 1:30 p.m., we will continue with the Department of Education, if needed. Please come with all your concerns, especially with the College, not only the issue raised by the good Floor Leader. Thank you.
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Floor Leader Harper: Thank you.
Speaker Simina: Thank you, Chairman Urusemal. I believe there is a communication or a letter from Vice President George to the President of the College raising the same concern that you raised on the Opening Day. Floor Leader harper.
Floor Leader Harper: Thank you, Mr. Speaker. Without any objection, I move that we stand in recess until tomorrow, 10:00 a.m.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that Congress stand in recess until tomorrow at 10:00 a.m. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. Congress, now, stands in recess until tomorrow at 10:00 a.m., in the morning.
Speaker Simina declared that the Congress stand in recess at 11:20 a.m., Monday, September 24, 2018, until tomorrow, Tuesday, September 25, 2018, at 10:00 a.m.
Respectfully submitted,
Liwiana Ramon Ioanis Chief Clerk
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CONGRESSIONAL JOURNAL TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIFTH REGULAR SESSION
DAY NINE Tuesday, September 25, 2018
The Ninth Day of the Fifth Regular Session of the Twentieth Congress of the Federated States of Micronesia was called to order at 10:38 a.m., Tuesday, September 25, 2018.
Speaker Wesley W. Simina presided.
A moment of silent prayer was observed.
The Chief Clerk called the roll. Eleven Members were present; Senator Alik was excused; Senator Figir and Senator Panuelo were absent.
Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 10:40 a.m., subject to the call of the Chair.
RECESS
Senator Figir entered the Chamber and took his seat at 10:45 a.m.
The Congress reconvened at 10:48 a.m.
Speaker Simina: Congress comes back to session. We are on item 4, Reading of the Journal. Floor Leader Harper.
Floor Leader Harper moved to dispense with the reading of the Journal; Senator Urusemal seconded, and the motion carried by voice vote.
PRESIDENTIAL COMMUNICATIONS
-No. 20-325 - (Dated 09/22/18 and received 09/24/18) – Designating Congressional Act No. 20- 119, as Public Law No. 20-123: “To further amend Public Law No. 19-121, as amended by Public Laws Nos. 19-130, 19-142, 20-09, 20-22, 20-51, 20-59 and 20- 70, by amending section 6 thereof, to change the lapse date of funds previously appropriated therein, for the purpose of funding public projects and social programs for the people of the states of Yap, Kosrae, Pohnpei and Chuuk, and for other purposes.”
-No. 20-326 - (Dated 09/22/18 and received 09/24/18) – Designating Congressional Act No. 20- 121, as Public Law No. 20-124: “To amend Public Law No. 20-92, by amending section 6 thereof, for the purpose of changing the allottee of funds previously appropriated therein, to fund public projects and social programs for the people of Yap State, and for other purposes.”
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-No. 20-327 - (Dated 09/22/18 and received 09/24/18) – Designating Congressional Act No. 20- 129, as Public Law No. 20-125: “To appropriate the sum of $7,000,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, for the purpose of funding public projects and social programs for the people of Yap, Kosrae, Pohnpei and Chuuk States, and for other purposes.”
-No. 20-328 - (Dated 09/22/18 and received 09/24/18) – Designating Congressional Act No. 20- 125, as Public Law No. 20-126: To further amend Public Law No. 17-59, as amended by Public Laws Nos. 17-63, 17-66, 17-70, 17-77, 17-86, 18-21, 18-29, 18-64, 18-83, 19-18 and 19-113, by amending section 6 thereof, for the purpose of changing the lapse date of certain funds previously appropriated therein, and for other purposes.”
-No. 20-329 - (Dated 09/22/18 and received 09/24/18) – Designating Congressional Act No. 20- 123, as Public Law No. 20-127: “To further amend Public Law No. 19-54, as amended by Public Laws Nos. 19-62, 19-75, 19-79, 19-99, 19-119 and 20-04, by amending section 6 thereof, to change the lapse date of funds previously appropriated therein, and for other purposes.”
-No. 20-330 - (Dated 09/22/18 and received 09/24/18) – Designating Congressional Act No. 20- 124, as Public Law No. 20-128: “To further amend Public Law No. 19-60, as amended By Public Laws Nos. 19-71, 19-80, 19-103, 19-148, 19-165 and 20-30, by amending section 6 thereof, to change the lapse date of certain funds previously appropriated therein to fund essential government functions, programs, projects and activities in each of the states, and for other purposes.”
Speaker Simina: Chief Clerk, assign those Communications. Next item.
Senator Panuelo entered the Chamber and took his seat at 10:49 a.m.
FSM SUPREME COURT COMMUNICATIONS
None
MEMBER COMMUNICATIONS
None
DEPARTMENTAL COMMUNICATIONS
None
AGENCY OR GOVERNMENTAL AUTHORITY COMMUNICATIONS
None
STATE COMMUNICATIONS
None
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Sept. 25, 2018 CONGRESSIONAL JOURNAL – DAY NINE – 5RS – 20CFSM
STATE SUPREME COURT COMMUNICATIONS
None
MUNICIPAL OR TOWN COMMUNICATIONS
None
FOREIGN GOVERNMENT COMMUNICATIONS
None
ORDER OF THE DAY
STANDING COMMITTEE REPORTS
Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 10:50 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 10:50 a.m.
Speaker Simina: Congress comes back to session. Chairman Figir.
Chairman Figir: Thank you, Mr. Speaker. I move that we go down to item 19, Resolution Calendar.
Chairman Panuelo: second.
Speaker Simina: It has been moved and seconded that we go the Resolutions Calendar. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried.
RESOLUTION CALENDAR
Speaker Simina: Chairman Figir.
Chairman Figir: Thank you, Mr. Speaker. I move to withdraw and place C.R. No. 20-135 on the Calendar for action.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that Congress withdraw and place C.R. No. 20-135 on the Calendar for action. Floor Leader Harper, do you have any rules to suspend?
Floor Leader Harper: Thank you, Mr. Speaker. I move to suspend any relevant rules that may impede our action on the resolution, C.R. No. 20-135.
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Senator Konman: Second.
Speaker Simina: It has been moved and seconded that the rules that may impede our action the motion be suspended. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. The relevant rules that may impede our action on the motion are suspended. Let’s vote on the main motion. All those in favor of the withdrawal and placement of the resolution, C.R. No. 20-135, say “aye” – opposed “nay”. The motion is carried. The resolution, C.R. No. 20-135, is now placed on the Calendar for action. Chief Clerk, read the title.
C.R. No. 20-135: Setting the ceiling of the total funds estimated to be available for appropriation from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2019.
Speaker Simina: There you have it. Chairman Figir.
Chairman Figir: I move that Congress adopt Congressional Resolution No. 20-135.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that Congress adopt C.R. No. 20-135. Discussions? Short recess.
Speaker Simina declared the Congress recessed at 10:53 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:00 a.m.
Speaker Simina: Congress comes back to session. We are still on discussion of C.R. No. 20-135. Any further discussions?
Senator Neth: Question.
Speaker Simina: Question has been called for. If there is no objection, debate is closed. Let’s vote on the adoption of the resolution, C.R. No. 20-135. All those in favor of the adoption of C.R. No. 20-135 say “aye” – opposed “nay”. The motion is carried. The resolution, C.R. No. 20-135, has been adopted by Congress. We, now, have a ceiling to work with. Next resolution.
Chief Clerk: There are no more, Mr. Speaker.
Speaker Simina: Floor Leader Harper, take us back to the Standing Committee Reports Calendar.
Floor Leader Harper: Mr. Speaker, I move that we go back to item 14, Standing Committee Reports Calendar.
Chairman Urusemal: Second.
Speaker Simina: It has been moved and seconded that we go back to item 14, Standing Committee Reports. If there is no objection, we are back on Standing Committee Reports.
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Sept. 25, 2018 CONGRESSIONAL JOURNAL – DAY NINE – 5RS – 20CFSM
STANDING COMMITTEE REPORTS
The Chief Clerk called attention to Awaiting List No 20-41.
TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIFTH REGULAR SESSION SEPTEMBER 17, 2018 TO OCTOBER 06, 2018
R E P O R T S A W A I T I N G R E Q U I R E M E N T S
NO. 20-41, 9TH DAY, TUESDAY, SEPT. 25, 2018, AT 10:00 A.M.
REPORTS SUBJECT DATE AND TIME 20-83 RE: C.R. No. 20-124, “Approving and accepting a grant in 9/25/18 @ the amount of $922,587 from the U.S. Department of 10:00 a.m. Education, Division of Special Education Program, for the Federal Fiscal Year 2018 fund under Part B of the Individual with Disabilities Education Act (IDEA), including all the terms and conditions of the assistance.” – Submitted by: Education Committee. 20-84 RE: C.B. No. 20-248, “A bill for an act to appropriate 9/25/18 @ 10:00 $64,819,927 from the General Fund of the Federated States a.m. of Micronesia for the fiscal year ending September 30, 2019, to provide funding for the operations of all branches of the National Government of the Federated States of Micronesia, its agencies, various programs, grants, subsidies and contributions and Capital and Human Resources Development.” – Submitted by: Ways and Means Committee.
Speaker Simina: Members, take a look at that. We have two reports.
Chairman Urusemal: Short recess.
Speaker Simina declared the Congress recessed at 11:01 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:04 a.m.
Speaker Simina: Congress comes back to session. We are still on the Standing Committee Reports Calendar.
Chairman Romolow: Mr. Speaker, point of privilege.
Speaker Simina: State your point, Chairman Romolow.
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Chairman Romolow: Thank you, Mr. Speaker. Good morning to you and Members. I wish to beg the indulgence of this Congress to recognize with me a very important person observing our session this morning, I ask that we give a round of applause to our very own Election Director, Tony Otto (applause).
Speaker Simina: Thank you, Chairman Romolow. You are really going all out.
Chairman Panuelo: Mr. Speaker, point of privilege.
Speaker Simina: It is your turn, Chairman Panuelo.
Chairman Panuelo: Thank you, Mr. Speaker. Since we are introducing individuals, I want to introduce some officials who are observing from the gallery. I will read out a list and we will give them a round of applause. I would like to begin with the Honrable Nickontro Johnny – Associate Justice of the FSM Supreme Court, Mr. Eugene Pangelinan – Executive Director of NORMA, Jermy Mudong (DOFA), Rob Solomon (DOFA), Pelan Yoma – FSM Ombudsman, and Mr. Dickson Wichep – our Chief Division of project infrastructure (TC&I). Let’s kindly welcome them and give them a round of applause (applause). Thank you, Mr. Speaker.
Speaker Simina: Thank you, Chairman Panuelo. Congress joins you in welcoming our important citizens and employees or officials of our Government. I believe Director Pangelinan has something for u to do for him. Any other point of privilege? If none, Floor Leader Harper.
Floor Leader Harper: Thank you, Mr. Speaker. I move that we stand in recess until 1:00 o’clock this afternoon.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that Congress stand in recess until 1:00 o’clock, this afternoon. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. Congress will stand in recess until 1:00 o’clock, this afternoon.
Speaker Simina declared the Congress recessed at 11:07 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 1:13 p.m.
Speaker Simina: Congress comes back to session after its recess this morning. We are still on the Standing Committee Reports, on the Awaiting List No. 20-41. Please take a look at that. We have two reports. Chairman Figir.
Chairman Figir: Thank you, Mr. Speaker. I have two reports that I want to place on the Standing Committee Reports Calendar.
Speaker Simina: Go ahead.
Chairman Figir: Short recess.
Speaker Simina declared the Congress recessed at 1:14 p.m., subject to the call of the Chair.
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RECESS
The Congress reconvened at 1:15 p.m.
Speaker Simina: Congress comes back to session. Chairman Figir.
Chairman Figir: Thank you, Mr. Speaker. I move to place the following reports on the Standing Committee Reports Calendar: SCR No. 20-83 and 20-84. I so move.
Floor Leader Harper: Second.
Speaker Simina: It has been moved and seconded that the following reports be place for action SCR No. 20-83 and 20-84. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. The reports, SCR No. 20-83 and 20-84, are placed for action. Any rules to suspend?
Floor Leader Harper: I so move.
Chairman Figir: Second.
Speaker Simina: It has been moved and seconded that any relevant rules be suspended. We, now, have two reports on the Calendar for action. Chairman Urusemal.
Chairman Urusemal: I move that SCR No. 20-83 be adopted.
-SCR No. 20-83: “RE: Approving and accepting a grant in the amount of $922,587 from the U.S. Department of Education, Division of Special Education, for the Federal Fiscal Year 2019 fund under part B of the individuals with Disabilities Education Act, including all terms and conditions of the assistance.” -(Submitted by: W&M/EUC. Committee)
Chairman Figir: Second.
Speaker Simina: It has been moved and seconded that Congress adopt SCR No. 20-83. Discussion?
Chairman Figir: Question.
Speaker Simina: Question has been called for. If there is no objection, debate is closed. Let’s vote. All those in favor of the adoption of the report, SCR No. 20-83, say “aye” – opposed “nay”. The motion is carried. The report, SCR No. 20-83, is adopted. Next report.
-SCR No. 20-84: RE. C.B. No. 20-248: To appropriate $65,819,927 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, to provide funding for the operation of all branches of the National Government of the Federated States of Micronesia, its agencies, various programs, grants, subsidies, and contributions and capital and Human Resources Development, and for other purposes.” -– W&M
Speaker Simina: Chairman Figir.
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Sept. 25, 2018 CONGRESSIONAL JOURNAL – DAY NINE – 5RS – 20CFSM
Chairman Figir: Thank you, Mr. Speaker. I move that Congress adopt Standing Committee Report No. 20-84.
Chairman Panuelo: Second.
Speaker Simina: It has been moved and seconded that Congress adopt SCR No. 20-84. Discussions? If none, debate is closed. Let’s vote. All those in favor of the adoption of SCR No. 20-84 say “aye” – opposed “nay”. The motion is carried. The report, SCR No. 20-84, is adopted by Congress. Next report.
Chief Clerk: There are none, Mr. Speaker.
Speaker Simina: If there is no objection, we will now go to the next item.
SPECIAL COMMITTEE REPORTS
None
ASSIGNMENT OF MEASURES AND COMMUNICATIONS
The Chief Clerk called attention to Referral Sheet No. 20-83.
TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIFTH REGULAR SESSION, 20TH CFSM SEPT. 17, 2018 TO OCT. 6, 2018 COMMITTEE REFERRAL
REFERRAL SHEET NO. 20-83, DAY 08, MONDY, 09/24/18, AT 10:00 A.M.
C.B. NO. SUBJECT COMMITTEE 20-246 To award a seven percent (7%) increase in the annual salary for J&GO all full-time employees of the Federated States of Micronesia’s National Government Public Service System who have been employed for more than 4 years, and for other purposes.
Speaker Simina: Chairmen and members, take a look at the Referral Sheet for your planning purposes. Next item.
UNFINISHED BUSINESS
None
BILL CALENDAR
C.B. No. 20-248 (1st Reading): To appropriate $64,819,927 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2019, to provide funding for the operations of all branches of the National Government of the Federated States of Micronesia, its agencies,
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Sept. 25, 2018 CONGRESSIONAL JOURNAL – DAY NINE – 5RS – 20CFSM
various programs, grants, subsidies and contributions and Capital and Human Resources Development, and for other purposes.
Speaker Simina: Chairman Figir.
Chairman Figir: Thank you, Mr. Speaker. I move for the passage on First Reading C.B. No. 20-248.
Chairman Panuelo: Second.
Speaker Simina: It has been moved and seconded that Congress pass on First Reading C.B. No. 20-248. That is the FY19. Discussions?
Floor Leader Harper: Mr. Speaker.
Speaker Simina: Yes.
Floor Leader Harper: Thank you, Mr. Speaker. It has been my curiosity as to how much money we have been putting into travel, subsidies and contributions all these fiscal years. Now I want to ask the Committee on Ways and Means if they have computed as to how much it goes to travel, subsidies and contribution of this fiscal year.
Speaker Simina: That is out of curiosity. Chairman of Ways and Means.
Chairman Figir: I cannot give the exact total amount of money we have been appropriating for travel and subsidies. On the bill, you would know. On the current fiscal year, you would also know. A lot of money is going into travel. The question being raised in the past and we asked the Executive and even Congress why we cannot cut down on travel and the answer is because we are a nation of many islands and big ocean, with a huge distance so we need to travel.
Floor Leader Harper: Thank you, Mr. Speaker.
Speaker Simina: Continue.
Floor Leader Harper: Last question. If we decide to withdraw some of our contributions or subsidies to all these other organization, agencies and all that, would there be any negative impact on our Government?
Chairman Figir: In most of them, there will be negative impact. For instance, the World Bank, we put money, but we get from them is a lot of money coming in. we have to be a member of some of these organizations. That is why we put in our fees. If you weigh the benefits that we get from some of these, the benefits outweigh the cost that we put in and subsidies and membership of these organizations.
Floor Leader Harper: Thank you, Mr. Speaker. That was my last question. This is my last request. I have seen somewhere in the budget that there is money for travel to Vietnam. Last time I missed the trip to Vietnam so I ask that if there is another visit to Vietnam, may I go there to visit the relatives of Lam? Thank you.
Speaker Simina: Thank you, Floor Leader Harper for the request. The appropriate committee will take that up as a request for your wish to travel to Vietnam.
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Sept. 25, 2018 CONGRESSIONAL JOURNAL – DAY NINE – 5RS – 20CFSM
Chairman Figir: Mr. Speaker, I assure my good Floor Leader that he and I will visit Vietnam and do some follow ups. Thank you.
Chairman Urusemal: Mr. Speaker.
Speaker Simina: Chairman Urusemal.
Chairman Urusemal: I wish to associate myself with the request from my brother next to me here. I missed the last boat that went to Vietnam and end owing a lot of money because of it. If there is next boat going, I would like to be part of that if it will not be a conflict to my schedule. Secondly, in line with the questions raised by the good Floor Leader, today is first reading and tomorrow is second. May I ask our luxurious staff, very able staff to provide the answers to the question about how much is the government spending in travel as would hopefully pass on first reading, the bill appropriating the money, contractual services, and member fees, and all of these categories, especially to travel and membership fees, if they can itemize the categories that this Congress hopefully will pass on first reading for the entire government, including separation of amount for travel for Congress, Executive, Judiciary, and so on.
Speaker Simina: Thank you, Chairman Urusemal. I am sure that exercise will take much longer. The concern raised by Floor Leader Harper is for past several years. If you are talking about this fiscal year, maybe they can do it. The curiosity, if, from previous years to this year. Short recess.
Speaker Simina declared the Congress recessed at 1:26 p.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 1:29 p.m.
Speaker Simina: Congress comes back to session. We are still on discussion of C.B. No. 20-248. For the curiosity and concern raised by Floor Leader Harper and Chairman Urusemal will be provided by our staff on FY19 budget. Any further discussions?
Chairman Romolow: Mr. Speaker.
Speaker Simina: Chairman Romolow.
Chairman Romolow: Thank you, Mr. Speaker. Good afternoon to you and members. On page 17 on C.B. No. 20-248, I wish I could raise this during the meeting but I will ask if we could also accommodate the $25,000 to COFA, the CANN. I don’t disagree with it. I think we need to support them. But also, there is a group doing the same kind of work helping our citizens in Hawaii, the We are Oceania. We have not given them any since their establishment, and they are well recognized in Hawaii. They have established their offices and I wish we could also find where we could spare them with, at least, a small or any amount that we can afford to give. Thank you.
Speaker Simina: Thank you, Chairman Romolow. That is a legitimate concern. We will leave that to Chairman Figir and then if there is going to be some amendments, can we please wait them off to second and final reading, if there is agreement between Members on that one? Any further discussion? If none, debate is closed. Let’s vote by roll call of Members. Ten votes require for passage.
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Sept. 25, 2018 CONGRESSIONAL JOURNAL – DAY NINE – 5RS – 20CFSM
The Chief Clerk took the roll call by Members.
Senator Alik Excused Senator Aritos Aye Senator Figir Aye Senator Gouland Aye Floor Leader Harper Aye Senator Konman Aye Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Aye Senator Perman Aye Senator Romolow Aye Senator Urusemal Aye Senator Welly Aye Speaker Simina Aye
Chief Clerk: Mr. Speaker, all the thirteen Members voted for.
Speaker Simina: For that reason, the bill, C.B. No. 20-248 has been passed by Congress on First Reading. Next bill.
Chief Clerk: There are none, Mr. Speaker.
Speaker Simina: Next item.
RESOLUTION CALENDAR
Vice Speaker Moses: Mr. Speaker.
Speaker Simina: Vice Speaker Moses.
Vice Speaker Moses: I have consulted with the Chairman on Ways and Means and so I have a bill to withdraw and place.
Speaker Simina: If there is no objection, we will go back to Bill Calendar.
BILL CALENDAR
Speaker Simina: Vice Speaker Moses.
Vice Speaker Moses: Thank you, Mr. Speaker. I consulted with the Chairman on W&M. I move to withdraw and place C.B. No. 20-247 on the Calendar for action.
Chairman Panuelo: Second.
Speaker Simina: It has been moved and seconded that C.B. No. 20-247 be withdrawn and placed on the Calendar for action. The relevant rules are still suspended up to o this point. All those in favor of the motion to withdraw and place C.B. No. 20-247 say “aye” – opposed “nay”. The motion is carried. The bill, C.B. No. 20-247, is now withdrawn and placed on the Calendar for action. Chairman Figir.
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Sept. 25, 2018 CONGRESSIONAL JOURNAL – DAY NINE – 5RS – 20CFSM
C.B. No. 20-247 (1st Reading): To amend Public Law No. 20-125, by amending sections 4 and 6 thereof, by changing the use and allottee of certain funds previously appropriated therein to fund public projects and social programs for the people of the state of Pohnpei, and for other purposes.
Chairman Figir: I move that Congress pass Congress Bill No. 20-247 on First Reading.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that Congress pass on First Reading C.B. No. 20-247. Discussions?
Vice Speaker Moses: Mr. Speaker.
Speaker Simina: Vice Speaker Moses.
Vice Speaker Moses: Thank you, Mr. Speaker. The reason for this is, we passed it at the beginning of this session and it came back from the President’s Office. Since it was a bit rush during the first round, there were some event and some other things that I overlooked during that session. That is why I am asking for the amendment to the original bill, which was C. B. No. 20-125. Thank you
Speaker Simina: Thank you, Vice Speaker Moses for the explanation. You are not the only one very quick. Chairman Urusemal is even quicker. He got some amendments to this already. So, Chairman Urusemal.
Chairman Urusemal: Thank you, Mr. Speaker. As you correctly stated, the bill, C.B. No. 20-125, has passed and became public law and had some mistakes in them, because of the train moving so fast that they even misspelled some communities in the state of Yap. You know, some Yapese are very sensitive when it comes to mispronunciations or misspelling of names or names of islands or communities. With that, I have a proposed floor amendment that has been printed, duplicated, and distributed to all the Members. It is in your package. I move for its adoption.
Amendment to C. B. No. 20-247 Offered by Senator Joseph J. Urusemal
C.B. No. 20-247 is hereby amended to read as follows:
1. Title, line 1, delete “sections 4 and 6”, and insert sections 2, 4 and 6” in lieu thereof. 2. Title, line 4, delete “state of Pohnpei”, and insert “states of Yap and Pohnpei”, in lieu thereof. 3. Page 1, line 1, after “section 1”, insert the following: “Section 2 of Public Law No. 20-125 is hereby amended to read as follows: “Section 2, of the $7,000,000 appropriated under this act, $1,000,000 shall be apportioned for public projects and social programs for the people of Yap State. State of Yap...... 1,000,000 a. [Dukan] Dulkan Community Beach Part Phase II...... 30,000 b. Fais Airport and Terminal project...... 800,000 c. [Gachpas] Gashpar Village Water Extention Project………….. 55,000 d. Magchgil Village Seawall project……………………………… 55,000 e. Nel Village Piggery project…………………………………….. 13,000 f. Wanyan Village Road Improvement project…………………… 22,000
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Sept. 25, 2018 CONGRESSIONAL JOURNAL – DAY NINE – 5RS – 20CFSM g. [Wolea] Woleai Community Flatbed Truck...... 15,000 h. Daboch Village Secondary raod/filling-materials...... 10,000”
4. Page 5, delete “section 2”, and insert “Section 3” in lieu thereof. 5. Page 6, line 3, delete “subsections”, and insert “subjection” in lieu thereof. 6. Page 6, line 18, delete “Section 3”, and insert “section 4”.
Date: Sept. 25, 2018 Introduced by: /s/ Joseph J. Urusemal Joseph J. Urusemal
Purpose of these amendments: To modify the use of funds under this act for Yap State.
Chairman Gouland: Second.
Speaker Simina: It has been moved and seconded that the offered amendment to C.B. No. 20-247 by Chairman Urusemal be adopted. Because of its length, we will dispense with its reading. Discussion?
Chairman Urusemal: Mr. Speaker, I take it that the relevant rules are still suspended.
Speaker Simina: There are no rules.
Chairman Urusemal: With that, again, I wish to point out that someone is trying to reduce the Yap share of the public project appropriation from $1 million to $100,000. Therefore, I move that the proposed amendments be amended by this oral amendment: Page 1, item 3, after “state of Yap”, instead of 100,000, it should be 1,000,000.
Speaker Simina: Thank you. We will treat that as technical.
Chairman Welly: Short recess.
Speaker Simina declared the Congress recessed at 1:38 p.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 1:40 p.m.
Speaker Simina: Congress comes back to session. The amendment will be treated technical. Staff, take note of that. Any further discussions on the floor amendment? If none, debate is closed. Let’s vote. All those in favor of the adoption of the floor amendment offered by Chairman Urusemal say “aye” – opposed “nay”. The motion is carried. The floor amendment by Chairman Urusemal is adopted. We, now, have C.B. No. 20-247, CD1. Any further discussions on C.B. No. 20-247, CD1? If none, debate is closed. Let’s vote by roll call of Members on First Reading.
The Chief Clerk took the roll call by Members.
Senator Alik Excused Senator Aritos Aye Senator Figir Aye Senator Gouland Aye Floor Leader Harper Aye
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Senator Konman Aye Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Aye Senator Perman Aye Senator Romolow Aye Senator Urusemal Aye Senator Welly Aye Speaker Simina Aye
Chief Clerk: Mr. Speaker, all the thirteen Members voted for.
Speaker Simina: For that reason, C.B. No. 20-247, CD1 has been passed by Congress on First Reading. Next bill.
Chairman Perman: Mr. Speaker.
Speaker Simina: Chairman Perman.
Chairman Perman: I make a motion that we stand in recess until tomorrow at 10:00 o’clock, in the morning.
Chairman Urusemal: Second.
Speaker Simina: It has been moved and seconded that Congress stand in recess until tomorrow at 10:00 a.m. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. Congress, now, stands in recess until tomorrow at 10:00 a.m., in the morning.
Speaker Simina declared that the Congress stand in recess at 1:42 p.m., Tuesday, September 25, 2018, until tomorrow, Wednesday, September 26, 2018, at 10:00 a.m.
Respectfully submitted,
Liwiana Ramon Ioanis Chief Clerk
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CONGRESSIONAL JOURNAL TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIFTH REGULAR SESSION
DAY TEN Wednesday, September 26, 2018
The Tenth Day of the Fifth Regular Session of the Twentieth Congress of the Federated States of Micronesia was called to order at 10:52 a.m., Wednesday, September 26, 2018.
Acting Speaker Esmond B. Moses presided.
A moment of silent prayer was observed.
The Chief Clerk called the roll. Ten Members were present; Senator Alik, Senator Figir, Floor Leader Harper, and Speaker Simina were excused.
Senator Joseph J. Urusemal was designated to be the Acting Floor Leader.
Acting Floor Leader Urusemal moved to dispense with the reading of the Journal; Senator Konman seconded, and the motion carried by voice vote.
PRESIDENTIAL COMMUNICATIONS
None
FSM SUPREME COURT COMMUNICATIONS
None
MEMBER COMMUNICATIONS
None
DEPARTMENTAL COMMUNICATIONS
None
AGENCY OR GOVERNMENTAL AUTHORITY COMMUNICATIONS
None
STATE COMMUNICATIONS
None
STATE SUPREME COURT COMMUNICATIONS
None
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Sept. 26, 2018 CONGRESSIONAL JOURNAL – DAY TEN – 5RS – 20CFSM
MUNICIPAL OR TOWN COMMUNICATIONS
None
FOREIGN GOVERNMENT COMMUNICATIONS
None
ORDER OF THE DAY
STANDING COMMITTEE REPORTS
The Chief Clerk called attention to Awaiting List No 20-42.
TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIFTH REGULAR SESSION SEPTEMBER 17, 2018 TO OCTOBER 06, 2018
R E P O R T S A W A I T I N G R E Q U I R E M E N T S
NO. 20-42, 10TH DAY, WEDNESDAY, SEPT. 26, 2018, AT 10:00 A.M. REPORTS SUBJECT DATE AND TIME 20-85 RE: C.R. No. 20-87, – Submitted by: R&D Committee. 9/26/18 @ 10:00 a.m. 20-86 RE: C.B. No. 20-118, – Submitted by: Ways and Means 9/26/18 @ Committee. 10:00 a.m. 20-87 RE: C.B. No. 20-127 – Submitted by: Ways and Means 9/26/18 @ Committee. 10:00 a.m. 20-88 RE: C.B. No. 20-130 – Submitted by: Ways and Means 9/26/18 @ Committee. 10:00 a.m.
Acting Speaker Moses: Short recess.
Acting Speaker Moses declared the Congress recessed at 10:56 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 10:56 a.m.
Acting Speaker Moses: Congress comes back to session.
Chairman Panuelo: Mr. Acting Speaker.
Acting Speaker Moses: Chairman Panuelo.
Chairman Panuelo: Thank you, Mr. Acting Speaker. Your Committee on R&D wishes to make a motion to withdraw Standing Committee Report No. 20-85 to be put on the Standing Committee Reports Calendar for action. I so move.
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Chairman Urusemal: Short recess, Mr. Acting Speaker.
Acting Speaker Moses declared the Congress recessed at 10:57 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 10:58 a.m.
Acting Speaker Moses: Congress comes back to session. Chairman Panuelo, you still have the floor.
Chairman Panuelo: Mr. Acting Speaker, based on what transcribed during recess, I make a motion to withdrawn the earlier motion in placing SCR No. 20-85.
Chairman Perman: Second.
Acting Speaker Moses: It has been moved and seconded that the previous motion be withdrawn. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. The motion has now been withdrawn. Anymore reports to withdraw? If none, next item.
SPECIAL COMMITTEE REPORTS
None
Acting Speaker Moses: Short recess.
Acting Speaker Moses declared the Congress recessed at 11:00 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:00 a.m.
Acting Speaker Moses: Congress comes back to session. Next item.
Chairman Gouland: Short recess Mr. Acting Speaker.
Acting Speaker Moses declared the Congress recessed at 11:00 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:01 a.m.
Acting Speaker Moses: Congress comes back to session. Next item.
ASSIGNMENT OF MEASURES AND COMMUNICATIONS
The Chief Clerk called attention to Referral Sheet No. 20-85.
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Sept. 26, 2018 CONGRESSIONAL JOURNAL – DAY TEN – 5RS – 20CFSM
TWENTIETH CONGRESS OF THE FEDERATES STATES OF MICRONESIA FIFTH REGULAR SESSION, 20TH CFSM September 17, 2018 TO October 06, 2018 COMMITTEE REFERRAL
REFERRAL SHEET NO. 20-85, DAY 10, Wednesday, 09/26/18 AT 10:00 A.M.
C.B. NO. SUBJECT COMMITTEE 20-247 To amend public law no. 20-125, by amending sections 4 W&M and 6 thereof, by changing the use and allottee of certain funds previously appropriated therein to fund public projects and social programs for the people of the state of Pohnpei, and for other purposes. 20-248 To appropriate $64,819,927 from the General Fund of the W&M Federated States of Micronesia for the fiscal year ending September 30, 2018, to providing funding for the operations of all the branches of the National Government, its agencies, various programs, grants, subsidies, and contributions and Capital and Human Resources Development, and for other purposes. 20-249 To appropriate the sum of $11,750,000 from the General W&M Fund of the Federate States of Micronesia for the fiscal year ending September 30, 2018. For the purpose of funding priority infrastructure projects and other projects and programs in the state of Kosrae, Pohnpei and Chuuk, and for other purposes. 20-250 Directing the President of the Federated States of J&GO Micronesia, or his designee, that in accordance with section 2 of Article XIV of the Constitution of the Federates States of Micronesia that at least every ten years the question: “Shall there be a convention to revise or amend the Constitution?” be submitted to the people in the general election, such question shall be submitted to the people in the general election to be held on March 5, 2019, as was submitted in 2001, and for other purposes. C.R. No. SUBJECT COMMITTEE 20-135 Setting the ceiling of the total funds estimated to be NONE available for appropriation from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018. 20-136 Approving and accepting a grant in the amount of H&SA $1,437,107 from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, including all the terms and conditions of the assistance. 20-137 Approving and accepting a grant in the amount of $666,397 H&SA from the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, to provide funding to the Federated States of Micronesia, Department of Health and Social Affairs for
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Sept. 26, 2018 CONGRESSIONAL JOURNAL – DAY TEN – 5RS – 20CFSM
prevention and treatment services related to substance abuse for the budget period from October 01, 2018, to September 30, 2019, including all the terms and conditions of the assistance. PRESIDENTIAL SUBJECT COMMITTEE COMM. NO 20-325 (Dated 09/22/18 & received 09/24/18)- Designating INFO. Congressional Act No. 20-119, as Public Law No. 20-123: “To further amend Public Law No. 19-121, as amended by Public Laws Nos. 19-130, 19-142, 20-09, 20-22, 20-51, 20- 59 and 20-70, by amending section 6 thereof, to change the lapse date of funds previously appropriated therein, for the purpose of funding public projects and social programs for the people of states of Yap, Kosrae, Pohnpei and Chuuk, and for other purposes.” 20-326 (Dated 09/22/18 & received 09/24/18)- Designating INFO. Congressional Act No. 20-121, as Public Law No. 20-124.: “To amend Public Law No. 20-92, by amending section 6 thereof, for the purpose of changing the allottee of funds previously appropriated therein, to fund public projects and social programs for the people of Yap State, and for other purposes. 20-327 (Date 09/22/18 & received 09/24/18)- Designating IFNO. Congressional Act No. 20-129, as Public Law No. 20-125: “To appropriate the sum of $7,000,000 from the General Fund of the Federated States of Microensia for the fiscal year ending September 30, 2018, for the purpose of funding public projects and social programs for the people of Yap, Kosrae, Pohnpei and Chuuk States, and for other purposes. 20-328 (Dated 09/22/18 & received 09/24/18)- Designating INFO. Congressional Act No. 20-125, as Public Law No. 20-126: To futher amend Public Law No. 17-59, as amended by Public Law Nos. 17-63, 17-66, 17-70, 17-77, 17-86, 18-21, 18-29, 18-64, 18-83, 19-18 and 19-133, by amending section 6 thereof, for the purpose of changing the lapse date of certain funds previously appropriated therein, for other purposes.” 20-329 (Dated 09/22/18 & received 09/24/18)- Designating INFO. Congressional Act No. 20-123, as Public Law No. 20-127: “To further amend Public Law No. 19-54, as amended by Public Laws Nos. 19-62, 19-75, 19-79, 19-99, 19-119, and 20-04, by amending the lapse date of funds previously appropriated therein, and for other purposes. 20-330 (Dated 09/22/18 & received 09/24/18)- Designating INFO. Congressional Act No. 20-124, as Public Law No. 20-128: “To further amend Public Law No. 19-60, as amended by Public Law Nos. 19-71, 19-80, 19-103, 19-148, 19-165, and 20-03, by amending section 6 thereof, to change the lapse date of certain funds previously appropriated therein to
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Sept. 26, 2018 CONGRESSIONAL JOURNAL – DAY TEN – 5RS – 20CFSM
fund essential government functions, programs, projects and activities in each of the states, and for other purposes.”
Acting Speaker Moses: Chairmen and members, take note. Next item.
UNFINISHED BUSINESS
None
BILL CALENDAR
C.B. No. 20-248 (2nd Reading): To appropriate $64,819,927 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2019, to provide funding for the operations of all branches of the National Government of the Federated States of Micronesia, its agencies, various programs, grants, subsidies and contributions and Capital and Human Resources Development, and for other purposes.
Acting Speaker Moses: Chairman Gouland.
Chairman Gouland: Thank you, Mr. Acting Speaker. I move to offer an oral amendment to the said bill, C. B. No. 20-248.
Chairman Urusemal: Can we go to the motion to pass the bill, C. B. No. 20-248, first?
Acting Speaker Moses: Yes. We haven’t made the motion to pass. Chairman Figir.
Chairman Figir: I move for the passage of the bill, C. B. No. 20-248, on Second and Final Reading.
Chairman Perman: Second.
Acting Speaker Moses: It has been moved and seconded that Congress pass C.B. No. 20-248. Discussions?
Chairman Gouland: Mr. Acting Speaker.
Acting Speaker Moses: Chairman Gouland.
Chairman Gouland: If I may not be out of order, I move to offer a floor amendment to the bill, C.B. No. 20-248. On page 21, line 8, delete –
Chairman Figir: Short recess.
Acting Speaker Moses declared the Congress recessed at 11:04 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:04 a.m.
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Sept. 26, 2018 CONGRESSIONAL JOURNAL – DAY TEN – 5RS – 20CFSM
Acting Speaker Moses: Congress comes back to session. Chairman Gouland, please restate your amendment.
Chairman Gouland: Thank you very much, Mr. Acting Speaker. On page 21, line 8, delete “$230,000”, and insert “$200,000” in lieu thereof. On the same page, following line 16, insert a new paragraph to read “item 6. Chuuk Hospital Clinical Nurse transportation needs $30,000”. I so move, Mr. Acting Speaker.
Senator Konman: Second.
Acting Speaker Moses: It has been moved and seconded that the offered floor amendment by Chairman Gouland be adopted. Discussions?
Chairman Welly: Short recess, please.
Acting Speaker Moses declared the Congress recessed at 11:06 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:11 a.m.
Acting Speaker Moses: Congress comes back to session. Chairman Gouland.
Chairman Gouland: Thank you very much, Mr. Acting Speaker. I move to withdraw my motion for the amendment.
Chairman Panuelo: Second.
Acting Speaker Moses: It has been moved and seconded that the motion offered by Chairman Gouland earlier be withdrawn. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. We are still on discussions of C.B. No. 20-248.
Chairman Romolow: Mr. Acting Speaker.
Acting Speaker Moses: Chairman Romolow.
Chairman Romolow: Thank you, Mr. Speaker. I wish to offer a floor amendment and also an oral amendment to the bill, C. B. No. 20-48.
Acting Speaker Moses: Short recess.
Acting Speaker Moses declared the Congress recessed at 11:12 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:14 a.m.
Acting Speaker Moses: Congress comes back to session. Chairman Romolow.
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Sept. 26, 2018 CONGRESSIONAL JOURNAL – DAY TEN – 5RS – 20CFSM
Chairman Romolow: Thank you, Mr. Acting Speaker and Members. I wish to offer a floor amendment: on page 2, line 20, delete the amount “2,802,788”, and insert “2,817,788” in lieu thereof. The purpose of this amendment is to increase by 150,000 to the amount appropriated for contractual services for the FSM Consulate Office in Hawaii to be used to fund activities of the “We are Oceania” group in Hawaii.
Senator Konman: Second.
Chairman Gouland: Mr. Acting Speaker.
Acting Speaker Moses: Chairman Gouland.
Chairman Gouland: Thank you, Mr. Acting Speaker. I understand the rules of procedure of this Congress that the jurisdiction within the standing committee should be the one entertaining any motion on any action. And yet, Mr. Acting Speaker, you heard that the Chairman of External Affairs already said that he doesn’t agree with the change and yet you are allowing this.
Acting Speaker Moses: It is not my decision and the motion has been made and seconded.
Chairman Welly: Short recess.
Acting Speaker Moses declared the Congress recessed at 11:16 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:16 a.m.
Acting Speaker Moses: Congress comes back to session. We are on discussion of the said amendment.
Chairman Gouland: Mr. Acting Speaker.
Acting Speaker Moses: Yes.
Chairman Gouland: I move that we raise hand of the vote instead of voice vote.
Acting Speaker Moses: Short recess.
Acting Speaker Moses declared the Congress recessed at 11:16 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:17 a.m.
Acting Speaker Moses: Congress comes back to session. We will vote. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. It seems that we have an overwhelming number of “Nays”. So, I call for a division.
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Sept. 26, 2018 CONGRESSIONAL JOURNAL – DAY TEN – 5RS – 20CFSM
Chairman Urusemal: Short recess.
Acting Speaker Moses declared the Congress recessed at 11:17 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:19 a.m.
Acting Speaker Moses: Congress comes back to session. We will vote by division. All those in favor of the motion, please raise your hand – opposed, please raise your hand. Three members voted in favor. Short recess.
Acting Speaker Moses declared the Congress recessed at 11:20 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:20 a.m.
Acting Speaker Moses: Congress comes back to session. The amendment was not adopted. We are still on discussions.
Chairman Perman: Question.
Senator Neth: Second.
Acting Speaker Moses: Question has been called for. If no objection, we will vote by states. Chief Clerk, call the roll.
The Chief Clerk took the roll call by States.
State of Chuuk: Chairman Aritos Aye State of Pohnpei: Chairman Panuelo Aye State of Kosrae: Chairman Welly Aye State of Yap: Chairman Urusemal
Chairman Urusemal: This is dealing with big money so I yield the floor to the Chairman of money, Chairman on Ways and Means.
State of Yap: Chairman Figir Aye
Chief Clerk: Mr. Acting Speaker, all the four States voted for.
Acting Speaker Moses: With that, Congress has passed C.B. No. 20-248 on Second and Final Reading. Next bill.
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Sept. 26, 2018 CONGRESSIONAL JOURNAL – DAY TEN – 5RS – 20CFSM
C.B. No. 20-247, CD1 (2nd Reading): To amend Public Law No. 20-125, by amending sections 2, 4 and 6 thereof, by changing the use and allottee of certain funds previously appropriated therein to fund public projects and social programs for the people of the states of Yap and Pohnpei, and for other purposes.
Acting Speaker Moses: Chairman Figir.
Chairman Figir: I move for the passage of the bill, C. B. No. 20-247, CD1.
Chairman Perman: Second.
Acting Speaker Moses: It has been moved and seconded that Congress pass C.B. No. 20-247, CD1 on Second and Final Reading. Discussions?
Chairman Perman: Mr. Acting Speaker.
Acting Speaker Moses: Chairman Perman.
Chairman Perman: Good morning to you, Members, and to those who are observing our session this morning. Mr. Acting Speaker, I have an oral amendment to offer on the said bill, C. B. No. 20-247, CD1.
Acting Speaker Moses: Go ahead.
Chairman Perman: Thank you, Mr. Acting Speaker. This is by yours truly. On page 4, lines 22 and 23, delete “120,000” to “75,000”; page 5, add (q) Liwi Bridge pavement 45,000”. I so move.
Senator Neth: Second.
Acting Speaker Moses: It has been moved and seconded that the offered amendment by Senator Perman be adopted. Discussions?
Chairman Figir: Question.
Acting Speaker Moses: Question has been called for. If no objection, we will vote. Short recess.
Acting Speaker Moses declared the Congress recessed at 11:24 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:24 a.m.
Acting Speaker Moses: Congress comes back to session. Acting Floor Leader.
Acting Floor Leader Urusemal: Thank you, Mr. Acting Speaker. I know that you said something about the rules to be suspended.
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Acting Speaker Moses: Do we have any rules to suspend?
Acting Floor Leader Urusemal: Yes, especially the one prohibiting amendment on second reading.
Acting Speaker Moses: Is that a motion?
Acting Floor Leader Urusemal: I so move.
Senator Konman: Second.
Acting Speaker Moses: It has been moved and seconded that the rules that may impede our action, especially the rules prohibiting amendment to bills on final reading be suspended. If no objection, we will vote. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. The rules are suspended. The motion now is to adopt the offered oral amendment offered by Senator Perman to the said bill, C. B. No. 20-247, CD1. Discussions? If none, we will vote. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. We now have C.B. No. 20-247, CD2.
Chairman Urusemal: Short recess.
Acting Speaker Moses declared the Congress recessed at 11:26 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:27 a.m.
Acting Speaker Moses: Congress comes back to session. We are still on discussion of C.B. No. 247, CD2. Chairman Urusemal.
Chairman Urusemal: Thank you, Mr. Acting Speaker. On behalf of Floor Leader Harper, I see that he has a proposed amendment, rather lengthy but has been printed, duplicated, and distributed to all the Members. I move that the reading of the amendment be suspended and that it be adopted. I so move.
Floor Amendment to C. B. No. 20-247, CD2 Offered by Senator Urusemal on behalf of Floor Leader Harper
C.B. No. 20-247 is hereby amended to read as follows:
1. Title, line 1, delete “sections 4 and 6”, and insert “Section 2, 4, 5, and 6” in lieu thereof. 2. Title, line 4, delete “state of Pohnpei”, and insert “states of Yap, Pohnpei, and Chuuk” in lieu thereof. 3. Page 5, line 3, after “Section 2”, insert the following: “Section 5 of Public Law No. 20-125 is hereby amended to reas as follows: “Section 5. Of the $7,000,000 appropriated under this act $3,000,000 shall be apportioned for public projects and social programs for the people of Chuuk State...... $ 3,000,000 1.. At-Large...... 500,000 a. Allottee’s administrative support cost...... 30,000 b. Housing renovation/improvement...... 110,000 c. Fishing Project...... 110,000 d. Land Transportation...... 45,000
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Sept. 26, 2018 CONGRESSIONAL JOURNAL – DAY TEN – 5RS – 20CFSM e. Contributions to State, Municipal and Community events activities and programs...... 50,000 f. Women’s Home Economic Project...... 15,000 g. Youth’s musical equipment and other needs...... 20,000 h. Municipal Offices construction...... 30,000 i. Contributions to Municipal/Traditional Leaders...... 10,000 j. Moch Municipal lighting system...... 18,000 k. Leaders/Patients/student travel and community outreach and advocacy programs...... 42,000 l. Non-governmental organizations, foundations and association... 20,000”
2. Election District No. 1...... 500,000 a. Housing renovation, improvement and completion.... 130,000 b. Multipurpose community facilities...... 30,000 c. Mortlock Island Development Authority (MIDA Vessels’ operation... 25,000 d. Municipal, Community and Traditional events, activities, and programs...25,000 e. Feight and Labor costs for MIDA’s projects...... 20,000 f. Internet equipment...... 70,000 g. MIDA’s office extension supplemental...... 20,000 h. TA Airport Terminal Supplemental………………………… 30,000 i. Leaders and Community members travel needs……………… 20,000 j. Fishing Project……………………………………………….. 20,000 k. Sport facilities and solar lightings...... 5,000 l. [Contribution to Municipal Governments] Grant Writing Training [55,000] 12,000 m. Contribution to Representatives/Senate Chuuk State Legislature... 40,000 n. MIDA’s current and prior obligations...... 43,000”
3. Election District No. 2...... 500,000 a. Housing and Community buildings renovation/rehabilitation. 150,000 b. Contributions to Representatives/Senate Chuuk State Legislature.. 35,000 c. Office of the Governor’s subsidy...... 20,000 d. Municipal Government’s subsidy...... 40,000 e. Allottee’s administrative support cost...... 20,000 f. Repatriation of human remains...... 20,000 g. Students’ financial assistance...... 20,000 h. Land Transportation...... 15,000 i. Youth Events, activities, and programs...... 20,000 j. Road maintenance/heavy equipment purchase...... 80,000 k. Food security...... 50,000 l. Piis Paneu Municipal Inauguration...... 5,000 m. Fishing Project...... 30,000 n. Travel needs/community outreach and advocacy programs..... 40,000
4. Election District No. 3...... 500,000 a. Housing renovation/multipurpose building...... 120,000 b. students’ financial assistance...... 20,000 c. Southern Namoneas Off-Island Associations’ contributions..... 20,000 d. Business start-up/Entrepreneurship...... 15,000 e. Water project...... 15,000
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Sept. 26, 2018 CONGRESSIONAL JOURNAL – DAY TEN – 5RS – 20CFSM f. Sewing Project...... 20,000 g. Southern Namoneas Goodwill Games...... 25,000 h. Land Transportation...... 30,000 i. Southern Namoneas Development Authority (SNDA) Administrative support cost (current and prior obligations)...... 20,000 j. Fishing projects...... 100,000 k. POL/Charter/Freight...... 10,000 l. Outreach/Medical Referrals...... 50,000 m. Humanitarian assistance...... 20,000 n. Current and prior obligations...... 20,000 o. Tonoas Municipal Office Inauguration………………………… 5,000 p. St. Cecilia subsidy………………………………………………. 5,000 q. Berea Christian School subsidy...... 5,000”
5. Election District No. 4...... 500,000 a. Fishing projects...... 50,000 b. Community Outreach and Advocacy Programs ...... 50,000 c. Students’ financial assistance ...... 20,000 d. FDA administrative support ...... 30,000 e. Current and prior obligation ...... 50,000 f. Land transportation ...... 40,000 g. Low income housing repair/renovation...... 40,000 h. Youth activities, events and programs ...... 30,000 i. Food Security ...... 50,000 j. Medical referral and repatriation of human remains ...... 25,000 k. Contributions to Municipal governments ...... 100,000 l. Coconut Tree replantation projects ...... 15,000”
5. Election District No. 4...... 500,000 a. Northwest vessels purchase ...... 80,000 b. Municipal and Community events/activities/programs ...... 40,000 c. Solar Street lights ...... 40,000 d. Solar Freezers ...... 40,000 e. Students’ financial assistance ...... 40,000 f. Patients/Leaders/Students/Citizens- Travel/COAP ...... 30,000 g. Margie Winder’s participation at the World Olympic ...... 10,000 h. Ruo Municipal Social Security outstanding ...... 10,000 i. Land transportation ...... 10,000 j. Contribution to Northwest Legislature Delegation State Legislature ...... 25,000 k. Food Security/Relief program ...... 20,000 l. POL/Charter/Freight ...... 30,000 m. Multipurpose/Community hall renovation/rehabilitation ...... 20,000 n. Allottee’s administrative support cost ...... 10,000 o. Northwest Leadership Summit ...... 15,000 p. ED#5 Health aid project ...... 10,000 q. ED#5 Administrative support/Grant proposal cost ...... 25,000 r. Low income housing renovation/rehabilitation ...... 30,000 s. Northwest citizen development training (Current/Prior Obligation) ...... 5,000
4. Page 5, delete “section 2” and insert “Section 3” in lieu thereof.
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Sept. 26, 2018 CONGRESSIONAL JOURNAL – DAY TEN – 5RS – 20CFSM
Page 6, line 18, delete “section 3” and insert “section 4”.
Date: Sept. 26, 2018 Introduced by: /s/ Florencio S. Harper Florencio S. Harper
Purpose of these amendments: To modify the use and of funds under this act for Chuuk State.
Chairman Perman: Second.
Acting Speaker Moses: It has been moved and seconded that the offered floor amendment by Floor Leader harper be adopted; and that the reading of the amendment be suspended due to its length. Discussions?
Chairman Perman: Question.
Acting Speaker Moses: Question has been called for. If no objection, we will vote. All those in favor of the adoption of the amendment to C. B. No. 20-247, CD2 say “aye” – opposed “nay”. The motion is carried. The amendment has been adopted. We now have C.B. No. 20-247, CD3.
Chairman Urusemal: I just want to note again that the relevant rules are still suspended.
Chairman Gouland: Mr. Acting Speaker.
Acting Speaker Moses: Chairman Gouland.
Chairman Gouland: Mr. Acting Speaker, if I may not be out of order, I move to withdraw C.B. No. 20-250.
Acting Speaker Moses: We are still on the motion for C. B. No. 20-247, CD3.
Senator Neth: Mr. Acting Speaker, I have a short amendment that has been distributed. It is basically to change the use of funds under Election District No. 2, Pohnpei State. I so move.
Chairman Perman: Second.
Acting Speaker Moses: It has been moved and seconded that the offered amendment by Senator Neth be adopted. Short recess.
Acting Speaker Moses declared the Congress recessed at 11:30 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:31 a.m.
Acting Speaker Moses: Congress comes back to session. We are on discussion of the offered floor amendment by Senator Neth to C. B. No. 20-247, CD3.
Chairman Perman: Question.
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Sept. 26, 2018 CONGRESSIONAL JOURNAL – DAY TEN – 5RS – 20CFSM
Senator Neth: Second.
Acting Speaker Moses: If no objection, we will vote on the amendment. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. The amendment offered by Senator Neth to C.B. No. 20-247, CD3 is adopted. We now have C.B. No. 20-247, CD4. Anymore discussions?
Chairman Perman: Question.
Acting Speaker Moses: If no objection, we will vote by roll call of delegations.
The Chief Clerk took the roll call by States.
State of Chuuk: Chairman Aritos Aye State of Pohnpei: Chairman Panuelo Aye State of Kosrae: Chairman Welly Aye State of Yap: Chairman Urusemal Aye
Chief Clerk: Mr. Acting Speaker, all the four States voted for.
Acting Speaker Moses: With that, Congress has now passed C.B. No. 20-247, CD4 on Second and Final Reading. Next bill.
Chief Clerk: There are none.
Chairman Urusemal: Mr. Acting Speaker.
Acting Speaker Moses: Chairman Urusemal.
Chairman Urusemal: Mr. Acting Speaker, I move to withdraw and place C.B. No. 20-177 on the Calendar for action.
Chairman Perman: Second.
Acting Speaker Moses: It has been moved and seconded that C.B. No. 20-177 be withdraw and place on the Calendar for action.
Chairman Urusemal: I also move that the relevant rules that may impede our action on this bill, C.B. No. 20-177, be suspended.
Chairman Perman: Short recess.
Acting Speaker Moses declared the Congress recessed at 11:33 a.m., subject to the call of the Chair.
Senator Figir and Senator Konman left that Chamber at 11:33 a.m.
RECESS
The Congress reconvened at 11:37 a.m.
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Sept. 26, 2018 CONGRESSIONAL JOURNAL – DAY TEN – 5RS – 20CFSM
Acting Speaker Moses: Congress comes back to session. Chairman Urusemal.
Chairman Urusemal: Thank you, Mr. Acting Speaker. Due to the lack of presence of ten Members in the Chamber, I move to withdraw my motion.
Chairman Gouland: Second.
Acting Speaker Moses: It has been moved and seconded that the motion by Chairman Urusemal be withdrawn. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. The motion has now been withdrawn.
Chairman Gouland: Mr. Speaker.
Acting Speaker Moses: Chairman Gouland.
Chairman Gouland: I move to withdraw and place C. B. No. 20-250.
Acting Speaker Moses: Short recess.
Acting Speaker Moses declared the Congress recessed at 11:38 a.m., subject to the call of the Chair.
RECESS
Senator Konman returned to the Chamber at 11:38
The Congress reconvened at 11:39 a.m.
Acting Speaker Moses: Congress comes back to session. Chairman Gouland, you still have the floor.
Chairman Gouland: Mr. Acting Speaker, I move to withdraw and place C.B. No. 20-250 on the Calendar for action.
Senator Konman: Second.
Acting Speaker Moses: It has been moved and seconded that C.B. No. 20-250 be withdrawn and placed on the Calendar for action. Acting Floor Leader, do we have any rules to suspend?
Chairman Urusemal: I so move that the relevant rules, especially the one stating that reports be attached to bills and other be suspended.
Chairman Gouland: Second.
Acting Speaker Moses: It has been moved and seconded that the relevant rules that may impede our action on the withdrawal and placement of the bill be suspended. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. The rules are suspended. We are now on C.B. No. 20-250.
Chairman Urusemal: Mr. Acting Speaker.
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Sept. 26, 2018 CONGRESSIONAL JOURNAL – DAY TEN – 5RS – 20CFSM
Acting Speaker Moses: Chairman Urusemal.
Chairman Urusemal: If I may, may I also withdraw C.B. No. 20-177 and place it on the Bill Calendar?
Chairman Perman: Second.
Acting Speaker Moses: It has been moved and seconded that C. B. No. 20-177 be withdrawn and placed on the Calendar. It should be noted that the rules are still suspended. Discussions? If none, we will vote on the withdrawal of C. B. No. 20-177. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. The bill, C.B. No. 20-177, has been placed on today’s Calendar. First bill.
C.B. No. 20-250 (1st Reading): Directing the President of the Federated States of Micronesia, or his designee, that in accordance with section 2 of Article XIV of the Constitution of the Federated States of Micronesia that at least every ten years the question: “Shall there be a convention to revise or amend the Constitution?” be submitted to the people in the general election to be held on March 05, 2019,” as was submitted in 2001, and for other purposes.
Acting Speaker Moses: Chairman Gouland.
Chairman Gouland: Short recess.
Acting Speaker Moses declared the Congress recessed at 11:42 a.m., subject to the call of the Chair.
RECESS
Senator Romolow left the Chamber at 11:42 a.m.
The Congress reconvened at 11:42 a.m.
Acting Speaker Moses: Congress comes back to session. Chairman Gouland.
Chairman Gouland: I move to defer action on C.B. No. 20-250 and 177 to tomorrow’s Calendar.
Chairman Perman: Second.
Acting Speaker Moses: It has been moved and seconded that C.B. No. 20-250 and C.B. No. 20-177 be deferred to tomorrow’s Calendar. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. The said bills are now deferred to tomorrow’s Calendar.
Chairman Perman: Short recess.
Acting Speaker Moses declared the Congress recessed at 11:43 a.m., subject to the call of the Chair.
RECESS
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Sept. 26, 2018 CONGRESSIONAL JOURNAL – DAY TEN – 5RS – 20CFSM
The Congress reconvened at 11:44 a.m.
Acting Speaker Moses: Congress comes back to session.
Chairman Gouland: Mr. Acting Speaker.
Acting Speaker Moses: Chairman Gouland.
Chairman Gouland: Thank you, Mr. Acting Speaker.I move that we stand in recess until tomorrow.
Chairman Urusemal: Second.
Acting Speaker Moses: It has been moved and seconded that Congress stand in recess until tomorrow at 10:00 a.m. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. Congress, now, stands in recess until tomorrow at 10:00 a.m., in the morning.
Acting Speaker Moses declared that the Congress stand in recess at 11:44 a.m., Wednesday, September 26, 2018, until tomorrow, Thursday, September 27, 2018, at 10:00 a.m.
Respectfully submitted,
Liwiana Ramon Ioanis Chief Clerk
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CONGRESSIONAL JOURNAL TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIFTH REGULAR SESSION
DAY ELEVEN Thursday, September 27, 2018
The Eleventh Day of the Fifth Regular Session of the Twentieth Congress of the Federated States of Micronesia was called to order at 10:37 a.m., Thursday, September 27, 2018.
Speaker Wesley W. Simina presided.
A moment of silent prayer was observed.
The Chief Clerk called the roll. Thirteen Members were present; Senator Alik was excused.
Floor Leader Harper moved to dispense with the reading of the Journal; Senator Urusemal seconded, and the motion carried by voice vote.
PRESIDENTIAL COMMUNICATIONS
-No. 20-331 - (Dated 09/25/18 and received 09/26/18) – Transmitting for action a proposed resolution approving a grant assistance made available by the U.S. Department of Health and Human Services, Public Health Service in the amount of $240,000 to fund and support the FSM Family Planning Program and its related activities managed by the FSM Department of Health and Social Affairs.
Speaker Simina: Chief Clerk, assign that Communication. Next item.
FSM SUPREME COURT COMMUNICATIONS
None
MEMBER COMMUNICATIONS
None
DEPARTMENTAL COMMUNICATIONS
-No. 20-73 - (Dated 09/25/18 and received 09/26/18) – From the Acting Secretary of the Department of Foreign Affairs, Mr. Samson E. Pretrick, further to Department Communication No. 20-70 another communication from the U.S. Embassy informing Congress that Mr. Modly’s visit has changed from September 26-27 to September 28-29; and extending an invitation to breakfast on Saturday, September 29, 2018 from 9 a.m.-10:00 a.m. at the U.S. residence in Nanpohnmal.
Speaker Simina: Assign that Communication, Chief Clerk. Next item.
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Sept. 27, 2018 CONGRESSIONAL JOURNAL – DAY ELEVEN – 5RS – 20CFSM
AGENCY OR GOVERNMENTAL AUTHORITY COMMUNICATIONS
None
Chairman Panuelo: Mr. Speaker, point of privilege.
Speaker Simina: State your point.
Chairman Panuelo: Thank you, Mr. Speaker. Good morning to you, Members, and to those who are observing this morning’s session. Mr. Speaker, on our behalf, kindly allow me to introduce few officials and citizens who are observing our session this morning. First, I would like to introduce Luke en Lenso Madolenihmw, Ricky Carl, Deputy Director Nature Conservancy. Let’s give him a round of applause (applause); also, Luke en Dolon Welik, Willy Koska, Executive Director Micronesian Conservation Trust (applause). We also have Mr. Douglas Kusto, MPA, Marine Protected Area Network Coordinator, under Conservancy Society of Pohnpei (applause). Last but not the least, Ms. Shirly Pelep, Adaptation Fund Program Manager under Micronesian Conservation Trust. Let’s also welcome her (applause). I hope I have not missed out anyone. If I have, other Members can introduce them. Thank you.
Speaker Simina: Thank you, Chairman Panuelo. Congress joins you in welcoming our two Lukes and those other fellows from the MCT.
Chairman Panuelo: Mr. Speaker, this person is also in the list, but it is my oversight. Also, we have our Executive Director of the Pohnpei Conservation Society Mr. Eugene Joseph. Let’s also welcome him (applause). Thank you.
Speaker Simina: Thank you, Chairman Panuelo for the introduction. Any other point of privilege?
Chairman Urusemal: Mr. Speaker.
Speaker Simina: Chairman Urusemal.
Chairman Urusemal: Thank you, Mr. Speaker. To following suit, I am not sure the individual has a title other than the Administrative Officer of the Yap Delegation Office, Mr. Santus Sarongonfel working with the Yap Delegation. He is here to assist the Delegation as well as the other Members and staff of this Congress, and to enjoy the breeze and beautiful scenery in Pohnpei, especially Nett Point. Can we please give him a round of applause? (Applause). Thank you.
Speaker Simina: Thank you, Chairman Urusemal. We join you in welcoming one of our staff.
Chairman Panuelo: Mr. Speaker, I keep thinking when Chairman Urusemal always mention Nett Point whether he is reminding us that the location needs to paved and this break down of project needs to include Nett Point. Thank you, Chairman Urusemal.
Speaker Simina: Yes, that is very intentional.
Chairman Urusemal: That is correct, Mr. Speaker especially in light of something to come.
Speaker Simina: Yes. Are there any other points of privilege? If none, Next item.
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Sept. 27, 2018 CONGRESSIONAL JOURNAL – DAY ELEVEN – 5RS – 20CFSM
STATE COMMUNICATIONS
None
STATE SUPREME COURT COMMUNICATIONS
None
MUNICIPAL OR TOWN COMMUNICATIONS
None
FOREIGN GOVERNMENT COMMUNICATIONS
None
ORDER OF THE DAY
STANDING COMMITTEE REPORTS
-SCR No. 20-85, RE: C.R. No. 20-87, “Approving and adopting the Protected Areas Network National Guiding Policy Framework for the National Government of the Federated States of Micronesia.” – R&D – (Recommends its adoption as amended/September 26, 2018).
Speaker Simina: Chairman Panuelo.
Chairman Panuelo: Mr. Speaker, thank you. Your Committee on R&D had an oversight hearing on this particular policy, Protected Areas Network National Guiding Policy, framework. It was a very productive hearing, which brought in the main actors from our respective offices, Department of R&D, our new Department of Environment, offices representing the National Government, Micronesian Conservation Trust, the Nature Conservancy Society of Pohnpei, and other offices who came and testified as witnesses about the importance of this item that is before Congress today. This is to adopt the policy that would help the nation coordinate its efforts and place coordinating committee or technical unit within the Department of R&D to assist coordinate our protected areas around our nation. The aim is to make sure that we reach, at least 30% of terrestrial areas and 20% near shore. I am not sure I am saying it right. It could be the opposite. I think we are closed to reaching the commitment under the convention on biological diversity as one of our obligations as a nation, and other related conventions. The report, SCR No. 20-85, is thorough. I just want to cite the highlights here. It is long overdue that the nation adopts this policy to make the process more transparent, more coordinated and focused. You know that MCT (Micronesian Conservation Trust), we have endowment fund that we are trying to reach and that is a target of $29 million. Your Committee members learned a lot more than we knew before we had the hearing. We raised quite an amount of money. I am sorry I don’t have the figure. I wrote it down, but I don’t remember. It is in the millions, but we have not reached the target. Palau and other members of MCT are doing the same thing raising funds to reach that amount. I clarified with the witnesses that the $29 million we are raising is doing to circulate within the FSM. There is a percentage with which we can utilize while allowing the money to grow. So that is part of it. Other environmental NGOs are presented what we are doing in our respective states and some projects that are very important with having our citizens accessible to these types of water wells and related programs. That was basically in Chuuk that Conservation Society spoke to. This is an open up. I think adopting the policy will open up the door even wider to donor responds to match what we have as a
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Sept. 27, 2018 CONGRESSIONAL JOURNAL – DAY ELEVEN – 5RS – 20CFSM nation, we put up resources to help sustain our naturally protected areas. Pohnpei has a list of these. The jurisdictions still remain with the states to pass by law, protected areas in each state. Remember that Congress also passed the extension of our state territory waters from 12-mile zone to 24-mile zone. I believe that is also included in protection of our near shore fisheries, including the Ridge to Reef program that is funded by UNDP that has been implemented throughout our states. I just want to highlight these, but the report, SCR No. 20-85, is pretty much detailed. I ask other members of the committee to help explain if there are any questions from Members. I will stop here and see if there is any question or other input from members of the Committee. Thank you, Mr. Speaker.
Speaker Simina: Thank you, Chairman Panuelo. Short recess.
Speaker Simina declared the Congress recessed at 10:49 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 10:58 a.m.
Speaker Simina: Congress comes back to session. Chairman Panuelo, you have the floor.
Chairman Panuelo: I so move for the adoption of SCR No. 20-85.
Chairman Urusemal: Second.
Speaker Simina: It has been moved and seconded that Congress adopt SCR No. 20-85. Any further discussions?
Chairman Perman: Question.
Speaker Simina: Question has been called for. If there is no objection, debate is closed. Let’s vote. All those in favor of the adoption of the report, SCR No. 20-85, say “aye” – opposed “nay”. The motion is carried. The report, SCR No. 20-85, is adopted by Congress. Next report.
-SCR No. 20-86, RE: C.B. No. 20-118, “To further amend title 55 of the Code of the Federated States of Micronesia (Annotated), as amended, by inserting a new section 1209 A, to vest all powers of the FSM Trust Fund Board of Directors in the President of the Federated States of Micronesia while the Board of the FSM Trust Fund is not constituted, subject to certain conditions, and for other purposes.” – W&M – (Recommends its passage/September 26, 2018).
Speaker Simina: Chairman Figir.
Chairman Figir: I move for the adoption of the report, SCR No. 20-86.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that Congress adopt the report, SCR No. 20-86. Discussions? Short recess.
Speaker Simina declared the Congress recessed at 10:59 a.m., subject to the call of the Chair.
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Sept. 27, 2018 CONGRESSIONAL JOURNAL – DAY ELEVEN – 5RS – 20CFSM
RECESS
The Congress reconvened at 11:59 a.m.
Speaker Simina: Congress comes back to session. We are still on discussion on the report, SCR No. 20-86. If there is no further discussion, let’s vote. All those in favor of the adoption of SCR No. 20-86 say “aye” – opposed “nay”. The motion is carried. The report, SCR No. 20-86, is adopted by Congress. Next report.
-SCR No. 20-87, RE: C.B. No. 20-127, “To further amend section 1208 of title 55 of the Code of the Federated States of Micronesia (Annotated), as enacted by Public Law No. 10-150 and as amended by Public Law No. 18-74, to change the composition of the Board of Trustees of the FSM Trust Fund, and for other purposes.” – W&M – (Recommends its passage/September 26. 2018).
Speaker Simina: Chairman Figir.
Chairman Figir: Thank you, Mr. Speaker. I move for the adoption of the said report, (SCR No. 20-87).
Chairman Panuelo: Second.
Speaker Simina: It has been moved and seconded that Congress adopt SCR No. 20-87. Discussions?
Chairman Urusemal: Mr. Speaker.
Speaker Simina: Chairman Urusemal.
Chairman Urusemal: Thank you, Mr. Speaker. Just to point out that the one that had already been adopted and this one, if you look at the signature page, one of the members of the Committee did not sign the report. As I already indicated, during the public hearing on the bill, C. B. No. 20-127, I have some small concerns but I will keep it to myself and when it comes to voting, I will exercise my decision. Thank you.
Speaker Simina: Thank you, Chairman Urusemal. It is a free world, free Congress. You can do what you want. Any further discussions?
Chairman Perman: Question.
Speaker Simina: Question has been called for. If no further discussion, debate is closed. Let’s vote. All those in favor of the adoption of SCR No. 20-87 say “aye” – opposed “nay”. The motion is carried. The report, SCR No. 20-87, has adopted. Next report.
-SCR No. 20-88, RE: C.B. No. 20-130, “To amend section 3 of Public Law No. 15-70, to change the qualification requirements for the two representatives for the FSM Government to the Joint Trust Fund Committee, and for other purposes.” – W&M – (Recommends its passage/September 26, 2018).
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Sept. 27, 2018 CONGRESSIONAL JOURNAL – DAY ELEVEN – 5RS – 20CFSM
Speaker Simina: Chairman Figir.
Chairman Figir: Mr. Speaker, I move for the adoption of the report, SCR No. 20-88.
Chairman Panuelo: Second.
Speaker Simina: It has been moved and seconded that Congress adopt SCR No. 20-88. Discussions?
Floor Leader Harper: Mr. Speaker.
Speaker Simina: Floor Leader Harper.
Floor Leader Harper: Thank you, Mr. Speaker. Just a minor question in order to enlighten me. I am sorry I did not have any chance to read the report, SCR No. 20-88, but I just want to ask the reason why we are changing the qualifications of the two members of the Trust Fund.
Speaker Simina: Chairman Figir.
Chairman Figir: Short recess.
Speaker Simina declared the Congress recessed at 11:03 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:10 a.m.
Speaker Simina: Congress comes back to session. We are still on discussion of the report, SCR No. 20-88.
Chairman Perman: Question.
Speaker Simina: Question has been called for. If there is no objection, debate is closed. Let’s vote. All those in favor of the adoption of SCR No. 20-88 say “aye” – opposed “nay”. The motion is carried. The report, SCR No. 20-88, has adopted by Congress. Next report.
Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 11:11 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:15 a.m.
Speaker Simina: Congress comes back to session. We are still on the Standing Committee reports Calendar. Chairman Panuelo, you have the floor.
Chairman Panuelo: Mr. Speaker, I want to make a motion to place SCR No. 20-95 on the Standing Committee Reports Calendar for action.
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Sept. 27, 2018 CONGRESSIONAL JOURNAL – DAY ELEVEN – 5RS – 20CFSM
Floor Leader Harper: Second.
Speaker Simina: It has been moved and seconded that SCR No. 20-95 be placed on the Calendar for action.
Floor Leader Harper: Mr. Speaker.
Speaker Simina: Floor Leader.
Floor Leader Harper: Just to make sure we are not violating any of our rules, I hereby move to suspend any rule that may impede our action by Chairman Panuelo.
Chairman Urusemal: Second.
Speaker Simina: It has been moved and seconded that any relevant rule that might impede our action on the motion be suspended. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. The relevant rules are suspended. Let’s vote on the main motion. All those in favor of the placement of SCR No. 20-95 say “aye” – opposed “nay”. The motion is carried. The report, SCR No. 20- 95, has been placed on the Calendar for action. Chairman Panuelo.
Chairman Panuelo: Mr. Speaker, I so move for the adoption of SCR No. 20-95.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that Congress adopt SCR No. 20-95. Discussions?
Chairman Figir: Mr. Speaker.
Speaker Simina: Chairman Figir.
Chairman Figir: I spent about five minutes reading the report, SCR No. 20-95, but I was looking at other food items that are exported and imported from other countries, like the Asian countries, are they covered under this if this become law? Or is it dealing with the EU?
Speaker Simina: Chairman Panuelo.
Chairman Panuelo: Thank you, Chairman Figir. Our food and safety, they coordinate their works with the Quarantines and everywhere throughout the nation in terms of exports and imports, the safety of our products, but they have been working as an informal office. So, the question that was raised by Chairman Figir if that is dealing with EU. EU has got one of the most stringent markets. So, it is going to open up EU, but it dealt with every market, Chairman Figir. So, the legislation will amend the section that cited here: amend title 41 to create competent authority so that our food and safety will have authority and capacity to certify export and import working in hand with other offices. This is the intent. It will not have any budgetary implications for the current fiscal year, because they are working with the grant that came in from World Bank administered by NORMA to deal with this. Next fiscal year, they may come in with the modified budget to reflect that bigger capacity that they will evolve. This will allow them to begin doing regulations with AG in the area of food safety and capacity to be authentic. When we certify, it means that the products are safe for consumption and for export. Thank you, Mr. Speaker.
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Chairman Figir: Mr. Speaker.
Speaker Simina: Chairman Figir.
Chairman Figir: One smaller question. Because I read the report, SCR No. 20-95, and I have signed it, I was just wondering if we are to create this competent authority, is there anybody, like the President let us have more authority over this competent authority that he can give exempt to – let’s say my company is going to export some rotten fish to EU Market and this authority insisted due to the condition of the fish. Can I force them just to do it or does the President has the authority or the supreme authority force or exempt the national law?
Speaker Simina: Thank you, Chairman Figir. Any enlighten on that?
Chairman Panuelo: Mr. Speaker.
Speaker Simina: Chairman Panuelo.
Chairman Panuelo: Mr. Speaker, I know that Yap is dealing with the current issue regarding quarantine. I understand Chairman Figir is concerned about the kind of action that can supersede the work that must be done by our offices. But, the answer is no. It will raise the issue of liability of our products when we bear the responsibility of what we say as a nation. When we certify it, it must say that it is safe for consumptions and that is why it will open up the market in areas that are strict in applying food safety and health issues. So, the answer is no. It should not be.
Speaker Simina: It would be an abuse of office.
Chairman Panuelo: If will be. Correct. Thank you, Mr. Speaker.
Speaker Simina: Thank you.
Floor Leader Harper: Mr. Speaker.
Speaker Simina: Yes.
Floor Leader Harper: Thank you, Mr. Speaker. I have nothing relating to the report, SCR No. 20- 95. But I just want to say that I was in the hearing. I was asking question thinking that I am still a member of the Committee, but now I just realize that I am no longer a member of the Committee. I don’t know who strike out my name from the Committee.
Chairman Panuelo: Floor Leader, you are welcome to be a member anytime. But I think your delegation was doing the entire switch around of members. But you are welcome to join every time.
Speaker Simina: Are there any further discussions?
Chairman Urusemal: Mr. Speaker.
Speaker Simina: Chairman Urusemal.
Chairman Urusemal: Like Floor Leader, the Yap Delegation decided to switch assignment and Chairman Figir is a member of the R&D Committee and I am now a member of T&C and I was glad to
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Sept. 27, 2018 CONGRESSIONAL JOURNAL – DAY ELEVEN – 5RS – 20CFSM have time to attend the meeting. I asked some of my questions relating to the issue, including the issue pending in Yap. I am happy to report that the Department of R&D, National Government, the food inspection section in our Department of Health and Social Affairs are still holding on to the items that were imported into Yap and not meeting certain qualifications or requirements. On the issue at hand, I move for a very short recess.
Speaker Simina declared the Congress recessed at 11:23 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:25 a.m.
Speaker Simina: Congress comes back to session. We are still on discussion of the report, SCR No. 20-95.
Chairman Perman: Question.
Senator Konman: Second.
Speaker Simina: Question has been called for. If there is no objection, debate is closed. Let’s vote. All those in favor of the adoption of SCR No. 20-95 say “aye” – opposed “nay”. The motion is carried. The report, SCR No. 20-95, is adopted. Next report.
Chief Clerk: Mr. Speaker, we still have the Awaiting List No. 20-43.
TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIFTH REGULAR SESSION, 20 TH FSM CONGRESS SEPTEMBER 17 2018 TO OCTOBER 06, 2018
R E P O R T A W A I T I N G R E Q U I R E M E N T S
NO. 20-43, 11TH DAY, THURSDAY, SEPT. 27, 2018, AT 10:00 A.M.
REPORT SUBJECT DATE AND NO TIME
20-89 RE: C.R. No. 20-127, A Resolution approving and accepting a Grant in the amount of $950,624 from the U.S. Department of Health and Human Services, substance abuse and mental health services Administration, to support the project entitled: “FSM Department of Health and Social Affairs SPF-PFS Project”, including all the terms and conditions of the Assistance.”, 9/27/18 (Submitted By: H&SA Committee) 10:00A.M.
20-90 RE: C.R. No. 20-129, A Resolution approving and accepting a Grant in the amount of $128,625 from the U.S. Department of Health and Human Services, Health Resources and Administration, to fund the FSM Maternal and Child Health
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Program, including all the Terms and conditions of the Assistance.”, 9/27/18 (Submitted By: H&SA Committee) 10:00A.M.
20-91 RE: C.R. No 20-130, A Resolution approving and accepting a Grant in the amount of $164,968 from the U.S. Department Health and Human services, Health Resources and services Administration, to fund the FSM Maternal Child Health program in the FSM, including all the terms and conditions of the assistance.”, 9/27/18 (Submitted By: H&SA Committee) 10:00 A.M.
20-92 RE: C.R. No. 131, A Resolution approving a Grant in the amount $693,970 from the U.S. Department of Health and Human Services, Centers for Disease control and prevention, to fund the FSM Public Health and Healthcare Emergency Preparedness project, including all the Terms and conditions of the Assistance.”, 9/27/18 (Submitted By: H&SA Committee) 10:00 A.M.
20-93 RE: C.R. No. 133, A Resolution approving and accepting a Grant from the United nations Development program (UNDP) in the amount of $290,386, to fund and support the Global fund project for HIV/TB in the FSM, including all the terms and conditions of the Assistance.”, 9/27/18 (Submitted By: H&SA Committee) 10:00 A.M.
20-94 RE: C.R. No. 20-134, A Resolution approving and accepting a Grant in the amount of $106,175 from the U.S. Department of Health and Human Services, Health Resources and Services Administration, to fund the Universal Newborn hearing screening and intervention project in the FSM, including all the terms and conditions of the assistance.”, 9/27/18 (Submitted By: H&SA Committee) 10:00 A.M
20-95 RE: C.B. No. 20-202, A bill to further amend title 41 of the Code of the Federated States Micronesia (Annotated), as amended, by amending sections 1003, 1007, 1009, 1011, 1013, 10114, 1020, 1022, 1024, 1025, 1026, 1027, 1028, and 1030 thereof, to provide for the established of the competent authority and for other purposes.”, 9/27/18 (Submitted By: R&D Committee) 10:00 A.M.
20-96 RE: C.R. No. 20-137, A Resolution approving and accepting a Grant in the amount of $666,397 from the U.S. Department of Health and Human Services, substance abuse and mental Health services Administration, to provide funding to the Federated States of Micronesia, department of Health and
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Social Affairs for Prevention and Treatment services related to substance abuse for the Budget period from October 1, 2018, to September 30, 2019, including all the terms and conditions of the Assistance.”, 9/27/18 (Submitted By: H&SA Committee) 10:00 A.M.
Speaker Simina: If there is no objection, next item.
SPECIAL COMMITTEE REPORTS
None
ASSIGNMENT OF MEASURES AND COMMUNICATIONS
The Chief Clerk called attention to Referral Sheet No. 20-86.
TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIFTH REGULAR SESSION, 20TH CFSM September 1, 2018 TO October 06, 2018 COMMITTEE REFERRAL
REFERRAL SHEET NO. 20-86, DAY 11, Thursday, 09/27/18, AT 10:00 A.M.
C.B. NO. SUBJECT COMMITTEE 20-251 To further amend section 1015 and 1019 of title 37 of the W&M Code of the Federated States of Micronesia (Annotated), as enacted by Public Law No. 18-71, for the purpose of requiring ninety percent (90%) for the tax on all premiums collected from Captive insurance companies in a fiscal year to be deposited in the FSM Trust Fund, and for other purposes. 20-252 To further amend section 12 of Public Law No 20-42, as W&M amended by Public Laws Nos. 20-64, 20-67, 20-83, 20-94 and 20-103 to designated a new allottee for a certain line item, and for other purposes.
Speaker Simina: Chairmen and members, take a look at the Referral Sheet for your planning purposes. Next item.
UNFINISHED BUSINESS
None
BILL CALENDAR
Chairman Panuelo: Mr. Speaker, point of privilege.
Speaker Simina: State your point.
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Chairman Panuelo: Mr. Speaker, I merely want to recognize the Honorable Nickontro Johnny, our Associate Justice for the Pohnpei Supreme Court. Can we give him a round of applause? (Applause). Thank you.
Speaker Simina: Thank you, Chairman Panuelo. Indeed, we always welcome our good friend, Associate Justice Nickontro Johnny to our session. Any other points of privilege? If none, first bill.
C.B. No. 20-250 (1st Reading): Directing the President of the Federated States of Micronesia, or his designee, that in accordance with section 2 of Article XIV of the Constitution of the Federated States of Micronesia that at least every ten years the question: “Shall there be a convention to revise or amend the Constitution?” be submitted to the people in the general election to be held on March 05, 2019,” as was submitted in 2001, and for other purposes.
Deferred on 09/26/18 to today.
Speaker Simina: Chairman Romolow.
Chairman Romolow: Short recess.
Speaker Simina declared the Congress recessed at 11:28 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:34 a.m.
Speaker Simina: Congress comes back to session. Chairman Romolow.
Chairman Romolow: I move for the passage of the bill, C. B. No. 20-250, on First Reading.
Vice Speaker Moses: Second.
Speaker Simina: It has been moved and seconded that Congress pass C.B. No. 20-250 on First Reading. Discussions?
Chairman Figir: Mr. Speaker.
Speaker Simina: Chairman Figir.
Chairman Figir: I have an oral amendment to the bill, C. B. No. 20-250.
Speaker Simina: State your amendment.
Chairman Figir: Thank you, Mr. Speaker. On page 1, line 7, delete “March 5, 2019”, and insert “March 2021”. I so move.
Chairman Panuelo: Second.
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Chairman Gouland: Short recess.
Speaker Simina declared the Congress recessed at 11:35 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:38 a.m.
Speaker Simina: Congress comes back to session. There is an amendment by Chairman Figir, which was seconded. Discussions on that offered oral amendment? If none, debate is closed let’s vote. All those in favor of the adoption of the amendment to C.B. No. 20-250 offered by Chairman Figir say “aye” – opposed “nay”. The motion is carried. The amendment is adopted. We now have C.B. No. 2-250, CD1. Any further discussions?
Chairman Perman: Question.
Speaker Simina: Question has been called for. We will vote on First Reading by roll call of Members.
The Chief Clerk took the roll call by Members.
Senator Alik Excused Senator Aritos Aye Senator Figir Nay Senator Gouland Aye Floor Leader Harper Aye Senator Konman Aye Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Aye Senator Perman Aye Senator Romolow Aye Senator Urusemal Aye Senator Welly Aye Speaker Simina Aye
Chief Clerk: Mr. Speaker, twelve Members voted for and one against.
Speaker Simina: For that reason, C.B. No. 20-250, CD1 has been passed by Congress on First Reading. Next bill.
C.B. No. 20-177 (1st Reading): To amend Public Law No. 19-89, as amended by Public Laws Nos. 19-94, 19-127, 19-151, 19-159, 20-06 and 20-32, by amending section 6 thereof, to change the lapse date of funds previously appropriated therein, for the purpose of funding public projects and social programs in each of the states, and for other purposes.
Deferred on 09/26/18 to today.
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Speaker Simina: Chairman Figir.
Chairman Figir: I move for a short recess.
Speaker Simina declared the Congress recessed at 11:40 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:42 a.m.
Speaker Simina: Congress comes back to session. Chairman Figir.
Chairman Figir: Thank you, Mr. Speaker. I move for the passage of C.B. No. 20-177.
Chairman Urusemal: Second.
Speaker Simina: It has been moved and seconded that Congress pass C.B. No. 20-177 on First Reading. Discussion? If none, debate is closed. Let’s vote. We will vote by roll call of Members. Chief Clerk.
The Chief Clerk took the roll call by Members.
Senator Alik Excused Senator Aritos Aye Senator Figir Aye Senator Gouland Aye Floor Leader Harper Aye Senator Konman Aye Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Aye Senator Perman Aye Senator Romolow Aye Senator Urusemal Aye Senator Welly Aye Speaker Simina Aye
Chief Clerk: Mr. Speaker, all the thirteen Members voted for.
Speaker Simina: For that reason, C.B. No. 20-177 has been passed by Congress on First Reading. Next bill.
C.B. No. 20-118 (1st Reading): To further amend title 55 of the Code of the Federated States of Micronesia (Annotated), as amended, by inserting a new section 1209 A, to vest all powers of the FSM Trust Fund Board of Directors in the President of the Federated States of Micronesia while the Board of the FSM Trust Fund is not constituted, subject to certain conditions, and for other purposes. – W&M – (cf. SCR No. 20-86).
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Speaker Simina: Chairman Figir.
Chairman Figir: Thank you, Mr. Speaker. I so move for the adoption of C.B. No. 20-118 on First Reading.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that Congress pass on First Reading C.B. No. 20-118. Discussions? Short recess.
Speaker Simina declared the Congress recessed at 11:45 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:51 a.m.
Speaker Simina: Congress comes back to session. We are still on discussion of C.B. No. 20-118. Any further discussions? If none, let’s vote by roll call of Members. Chief Clerk.
The Chief Clerk took the roll call by Members.
Senator Alik Excused Senator Aritos Aye Senator Figir Aye Senator Gouland Aye Floor Leader Harper Aye Senator Konman Aye Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Aye Senator Perman Aye Senator Romolow Aye Senator Urusemal Nay Senator Welly Aye Speaker Simina Aye
Chief Clerk: Mr. Speaker, twelve Members voted for and one against.
Speaker Simina: For that reason, C.B. No. 20-118 has been passed by Congress on First Reading. Next bill.
C.B. No. 20-127 (1st Reading): To further amend section 1208 of title 55 of the Code of the Federated States of Micronesia (Annotated), as enacted by Public Law No. 10-150 and as amended by Public Law No. 18-74, to change the composition of the Board of Trustees of the FSM Trust Fund, and for other purposes. – W&M – (cf. SCR No. 20-87).
Speaker Simina: Chairman Figir.
Chairman Figir: I so move.
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Floor Leader Harper: Second.
Speaker Simina: It has been moved and seconded that Congress pass on First Reading C.B. No. 20-127. Discussions? If none, discussion is closed. Let’s vote by roll call of Members.
The Chief Clerk took the roll call by Members.
Senator Alik Excused Senator Aritos Aye Senator Figir Aye Senator Gouland Aye Floor Leader Harper Aye Senator Konman Aye Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Aye Senator Perman Aye Senator Romolow Aye Senator Urusemal Nay Senator Welly Aye Speaker Simina Aye
Chief Clerk: Mr. Speaker, twelve Members voted for and one against.
Speaker Simina: For that reason, C.B. No. 20-127 has been passed by Congress on First Reading. Next bill.
C.B. No. 20-130 (1st Reading): To amend section 3 of Public Law No. 15-70, to change the qualification requirements for the two representatives for the FSM Government to the Joint Trust Fund Committee, and for other purposes. – W&M – (cf. SCR No. 20-88).
Speaker Simina: Chairman Figir.
Chairman Figir: Thank you, Mr. Speaker. I move for the passage of the bill, C.B. No. 20-130, on First Reading.
Chairman Urusemal: Second.
Speaker Simina: It has been moved and seconded that Congress pass on First Reading C.B. No. 20-130. Discussions? If none, debate is closed. Let’s vote by roll call of Members on First Reading.
The Chief Clerk took the roll call by Members.
Senator Alik Excused Senator Aritos Aye Senator Figir Aye Senator Gouland Aye Floor Leader Harper Aye Senator Konman Aye
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Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Aye Senator Perman Aye Senator Romolow Aye Senator Urusemal Aye Senator Welly Aye Speaker Simina Aye
Chief Clerk: Mr. Speaker, all the thirteen Members voted for.
Speaker Simina: For that reason, C.B. No. 20-130 has been passed by Congress on First Reading. Next bill.
C.B. No. 20-202 (1st Reading): To further amend title 41 of the Code of the Federated States of Micronesia (Annotated), as amended, by amending sections 1003, 1007, 1009, 1011, 1013, 1014, 1020, 1022, 1024, 1025, 1026, 1027, 1028, and 1030 thereof, to provide for the establishment of the Competent Authority, and for other purposes. – R&D – (cf. SCR No. 20-95).
Speaker Simina: Chairman Panuelo.
Chairman Panuelo: Mr. Speaker, I so move for the passage of C. B. No. 20-202 on First Reading.
Vice Speaker Moses: Second.
Speaker Simina: It has been moved and seconded that Congress pass C.B. No. 20-202 on First Reading. Discussions? Short recess.
Speaker Simina declared the Congress recessed at 11:57 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:59 a.m.
Speaker Simina: Congress comes back to session. Any further discussions? If none, debate is closed. Let’s vote by roll call of Members.
The Chief Clerk took the roll call by Members.
Senator Alik Excused Senator Aritos Aye Senator Figir Aye Senator Gouland Aye Floor Leader Harper Aye Senator Konman Aye Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Aye
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Senator Perman Aye Senator Romolow Aye Senator Urusemal Aye Senator Welly Aye Speaker Simina Aye
Chief Clerk: Mr. Speaker, all the thirteen Members voted for.
Speaker Simina: For that reason, C.B. No. 20-202 has been passed by Congress on First Reading. Next bill.
Chief Clerk: There are none, Mr. Speaker.
Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 12:00 p.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 12:02 p.m.
Speaker Simina: Congress comes back to session. We are still on the Bill Calendar.
Chairman Panuelo: Mr. Speaker.
Speaker Simina: Chairman Panuelo.
Chairman Panuelo: Mr. Speaker, with the permission of the Chairman on Ways and Means, I make motion to withdraw and place C.B. No. 20-249.
Senator Aritos: Second.
Speaker Simina: It has been moved and seconded that C. B. No. 20-249 be withdrawn from Committee and placed on the Bill Calendar for action. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. The bill, C.B. No. 20-249, is placed. The relevant rules that might impede our action are still suspended. Chairman Figir.
C.B. No. 20-249 (1st Reading): To appropriate the sum of $11,750,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2019, for the purpose of funding priority infrastructure projects and other projects and programs in the states of Yap, Kosrae, Pohnpei and Chuuk, and for other purposes.
Chairman Figir: I yield the floor to Chairman Panuelo.
Speaker Simina: Chairman Panuelo.
Chairman Panuelo: Thank you, Mr. Speaker; and thank you Chairman Figir. I so move for the passage of C.B. No. 20-249 on First Reading.
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Vice Speaker Moses: Second.
Speaker Simina: It has been moved and seconded that Congress pass on First Reading C.B. No. 20-249. Discussions? Short recess.
Speaker Simina declared the Congress recessed at 12:03 p.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 12:13 p.m.
Speaker Simina: Congress comes back to session. Chairman Gouland.
Chairman Gouland: Mr. Speaker, I move to offer an amendment to the said bill, C.B. No. 20-249. The amendment has been written and circulated. I so move, Mr. Speaker.
Amendment to C. B. No. 20-249 Offered by Senator Victor V. Gouland
C.B. No. 20-249 is hereby amended to read as follows:
1. Title, line 1, delete “11,750,000” and insert “13,750,000” in lieu thereof. 2. Page 1, line 1, delete “11,750,000”, and insert “13,750,000” in lieu thereof. 3. Page 1, line 8, delete “11,750,000” and insert “13,750,000” in lieu thereof. 4. Page 1, line 12, delete “11,750,000” and insert “13,750,000” in lieu thereof. 5. Page 1, between lines 15 and 16, insert the following: a. Distches/Landscape projects in Puuk, Lelu ...... 20,0000 b. Utwe Municipal Government subsidy ...... 20,000 c. Malen Municipal Government subsidy ...... 20,000 d. Tafunsak Municipal Government subsidy...... 20,000 e. Lelu Town Government subsidy ...... 40,000 f. Salariesfor Walung Local Police Officers ...... 40,000 g. Purchase of medical equipment and payments for debts of Kosraean patients ownd to Pohnpei Family Clinic...... 40,000 h. Emergency vehicle/POL for Walung ...... 40,000 i. Tafunsak-Walung mangrove channels’ clearing/clean up/improvement ...... 40,000 j. Land acquisition for Lelu Elementary School ...... 100,000 k. Purchase of solar freezers and freight costs...... 50,000 l. Purchase of solar lights and freight costs ...... 40,000 m. Staff Development- Kosrae Delegation ...... 20,000 n. Traning/Travel costs for secretaries/clerks ...... 20,000 o. Uh Se Inge Travel and associated costs ...... 40,000 p. Clemson University Summer program ...... 50,000 q. Lelu youth program...... 10,000 r. Tafunsak youth program ...... 10,000 s. Utwe youth program ...... 10,000 t. Malem youth program...... 10,000 u. Purchase of vehicles for delegation office...... 70,000 v. scholarships for Kosrae Students ...... 110,000 w. Meeting allowance for scholarship board ...... 10,000
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Sept. 27, 2018 CONGRESSIONAL JOURNAL – DAY ELEVEN – 5RS – 20CFSM x. Supplemental funding to cover outstanding payments for medical bills to Guam Memorial Hospital ...... 30,000 y. Purchase of beacons/harbour lights...... 5,000 z. supplemetal funding for Malsu/Sronsrono Farm road...... 10,000 aa. Scholarship funds (Secondary/Post Education) ...... 75,000 6. Page 1, line 16, delete “11,750,000”, and insert “13,750,000” in lieu thereof. 7. Page 1, line 17, delete “3,250,000” and insert “4,000,000” in lieu thereof. 8. Page 2, line 1, delete “4,750,000” and insert “6,000,000” in lieu thereof. 9. Page 2, line 3, delete “4,750,000” and insert “6,000,000” in lieu thereof. 10. Page 2, line 5, delete “4,750,000”, and insert “6,000,000” in lieu thereof. 11. Page 2, between lines 5 and 6, insert the following: a). Land Acquisition of Public Land; PROVIDE THAT at least $1,000,000 maybe used for reducing arrears for land purchase of the airport land ...... 2,000,000 b). Road/Bridge/Seawalls/Docks ...... 450,000 c). Defunded Chuuk State’s Activities and programs ...... 200,000 d). Road Improvement/Weno Circumferential road ...... 700,00 e). Rock crusher equipment and other needs ...... 250,000 f). New Government complex finishing. Landscaping/furnishing ...... 200,000 g). Northwest Region Telecom system upgrade ...... 250,000 h). Faichuk Region heavy equipment ...... 200,000 i). Tonoas Power distribution/connections and other needs ...... 150,000 j). Weno Cellular blindspot improvement/upgrade ...... 100,000 k). Land Commission/Land Management/Registrar Office equipment and other needs ...... 150,000 l). Chuuk Hospital Clinical Nurse land transportation ...... 50,000 m). Administrative/management support cost ...... 100,000 n). Other priority infrastructure projects and other public projects and social programs . 1,200,000”
Date: September 27, 2018 Introduced by: /s/Victor V. Gouland Victor V. Gouland
Purpose of the amendments: To specify the use of funds under this act for Chuuk and Kosrae and modify the amount.
Floor Leader Harper: Second.
Speaker Simina: It has been moved and seconded that the offered amendment to C.B. No. 20-249 be adopted. The relevant rules that might impede our action are still suspended. Any discussion of the amendment? Chairman Welly.
Chairman Welly: Thank you, Mr. Speaker. I also have an oral amendment that I wish to offer to the amendment by Chairman Gouland.
Speaker Simina: Proceed.
Chairman Welly: Thank you, Mr. Speaker. On the bill itself, on page 1 –
Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 12:15 p.m., subject to the call of the Chair.
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RECESS
The Congress reconvened at 12:17 p.m.
Speaker Simina: Congress comes back to session. Chairman Welly.
Chairman Welly: Thank you, Mr. Speaker. I am amending the amendment offered by Chairman Gouland. Page 1, item 5 (v), “scholarship for Kosraean students’, delete 110,000 and add 205,000. On the same page, same line item 5(aa), “Scholarship funds for secondary post education”, delete 875,000 and insert “1,000,000” in lieu thereof. Same line item, after “(z)”, add “(a1) Tafunsak, Utwe mangrove channels clean up improvements 30,000.”
Floor Leader Harper: Second.
Speaker Simina: It has been moved and seconded that the oral amendment by Chairman Welly be adopted. Short recess.
Speaker Simina declared the Congress recessed at 12:19 p.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 12:21 p.m.
Speaker Simina: Congress comes back to session. We have the offered oral amendment by Chairman Welly to the written amendment to C.B. No. 20-249. Discussions?
Floor Leader Harper: Mr. Speaker.
Speaker Simina: Floor Leader.
Floor Leader Harper: Just to make sure I understand the purpose of the amendment. Is it to increase the share of the Kosrae State?
Chairman Welly: I think the better way to say it is to be equal to everybody else’s share. Thank you.
Speaker Simina: Thank you. That is a good enough explanation.
Chairman Urusemal: May I know how much is to be equal to everybody else?
Speaker Simina: Do the math, Chairman Urusemal.
Chairman Urusemal: Is it equal is size, width, length, mass? What are we comparing it to?
Speaker Simina: You are the professional in that area. You better do it yourself. You are the expert. Discussions on the offered oral amendment? If none, debate is closed. Let’s vote. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. The oral amendment is adopted. We are on discussion on the floor amendment as amended. Any further discussion?
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Chairman Perman: Question.
Speaker Simina: Question has been called for. Let’s vote. All those in favor of the adoption of the offered floor amendment to C.B. No. 20-249 as amended say “aye” – opposed “nay”. The motion is carried.
Floor Leader Harper: Short recess.
Speaker Simina declared the Congress recessed at 12:23 p.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 12:23 p.m.
Speaker Simina: Congress comes back to session. The offered floor amendment to C.B. No. 20-249 offered by Chairman Gouland is adopted. We have C.B. No. 20-249, CD1. Further discussions?
Chairman Urusemal: Just a short question.
Speaker Simina: Yes.
Chairman Urusemal: Are we still on the roof within the ceiling?
Speaker Simina: Way, way within the celling.
Chairman Urusemal: With this increase, how much would that leave us in the floating around?
Speaker Simina: About $800. If there are no further discussions on the bill, C.B. No. 20-249, CD1, let’s vote by roll call of Members.
The Chief Clerk took the roll call by Members.
Senator Alik Excused Senator Aritos Aye Senator Figir Aye Senator Gouland Aye Floor Leader Harper Aye Senator Konman Aye Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Aye Senator Perman Aye Senator Romolow Aye Senator Urusemal Aye Senator Welly Aye Speaker Simina Aye
Chief Clerk: Mr. Speaker, all the thirteen Members voted for.
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Speaker Simina: For that reason, C.B. No. 20-249, CD1 has been passed by Congress on First Reading. Next bill.
Chairman Perman: Mr. Speaker, short recess.
Speaker Simina declared the Congress recessed at 12:25 p.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 12:26 p.m.
Speaker Simina: Congress comes back to session. Floor Leader Harper.
Floor Leader Harper: I move that we stand in recess until tomorrow at 10:00 a.m.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that Congress stand in recess until tomorrow at 10:00 a.m. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. Congress, now, stands in recess until tomorrow at 10:00 a.m., in the morning.
Speaker Simina declared that the Congress stand in recess at 12:27 p.m., Thursday, September 27, 2018, until tomorrow, Friday, September 28, 2018, at 10:00 a.m.
Respectfully submitted,
Liwiana Ramon Ioanis Chief Clerk
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CONGRESSIONAL JOURNAL TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIFTH REGULAR SESSION
DAY TWELVE Friday, September 28, 2018
The Twelfth Day of the Fifth Regular Session of the Twentieth Congress of the Federated States of Micronesia was called to order at 10:43 a.m., Friday, September 28, 2018.
Speaker Wesley W. Simina presided.
A moment of silent prayer was observed.
The Chief Clerk called the roll. Twelve Members were present; Senator Alik was excused; Senator Aritos was absent.
Floor Leader Harper moved to dispense with the reading of the Journal; Senator Urusemal seconded, and the motion carried by voice vote.
PRESIDENTIAL COMMUNICATIONS
-No. 20-332 – (Dated 09/25/18 & received 09/27/18) – Notifying of the notice awards, which are awarded quarterly with intention to fund and support the FSM Department of Health and Social Affairs, Behavioural Health and Wellness Program for project period from October 01, 2018 to September 30, 2019.
-No. 20-333 – (Dated 09/25/18 & received 09/27/18) – Transmitting a Resolution of ¥200,000,000, foreign financial assistance, from the Government of Japan to the Government of the Federated States of Micronesia for purposes of contributing to the implementation of the Economic and Social Development Programs in the FSM.
-No. 20-334 - (Dated 09/25/18 & received 09/27/18) – Designating Congressional Act No. 20-126, as Public Law No. 20-129: “TO FURTHER AMEND SECTION 12 OF PUBLIC LAW 19- 118, AS AMENDED BY PUBLIC LAWS NOS. 19-125, 19-135, 20-01, 20-14, 20-23, 20- 40, 20-46 AND 20-74, TO CHANGE THE ALLOTTEE FOR A CERTAIN LINE ITEM FOR CHUUK STATE, AND FOR OTHER PURPOSES.”
Speaker Simina: Assign those Communications, Chief Clerk. Next item.
FSM SUPREME COURT COMMUNICATIONS
None
MEMBER COMMUNICATIONS
None
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DEPARTMENTAL COMMUNICATIONS
None
Chairman Gouland: Short recess.
Speaker Simina declared the Congress recessed at 10:45 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 10:50 a.m.
Speaker Simina: Congress comes back to session.
Chairman Romolow: Point of privilege.
Speaker Simina: Chairman Romolow.
Chairman Romolow: Thank you, Mr. Speaker. Good morning to you and Members. I wish to recognize an individual this morning and I ask that we give him a round of applause. The individual in the gallery this morning is Mr. Asterio Takesy who is the Vice President of Governmental Affairs at Bank of Guam and he is also the Chairman of JCRP (applause). Thank you.
Speaker Simina: Thank you, Chairman Romolow for recognize a very distinguish guest of ours this morning.
Chairman Perman: Point of privilege, Mr. Speaker.
Speaker Simina: Chairman Perman.
Chairman Perman: Thank you very much, Mr. Speaker. Good morning to you, Members, and all who are observing our session this morning. Mr. Speaker, I have two constituents who are also attending our session this morning. Let me introduce them: Mr. Perez Amaraich, Councilman of Sokehs and Dasiano Helgen. They are really good farmers and fishermen. Let’s give them a round of applause (applause).
Speaker Simina: Thank you, Chairman Perman. Those two gentlemen are, indeed, welcome, as always, to come and observe our session. Any other points of privilege?
Floor Leader Harper: Short recess, please.
Speaker Simina declared the Congress recessed at 10:52 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 10:53 a.m.
Speaker Simina: Congress comes back to session.
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AGENCY OR GOVERNMENTAL AUTHORITY COMMUNICATIONS
None
STATE COMMUNICATIONS
None
STATE SUPREME COURT COMMUNICATIONS
None
MUNICIPAL OR TOWN COMMUNICATIONS
None
FOREIGN GOVERNMENT COMMUNICATIONS
None
ORDER OF THE DAY
STANDING COMMITTEE REPORTS
-SCR No. 20-89, RE: C.R. No. 20-127: To approve a grant of $950,324 from the US DHHS - SAMHSA to support the project entitled: " FSM Department of Health and Social Affairs SPF-PFS Project." – H&SA.
Speaker Simina: Chairman Perman.
Chairman Perman: I so move for its (SCR No. 20-89) adoption.
Chairman Urusemal: Second.
Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 10:54 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 10:54 a.m.
Speaker Simina: Congress comes back to session. It has been moved and seconded that Congress adopt SCR No. 20-89. Discussions?
Senator Neth: Question.
Speaker Simina: Question has been called for. If no objection, debate is closed. Let’s vote. All those in favor of the adoption of SCR No. 20-89 say “aye” – opposed “nay”. The motion is carried. The report, SCR No. 20-89, is adopted by Congress. Next report.
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-SCR No. 20-90, RE: C.R. No. 20-129 To approve a grant of $218,625 from the US DHHS - HRSA, to fund the FSM Maternal and Child Health program. – H&SA.
Speaker Simina: Chairman Perman.
Chairman Perman: I so move for its (SCR No. 20-90) adoption.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that Congress adopt SCR No. 20-90. Discussions? If none, debate is closed. Let’s vote. All those in favor of the adoption of SCR No. 20-90 say “aye” – opposed “nay”. The motion is carried. The report, SCR No. 20-90, is adopted by Congress. Next report.
-SCR No. 20-91, RE: C.R. No. 20-130 To approve a grant of $164,968 from the US DHHS-HRSA, to fund the FSM Maternal CHild Health program in the FSM. -H&SA
Speaker Simina: Chairman Perman.
Chairman Perman: I so move for its (SCR No. 20-91) adoption.
Chairman Urusemal: Second.
Speaker Simina: It has been moved and seconded that Congress adopt SCR No. 20-91. Discussions? If none, debate is closed. Let’s vote. All those in favor of the adoption of SCR No. 20-91 say “aye” – opposed “nay”. The motion is carried. The report, SCR No. 20-91, is adopted by Congress. Next report.
Chairman Romolow: Short recess, Mr. Speaker.
Speaker Simina declared the Congress recessed at 10:57 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 10:59 a.m.
Speaker Simina: Congress comes back to session. Next report.
-SCR No. 20-92, RE: C.R. No. 20-131 To approve a grant of $693,970 from the US DHHS - CDCP, to fund the FSM Public Health and Healthcare Emergency Preparedness project. – H&SA.
Speaker Simina: Chairman Perman.
Chairman Perman: I so move for its (SCR No. 20-92) adoption.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that Congress adopt SCR No. 20-92. Discussions? If none, debate is closed. Let’s vote. All those in favor of the adoption of SCR No. 20-92 say
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“aye” – opposed “nay”. The motion is carried. The report, SCR No. 20-92, is adopted by Congress. Next report.
Chairman Welly: Mr. Speaker.
Speaker Simina: Chairman Welly.
Chairman Welly: Thank you, Mr. Speaker. I move that we go to Bill Calendar.
Senator Konman: Second.
Speaker Simina: If no objection, we will go to Bill Calendar.
BILL CALENDAR
Chairman Urusemal: Short recess, Mr. Speaker.
Speaker Simina declared the Congress recessed at 11:00 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:07 a.m.
Speaker Simina: Congress comes back to session. We are on the Bill Calendar. First bill.
C.B. No. 20-250, CD1 (2nd Reading): Directing the President of the Federated States of Micronesia, or his designee, that in accordance with section 2 of Article XIV of the Constitution of the Federated States of Micronesia that at least every ten years the question: “Shall there be a convention to revise or amend the Constitution?” be submitted to the people in the general election to be held on March 2021 as was submitted in 2001, and for other purposes.
Speaker Simina: Chairman Romolow.
Chairman Romolow: I move for the passage of the bill, C. B. No. 20-250, CD1 on Second and Final Reading.
Chairman Panuelo: Second.
Speaker Simina: It has been moved and seconded that Congress pass C.B. No. 20-250, CD1. Discussions? Short recess.
Speaker Simina declared the Congress recessed at 11:08 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:09 a.m.
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Speaker Simina: Congress comes back to session. Any discussion on the bill, C. B. No. 20-250, CD1? If none, debate is closed. Let’s vote by roll call of Delegations. Chairman Gouland will cast the vote for Chuuk State. Chief Clerk, call the roll.
The Chief Clerk took the roll call by States.
State of Chuuk: Chairman Gouland Aye State of Pohnpei: Chairman Panuelo Aye State of Kosrae: Chairman Welly Aye State of Yap: Chairman Urusemal Aye
Chief Clerk: Mr. Speaker, all the four States voted for.
Speaker Simina: For that reason, C.B. No. 20-250, CD1 has been passed by Congress on Second and Final Reading. Next bill.
Senator Welly left the Chamber at 11:10 a.m.
C.B. No. 20-177 (2nd Reading): To amend Public Law No. 19-89, as amended by Public Laws Nos. 19-94, 19-127, 19-151, 19-159, 20-06 and 20-32, by amending section 6 thereof, to change the lapse date of funds previously appropriated therein, for the purpose of funding public projects and social programs in each of the states, and for other purposes.
Speaker Simina: Chairman Figir.
Chairman Figir: I so move.
Chairman Urusemal: Second.
Speaker Simina: It has been moved and seconded that Congress pass C.B. No. 20-177 on Second and Final Reading. Discussions? If none, debate is closed. Let’s vote by roll call of Delegations. Chief Clerk.
The Chief Clerk took the roll call by States.
State of Chuuk: Chairman Gouland Aye State of Pohnpei: Chairman Panuelo Aye State of Kosrae: Chairman Welly Excused State of Yap: Chairman Urusemal Aye
Chief Clerk: Mr. Speaker, three States voted for.
Speaker Simina: For that reason, C.B. No. 20-177 has been passed by Congress on Second and Final Reading. Next bill.
Chairman Urusemal: Point of information, Mr. Speaker.
Speaker Simina: State your point.
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Sept. 28, 2018 CONGRESSIONAL JOURNAL – DAY TWELVE – 5RS – 20CFSM
Chairman Urusemal: INAUDIBLE
Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 11:12 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:14 a.m.
Speaker Simina: Congress comes back to session. Next bill.
C.B. No. 20-118 (2nd Reading): To further amend title 55 of the Code of the Federated States of Micronesia (Annotated), as amended, by inserting a new section 1209 A, to vest all powers of the FSM Trust Fund Board of Directors in the President of the Federated States of Micronesia while the Board of the FSM Trust Fund is not constituted, subject to certain conditions, and for other purposes. – W&M – (cf. SCR No. 20-86).
Speaker Simina: Chairman Figir.
Chairman Figir: I move for the passage of C.B. No. 20-118 on Second and Final Reading.
Chairman Urusemal: Second.
Speaker Simina: It has been moved and seconded that Congress pass C.B. No. 20-118 on Second and Final Reading. Discussions?
Chairman Figir: Mr. Speaker.
Speaker Simina: Yes.
Chairman Figir: I have a proposed floor amendment to the bill, C.B. No. 20-118. May I ask the Chief Clerk to read it? It has been printed and distributed. It is really a clean-up amendment.
Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 11:15 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:16 a.m.
Speaker Simina: Congress comes back to session. Chief Clerk, read the offered floor amendment to C.B. No. 20-118 offered by Chairman Figir.
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Sept. 28, 2018 CONGRESSIONAL JOURNAL – DAY TWELVE – 5RS – 20CFSM
Amendment to C.B. No. 20-118 Offered by Senator Isaac V. Figir
C.B. No. 220-218 is hereby amended to read as follows:
1. Page 1, line 10, delete “he shall cause” and insert “the President shall require” in lieu thereof. 2. Page 1, line 14 delete “section” and insert “chapter” in lieu thereof. 3. Page 1, line 15, delete “he” and insert “the Administrator” in lieu thereof. 4. Page 1, line 17, delete “this section” and insert “section 1209 and this section” in lieu thereof.
Date: Sept. 28, 2018 Introduced by: /s/ Isaac V. Figir Isaac V. Figir
Purpose of amendments: The purpose of the amendments is to clarify any potential ambiguity in the use of pronounces and to correct the cross-reference to the correct chapter and sections.
Speaker Simina: There you have it.
Chairman Figir: I so move for its adoption.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that the offered floor amendment to C.B. No. 20-118 offered by Chairman Figir be adopted. Floor Leader Harper.
Floor Leader Harper: Mr. Speaker, I move to suspend any rules that may impede our action on the amendment.
Chairman Urusemal: Second.
Speaker Simina: It has been moved and seconded that the relevant rules, specifically the rules prohibiting substantive amendment on second reading be suspended. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. The relevant rules are now suspended. Discussions on the amendment?
Chairman Figir: Mr. Speaker.
Speaker Simina: Chairman Figir.
Chairman Figir: The purpose of the amendment is to clarify any potential ambiguity in the use of pronounce and cross reverence to the correct chapter and sections.
Speaker Simina: It is just a clean-up job. Thank you Chairman Figir for doing that. Any further discussions?
Floor Leader Harper: Mr. Speaker.
Speaker Simina: Floor Leader Harper.
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Floor Leader Harper: Just a minor question. On item 1, “President” in there and item 3, “Administrator” is there. So, may I just know the difference? How come we don’t use “President” on item 3 or “Administrator” on item 1?
Speaker Simina: Chairman Figir.
Chairman Figir: That is just changing the word. It may not be the President all the time. It may refer to a person who is the administrator of the fund. It is just a matter of title.
Speaker Simina: Any further discussion on the amendment? If none, debate is closed. Let’s vote. All those in favor of the adoption of the amendment say “aye” – opposed “nay”. The motion is carried. The offered floor amendment by Chairman Figir is adopted. We now have C.B. No. 20-118, CD1. Any further discussions? If none, debate is closed. Let’s vote by roll call of Delegations. Chief Clerk.
The Chief Clerk took the roll call by States.
State of Chuuk: Chairman Gouland Aye State of Pohnpei: Chairman Panuelo Aye State of Kosrae: Chairman Welly Excused State of Yap: Chairman Urusemal
Chairman Urusemal: I yield the floor to Chairman Figir.
State of Yap: Chairman Figir Aye
Chief Clerk: Mr. Speaker, three States voted for.
Speaker Simina: For that reason, C.B. No. 20-118, CD1 has been passed by Congress on Second and Final Reading. Next bill.
C.B. No. 20-127 (2nd Reading): To further amend section 1208 of title 55 of the Code of the Federated States of Micronesia (Annotated), as enacted by Public Law No. 10- 150 and as amended by Public Law No. 18-74, to change the composition of the Board of Trustees of the FSM Trust Fund, and for other purposes. – W&M – (cf. SCR No. 20-87).
Speaker Simina: Chairman Figir.
Chairman Figir: Thank you, Mr. Speaker. I move that Congress pass C.B. No. 20-127 on Second and Final Reading.
Senator Neth: Second.
Speaker Simina: It has been moved and seconded that Congress pass C.B. No. 20-127 on Second and Final Reading. Discussions?
Chairman Urusemal: Mr. Speaker.
Speaker Simina: Chairman Urusemal.
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Chairman Urusemal: Thank you, Mr. Speaker. I just wonder why the title, and I should have asked this when we were deliberating on this bill, why is it changing the composition of the Board of Trustees? How are the compositions being changed? Is it increasing or decreasing of numbers?
Speaker Simina: Chairman Figir, care to enlighten our colleague?
Chairman Figir: Short recess.
Speaker Simina declared the Congress recessed at 11:22 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:29 a.m.
Speaker Simina: Congress comes back to session. Chairman Figir.
Chairman Figir: Thank you, Mr. Speaker. I move that we defer action on C.B. No. 20-127 to the end of the Bill Calendar.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that we defer action on C.B. No. 20-127 to the end of the Bill Calendar. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. The bill, C.B. No. 20-127, is deferred to the end of the Bill Calendar. Next bill.
C.B. No. 20-130 (2nd Reading): To amend section 3 of Public Law No. 15-70, to change the qualification requirements for the two representatives for the FSM Government to the Joint Trust Fund Committee, and for other purposes. – W&M – (cf. SCR No. 20-88).
Speaker Simina: Chairman Figir.
Chairman Figir: Thank you, Mr. Speaker. I move for the passage of the bill, C.B. No. 20-130 on Second and Final Reading.
Floor Leader Harper: Second.
Speaker Simina: It has been moved and seconded that Congress pass on Second and Final Reading C. B. No. 20-130. Discussions? If none, debate is closed. Let’s vote by roll call of Delegations. Chief Clerk.
The Chief Clerk took the roll call by States.
State of Chuuk: Chairman Gouland Aye State of Pohnpei: Chairman Panuelo Aye State of Kosrae: Chairman Welly Excused State of Yap: Chairman Urusemal Aye
Chief Clerk: Mr. Speaker, three States voted for.
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Speaker Simina: For that reason, C.B. No. 20-130 has been passed by Congress on Second and Final Reading. Next bill.
Floor Leader Harper: Short recess.
Speaker Simina declared the Congress recessed at 11:31 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:33 a.m.
Speaker Simina: Congress comes back to session. Next bill.
C.B. No. 20-202 (1st Reading): To further amend title 41 of the Code of the Federated States of Micronesia (Annotated), as amended, by amending sections 1003, 1007, 1009, 1011, 1013, 1014, 1020, 1022, 1024, 1025, 1026, 1027, 1028, and 1030 thereof, to provide for the establishment of the Competent Authority, and for other purposes.
Speaker Simina: Chairman Panuelo.
Chairman Panuelo: Mr. Speaker, I so move for the passage of C.B. No. 20-202.
Floor Leader Harper: Second.
Speaker Simina: It has been moved and seconded that Congress pass C.B. No. 20-202. Discussions? If none, debate is closed. Let’s vote by roll call of Delegations. Chief Clerk.
The Chief Clerk took the roll call by States.
State of Chuuk: Chairman Gouland Aye State of Pohnpei: Chairman Panuelo Aye State of Kosrae: Chairman Welly Excused State of Yap: Chairman Urusemal
Chairman Urusemal: I yield the floor to Chairman Figir.
State of Yap: Chairman Figir Aye
Chief Clerk: Mr. Speaker, three States voted for.
Speaker Simina: For that reason, C.B. No. 20-202 has been passed by Congress on Second and Final Reading. Next bill.
C.B. No. 20-249, CD1 (2nd Reading): To appropriate the sum of $14,000,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2019, for the purpose of funding priority infrastructure projects and other projects and programs in the states of Yap, Kosrae, Pohnpei and Chuuk, and for other purposes.
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Chairman Figir: I move to defer action on the bill, C. B. No. 20-249, CD1 to the end of the Bill Calendar.
Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 11:37 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:39 a.m.
Speaker Simina: Congress comes back to session. Chairman Figir, you have the floor.
Chairman Figir: Thank you, Mr. Speaker. I believe the main motion is to defer the bill, C. B. No. 20-249, CD1, to the end of the Bill Calendar.
Chairman Urusemal: Second.
Speaker Simina: If there is no objection, the bill, C. B. No. 20-249, CD1, is deferred to the end of the Bill Calendar.
Chairman Gouland: Mr. Speaker.
Speaker Simina: Chairman Gouland.
Chairman Gouland: Thank you, Mr. Speaker. I move that we go down to the Resolution Calendar.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that we go down to the Resolution Calendar.
RESOLUTION CALENDAR
Speaker Simina: First Resolution.
Chairman Gouland: Mr. Speaker.
Speaker Simina: Chairman Gouland.
Chairman Gouland: Thank you, Mr. Speaker. I move to withdraw and place C.R. No. 20-120 –
Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 11:40 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:51 a.m.
Speaker Simina: Congress comes back to session. Chairman Gouland.
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Chairman Gouland: Thank you, Mr. Speaker. I move to withdraw C. R. No. 20-120 and place it on today’s resolution calendar for action.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that we withdraw and place C.R. No. 20-120 on the Resolution Calendar for action. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. The resolution, C. R. No. 20-120, is now withdrawn and placed for action. Chairman Gouland.
Chairman Gouland: I move for the adoption of C. R. No. 20-120.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that Congress adopt C. R. No. 20-120. That is a nomination resolution.
Floor Leader Harper: Mr. Speaker, I presume the relevant rules are still suspended.
Speaker Simina: Yes. Let the record reflect that the relevant rules are still suspended up to this point. Chief Clerk, read the title.
C. R. No. 20-120: To confirm the nomination of Mr. Jolden J. Johnnyboy to serve as a member of the Telecommunication Regulation Regulatory Authority of the Federated States of Micronesia.
Speaker Simina: Discussions?
Floor Leader Harper: Mr. Speaker.
Speaker Simina: Floor Leader Harper.
Floor Leader Harper: I heard the Chief Clerk said, “Regulation Authority”. Should it be regulation or regulatory?
Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 11:52 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:56 a.m.
Speaker Simina: Congress comes back to session. The motion to adopt was seconded so we are on discussions. Any further discussions on the resolution, C. R. No. 20-120. This is a nomination so it requires ten votes for adoption. Short recess.
Speaker Simina declared the Congress recessed at 11:57 a.m., subject to the call of the Chair.
RECESS
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The Congress reconvened at 12:00 p.m.
Speaker Simina: Congress comes back to session. Chief Clerk, announce the results.
Chief Clerk: Mr. Speaker, nine Members voted in favor, two against.
Speaker Simina: For that reason, the resolution, C. R. No. 20-120, has not passed. It is not adopted by Congress. The nomination is not confirmed.
Chairman Gouland: Short recess.
Speaker Simina declared the Congress recessed at 12:00 p.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 12:02 p.m.
Speaker Simina: Congress comes back to session. Chairman Gouland.
Chairman Gouland: Thank you, Mr. Speaker. I move to reconsider the said resolution, C.R. No. 20-120.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that we reconsider our action on resolution, C.R. No. 20-120. That is not subject to debate. We will go through the same proceeding. Short recess.
Speaker Simina declared the Congress recessed at 12:03 p.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 12:08 p.m.
Speaker Simina: Congress comes back to session. Chief Clerk, announce the results.
Chief Clerk: Mr. Speaker, for reconsideration, nine Members voted for, two against.
Speaker Simina: For that reason, the reconsideration motion is not passed. That is, it for C.R. No. 20-120. Next resolution.
Chairman Gouland: Mr. Speaker, I move that we go back to the Bill Calendar.
Chairman Urusemal: Second.
Speaker Simina: It has been moved and seconded that we go back to the Bill Calendar. If there is no objection, we will now go to Bill Calendar.
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BILL CALENDAR
Chairman Gouland: Short recess.
Speaker Simina declared the Congress recessed at 12:09 p.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 12:10 p.m.
Speaker Simina: Congress comes back to session. We are on the Bill Calendar. Chairman Figir.
Chairman Figir: Thank you, Mr. Speaker. I move to withdraw Congress Bill No. 20-254 from your Committee on Ways and Means and put on the Bill Calendar for action.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that C. B. No. 20-254 be withdrawn from Committee and placed on the Bill Calendar for action. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. The bill, C. B. No. 20-254, is withdrawn from Committee and placed on the Bill Calendar for action. Chairman Figir.
Chairman Figir: Thank you, Mr. Speaker. I move that Congress pass C.B. No. 20-254 on First Reading.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that Congress pass on First Reading C.B. No. 20-254. Read the title, Chief Clerk.
C. B. No. 20-254 (1st Reading): To renumber the sections created by Public Law No. 20-130 and to clarify the source of the funds deposited into the FSM Trust Fund pursuant to the new section of title 54 of the Code of the Federated States of Micronesia (Annotated), as amended, and for other purposes.
Speaker Simina: Discussions? This is the correction needed for the act that we overrode.
Chairman Urusemal: Mr. Speaker.
Speaker Simina: Chairman Urusemal.
Chairman Urusemal: Thank you, Mr. Speaker. I just wish to, I didn’t see section 321 in this bill. May I know the reference to 321?
Speaker Simina: Chairman Figir.
Chairman Figir: Short recess.
Speaker Simina declared the Congress recessed at 12:12 p.m., subject to the call of the Chair.
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RECESS
The Congress reconvened at 12:14 p.m.
Speaker Simina: Congress comes back to session. We are still on discussion of the bill, C.B. No. 20-254. If there are no further discussions, debate is closed. Let’s vote by roll call of Members on First Reading.
The Chief Clerk took the roll call by Members.
Senator Alik Excused Senator Aritos Absent Senator Figir Aye Senator Gouland Aye Floor Leader Harper Aye Senator Konman Aye Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Aye Senator Perman Aye Senator Romolow Aye Senator Urusemal Aye Senator Welly Excused Speaker Simina Aye
Chief Clerk: Mr. Speaker, eleven Members voted for.
Speaker Simina: For that reason, C. B. No. 20-254 has been passed by Congress on First Reading. Short recess.
Speaker Simina declared the Congress recessed at 12:15 p.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 12:15 p.m.
Speaker Simina: Congress comes back to session. Next bill.
C. B. No. 20-127 (2nd Reading): To further amend section 1208 of title 55 of the Code of the Federated States of Micronesia (Annotated), as enacted by Public Law No. 10-150 and as amended by Public Law No. 18-74, to change the composition of the Board of Trustees of the FSM Trust Fund, and for other purposes. – W&M – (cf. SCR No. 20-87).
Speaker Simina: Chairman Figir.
Chairman Figir: I move for the passage of C. B. No. 20-127.
Chairman Gouland: Short recess.
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Speaker Simina declared the Congress recessed at 12:16 p.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 12:17 p.m.
Speaker Simina: Congress comes back to session. Chairman Figir, restate your motion.
Chairman Figir: I move for the passage of Congress Bill No. 20-127.
Chairman Urusemal: Second.
Speaker Simina: It has been moved and seconded that Congress pass on Second and Final Reading C. B. No. 20-127. Short recess.
Speaker Simina declared the Congress recessed at 12:17 p.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 12:19 p.m.
Speaker Simina: Congress comes back to session. We are now on discussion of C.B. No. 20-127. Chairman Urusemal.
Chairman Urusemal: Thank you very much, Mr. Speaker. I have an oral amendment that I wish to make on the bill, C. B. No. 20-127.
Speaker Simina: Go ahead.
Chairman Urusemal: Page 1 in the title, line 3, after “composition”, insert “and manner of appointment and recall”. I so move.
Chairman Figir: Second.
Speaker Simina: It has been moved and seconded that the amendment by Chairman Urusemal be adopted. The relevant rules specifically the one on prohibition on substantive amendment on second reading are still suspended. Discussion on the offered amendment? If none, debate is closed. Let’s vote. All those in favor of the adoption of the oral amendment by Chairman Urusemal to C. B. No. 20-127 say ‘aye’ – opposed say ‘nay’. The motion is carried. The offered oral amendment is adopted. We now have C. B. No. 20-127, CD1. Any further discussions? If none, debate is closed. Let’s vote by roll call of Delegations. Chief Clerk.
The Chief Clerk took the roll call by States.
State of Chuuk: Chairman Gouland Aye State of Pohnpei: Chairman Panuelo Aye State of Kosrae: Chairman Welly Excused State of Yap: Chairman Urusemal
Chairman Urusemal: I yield to Chairman Figir.
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State of Yap: Chairman Figir Aye
Chief Clerk: Mr. Speaker, three States voted for.
Speaker Simina: For that reason, C. B. No. 20-127, CD1 has been passed by Congress on Second and Final Reading. Next bill.
C.B. No. 20-249, CD1 (2nd Reading): To appropriate the sum of $14,000,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2019, for the purpose of funding priority infrastructure projects and other projects and programs in the states of Yap, Kosrae, Pohnpei and Chuuk, and for other purposes.
Speaker Simina: Chairman Figir.
Chairman Figir: I move for the passage of the bill, C. B. No. 20-249, CD1.
Chairman Urusemal: Second.
Speaker Simina: It has been moved and seconded that Congress pass on Second and Final Reading C. B. No. 20-249, CD1. Discussions?
Floor Leader Harper: Mr. Speaker.
Speaker Simina: Floor Leader Harper.
Floor Leader Harper: Thank you, Mr. Speaker. If there may be no objections, I move to defer this bill, C. B. No. 20-249, CD1 to next session day of Congress.
Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 12:22 p.m., subject to the call of the Chair.
RECESS
Senator Aritos entered the Chamber and took his seat at 12:29 p.m.
The Congress reconvened at 12:29 p.m.
Speaker Simina: Congress comes back to session. There is a motion. Let’s vote on it. All those in favor of the motion to defer action on C. B. No. 20-249, CD1 to the next session day of this Congress say ‘aye’ – opposed say ‘nay’. The motion is carried. The bill, C. B. No. 20-249, CD1, is deferred to the next session day.
Chairman Gouland: Short recess, Mr. Speaker.
Speaker Simina declared the Congress recessed at 12:30 p.m., subject to the call of the Chair.
RECESS
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The Congress reconvened at 12:32 p.m.
Speaker Simina: Congress comes back to session. Chairman Romolow.
Chairman Romolow: Thank you, Mr. Speaker. I make a motion to reconsider my earlier motion to defer action on C.B. No. 20-151 to put on today’s agenda.
Vice Speaker Moses: Second.
Speaker Simina: It has been moved and seconded that Congress reconsider the motion to defer to the next session C. B. No. 20-151. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. The reconsideration is done. Make your motion for passage.
Chairman Romolow: I move for the passage of the said bill, C. B. No. 20-151.
Vice Speaker Moses: Second.
Speaker Simina: It has been moved and seconded that Congress pass on First Reading C.B. No. 20-151. Chief Clerk, read the title.
C. B. No. 20-151 (1st Reading): To amend title 52 of the Code of the Federated States of Micronesia (Annotated), as amended, by adding a new section 212, to provide for Eligibility for Housing Allowance for Off-island Recruits for Public Service Sector positions within the National Government of the Federated States of Micronesia, and for other purposes.
Speaker Simina: It has been moved and seconded that Congress pass on First Reading C. B. No. 20-151. Discussions?
Chairman Figir: Mr. Speaker.
Speaker Simina: Chairman Figir.
Chairman Figir: May I ask the good Chairman to explain two things? Who is going to be eligible for this housing? How much is it going to cost this Government?
Speaker Simina: Chairman Romolow.
Chairman Romolow: Thank you, Mr. Speaker. The employees who will be eligible for this are those who don’t have a permanent legal residence at places of their work, which they also are not within the commuting system. The financial impact, what the witnesses testify, will be an increase of fifty percent of what we have within this fiscal year, which is a little bit over $500,000. Added to that is about $250,000. Thank you.
Speaker Simina: Thank you, Chairman Romolow.
Chairman Figir: Just one small follow-up question.
Speaker Simina: Go ahead.
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Chairman Figir: I thought that off-island recruit is eligible for housing.
Chairman Romolow: That is true, Chairman Figir. The regulation that they are following now is that even though you are from off-island, from the outer island or the other states, and you are here and hired here, then you are considered local hire. With this amendment, it will eliminate that local hire if you are not and have no legal residence of that particular area.
Speaker Simina: Is that clear, Chairman Figir?
Chairman Figir: I just lost what I wanted to ask. I am not really comfortable with this change. I don’t see any problem with this current law. I may not be able to support it.
Speaker Simina: Thank you, Chairman Figir.
Chairman Romolow: Mr. Speaker.
Speaker Simina: Go ahead, Chairman Romolow.
Chairman Romolow: Maybe I did not elaborate more. But the current, the existing regulation now says that if you are from Yap, and you come here and find a job here, you will not be eligible for housing, because you are considered local hire. You found a job here, applied, and hired. This amendment will do away with that. Because you are from Yap, Chuuk, or Kosrae, or from an outer island, you have no legal residence here. This is what basically this amendment for.
Chairman Gouland: Mr. Speaker.
Speaker Simina: Chairman Gouland.
Chairman Gouland: Thank you, Mr. Speaker. If I can recall, somebody walked out on my bill and I changed my mind. The personnel office has already decided who is eligible for housing allowance. It is not just that the bill was introduced and all the employees at the National Government are entitled with. The only amendment on this is the local hire. Any state aside from the National Government, Pohnpei, who come here and hired here, in the category of the personnel, it would justify who will be eligible for housing allowance.
Floor Leader Harper: Point of information, Mr. Speaker.
Speaker Simina: Floor Leader Harper.
Floor Leader Harper: Thank you, Mr. Speaker. I would like to point that one of the major obstacles to what Chairman Romolow has been trying to do is this pay level requirement. Even if you are eligible for housing, because you meet all the requirement but you don’t reach pay level twenty-six, you cannot get housing allowance. I think that is one of the things we have to resolve.
Speaker Simina: That is a good concern. What do you say, Chairman Romolow, to that? There is a limitation set by the pay level of the employee, would that still apply?
Chairman Romolow: Thank you, Mr. Speaker. Again, this bill, the amendment doesn’t change anything with the existing regulations and the requirements. It is just to add a provision with the regulation
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Sept. 28, 2018 CONGRESSIONAL JOURNAL – DAY TWELVE – 5RS – 20CFSM to do away with the local hire that they are exercising. But everything remains, except to include this amendment.
Speaker Simina: Chairman Figir.
Chairman Figir: Thank you, Mr. Speaker. I am still not comfortable, because once we do away with the local hiring, then we are also doing away the qualifications of that individual. Under the current system, the guy from Yap, when he applied for a job, the people that look at the credential of the applicant make the decision, because they can just get on a canoe and come here and get a job. Again, we will be filling this Government with people who are not qualified to be in this position. That will have contributions that would impact the devolvement of this Government.
Speaker Simina: Chairman Romolow, care to enlighten our moneyman?
Chairman Romolow: Thank you, Mr. Speaker. Again, as I stated earlier, this amendment is not changing the existing policy or regulation regarding eligibilities and criteria on what pay level they get and all the requirements. It is just that it eliminates that phrase where it says, “local hire” so it can also address those that have no means in finding a job beside going to the center to find a job and get hired for the position. What they are exercising now, the existing regulation is that if you apply in Yap but you’re there and you are from Pohnpei, then you will be considered a local hired because you applied there in Yap where the position is being offered. Again, this amendment doesn’t change anything within the existing regulation. Thank you.
Speaker Simina: Thank you. So, the limitations on pay level, the limitations on commuting system, those are still in place?
Chairman Romolow: That is true.
Chairman Perman: Mr. Speaker.
Speaker Simina: Chairman Perman.
Chairman Perman: I am not going to touch on Executive, but Legislative, but that means, if we pass this Suda will lose his housing?
Speaker Simina: He has already lost it as far as I know. That is what the Secretary of Finance said.
Chairman Perman: Then I move for the previous question.
Chairman Urusemal: Mr. Speaker.
Speaker Simina: I will allow you, Chairman Urusemal.
Chairman Urusemal: I just hope that it is clear what the bill, C.B. No. 20-151, is intending to do. There are employees at the National Government currently, either here or elsewhere, who were brought here or brought to where they are now working and apply and got jobs. They meet the qualification for pay level. But because they applied and hired here, they are considered local hire, as stated by the Chairman. This is what the bill, C.B. No. 20-151, is trying to do. Currently, out regulation and many times it depends on who the person is, I guess, it is not being applied in accordance of the regulation. There are employees who are qualified for housing are not getting housing. There are employees who are not qualified for
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Sept. 28, 2018 CONGRESSIONAL JOURNAL – DAY TWELVE – 5RS – 20CFSM housing and yet they are getting housing allowance. What this bill, C.B. No. 20-151, is trying to do is to take out the unfairness in the practice by, I don’t know, Personnel? I remember as a member of Congress, I used to write to the former President of my housing allowance, because the staff of the delegation office, the government was paying for his house, and poor yours truly had to cough up money or stay in a contempt residence because I wasn’t eligible for housing. So, we changed that and I become eligible. Thanks to that individual, when he was President of the FSM. So, this is not ruling out those that are qualified to work for the National Government. The hiring policy is still the same. It hasn’t change. But it is taking out the discretion of Personnel to say, “Oh, you are from Ifaluk and you come here and apply for work, local hire”. That is not fair. Now, if that individual has parents here and a wife and they have a house here, then that person should not be eligible for housing. Thank you.
Speaker Simina: Thank you very much. There is a motion for a previous question.
Chairman Gouland: Mr. Speaker.
Speaker Simina: Chairman Gouland.
Chairman Gouland: I am still confused on this one. I know there is already an existing regulation on the housing benefits. The point that my good Chairman was trying to explain, is it contradicting what my good Chairman proposed?
Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 12:46 p.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 12:50 p.m.
Speaker Simina: Congress comes back to session. There is a motion for previous question. If there is no objection, let’s vote by roll call of Members for First Reading.
The Chief Clerk took the roll call by Members.
Senator Alik Excused Senator Aritos Aye Senator Figir Aye Senator Gouland Aye Floor Leader Harper Aye Senator Konman Aye Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Aye Senator Perman Aye Senator Romolow Aye Senator Urusemal Aye Senator Welly Excused Speaker Simina Aye
Chief Clerk: Mr. Speaker, twelve Members voted for.
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Speaker Simina: For that reason, C. B. No. 20-151 has been passed by Congress on First Reading. Next bill. Chairman Perman: Mr. Speaker, I make a motion to stand in recess until tomorrow at 10:00 a.m.
Chairman Panuelo: Second.
Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 12:52 p.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 12:54 p.m.
Speaker Simina: Congress comes back to session. If there is no objection, we will go back to the Standing Committee Reports Calendar.
STANDING COMMITTEE REPORTS
-SCR No. 20-93, RE: C.R. No. 20-133 To approve a grant of $290,386 from the United Nations Development Program (UNDP), to fund and support the Global Fund Project for HIV/TB in the FSM. – H&SA.
Speaker Simina: Chairman Perman.
Chairman Perman: I so move for its adoption.
Floor Leader Harper: Second.
Speaker Simina: It has been moved and seconded that Congress adopt SCR No. 20-93. Discussions?
Chairman Perman: Question.
Speaker Simina: Question has been called for. If there is no objection, debate is closed. Let’s vote. All those in favor of the adoption of SCR No. 20-93 say ‘aye’ – opposed say ‘nay’. The motion is carried. The report, SCR No. 20-93, is adopted. Next report.
-SCR No. 20-94, RE: C.R. No. 20-134 To approve a grant of $160,875 from the US DHHS - HRSA, to fund the Universal Newborn Hearing Screening and Intervention project in the FSM.– H&SA.
Speaker Simina: Chairman Perman.
Chairman Perman: I so move for the adoption of SCR No. 20-94.
Vice Speaker Moses: Second.
Speaker Simina: It has been moved and seconded that Congress adopt SCR No. 20-94. Discussions?
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Chairman Perman: Question.
Speaker Simina: Question has been called for. If there is no objection, debate is closed. Let’s vote. All those in favor of the adoption of SCR No. 20-94 say ‘aye’ – opposed say ‘nay’. The motion is carried. The report, SCR No. 20-94, is adopted by Congress. Next report.
-SCR No. 20-96, RE: C.R. No. 20-137 To accept a grant of $666,397 from the US DHHS - SAMHSA, to provide funding to the FSM Dept of H&SA for Prevention and Treatment Services related to Substance Abuse. – H&SA.
Speaker Simina: Chairman Perman.
Chairman Perman: I so move for its adoption (SCR No. 20-96).
Vice Speaker Moses: Second.
Speaker Simina: It has been moved and seconded that Congress adopt SCR No. 20-96. Discussions?
Chairman Perman: Question.
Speaker Simina: Question has been called for. If there is no objection, debate is closed. Let’s vote. All those in favor of the adoption of SCR No. 20-96 say ‘aye’ – opposed say ‘nay’. The motion is carried. The report, SCR No. 20-96, is adopted. Next report.
The Chief Clerk called attention to the Awaiting List No. 20-44.
TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIFTH REGULAR SESSION, 20TH FSM CONGRESS SEPTEMBER 17 2018 TO OCTOBER 06, 2018
R E P O R T A W A I T I N G R E Q U I R E M E N T S
NO. 20-44, 12TH DAY, FRIDAY, SEPT. 28, 2018, AT 10:00 A.M.
REPORT NO. SUBJECT DATE AND TIME
1) 20-97 RE: C.R. No. 20-121, A Resolution to confirm the nomination of Mr. Jesse John Salalu to serve as member of the board of Regents of the College of Micronesia-FSM, Representing AYap State.”, 9/28/18 (Submitted By: EDUC. Committee) 10:00 A.M.
2) 20-98 RE: C.R. No. 20-126, A Resolution to confirm the nomination of Mr. Tulensru E. Waguk to serve as member of the board of Regents of the College of Micronesia-FSM, Representing the State of Kosrae.’, 9/28/18 (Submitted By: EDUC. Committee) 10:00 A.M.
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3) 20-99 RE: C.B. No. 20-246, A bill for an act to award a 7% (Seven Percent) increase in the annual salary for all full-time employees of the Federated States of Micronesia National Government who have been employed for more than 4 years. 9/28/18 (Submitted By: J&GO Committee) 10:00 A.M.
4) 20-100 RE: C.R. No. 20-136, A Resolution approving a Grant in the amount $1,437,107 from the U.S. Department of Health and Human services, centers for Disease control and prevention, including all the terms and conditions of the assistance..”, 9/28/18 (Submitted By: H&SA Committee) 10:00 A.M.
Chairman Urusemal: Mr. Speaker.
Speaker Simina: Chairman Urusemal.
Chairman Urusemal: Thank you, Mr. Speaker. I move to place SCR Nos. 20-97 and 20-98 on today’s Calendar for action.
Floor Leader Harper: Second.
Speaker Simina: It has been moved and seconded that SCR Nos. 20-97 and 20-98 be placed on the Calendar for action. The relevant rules are still suspended. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. Those reports, SCR Nos. 20-97 and 20-98, are now placed.
Chairman Perman: Mr. Speaker.
Speaker Simina: Chairman Perman.
Chairman Perman: Thank you, Mr. Speaker. I also would like to make a motion to withdraw and place SCR No. 20-100 on our Standing Committee Reports Calendar.
Chairman Gouland: Second.
Speaker Simina: It has been moved and seconded that SCR No. 20-100 be placed on the Calendar for action. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. The report, SCR No. 20-100, is also placed. Chairman Urusemal.
Chairman Urusemal: Thank you very much, Mr. Speaker. I move that SCR No. 20-97 be adopted.
-SCR No. 20-97: To confirm the nomination of Mr. Jesse Salalu as the representative of Yap State on the College of Micronesia - FSM Board of Regents. -(EDUC.)
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that Congress adopt SCR No. 20-97. Discussions?
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Chairman Perman: Question.
Speaker Simina: Question has been called for. If there is no objection, debate is closed. All those in favor of the adoption of SCR No. 20-97 say ‘aye’ – opposed say ‘nay’. The motion is carried. The report, SCR No. 20-97, is adopted by Congress. Next report.
-SCR No. 20-98: To confirm the nomination of Mr. Tulensrue E. Waguk as the representative of Kosrae State on the College of Micronesia - FSM Board of Regents. (EDUC.)
Speaker Simina: Chairman Urusemal.
Chairman Urusemal: Thank you, Mr. Speaker. I move that SCR No. 20-98 be adopted.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that Congress adopt the report, SCR No. 20-98. Discussions? If none, if there is no objection, debate is closed. Let’s vote. All those in favor of the adoption of SCR No. 20-98 say ‘aye’ – opposed say ‘nay’. The motion is carried. The report, SCR No. 20-98, is adopted by Congress. Next report.
-SCR No. 20-100: To approve a grant of $1,437,107 from the US DHHS - CDCP. (H&SA)
Speaker Simina: Chairman Perman.
Chairman Perman: Thank you, Mr. Speaker. I move that Congress adopt SCR No. 20-100.
Chairman Gouland: Second.
Speaker Simina: It has been moved and seconded that Congress adopt SCR No. 20-100. Discussion?
Chairman Perman: Question.
Speaker Simina: Question has been called for. If there is no objection, debate is closed. Let’s vote. All those in favor of the adoption of the report, SCR No. 20-100, say ‘aye’ – opposed say ‘nay’. The motion is carried. The report, SCR No. 20-100, has been adopted by Congress. Next report.
Chief Clerk: We still have the Awaiting List.
Speaker Simina: Take note of the Awaiting List. If there is no objection, we will now to down to the Resolution Calendar.
RESOLUTION CALENDAR
C.R. No. 20-124, CD1: Approving and accepting a grant in the amount of $922,587 from the U.S. Department of Education, Division of Special Education Program, for the Federal Fiscal Year 2018 fund under Part B of the Individual with Disabilities Education Act (IDEA), including all the terms and conditions of the assistance. EDUC.
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Speaker Simina: Chairman Urusemal.
Chairman Urusemal: Thank you, Mr. Speaker. I so move for the adoption of the resolution, C.R. No. 20-124, CD1.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that Congress adopt C.R. No. 20-124, CD1. Discussions?
Chairman Figir: Mr. Speaker.
Speaker Simina: Chairman Figir.
Chairman Figir: I am just wondering if the Members of Congress are eligible for this grant.
Chairman Urusemal: I am afraid not, Mr. Speaker. The age requirement is only from age zero to twenty-one. I believe most of us have passed that age. We are not eligible.
Speaker Simina: Thank you. Are there any further discussions? If none, debate is closed. Let’s vote. All those in favor of the adoption of the resolution, C.R. No. 20-124, CD1 say ‘aye’ – opposed say ‘nay’. The motion is carried. The resolution, C. R. No. 20-124, CD1, has been adopted by Congress. Next resolution.
C.R. No. 20-87, CD1: Approving and adopting the Protected Areas Network National Guiding Policy Framework for the National Government of the Federated States of Micronesia. FOR ADOPTION – R&D – (cf. SCR No. 20-85).
Speaker Simina: Chairman Panuelo.
Chairman Panuelo: Mr. Speaker, I so move for the adoption of the said resolution, C.R. No. 20-87, CD1.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that Congress adopt C.R. No. 20-87, CD1. Discussions? If there is none, debate is closed. Let’s vote. All those in favor of the adoption of the resolution, C.R. No. 20-87, CD1 say ‘aye’ – opposed say ‘nay’. The motion is carried. The resolution, C. R. No. 24 , CD1, has been adopted by Congress. Next resolution.
C.R. No. 20-127: Approving and accepting a grant of in the amount $950,624 from the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, to support the project entitled: “FSM Department of Health and Social Affairs SPF-PFS Project”. FOR ADOPTION – H&SA – (cf. SCR No. 20-89).
Speaker Simina: Chairman Perman.
Chairman Perman: I so move for its (C.R. No. 20-127) adoption.
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Vice Speaker Moses: Second.
Speaker Simina: It has been moved and seconded that C.R. No. 20-127 be adopted. Discussions? If none, debate is closed. Let’s vote. All those in favor of the adoption of the resolution, C.R. No. 20-127 say ‘aye’ – opposed say ‘nay’. The motion is carried. The resolution, C. R. No. 20-127, has been adopted by Congress. Next resolution.
C.R. No. 20-129: Approving and accepting a grant in the amount of $128,625 from the U.S. Department of Health and Human Services, Health Resources and Services Administration, to fund the FSM Maternal and Child Health Program, including all the terms and conditions of the assistance. FOR ADOPTION – H&SA – (cf. SCR No. 20-90).
Speaker Simina: Chairman Perman.
Chairman Perman: I make a motion to adopt the said resolution, C.R. No. 20-129.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that we adopt C.R. No. 20-129. Discussions? If none, debate is closed. Let’s vote. All those in favor of the adoption of the resolution, C.R. No. 20-129 say ‘aye’ – opposed say ‘nay’. The motion is carried. The resolution, C. R. No. 20-129, has been adopted by Congress. Next resolution.
C.R. No. 20-130: Approving and accepting a grant in the amount of $147,000 from the U.S. Department of Health and Human Services, Health Resources and Services Administration, to fund the FSM Maternal and Child Health Program in the FSM, including all the terms and conditions of the assistance. FOR ADOPTION – H&SA – (cf. SCR No. 20-91).
Speaker Simina: Chairman Perman.
Chairman Perman: I so move for its (C.R. No. 20-130) adoption.
Vice Speaker Moses: Second.
Speaker Simina: It has been moved and seconded that Congress adopt C.R. No. 20-130. Discussions?
Chairman Perman: Question.
Speaker Simina: Question has been called for. If there is no objection, debate is closed. Let’s vote. All those in favor of the adoption of the resolution, C.R. No. 20-130 say ‘aye’ – opposed say ‘nay’. The motion is carried. The resolution, C. R. No. 20-130, has been adopted by Congress. Next resolution.
Floor Leader Harper: Point of privilege, Mr. Speaker.
Speaker Simina: State your point.
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Floor Leader Harper: Thank you, Mr. Speaker. I am not trying to rush our meeting before adjournment for today, but I just want to remind us that people can die from hypoglycaemia. That is low blood sugar.
Speaker Simina: Get some sugar to Floor Leader Harper, Page.
Chairman Urusemal: Cookies.
Speaker Simina: Next resolution.
C.R. No. 20-131: Approving and accepting a grant in the amount of $693,970 from the U.S. Department of Health and Human Services Centers for Disease Control and Prevention, to fund and support the FSM Public Health and Healthcare Emergency Preparedness Project, including all the terms and conditions of the assistance. FOR ADOPTION – H&SA – (cf. SCR No. 20-92).
Speaker Simina: Chairman Perman.
Chairman Perman: I so move for its (C.R. No. 20-131) adoption.
Chairman Urusemal: Second.
Speaker Simina: It has been moved and seconded that Congress adopt C.R. No. 20-131. Discussions?
Chairman Perman: Question.
Speaker Simina: Question has been called for. If there is no objection, debate is closed. Let’s vote. All those in favor of the adoption of the resolution, C.R. No. 20-131 say ‘aye’ – opposed say ‘nay’. The motion is carried. The resolution, C. R. No. 20-131, has been adopted by Congress. Next resolution.
C.R. No. 20-133: Approving and accepting a grant from the United Nations Development Program (UNDP) in the amount of $290,386, to fund and support the Global Fund Project for HIV/TB in the FSM, including all the terms and conditions of the assistance. FOR ADOPTION – H&SA – (cf. SCR No. 20-93).
Speaker Simina: Chairman Perman.
Chairman Perman: I so move for its (C.R. No. 20-133) adoption.
Chairman Figir: Second.
Speaker Simina: It has been moved and seconded that Congress adopt C.R. No. 20-133. Discussions?
Chairman Perman: Question.
Speaker Simina: Question has been called for. If there is no objection, debate is closed. Let’s vote. All those in favor of the adoption of the resolution, C.R. No. 20-133 say ‘aye’ – opposed say ‘nay’. The motion is carried. The resolution, C. R. No. 20-133, has been adopted by Congress. Next resolution.
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C.R. No. 20-134: Approving and accepting a grant in the amount of $160,875 from the U.S. Department of Health and Human Services, Health Resources and Services Administration, to fund the Universal Newborn Hearing Screening and Intervention Project in the FSM, including all the terms and conditions of the assistance. FOR ADOPTION – H&SA – (cf. SCR No. 20-94).
Speaker Simina: Chairman Perman.
Chairman Perman: Mr. Speaker, I so move for the adoption of C.R. No. 20-134.
Chairman Urusemal: Second.
Speaker Simina: It has been moved and seconded that Congress adopt C.R. No. 20-134. Discussions?
Chairman Perman: Question.
Speaker Simina: Question has been called for. If there is no objection, debate is closed. Let’s vote. All those in favor of the adoption of the resolution, C.R. No. 20-134 say ‘aye’ – opposed say ‘nay’. The motion is carried. The resolution, C. R. No. 20-134, has been adopted by Congress. Next resolution.
C.R. No. 20-137: Approving and accepting a grant in the amount of $666,397 from the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, to provide funding to the Federated States of Micronesia, Department of Health and Social Affairs for prevention and treatment services related to substance abuse for the budget period from October 01, 2018, to September 30, 2019, including all the terms and conditions of the assistance. FOR ADOPTION – H&SA – (cf. SCR No. 20-96).
Speaker Simina: Chairman Perman.
Chairman Perman: Mr. Speaker, I so move for the adoption of C.R. No. 20-137.
Vice Speaker Moses: Second.
Speaker Simina: It has been moved and seconded that Congress adopt C.R. No. 20-137. Discussions? If none, debate is closed. Let’s vote. All those in favor of the adoption of the resolution, C.R. No. 20-137 say ‘aye’ – opposed say ‘nay’. The motion is carried. The resolution, C. R. No. 20-137, has been adopted by Congress. Next resolution.
C.R. No. 20-121: To confirm the nomination of Mr. Jesse John Salalu to serve as a member of the Board of Regents for the College of Micronesia - FSM, representing the state of Yap EDUC.
Speaker Simina: Chairman Urusemal.
Floor Leader Harper: Mr. Speaker.
Speaker Simina: Floor Leader Harper.
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Floor Leader Harper: I just want to ask if we are really ready to act on this resolution, C.R. No. 20-121. I am afraid those who are in concern about Johnnyboy might retaliate on this resolution.
Speaker Simina: It is like comparing apples to oranges. This is a different thing. Chairman Urusemal, you are staring at me.
Chairman Urusemal: Yes. We really zipped through the other resolutions so I am hoping that the same bird that is helping us with grants will continue to help our decisions on the next two resolutions.
Speaker Simina: Alright!
Chairman Urusemal: I move for the adoption of the said resolution, C.R. No. 20-121, Mr. Speaker.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that Congress adopt C.R. No. 20-121. Discussions? If none, debate is closed. This is a nomination. It requires at least ten votes. We will vote by secret ballot. Short recess.
Speaker Simina declared the Congress recessed at 1:14 p.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 1:17 p.m.
Speaker Simina: Congress comes back to session. Announce the results, Chief Clerk.
Chief Clerk: Mr. Speaker, eight Members voted for, four against.
Speaker Simina: The resolution, C.R. No. 20-121, is not adopted meaning the nomination is not confirmed. Next resolution.
C.R. No. 20-126: To confirm the nomination of Mr. Tulensru E. Waguk to serve as a member of the Board of Regents for the College of Micronesia-Federated States of Micronesia, representing the state of Kosrae. EDUC.
Speaker Simina: Chairman Urusemal.
Chairman Urusemal: Thank you, Mr. Speaker. I guess in the Bible where is says, “If someone slap your right cheek, turn the left cheek”. I just learned that lesson during the vote on the resolution, C.R. No. 20-121. But I hope that this one, the next one we are considering, will be adopted. I so move for the adoption of the resolution, C.R. No. 20-126.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that Congress adopt C.R. No. 20-126. Discussions?
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Floor Leader Harper: Point of information, Mr. Speaker.
Speaker Simina: State your point.
Floor Leader Harper: Mr. Speaker, I just want to say that our Excellency Peter M. Christian has done delivering his speech in the U.N.
Speaker Simina: I hope he wasn’t following President Trump. I hope they are not laughing at him but with him. Okay, we are on discussion of the resolution, C.R. No. 20-126. If there is none, debate is closed. Let’s vote by secret ballot. This is a nomination so it requires ten votes. Short recess.
Speaker Simina declared the Congress recessed at 1:19 p.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 1:23 p.m.
Speaker Simina: Congress comes back to session. Chief Clerk, announce the results.
Chief Clerk: Mr. Speaker, nine Members voted for, three against.
Speaker Simina: For that reason, the nomination is not confirmed. The resolution, C.R. No. 20-126, is not adopted. Next resolution.
C.R. No. 20-136: Approving and accepting a grant in the amount of $1,437,107 from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, including all the terms and conditions of the assistance. -H&SA.
Speaker Simina: Chairman Perman.
Chairman Perman: I make a motion to adopt the said resolution, C.R. No. 20-136.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that Congress adopt C.R. No. 20-136. Discussions?
Chairman Perman: Question.
Speaker Simina: Question has been called for. If there is no objection, debate is closed. Let’s vote on the resolution, C.R. No. 20-136. All those in favor of the adoption of the resolution, C.R. No. 20-136 say ‘aye’ – opposed say ‘nay’. The motion is carried. The resolution, C. R. No. 20-136, has been adopted by Congress. Next resolution.
Chief Clerk: Mr. Speaker, there are none.
Speaker Simina declared the Congress recessed at 1:25 p.m., subject to the call of the Chair.
RECESS
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The Congress reconvened at 1:26 p.m.
Speaker Simina: Congress comes back to session. Vice Speaker Moses, you have the floor.
Vice Speaker Moses: Thank you, Mr. Speaker. I volunteer to do this, because the college is going through reviews constantly and we need their Board of Regents constituted so I would like to ask some Members if they could seriously reconsider their vote, so I hereby move that Congress reconsider Congressional Resolution No. 20-121.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that Congress reconsider its action on C.R. No. 20-121. That will require the same number of votes and it will be by secret ballot, also. Short recess.
Speaker Simina declared the Congress recessed at 1:27 p.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 1:29 p.m.
Speaker Simina: Congress comes back to session. Chief Clerk, announce the results.
Chief Clerk: For reconsideration of C.R. No. 20-121, eleven Members voted for, one against.
Speaker Simina: For that reason, our action on C.R. No. 20-121 has been reconsidered. Vice Speaker Moses.
Vice Speaker Moses: I so move that Congress adopt Congressional Resolution No. 20-121.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that Congress adopt C.R. No. 20-121. This is a nomination resolution. It will require ten votes by secret ballot.
Speaker Simina declared the Congress recessed at 1:30 p.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 1:37 p.m.
Speaker Simina: Congress comes back to session. Chief Clerk, announce the results.
Chief Clerk: Mr. Speaker, ten Members voted for, two against.
Speaker Simina: For that reason, C.R. No. 20-121 is adopted by Congress. The nomination is confirmed (applause). Vice Speaker Moses.
Vice Speaker Moses: Thank you, Mr. Speaker. Again, on the same request, I wish to make a motion that Congress reconsiders Congress Resolution No. 20-126.
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Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that Congress reconsider its action on C.R. No. 20-126. Manner of voting is the same. Short recess.
Speaker Simina declared the Congress recessed at 1:38 p.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 1:41 p.m.
Speaker Simina: Congress comes back to session. Chief Clerk, announce the results.
Chief Clerk: For reconsideration, Mr. Speaker, eight Members voted for, four against.
Speaker Simina: For that reason, the reconsideration of C.R. No. 20-126 is not adopted. Next resolutions.
Chairman Perman: I move that we stand in recess until Monday at 10:00 a.m.
Chairman Figir: Second.
Speaker Simina declared the Congress recessed at 1:42 p.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 1:44 p.m.
Speaker Simina: Congress comes back to session. There is a motion, which was seconded that Congress stands in recess until Monday. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. Congress now stands in recess until Monday at 10:00 a.m.
Speaker Simina declared that the Congress stand in recess at 1:44 p.m., Friday, September 28, 2018, until Friday, October 01, 2018, at 10:00 a.m.
Respectfully submitted,
Liwiana Ramon Ioanis Chief Clerk
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CONGRESSIONAL JOURNAL TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIFTH REGULAR SESSION
DAY THIRTEEN Saturday, September 29, 2018
No Session
DAY FOURTEEN Sunday, September 30, 2018
No Session
DAY FIFTEEN Monday, October 01, 2018
The Fifteenth Day of the Fifth Regular Session of the Twentieth Congress of the Federated States of Micronesia was called to order at 10:47 a.m., Monday, October 01, 2018.
Speaker Wesley W. Simina presided.
A moment of silent prayer was observed.
The Chief Clerk called the roll. Ten Members were present; Senator Alik, Senator Figir, Senator Gouland, and Senator Welly were excused.
Floor Leader Harper moved to dispense with the reading of the Journal; Senator Urusemal seconded, and the motion carried by voice vote.
Chairman Urusemal: Short recess, Mr. Speaker.
Speaker Simina declared the Congress recessed at 10:50 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 10:50 a.m.
Speaker Simina: Congress comes back to session. Next item.
PRESIDENTIAL COMMUNICATIONS
-No. 20-335 - (Dated 09/27/18 and received 09/28/18) – Nominating Dr. Elizabeth Iehsi Keller to serve as a member of the FSM MiCare Board representing the State of Pohnpei.
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-No. 20-336 - (Dated 09/27/18 and received 09/28/18) – Designating Congressional Act No. 20-101, as Public Law No. 20-130: “To further amend title 55 of the Code of the Federated States of Micronesia (Annotated), as amended, by adding a new section 1222 for the purpose of requiring twenty percent (20%) of all national government fishing fees collected in a fiscal year to be deposited into the FSM Trust Fund, and to add a new section 324 of title 54 of the Code of the Federated States of Micronesia (Annotated), as amended, for the purpose of requiring fifty percent (50%) of the tax on all premiums collected from captive insurance companies in a fiscal year to be deposited into the FSM Trust Fund, and for other purposes.”
-No. 20-337 - (Dated 09/27/18 and received 09/28/18) – Designating Congressional Act No. 20-130, as Public Law No. 20-131: “FY 2019 Budget for the National Government.”
-No. 20-338 - (Dated 09/27/18 and received 09/28/18) – Designating Congressional Act No. 20-128, as Public Law No. 20-132: “To further amend Public Law No. 20-53, as amended by Public Laws Nos. 20-57, 20-61, 20-69, 20-91 and 20-96, by amending sections 3 and 5 thereof, to change the use and allottee of funds previously appropriated therein, for the purpose of funding priority infrastructure projects and other projects and programs in the state of Pohnpei, and for other purposes.
-No. 20-339 - (Dated 09/27/18 and received 09/28/18) – Designating Congressional Act No. 20-127, as Public Law No. 20-133: “To amend Public Law No. 20-93, as amended by Public Laws Nos. 20-93 and 20-120, by amending section 1 thereof, to change the use of funds previously appropriated therein, to fund priority infrastructure projects and other public projects and social programs in the state of Kosrae, and for other purposes.”
-No. 20-340 - (Dated 09/25/18 and received 09/28/18) – Re-nominating Mr. Grilly Jack to serve on the NORMA Board of Directors, representing the National Government.
Speaker Simina: We have those Communications. Two of them are nominations. Assign those, Chief Clerk. Next item.
FSM SUPREME COURT COMMUNICATIONS
None
Chairman Panuelo: Mr. Speaker, point of privilege.
Speaker Simina: State your point, Chairman Panuelo.
Chairman Panuelo: Mr. Speaker, good morning to you and to all Members, staff and citizens who are observing from the gallery. Mr. Speaker, if you allow me to introduce a friend of Pohnpei Delegation who is here, I will introduce him on all our behalf. We have a councilman from the Kitti Municipal Council (Isokohnedi), the honorable Richard Abraham. He is the Chairman of the J&GO Committee. Can we welcome him and please give him a round of applause? (Applause). Let’s also welcome Pelsesar Petrus who is from the President’s Office. He is always punctual and consistent in observing our session on behalf of President’s Office. Welcome our good friend (applause). Thank you.
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Speaker Simina: Thank you, Chairman Panuelo. Those two gentlemen are indeed welcome to observe our session anytime. Next item.
MEMBER COMMUNICATIONS
None
DEPARTMENTAL COMMUNICATIONS
None
AGENCY OR GOVERNMENTAL AUTHORITY COMMUNICATIONS
-No. 20-56 - (Dated 09/26/18 and received 09/28/18) – From Mr Eugene Pangelinan, Executive Director, NORMA, informing Congress that the Authority is scheduled to hold its bilateral fisheries consultations with Korea and Taiwan in Guam from October 18- 23, 2018.
-No. 20-57 - (Dated and received 09/27/18) – From Mr Eugene Pangelinan, Executive Director, NORMA, information members of Congress that the fifteenth annual session of the Western and Central Pacific Fisheries Commission will be held in Honolulu from December 10-14, 2018, at the Hawaii Convention Center.
Speaker Simina: Next item.
STATE COMMUNICATIONS
None
STATE SUPREME COURT COMMUNICATIONS
None
MUNICIPAL OR TOWN COMMUNICATIONS
None
FOREIGN GOVERNMENT COMMUNICATIONS
None
ORDER OF THE DAY
STANDING COMMITTEE REPORTS
-SCR No. 20-99, RE: C.B. No. 20-246 – J&GO – (Recommends its passage/September 28, 2018).
Speaker Simina: Chairman Romolow.
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Chairman Romolow: I move to defer action on the said report, SCR No. 20-99, to the next session of Congress.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that Standing Committee Report No. 20-99 be deferred to the next session of Congress. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. The report, SCR No. 20-99, is deferred to the next session of Congress. Next report.
Chief Clerk: There are none, Mr. Speaker.
Speaker Simina: Next item.
SPECIAL COMMITTEE REPORTS
None
ASSIGNMENT OF MEASURES AND COMMUNICATIONS
The Chief Clerk called attention to Referral Sheet No. 20-88.
TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIFTH REGULAR SESSION September 17, 2018 to October 06, 2018
COMMITTEE REFERRAL
REFERRAL SHEET NO. 20-88, DAY 15, MONDAY, 10/01/18, AT 10:00 A.M.
C.B. NO. SUBJECT COMMITTEE 20-254 To renumber the sections created by Public Law No. 20-130 and W&M to clarify the source of the funds deposited into the FSM Trust Fund pursuant to the new section of title 54 of the Code of the Federated States of Micronesia (Annotated), as amended, and for other purposes. C.R.NO. SUBJECT COMMITTEE 20-139 Approving and accepting a non-project grant aid from the R&D Government of Japan in the mount of 200,000,000 Japanese Yen, to the Government of the Federated States of Micronesia, for the promotion of economic and social development programs, including all the terms and conditions of the assistance. 20-140 Approving and accepting a grant in the amount of $240,000 from H&SA the U.S. Department of Health and Human Services, Public Health Services, to support and fund the FSM Family Planning Program, including all the terms and conditions of the assistance.
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PRESIDENTIAL SUBJECT COMMITTEE COMM. NO. 20-332 (Dated 09/25/18 and received 09/27/18) – Notifying of the notice H&SA awards, which are awarded quarterly with intention to fund and support the FSM Department of Health and Social Affairs, Behavioral Health and Wellness Program for project period from October 01, 2018 to September 30, 2019. 20-333 (Dated 09/25/18 & received 09/27/18) – Transmitting a R&D Resolution of ¥200,000,000, foreign financial assistance, from the Government of Japan to the Government of the Federated States of Micronesia for purposes of contributing to the implementation of the Economic and Social Development Programs in the FSM. 20-334 (Dated 09/25/18 and received 09/27/18) – Designating INFO. Congressional Act No. 20-126, as Public Law No. 20-129: “To Further amend section 12 of Public Law No. 19-118, as amended by Public Laws Nos. 19-125, 19-135, 20-01, 20-14, 20-23, 20- 40, 20-46 and 20-74, to change the allottee for a certain line item for Chuuk State, and for other purposes.”
Speaker Simina: Chairmen and members, take a look at that for your planning purposes. Next item.
UNFINISHED BUSINESS
None
BILL CALENDAR
C.B. No. 20-249, CD1 (2nd Reading): To appropriate the sum of $11,750,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2019, for the purpose of funding priority infrastructure projects and other projects and programs in the states of Yap, Kosrae, Pohnpei and Chuuk, and for other purposes.
Deferred on 09/28/18 to next session day of Congress - today.
Speaker Simina: Floor Leader Harper.
Floor Leader Harper: Short recess.
Speaker Simina declared the Congress recessed at 10:55 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 10:58 a.m.
Speaker Simina: Congress comes back to session. We are on C.B. No. 20-249, CD1. Floor Leader Harper.
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Floor Leader Harper: Thank you, Mr. Speaker. First of all, I would like to thank you for me being the Acting Chairman of Ways and Means. Mr. Speaker, I move that this Congress pass C. B. No. 20-249, CD1 on Second and Final Reading.
Chairman Panuelo: Second.
Speaker Simina: It has been moved and seconded that Congress pass C. B. No. 20-249, CD1 on Second and Final Reading. Discussions?
Chairman Urusemal: Mr. Speaker.
Speaker Simina: Chairman Urusemal.
Chairman Urusemal: Thank you, Mr. Speaker. Continuing with the spirit of our session last Friday, I yield the floor to Chairman Panuelo.
Speaker Simina: Chairman Panuelo.
Chairman Panuelo: Thank you, Mr. Speaker and Chairman of Education. We did some amendments and I think the lawyer just made me be the signatory of the amendment here. So Mr. Speaker, on all the delegation’s behalf, I wish to direct your attention to a floor amendment to C. B. No. 20-249, CD1 offered by me. I so move for the adoption of the amendment. Thank you, Mr. Speaker.
Floor Amendment to C.B. No. 20-249, CD1 Offered by Senator David W. Panuelo
C.B. No. 20-249, CD1 is hereby amended to read as follows:
1. Page 1, between lines 11 and 12, insert the following: “(a) Land Acquisition/Construction...... 2,000,000” 2. Page 3, lines 11 and 12, delete it in its entirety 3. Page 3, line 13, delete “(a2) Walung,” , and insert “and Utwe mangrove”. 4. Page 3, between lines 14 and 15, insert “(a2) Scholarship Funds (Undergraduate/Post Education) ...... 1,000,000” 5. Page 3, between lines 18 and 19, insert the following: “(1) At Large ...... 1,000,000, a). Dien, Kitti road maintenance/paving ...... 35,000 b). Lohd road maintenance/paving ...... 50,000 c). Lukop Elementary School Fencing ...... 15,000 d). Nanpahlap Madolenihmw road maintenance/paving...... 50,000 e). Pahnpeh, Awak Powe road maintenance/paving ...... 40,000 f). Community needs (Purchase of coral/sand/gravel and heavy equipment ...... 20,000 g). Temwen, Madolenihmw water tank ...... 30,000 h). Pumphouse, Dolonier, Neth/Road paving ...... 40,000 i). Pwudoi Community secondary road paving/maintenance ...... 50,000 j). Rakuh to Utinpil-Salapwuk, Kitti road paving/maintenance ...... 50,000 k). Temwen road maintenance/paving ...... 20,000 l). Immaculate Hart of Mary, Seinwar Kitti Community Center ...... 10,000 m). Tomwara, Kitti road maintenance/paving ...... 10,000 n). Wone Elementary School fencing ...... 15,000
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Oct. 01, 2018 CONGRESSIONAL JOURNAL – DAYS 13, 14, & 15 – 5RS – 20CFSM o). Nettpoint road paving ...... 50,000 p). Pohnpei community electrical/power extension ...... 25,000 q). Soundahu, Nandaku Palikir channel clearing ...... 10,000 r). Pali-Powe, Nett Basketball/volleyball court ...... 40,000 s). FSM Boxing Association gym upgrade/activities...... 25,000 t). Pohnpei solar/led lights...... 25,000 u). Poahiei Parem, Nett Community boat dock/píer ...... 40,000 v). Madolenihmw Municipal government community water project ...... 20,000 w). U Municipal Government Community water project ...... 20,000 x). Nett Municipal Government water project...... 20,000 y). Kitti Municipal Government water project ...... 20,000 z). Sokehs Municipal Government community water project ...... 20,000 a1). Mwoakilloa Municipal Government community water project ...... 20,000 a2)Pingelap Municipal Government Community water project ...... 20,000 a3). Sapwuafi Municipal Government community water project ...... 20,000 a4). Nukuoro Municipal government community water project ...... 20,000 a5). Kapingamarangi Municipal Government community water project...... 20,000 a6). Youth Development Association of Pohnpei Center Renovation ...... 10,000 a7). Nanpil, Nett basketball/volleyball court ...... 40,000 a8). Paies, Sokehs Basketball/volleyball court ...... 40,000 a9). Ipwal Sokehs new secondary road construction ...... 10,000 a10). Ipwitek maind road paving overlay...... 50,000”
2. Election District No. 1 ...... 1,000,000 a. sokehs Pah Lemahd road overlay paving ...... 30,000 b. sokehs Pah road paving Lehpei ...... 20,000 c. Sokehs Powe road overlay paving ...... 40,000 d. sokehs ridge paving...... 120,000 e. Nanpohmal road overlay paving ...... 40,000 f. Nahnpohnmal road paving (Paul James area) ...... 40,000 g. Capital road overlay paving...... 60,000 h. Pohnrakied sidewalk project...... 45,000 i. Likie road paving ...... 60,000 j. Nanmohs (Nennis) road paving ...... 30,000 k. Nett- Sokehs sidewalk project ...... 50,000 l. Tomwera road paving ...... 50,000 m. Pohras raod overlay paving ...... 40,000 n. Lewetik road paving ...... 44,000 o. Nan Madap road paving ...... 50,000 p. Nandaku road paving ...... 20,000 q. Road maintenance ...... 20,000 r. Ipat road paving ...... 20,000 s. Kolonia sidewalk paving ...... 30,000 t. Kolonia School sidewalk (Daini) project ...... 30,000 u. Pohnpei loop sidewalk to Governor’s Building ...... 50,000 v. Peilapalap solar street light/installation project ...... 16,000 w. Pohnpei Catholic school building matching ...... 50,000 x. Palikir School construction materials...... 10,000 y. Outer Island, ED#1 channel markers/lights ...... 35,000”
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3. Election District No. 2 ...... 1,000,000 a. Pohnalap project...... 100,000 b. Nanpahlap road ...... 50,000 c. Pihs road ...... 150,000 d. Likinsaui road paving...... 30,000 e. Nanrohi road ...... 20,000 f. Areu (Sopwulong) road ...... 30,000 g. Sonop road...... 20,000 h. Nankerpene Bridge ...... 30,000 i. Pohnmet Tamorohi road...... 10,000 j. PUC Water prepaid meter (section 2) ...... 15,000 k. Section 1 road ...... 30,000 l. Impang, Lehiak road ...... 10,000 m. Hazard Mitigation ...... 15,000 n. Diadi water system...... 30,000 o. Nihketiu bridge ...... 15,000 p. Kepine to Sapwalap road...... 50,000 q. Teinpa, Tamorohi road ...... 20,000 r. Dien road (Randy Soswe) ...... 15,000 s. Travel needs ...... 30,000 t. Metipw/Dolopwail road maintenance ...... 20,000 u. Community water project ...... 50,000 v. Road improvement project ...... 190,000 w. Kinakapw road paving ...... 50,000 x. Pais Pah community Septic tank ...... 20,000”
Election District No. 3 ...... 1,000,000 a. Lewi to Mwelihlap road paving ...... 100,000 b. Nan Meir, Nett road paving ...... 200,000 c. Nan Welin Rohi, U road paving ...... 50,000 d. Pohn Pwet, U road paving ...... 70,000 e. Awak Pah road repair/maintenance...... 20,000 f. Nan Kopwuremen, U main road paving ...... 60,000 g. Dou en Nehu, Nett road paving ...... 70,000 h. Lewi Bridge road paving ...... 50,000 i. Niodi to Kurumw, U road paving ...... 60,000 j. Nan U Wharf ...... 50,000 k. Nampwo to Nan Kengkeng road paving ...... 50,000 l. Souna, U road paving ...... 20,000 m. Pingelap Municipal Government’s public projects ...... 65,000 n. Mwoakilloa Municipal Government’s public projects ...... 65,000 o. Nett School parking lot and fencing ...... 50,000 p. solar lights ...... 20,000”
6. Page 4, line 1, delete “450,000”, and insert “430,000” in lieu thereof. 7. Page 4, line 9, delete “250,000”, and insert “270,000” in lieu thereof. 8. Page 4, line 17, after “Nurse” insert “Laboratories/Pharmaceutical and Xray Staff”. 8. Page 5, line 8 after “designee”, insert “PROVIDE THAT, the allottee of funds appropriated under subsections 3(a) to 3(a2) of this act shall be the Mayor of Lelu town Government or his designee; the allottee of funds appropriated under subsection 4(1)(v) of this act shall be the Mayor of Madolenihmw
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Municpal Government or his designee; the allottee of the funds appropriated under subsection 4(1)(w) of this act shall be the Mayor of U Municipal Government or his designee; the allottee of funds appropriated under subsection 4(1)(x) of this act shall be the Mayor of Nett Municipal Government or his designee; the allottee of funds appropriated under subsection 4(1)(y) of this act shall be the Mayor of Kitti Municipal Government or his designee; the allottee of the fund appropriated under subsection 4(1)(z) of this act shall be the Mayor of Sokehs Municipal Government or his designee; the allottee of funds appropriated under subsections 4(2)(a) to 4(2)(y) of this act shall be the Secretary of the Derpartment of Transportation, Communication and Infrastructure or his designee; the allottee of funds appropriated under subsection 4(1)(a2) and 4(4)(m) of this act shall be the Mayor of Pingelap Municipal Government; the allottee of the funds appropriated under subsection 4(1)(a1) and 4(4)(n) of this act shall be the Mayor of Mwoakilloa Municipal Government; the allottee of funds appropriated under subsection 4(1)(a3) of this act shall be the Mayor of Sapuwafik Municipal Government; the allottee of funds appropriated under subsection 4(1)(a4) of this act shall be the Mayor of Nukuoro Municipal Government; the allottee of the fund appropriated under subsection 4(1)(a5) of this act shall be the Mayor of the Kapingamarangi Municipal Government. 9. Page 5, line 10, after “designee”, insert “PROVIDE THAT the allottee of funds appropriated under subsection 5(j) of this act shall be the FSM Telecommunication Corporation or its designee.”
Date: October 01, 2018 Introduced by: /s/ David W. Panuelo David W. Panuelo
Purpose of the amendments: To specify the use and allottee of funds under this act for Yap, Kosrae, Chuuk and Pohnpei.
Vice Speaker Moses: Second.
Speaker Simina: It has been moved and seconded that the offered floor amendment by Chairman Panuelo to C. B. No. 20-249, CD1 be adopted. Because of its length, we will dispense with its reading. Floor Leader Harper.
Floor Leader Harper: Thank you, Mr. Speaker. I move to suspend any relevant rules that may impede our action on the amendment.
Chairman Urusemal: Second.
Speaker Simina: It has been moved and seconded that any relevant rules that may impede our action specifically the rules prohibiting substantive amendment on second and final reading be suspended. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. The relevant rules are now suspended. There is that motion, which was seconded. Discussions?
Chairman Panuelo: Mr. Speaker.
Speaker Simina: Chairman Panuelo.
Chairman Panuelo: The purpose of the amendment is to specify the use of the allottee of funds under this act for Yap, Kosrae, Chuuk, and Pohnpei. Thank you.
Speaker Simina: Thank you for the explanation. As you may note from your packages that there is a file on floor amendment, there is one that was supposed to be introduced by Chairman Urusemal. The date is September 28, 2018. I understand that has been disregarded. We are now working on the amendment that has just been moved and seconded.
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Floor Leader Harper: Short recess, please.
Speaker Simina declared the Congress recessed at 11:01 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:02 a.m.
Speaker Simina: Congress comes back to session. We are still on discussion of the offered floor amendment by Chairman Panuelo. Any discussions?
Floor Leader Harper: Mr. Speaker.
Speaker Simina: Floor Leader Harper.
Floor Leader Harper: I did not bring my eyeglasses and I cannot read all the points in the amendment offered by Chairman Panuelo, but I am only hoping that my amendment, which reflected in Chairman Urusemal’s amendment, is also included in here.
Speaker Simina: Chairman Urusemal or Chairman Panuelo, can you help out Floor Leader Harper?
Chairman Urusemal: Short recess.
Speaker Simina declared the Congress recessed 11:03 at a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:12 a.m.
Speaker Simina: Congress comes back to session. We are still on discussion of the offered floor amendment to C. B. No. 20-249, CD1. Any further discussions?
Vice Speaker Moses: Mr. Speaker.
Speaker Simina: Vice Speaker Moses.
Vice Speaker Moses: Thank you, Mr. Speaker. I wish to make an oral amendment to the floor amendment offered by Chairman Panuelo.
Speaker Simina: Proceed.
Vice Speaker Moses: Page 4, item 8, where is says “Mayor of U Municipal Government”, please strike out “Mayor”, and insert “Chief Minister”; two lines below, “Mayor of Nett Municipal Government”, delete “Mayor”, and insert “District Administrator”. I so move.
Chairman Panuelo: Second.
Chairman Perman: Short recess.
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Speaker Simina declared the Congress recessed at 11:13 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:20 a.m.
Speaker Simina: Congress comes back to session. We are still on the oral amendment by Vice Speaker Moses. Can you please restate and clarify your motion?
Vice Speaker Moses: Thank you, Mr. Speaker. On page 4, item 8, the second one, should be renumbered 9, and the buttom 9 should be renumbered 10, and then where it says “Mayor of Madolenihmw Municipal Government”, it should be “Meninkeder Lapalap”. Two lines below, where it says “Mayor of U”, please strike out “Mayor” and insert “Chief Minister”. A couple lines below where it says “Mayor of Nett”, strike out “Mayor” and insert “District Administrator”. Several lines below, where it says “Mayor of Kitti Municipal Government”, please strike out “Mayor” and insert “Luhken Menlap”. A couple lines down where it says “Mayor of Sokehs Municipal Government”, please strike out “Mayor”, and insert “Chief Magistrate”. Where it says “Mayor of Mwoakilla Municipal Government”, please strike out “Mayor”, and insert “Chief Magistrate”. Several lines down where it says “Mayor of Sapwuafi”, it should be “Sapwuafik” and please strike out “Mayor and insert “Luhken Kolwof”. Where is says, “Mayor of Kapinga Municipal Government”, please strike out “Mayor” and insert “Chief Magistrate”. I so move, Mr. Speaker.
Chairman Panuelo: Second.
Speaker Simina: It has been moved and seconded that the offered oral amendment by Vice Speaker Moses to the floor amendment by Senator Panuelo to C.B. No. 20-249, CD1 be adopted. The relevant rules are still suspended. Discussions? If none, debate is closed. Let’s vote. All those in favor of the adoption of the oral amendment by Vice Speaker Moses say ‘aye’ – opposed say ‘nay’. The motion is carried. We now have C.B. No. 20-249, CD1 as further amended. Any further discussion? If none, debate is closed. Let’s vote. All those in favor of the adoption of the amendment to C. B. No. 20-249, CD1 say ‘aye’ – opposed say ‘nay’. The motion is carried. The offered floor amendment to C. B. No. 20-249, CD1 has been adopted. We now have C. B. No. 20-249, CD2. Any further discussion on the bill, C. B. No. 20-249, CD2?
Vice Speaker Moses: Question.
Speaker Simina: Question has been called for. If there is no objection, debate is closed. We will now vote on the bill, C. B. No. 20-249, CD2, by Delegations. Chief Clerk.
The Chief Clerk took the roll call by States.
State of Chuuk: Chairman Aritos Aye State of Pohnpei: Chairman Panuelo
Chairman Panuelo: I defer to Vice Speaker Moses.
State of Pohnpei: Vice Speaker Moses Aye State of Kosrae: Chairman Welly Excused State of Yap: Chairman Urusemal Aye
Chief Clerk: Mr. Speaker, three States voted for.
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Speaker Simina: For that reason, C. B. No. 20-249, CD2 has been passed by Congress on Second and Final Reading. Next bill.
C.B. No. 20-151 (2nd Reading): To amend title 52 of the Code of the Federated States of Micronesia (Annotated), as amended, by adding a new section 212, to provide for Eligibility for Housing Allowance for Off- island Recruits for Public Service Sector positions within the National Government of the Federated States of Micronesia, and for other purposes.
Speaker Simina: Chairman Romolow.
Chairman Romolow: I move for the passage of the said bill, C. B. No. 20-151, on Second and Final Reading.
Chairman Panuelo: Second.
Speaker Simina: It has been moved and seconded that Congress pass C. B. No. 20-151 on Second and Final Reading. Discussions? If none, debate is closed. Let’s vote by roll call of Delegations. Chief Clerk.
The Chief Clerk took the roll call by States.
State of Chuuk: Chairman Aritos Aye State of Pohnpei: Chairman Panuelo Aye State of Kosrae: Chairman Welly Excused State of Yap: Chairman Urusemal Aye
Chief Clerk: Mr. Speaker, three States voted for.
Speaker Simina: For that reason, C. B. No. 20-151 has been passed by Congress on Second and Final Reading. Next bill.
C.B. No. 20-254 (2nd Reading): To renumber the sections created by Public Law No. 20-130 and to clarify the source of the funds deposited into the FSM Trust Fund pursuant to the new section of title 54 of the Code of the Federated States of Micronesia (Annotated), as amended, and for other purposes.
Speaker Simina: Floor Leader Harper.
Floor Leader Harper: Thank you, Mr. Speaker. I move for the passage of C. B. No. 20-254 on Second and Final Reading.
Chairman Panuelo: Second.
Speaker Simina: It has been moved and seconded that Congress pass on Second and Final Reading C. B. No. 20-254. Discussions? Short recess.
Speaker Simina declared the Congress recessed at 11:28 a.m., subject to the call of the Chair.
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RECESS
The Congress reconvened at 11:31 a.m.
Speaker Simina: Congress comes back to session. We are still on discussion of C.B. No. 20-254. Chairman Panuelo.
Chairman Panuelo: Mr. Speaker, on the background that was discussed during recess, on your behalf, I wish to offer a floor amendment to C. B. No. 20-254. It has been written and distributed. I so move for its adoption.
Floor Leader Harper: Second.
Speaker Simina: It has been moved and seconded that the offered floor amendment to C. B. No. 20-254 be adopted. The relevant rules, specifically the one profiting substantive amendment on second and final reading are suspended. I think it is short enough for Chief Clerk to read it into the record.
C.The Chief Clerk read the amendment to C. B. No. 20-254
Amendment to C. B. No. 20-254 Offered by Senator Panuelo on behalf of Speaker Simina
C.B. No. 20-254 is hereby amended to read as follows:
1. Title, line 1, delete “and” and insert “,” in lieu thereof. 2. Title, line 4, after “amended”, insert “to change the effective date of the transfer of fishing access fees into the FSM Trust Fund under section 1223 of title 55 of the Code of the Federated States of Micronesia (Annotated), as amended” 3. Page 2, line 8, delete “2018” and insert “2019” in lieu thereof.
Date: Oct. 01, 2018 Introduced by: /s/ Wesley W. Simina Wesley W. Simina
Speaker Simina: Discussion on the amendment?
Vice Speaker Moses: Mr. Speaker.
Speaker Simina: Vice Speaker Moses.
Vice Speaker Moses: Thank you, Mr. Speaker. Good morning to you, Members, and to those who are observing. I think I grasp the reason for the amendment. However, I thought we did make a commitment earlier in the session on committing that sort revenue stream into our Trust Fund, and then now this amendment comes in to move it a year later. I am just worried that we might be approaching the beginning of the next fiscal year, and then another amendment comes in that says “2020”. That is my concern. It seems as though after we made the commitment, we are now extending that commitment to another year. To me, we should have stuck with our commitment. Now we are now on second reading. I just want to register my concern on the offered floor amendment. Thank you, Mr. Speaker.
Speaker Simina: Thank you, Vice Speaker Moses. That is a valid point. We have made our commitment and with this Congress, that commitment will continue. Of course, we don’t know what will
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Oct. 01, 2018 CONGRESSIONAL JOURNAL – DAYS 13, 14, & 15 – 5RS – 20CFSM happen with the Twenty-first Congress. For this Twentieth Congress, that commitment is still there. The very reason for this, we need to address our budgetary concern whether we will run into a deficit if we do not address this. It will remain. We can still appropriate independently of this if we come down of the rest of the FY19 and we see that we still have funding available until the fiscal year. By the time we reach this, our budget will be really clear. There will be no more questions whether we will have deficit or not. But this time, because of the timing, we run into this problem of budgeting. Any further discussions?
Chairman Perman: Question.
Chairman Panuelo: Second.
Speaker Simina: It has been moved and seconded that debate be closed. If no objection, debate is closed. Let’s vote. All those in favor of the adoption of the floor amendment to C. B. No. 20-254 say ‘aye’ – opposed say ‘nay’. The motion is carried. the offered amendment is adopted. We now have C. B. No. 20- 254, CD1. Any further discussions? If none, debate is closed. Let’s vote by roll call of Delegations.
The Chief Clerk took the roll call by States.
State of Chuuk: Chairman Aritos Aye State of Pohnpei: Chairman Panuelo
Chairman Panuelo: I defer to Chairman Perman
State of Pohnpei: Senator Perman Aye State of Kosrae: Chairman Welly Excused State of Yap: Chairman Urusemal Aye
Chief Clerk: Mr. Speaker, three States voted for.
Speaker Simina: For that reason, C.B. No. 20-254, CD1 has been passed by Congress on Second and Final Reading. Next bill. Short recess.
Speaker Simina declared the Congress recessed at 11:37 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 12:03 p.m.
Speaker Simina: Congress comes back to session. Next item.
RESOLUTION CALENDAR
None
Chairman Perman: Mr. Speaker.
Speaker Simina: Chairman Perman.
Chairman Perman: Thank you, Mr. Speaker. I move to withdraw and place C.R. Nos. 20-140, 20-141, and 20-138. I so move.
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Chairman Panuelo: Second.
Speaker Simina: It has been moved and seconded that the following resolutions, C.R. Nos. 20-140, 20-141, and 20-138, be withdrawn from the Committees and placed on the Calendar for action. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. The resolutions, C.R. Nos. 20-140, 20-141, and 20-138, are now withdrawn and placed on the Resolution Calendar for action. First resolution.
C. R. No. 20-138: Expressing the sincere gratitude and appreciation to Ms. Allison M. Laffen for her dedicated service as staff attorney to the Congress Federated States of Micronesia.
Speaker Simina: Floor Leader Harper.
Floor Leader Harper: Thank you, Mr. Speaker. I move for the adoption of the said resolution, C.R. No. 20-138.
Chairman Urusemal: Second.
Speaker Simina: It has been moved and seconded that Congress adopt C.R. No. 20-138. Discussions? Read the title, Chief Clerk.
The Chief Clerk read the title of C. R. No. 20-138.
Speaker Simina: Discussions? Well, I appreciate the introducer of this resolution, Chairman Figir. I guess he is very impressed and satisfied with the works of Ms. Allison that he wanted this resolution, C.R. No. 20-138, introduced. I believe all of us join him in that observation. It is our wish and standing invitation to Ms. Laffen that anytime when she feels like assisting the FSM Congress, we will be very pleased to have her. Any further discussions?
Chairman Perman: Question.
Speaker Simina: Question has been called for. If objection, debate is closed let’s vote. All those in favor of the adoption of the resolution, C.R. No. 20-138 say ‘aye’ – opposed say ‘nay’. The motion is carried. The resolution, C. R. No. 20-138, has been adopted by Congress. Next resolution.
C. R. No. 20-140: Approving and accepting a grant in the amount of $240,000 from the U.S. Department of Health and Human Services, Public Health Services, to support and fund the FSM Family Planning Program, including all the terms and conditions of the assistance.
Speaker Simina: Chairman Perman
Chairman Perman: I so move.
Chairman Urusemal: Second.
Speaker Simina: It has been moved and seconded that Congress adopt C.R. No. 20-140. Discussions? If none, debate is closed. All those in favor of the adoption of the resolution, C.R. No. 20-140 say ‘aye’ – opposed say ‘nay’. The motion is carried. The resolution, C. R. No. 20-140, has been adopted by Congress. Next resolution.
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C. R. No. 20-141: Authorizing the President to resubmit the nomination of Mr. Tulensru E. Waguk to serve as a member of the Board of Regents of the College of Micronesia-FSM, representing the state of Kosrae.
Speaker Simina: Chairman Urusemal.
Chairman Urusemal: I so move, Mr. Speaker.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that Congress adopt C.R. No. 20-141. Discussions?
Vice Speaker Moses: Mr. Speaker.
Speaker Simina: Vice Speaker Moses.
Vice Speaker Moses: Thank you, Mr. Speaker. The resolution, C. R. No. 20-141, was introduced, with all due respect to the Chairman of Education; I believe the person is very qualified. He possesses the necessary credentials to be a member of the Board of Regents of the College of Micronesia-FSM. The way this individual was not confirmed by Congress was due to, I feel, very unfortunate reasons. I believe that if President so wishes to resubmit this individual’s name, I think between now and the special session, it will give members of the Committee, including the Chairman time to work with Members so that the outcome may defer from this session’s outcome. I ask Members that we pass this resolution and I hope that the President submits it before the next session of Congress. Thank you, Mr. Speaker.
Speaker Simina: Thank you, Vice Speaker Moses.
Floor Leader Harper: Mr. Speaker.
Speaker Simina: Floor Leader Harper.
Floor Leader Harper: Thank you, Mr. Speaker. I just want to point out that this individual is one of the very few that have obtained their Ph.D. Degree. I believe it would be very embarrassing if we don’t prove this guy to be the recipient of the Board of Regents for COM-FSM. It will be also an embarrassment to this individual who has his highest degree, but this Congress will not receive him. Thank you.
Speaker Simina: Thank you, Floor Leader Harper for pointing out some information. If there is no further discussion on the resolution, C.R. No. 20-141, debate is closed. Let’s vote. All those in favor of the adoption of the resolution, C.R. No. 20-141 say ‘aye’ – opposed say ‘nay’. The motion is carried. The resolution, C. R. No. 20-141, has been adopted by Congress. Next resolution.
Chief Clerk: There are none, Mr. Speaker.
Chairman Urusemal: Mr. Speaker.
Speaker Simina: Chairman Urusemal.
Chairman Urusemal: Thank you, Mr. Speaker. I move that this Congress reconsider C.R. No. 20-124, CD1. I so move.
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Floor Leader Harper: Second.
Chairman Urusemal: Short recess.
Speaker Simina declared the Congress recessed at 12:12 p.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 12:15 p.m.
Speaker Simina: Congress comes back to session. Restate your motion, Chairman Urusemal so we can give track of it.
Chairman Urusemal: Thank you, Mr. Speaker. I move that Congress reconsider its action on C.R. No. 20-124, CD1.
Floor Leader Harper: Second.
Speaker Simina: It has been moved and seconded that Congress reconsider its action on C.R. No. 20-124, CD1. Discussion?
Vice Speaker Moses: Mr. Speaker.
Speaker Simina: Vice Speaker Moses.
Vice Speaker Moses: Has that resolution, C. R. No. 20-124, been transmitted to the President’s Office or whoever gives the resolutions?
Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 12:16 p.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 12:16a.m.
Speaker Simina: Congress comes back to session. The motion for reconsideration is not subject to debate. Let’s vote. All those in favor of the reconsideration of our action on C. R. No. 20-124, CD1 say ‘aye’ – opposed say ‘nay’. The motion is carried. Our action has now been reconsidered. We have C.R. No. 20-124, CD1 on the Calendar. Short recess.
Speaker Simina declared the Congress recessed at 12:17 p.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 12:17 p.m.
Speaker Simina: Congress comes back to session. Chairman Urusemal.
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Chairman Urusemal: Thank you, Mr. Speaker. I move that C.R. No. 20-124, CD1 be recommitted to the Committee on Education.
Vice Speaker Moses: Second.
Speaker Simina: It has been moved and seconded that C. R. No. 20-124, CD1 be recommitted to the Committee on Education. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. The resolution, C. R. No. 20-124, CD1, has been recommitted to the Committee on Education. Next resolution.
Chief Clerk: There are none, Mr. Speaker.
INTRODUCTION OF BILLS
C. B. No. 20-247: Introduced by: Vice Speaker Moses Assigned to: W&M Date introduced: September 25, 2018
To amend Public Law No. 20-125, by amending sections 4 and 6 thereof, by changing the use and allottee of certain funds previously appropriated therein to fund public projects and social programs for the people of the state of Pohnpei, and for other purposes.
C. B. No. 20-248: Introduced by: Senator Figir Assigned to: W&M Date introduced: September 25, 2018
To appropriate $64,819,927 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2019, to provide funding for the operations of all branches of the National Government of the Federated States of Micronesia, its agencies, various programs, grants, subsidies and contributions and Capital and Human Resources Development, and for other purposes.
C. B. No. 20-249: Introduced by: Senator Panuelo Assigned to: W&M Date introduced: September 25, 2018
To appropriate the sum of $11,750,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2019, for the purpose of funding priority infrastructure projects and other projects and programs in the states of Yap, Kosrae, Pohnpei and Chuuk, and for other purposes.
C. B. No. 20-250: Introduced by: Senator Gouland Assigned to: J&GO Date introduced: September 20, 2018
Directing the President of the Federated States of Micronesia, or his designee, that in accordance with section 2 of Article XIV of the Constitution of the Federated States of Micronesia that at least every ten years the question: “Shall
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there be a convention to revise or amend the Constitution?” be submitted to the people in a general election, such question shall be submitted to the people in the general election to be held on March 5, 2019, as was submitted in 2001, and for other purposes.
C. B. No. 20-251: Introduced by: Senator Figir Assigned to: W&M Date introduced: September 26, 2018
To further amend sections 1015 and 1019 of title 37 of the Code of the Federated States of Micronesia (Annotated), as enacted by Public Law No. 18-71, for the purpose of requiring ninety percent (90%) of the tax on all premiums collected from captive insurance companies in a fiscal year to be deposited into the FSM Trust Fund, and for other purposes.
C. B. No. 20-252: Introduced by: Senator Gouland Assigned to: W&M Date introduced: September 26, 2018
To further amend section 12 of Public Law No. 20-42, as amended by Public Law Nos. 20-64, 20-67, 20-83, 20-94 and 20-103 to designate a new allottee for a certain line item, and for other purposes.
C. B. No. 20-253: Introduced by: Senator Gouland Assigned to: W&M Date introduced: September 26, 2018
To further amend Public Law No. 19-124, as amended by Public Laws Nos. 19- 133, 19-140, 19-150, 20-05, 20-15, 20-33, 20-48, 20-63 and 20-71, by amending section 4 thereof, to change the use of certain funds previously appropriated therein, to fund priority infrastructure projects and other programs in the state of Pohnpei, and for other purposes.
C.B. No. 20-254: Introduced by: Senator Figir Date: September 28, 2018 Assigned to: W&M
To renumber the sections created by Public Law No. 20-130 and to clarify the source of the funds deposited into the FSM Trust Fund pursuant to the new section of title 54 of the Code of the Federated States of Micronesia (Annotated), as amended, and for other purposes.
INTRODUCTION OF RESOLUTIONS
C. R. No. 20-135: Introduced by: Senator Figir Assigned to: None Date introduced: September 25, 2018
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Setting the ceiling of the total funds estimated to be available for appropriation from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2019.
C. R. No. 20-136: Introduced by: Floor Leader Harper (By request) Assigned to: H&SA Date introduced: September 25, 2018
Approving and accepting a grant in the amount of $1,437,107 from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, including all the terms and conditions of the assistance.
C. R. No. 20-137: Introduced by: Floor Leader Harper (By request) Assigned to: H&SA Date introduced: September 25, 2018
Approving and accepting a grant in the amount of $666,397 from the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, to provide funding to the Federated States of Micronesia, Department of Health and Social Affairs for prevention and treatment services related to substance abuse for the budget period from October 01, 2018, to September 30, 2019, including all the terms and conditions of the assistance.
C. R. No. 20-138: Introduced by: Senator Figir Assigned to: None Date introduced: September 27, 2018
Expressing the sincere gratitude and appreciation to Ms. Allison M. Laffen for her dedicated service as staff attorney to the Congress Federated States of Micronesia.
C.R. No. 20-139: Introduced by: Floor Leader Harper (By request) Date: September 28, 2018 Assigned to: R&D
Approving and accepting a non-project grant aid from the Government of Japan in the in the amount of 200,000,000 Japanese Yen, to the Government of the Federated States of Micronesia, for the promotion of economic and social development programs, including all the terms and conditions of the assistance.
C.R. No. 20-140: Introduced by: Floor Leader Harper (By request) Date: September 28, 2018 Assigned to: H&SA
Approving and accepting a grant in the amount of $240,000 from the U.S. Department of Health and Human Services, Public Health Services, to support and fund the FSM Family Planning Program, including all the terms and conditions of the assistance.
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MISCELLANEOUS COMMUNICATIONS
-No. 20-32 - (Dated and received 09/25/18) – From Mr. Manuel G. Yoma and Mr. Alfred Ansin, submitting a trip report on the course “Corporate Management of Parliaments” offered by McGill University from Canada, in Suva, Fiji, 3-14 September 2018.
-No. 20-33 - (Dated and received 09/25/18) – From Liwiana Ramon Ioanis, Chief Clerk, 20th FSM Congress, submitting brief summaries and reports on the activities of August 27-31, 2018 (8th NWC), August 29, 2018 (Presentation to Congress on Temporary Special Measures (TSM), September 13, 2018 (Launching of the SLIP project and the Workshop on Committees functions and discussions between members of Congress, Dr. Robert A. Underwood, staff of Hawaii State Senate and Congress staff, and UNDP representative.)
-No. 20-34 - (Dated and received 09/28/18) – From Mr. Paul Hadik, CEO, PREL, requesting for a time for a courtesy call.
Speaker Simina: Assign those Communications, Chief Clerk. Next item.
MISCELLANEOUS BUSINESS
Speaker Simina: Do you have any miscellaneous business?
Chairman Panuelo: Mr. Speaker.
Speaker Simina: Chairman Panuelo.
Chairman Panuelo: Mr. Speaker, under Miscellaneous Business, I wish to share some news. Maybe some of you have picked it up. This is a very important one for our citizens. Just viewing C-Span, I think some of you have picked up the issue. We have dealing with the issue of the REAL ID ACT. In the United States, the House of Representative has passed unanimously the modification to that bill. I think it is HR 33-98. It is unanimously passed dealing with the temporary license by our citizens. This act, I believe, is sponsored by the House of Representative, is it Donyoung, from Alaska?
Speaker Simina: Yes, from Alaska.
Chairman Panuelo: And it is co-sponsored by Hanabusa. I picked this up and maybe some of you have read it. It still has to go through senate and by the President. By the look of it, it is moving through the House of Representative. It is a positive one. I just want to share this for those who haven’t read the news. Most citizens are applying for Driver’s License. Even when I renewed my Washington Driver’s License, it became one year. So, I hope by this modification, they are talking about FSM, Palau and RMI, when it all goes through the U.S. Congress and sign by the President, it is a technical modification, they call it, to restore the citizens of the FAS Countries to have full-time ID, such as Driver’s License. It will help with the issue of employment and economic opportunity in the U.S. I know, you have picked it up, Mr. Speaker, but those citizens who are not catching this. I think it is an important move. I hope that our embassies in the U.S., Washington D.C., both embassies of our freely associated states are following this so that we can double lobbying with the senate so that this can be passed in the senate and become law when the President of the U.S. signs it. This is one of the issues that our citizens have been complaining about and I think this is a very good news and worth sharing. I hope that work will continue by our embassies, including citizens
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Oct. 01, 2018 CONGRESSIONAL JOURNAL – DAYS 13, 14, & 15 – 5RS – 20CFSM who are lobbying, the respective leaders in the U.S., especially in Washington D.C. at this time. Thank you, Mr. Speaker.
Speaker Simina: Thank you, Chairman Panuelo for that information. Short recess.
Speaker Simina declared the Congress recessed at 12:22 p.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 12:24 p.m.
Speaker Simina: Congress comes back to session. We are still on the Miscellaneous Business.
Floor Leader Harper: Mr. Speaker.
Speaker Simina: Yes.
Floor Leader Harper: Thank you, Mr. Speaker. Just a very small miscellaneous business. I believe many of us are still wondering as to the cause of the Air New Guinea going down in the water of Chuuk, close to the airport. As of this morning, someone was on Facebook saying that there is a coastguard ship or navy ship in Chuuk trying to get down to the sinking plane to get what they call black box, the particular item that experts analyse to find out the exact problem of any troubled plane. Hopefully tomorrow or soon we will be able to find out the real cause of the problem of the plane. Thank you.
Speaker Simina: Thank you, Floor Leader Harper. I hope they do get the black box, voice recorder or whatever evidence they can get from that plane. Any other miscellaneous business? If none, next item.
ANNOUNCEMENTS
Speaker Simina: Well, we’ll just go from right to left. Senator Neth. Vice Speaker Moses. Chairman Perman.
Chairman Perman: I would like to thank the Members who ordered lunch for today. Thank you.
Speaker Simina: Senator Aritos. Chairman Romolow. Chairman Panuelo.
Chairman Panuelo: No announcements, Mr. Speaker. Thank you.
Speaker Simina: Senator Konman.
Senator Konman: No announcements, Mr. Speaker. Thank you.
Speaker Simina: Chairman Urusemal.
Chairman Urusemal: Thank you, Mr. Speaker. Your Committee on Education is contemplating an oversight hearing on Wednesday afternoon, 1:30 p.m., with the Department of Education relating to issues that are pending with the Committee, including a bill to authorize them to look at a postsecondary and the issue about the invisible proposal for PATS and other issues that Members can bring up for the meeting. I say contemplating for Wednesday at 1:30 p.m., pending – I don’t know how many of us are going to run out of here after today. Thank you, Mr. Speaker.
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Speaker Simina: Thank you, Chairman Urusemal. No one is going to run away. Take note, members of Education Committee of the hearing. Floor Leader Harper, announcements and then your usual motion.
Floor Leader Harper: Mr. Speaker, no announcement from this chair, but I am just wondering as when we will meet our staff who is coming from Chuuk. Mr. Speaker, if there is no objection, I move that we stand in recess until 10:00 a.m. tomorrow.
Chairman Panuelo: Second.
Speaker Simina: It has been moved and seconded that Congress stand in recess until tomorrow at 10:00 a.m., in the morning. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. We will now stand in recess until 10:00 a.m., tomorrow morning.
Speaker Simina declared that the Congress stand in recess at 12:28 p.m., Monday, October 01, 2018, until tomorrow, Tuesday, October 02, 2018, at 10:00 a.m.
Respectfully submitted,
Liwiana Ramon Ioanis Chief Clerk
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CONGRESSIONAL JOURNAL TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIFTH REGULAR SESSION
DAY SIXTEEN Tuesday, October 02, 2018
The Sixteenth Day or the Closing Day of the Fifth Regular Session of the Twentieth Congress of the Federated States of Micronesia was called to order at 10:20 a.m., Tuesday, October 02, 2018.
Speaker Wesley W. Simina presided.
A moment of silent prayer was observed.
The Chief Clerk called the roll. Ten Members were present; Senator Alik, Senator Figir, Senator Gouland, and Senator Welly were excused.
Floor Leader Harper moved to dispense with the reading of the Journal; Senator Urusemal seconded, and the motion carried by voice vote.
PRESIDENTIAL COMMUNICATIONS
None
FSM SUPREME COURT COMMUNICATIONS
None
MEMBER COMMUNICATIONS
None
DEPARTMENTAL COMMUNICATIONS
None
AGENCY OR GOVERNMENTAL AUTHORITY COMMUNICATIONS
None
STATE COMMUNICATIONS
-No. 20-27 - (Dated 09/27/18 and received 10/01/18) – From Mr. Elieus Akapito, IPIC Secretariat, transmitting Chuuk State IPIC Resolution No. 04-2018, which was adopted by the Chuuk State IPIC on September 26, 2018 and approved by Governor Elimo. [For the subject matter see the copy of the Resolution in the package this morning.
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Speaker Simina: Assign that, Chief Clerk. Next item.
STATE SUPREME COURT COMMUNICATIONS
None
MUNICIPAL OR TOWN COMMUNICATIONS
None
FOREIGN GOVERNMENT COMMUNICATIONS
None
ORDER OF THE DAY
STANDING COMMITTEE REPORTS
None
SPECIAL COMMITTEE REPORTS
None
ASSIGNMENT OF MEASURES AND COMMUNICATIONS
The Chief Clerk called attention to Referral Sheet No. 20-89.
TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIFTH REGULAR SESSION September 17, 2018 TO October 06, 2018
COMMITTEE REFERRAL
REFERRAL SHEET NO. 20-89, DAY 16,TUESDAY, 10/02/18, AT 10:00 A.M.
C.R. NO. SUBJECT COMMITTEE 20-141 Authorizing the President to resu bmit the nomination of Mr. EDUC. Tulensru E. Waguk to serve as a member of the Board of Regents of the College of Micronesia-FSM, representing the state of Kosrae. 20-142 To confirm the nomination of Dr. Elizabeth Iehsi Keller to H&SA serve as a member of the FSM MiCare Board of Directors representing the state of Pohnpei. 20-143 To confirm the nomination of Mr. Grilly Jack to serve as a R&D member of the National Oceanic Resource Management Authority (NORMA) Board of Directors, representing the National Government.
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PRESIDENTIAL SUBJECT COMMITTEE COMM. NO. 20-335 (Dated 09/27/18 and received 09/28/18) – Nominating Dr. H&SA Elizabeth Iehsi Keller to serve as a member of the FSM MiCare Board representing the State of Pohnpei. 20-336 (Dated 09/27/18 and received 09/28/18) – Designating INFO. Congressional Act No. 20-101, as Public Law No. 20-130: “To further amend title 55 of the Code of the Federated States of Micronesia (Annotated), as amended, by adding a new section 1222 for the purpose of requiring twenty percent (20%) of all National Government fishing fees collected in a fiscal year to be deposited into the FSM Trust Fund, and to add a new section 324 of title 54 of the Code of the Federated States of Micronesia (Annotated), as amended, for the purpose of requiring fifty percent (50%) of the tax on all premiums collected from captive insurance companies in a fiscal year to be deposited into the FSM Trust Fund, and for other purposes.” 20-337 (Dated 09/27/18 and received 09/28/18) – Designating INFO. Congressional Act No. 20-130, as Public Law No. 20-131: “FY 2019 Budget for the National Government.” 20-338 (Dated 09/27/18 and received 09/28/18) – Designating INFO. Congressional Act No. 20-128, as Public Law No. 20-132: “To further amend Public Law No. 20-53, as amended by Public Laws Nos. 20-57, 20-61, 20-69, 20-91 and 20-96, by amending sections 3 and 5 thereof, to change the use and allottee of funds previously appropriated therein, for the purpose of funding priority infrastructure projects and other projects and programs in the state of Pohnpei, and for other purposes. 20-339 (Dated 09/27/18 and received 09/28/18) – Designating INFO. Congressional Act No. 20-127, as Public Law No. 20-133: “To amend Public Law No. 20-93, as amended by Public Laws Nos. 20-93 and 20-120, by amending section 1 thereof, to change the use of funds previously appropriated therein, to fund priority infrastructure projects and other public projects and social programs in the state of Kosrae, and for other purposes.” 20-340 (Dated 09/25/18 and received 09/28/18) – Re-nominating Mr. R&D Grilly Jack to serve on the NORMA Board of Directors, representing the National Government. AGENCY OR SUBJECT COMMITTEE GOVERNMENTAL AUTHORITY COMM.NO. 20-56 (Dated 09/26/18 and received 09/28/18) – From Mr Eugene R&D/INFO. Pangelinan, Executive Director, NORMA, informing Congress that the Authority is scheduled to hold its bilateral fisheries consultations with Korea and Taiwan in Guam from October 18-23, 2018.
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20-57 (Dated and received 09/27/18) – From Mr Eugene R&D/INFO. Pangelinan, Executive Director, NORMA, information members of Congress that the fifteenth annual session of the Western and Central Pacific Fisheries Commission will be held in Honolulu from December 10-14, 2018, at the Hawaii Convention Center. MISCELLANEOUS SUBJECT COMMITTEE COMM. NO. 20-32 (Dated and received 09/25/18) – From Mr. Manuel G. Yoma INFO. and Mr. Alfred Ansin, submitting a trip report on the course “Corporate Management of Parliaments” offered by McGill University from Canada, in Suva, Fiji, 3-14 September 2018. 20-33 (Dated and received 09/25/18) – From Liwiana Ramon INFO. Ioanis, Chief Clerk, 20th FSM Congress, submitting brief summaries and reports on the activities of August 27-31, 2018 (8th NWC), August 29, 2018 (Presentation to Congress on Temporary Special Measures (TSM), September 13, 2018 (Launching of the SLIP project and the Workshop on Committees functions and discussions between members of Congress, Dr. Robert A. Underwood, staff of Hawaii State Senate and Congress staff, and UNDP representative). 20-34 (Dated, and received 09/28/18) – From Mr. Paul Hadik, CEO, INFO. PREL, requesting for a time for a courtesy call.
Speaker Simina: Chairmen and members, take note of that for your planning purposes. Next item.
UNFINISHED BUSINESS
None
BILL CALENDAR
None
Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 10:23 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 10:33 a.m.
Speaker Simina: Congress comes back to session. We are still on the Bill Calendar. Floor Leader Harper.
Floor Leader Harper: Thank you, Mr. Speaker. I move that we reconsider our action on C.B. No. 20-250, CD1.
Chairman Panuelo: Second.
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Speaker Simina: It has been moved and seconded that Congress reconsider its action on Second and Final Reading on C. B. No. 20-250, CD1. That is not subject to debate but it requires at least three votes of the delegations in order for us to reconsider. Chief Clerk, call the roll of the Delegations.
The Chief Clerk took the roll call by States.
State of Chuuk: Chairman Aritos Aye State of Pohnpei: Chairman Panuelo
Chairman Panuelo: Mr. Speaker, I am in the mood of deferring to the members of the Pohnpei Delegation, so today is Vice Chairman Neth’s turn to cast our good votes. Vice Chairman Neth, please do cast for our delegation vote.
State of Pohnpei: Senator Neth Aye State of Kosrae: Chairman Welly Excused State of Yap: Chairman Urusemal Aye
Chief Clerk: Mr. Speaker, three States voted for reconsideration of C.B. No. 20-250, CD1.
Speaker Simina: For that reason, our reconsideration is adopted. The bill, C.B. No. 20-250, CD1, is back on the Bill Calendar for action. Floor Leader Harper.
Floor Leader Harper: Mr. Speaker, I move for passage of C.B. No. 20-250, CD1 on Second and Final Reading.
Chairman Panuelo: Second.
Speaker Simina: It has been moved and seconded that C. B. No. 20-250, CD1 on Second and Final Reading by passed by Congress. Discussions? Chairman Romolow, do you have anything you want to say on the record?
Chairman Romolow: Thank you, Mr. Speaker. Again, I don’t have a problem with giving it to the people for calling it for Constitutional Convention. I fully support it. But, my concern now is that we have acted upon this bill, C.B. No. 20-250, CD1, with that understanding and agreed that we will take it up to the people in the year 2021. With the information that we get, which also being factor into what action is now taking that we will put it on the upcoming general election doesn’t land right in my mind. The information that we get is coming from the Chuuk State Leadership, informing us that if this Constitutional Convention were put to the people this upcoming election, then the Chuuk movement to secede would be postponed. I hope they stick with their word not to use this bill, C.B. No. 20-250, CD1, from this movement that they have been aggressively from years to years acting to move on the secession movement. I would support, but would also put the task with us, the members of your delegation from Chuuk, to work closely with the leadership that what we have agreed, they have informed us would carry on. I am just hoping that they come forward with and stick with what they tell us now. Thank you.
Speaker Simina: Thank you, very much, Chairman Romolow. Well put. Of course, all we can tell them is that this is our responsibility. We have to put this question to the people after ten years. Whether they use that for whatever reason, that is up to them. But for us, this is our responsibility under the FSM Constitution. But I understand we need to talk to them about their commitment to what they have been telling us.
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Chairman Perman: Mr. Speaker.
Speaker Simina: Chairman Perman.
Chairman Perman: Thank you, Mr. Speaker. Good morning to you, Members, Vice Speaker, and to all who are observing our session this morning. Mr. Speaker, my and I hope the Committee on the JCRP is listening live because they are not here in the gallery, hoping that if we are going to put in to vote, as soon as possible, whatever recommendations coming from them – and that is the reason why I am supporting earlier, so they can speed up the process or the work of the JCRP, trying to put something together. If the people voted yes, their recommendation will be needed. Whatever recommendation coming from that committee should be here already, in case, if that is going to be another convention. Thank you, Mr. Speaker.
Speaker Simina: Thank you, Chairman Perman. I will allow Chairman Panuelo to represent us when it comes to JCRP matters.
Chairman Panuelo: Thank you, Mr. Speaker. Good morning to you and all Members, and to those who are observing our session. Mr. Speaker, you know, I was thinking earlier that it is a good practice is our law-making body can allow what we speak during recess, sometimes on these important issues to be recorded, then our public that we are representing can understand the extent to which our intentions are on the very prominent issues that are facing our nation. On this particular topic, I will speak how I feel about it as a member of Congress. I support that amendment that you have put on the bill to call for a constitutional convention. Number one, I think as a law-making body, we owe to our citizens to have another constitutional convention and have them decide on it before it comes back to Congress. Sometime back, I believe, when I was a chairman of J&GO, we did try to have a congressional act to call for another question to go the people to ask about holding constitutional convention. I think at the time, some of us, members, thought we did not have enough money in the budget so that was deferred. So, the amendment to bring it back from March 2021 to March 2019, I think, is a good one because it should not be hold by the convenience of Members but that we must uphold with the constitution. And what the constitution said, we must go forward with it. On the question of JCRP, I believe, the Committee has been preparing just for the information of the good Chairman of Health and Social Affairs. Almost every session that Congress holds, the JCRP had parallel meetings. In the earlier meetings, Chairman Perman, the organization of JCRP, as you are well aware has been happening. I think the latest one that was held during this session, there are more substantive issues that were brought up by JCRP including, of course preparing the budget, the pillars that have been brought forward by the economist in dissecting it and meeting with communities around the FSM. I think the pillar one is almost completed with very thorough recommendations to the nation. In the budget, we also prepared for the eventual holding of the actual negotiations with the U.S. That is probably going to happen in the FY19. I think it is also the intention of the group to bring the proposed amendment to this body. So, we look forward to reviewing those after we will consult it to the President in due time. Mr. Speaker, to come back to the issue of Chuuk secession, I have been, maybe not vocally, but I have expressed my views in the past about this as a person working with our Department of Foreign Affairs earlier and then a member of Congress today. I really do support the cohesiveness of our nation to see that all four states can carry forward, and if we have political issues of difference and advocating that one state secede from our nation, of course this is a democratic process. And if it has to happen, it must happen. My view on the Chuuk secession is that if the secession must go forward, it is my sense that it will be defeated, because I think a lot of our citizens and mainly Chuukese citizens are aware of the issues of our compact of free association, how we are at the United States and any other action that would probably trying to divide our states to have one leave the nation. My view, it would be not so wise of an action. My view is that Chuuk citizens would defeat that one. I would say, “What do I know?” But that is my sense, Mr. Speaker. If we bring back the issue of calling for Constitutional Convention in the next general election, the closest,
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Oct. 02, 2018 CONGRESSIONAL JOURNAL – DAY SIXTEEN – 5RS – 20CFSM that is a good one by our law-making body. If Chuuk decides to postpone, I think it will give the population more time to digest the issue, more time to meet the citizens and work out whatever differences are there. That is my view on it. I support the amendment and the passage of the bill, C. B. No. 20-250, CD1. Thank you, Mr. Speaker.
Speaker Simina: Thank you, Chairman Panuelo for enlightening the discussion. Vice Speaker Moses?
Vice Speaker Moses: Thank you, Mr. Speaker. Good morning to you, Members, and to those who are observing. I believe it is in the constitution that the question will be presented to the general population of the constitutional convention. The question is supposed to be sent to the public every ten years. Since 1979, the first one was in 1990; the second one was in 2001. Since 2001, we haven’t had any question out to the people. I believe it is eighteen, nineteen, going on 20 years now. Since the question was put out several years back, but was never acted upon Congress so we are putting it out again. With regards to Chuuk movement, there are serious concerns that have cost the movement to gain some momentum. I don’t believe that we should pass this amendment to the bill, C.B. No. 20-250, CD1, just to defer their actions in Chuuk. What we should do is to provide another opportunity or another avenue through a constitutional convention in which the representative from Chuuk can state their case and their needs be amendment to the FSM Constitution that would the concerns, I believe we should put it out as soon as possible and so I agree with the amendment. Thank you, Mr. Speaker. Therefore, I move for the previous question.
Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at a.m.
Speaker Simina: Congress comes back to session.
Vice Speaker Moses: Mr. Speaker, I withdraw that motion I made earlier.
Speaker Simina: If there is no objection, the motion for previous question by Vice Speaker Moses has been withdrawn by himself. We are still on discussion of the bill, C.B. No. 20-250, CD1. Floor Leader Harper.
Floor Leader Harper: Thank you, Mr. Speaker. Before I offer the amendment to the bill, C.B. No. 20-250, CD1, I just want to take this opportunity to say my gratefulness to my brother here for all the words of wisdom that he has shared with us during the recess. I believe they are very convincing to Pohnpei and even Chuuk so I believe we will have three votes on this. If I am correct, Mr. Speaker, I would like to offer an amendment wherever on the bill, where it says March 2021, it should be inserted March 2019. I so move, Mr. Speaker.
Chairman Panuelo: Second.
Speaker Simina declared the Congress recessed at 10:55 a.m., subject to the call of the Chair.
RECESS
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The Congress reconvened at 10:57 a.m.
Speaker Simina: Congress comes back to session. Floor Leader Harper, you still have the floor.
Floor Leader Harper: Thank you, Mr. Speaker. I would like to restate my motion for the amendment. On the second line to the last, in the title, originally, there was no 5th in the date of election. So, delete “2021” and insert “2019”. The whole phrase there where it says, “as was submitted in 2001” should be deleted. Down to the body of the bill, line 7, delete “2021”, and insert “2019”, and that “5” should remain there. I so move, Mr. Speaker.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that the offered oral amendment to C.B. No. 20- 250, CD1 by Floor Leader Harper be adopted. The relevant rules, specifically the one prohibiting substantive amendment on Second and Final Reading are still suspended, if there is no objection to that. Discussion of the offered oral amendment? If none, let’s vote. All those in favor of the adoption of the oral amendment by Floor Leader Harper say ‘aye’ – opposed say ‘nay’. The motion is carried. The oral amendment is adopted. We, now, have C. B. No. 20-250, CD2. Any further discussions of C.B. No. 20-250, CD2? If none, debate is closed. The vote will be by roll call of Delegations. Chief Clerk.
The Chief Clerk took the roll call by States.
State of Chuuk: Chairman Aritos Aye State of Pohnpei: Chairman Panuelo Aye State of Kosrae: Chairman Welly Excused State of Yap: Chairman Urusemal Aye
Chief Clerk: Mr. Speaker, three States voted for.
Speaker Simina: The bill, C. B. No. 20-250, CD2, has been passed by Congress on Second and Final Reading. Next bill.
Chief Clerk: There are none.
Speaker Simina: Next item.
RESOLUTION CALENDAR
None Chairman Romolow: Mr. Speaker.
Speaker Simina: Chairman Romolow.
Chairman Romolow: Thank you, Mr. Speaker. I move to withdraw C.R. No. 20-119 and place it on the Resolution Calendar for action.
Floor Leader Harper: Second.
Speaker Simina: It has been moved and seconded that C. R. No. 20-119 be withdrawn and placed on today’s Calendar for action. Short recess.
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Oct. 02, 2018 CONGRESSIONAL JOURNAL – DAY SIXTEEN – 5RS – 20CFSM
Speaker Simina declared the Congress recessed at 11:01 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:12 a.m.
Speaker Simina: Congress comes back to session. Chairman Romolow, restate your motion.
Chairman Romolow: Thank you, Mr. Speaker. I move to withdraw and place C.R. No. 20-119 on the Calendar for action. I so move.
Floor Leader Harper: Second.
Speaker Simina: It has been moved and seconded that C. R. No. 20-119 be withdrawn from the Committee and place on the Calendar for action. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. The resolution, C.R. No. 20-119, is now placed on the Resolution Calendar for action. Short recess.
Speaker Simina declared the Congress recessed at 11:13 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:13 a.m.
Speaker Simina: Congress comes back to session. Chairman Romolow.
Chairman Romolow: I make a motion to adopt C.R. No. 20-119.
Floor Leader Harper: Second.
Speaker Simina: It has been moved and seconded that C. R. No. 20-119 be adopted by Congress. Discussions?
Floor Leader Harper: Mr. Speaker.
Speaker Simina: Floor Leader Harper.
Floor Leader Harper: Thank you, Mr. Speaker. If I may not offend my colleague, Chairman Romolow, I would like to make a motion to defer this resolution, C.R. No. 20-119, to tomorrow so that our delegation can meet and try to resolve our own problem. Thank you.
Chairman Panuelo: Second.
Speaker Simina: It has been moved and seconded that C. R. No. 20-119 be deferred to tomorrow’s session. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. The resolution, C.R. No. 20-119, is deferred to tomorrow’s session.
Speaker Simina declared the Congress recessed at 11:14 a.m., subject to the call of the Chair.
RECESS
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Oct. 02, 2018 CONGRESSIONAL JOURNAL – DAY SIXTEEN – 5RS – 20CFSM
The Congress reconvened at 11:18 a.m.
Speaker Simina: Congress comes back to session. We are still on the Resolution Calendar. Chairman Romolow.
Chairman Romolow: I make a motion to reconsider action on the motion to defer the resolution, C.R. No. 20-119.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that we reconsider our action on the motion to defer C. R. No. 20-119. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. The motion to defer is reconsidered. Chairman Romolow.
Chairman Romolow: I make a motion to table C.R. No. 20-119.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that we table C.R. No. 20-119. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. The resolution, C.R. No. 20-119, is tabled. Next resolution.
Chief Clerk: There are none, Mr. Speaker.
Speaker Simina: Next item.
INTRODUCTION OF BILLS
None
INTRODUCTION OF RESOLUTIONS
C.R. No. 20-141: Introduced by: Senator Moses Date: October 1, 2018 Assigned to: EDUC
Authorizing the President to resubmit the nomination of Mr. Tulensru E. Waguk to serve as a member of the Board of Regents of the College of Micronesia-FSM, representing the state of Kosrae.
C.R. No. 20-142: Introduced by: Floor Leader Harper Date: October 1, 2018 Assigned to: H&SA
To confirm the nomination of Dr. Elizabeth Iehsi Keller to serve as a member of the FSM MiCare Board of Directors representing the state of Pohnpei.
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Oct. 02, 2018 CONGRESSIONAL JOURNAL – DAY SIXTEEN – 5RS – 20CFSM
C.R. No. 20-143: Introduced by: Floor Leader Harper (By request) Date: October 1, 2018 Assigned to: R&D
To confirm the nomination of Mr. Grilly Jack to serve as a member of the National Oceanic Resource Management Authority (NORMA) Board of Directors, representing the National Government.
MISCELLANEOUS COMMUNICATIONS
None
MISCELLANEOUS BUSINESS
Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 11:20 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:21 a.m.
Speaker Simina: Congress comes back to session. Floor Leader Harper.
Floor Leader Harper: Thank you, Mr. Speaker. Before I make any motion for adjournment sine- die, I wish to take this opportunity to express on behalf of all us, Members, our sincere gratitude to all our staff for all the good and hard work they have put into our regular session, which makes it a very successful session; also, on behalf of the Presiding Officers, I would like to extend the same to all the honorable members for their hard work and their diligent every day to make sure that things are done as we, especially you, Mr. Speaker as you want us to do. For that, I thank everybody who has taken up their time, interest, and hard work to put in everything to make sure this session is a successful one. Mr. Speaker, if I may not be out of order –
Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 11:23 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:24 a.m.
Speaker Simina: Congress comes back to session. Floor Leader Harper.
Floor Leader Harper: Thank you, Mr. Speaker. Before I make the appropriate motions, I was forced by my brother here to continue my words of appreciations especially to the leaving Attorney Allison. I wish to take this opportunity to thank you Allison for all the good works that you have done with Congress. We hope that in the future you will be able to come back and assist us as you have been doing these days. Mr. Speaker, I move that all the Journals from day one to today be engrossed by our appropriate staff and be reviewed and approved by our Presiding Officers.
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Oct. 02, 2018 CONGRESSIONAL JOURNAL – DAY SIXTEEN – 5RS – 20CFSM
Chairman Urusemal: Second.
Speaker Simina: It has been moved and seconded that all of our records, specifically the Journals, while we are not in session shall be previewed and approved by our Presiding Officers. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. So be it.
Floor Leader Harper: Mr. Speaker.
Speaker Simina: Floor Leader, continue.
Floor Leader Harper: Thank you, Mr. Speaker. Without any objection, I move that this Regular Session adjourn sine-die.
Chairman Urusemal: Second.
Speaker Simina: It has been moved and seconded that the Fifth Regular Session of the Twentieth Congress be adjourned sine-die. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. Let’s all rise. Pursuant to the vote of Congress, I hereby declare the Fifth Regular Session of the Twentieth Congress adjourn sine-die.
Speaker Simina declared that the Congress adjourn sine-die at 11:26 a.m., Tuesday, October 02, 2018.
Respectfully submitted,
Liwiana Ramon Ioanis Chief Clerk
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20th CONGRESS of the Federated States of Micronesia
FIFTH REGULAR SESSION
Standing Committee Reports
253
STANDING COMMITTEE REPORT NO. 20-76
RE: PRESIDENTIAL COMMUNICATION NO. 20-211
SUBJECT: FY 2019 RECOMMENDED BUDGET/EXAFF
SEPTEMBER 17, 2018
The Honorable Wesley Simina Speaker, Twentieth Congress Federated States of Micronesia Fifth Regular Session, 2018
Dear Mr. Speaker:
Your Committee on External Affairs to which was jointly referred Presidential Communication No. 20-211 transmitting the National Government’s proposed fiscal year 2019 budget, begs leave to report as follows:
Presidential Communication No. 20-211 was transmitted to Congress with the National Government Fiscal Year 2019 Recommended Budget (“Budget Book”). Pursuant to Rule 7, Section 5(b), of the Official Rules of Procedure of the Twentieth Congress of the Federated States of Micronesia, your Committee has limited its review to those portions of the proposed budget relating to matters under its jurisdiction. These are:
1. FSM Consulate Office, Hawaii 2. FSM Consulate Office, Guam 3. FSM Consulate Office, Portland 4. FSM Embassy, Tokyo, Japan 5. UN Mission, New York 6. FSM Embassy, Suva, Fiji 7. FSM Embassy, Washington, D.C. 8. FSM Embassy, Beijing, China 9. Department of Foreign Affairs: a. Office of the Secretary; b. Asia Pacific Africa & Multilateral Affairs; c. American and European Affairs. 10. Office of Veteran’s Affairs; 11. Grants, subsidies and contributions: a. The Forum Secretariat; b. Secretariat for the Pacific Community; c. United Nations Economic and Social Commission for Asia and Pacific (ESCAP); d. UN Membership fee; e. East-West Center; f. ACP Cotonou Membership; g. SPC Office Rental; h. Diplomatic Relations (China-FSM); i. Hosting of Pacific Island Forum j. SIS Program; k. IOM Membership fees (2012 -2017);
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l. Pacific Island Forum arrears; and m. SPC Hosting Grant 12. Capital and Human Resources Development a. Acting Capacity role b. FSM Embassy in Suva, Fiji residences
This report and all previous and subsequent reports by your Committee should be treated as policy for this Nation as defined by Congress. It is your Committee’s intent that any commentary found in this report should be treated as policy for the guidance of the relevant departments, agencies and offices in the obligations and expenditures of their respective budgets and implementation of their programs.
Your Committee conducted a series of public hearings following the convening of the Fourth Regular Session of the Twentieth Congress on May 11, 2018, and continued during the Fifth Special Session of the Twentieth Congress on August 2 to 7, 2018. The mark up meeting of the Committee was held on Wednesday, August 8, 2018, a day after the adjournment of the Fifth Special Session of the Twentieth Congress. The report and recommendations that follow are based upon the information contained in the Budget Book and the input provided by the Secretaries, Ambassadors, Consuls General, staff of the Division of Budget and staff of the various departments during those hearings.
DISCUSSION OF THE PROPOSED FY 2019 BUDGET The figures shown in the charts below for the Department of Foreign Affairs include the total amount appropriated in FY 2018; the FY 2019 amount requested, and the amount transmitted as recommended for FY 2019. The last column is the amount recommended by your Committee for FY 2019.
The FY18 OVERALL appropriated figures in the five categories were pursuant to Public Law No. 20-94. The significant increase of $118,718 (FY18 appropriated of $1, 558,196 minus FY19 recommended of $1,676,914 under the Personnel Category is to accommodate the salaries for First Secretaries in some overseas missions.
DEPARTMENT OF FOREIGN AFFAIRS – OVERALL FY 2018 FY 2019 FY19 Recomm Committee Appropr. Proposed Recommends Personnel $1,558,196 $1,645,023 $1,676,914 $1,676,914 Travel $337,508 $348,703 $348,703 $322,264 Contract.Serv. $2,561,652 $2,769,543 $2,769,543 $2,752,488 OCE $298,672 $335,282 $335,282 $336,007 Fixed Assets $121,006 $106,408 $106,408 $106,408 Total $4,565,881 $5,204,959 $5,236,850 $5,194,081 No. Employees 39 42 42 42
The FY18 appropriation was $4,565,881. For FY19 budget, your Committee recommends $5,194,081. The increase is $628,200.
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I. FSM Consulate, Hawaii FY 2018 FY 2019 FY19 Recom Committee Appro. Proposed Recommends Personnel $127,211 $125,882 $128,110 $128,110 Travel $12,732 $12,732 $12,732 $12,732 Contract.Serv. $212,982 $216,434 $216,434 $216,434 OCE $31,950 $34,950 $34,950 $34,950 Fixed Assets $0 $32,000 $32,000 $32,000 Total $345,094 $421,998 $424,226 $424,226 No. Employees 4 4 4 4
The total increase for the FSM Consulate, Hawaii office from FY18 appropriation to FY19 recommended is $39,351.
Personnel – The recommended amount of $128,110 is for four employees inclusive of fringe benefits, which is a $899 increase, as compared to the FY18 appropriation. The slight increase is on fringe benefit. Your Committee recommends $128,110.
Travel - An amount of $12,732 was appropriated in fiscal year 2018. For FY 2019, the same amount is requested and recommended. Your Committee recommends $12,732.
Contractual Services- The amount appropriated in FY 2018 was $212,732. The request for FY 2019 is 216,434, which is a $3,452 increase. This is not a significant increase so your Committee recommends $216,434.
Other Current Expenses- An amount of $31,950 was appropriated in FY18. For FY 2019, there is a slight increase of $3,000 so the request is $34,950. The increases are for POL and stamps. The cost for mailing of passport increases. Your Committee recommends $34,950.
Fixed Assets-. In FY 2018, there was no appropriation. For FY19 the request is 32,000 for computers ($2,000) and a vehicle ($30,000). Your Committee recommends $32,000.
II. FSM Consulate, Portland, Oregon FY 2018 FY 2019 FY19 Recom Committee Appro. Proposed Recommends Personnel $ $142,091 $144,606 $144,606 Travel $ $15,000 $15,000 $15,000 Contract.Serv. $ $269,601 $269,601 $269,601 OCE $ $20,000 $20,000 $20,000 Fixed Assets $ $5,000 $5,000 $5,000 Total $ $451,692 $454,207 $454,207 No. Employees 5 5 5
On November 18, 2017, the FSM Consulate in Portland was established, which is the third FSM Consul General in the United States. The Office provides consular services to eight jurisdictions: Oregon,
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California, Washington, Arizona, Idaho, Utah, Nevada, and New Mexico. Consul General Joe Enlet was confirmed by the FSM Congress to lead that office.
In Public Law No. 20-54, the FSM Congress appropriated an amount of $333,000 for the operations of the office in the later part of fiscal year 2017 and fiscal year 2018.
Personnel - For FY19, an amount of $142,091 is proposed, but an amount of $144,606 was recommended for five employees. Three positions were filled. At the mark-up hearing, your Committee recommended the budget for five employees. The Consul General’s (Joe Enlet) salary is $41,861. The Foreign Service Officer’s (Dominic Maluchmai) salary is 28,709. The other Foreign Service Officer’s salary is 21,327. The Administrative Assistant’s (Bruce Kileng) salary is 19,381. The Accountant’s salary is 14,466. An amount of $18,862 is recommended for fringe benefits of five employees. Your Committee recommends $144,606.
Travel – An amount of $7,000 is to fund the Consul General’s participation in the Annual Budget hearing in Pohnpei. Another $8,000 is to fund the Consul General for another trip to Pohnpei. Your Committee recommends $15,000.
Contractual Services – An amount of $269,601 is requested for the following: - CAM 2,000 - COAP/Rep fund 15,000 - Contractual services 15,000 - Health and Dental Insurance 105,169 - Insurance/maintenance (Office/Car) 7,000 - Office lease/space 27,432 - Staff housing 98,000 Total 269,601
At the mark-up meeting, your Committee recommends $269,601. OCE – The Consulate Office requested $20,000 for Supplies and Materials. Your Committee recommends $20,000.
Fixed Assets – The Consulate Office requested $5,000 to purchase computer software for new staff. Your Committee recommends $5,000.
III. FSM Embassy, Suva, Fiji
FY 2018 FY 2019 FY19 Recom Committee Appro. Proposed Recommends Personnel $98,452 $130,182 $131,942 $131,942 Travel $35,000 $41,444 $41,444 $41,444 Contract. Serv. $90,650 $111,650 $111,650 $111,650 OCE $30,510 $47,900 $47,900 $47,900 Fixed Assets $54,000 $0 $0 $0 Total $308,612 $331,176 332,936 $332,936 No. Employees 3 3 3 3
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Personnel – An amount of $98,452 is reflected in the “Budget Book”, as the amount appropriated in FY18. In Standing Committee Report No. 20-18, your Committee had recommended $130,182 for three positions (Ambassador, DCM and First Secretary positions).
The amount requested for FY19 is $131,942 for the same three positions, and was transmitted as recommended. At the hearing, your Committee was informed that the First Secretary position is filled (Mr. Kalwin S. Ehmes).
On August 8, 2018, at the mark-up hearing, your Committee recommends $131,942.
Travel - The Embassy’s FY 2018 appropriated amount for travel was $35,000. The FY 2019 request is $41,444, an increase of $6,444, as compared to FY 2018 appropriation. Of the $41,444 requested, $9,630 for travel within Fiji, $14,000 to attend the annual Pacific Island Forum in PNG, $10,000 to attend the annual congressional budget hearing, and $7,814 to attend conference on budget matters. After the mark-up meeting, your Committee recommends $41,444.
Contractual Services - The Embassy’s contractual services appropriation for FY18 was $90,650. For FY 2019, there is a request of $111,650, which was recommended. The specifics of the FY18 appropriation and FY19 recommended are as follows: FY18 FY19 1. City rate $ 3,450 3,450 2. Education allowance $ 2,000 2,000 3. Local staff benefits $18,200 18,200 4. Medical insurance $5,000 10,000 5. Property, Security insurance/maint. $15,500 25,500 6. Rep. Fund/COAP $13,000 15,000 7. Special Services contracts $32,500 32,500 8. Subscriptions $ 1,000 5,000 Total ------$90,650 111,650
Your Committee recommends $111,650.
Other Current Expenses – The amount appropriated this fiscal year 2018 was $30,510. For FY 2019, the Embassy requested amount is $47,900. The differences in the Embassy’s FY18 appropriation and FY19 recommended are as follows:
FY18 FY19 1. Communication 9,000 10,000 2. Library Materials 360 400 3. POL 7,200 9,000 4. Postage/Postal fee 720 800 5. Printing/Reproduction 1,800 2,000 6. Promotion/Reproduction 1,530 1,700 7. Subscription 0 1,000 7. Supplies & Materials 3,600 6,000 8. Utilities 6,300 1 1,000
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9. Vehicle repair/maintenance 0 6,000 Total ------30,510 47,900
Your Committee recommends 47,900.
Fixed Assets - For FY 2018, an amount of $54,500 was appropriated. The breakdown is as follows: $6,900 for fixtures, $2,500 for a laptop, $2,000 for a microwave oven, $2,200 for a water dispenser and $40,900 for vehicles. No request for FY19 so your Committee recommends $0.
IV. FSM Consulate Office, Guam
FY 2018 FY 2019 FY19 Recom Committee Appro. Proposed Recommends Personnel $124,363 $119,601 $121,718 $121,718 Travel $13,200 $13,200 $13,200 $13,200 Contract.Serv. $96,860 $85,000 $85,000 $85,000 OCE $29,430 $36,200 $36,200 $36,200 Fixed Assets $5,000 $11,902 $11,902 $11,902 Total $268,853 $265,903 $268,020 $268,020 No. Employees 4 4 4 4
Personnel - The amount appropriated in FY18 was $124,363. The requested amount for FY 2019 is $119,601, but $121,718 was recommended. The salaries for four employees are as follows: the Consul General is $41,861, the Foreign Service Officer I (Johnny Silbanuz) is $21,327, another Foreign Service Officer I (W-III Williander) is $21,327, the Administrative Assistant (Linda Timothy) is $21,327. The correct amount for fringe benefits is $15,876. Your Committee recommends $121,718.
Travel - The amount of $13,200 appropriated in FY 2018 is being requested for FY 2019. Your Committee recommends $13,200.
Contractual Services - The significant decreases are reflected in the short-term contracts for two temporary staff and insurance for residence and vehicle based upon the estimated cost after the office was completed. Following is a comparison of FY18 appropriation and FY19 recommended:
FY18 FY19 Recom 1. Equipment rental 2,000 1,500 2. Janitorial services 2,800 3,000 3. Office equipment/repair 10,000 10,000 4. Rep-fund/COAP 15,000 15,000 5. Short-term contracts 17,760 9,000 6. Staff housing 36,000 36,000 7. Subscription 300 500 8. Insurance (residence & vehicle) 13,000 10,000
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Total ------96,860 85,000
Your Committee recommends $85,000.
Other Current Expenses - An amount of $29,430 was appropriated in FY 2018. The FY19 proposed and recommended is $36,200.
At the mark-up meeting, your Committee learned that the FSM Petroleum Corporation occupied the third floor of the building. Your Committee learned that the United States Department of State has not approved the arrangement for the FSM Petroleum Corporation to occupy the building. Based on this issue, several diplomatic privileges are not applicable to staff of the FSM Petroleum Corporation who occupied the facility. Consequently, the Committee recommends that the FSM Petro Corp needs to move out from the building. Your Committee recommends $36,200.
Fixed Assets – In FY 2018, an amount of $5,000 was appropriated. For FY 2019, the office requested $11,902 for office furniture and fixtures. Your Committee recommends $11,902.
V. FSM Embassy, Washington, DC
FY 2018 FY 2019 FY19 Recom Committee Appro. Proposed Recommends Personnel $206,900 $206,900 $210,563 $210,563 Travel $63,158 $89,597 $89,597 $63,158 Contract.Serv. $374,160 $391,215 $391,215 $374,160 OCE $42,750 $42,025 $42,025 $42,750 Fixed Assets $10,000 $45,000 $45,000 $45,000 Total $696,968 $779,737 $783,400 $735,631 No. Employees 5 5 5 5
Personnel – An amount of $206,900 was appropriated in FY2018. The requested amount for FY19 is $206,900, but the Budget Review Committee recommended $210,563 for five employees including their fringe benefits. The slight increase is on fringe benefits. The Ambassador’s (Akillino Susaia) salary is 70,000. The Deputy Chief of Mission’s (Jackson Soram) salary is 41,861. The First Secretary’s (Raleigh Welly) salary is $28,709. The Administrative Specialist’s (vacant) salary is $23,518. The Secretary’s salary is $19,010. The fringe benefit is $27,465. Your Committee recommends $210,563.
Travel – An amount of $63,158 was appropriated in FY18. The Embassy’s FY19 requested amount is $89,597. Your Committee considered this as significant and only recommended the FY18 level. Your Committee recommends $63,158.
Contractual Services – In FY 2018 an amount of $374,160 was appropriated. The request for FY 2019 is 391,215, an increase of $17,055, as compared to FY18 appropriation.
The differences in the FY18 appropriation, the FY19 requested amount and the FY19 recommended are detailed herein:
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FY18 FY19Reg FY19Rec 1. Contractual Services (Personnel) 89,960 48,160 48,160 2. Maintenance (Equip/Rental) 10,000 10,000 10,000 3. Health Insurance 75,000 121,921 121,921 4. Messenger serv.,contr./subscrip. 2,000 2,000 2,000 5. Property security/insurance 10,000 10,000 10,000 6. Rep-Fund/COAP 21,000 21,000 21,000 7. Staff housing 166,200 178,134 178,134 Total - 374,160 391,215 391,215
At the mark up meeting, your Committee noted significant increases in several line items. It is your Committee’s decision to approve the FY18 amount with the understanding that there will always a time to supplement the budget should there is dire need to do so. Your Committee recommends the FY18 level, which is $374,160.
Other Current Expenses - An amount of $42,750 was appropriated in fiscal year 2018. A lesser amount of $42,025 is requested for FY 2019 and was transmitted. Your Committee recommends the FY18 level of $42,750.
Fixed Assets - There was $10,000 appropriated in FY 2018. For FY 2019, the requested amount is $45,000, which was transmitted as recommended. The $10,000 is for office equipment and another $35,000 for a vehicle. Your Committee recommends $45,000.
VI. UN Mission, New York
FY 2018 FY 2019 FY19 Recom Committee Appro. Proposed Recommends Personnel $126,403 $159,898 $167,159 $167,159 Travel $33,978 $45,042 $45,042 $45,042 Contract.Serv. $537,870 $593,545 $593,545 $593,545 OCE $35,000 $35,980 $35,980 $35,980 Fixed Assets $0 $5,000 $5,000 $5,000 Total $733,251 $839,465 $846,726 $846,726 No. Employees 2 3 3 3
Personnel – The FY 2018 appropriation was $126,403 to fund two employees and their fringe benefits. For FY19, an amount of $159,898 was proposed, but EBRC recommended $167,159 to fund three employees. The salary for the Ambassador (Jane Chigiyal) is $70,000. The salary for the Deputy Permanent Representative (Jeem Lippwe) is $41,861. An amount of $33,495 is proposed for a First Secretary position. The fringe benefit for three employees is $21,803. The total sum for three employees and fringe benefits is $167,159. Your Committee recommends $167,159.
Travel – An amount of $33,978 was appropriated in FY 2018. For FY 2019, an amount of $45,042 is requested and recommended, an increase of $11,064. Your Committee recommends $45,042.
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Contractual Services - In FY 2018, an amount of $537,870 was appropriated. For this FY 2019 request, the UN Mission is requesting $593,545 and was recommended. These are the specific line items appropriated in FY18 and requested and recommended for FY19: FY18 FY19 requests • $8,000 8,000 - CAM • 9,000 9,000 - for car/office insurance; • $75,000 75,000 - for healthcare insurance coverage for FSM diplomats and their eligible dependents; • $177,696 178,700 - for office lease; • $87,301 93,339 - for professional services; • $800 800 - purchase stamp • $25,000 25,000 - for representative fund/COAP; • $3,730 3,730 - Richo copier; • $150,633 199,266 - for staff housing; and • $710 710 - stamp machine. Total: 537,870 593,545
At the hearing, your Committee inquired the status of the UN Mission’s and FSM Embassy, Washington’s effort to merge their medical insurance. According to them, they will secure a private insurance company. The amount in contractual services for FY19 request has an increase of $55,675, as compared to the compare FY18 appropriation. The increase is to accommodate the housing for the new First Secretary. Your Committee recommends $593,545.
Other Current Expenses – The FY18 appropriation was $35,000. For FY19, the proposed is $35,980. Your Committee recommends $35,980.
Fixed Assets - There was no amount requested for FY 2018. For FY 2019, an amount of $5,000 is requested for Office furniture and fixture. Your Committee recommends $5,000.
VII. FSM Embassy, Tokyo, Japan
FY 2018 FY 2019 FY19 Recom Committee Appro. Proposed Recommends Personnel $261,484 $273,288 $278,125 $278,125 Travel $15,776 $19,994 $19,994 $19,994 Contract.Serv. $576,802 $599,557 $599,557 $599,557 OCE $59,740 $60,935 $60,935 $60,935 Fixed Assets $0 $6,000 $6,000 $6,000 Total $913,802 $959,774 $964,611 $964,611 No. Employees 3 3 3 3
Personnel - The amount appropriated in FY 2018 was $261,484 and this amount is for three employees, the Ambassador, DCM and a new First Secretary. For FY 2019, the request is $273,288, but EBRC recommended $278,125. The salary for the Ambassador (John Fritz) is $95,000. The salary for the DCM
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(Roger Mori) is $81,575. The proposed salary for a new First Secretary is $65,273. An amount of $36,277 is set aside for fringe benefits. The total sum for three employees plus fringe benefits is $278,125.
Your Committee recommends $278,125.
Travel - The appropriated amount for travel in FY18 was $15,776. The request for FY 2019 is $19,994. Your Committee recommends $19,994.
Contractual Services- In FY 2018, an amount of $576,802 was appropriated. For FY 2019, the requested amount is $599,557, which was recommended.
Herein is a comparison of the $576,802 appropriated in FY 2018 and the $599,557 FY 2019 recommended amount:
FY18 appr FY19 BRC • Consultant services $31,000 51,000 • Education Allowance $25,000 25,000 • Maintenance contract $9,654 9,654 • Office lease/staff housing $339,600 339,600 • Property/Offc. Equipment/ $8,800 8,800 • Rep. Fund/COAP $25,000 25,000 • Special Services contract $137,748 140,503 576,802 599,557 Your Committee recommends $599,557.
Other Current Expenses - An amount of $59,740 was appropriated in FY 2018. For FY19, an amount of $60,935 is requested and recommended. Your Committee recommends $60,935.
Fixed Assets- There was no funding appropriated under this category in FY 2018. For FY19, an amount of $6,000 is requested to purchase office furniture and fixture for the First Secretary. Your Committee recommends $6,000.
VIII. FSM Embassy, Beijing, China
FY 2018 FY 2019 FY19 Recom Committee Appro. Proposed Recommends Personnel $126,403 $159,466 $161,656 $161,656 Travel $25,283 $35,270 $35,270 $35,270 Contract.Serv. $473,328 $472,541 $472,541 $472,541 OCE $21,292 $21,292 $21,292 $21,292 Fixed Assets $1,506 $1,506 $1,506 $1,506 Total $647,812 $690,075 $692,265 $692,265 No. Employees 2 3 3 3
Personnel - An amount of $164,252 was recommended in FY 2018 for three employees, the Ambassador, DCM and a First Secretary with the fringe benefits, which was reflected in SCR No. 20-18. But, in SCR
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No. 20-25, the Committee on Ways and Means did not honor the increase, and $126,403 was reflected as the FY18 appropriated amount. So that is why the figure $126,403 was reflected as the FY18 appropriation.
Your Committee learned that Mr. Francis Anefal is the new First Secretary. The request for FY19 is $159,466, but BRC increases it to $161,656. The salary for the Ambassador (Carl Apis) is $70,000. The salary for the DCM (Vince Sivas) is $41,861. The First Secretary’s salary (Francis Anefal) is 28,709. There is $21,086 set aside for fringe benefits. So, the total for three employees and fringe benefits is $161,656.
With the adjustment in the FY18 appropriation and the FY19 proposed, your Committee recommends $161,656.
Travel - The amount appropriated in FY 2018 was $25,283. The FY 2019 request for travel is $35,270, which was recommended. Your Committee recommends $35,270.
Contractual Services - In FY 2018, an amount of $473,328 was appropriated. The request for FY 2019 is $472,541. This is a decrease of $787, as compared to the FY18 appropriation. With this minor decrease, your Committee recommends $472,541.
Other Current Expenses - An amount of $21,292 was appropriated in FY 2018. The request for FY 2019 is the same amount and was recommended. Your Committee recommends $21,292.
Fixed Assets – There was no funding under this category in the FY 2018 budget. For FY19, an amount of $1,506 is requested and recommended. An amount of $1,000 is for office equipment and $506 is for office furniture and fixtures. Your Committee recommends $1,506.
IX(a). OFFICE OF THE SECRETARY
FY 2018 FY 2019 FY19 Recom Committee Appro. Proposed Recommends Personnel $122,890 $122,890 $124,992 $124,992 Travel $89,156 $89,156 $89,156 $89,156 Contract.Serv. $30,000 $30,000 $30,000 $30,000 OCE $29,430 $30,000 $30,000 $30,000 Fixed Assets $0 $0 $0 $0 Total $256,529 $352,046 $352,046 $272,046 No. Employees 5 5 5 5
Personnel – The amount appropriated in FY18 was $122,890. The same amount is requested for FY19, and was recommended. The funding is for five employees. The salary for the Secretary (Lorin Robert) is $40,000. The salary for the Deputy Secretary (Samson Pretrick) is $25,000. The salary for the Information Specialist (Kenmore Salvador) is $16,304. The salary for the Executive Secretary (Juleen Sale) is $9,044. The salary for the Administrative Officer II (Donna Amaraich) is $14,723. A sum of $15,761 is set aside
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SEPTEMBER 17, 2018 for fringe benefits and $4,160 for those eligible for COLA. The total for five employees plus fringe benefits and COLA is $124,992.
Your Committee recommends $124,992.
Travel - The Office’s FY 2018 budget was $89,156. The FY19 proposed budget is the same, and was recommended. Your Committee recommends $89,156.
Contractual Services - An amount of $30,000 was appropriated in FY 2018, and was requested for FY 2019. Your Committee recommends $30,000.
Other Current Expenses - An amount of $30,000 was appropriated in FY 2018. For FY19, $31,000 is being requested and recommended. Your Committee recommends $31,000.
Fixed Assets - In FY 2018, no amount appropriated. For FY19 there is no request. Your Committee recommends $0.
IX(b). ASIA PACIFIC AFRICA & MULTILATERAL AFFAIRS
Personnel - The FY 2018 appropriation was $112,787 for six employees. For FY19, the same amount is being requested and BRC recommended it. The new Assistant Secretary for Multi-Lateral Affairs is Brendy Carl. The new DAS/AA under APAMA is Berlino Martin. Your Committee recommends $112,787.
IX(c). AMERICAN & EUROPEAN AFFAIRS
Personnel - An amount of $92,038 was appropriated in FY 2018. For FY19, the Office requested $92,038, but BRC recommended $93,373. This amount is to fund five employees. The new DAS for A&EA is Kehlen Halbert. Currently, there is a Foreign Service Office position that vacated when Mr. Kehlen Halbert filled the DAS position. Your Committee recommends $93,373.
X. Office of Veteran’s Affairs
The Office of Veteran’s Affairs is a newly established office pursuant to Public Law No. 19-63. The budget for the Office is under the jurisdiction of your Committee on External Affairs.
At the hearing on Saturday, August 4, 2018, your Committee was informed that for two fiscal year (FY17 and FY18), the hiring of staff to fill the Office may materialized in two weeks time. Leo Falcam, Jr., the Acting Director of the Office of Veteran’s Affairs, explained that so far the Office has expended around $40,000 of its budget. There were laptops and computers purchased, but no vehicle. Your Committee asked if the Office will be up and running in fiscal year 2019, and was told that it may be the first quarter of fiscal year 2019. Chief of Staff also stated that it is very difficult to work with the United States Office of Veterans Affairs because some confidential issues.
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Appro. Appro. Recom Comm. FY17 FY18 FY19 Recommends Personnel $79,240 $79,240 $79,240 $79,240 Travel $42,225 $42,225 $42,225 $42,225 Contract.Serv. $50,000 $50,000 $50,000 $50,000 OCE $18,000 $18,000 $18,000 $18,000 Fixed Assets $25,000 $50,000 $50,000 $50,000 Total $214,465 $239,465 $239,465 $239,465 No. Employees 3 3 3 3
Personnel – In the FY17 budget, your Committee appropriated funding for three positions, one Director and two additional staff. The amount was $79,240. For this FY2018, the same amount was appropriated. The same amount is requested and recommended for FY19. Your Committee recommends $79,240.
Travel – In the FY17 budget, an amount of $42,225 was appropriated. In FY18, the same amount is appropriated. For FY19, the same amount is requested and recommended. Your Committee recommends $42,225.
Contractual Services – In the FY 2017 budget, an amount of $50,000 was appropriated. The same amount is appropriated in FY 2018. The same amount is requested and recommended for FY19. Your Committee recommends $50,000.
Other Current Expenses – In the FY 2017 budget, an amount of $18,000 was appropriated. The same amount is appropriated in FY 2018. For FY19, the same amount is requested and recommended. Your Committee recommends $18,000.
Fixed Assets – In the FY 2017 budget, an amount of $25,000 was appropriated for a vehicle and office equipment. In FY 2018, an amount of $50,000 is appropriated. For FY19, the same amount is requested and recommended. Your Committee recommends $50,000.
XI. Grants, Subsidies and Contributions
In addition to the operations budget, your Committee recommends the following Grants, Contributions and Subsidies for the Department. Basically, some of these requests are membership dues for international organizations:
Organization FY18 Appropr. FY19 FY19 EBRC Committee Proposed Recommends The Forum Secretariat $46,000 $57,000 57,000 $57,000 Secretariat for Pacific $56,000 $65,000 65,000 $65,000 Community ESCAP $5,000 $5,000 5,000 $5,000 UN Membership fee $50,000 $50,000 50,000 $50,000 East-West Center $5,000 $5,000 5,000 $5,000 ACP Cotonou Membership $15,000 $17,000 17,000 $17,000 fees
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SPC Office Rental 29,670 $29,670 $29,670 $29,670 Diplomatic Relations $0 $0 $0 $0 between FSM and China (PRC) Hosting Pacific Island Forum $0 $0 $0 $0 SIS Program $10,000 $10,000 $10,000 $10,000 PIF arrears $98,864 $0 $0 $0 IOM Membership fees $500 $600 $600 $600 (2012-2017) SPC Hosting Grant $0 $20,000 $20,000 $20,000 Total $316,034 $259,270 $259,270 $259,270
XII. Capital & Human Resources Development
FY18 appro. FY19 Proposed FY19 Recom Committee Recom 1. Acting capacity $36,000 $0 $0 $0 role 2. FSM Embassy $200,000 $300,000 $300,000 $300,000 in Suva, Fiji residences Total 236,000 $300,000 $300,000 $300,000
In FY18, an amount of $36,000 was appropriated to pay certain individuals that were in acting capacity roles, as well as assignments undertaken by certain individuals that should have been compensated. In FY18, an amount of $200,000 was appropriated to fund the renovation of the DCM residence in Suva, Fiji.
Your Committee on External Affairs has carefully reviewed the President’s Recommended FY 2019 Budget and all information provided by the Executive and the entities under your Committee’s jurisdiction. The recommended sums set forth above reflect your Committee’s recommendations on the level of funding for the designated activity, program or project for FY 2019.
Subject to the conditions and limitations set forth herein and the availability of funds as determined by your Committee on Ways and Means, your Committee on External Affairs recommends approval of the amounts listed above.
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Respectfully submitted,
/s/ Paliknoa K. Welly /s/ Dion G. Neth Paliknoa K. Welly, chairman Dion G. Neth, vice chairman
/s/ Tiwiter Aritos /s/ Isaac V. Figir Tiwiter Aritos, member Isaac V. Figir, member
/s/ Victor Gouland /s/ David W. Panuelo Victor Gouland, member David W. Panuelo, member
/s/ Robson U. Romolow Robson U. Romolow, member
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STANDING COMMITTEE REPORT N0. 20-77
RE: C.A. NO. 20-101 (P.C. N0. 20-302)/W&M
SUBJECT: VETO OVERRIDE
SEPTEMBER 20, 2018
The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fifth Regular Session, 2018
Dear Mr. Speaker:
Your Committee on Ways and Means to which was referred Presidential Communication No. 20-302, regarding the veto of Congressional Act No. 20-101, entitled:
“AN ACT TO FURTHER AMEND TITLE 55 OF THE CODE OF THE FEDERATED STATES OF MICRONESIA (ANNOTATED), AS AMENDED, BY ADDING A NEW SECTION 1222 FOR THE PURPOSE OF REQUIRING TWENTY PERCENT (20%) OF ALL NATIONAL GOVERNMENT FISHING FEES COLLECTED IN A FISCAL YEAR TO BE DEPOSITED INTO THE FSM TRUST FUND, AND TO ADD A NEW SECTION 324 OF TITLE 54 OF THE CODE OF THE FEDERATED STATES OF MICRONESIA ( ANNOTATED), AS AMENDED, FOR THE PURPOSE OF REQUIRING FIFTY PERCENT (50%) OF THE TAX ON ALL PREMIUMS COLLECTED FROM CAPTIVE INSURANCE COMPANIES IN A FISCAL YEAR TO BE DEPOSITED INTO THE FSM TRUST FUND, AND FOR OTHER PURPOSE.”, begs leave to report as follows:
The intent and purpose of this act are expressed in its title.
As mentioned in the Committee Report for C.B. No. 20-198, as part of its review process of the bill your Committee solicited the input of the Executive Branch. Specifically it had requested that the Department of Finance put down in writing its recommendations. In response the Secretary of Finance made a number of recommendations, all of which were incorporated in the final version of the bill as passed by Congress and vetoed by the President.
Your Committee held a hearing on Friday September 14, 2018, to review the veto with the Departments of Finance and Justice. The Secretary of Finance reiterated her position that the correct section to transfer the tax from was 54 F.S.M.C. section 321, which was what was done in the vetoed bill, by creating a new section 324 in title 54 F.S.M.C. Your Committee notes that a technical correction will be made in a later bill to renumber this section to 325 and make any other technical changes.
Your Committee has reviewed the veto of Congressional Act No. 20-101 and the veto message and recommends an override of the veto.
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Respectfully submitted,
/s/ Isaac V. Figir /s/ David W. Panuelo Isaac V. Figir, chairman David W. Panuelo, member
/s/ /s/ Victor V. Gouland /s/ /s/ Ferny S. Perman Victor V. Gouland, member Ferny S. Perman, member
/s/ Robson U. Romolow /s/ /s/ Joseph J. Urusemal Robson U. Romolow, member Joseph J. Urusemal, member
/s/ /s/ Paliknoa K. Welly Paliknoa K. Welly, member
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STANDING COMMITTEE REPORT NO: 20-78
RE: P.C. 20-211/J&GO
SUBJECT: FY 2019 BUDGET
SEPTEMBER 20, 2018
The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fifth Regular Session, 2018
Dear Mr. Speaker:
Your Committee on Judiciary and Governmental Operations, to which was jointly referred Presidential Communication No. 20-211, begs leave to report as follows:
Presidential Communication No. 20-211 concerns the National Government’s proposed budget for fiscal year 2019 as set forth in the National Government Fiscal Year 2019 Proposed Budget (“Budget Book”). Pursuant to rule 7, section 4(b) of the Official Rules of Procedure of the Twentieth Congress of the Federated States of Micronesia, your Committee has limited its review to those portions of the proposed budget relating to matters under its jurisdiction. These are:
I. Operations: a. Department of Justice i.Administration ii.Division of Litigation iii.Division of Law iv.Registrar of Corporations v.Division of Immigration and Labor vi.National Police vii.Office of the Public Defender viii.National Judiciary ix.National Postal Service x.National Election Commission Office b. Agencies, Boards, Authorities, Commissions & Corporations i.National Postal Services c. Special Programs i.National Election Commission Office
II. Grants, Subsidies and Contributions: a. Department of Justice i.States Joint Law Enforcement ii.Police Academy iii.Ammunition for Sidearm and Long Rifles iv.Fuel Subsidy b. States Judiciaries
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c. Micronesian Legal Services Corporation
III. Capital and Human Resources Development a. Department of Justice i.Anti-Human Trafficking Enforcement, Campaign and Investigation ii.Victim Shelter Services b. National Election Commission Office i.Voter ID Card and New Voter Registration Project c. National Postal Services i.Postal Management and Financial Services
This report and all previous and subsequent reports by this committee should be treated as policy for this Nation as defined by the Congress. It is your Committee’s intent that any commentary found in this report should be treated as policy for the guidance of the relevant departments, agencies and offices.
Your Committee conducted a series of public hearings following the convening of the Fourth Regular Session of the Twentieth Congress in May 2018. The report and recommendations that follow are based upon the information contained in the Budget Book and the input provided by witnesses at those hearings.
Your Committee’s findings and recommendations follow:
DISCUSSION OF FY 2019 BUDGET
The appropriations discussed below are presented, by department, office and agency, in the order in which they appear in the Budget Book. The figures given for each department, office and agency include the figures from the budget book for the total amount appropriate by law for FY 2018 and the amount recommended by the President and the amount recommended by Congress for each entity for FY 2019.
Your Committee makes the following recommendations.
I. Operations
a. Department of Justice
Detail by Division
i.Administration, Office of the Secretary
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended Personnel 145,372 147,853 2,481 147,853 Travel 31,710 31,710 0 31,710 Contract 181,000 341,000 160,000 206,000 OCE 20,340 20,340 0 20,340 Fixed 10,000 10,000 0 10,000
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TOTAL 388,422 550,903 162,481 415,903 #Positions 6 6 0 6
Personnel: An increase of $2,481 is sought. This request is to due to an increase in benefits expense. The Committee finds the amount requested is justified.
Travel: No change is requested in this category.
Contractual Services: An increase of $160,000 is sought. This request is to fund a position for James Stovall. Congress recently funded a similar amount for James Stovall and the Committee will be requesting an additional public oversight hearing on this item in September and at this time the Committee does not find the amount justified. The Committee is approving an increase of $25,000 for Clement Yow Mulalalp.
Other Current Expenses: No change is requested in this category.
Fixed Assets: No change is requested in this category. ii.Division of Litigation
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended Personnel 288,265 408,677 120,412 361,042 Travel 61,795 81,523 19,728 81,523 Contract 12,000 559,000 547,000 56,500 OCE 9,000 9,000 0 9,000 Fixed 5,000 5,000 0 5,000 TOTAL 376,060 1,063,200 687,140 513,065 #Positions 6 11 5 9
Personnel: An increase of $120,412 is sought. This request is to fund five new positions. The Committee finds that three positions (additional Attorney General, Manager and Executive/Legal Secretary) are justified and approves an increase of $72,777.
Travel: An increase of $19,728 is sought. This request is for travel. Additional travel is required due to the number of open cases that are ongoing. The Committee finds the amount requested is justified.
Contractual Services: An increase of $547,000 is sought. This request includes $502,500 to fund the PII litigation. There has been a supplemental request brought to Congress on this matter and if additional funds are needed, a supplemental request can be made. The Committee finds the other amounts requested to be justified and approves an increase of $44,500.
Other Current Expenses: No change is requested in this category.
Fixed Assets: No change is requested in this category.
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SEPTEMBER 20, 2018 iii.Division of Law
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended Personnel 192,175 293,367 101,192 250,850 Travel 33,656 89,518 55,862 89,518 Contract 5,000 5,000 0 5,000 OCE 7,500 7,500 0 7,500 Fixed 5,000 5,000 0 5,000 TOTAL 243,331 400,385 157,054 357,868 #Positions 4 6 2 5
Personnel: An increase of $101,192 is sought. This request is to fund two new positions and reflects an increase in benefits. The Committee finds that one new position and the benefits increase are justified and approves an increase of $58,675.
Travel: An increase of $55,862 is sought. Additional travel is required due to the need for attorneys to travel with the division such as NORMA to attend meetings. The Committee finds the amount requested is justified.
Contractual Services: No change is requested in this category.
Other Current Expenses: No change is requested in this category.
Fixed Assets: No change is requested in this category. iv.Registrar of Corporations
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended Personnel 71,840* 76,238 4,398 76,238 Travel 19,596 19,596 0 19,596 Contract 5,000 15,000 10,000 15,000 OCE 9,720 9,720 0 9,720 Fixed 6,800 6,800 0 6,800 TOTAL 112,956 127,354 15,902 127,354 #Positions 4 6 0 * There is an error in the budget book, it shows the FY18 appropriated amount to be $101,330, but when you add the numbers it is actually $71,840
Personnel: An increase of $4,398 is sought. This request is to fund an $8,000 salary increase for the Registrar of Corporations. There is a decrease in benefits and COLA. The Committee finds the amount requested is justified.
Travel: No change is requested in this category.
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Contractual Services: An increase of $10,000 is sought. The request is for the payment of the Chuuk field office lease. The Committee finds the amount requested is justified.
Other Current Expenses: No change is requested in this category.
Fixed Assets: No change is requested in this category. v.Division of Immigration and Labor
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended Personnel 585,327* 589,587 4,260 589,587 Travel 23,020 23,020 0 23,020 Contract 10,200 77,758 67,558 77,758 OCE 111,383 113,383 2,000 113,383 Fixed 60,000 80,000 20,000 80,000 TOTAL 756,867 883,748 126,881 883,748 #Positions 42 43 1 43
* There is an error in the budget book, it shows the FY18 appropriated amount to be $552,264, but when you add the numbers it is actually $585,327
Personnel: An increase of $4,260 is sought. This request is to fund one position being transferred from a contract position and an increase in benefits and COLA. The Committee finds the amount requested is justified.
Travel: No change is requested in this category.
Contractual Services: The increase in this category was authorized by Congress through a supplemental budget request in the FY 18 budget. The Committee finds the amount requested is justified.
Other Current Expenses: An small increase of $2,000 is sought. The Committee finds the amount requested is justified.
Fixed Assets: An increase of $20,000 is sought. This request is for vehicles and office equipment. The Committee finds the amount requested is justified.
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vi.National Police
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended Personnel 1,459,642 1,826,331 366,689 1,826,331 Travel 54,435 204,435 150,000 129,435 Contract 234,500 291,719 57,219 291,719 OCE 210,500 210,500 0 210,500 Fixed 15,000 140,500 155,500 170,500 TOTAL 1,974,077 2,673,485 699,408 2,648,485 #Positions 90 105 15 105
Personnel: An increase of $366,689 is sought. This request is to fund necessary additional positions. This number includes several contract employees that are being transferred to permanent employee status. The police force wants to run 3 shifts per day in Chuuk and they are short surveillance officers. The increase in employees also results in an increase in benefits and COLA. The Committee finds the amount requested is justified.
Travel: An increase of $150,000 is sought. The Committee finds the requested amount excessive and approves a $75,000 increase.
Contractual Services: An increase of $57,219 is sought. This increase is primarily due to required vehicle maintenance. The Committee finds the amount requested is justified.
Other Current Expenses: No change is requested in this category.
Fixed Assets: An increase of $125,000 is sought. This request is for vehicles and cameras and video equipment for interrogation rooms. The Committee finds the amount requested is justified. vii.Office of the Public Defender
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended Personnel 712,321 744,081 31,760 744,081 Travel 103,812 140,120 36,308 140,120 Contract 101,050 314,250 213,200 101,050 OCE 86,900 86,900 0 86,900 Fixed 40,000 45,000 5,000 40,000 TOTAL 1,044,083 1,330,351 286,268 1,112,151 #Positions 26 26 0 26
Personnel: An increase of $31,760 is sought. The increase is largely due to an increase in benefits of $14,355 and an increase in COLA of $23,745. There also some adjustments to salary, some increases and some decreases. There is also a request for a $5,000 for an employee incentive fund. The Committee finds the amount requested is justified.
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Travel: An increase of $36,308 is being sought. There has already been a supplemental request and this balances out. There is an increase in travel due to there being more offenders, requiring multiple appearances before the courts. The Committee finds the amount requested is justified.
Contractual Services: An increase of $213,200 is being sought. This increase is requested to launch a new pilot program for representation from the Public Defenders office in civil cases. The Committee finds this is beyond the scope of the mandate for the Public Defenders office and does not authorize this expense. The Committee does not approve an increase in this category.
Other Current Expenses: No change is requested in this category.
Fixed Assets: An increase of $5,000 is sought. The request is for renovations for the Pohnpei office. The Committee finds that this amount should be referred to the TC&I office for funding. viii.National Judiciary
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended Personnel 905,453 944,560 39,107 944,560 Travel 161,525 160,693 (832) 160,693 Contract 184,194 197,809 13,615 197,809 OCE 174,808 195,205 20,397 195,205 Fixed 32,000 50,000 18,000 50,000 TOTAL 1,457,980 1,548,267 90,287 1,548,267 #Positions 35 35 0 35
Personnel: An increase of $39,107 is sought. The request is for various salary increases, including a $9,000 increase for the associate justices and a $15,877 increase for the Chief Justice. The Committee finds the amount requested is justified.
Travel: The travel budget has a small reduction of $832.
Contractual Services: An increase of $13,615 is being sought. This increase is due to a change in the IT contract and the housing expenses. The Committee finds the amount requested is justified.
Other Current Expenses: An increase of $20,397 is sought. This increase is due to an increase in the Law Day scholarships, after 26 years, the scholarships will increase form $1,000 to $2,000. The Committee finds the amount requested is justified.
Fixed Assets: An increase of $18,000 is sought. This request is for a new vehicle for the new Associate Justice and 4 new FDR recording back-up systems. The Committee finds the amount requested is justified.
b. Agencies, Boards, Authorities, Commissions & Corporations
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SEPTEMBER 20, 2018 i.National Postal Service
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended Personnel 513,771 547,861 34,090 533,861 Travel 65,117 70,542 5,425 70,542 Contract 151,320 207,119 55,799 207,119 OCE 126,657 175,757 49,100 151,657 Fixed 0 51,000 51,000 21,000 TOTAL 856,865 1,052,279 195,414 984,179 #Positions 40 40 0 40
Personnel: An increase of $34,090 is sought. The increase is largely due to an increase in salary for the Post Master of $14,000. No explanation was provided for this increase. There are also some small salary increases and a significant increase in benefits. The Committee finds the salary increase for the Post Master is not sufficiently justified and does not approve this increase. The Committee finds the other amounts requested are justified and approves an increase of $20,090 for these amounts.
Travel: An increase of $5,425 is being sought. This is primary to fund travel to a finance conference in Chuuk. The Committee finds the amount requested is justified.
Contractual Services: An increase of $55,799 is being sought. The increase is largely related to a lease in Chuuk and the maintenance of office equipment. There is also a need to purchase stamps as they are running out of stock. The Committee finds the amount requested is justified.
Other Current Expenses: An increase of $49,100 is sought. The request reflects a reduction in the uniform expenses and an increase of $50,000 for philatelic products and marketing products such as t-shirts and pamphlets. The committee finds that marketing products are not justified and approves an increase of $25,000.
Fixed Assets: An increase of $51,000 is being sought. The request is for $30,000 for one vehicle for the Post Master and $21,000 for a total of 4 new vehicles, one for each state. The Committee finds that only the 4 vehicles for the states are justified and approves $21,000.
c. Special Programs i.National Election Commission Office
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended Personnel 235,090 255,821 20,731 255,821 Travel 17,637 22,080 4,443 22,080 Contract 54,017 59,153 5,136 59,153 OCE 82,205 72,963 (9,242) 72,963 Fixed 595 0 (595) 0 TOTAL 389,544 410,017 20,473 410,017
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#Positions 13 13 0 13
Personnel: An increase of $20,731 is sought. The amount reflects small salary increases for all employees and an increase in benefits. The Committee finds the amount requested is justified.
Travel: An increase of $4,443 is sought. Additional travel is required due to the upcoming election and orientation and training requirements for the office. The Committee finds the amount requested is justified.
Contractual Services: An increase of $5,136 is sought. The increase in this category is related to an error in last year’s appropriation. The contract amounts are for the office rents and the GVRS Database contract. The Committee finds the amount requested is justified.
Other Current Expenses: There is a decrease in the amount being requested this year.
Fixed Assets: There is a decrease in the amount being requested this year.
II. Grants, Subsidies and Contributions
a. Department of Justice
i.States Joint Law Enforcement
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended Kosrae 30,000 30,000 0 30,000 Pohnpei 50,000 50,000 0 50,000 Chuuk 100,000 100,000 0 100,000 Yap 30,000 30,000 0 30,000 TOTAL 210,000 210,000 0 210,000
No increase is being sought in any category. ii.Police Academy
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended 200,000 200,000 0 200,000
No increase is being sought. iii.Fuel Subsidy
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended 100,000 100,000 0 100,000
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No increase is being sought.
b. States Judiciaries
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended Kosrae 40,000 40,000 0 40,000 Pohnpei 60,000 60,000 0 60,000 Chuuk 110,000 110,000 0 110,000 Yap 40,000 40,000 0 40,000 TOTAL 200,000 200,000 0 200,000
No increase is being sought in any category.
c. Micronesian Legal Services Corporation
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended 250,000 250,000 0 250,000
No increase is being sought.
III. Capital and Human Resources Development
a. Department of Justice
i.Anti-Human Trafficking Enforcement, Campaign and Investigation
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended 100,000 100,000 0 100,000
No increase is being sought. ii.Victim Shelter and Services
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended 100,000 100,000 0 100,000
No increase is being sought.
b. National Election Commission Office
i.Voter ID Card and New Voter Registration Project
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SEPTEMBER 20, 2018
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended 50,000 242,322 192,322 242,322
The increase in this category is due to the upcoming election. The Committee finds the amount requested is justified.
c. National Postal Services i.Postal Management and Financial Services
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended 210,000 210,000 0 210,000
No increase is being sought.
CONCLUSION
With the modifications identified above, your Committee on Judiciary and Governmental Operations recommends authorizing those portions of the FY 2019 budget relating to matters under its jurisdiction, subject to the availability of funds, as determined by your Committee on Ways and Means.
Respectfully submitted,
/s/ Robson U. Romolow Robson U. Romolow, chairman Dion G. Neth, vice chairman
/s/ Isaac V. Figir /s/ Tiwiter Aritos Isaac V. Figir, member Tiwiter Aritos, member
/s/ Esmond B. Moses /s/ Paliknoa K. Welly Esmond B. Moses, member Paliknoa K. Welly, member
/s/ Wesley W. Simina Wesley W. Simina, member
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STANDING COMMITTEE REPORT NO. 20-79
RE: C.R. NO. 20-122/H&SA
SUBJECT: TO CONFIRM THE NOMINATION OF MR. ALBERT FALCAM
SEPTEMBER 20, 2018
The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fourth Regular Session, 2018
Dear Mr. Speaker:
Your Committee on Health and Social Affairs to which was referred C.R. No. 20-122, entitled:
“A RESOLUTION TO CONFIRM THE NOMINATION OF MR. ALBERT FALCAM TO SERVE ON THE FEDERATED STATES OF MICRONESIA SOCIAL SECURITY BOARD OF DIRECTORS, REPRESENTING THE NATIONAL GOVERNMENT.”, begs leave to report as follows:
The intent and purpose of this resolution are expressed in its title.
Your Committee held a hearing on September 19, 2018, the witnesses present included: the nominee, Mr. Albert Falcam, a representative from the FSM Social Security Administration, representatives from the FSM Social Security Administration Board of Directors, and the President’s Chief of Staff.
Your Committee recognizes the importance of having a strong and efficient Board of Directors for the FSM Social Security Administration. Also, it recognizes it is important to have a diverse membership on the Board in order to fully represent all stakeholders in the social security system. Members of the Board should have a diversity of skills and represent the diversity of our island Nation.
The nominee, Mr. Falcam, has served in various government positions since 1972. Most significantly, he served as the Post Master for Pohnpei from 1987-2010. He served his state with distinction in all of his positions, and is very well regarded in the community.
The nominee stated that he is interested in serving on the Board of Directors for the FSM Social Security Administration. He recently resigned his position as part-time Justice for the U Municipal Court as he did not want any conflict regarding his possible nomination. The nominee also stated that he believed he had more than enough time to devote to service on the Board should he be confirmed.
The representative from the FSM Social Security Administration advised your Committee that the nominee has the Administration’s full support It was noted that this nominee has worked with the FSM Social Security Administration as a government employee and is very familiar with all aspects of the
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SEPTEMBER 20, 2018 contributions and benefits process. He is also a retiree, and a social security benefits recipient and brings that perspective to the Board. The representative of the FSM Social Security Board of Directors was also in support of this nominee, and praised his many professional accomplishments.
The Chief of Staff of the President stated that the President communicated his full support of the nominee and his confidence that the nominee would execute his duties to the highest standards.
The Committee was impressed with the nominee’s responses during the hearing and his qualifications. In light of the positive endorsements by the witnesses, and lack of any negative comment regarding this individual, your Committee requests that this nominee be confirmed as a member of the Board of Directors of the FSM Social Security Administration, representing the National Government, at the earliest possible convenience so the Board may utilize his talents to move forward with its important work.
Your Committee on Health and Social Affairs is in accord with the intent and purpose of C.R. No. 20-122, and recommends its adoption in the form attached hereto.
Respectfully submitted,
/s/ Ferny S. Perman Ferny S. Perman, chairman Alik L. Alik, vice chairman
/s/ /s/ Tiwiter Aritos /s/ /s/ Florencio S. Harper Tiwiter Aritos, member Florencio S. Harper, member
/s/ /s/ David W. Panuelo /s/ /s/ Joseph J. Urusemal David W. Panuelo, member Joseph J. Urusemal, member
/s/ /s/ Derensio S. Konman Derensio S. Konman, member
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STANDING COMMITTEE REPORT NO: 20-80
RE: P.C. 20-211/T&C
SUBJECT: FY 2019 BUDGET
SEPTEMBER 20, 2018
The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fifth Regular Session, 2018
Dear Mr. Speaker:
Your Committee on Transportation and Communication, to which was jointly referred Presidential Communication No. 20-211 begs leave to report as follows:
Presidential Communication No. 20-211 concerns the National Government’s proposed budget for fiscal year 2019 as set forth in the National Government Fiscal Year 2019 Proposed Budget (“Budget Book”). Pursuant to rule 7, section 4(b) of the Official Rules of Procedure of the Twentieth Congress of the Federated States of Micronesia, your Committee has limited its review to those portions of the proposed budget relating to matters under its jurisdiction. These are:
1. Department of Transportation, Communications and Infrastructure a. Operations i.Administration ii.Marine Transportation iii.Civil Aviation iv.Communication v.Infrastructure vi.Project Management Unit
2. Grants, Subsidies and Contributions: a. Department of Transportation, Communications and Infrastructure i.FSM Capital Energy ii.Fueling & Provisions of Caroline Voyager & Navigator iii.Asia Pacific Telecommunity (APT) iv.International Telecommunication Union (ITU) v.International Civil Aviation Organization vi.Micronesian Shipping Commission
3. Capital and Human Resources Development a. Department of Transportation, Communications and Infrastructure i.FSM National Government Computer Network (Internet and Equipment cost for centralizing computer services) ii.Outer Island Airport Improvement iii.Woleai Runway Terminal Building
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iv.Woleai Runway Additional Work v.Onoun Runway Overlay and Construction vi.Sapwuafik Runway Rehab and Construction vii.Mwokil Runway Rehabilitation viii.Pingelap Runway Rehabilitation ix.Operation and Dry-docking of Caroline Voyager and Micronesia Navigator x.New Warehouse Building xi.Capital Improvement Projects
This report and all previous and subsequent reports by this committee should be treated as policy for this Nation as defined by the Congress. It is your Committee’s intent that any commentary found in this report should be treated as policy for the guidance of the relevant departments, agencies and offices.
Your Committee conducted a series of public hearings following the convening of the Fourth Regular Session of the Twentieth Congress in May 2018. The report and recommendations that follow are based upon the information contained in the Budget Book and the input provided by witnesses at those hearings.
Your Committee’s findings and recommendations follow:
DISCUSSION OF FY 2019 BUDGET
The appropriations discussed below are presented, by department, office and agency, in the order in which they appear in the Budget Book. The figures given for each department, office and agency include the figures from the budget book for the total amount appropriated by law for FY 2018 and the amount recommended by the President and the amount recommended by Congress for each entity for FY 2019.
Your Committee makes the following recommendations:
IV. Operations
a. Department of Transportation, Communications and Infrastructure
Detail by Division
i.Administration, Office of the Secretary
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended Personnel 90,705 119,439 28,734 90,705 Travel 27,084 37,779 10,695 27,084 Contract 6,500 6,500 0 6,500 OCE 36,000 40,000 4,000 36,000 Fixed 0 15,000 15,000 10,000 TOTAL 160,289 218,718 58,429 170,289 #Positions 6 6 0 6
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Personnel: An increase of $28,734 is sought. A large portion of this is due to the significant salary increase to the secretary from $26,000 to $49,000. The Committee finds the amount requested is not justified.
Travel: An increase of $10,695 is sought. This is related primarily to a greater responsibility to travel to the states more often. There is a trip to D.C. to discuss transportation need, travel to the states to discuss IDP projects, the FAA annual meeting, a trip to the Philippines to discuss international port security reports, meeting with the Coast Guard and to Suva for 2 annual conferences. The Committee finds that the increase is not justified.
Contractual Services: No change is requested in this category.
Other Current Expenses: An increase of $4,000 is sought. This is requested for representation funding for hosting guests. The Committee finds that the increase is justified.
Fixed Assets: An increase of $15,000 is sought. This is for computer upgrades and new furniture. The Committee finds that the increase is justified. ii.Division of Marine Transportation
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended Personnel 95,238 124,273 29,035 124,273 Travel 20,978 28,217 7,239 20,978 Contract 1,031,039 1,434,331 403,292 1,031,039 OCE 0 1,370,830 1,370,830 0 Fixed 0 0 0 0 TOTAL 1,147,255 2,957,651 1,810,396 1,176,290 #Positions 4 5 0 5
Personnel: An increase of $ 29,035 is sought. This is related to a salary increase for the Operation Manager that is already in place and approved in the supplemental. The Committee finds the amount requested is justified.
Travel: An increase of $ 7,239 is sought. There are additional state visits required for additional security assessments and Port Authority inspections. The ISP requires that they support the states until they are in compliance. In addition, the President request an overall assessment of all of the ports. The Committee finds the amount requested is not justified.
Contractual Services: An increase of $403,292 is sought. This amount is due to the fact Marine Transportation employees have not been eligible for MiCare. These funds are to provide medical care for the employees. No reason was provided as to why they are not receiving MiCare coverage. The Committee finds the amount requested is not justified. Other Current Expenses: An increase of $1,370,830 is sought. The department was to provide a written response regarding the increase and no response was received. The Committee finds the amount requested is not justified.
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Fixed Assets: No change is requested in this category. iii.Division of Civil Aviation
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended Personnel 62,241 61,975 (266) 61,975 Travel 29,877 36,680 6,803 36,680 Contract 40,000 80,000 40,000 50,000 OCE 0 15,000 15,000 5,000 Fixed 0 10,000 10,000 0 TOTAL 132,118 203,655 71,537 153,655 #Positions 3 3 0 3
Personnel: There is a small decrease in this category.
Travel: An increase of $ 6,803 is sought. The increase is due to the fact they need to do inspections at airports in all the states and they have to meet with international inspectors. The Committee finds the amount requested is justified.
Contractual Services: An increase of $40,000 is sought. Additional funding is requested to assist with trainings and repairs and to fund a contract for a “specialist”, security trainer. They would like to have more equipment and security contracts. The Committee finds the amount to be excessive and approves a $10,000 increase.
Other Current Expenses: An increase of $15,000 is sought. This request is for office supplies. The committee finds the amount to be excessive and approves a $5,000 increase.
Fixed Assets: An increase of $10,000 is sought. The request is for computer equipment. The Committee finds the request is not justified. iv.Division of Communication
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended Personnel 67,226 68,361 1,135 68,361 Travel 33,900 46,300 12,400 33,900 Contract 30,000 30,000 0 30,000 OCE 0 0 0 0 Fixed 0 5,000 5,000 5,000 TOTAL 131,126 149,661 18,535 137,261 #Positions 3 3 0 3 Personnel: An increase of $ 1,135 is sought. The Committee finds the amount requested is justified.
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SEPTEMBER 20, 2018
Travel: An increase of $12,400 is sought. The request is to have technical staff travel to outer islands to assist school and health clinics per IPU/APD and JTB requirements. The Committee finds the amount requested is not justified.
Contractual Services: No change is requested in this category.
Other Current Expenses: No change is requested in this category.
Fixed Assets: An increase of $ 5,000 is sought. The request is for a computer and equipment. The Committee finds the amount requested is justified. v.Division of Infrastructure
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended Personnel 209,067 237,481 28,414 209,067 Travel 72,942 133,142 60,200 72,942 Contract 186,965 231,465 44,500 186,965 OCE 12,600 21,500 8,900 12,600 Fixed 0 132,000 132,000 30,000 TOTAL 481,574 755,588 277,014 511,574 #Positions 13 13 0 13
Personnel: An increase of $ 28,414 is sought. This is a $10,000 request for overtime and $8,000 for a new inspector position, in addition to some raises for some staff. The Committee finds the amount requested is not justified.
Travel: An increase of $ 60,200 is sought. The request is because there are more projects that require more monitoring. The Committee finds the amount requested is not justified.
Contractual Services: An increase of $ 44,500 is sought. The request is because there are new projects that will require additional maintenance. The Committee finds the amount requested is not justified.
Other Current Expenses: An increase of $ 8,900 is sought. The explanation provided was for “more consumables”. The Committee finds the amount requested is not justified.
Fixed Assets: An increase of $132,000 is sought. The request is for 4 new trucks because the ones they have are outdated. The committee finds the amount requested is excessive and approves an increase of $30,000. vi.Project Management Unit
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended Personnel 0 466,256 466,256 39,791 Travel 0 96,355 96,355 0
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SEPTEMBER 20, 2018
Contract 324,075 68,100 (255,975) 0 OCE 19,645 18,600 (1,045) 5,000 Fixed 0 3,000 3,000 3,000 TOTAL 343,720 652,311 308,591 47,791 #Positions 0 8 8 2
Personnel: An increase of $466,256 is sought. This is to create full-time positions from the contract positions and to fund additional positions. Because the PMU is to be phased out and the work assigned to each state PMO, the Committee finds the amount requested is not justified. The Committee approves the positions of Administrative Officer and IT Personnel and approves an increase of $39,791.
Travel: An increase of $96,355 is sought. This is for monitoring the activities in the states, consultation with the states and writing and monitoring grants. The Committee finds the amount requested is not justified.
Contractual Services: There is a decreased amount of $(255,975) in this category because the PMU has requested the contract positions be changed to full-time employees. No amount is approved for this category because the PMU is to be phased out.
Other Current Expenses: There is a small decrease in this category.
Fixed Assets: An increase of $3,000 is sought. This request is for 2 new laptops. The Committee finds the amount requested is justified.
V. Grants, Subsidies and Contributions
a. Department of Transportation, Communications and Infrastructure
i.FSM Capital energy (Utilities)
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended 600,000 600,000 0 600,000
No change is requested in this category. ii.Fueling & Provisions of Caroline Voyager & Micronesian Navigator
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended 1,345,830 1,345,830 0 1,345,830
No change is requested in this category.
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SEPTEMBER 20, 2018 iii.Asia Pacific Telecommunity (APT)
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended 11,000 11,000 0 11,000
No change is requested in this category. iv.International Telecommunication Union (ITU)
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended 20,867 20,867 0 20,867
No change is requested in this category. v.International Civil Aviation Organization
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended 28,050 28,050 0 28,050
No change is requested in this category.
i.Micronesian Shipping Commission
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended 25,000 25,000 0 25,000
No change is requested in this category.
VI. Capital and Human Resources Development
a. Department of Transportation, Communications and Infrastructure
i.FSM National Government Computer Network (Internet and Equipment cost for Centralizing Computer Services)
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended 100,000 277,420 177,420 100,000
An increase of $177,430 is sought. The request is to connect all of the offices with fiber optics and to upgrade equipment. The Committee finds the amount requested is not justified and no increase is approved.
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SEPTEMBER 20, 2018 ii.Outer Island Airport Improvement
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended 2,500,000 2,500,000 0 2,500,000
No change is requested in this category. iii.Woleai Runway Terminal Building
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended 0 86,000 86,000 0
An increase of $86,000 is sought. The Committee finds that these funds should be accessed from the $2,500,000 approved about for “Outer Island Airport Improvement”. The Committee finds the amount requested is not justified. iv.Woleai Runway Additional Work
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended 0 1,500,000 1,500,000 0
An increase of $1,500,000 is sought. The Committee finds that these funds should be accessed from the $2,500,000 approved about for “Outer Island Airport Improvement”. The Committee finds the amount requested is not justified. v.Onoun Runway Overlay and Construction
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended 0 1,500,000 1,500,000 0
An increase of $1,500,000 is sought. The Committee finds that these funds should be accessed from the $2,500,000 approved about for “Outer Island Airport Improvement”. The Committee finds the amount requested is not justified. vi.Sapwuafik Runway Rehab & Construction
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended 0 500,000 500,000 0
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An increase of $500,000 is sought. The Committee finds that these funds should be accessed from the $2,500,000 approved about for “Outer Island Airport Improvement”. The Committee finds the amount requested is not justified. vii.Mwokil Runway Rehabilitation
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended 0 100,000 100,000 0
An increase of $100,000 is sought. The Committee finds that these funds should be accessed from the $2,500,000 approved about for “Outer Island Airport Improvement”. The Committee finds the amount requested is not justified. viii.Pingelap Runway Rehabilitation
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended 0 1,500,000 1,500,000 0
An increase of $1,500,000 is sought. The Committee finds that these funds should be accessed from the $2,500,000 approved about for “Outer Island Airport Improvement”. The Committee finds the amount requested is not justified.
ix.Operation and Dry-docking of Caroline Voyager and Micronesia Navigator
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended 1,500,000 1,500,000 0 1,500,000
No change is requested in this category.
x.New Warehouse Building
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended 0 860,000 860,000 200,000
An increase of $860,000 is sought. The Committee finds the amount requested is excessive and approves an increase of $200,000.
xi.Capital Improvement Projects
FY 18 FY 19 President Proposed FY 19 Congress Appropriated Recommended Change Recommended 0 0 0 1,200,000
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SEPTEMBER 20, 2018
The Committee allocates $300,000 to each state for Capital Improvement Projects.
CONCLUSION
With the modifications identified above, your Committee on Transportation and Communication recommends authorizing those portions of the FY 2019 budget relating to matters under its jurisdiction, subject to the availability of funds, as determined by your Committee on Ways and Means.
Respectfully submitted,
/s/ Victor V. Gouland Victor V. Gouland, chairman Alik L. Alik, vice chairman
/s/ Florencio S. Harper /s/ Ferny S. Perman Florencio S. Harper, member Ferny S. Perman, member
/s/ Dion G. Neth /s/ Wesley W. Simina Dion G. Neth, member Wesley W. Simina, member
/s/ Joseph J. Urusemal Joseph J. Urusemal, member
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STANDING COMMITTEE REPORT NO. 20-81
RE: PRESIDENTIAL COMMUNICATION NO. 20-211
SUBJECT: FISCAL YEAR 2019 BUDGET/R&D
SEPTEMBER 21, 2018
The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fifth Regular Session, 2018
Dear Mr. Speaker:
Your Committee on Resources and Development, to which was jointly referred Presidential Communication No. 20-211 transmitting the National Government’s proposed FY2019 budget, begs leave to report as follows:
Presidential Communication No. 20-211 transmits the National Government’s fiscal year 2019 Proposed Budget (Budget Book). Pursuant to rule 7, section 2(b), of the Official Rules of Procedures of the Twentieth Congress of the Federated States of Micronesia, your Committee has confined its review to those items of the proposed budget relating to matters within its jurisdiction. These are the budgets for:
1. Department of Resources and Development; 2. National Oceanic Resource Management Authority; 3. FSM Banking Board; 4. FSM Insurance Board; 5. Grants, subsidies and contributions: a. Pacific Island Development Program (PIDP); b. Coordinating Committee for Offshore Mineral Prospecting; c. Pacific Asian Travel Association (PATA); d. United Nations Development Program (UNDP); e. Micronesian Challenge Endowment Fund; f. Food Agriculture Organization (FAO); g. Western Forestry Leadership Coalition h. SPC Matching Fund; i. Micronesian Challenge; j. Micronesian Cruise Association; k. South Pacific Tourism Organization (SPTO) l. International Animal Health Organization (OIE); m. International Renewable Energy Agency (IRENA); n. Micronesian Trade Committee; o. Convention on Biological Diversity (CBD) p. International Fund for Agriculture Development (IFAD); q. Forum Fisheries Agency (FFA); and r. WCPFC Membership Fee (NORMA). 6. Capital and Human Resources Development
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SEPTEMBER 21, 2018 a. FSM Association of Chamber of Commerce; b. State & National Leadership Conference (SNLC); c. FSM Tourism Development Framework; d. National Coastal Fisheries Monitoring Team and ongoing monitoring program to access impacts of CEAFM Program & Climate Change; e. Strengthening Organization, Planning, Management and Accountability Capacity of National and State Private Sector Organization in the FSM; f. 2018-2019 HIES; g. 2020 CPH; h. Capital & Human Resources Development in Monitoring, Control & Surveillance (MCS) i. Commemoration of World Tuna Day – May 2019; j. FFC Meetings; and k. WCPFC Hosting.
This report and all previous and subsequent reports by this Committee should be treated as policy for this Nation as defined by the Congress. It is your Committee’s intent that any comments found in this report should be treated as policy for the guidance of the relevant departments, agencies and offices in the obligation and expenditures of their respective budgets and implementation of their programs.
Your Committee conducted a series of public hearings during the Fourth Regular Session of the Twentieth Congress on May 11, 2018, and continued its public hearings during the Fifth Special Session on August 2 to 7, 2018. The report and recommendations that follow are based upon the information contained in the Budget Book and the input provided by the Secretary, Assistant Secretaries, Directors, Commissioners, and staff of the various departments, offices, agencies and entities during those hearings.
I. DISCUSSION OF THE PROPOSED FY 2019 BUDGET
The figures shown in the chart below for the Department of Resources and Development include the total amount appropriated in FY 2018, the amount requested for FY 2019, and the amount transmitted as recommended for FY 2019. The last column is the amount recommended by your Committee for FY 2019.
FY 2018 FY 2019 FY19 Recom Committee Appro. Proposed Recommends Personnel $839,566 $892,511 $907,313 $907,313 Travel $253,136 $286,791 $286,791 $286,791 Contract.Serv. $91,250 $259,850 $259,850 $12,850 OCE $192,640 $184,540 $184,540 $184,540 Fixed Assets $10,500 $44,000 $44,000 $44,000 Total $1,387,092 $1,667,692 $1,682,494 $1,435,494 No. Employees 37 56 56 56
Your Committee conducted its first public hearing on the FY19 proposed budget on Friday, May 18, 2018. At the hearing, your Committee was informed that there is a proposed restructuring of the Department. The Division of Resources Management and Development will be eradicated, and the staff will be reshuffled
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SEPTEMBER 21, 2018 within the Department. The restructuring of the Department is to create three Assistant Secretaries to head three Divisions, and this restructuring is coordinated with the Department of Justice.I(a). Office of the Secretary FY 2018 FY 2019 FY19 Recom Committee Appro. Proposed Recommends Personnel $74,787 $74,137 $75,412 $75,412 Travel $35,993 $46,640 $46,640 $46,640 Contract.Serv. $150 $150 $150 $150 OCE $15,640 $15,640 $15,640 $15,640 Fixed Assets $5,000 $2,000 $2,000 $2,000 Total $131,570 $138,567 $139,842 $139,842
No. Employees 3 3 3 3
Personnel - The FY18 appropriation was $74,787. The requested amount for FY19 is $74,137, but $75,412 was recommended. The salary for the Secretary’s position (Marion Henry) is at $40,000. The Executive Secretary II position (Roselynn David) is at $9,044. The salary for the Administrative Officer II (Hannalisa Esquerra) is at $14,723. The fringe benefit is recommended at $9,565 instead of $8,290. The COLA is $2,080. The total funding for three employees including fringe benefits and COLA is $75,412.
Your Committee recommends $75,412.
Travel – In FY 2018, an amount of $35,993 was appropriated. For FY 2019, the proposed amount by the Department is $46,640, which was recommended. This is an increase of $10,647 as compared to FY18 appropriation. Of the $46,640 requested, $12,016 is to fund the Secretary’s visits to each state, $3,792 is to fund the Secretary to the Micronesian Island Forum in Palau, $3,792 is to fund the Secretary to the Micronesian Presidential Summit in Palau, $15,000 is to fund participants to Ministerial trade meetings, and $12,000 to fund an IRENA meeting in Rome.
Your Committee recommends $46,640.
Contractual Services – An amount of $150 was appropriated in FY 2018 for magazine and newspaper subscriptions. The same amount is being requested for FY 2019 for the same purpose, and was recommended. Your Committee recommends $150.
Other Current Expenses - An amount of $15,640 was appropriated in FY 2018. For FY19, the Department requested the same amount, which was recommended. Your Committee recommends $15,640.
Fixed Assets – The amount appropriated in FY 2018 was $15,640. For FY 2019, the Department requested $2,000 to purchase office equipment, and was recommended. Your Committee recommends $2,000.
II. Tourism Unit
FY 2018 FY 2019 FY19 Recom Committee Appro. Proposed Recommends Personnel $19,465 $47,810 $48,619 $48,619 Travel $32,098 $40,178 $40,178 $40,178
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Contract.Serv. $3,500 $3,500 $3,500 $3,500 OCE $8,000 $13,200 $13,200 $13,200 Fixed Assets $2,000 $2,000 $2,000 $2,000 Total $65,063 $106,688 $107,497 $107,497 No. Employees 1 2 2 2
Personnel – In FY18, an amount of $19,465 was appropriated to fund one employee. For FY19 budget, the proposed amount is $47,810 for two positions (a Deputy Assistance Secretary and an Assistant Secretary), but $48,619 was recommended. The Assistant Secretary’s position is a result of the restructuring in the Department, basically to abolish the Division of Resource Management and Development. Mr. Bermance Aldis is the Deputy Assistant Secretary with a salary of $18,092. The Assistant Secretary position is listed as vacant with a salary of $22, 377. The fringe benefit is recommended at $6,080 and the COLA at $2,080.
Your Committee recommends $48,619.
Travel – An amount of $32,098 was appropriated in FY18. For FY19, there was a request of $40,178, which was recommended. This is an increase of $8,080, as compared to FY18 appropriation. An amount of $12,058 is requested to fund states’ visits. Another $12,056 is for the Assistant Secretary for states’ visits also. There is an amount of $16,066 requested for regional meetings (SPTO/PATA/MCA). Your Committee recommends $40,178.
Contractual Services - In FY 2018, an amount of $3,500 was appropriated for the operation and maintenance of the FSM Website Service. For FY19, the same amount is requested for the same purpose. Your Committee recommends $3,500.
Other Current Expenses – An amount of $8,000 was appropriated in FY 2018. For FY19, the requested amount is $13,200 to pay communications, printing, reproductions, supplies and materials. Your Committee recommends $13,200.
Fixed Assets – In FY 2018, an amount of $2,000 was appropriated. For FY 2019, an amount of $2,000 is requested and recommended to purchase a desktop computer. Your Committee recommends $2,000.
III. Marine Resources Unit
FY 2018 FY 2019 FY19 Recom Committee Appro. Proposed Recommends Personnel $40,030 $66,356 $67,475 $67,475 Travel $22,843 $47,544 $47,544 $47,544 Contract.Serv. $0 $0 $0 $0 OCE $8,000 $14,200 $14,200 $14,200 Fixed Assets $0 $0 $0 $0 Total $70,873 $128,100 $129,219 $129,219 No. Employees 2 3 3 3
Personnel – An amount of $40,030 was appropriated in fiscal year 2018 for two employees inclusive of their fringe benefits and COLA. For FY19, the requested amount is $66,356, but $67,475 was recommended for three employees, a new Assistant Secretary position with a salary of $22,377, the Deputy
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Assistant Secretary (Valentine Martin) with a salary of $16,306, and the Fisheries Management and Conservation Officer (Dave Mathias) with a salary of $15,492. The new Assistant Secretary position is part of the restructuring of the Department. The fringe benefit is $8,394 and $3,120 for COLA. Your Committee recommends $67,475.
Travel – In FY 2018, an amount of $22,843 was appropriated. For FY19, an amount of $47,544 is requested and recommended. This amount is to fund a visit to each state, Micronesian Island Forum (MIF) in Palau, Micronesian Presidential Summit in Palau and a regional meeting. Your Committee recommends the $47,544.
Contractual Services – In FY 2018, there was no funding appropriated. There is also no request for this fiscal year. Your Committee recommends $0.
Other Current Expenses – An amount of $8,000 was appropriated in fiscal year 2018. This year, there is a request of $14,200, which was recommended. Your Committee recommends $14,200.
Fixed Assets - There was no funding appropriated in FY 2018. This year, there is no request. Your Committee recommends $0.
IV. Agriculture Unit
FY 2018 FY 2019 FY19 Recom Committee Appro. Proposed Recommends Personnel $289,931 $316,257 $321,431 $321,431 Travel $39,747 $51,883 $51,883 $51,883 Contract.Serv. $0 $0 $0 $0 OCE $53,500 $62,000 $62,000 $62,000 Fixed Assets $2,000 $38,000 $38,000 $38,000 Total $385,178 $468,140 $473,314 $473,314 No. Employees 22 23 23 23
Personnel – The amount appropriated in FY18 was $289,931 for twenty-two employees inclusive of their COLA and 13% fringe benefits. The request for FY19 is $316,257, but the recommended amount is $321,431. This is an increase of $31,500, as compared to FY18 appropriation. The increase is to accommodate increases in employees, COLA and fringe benefits. There is an additional position, which is an Assistant Secretary with a salary of $22,377. Again, this new position is part of the restructuring of the Department. Your Committee recommends $321,431.
Travel – In FY 2018, an amount of $39,747 was appropriated. This year the requested amount is $51,883, which was recommended. This is an increase of $12,136, as compared to FY18 appropriation. The increase in travel is to fund the Assistant Secretary to visit each state. Your Committee recommends $51,883.
Contractual Services – In FY18 budget, there is no amount appropriated. For FY19, there is no amount requested. Your Committee recommends $0.
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Other Current Expenses - In FY 2018, an amount of $53,500 was appropriated. For FY19 budget, the request is $62,000 and was recommended. This is an increase of $8,500, as compared to FY18 appropriation. Your Committee recommends $62,000.
Fixed Assets – In FY18, there was no appropriated amount. In FY 2019, the requested amount is $38,000. There is $6,000 requested to purchase three desktop computers, and $32,000 for a Double Cab/Pick-up Truck. Your Committee recommends $38,000.
V. Division of Trade and Investment
FY 2018 FY 2019 FY19 Recom Committee Appro. Proposed Recommends Personnel $69,294 $79,685 $81,021 $81,021 Travel $48,450 $48,470 $48,470 $48,470 Contract.Serv. $40,400 $209,000 209,000 $9,000 OCE $20,500 $13,000 $13,000 $13,000 Fixed Assets $0 $0 $0 $0 Total $178,644 $350,255 $351,591 $151,491 No. Employees 3 4 4 4
Personnel – The amount appropriated in FY 2018 was $69,294 for three employees. For FY19, the request is $79,685, but $81,021 was recommended. This is an increase of $11,727, as compared to the FY18 appropriation. As mentioned, there is an Assistant Secretary, which is part of the restructuring of the Department. So all together, there will be four employees. Your Committee recommends $81,021.
Travel – An amount of $48,450 was appropriated in FY 2018. This year, the Division is requesting $48,470 and was recommended. Your Committee recommends $48,470.
Contractual Services - In FY 2018, an amount of $40,400 was appropriated. For FY19, $209,000 is requested ($9,000 for the website maintenance and $200,000 for a T&I advisory contractual services). At the mark-up meeting on September 19, 2018, your Committee did not approve the $200,000 for the Trade & Investment advisor; stating that the Department needs to justify more on what necessitates the dire need of this T&I advisor. Your Committee recommends $9,000.
Other Current Expenses - An amount of $20,500 was appropriated under this category in FY 2018. This year, the Division has requested $13,000 and was recommended. Your Committee recommends $13,000.
Fixed Assets - No funding appropriated in FY 2018. This year, there is no funding requested. Your Committee recommends $0.
VI. Division of Energy
FY 2018 FY 2019 FY19 Recom Committee Appro. Proposed Recommends Personnel $26,326 $26,326 $26,774 $26,774 Travel $31,980 $27,964 $27,964 $27,964
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Contract.Serv. $200 $200 $200 $200 OCE $5,500 $5,500 $5,500 $5,500 Fixed Assets $1,500 $2,000 $2,000 $2,000 Total $65,506 $61,990 $62,438 $62,438 No. Employees 1 1 1 1
Personnel – In FY 2018, an amount of $26,326 was appropriated for the Assistant Secretary (Hubert Yamada), but the “Budget Book for FY 2018 reflected an amount of $29,380. For FY19, $26,326 is requested, but $26,774 was recommended. Your Committee recommends $26,774.
Travel – In FY 2018, an amount of $31,980 was appropriated. This year, there is a request of $27,964, which was recommended. Your Committee recommends $27,964.
Contractual Services - For FY 2018, an amount of $200 was appropriated for subscriptions. This year, the same amount is requested and recommended. Your Committee recommends $200.
Other Current Expenses – In FY 2018, an amount of $5,500 was appropriated. The same amount is requested and recommended for FY 2019. Your Committee recommends $5,500.
Fixed Assets – In FY 2018, $1,500 was appropriated. This year, the Division is requesting $2,000 to purchase a desktop computer, which was recommended. Your Committee recommends $2,000.
VI Division of Statistics
FY 2018 FY 2019 FY19 Recom Committee Appro. Proposed Recommends Personnel $283,016 $281,940 $286,581 $286,581 Travel $24,032 $24,112 $24,112 $24,112 Contract.Serv. $47,000 $47,000 $47,000 $47,000 OCE $61,000 $61,000 $61,000 $61,000 Fixed Assets $0 $0 $0 $0 Total $415,048 $414,052 $418,693 $418,693 No. Employees 19 19 19 19
Personnel – In FY2018, an amount of $283,016 was appropriated to fund 19 employees. For FY19, an amount of 281,940 is requested, but $286,581 was recommended due to the increase in fringe benefits. The number of employees remains the same. Accordingly, out of the 19 positions, there are two vacant positions. Your Committee recommends $286,581.
Travel – The FY2018 appropriated amount was $24,032. For FY2019, there is a request of $24,112, which was recommended. Your Committee recommends $24,112.
Contractual Services – In FY18, an amount of $47,000 was appropriated. For FY19, the Division is requesting the same amount and was recommended. Your Committee recommends $47,000.
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Other Current Expenses – In FY2018, an amount of $61,000 was appropriated. For FY2019, the same amount is requested and recommended. Your Committee recommends $61,000.
Fixed Assets – In FY2018, there was no appropriation. For FY19, there is no request. Your Committee recommends $0.
VII. NATIONAL OCEANIC RESOURCE MANAGEMENT AUTHORITY (NORMA)
Your Committee conducted the NORMA’s FY19 budget hearing on Tuesday, August 8, 2018. Witnesses at the hearing included: Executive Director Mr. Eugene Pangelinan, Deputy Executive Director Mathew Chigiyal, Mrs. Liman Helgenberger, Chief of Management and Development, Mr. Sohs John, Chief Budget Officer, Assistant Secretary, Mr. Dwight Edward and Special Assistant to the President, Mr. Pelsesar Petrus.
The figures shown in the chart below for NORMA include the total amount appropriated in FY 2018; the FY 2019 amount requested by NORMA, and the amount transmitted as recommended, as listed in the “FY 2019 Recommended” column in the “Budget Book”. The last column is the amount recommended by your Committee for FY 2019.
FY 2018 FY 2019 FY19 Recom Committee Appro. Proposed Recommends Personnel $369,832 $380,560 $386,964 $386,964 Travel $200,000 $185,698 $185,698 $185,698 Contract.Serv. $115,750 $132,750 $132,750 $142,750 OCE $76,012 $73,300 $73,300 $73,300 Fixed Assets $35,000 $0 $0 $0 Total $796,594 $772,308 $778,712 $788,712 No. Employees 11 21 21 21
Personnel – The amount appropriated in FY18 was $369,832 for 21 employees. For FY 2019, the Authority requested $380,560, but $386,964 was recommended. This is an increase of $17,132, as compared to the FY18 appropriation.
At the hearing, your Committee was informed of a certain increase in salaries for certain individuals. The reason for the adjustment is based on an increase of responsibilities and a change of title, and the Assistant Secretary, Division of Personnel, substantiated such increases. The Deputy Executive Director’s salary is adjusted from $24,839 to $35,000, the Chief of Management and Development position’s salary is adjusted from $18,092 to $22,377, the Chief of Research position’s salary is adjusted from $18,092 to $22,377, the Observer Coordinator’s position is adjusted from $13,995 to $15,492, and the title of the Port Sampler Supervisor is changed to Port Sampler Coordinator with an adjusted salary of $13,308.
Your Committee recommends $386,964.
Travel – In FY 2018, the amount appropriated was $200,000. The amount requested and recommended for FY19 is $185,698. At the hearing, it was discussed that even though the request is lower than the FY18 appropriation, the Authority still needs the FY18 appropriation level. Your Committee recommends $185,698.
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Contractual Services – In FY 2018, an amount of $115,750 was appropriated. For the FY19 request, an amount of $132,750 was requested and recommended. The breakdown of the $132,750 is as follows: FY18 FY19 request • Legal Advisor 40,000 40,000 • Meeting allowance 7,000 7,500 • Office rental 43,200 45,600 • Representation 20,000 30,000 • Subscription 2,050 2,050 • Internship fisheries related 3,000 3,000 • Office 365 Premium 4,600 Total:------115,750 132,750
At the hearing, the Executive Director indicated that there is a need to increase the compensation for the Legal Advisor from $40,000 to $50,000 because it is very difficult to recruit with the current $40,000. Hence, at the mark up meeting of your Committee on September 19, 2018, your Committee recommended the $50,000 for the Legal Advisor.
Your Committee recommends $142,750.
Other Current Expenses – The amount appropriated in FY 2018 was $76,012. The request for FY 2019 is $73,300, which is a decrease of $2,712, as compared to the FY18 appropriation. Your Committee recommends $73,300.
Fixed Assets – In FY18, an amount of $35,000 was appropriated. For FY19, there is no request. Your Committee recommends $0.
VIII. FSM BANKING BOARD
The figures shown in the chart below for the FSM Banking Board include the total amount appropriated in FY 2018; the amount requested by the FSM Banking Board for FY 2019, and the amount transmitted as recommended for FY 2019. The last column is the amount recommended by your Committee for FY 2019.
FY 2018 FY 2019 FY19 Recom Committee Appro. Proposed Recommends Personnel $88,273 $91,693 $93,068 $93,068 Travel $79,772 $84,726 $84,726 $84,726 Contract.Serv. $22,225 $22,225 $22,225 $22,225 OCE $20,028 $19,033 $19,033 $19,033 Fixed Assets $0 $1,500 $1,500 $1,500 Total $210,298 $219,177 $220,552 $220,552 No. Employees 4 4 4 4
Your Committee held a public hearing on Monday, September 17, 2018, to consider the FSM Banking Board’s proposed FY 2019 budget requests. Witnesses included: Members of the FSM Banking Board Mr.
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Alexander Narruhn, Mr. Joe Hambuchimai and Mr. Reed Oliver, the Banking Commissioner, Mr. Jesse Giltamag, Mr. Pilika Palik, Financial Analyst, Banking Examiner, Miss Molleighann Cornelius; Assistant Secretary Dwight Edward and Mr. Pelsesar Petrus, the President’s Special Assistant.
Personnel – The amount appropriated in FY 2018 was $88,273. For the FY19 request, the Banking Board requested $91,693, but an amount of $93,068 was recommended. There is a $2,000 increase on the Banking Commissioner’s salary and a minor increase in the fringe benefits. Your Committee recommends $93,068.
Travel – An amount of $77,138 was appropriated in FY 2018. The proposed amount for FY 2019 is $84,726, which was recommended. Your Committee recommends $84,726.
Contractual Services – In FY 2018, an amount of $22,225 was appropriated. The FSM Banking Board requested the same amount for FY 2019, which was recommended. Your Committee recommends $22,225.
OCE – The amount appropriated in FY18 was $20,028. The requested amount for FY19 is $19,033, which was recommended. This is a decrease of $995, as compared to the FY18 appropriation. At the hearing, your Committee learned that the Banking Board decreased its internet funding by around $100. Your Committee recommends $19,033.
Fixed Assets – In FY 2018, there was no appropriation. For FY19, there is a proposed amount of $1,500 to purchase a touchscreen laptop and a scanner. Your Committee recommends $1,500.
IX. FSM INSURANCE BOARD
The figures shown in the chart below for the FSM Insurance Board include the total amount appropriated in FY 2018; the amount requested by the FSM Insurance Board for FY 2019, and the amount transmitted as recommended for FY 2019. The last column is the amount recommended by your Committee for FY 2019.
FY 2018 FY 2019 FY19 Recom Committee Appro. Proposed Recommends Personnel $118,034 $118,034 $119,805 $119,805 Travel $76,420 $78,488 $76,420 $76,420 Contract.Serv. $85,255 $414,255 $414,255 $414,255 OCE $22,590 $20,790 $20,790 $20,790 Fixed Assets $0 $2,000 $2,000 $2,000 Total $302,299 $633,567 $635,338 $635,338 No. Employees 5 5 5 5
Your Committee held a public hearing with the FSM Insurance Board on Monday, September 17, 2018. Witnesses included: Insurance Board members Alex Narruhn, Reed Oliver and Joe Hambuchimai; the Insurance Commissioner Mr. Nakama Sana and Insurance Examiner Mr. Adelman Joseph. Mr. Dwight Edward and Peltesar Petrus were also present.
Personnel – The amount appropriated in FY18 was $118,034. For FY19, the request is $119,805 for five employees.
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The Insurance Commissioner’s actual salary appropriated in FY18 was $30,584, and for FY19 the line item in Personnel reflected an amount of $30,520. The Insurance Examiner (Adelman Joseph) is at $22,377. Another Insurance Examiner, which is now vacant is at $22,377. The Financial Analyst (Mylee Mario) salary is at $16,304. The Executive Secretary I (Lilly Billen) salary is at $8,275. The fringe benefits is $14,752 and the COLA is $5,200. The total sum, as requested is $119,805. There was a proposed increase of $10,000 to the Insurance Commissioner’s salary based on the workload of the Insurance Commissioner, but was not honored.
Your Committee recommends $119,805.
Travel – An amount of $76,420 was appropriated in FY18. For FY19, the same amount is requested and recommended. Your Committee recommends $76,420.
Contractual Services – In FY 2018 an amount of $85,255 was appropriated. For FY 2019 the request is $414,255, which was recommended. Your Committee was informed at the hearing that there is $375,000 requested to fund a Captive Insurance expert. The Insurance Board is working on the contract for the Captive Insurance expert who is a former Insurance Commissioner of Hawaii.
At the mark-up hearing of your Committee on September 19, 2018, your Committee had considered the importance of the Captive Insurance expert, and recommends $414,255.
OCE – In FY 2018 an amount of $22,590 was appropriated. This year there is a request of $20,790, which was recommended. This is an decrease of $1,800, as compared to FY18 appropriation. Your Committee recommends $20,790.
Fixed Assets – In FY18 budget, there was no appropriation. For FY19, there is of $2,000 to purchase two laptops. Your Committee recommends $2,000.
VII. GRANTS, SUBSIDIES & CONTRIBUTIONS
In comparing the FY18 appropriation of $433,920 of grants, subsidies, contributions and other grants for the Department, NORMA, the FSM Banking Board and the FSM Insurance Board to the Committee’s recommendation for FY19 of $611,502, there is an increase of $177,582.
Department of Resources and Development Grants, Contributions & FY 2018 FY 2019 FY19 Committee Subsidies Appropri Proposed Recommends Recommends
1. Pacific Island Development 15,000 15,000 15,000 $15,000 Program (PIDP) 2. Forum Fisheries 38,918 0 0 $0 Agency(FFA)
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3. Coordinating Committee for 0 0 0 $0 Offshore Mineral 4. Pacific Asian $5,000 $6,000 $6,000 $6,000 Travel Association (PATA) 5. United Nations $30,000 $30,000 $30,000 $30,000 Development Program (UNDP)
6. Micronesian $50,000 $50,000 $50,000 $100,000 Challenge Endowment Fund 7. Seaframe $0 $0 $0 $0 8. Food Agriculture Organization $4,800 $4,800 $4,800 $4,800 (FAO) 9. Western Forestry $530 $530 $530 $530 Leadership Coalition 10. Matching to SPC $60,000 $60,000 $60,000 $60,000 Projects 11. Micronesian $10,000 $10,000 $10,000 $10,000 Challenge 12. Micronesian $2,500 $2,500 $2,500 $2,500 Cruise Association
13. South Pacific $15,000 $8,000 $8,000 $8,000 Tourism Organization 14. International $23,000 $23,000 $23,000 $23,000 Animal Health Organization (OIE) 15. SPC Site Rental $0 $0 $0 $0 16. IRENA $250 $250 $250 $250 17. Micronesia Trade Com. $30,000 $30,000 $30,000 $30,000 18. Convention on $1,000 $1,000 $1,000 $1,000 Biological Diversity (CBD) 19. IFAD $500 $500 $500 $500 Total Grants, $286,498 $241,580 $241,580 $291,580 Subsidies & Contributions for R&D
At the mark-up meeting of your Committee on September 19, 2018, your Committee learned that the FFA funding is now under NORMA’s budget. Your Committee recommended $100,000 for the Micronesian Challenge Endowment Fund.
OTHER GRANTS, FY 2018 FY 2019 FY19 Committee CONTRIBUTIONS Appropriation Proposed Recommended Recommends & SUBSIDIES 1. NORMA – WCPFC $108,504 $257,284 $108,505 $257,284 Tuna Commission Fee 2. Forum Fisheries Age $38,918 $62,638 $38,918 $62,638
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Agency (FFA) Membership fee TOTAL FOR GRANTS, $147,422 $319,922 $147,422 $319,922 SUBSIDIES & CONTRIBUTIONS
FFA Membership Fees ($62,638) It should be noted that for the past several fiscal years, the Department of Resources and Development has in its budget the Forum Fisheries Agency (FFA) fee. For FY2019, a total of $62,638 is needed to pay the annual membership for fiscal years 2018 and 2019. The past arrears are comprised of a shortfall of $4,672 in fiscal years 2016 and 2017 and $9,524 in fiscal years 2017 and 2018. Only $38,918 was appropriated in fiscal year 2018. These past arrears are merely a result of FFA fiscal year period being different from that of the FSM National Government.
WCPFC Membership Fees ($257,284) For FY2019, NORMA is requesting a total of $257,284 to pay it’s the annual membership fee. The amount of $108,505 was appropriated in fiscal year 2018 and the same amount is requested for this fiscal year 2019. According to NORMA, an amount of $170,094 was assessed as FY2019 annual membership fee. There were past arrears that were assessed, $59,137 for FY2016 and $28,053 for FY2017. Adding up the fiscal year 2019 membership fee in the amount of $170,094 to FY16 ($59,137) and FY17 ($28,053) arrears, the total would be $257,284. These past arrears are also a result of assessed membership contributions on a calendar basis.
IX. CAPITAL & HUMAN RESOURCES DEVELOPMENT BUDGET
The Committee’s mark-up meeting on the FY19 budget requests was held on September 19, 2018. Your Committee recommends the following for the fiscal year 2019.
In comparing the FY18 appropriation of $1,485,669 of Capital and Human Resources Development for the Department, the FSM Banking Board, the FSM Insurance Board and NORMA to the Committee’s recommendation for FY19 of $4,594,959, there is an increase of $3,109,290.
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FY2018 FY2019 FY19 Committee Appropria. Proposed Recommended Recommends
a. FSM Association of Chamber $67,000 $80,000 $80,000 $0 of Commerce/ Support to COC
b. State Trade Fairs $0 $0 $0 $0 Enhancing Value Addition
c. R&D SNLC $60,000 $60,000 $60,000 $60,000
d. FSM Tourism $100,0000 $0 $0 $0 Development Framework e. National Trade $0 $0 $0 $0 Facilitation Committee f. Food Security $300,000 $0 $0 $0 Production g. Secretariat/Hosting $0 $0 $0 $0 conference equipment/ materials i. Implement National $0 $0 $0 $0 Tourism Policy/Tourism Investment Plan
j. Assistance to States $0 $0 $0 $0 for Tourism Investment Plan Implementation
k. Phase II Foreign Investment $0 $0 $0 $0 Review l. Forfeith Session of $8,827 $0 $0 $0 the Governing Council of the International Fund for Agriculture Dev. (IFAD)
m. National Coastal $16,325 $16,325 $16,325 $16,325 Fisheries Monitoring Team and ongoing monitoring program to access impacts of CEAFM Program & Climate Change
n. Civil Organization $0 $0 $0 $0 & NGO’s
o. Chamber of Commerce $0 $0 $0 $0 Chuuk State p. Chamber of Commerce $0 $0 $0 $0 Kosrae State q. Chamber of Commerce $0 $0 $0 $0 Pohnpei State
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r. Chamber of Commerce $0 $0 $0 $0 Yap State s. Strengthening Organization $42,319 $80,000 $80,000 $42,319 Planning, Management & Accountability Capacity of National/State Private Sector Organization in the FSM t. National Trade & $51,250 $0 $0 $0 Investment Portal u. R&D conference $80,000 $0 $0 $0 v. Implementation of the Nagoya $0 $0 $0 $0 Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits from their Utilization to Convention on Biological Diversity. w. Development of a $0 $0 $0 $0 Comprehensive Intellectual Property Rights Regime x. Computing Facility $38,270 $0 $0 $0 Upgrade y. 2018-2019 HIES $261,347 $155,000 $155,000 $155,000 z. 2020 CPH $18,331 $1,516,315 $1,516,315 $1,516,315 a1. Enhancing Private Sector $50,000 $0 $0 $0 Competitiveness - Production of high quality import substitutes & value added a2. Enhancing Private Sector $0 $0 $0 $0 Competitiveness - Supporting Business & products/services upgrading a3. Enhancing Private Sector $22,000 $0 $0 $0 Competitiveness - Marketing and promotion of FSM products overseas and integration into Regional/Global supply chains. A4. Assistance to $0 $0 $0 $750k for States for Tourism Chuuk; Investment Plan $750k for Implementation PNI; $500k for KSA; $500k for Yap $2,500,000
Total for R&D Dept. $1,115,669 $1,907,604 $1,907,640 $5,189,959 NORMA a. Hosting of PNA $0 $0 $0 $0 Leaders Summit b. Capital & Human $55,000 $0 $0 $0 Development Programs in Monitoring, Control & Surveillance (MCS)
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c. Commemoration of $15,000 $25,000 $25,000 $25,000 World Tuna Day d. FFC Meetings $0 $80,000 $80,000 $80,000 e. WCPFC hosting $0 $100,000 $100,00 $0 Total $70,000 $205,000 $205,000 $105,000
Your Committee took out the funding for the Chamber of Commerce because the Chamber failed to report on the use of the funding. There is $2,500,000 your Committee recommended for Tourism Investment Plan Implementation to be divided as follows: $750,000 for Pohnpei, $750,000 for Chuuk, $500,000 for Yap and $500,000 for Kosrae.
The World Tuna Day request of $25,000 is an annual event, which started in fiscal year 2018. The commemoration usually occurs in the May of each year as part of a public awareness and educational program. The FSM will be hosting the FFA Official Meeting of the Forum Fisheries Committee in May 2019 and $80,000 would be needed to defray the costs associated with the hosting.
Since NORMA no longer hosting the WCPFC this year, the funding is not needed.
FSM Insurance Board 1. Improve & Strengthen $0 $0 $0 $0 Statute/regs framework 2. In-house Consultant/On $0 $0 $0 $0 Site Examination & Investigation of Affairs of Captive Insurance
2. Recruitment of a $100,000 $0 $0 $0 Captive Insurance Advisor Total for Insurance $0 $0 $0 $0 Board Other CIP 1. Conservation $200,000 $0 $0 $200,000 Society in each state ($50k each state) Total for Capital and $ $ $ $200,000 Human Resource Development
The breakdown of the $200,000 for the Conservation Societies in each state is at $50,000.
CONCLUSION
Your Committee on Resources and Development has carefully reviewed the President’s recommended FY 2019 budget and all information provided by the Executive and the entities under your Committee’s jurisdiction. The recommended sums set forth above reflect your Committee’s recommendations on the
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SEPTEMBER 21, 2018 level of funding for the designated activity, program or project for FY 2019, subject to the recommendations of the Committee on Ways and Means.
Respectfully submitted,
/s/ David W. Panuelo David W. Panuelo, chairman Tiwiter Aritos, vice chairman
/s/ /s/ Victor V. Gouland /s/ /s/ Isaac V. Figir Victor V. Gouland, member Isaac V. Figir, member
/s/ /s/ Derencio S. Konman /s/ /s/ Esmond B. Moses Derensio S. Konman, member Esmond B. Moses, member
/s/ ______Alik L. Alik, member
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STANDING COMMITTEE REPORT NO. 20-82
RE: PRESIDENTIAL COMMUNICATION NO. 20-211
SUBJECT: FY 2019 BUDGET/W&M
SEPTEMBER 24, 2018
The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fifth Regular Session, 2018
Dear Mr. Speaker:
Your Committee on Ways and Means, to which was jointly referred Presidential Communication No. 20- 211 transmitting the National Government’s proposed FY 2019 budget, begs leave to report as follows:
Presidential Communication No. 20-211 was transmitted to Congress with the National Government Fiscal Year 2019 Recommended Budget ("Budget Book"). Pursuant to rule 7, section 1(b), of the Official Rules of Procedure of the Twentieth Congress of the Federated States of Micronesia, your Committee has limited its review to portions of the budget under its jurisdiction. These are:
OPERATIONS Budget a) Office of the President b) Department of Finance and Administration c) Office of the National Public Auditor d) Congress
GRANTS, SUBSIDIES AND CONTRIBUTIONS Budget
Office of the President a) Asia-Pacific Institute for Broadcasting Development (AIBD) b) Asia Pacific Broadcasting Union c) Pacific Island News Association d) Asia Pacific Investment e) Former Presidents’ Allowance f) Joint Committee on Compact Review and Planning (JCRP) g) UNFPA h) Economic Diplomacy i) Citizens Outreach and Advocacy Program j) State Consultations k) Micronesia Island Forum l) PIF m) PIDF
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Department of Finance and Administration n) CTA-OCO Membership Fee o) Maintenance Fee for FMIS p) PITTA – CTA q) ADB, IMF & Budget, Finance Consultations r) Macro Economic Advisor s) Global Forum Membership t) PFTAC Membership Fee u) CTA Conference
Congress v) IPU Conferences w) Climate Change Conferences x) ACP y) APPU z) APPF aa) Staff Upgrade ab) World Bank-IMF Annual Meeting ac) MRA Conference in Japan ad) Fisheries Meetings ae) IPU Annual Dues af) COFA Alliance National Network (CANN) ag) Travel to Investment Advisor (Wilshire) ah) Compact Historical Project ai) Trip to Vietnam
Other Grants, Subsidies and Contributions aj) MLFC Loan Payment ak) Single Audit Fee (FY 2019) al) Staff Housing am) Recruitment and Repatriation an) Independence Day Activities ao) JCRP: Legal & Advocacy Services
CAPITAL AND HUMAN RESOURCE DEVELOPMENT Budget
President’s Office a) FSM Trust Fund
Department of Finance and Administration b) FSM Warehouse Lease c) PCD Awareness and Training
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This report, and all previous and subsequent reports by this Committee, should be treated as policy for this Nation, as defined by Congress. It the intent of your Committee that any commentary found in this report should be treated as policy for the guidance of the relevant departments, agencies and offices.
During May, June, and September of 2018, your Committee conducted public hearings regarding the FY 2019 budget and deliberated upon the findings and all other information gathered. Thereafter, your Committee held a final mark-up session in September of 2018. This Standing Committee Report reflects the recommendations of your Committee on Ways and Means regarding the proposed FY 2019 budget under its jurisdiction. Throughout this report, the amounts in columns titled “FY 18 Amended Appropriation” refer to the amounts appropriated for Fiscal Year 2018 through September 1, 2018 (as of P.L. No. 20-103).
OPERATIONS BUDGET
(a) Office of the President
The following is an overview of your Committee’s recommended funding for the total operations of the Office of the President in FY 2018. The funding source is domestic revenue.
Overview – Total Operations FY19 FY19 FY18 Original FY18 Amended Executive Committee
Appropriation Appropriation Recommenda Recommendati tion on Personnel $565,010 $565,010 $592,999 $592,999 Travel $200,000 $471,600 $412,216 $312,000 Contractual Services $420,000 $610,000 $420,000 $420,000 OCE $100,000 $150,000 $120,096 $119,500 Fixed Assets $5,500 $5,500 $5,500 $5,500 Total $1,290,510 $1,802,110 $1,550,811 $1,449,999 Employees 25 25 24 24
Your Committee notes that there was an error in the personnel cap for the Office of the President in the FY 2018 Budget. The cap was inadvertently set at 25, while there appeared to be 23 employees in the office. One employee was added in FY 2018 under the cap, and there are now 24 employees in the office. Your Committee notes that there are contradictions and errors in the budget book, and will diligently review personnel caps for all departments, offices, and agencies of the National Government to ensure all caps are accurate in the final budget bill.
Your Committee also notes that there will be small increases in personnel throughout the budget to reflect the increase in costs of fringe benefits. Finally, your Committee notes that only the
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SEPTEMBER 24, 2018 personnel budget line item can be estimated to an exact amount, the remaining budget items will be rounded when possible for ease of tracking and computation.
A detailed discussion of each of the divisions of the Office of the President follows.
Office of the President - President’s Office FY18 Original FY19 Executive FY19 Committee
Appropriation Recommendation Recommendation Personnel $285,710 $290,230 $290,230 Travel $100,391 $234,109 $182,000 Contractual $183,000 $183,000 $183,000 Services OCE $25,904 $46,000 $46,000 Fixed Assets $3,000 $3,000 $3,000 Total $598,005 $756,339 $704,230 Employees 10 10 10
Your Committee heard testimony from the Office of the President regarding the increase in travel needs and OCE for the President’s Office. Your Committee recommends partially funding the requested increase in the travel budget, and fully funding the increase in OCE.
Your Committee’s recommended funding for Fiscal Year 2019 for the President’s Office is $704,230.
Office of the President – Public Information Office FY18 Original FY19 Executive FY19 Committee
Appropriation Recommendation Recommendation Personnel $60,721 $44,984 $44,984 Travel $19,609 $19,609 $20,000 Contractual $2,000 $2,000 $2,000 Services OCE $24,340 $24,340 $24,000 Fixed Assets $0 $0 $0 Total $106,670 $90,933 $90,984 Employees 3 2 2
Your Committee notes that three positions were approved in the Public Information Office for FY 2018, but there appeared to be two employees in the office. Your Committee recommends reducing the funding for personnel for this office, as requested by the Executive, and reducing the personnel cap to accurately reflect the personnel level of the office.
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Your Committee’s recommended funding for Fiscal Year 2019 for the Public Information Office is $90,984.
Office of the President – Division of Overseas Development Assistance & Compact Management FY18 Original FY19 Executive FY19 Committee
Appropriation Recommendation Recommendation Personnel $129,916 $132,105 $132,105 Travel $70,000 $139,714 $100,000 Contractual $235,000 $235,000 $235,000 Services OCE $36,000 $36,000 $36,000 Fixed Assets $0 $0 $0 Total $470,916 $542,819 $503,105 Employees 7 6 6
Your Committee heard testimony regarding the increased travel needs of the Division of Overseas Development Assistance & Compact Management to cover Compact Trust Fund Committee meetings, and recommends partially funding the increase requested by the Executive. Your Committee notes that seven positions were approved in the division in FY 2018, but there appeared to be six employees in the division and the funding level was accurate for those six employees. Your Committee recommends reducing the personnel cap to accurately reflect the personnel level of the office.
Your Committee’s recommended funding for Fiscal Year 2019 for the Division of Overseas Development Assistance & Compact Management is $503,105.
Office of the President – Division of Personnel FY18 Original FY19 Executive FY19 Committee
Appropriation Recommendation Recommendation Personnel $88,663 $125,680 $125,680 Travel $10,000 $18,784 $10,000 Contractual $0 $0 $0 Services OCE $13,756 $13,756 $13,500 Fixed Assets $2,500 $2,500 $2,500 Total $114,919 $160,720 $151,680 Employees 5 6 6
Your Committee notes there is an increase in personnel to reflect the addition of an employee to the Division of Personnel. Your Committee approved five employees for the division in the FY 2018 standing committee report; however, as your Committee previously noted, there was an error
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SEPTEMBER 24, 2018 in the overall personnel cap for the Office of the President in FY 2018. There were also a number of vacant positions in the office, and your Committee assumes that was how the division was able to add an employee without seeking additional funding or an increase in the personnel cap for FY 2018. Your Committee would like to express its dismay that this sequence of events leads to an increase in the overall personnel budget for the Office of the President, and expects all offices and divisions of the National Government to adhere to the Public Service System regulations or the regulations become meaningless.
Your Committee’s recommended funding for Fiscal Year 2019 for the Division of Personnel is $151,680.
(b) Department of Finance and Administration
The following is an overview of your Committee’s recommended funding for the Department of Finance and Administration. The funding source is domestic revenue.
Overview – Total Operations FY18 Original FY18 Amended FY19 Executive FY19 Committee
Appropriation Appropriation Recommendation Recommendation Personnel $1,825,775 $1,895,775 $2,039,754 $2,039,754 Travel $190,401 $356,401 $296,083 $290,000 Contractual Services $273,966 $293,966 $227,358 $227,500 OCE $232,056 $232,056 $278,646 $277,900 Fixed Assets $0 $0 $160,500 $160,500 Total $2,522,198 $2,777,860 $3,002,341 $2,995,654 Employees 104 104 113 113
A detailed discussion of each of the divisions of the Department of Finance and Administration follows.
Department of Finance - Office of the Secretary FY18 Original FY19 Executive FY19 Committee
Appropriation Recommendation Recommendation Personnel $100,928 $98,454 $98,454 Travel $47,166 $47,166 $47,000 Contractual $48,880 $48,880 $49,000 Services OCE $27,450 $27,450 $27,500 Fixed Assets $0 $0 $0 Total $224,424 $221,950 $221,954
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Employees 4 4 4
Your Committee notes that the request for the Office of the Secretary is substantially the same as FY 2018, with personnel adjusted slightly downward to reflect actual costs of the office.
Your Committee’s recommended funding for Fiscal Year 2019 for the Office of the Secretary is $221,954.
Department of Finance – Treasury (National and State Offices) FY18 Original FY19 Executive FY19 Committee
Appropriation Recommendation Recommendation Personnel $589,779 $678,337 $678,337 Travel $38,000 $85,971 $76,000 Contractual $78,478 $78,478 $78,500 Services OCE $95,400 $95,400 $95,400 Fixed Assets $0 $30,000 $30,000 Total $871,657 $968,186 $958,237 Employees 38 36 36
Your Committee notes that the employee cap for the Division of Treasury was inadvertently set at 38 for FY 2018, but the accurate number of employees is 36. Your Committee also notes that $70,000 in additional personnel for the division was appropriated in Public Law No. 20-67 to fund two new approved positions. Your Committee therefore recommends funding the personnel budget as requested by the Executive to include these positions. Your Committee also recommends partially funding the increase in travel as requested.
Your Committee’s recommended funding for Fiscal Year 2019 for the Division of Treasury is $958,237.
Department of Finance - Customs and Tax Administration (National and State Offices) FY18 Original FY19 Executive FY19 Committee
Appropriation Recommendation Recommendation Personnel $837,658 $930,766 $930,766 Travel $50,000 $72,211 $82,000 Contractual $141,608 $95,000 $95,000 Services OCE $72,000 $114,830 $114,000 Fixed Assets $0 $122,500 $122,500 Total $1,101,266 $1,335,307 $1,344,266 Employees 48 57 57
Your Committee approves an increase of nine positions in the Division of Customs and Tax Administration (CTA) to be located as follows: three in Chuuk, one in Kosrea, three in Pohnpei, and two in Yap. Your Committee notes that CTA reports an increase in actual collection over FY 2017, and your Committee wishes to support the continued efforts of CTA to increase collection with additional personnel.
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Your Committee heard convincing testimony regarding the training and capacity building needs of CTA, and recommends an increase in travel above the Executive’s recommendation to reflect these needs. Your Committee expects $82,000 to cover the full training and capacity building needs of CTA for FY 2019 and does not expect to approve any supplemental requests in this regard. Your Committee recommends CTA plan the trainings accordingly to minimize travel costs and maximize the effectiveness of the appropriated funds.
Your Committee recommends an increase in OCE to reflect the needs of CTA. Your Committee also approves the increase in fixed assets, including the purchase of four vehicles, and expects one vehicle to be purchased for each state office. Your Committee notes that two vehicles were requested for Pohnpei, but that funding was also approved to purchase a pickup truck for Treasury, to be located in Pohnpei, and it was reported in hearings that CTA in Pohnpei would be able to utilize that pickup truck as well. Therefore, the four vehicles approved under CTA should be apportioned one per state office.
Your Committee’s recommended funding for Fiscal Year 2019 for the Division of Customs and Tax Administration is $1,344,266.
Department of Finance - Investment and International Finance FY18 Original FY19 Executive FY19 Committee
Appropriation Recommendation Recommendation Personnel $84,039 $92,654 $92,654 Travel $30,000 $55,400 $50,000 Contractual $0 $0 $0 Services OCE $13,500 $17,260 $17,000 Fixed Assets $0 $0 $0 Total $127,539 $165,314 $159,654 Employees 5 5 5
Your Committee recommends a slight increase in travel and OCE for the Division of Investment and International Finance.
Your Committee’s recommended funding for Fiscal Year 2019 for the Division of Investment and International Finance is $159,654.
Department of Finance - Division of Budget and Economic Management FY18 Original FY19 Executive FY19 Committee
Appropriation Recommendation Recommendation Personnel $213,371 $239,543 $239,543 Travel $25,235 $35,335 $35,000 Contractual $5,000 $5,000 $5,000 Services OCE $23,706 $23,706 $24,000 Fixed Assets $0 $8,000 $8,000
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Total $267,312 $311,584 $311,543 Employees 9 11 11
Your Committee recommends an increase of two positions as requested for the Division of Budget and Economic Management.
Your Committee’s recommended funding for Fiscal Year 2019 for the Division of Budget and Economic Management is $311,543.
(d) Congress
The following is an overview of your Committee’s recommended funding for the Legislative Branch. The funding source for all amounts recommended under the Legislative Branch is domestic revenue.
Overview – Total Operations
FY18 Original FY18 Amended FY19 Executive FY19 Committee
Appropriation Appropriation Recommendation Recommendation Personnel $1,374,805 $1,395,287 $1,621,719 $1,557,860 Travel $848,368 $1,053,368 $848,368 $1,043,000 Contractual $1,679,630 $2,733,630 $1,683,630 $2,799,500 Services OCE $351,000 $386,000 $364,000 $441,000 Fixed $165,000 $165,000 $245,000 $115,000 Assets Total $4,418,803 $5,733,285 $4,762,717 $5,956,360 Employees 67 67 67 67
A detailed discussion of each of the Offices of the Legislative Branch follows.
Congress - Speaker and Members FY18 Original FY18 Amended FY19 Executive FY19 Committee
Appropriation Appropriation Recommendation Recommendation Personnel $430,530 $430,530 $438,150 $438,150 Travel $663,368 $1,083,368 $663,368 $853,000 Contractual $874,600 $1,730,600 $874,600 $1,624,500 Services OCE $0 $0 $0 $0 Fixed Assets $0 $0 $0 $0 Total $1,968,498 $3,244,498 $1,976,118 $2,915,650 Employees 14 14 14 14
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Your Committee notes that under the amount recommended for travel, $150,000 is dedicated to leadership travel ($50,000 each for the travel needs of the Speaker, Vice Speaker, and Floor Leader), $240,000 is dedicated to Committee Chairman travel ($30,000 per Committee Chair), and $60,000 for the travel needs of other members ($20,000 per other member).
Your Committee also notes that under contractual services, a total of $1,400,000 is dedicated to the Members’ Representation Fund ($100,000 per Member), a total of $30,000 is dedicated to the Speaker’s Representation Fund, a total of $10,000 is dedicated to the Vice Speaker’s Representation Fund, a total of $10,000 is dedicated to the Floor Leader’s Representation Fund, and a total of $80,000 is dedicated to the Committee Representation Funds. Your Committee further notes that $50,000 of the amount of contractual services may be used for the Medical Assistance Program to assist Members and staff with medical costs.
Your Committee’s recommended funding for Fiscal Year 2019 for Speaker and Members is $2,915,650.
Congress – Staff Offices FY19 Executive FY18 Original FY18 Amended FY19 Committee Recommendati Appropriation Appropriation Recommendation on Personnel $944,275 $964,757 $1,183,569 $1,119,710 Travel $150,000 $260,000 $150,000 $150,000 Contractual $470,030 $555,030 $474,030 $485,000 Services OCE $246,000 $281,000 $259,000 $346,000 Fixed Assets $150,000 $150,000 $230,000 $100,000 Total $1,960,305 $2,210,787 $2,296,599 $2,200,710 Employees 53 53 53 53
Your Committee recommends funding personnel at $1,119,710; this amount reflects an increase of $10,000 for a total of $35,000 for the pages to reflect the extra costs of providing benefits to the pages during Congressional sessions and $35,000 to increase the salaries of certain exempt employees at your discretion.
Your Committee recommends an increase in contractual services of $15,000 over FY 2018 levels to hire an assistant administrative officer on contract to meet the needs of the Chuuk Delegation Office; your Committee will consider making this a permanent position in the FY 2020 budget review. Your Committee also recommends an increase of $100,000 in OCE to fund the expected printing costs for the Compact Historical Project.
Your Committee recommends a decrease of $50,000 in fixed assets and questions the need of any new vehicles.
Your Committee’s recommended funding for Fiscal Year 2019 for Staff Offices is $2,200,710.
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Congress - Delegation Offices
Your Committee confirms and reminds the Delegation Offices that representation funds are not to be advanced, and that any representation required by the Delegation Office as a whole should be funded by each of the Members taking equal shares from their respective representation. No representation expenditure should be made by the Delegation Office beyond the maximum provided for each Member. In the amount in contractual services, up to $50,000 per Member may be used for representation.
Your Committee recommends a total of $840,000 in appropriations for Delegation Offices, to be divided among the four State Delegation Offices as follows:
KOSRAE FY18 Original FY18 Amended FY19 Executive FY19 Committee DELEGA Appropriation Appropriation Recommendation Recommendation TION Travel $10,000 $10,000 $5,000 $20,000 Contractua $40,000 $150,000 $45,000 $80,000 l Services OCE $20,000 $20,000 $20,000 $20,000 Fixed $0 $0 $0 $0 Assets Total $70,000 $180,000 $70,000 $120,000
POHNPEI FY18 Original FY18 Amended FY19 Executive FY19 Committee DELEGA Appropriation Appropriation Recommendation Recommendation TION Travel $10,000 $10,000 $10,000 $0 Contractual $100,000 $320,000 $100,000 $220,000 Services OCE $30,000 $30,000 $30,000 $20,000 Fixed $0 $0 $0 $0 Assets Total $140,000 $360,000 $140,000 $240,000
CHUUK FY18 Original FY18 Amended FY19 Executive FY19 Committee DELEGA Appropriation Appropriation Recommendation Recommendation TION Travel $10,000 $10,000 $10,000 $0 Contractua $160,000 $490,000 $160,000 $320,000 l Services OCE $30,000 $30,000 $30,000 $30,000
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Fixed $10,000 $10,000 $10,000 $10,000 Assets Total $210,000 $540,000 $210,000 $360,000
Your Committee notes that the funds recommended under fixed assets for the Chuuk Delegation include funding for an air conditioner.
YAP FY18 Original FY18 Amended FY19 Executive FY19 Committee DELEGAT Appropriation Appropriation Recommendation Recommendation ION Travel $10,000 $30,000 $10,000 $20,000 Contractua $30,000 $120,000 $30,000 $70,000 l Services OCE $25,000 $25,000 $25,000 $25,000 Fixed $5,000 $5,000 $5,000 $5,000 Assets Total $70,000 $180,000 $70,000 $120,000
(e) Office of the National Public Auditor
An overview of proposed funding for the Office of Public Auditor follows. The funding source for the National Public Auditor Office is domestic revenue.
Total Operations FY18 Original FY18 Amended FY19 Executive FY19 Committee
Appropriation Appropriation Recommendation Recommendation Personnel $464,290 $464,290 $472,271 $562,271 Travel $139,065 $139,065 $139,065 $139,000 Contractual Services $86,000 $86,000 $98,633 $99,000 OCE $63,500 $63,500 $66,500 $66,500 Fixed Assets $10,000 $10,000 $10,000 $10,000 Total $762,855 $762,855 $786,469 $876,771 Employees 21 21 21 23
Your Committee heard convincing testimony regarding the needs of the Office of the Public Auditor, and recommends increasing personnel by two positions and providing funding for two audit supervisors for the office. Your Committee also recommends increasing contractual services to meet the needs of the office for technical support and IT services.
Your Committee’s recommended funding for Fiscal Year 2019 for the Operations of the Office of Public Auditor is $876,771.
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GRANTS, SUBSIDIES AND CONTRIBUTIONS BUDGET
The funding source for all amounts recommended by the Committee under this section is domestic revenues.
Your Committee recommends funding Grants, Subsidies and Contributions in the amounts listed in the table below.
GRANTS, FY18 Original FY18 Amended FY19 Executive FY19 Committee SUBSIDIES & Appropriation Appropriation Recommendation Recommendation CONTRIBUTIONS Office of the President Asia-Pacific Institute for Broadcasting Development (AIBD) $4,500 $4,500 $4,500 $4,500 Asia-Pacific Broadcasting Union $800 $800 $800 $800 Pacific Island News Association $350 $350 $350 $350 Asia Pacific Investment $250 $250 $250 $250 Former Presidents’ Allowance $50,000 $50,000 $50,000 $50,000 Joint Committee on Compact Review and Planning (JCRP) $200,000 $330,000 $469,900 $360,000 UNFPA $0 $0 $50,000 $0 Economic Diplomacy $0 $0 $100,000 $0 Citizens Outreach and Advocacy Program $0 $0 $100,000 $0 State Consultations $0 $0 $75,000 $0 Micronesia Island Forum $0 $0 $50,000 $0 Pacific Islands Forum $0 $0 $50,000 $0 PIDF $0 $0 $50,000 $0 Department Of Finance and Administration CTA-OCO Membership $14,024 $14,024 $14,024 $14,024
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STANDING COMMITTEE REPORT NO. 20-82 RE: PRESIDENTIAL COMMUNICATION NO. 20-211 SUBJECT: FY 2019 BUDGET/W&M
SEPTEMBER 24, 2018
Maintenance Fee:Financial Management Information System (FMIS) $55,000 $55,000 $55,000 $55,000 PITTA - CTA $9,000 $9,000 $9,000 $9,000 ADB, IMF and Budget, Finance Policy Consultations $25,000 $25,000 $25,000 $25,000 Macro Economist Advisor $200,000 $200,000 $200,000 $200,000 Global Forum Membership Fee $26,000 $26,000 $26,000 $26,000 PFTAC Membership Fees $20,000 $20,000 $20,000 $20,000 CTA Conference $35,000 $35,000 $35,000 $35,000 Congress IPU Conferences $0 $100,000 $0 $100,000 Climate Change Conferences $50,000 $50,000 $0 $50,000 ACP $30,000 $30,000 $0 $30,000 APPF $50,000 $50,000 $0 $50,000 Staff Upgrade $25,000 $25,000 $0 $25,000 World Bank-IMF Annual Meeting $50,000 $50,000 $0 $50,000 MRA Conference in Japan $30,000 $30,000 $0 $30,000 Fisheries Meetings $30,000 $30,000 $0 $30,000 IPU Dues $12,500 $12,500 $0 $12,500 COFA Alliance National Network (CANN) $25,000 $25,000 $0 $25,000 Travel to Investment Advisor (Wilshire) $0 $70,000 $0 $70,000 Compact Historical Project $150,000 $150,000 $0 $150,000 Trip to Vietnam $0 $50,000 $0 $0 Other MLFC Loan Payment $260,000 $260,000 $260,000 $260,000 Single Audit Fee $460,000 $460,000 $460,000 $460,000 Staff Housing $510,000 $510,000 $510,000 $510,000 Recruitment & Repatriation 223,218 223,218 223,218 $223,218
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SEPTEMBER 24, 2018
Independence Day Activities $50,000 $50,000 $50,000 $50,000 A&P: DC Legal & Lobbying Services 0 0 0 2,000,000 TOTAL $2,595,642 $2,945,642 $2,888,042 $4,925,642
Your Committee recommends maintaining FY 2018 funding levels for the Grants, Subsidies and Contributions budget, with two exceptions. Your Committee recommends funding the JCRP at $360,000 for FY 2019. Your Committee recognizes the important work of the JCRP and recommends the following breakdown of funds: $305,000 for contractual services (your Committee specifically recognizes the need for the requested staff), $50,000 for travel, and $5,000 for OCE. Your Committee further recommends $2,000,000 for Legal and Advocacy Services in Washington D.C.
CAPITAL AND HUMAN RESOURCE DEVELOPMENT BUDGET
The funding source for all amounts recommended by the Committee under this section is domestic revenue.
Your Committee recommends funding Investment in Capital and Human Resource Development in the amounts listed in the table below.
CAPITAL AND FY19 FY19 FY18 HUMAN FY18 Original Executive Committee Amended RESOURCE Appropriation Recommen Recommen Appropriation DEVELOPMENT dation dation President’s Office FSM Trust Fund $0 $12,000,000 $7,512,862 $0 Department of Finance and Administration FSM Warehouse Lease and Maintenance $100,000 $100,000 $100,000 $40,000 PCD Awareness and Training $15,000 $15,000 $15,000 $15,000 TOTAL $115,000 $115,000 $115,000 $65,000
Your Committee notes that the amount recommended for the FSM Warehouse Lease and Maintenance has been reduced to $40,000 based on the testimony of the Department of Finance.
CONCLUSION
Your Committee on Ways and Means has reviewed the proposed Fiscal Year 2019 budget and carefully scrutinized all the information provided by the Office of the President, the Department of
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SEPTEMBER 24, 2018
Finance and Administration, the Legislative Branch, and the Office of the National Public Auditor, including information relating to grants, subsidies and contributions and capital and human resource development which are under your Committee’s jurisdiction. Based upon the information provided and its deliberations, your Committee recommends appropriation in the sums set forth above in the columns entitled “FY19 Committee Recommendation,” subject to the availability of funds as determined by your Committee upon consolidation of all Committee recommendations.
Respectfully submitted,
/s/ Isaac V. Figir /s/ Victor V. Gouland Isaac V. Figir, chairman Victor V. Gouland, member
/s/ David W. Panuelo /s/ Ferny S. Perman David W. Panuelo, member Ferny S. Perman, member
/s/ Joseph J. Urusemal Robson U. Romolow, member Joseph J. Urusemal, member
/s/ Paliknoa K. Welly Paliknoa K. Welly, member
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STANDING COMMITTEE REPORT NO. 20-83
RE: C.R. NO. 20-124/EDUCATION
SUBJECT: APPROVING AND ACCEPTING A GRANT IN THE AMOUNT OF $922,587 FROM THE U.S. DEPARTMENT OF EDUCATION.
SEPTEMBER 23, 2018
The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fifth Regular Session, 2018
Dear Mr. Speaker:
Your Committee on Education, to which was referred C.R. No. 20-124, entitled:
“A RESOLUTION APPROVING AND ACCEPTING A GRANT IN THE AMOUNT OF $922,587 FROM THE U.S. DEPARTMENT OF EDUCATION, DIVISION OF SPECIAL EDUCATION, FOR THE FEDERAL FISCAL YEAR 2019 FUND UNDER PART B OF THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT, INCLUDING ALL THE TERMS AND CONDITIONS OF THE ASSISTANCE.”, begs leave to report as follows:
The intent and purpose of this resolution are expressed in its title.
Your Committee held a public hearing on the above captioned matter on September 24, 2018. Present at this hearing were the Secretary of the Department of Education and his key staff, and representatives from the Department of Justice, the Department of Finance and Administration, and the Office of the President.
Staff from the NDOE Division of Special Education, including its Acting Chief of the Division were present at the hearing and gave an update of the services and programs for this school year 2018/2019. The grant which is the subject of this report is the first half of the funding for this school year.
The Division of Special Education has always been an important part of our Nation’s educational system. The program is well known to the Committee. The Division of Special Education provided new statistics to the Committee that show for school year 2018/2019 it will serve the needs of 1,851 of our young people from age 3 to 21 who have disabilities. Currently the number of personnel, including all teachers and administrators at the state level, is 308. Over the last several years the number of students has declined slightly reflecting the general trend in out migration.
The Committee inquired as to the breakdown for funding for this grant. The Division of Special Education stated that each of the four states and the National Government will receive $184,517 to begin the new school year with. Currently 80% of the proposed funding is to be used for personnel throughout the four states and at the National Government. There will be a second phase of this grant towards the end of the year with approximately $3 million that will be based on the following formula for distribution
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STANDING COMMITTEE REPORT NO. 20-83 RE: C.R. NO. 20-124/EDUCATION SUBJECT: APPROVING AND ACCEPTING A GRANT IN THE AMOUNT OF $922,587 FROM THE U.S. DEPARTMENT OF EDUCATION.
SEPTEMBER 23, 2018 based on three factors: 1) population of the state, 2) number of children per state served, and 3) performance. Performance reports and activities for the Division of Special Education are on its website, which is also a link in the main NDOE website.
At the close of the hearing the Committee requested that NDOE Division of Special Education work with the Executive branch if additional funding from domestic revenue is still requested for the coming fiscal year. The Committee adhered to the call to maintain budgets and employee caps in line with the previous year, however, later during the budget process this call was relaxed. The Committee indicated it may entertain an additional request, if necessary, mid-fiscal year.
Your Committee would like to offer the following technical amendment to read as follows:
1) Page two, line 1, delete “Special” and insert “Regular” in lieu thereof.
Your Committee on Education is in accord with the intent and purpose of C.R. No. 20-124 and recommends its adoption in the form attached hereto as C.R. No. 20-124, C.D. 1.
Respectfully submitted,
/s/ Joseph J. Urusemal /s/ Derensio S. Konman Joseph J. Urusemal, chairman Derensio S. Konman, vice chairman
/s/ Florencio S. Harper Florencio S. Harper, member Alik L. Alik, member
/s/ Esmond B. Moses /s/ Wesley W. Simina Esmond B. Moses, member Wesley W. Simina, member
/s/ Ferny S. Perman Ferny S. Perman, member
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STANDING COMMITTEE REPORT NO. 20-84
RE: C.B. NO. 20-248/CONSOLIDATED W&M
SUBJECT: FY 2019 BUDGET
SEPTEMBER 25, 2018
The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fifth Regular Session, 2018
Dear Mr. Speaker:
Your Committee on Ways and Means, to which was referred C.B. No. 20-248, entitled:
"A BILL FOR AN ACT TO APPROPRIATE $64,819,927 FROM THE GENERAL FUND OF THE FEDERATED STATES OF MICRONESIA FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2019, TO PROVIDE FUNDING FOR THE OPERATIONS OF ALL BRANCHES OF THE NATIONAL GOVERNMENT OF THE FEDERATED STATES OF MICRONESIA, ITS AGENCIES, VARIOUS PROGRAMS, GRANTS, SUBSIDIES AND CONTRIBUTIONS AND CAPITAL AND HUMAN RESOURCES DEVELOPMENT, AND FOR OTHER PURPOSES.", begs leave to report as follows.
The intent and purpose of the bill are expressed in its title.
Reports on the Proposed FY 2019 Budget
The subject bill is based upon the FSM National Government FY2019 Recommended Budget (“Budget Book”), transmitted by the Executive in Presidential Communication No. 20-211, as reported on by each Congress Standing and one Special Committee.
Your Standing and Special Committees have recommended funding levels for budget requests within their areas of jurisdiction. Congress has adopted each of the Committee’s reports. The report numbers are as follows: Climate Change – Special Committee Report No. 20-13; Health and Social Affairs - S.C.R. No. 20-61; Education – S.C.R. No. 20-63; External Affairs - S.C.R. No. 20-76; Judiciary and Governmental Operations - S.C.R. No. 20-78; Transportation and Communication - S.C.R. No. 20-80; Resources and Development - S.C.R. No. 20-81; and Ways and Means - S.C.R. No. 20-82.
FY 2019 Revenue Projections
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STANDING COMMITTEE REPORT NO. 20-84 RE: C.B. NO. 20-248/CONSOLIDATED W&M SUBJECT: FY 2019 BUDGET
SEPTEMBER 25, 2018
Your Committee notes that FY 2019 Estimated Revenues were included with the Budget Book, with projections of $77,044,256 of Domestic Revenue, $10,218,000 of Amended Compact Sector Grant funding, and $1,612,620 of Supplemental Education Grant (SEG) funding for FY 2019. The Estimated Revenues also included U.S. Federal Programs and other foreign assistance, which Congress does not appropriate; as such, your Committee has disregarded these sources from the Estimated Revenues and appropriating legislation.
Your Committee recommends using the Revenue Projection of $77,044,255 in Domestic Revenue as provided by the FY 2019 Budget Book, as the Committee defers to the President for domestic revenue projections for FY 2019. Your Committee recommends using the Revenue Projection of $1,612,623 in Supplemental Education Grant (SEG) funding and $1,000,000 in Amended Compact Sector Grant funding for COM-FSM as your Committee has not yet received official confirmation that all Amended Compact Sector Grant funds are available.
Adding the Domestic Revenue, the Amended Compact Sector Grant funding for COM-FSM, and the SEG, a total of $79,656,878 in revenue is estimated for FY 2019. Of this amount, $77,044,255 will be available from Domestic Revenue, $1,000,000 will be available from Amended Compact Sector funds, and $1,612,623 will be available from the Supplemental Education Grant.
All your Committees worked diligently to bring the budget into balance while trying to meet the needs of the National Government, Agencies, and Programs, as well as provide the Grants, Subsidies and Contributions on which many organizations rely. In this report, your Committee on Ways and Means recommends approval of a budget for FY 2019 totalling $64,819,927; of this amount, $62,223,307 is recommended from Domestic Revenue and $1,000,000 is recommended from the Amended Compact Sector for COM-FSM and $1,596,620 is recommended from the Supplemental Education Grant.
Standing Committee Reports Adjustments
Your Committee has reviewed the Standing Committee Reports of each of your Committees. Each report made recommendations in relation to the budgets of the departments, agencies, offices and programs within each Committee’s jurisdiction. Your Committee’s deliberations and recommendations are summarized by this report and are reflected in the attached bill.
After reviewing each report, your Committee wishes to make the following adjustments:
(1) Committee on Climate Change – Special Committee Report No. 20-13
Your Committee does not recommend any adjustments to the adopted Special Committee Report.
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(2) Committee on Health and Social Affairs – S.C.R. No. 20-61
Your Committee does not recommend any adjustments to the adopted Standing Committee Report.
(3) Committee on Education - S.C.R. No. 20-63
Your Committee recommends deleting the $9,218,000 for the building and remodelling of the COM-FSM campus, to be funded from Amended Compact Sector grants. Your Committee has not received confirmation that those grant funds are available for appropriation.
(4) Committee on External Affairs, S.C.R. No. 20-76
Your Committee does not recommend any adjustments to the adopted Standing Committee Report.
(5) Committee on Judiciary and Governmental Operations, S.C.R. No. 20-78
Your Committee recommends increasing the Grants, Subsidies and Contributions for the following:
(a) The Department of Justice by $160,000 to fund the contract of Jim Stovall for legal support for JCRP in the same amount as FY 2018, and $21,298 for the settlement costs associated with Civil Action Nos. 2013-036, 2017-027, and 2017-029; and (b) $350,000 for the General Election. Your Committee notes that a large increase was provided in S.C.R. No. 20-78 for Voter ID and Registering New Voters, therefore your Committee does not recommend funding the entire amount of $442,274 requested by the Executive for the General Election.
(6) Committee on Transportation and Communication, S.C.R. No. 20-80
Your Committee recommends increasing the budget of the Department of Transportation, Communications & Infrastructure (TC&I) by the following: $285,000 under Contractual Services for the Project Management Unit (PMU) to fund the three contract positions, and $90,000 under Fixed Assets for the Division of Infrastructure to purchase three vehicles.
Your Committee would like to remind the PMU that they are supposed to be phased out and should timely complete all pending projects to ensure compliance with the law.
Under Capital & Human Resources Development, your Committee recommends: deleting the $2,500,000 for Outer Island Airports, and adding a new line item of Airport Needs in the amount of $220,000 for the expected costs of $70,000 for mechanical needs of the fire trucks in Chuuk and $150,000 to expand the screening area in Chuuk.
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SEPTEMBER 25, 2018
Finally, under Capital & Human Resources Development, your Committee recommends adding a new line item under the Telecommunication Regulation Authority (TRA) for costs associated with establishing the office of $150,000. Your Committee notes that the allottee of the funds will be the TRA; the TRA is independent from the Department of TC&I and its budget should be separate from the Department.
(7) Committee on Resources and Development - S.C.R. No. 20-80
Under Capital & Human Resources Development, your Committee recommends appropriating $67,000 for the FSM Association of Chamber of Commerce, the same amount as appropriated in FY 2018.
(8) Committee on Ways and Means, S.C.R No. 20-82
Under the operating expenses of the Department of Finance and Administration, your Committee recommends decreasing the travel budget of the Division of Investment and International Finance by $20,000 and increasing by $20,000 the travel budget for the Office of the Secretary. This is a shifting of funds only, to be used for an international trip relating to the accounting system and needs of the Department.
Under Grants, Subsidies and Contributions, your Committee recommends increasing the appropriation to JCRP to $390,000 to reflect the needs of the committee.
Conclusion
With the forgoing amendments, your Committee on Ways and Means is in accord with the intent and purpose of C.B. No. 20-248 and recommends its passage on First Reading, and that it be placed on the Calendar for Second and Final Reading in the form attached hereto.
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STANDING COMMITTEE REPORT NO. 20-84 RE: C.B. NO. 20-248/CONSOLIDATED W&M SUBJECT: FY 2019 BUDGET
SEPTEMBER 25, 2018
Respectfully submitted,
/s/ Isaac V. Figir /s/ Victor V. Gouland Isaac V. Figir, chairman Victor V. Gouland, member
/s/ /s/ David W. Panuelo /s/ /s/ Ferny S. Perman David W. Panuelo, member Ferny S. Perman, member
/s/ Robson U. Romolow /s/ /s/ Joseph J. Urusemal Robson U. Romolow, member Joseph J. Urusemal, member
/s/ /s/ Paliknoa K. Welly Paliknoa K. Welly, member
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STANDING COMMITTEE REPORT NO. 20-85
RE: C.R. No. 20-87/R&D
SUBJECT: PROTECTED AREAS NETWORK NATIONAL GUIDING POLICY FRAMEWORK (PAN POLICY FRAMEWORK)
SEPTEMBER 26, 2018
The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fifth Regular Session, 2018
Dear Mr. Speaker:
Your Committee on Resources and Development, to which was referred C.R. No. 20-87, entitled:
“A RESOLUTION APPROVING AND ADOPTING THE PROTECTED AREAS NETWORK NATIONAL GUIDING POLICY FRAMEWORK FOR THE NATIONAL GOVERNMENT OF THE FEDERATED STATES OF MICRONESIA.”, begs leave to report as follows:
The intent and purpose of this resolution are expressed in its title.
Congressional Resolution No. 20-87 was transmitted to Congress on April 16, 2018, through Presidential Communication No. 20-213. C.R. No. 20-87 is a resolution on the Protected Areas Network National Guiding Policy Framework (“the policy”). Enclosed with Presidential Communication No. 20-213 is the policy.
The policy contains several sections. Section 1 of the policy enumerates the authority of the FSM Department of Resources and Development, as described in title 2 of the Code of the Federated States of Micronesia (Annotated) and Executive Order Number 1, which states: The Department of Resources and Development is responsible on the President’s behalf for supporting and managing the development of the nation’s economy and the use of its natural resources in a sustainable manner.
Section 2 describes the purpose and background of the policy. In line with the Department’s mandate, the policy establishes a transparent, fair, and efficient system governing the designation and operation of nation wide protected areas. It also explains the richness of the FSM’s biological and diverse terrestrial and marine areas, which reminds us all to bear the responsibility for the management, protection, and development of all resources within their respective boundaries.
Section 3 of the policy defines several definitions for the purpose of the implementation of this policy.
Section 4 of the policy explains the different roles and responsibilities of the Department, State Focal Points, the Micronesia Conservation Trust (MCT), and a Technical Committee, which are identified as the
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STANDING COMMITTEE REPORT NO. 20-85 RE: C.R. No. 20-87/R&D SUBJECT: PROTECTED AREAS NETWORK NATIONAL GUIDING POLICY FRAMEWORK (PAN POLICY FRAMEWORK)
SEPTEMBER 26, 2018 group of people responsible for the implementing the Management Plan of this policy. For information purposes, the rules governing the Technical Committee are to be drafted by the National PAN Coordinator, and to be reviewed by the appropriate Executive branch agency, and approved by the Secretary. The Technical Committee is to be consisted of at least nine (9) qualified representatives including: one official from the FSM National Government, Each State Focal Point, at least one representative from the College of Micronesia-FSM, at least one representative from a regional scientific organization, at least one representative from an international conservation NGO and/or international donor organization, and one representative from MCT that will participate as a non-voting member.
Section 5 of the policy is the application process. An applicant who wishes to include a site in the Protected Area Network needs to complete an application form, which can be obtained from the department and the State Focal Points. The required information from an applicant are contained in the application. The procedures involved in the collection or review of applications are explained in this section. The Secretary of the Department of Resources and Development is authorized to make the final determination as to whether or not to accept each application.
Section 6 of the policy is the management and designated areas. Those who are responsible for activity implementation, operations and management of the protected areas are designed as part of the FSM’s Protected Areas Network.
Section 7 of the policy is the financial assistance aspect of the policy, source of funds, the budget cycle, including competitive project awards, and eligibility requirement for funding. The membership in the Protected Areas Network submits annual requests for funding site operations as part of the Protected Areas Network Annual Budget Cycle. The Technical Committee may also make available a competitive grant pool for projects that support the wider Protected Areas Network. This section also provides for the criteria for reviewing competitive solicitations, notification of funding decisions, right to contest denial of budget request or grant proposal, and the issuance of agreements and disbursement of funds.
Section 8 of the policy contains the reporting, monitoring and evaluation requirements related to the performance of the Protected Areas Network. The department is responsible to maintain national-level records related to the Protected Areas Network. The State Focal Point is responsible for the keeping state- level copies, then forward the reports to the National PAN Coordinator. MCT is responsible for the collection of all deliverables proscribed under competitive awards issued with FSM’s Micronesian Challenge Endowment funds and provide a copy to the National PAN Coordinator. The department shall compile an annual summary report about the implementation of the Protected Areas Network.
Section 9 of the policy contains the Inclusions, Withdrawal, and Mediation Procedures. The Secretary of the Department of Resources and Development with good cause may propose that a Protected Areas Network site be removed from the Protected Areas Network. Any dispute between one or more Management Unit and a State Focal Point and/or the National Government regarding the implementation of this policy, which is not settled by good faith negotiation, shall, at the request of one of them, be submitted for mediation.
Your Committee on Resources and Development held a public hearing on the resolution on September 24, 2018, at the Congress hearing room at 8:30 a.m. Chairman David W. Panuelo welcomed the witnesses who attended the hearing, which included: Willy Kostika, Marion Henry, Ricky Carl, Andrew Yatilman,
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STANDING COMMITTEE REPORT NO. 20-85 RE: C.R. No. 20-87/R&D SUBJECT: PROTECTED AREAS NETWORK NATIONAL GUIDING POLICY FRAMEWORK (PAN POLICY FRAMEWORK)
SEPTEMBER 26, 2018
Alissa Takasy, Cindy Ehmes, Vanessa Fread, Beliter Silbanuz, and Vera Assistant Attorney General from the Department of Justice. Members of the Committee that were present included: Victor V. Gouland and Vice Speaker Esmond B. Moses.
At the hearing, Secretary Marion Henry of the Department of Resources and Development and Secretary Andrew Yatilman of the Department of Environment, Climate Change and Emergency Management supported the PAN Policy Framework, as it compliments their duties and responsibilities. Mr. Willy Kostika from Micronesian Conservation Trust (MCT) and Mr. Ricky Carl from the Nature Conservancy (TNC) indicated that by adopting this PAN Policy Framework, MCT and TNC can mobilize necessary funding to support its implementation.
Importance of this Policy It is important to note that the adoption of this PAN Policy Framework will show that the Federated States of Micronesia is committed to fulfill its obligations under several International Conventions, namely the United Nations Convention on Climate Change, the United Nations Convention to Combat Desertification, and the Convention on Biological Diversity (CBD). As a state party to the CBD, and a committed member to the Micronesian Challenge (MC) Initiative, the Federated States of Micronesia is committed to achieve the three main targets, in which the MC is driven to achieve: (1) to establish a system of protected area networks in member countries; (2) to effectively conserve at least 30% of the near-shore marine and 20% of the terrestrial resources across Micronesia by 2020; and (3) to raise $29 million for the Federated States of Micronesia’s Micronesia Challenge Endowment Fund in order to sustain these efforts in perpetuity. Although the activities relating to the conservation of our environment in each of the states are the measuring mechanism in our conservation effort, this policy’s importance is in the coordination of all such conservation activities in each state.
Background The PAN Policy Framework was formulated with the collaboration of stakeholders nationwide, including the Micronesian Conservation Trust (MCT) and the Nature Conservancy (TNC). The Department of Resources and Development facilitates the consultative process of the PAN Policy Framework with the active support and assistance of the Micronesian Conservation Trust (MCT) and the Nature Conservancy (TNC). The purpose of the PAN Policy Framework is to establish a transparent, fair and efficient system governing the designation of a nationwide protected areas network.
The Department of Resources and Development in conjunction with State Focal Points, the Micronesian Conservation Trust (MCT) and a Technical Committee will administer the PAN Policy Framework. The Secretary of the Department of Resources and Development will review the applications coming from the states to join the Protected Areas Network. Granting or denial of applications is based on the evaluation and recommendation made by the Technical Committee.
This policy provides for PAN Coordinators in each state, to be funded by MCT for two years. There is an interim PAN Coordinator in the Department of Resources and Development. Essentially, the PAN Policy Framework will enhance what is currently in place in the FSM, and having a PAN policy also assisting for the solicitation of outside funding for the states.
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SEPTEMBER 26, 2018
Your Committee was informed that before this policy becomes applicable to the Department, the Secretary must indicate consent to this policy, and any future amendments to this policy must be accepted by the Secretary prior to being valid.
Your Committee would like to offer the following technical amendment to read as follows:
1) Page 2, line 16, delete “Fourth” and insert “Fifth” in the lieu thereof.
CONCLUSION
Your Committee on Resources and Development is in accord with the intent and purpose of C.R. No. 20- 87 and recommends its adoption in the form attached hereto as C.R. No. 20-87, C.D.1.
Respectfully submitted,
/s/ David W. Panuelo /s/ Tiwiter Aritos David W. Panuelo, chairman Tiwiter Aritos, vice chairman
/s/ /s/ Victor V. Gouland /s/ /s/ Isaac V. Figir Victor V. Gouland, member Isaac V. Figir, member
/s/ /s/ Derensio S. Konman /s/ /s/ Esmond B. Moses Derensio S. Konman, member Esmond B. Moses, member
/s/ ______Alik L. Alik, member
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STANDING COMMITTEE REPORT NO. 20-86
RE: C.B. NO. 20-118/W&M
SUBJECT: VEST ALL POWERS OF THE BOARD OF DIRECTORS OF THE FSM TRUST FUND IN THE PRESIDENT WHILE THE BOARD IS NOT CONSTITUTED.
SEPTEMBER 26, 2018
The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fifth Regular Session, 2018
Dear Mr. Speaker:
Your Committee on Ways and Means, to which was refereed C.B. No. 20-118, entitled:
“A BILL TO FURTHER AMEND TITLE 55 OF THE CODE OF THE FEDERATED STATES OF MICRONESIA (ANNOTATED), AS AMENDED, BY INSERTING A NEW SECTION 1209 A, TO VEST ALL POWERS OF THE FSM TRUST FUND BOARD OF DIRECTORS IN THE PRESIDENT OF THE FEDERATED STATES OF MICRONESIA WHILE THE BOARD OF THE FSM TRUST FUND IS NOT CONSTITUTED, SUBJECT TO CERTAIN CONDITIONS, AND FOR OTHER PURPOSES.“, begs leave to report as follows:
The intent and purpose of this bill are expressed in its title.
This bill is part of a related trio of bills – C.B. No. 20-118, C.B. No. 20-127 and C.B. No. 20-130 which are designed to streamline the process whereby the boards of both the FSM Trust Fund and the Compact Trust Fund are nominated.
This bill provides for interim responsibility while the FSM Trust Fund Board has not been fully constituted. The bill provides that in the interim all powers of the Board is vested in the President of the FSM, and mandates that the President shall cause the Administrator of the Fund to report to Congress on a regular basis.
Your Committee held a public hearing on September 25, 2018. Appearing were the Secretary of Finance, and representatives of the Department of Justice and the President’s Office. The witnesses were in full support of the bill, and believed it will make for a more responsive board. The witnesses unanimously thanked Congress for introducing the bill and stated that they are needed because of the large amount of funds involved in both Trust Funds.
Your Committee on Ways and Means is in accord with the intent and purpose of C.B. No. 20-118 and recommends its passage on First Reading and that it be placed on the Calendar for Second and Final Reading in the form attached hereto.
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SEPTEMBER 26, 2018
Respectfully submitted,
/s/ Isaac V. Figir /s/ David W. Panuelo Isaac V. Figir, chairman David W. Panuelo, member
/s/ /s/ Victor V. Gouland /s/ /s/ Ferny S. Perman Victor V. Gouland, member Ferny S. Perman, member
/s/ Robson U. Romolow /s/ Robson U. Romolow, member Joseph J. Urusemal, member
/s/ /s/ Paliknoa K. Welly Paliknoa K. Welly, member
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STANDING COMMITTEE REPORT NO. 20-87
RE: C.B. NO. 20-127/W&M
SUBJECT: TO CHANGE THE COMPOSITION OF THE BOARD OF TRUSTEES OF THE FSM TRUST FUND.
SEPTEMBER 26, 2018
The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fifth Regular Session, 2018
Dear Mr. Speaker:
Your Committee on Ways and Means to which was referred C.B. No. 20-127 entitled:
“A BILL TO FURTHER AMEND SECTION 1208 OF TITLE 55 OF THE CODE OF THE FEDERATED STATES OF MICRONESIA (ANNOTATED), AS ENACTED BY PUBLIC LAW NO. 10-150 AND AS AMENDED BY PUBLIC LAW NO. 18-74, TO CHANGE THE COMPOSITION OF THE BOARD OF TRUSTEES OF THE FSM TRUST FUND, AND FOR OTHER PURPOSES.”, begs leave to report as follows:
The intent and purpose of this bill are expressed in its title.
This bill is part of a related trio of bills – C.B. No. 20-118, C.B. No. 20-127 and C.B. No. 20-130 which are designed to streamline the process whereby the boards of both the FSM Trust Fund and the Compact Trust Fund are nominated.
This bill provides that one of the trustees of the FSM Trust Fund shall be ex-officio the Secretary of Finance and Administration, and the President - no longer the Governors of the states - shall appoint the remaining four trustees with the advice and consent of Congress.
Your Committee held a public hearing on September 25, 2018. Appearing were the Secretary of Finance, and representatives of the Department of Justice and the President’s Office. The witnesses were in full support of the bill, and believe it will make for a more responsive board. The witnesses unanimously thanked Congress for introducing the bill and stated that they are needed because of the large amount of funds involved in both Trust Funds.
Your Committee on Ways and Means is in accord with the intent and purpose of C.B. No. 20-127 and recommend its passage on First Reading and that it be placed on the Calendar for Second and Final Reading in the form attached hereto.
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STANDING COMMITTEE REPORT NO. 20-87 RE: C.B. NO. 20-127/W&M SUBJECT: TO CHANGE THE COMPOSITION OF THE BOARD OF TRUSTEES OF THE FSM TRUST FUND.
SEPTEMBER 26, 2018
Respectfully submitted,
/s/ Isaac V. Figir /s/ David W. Panuelo Isaac V. Figir, chairman David W. Panuelo, member
/s/ /s/ Victor V. Gouland /s/ /s/ Ferny S. Perman Victor V. Gouland, member Ferny S. Perman, member
/s/ Robson U. Romolow /s/ Robson U. Romolow, member Joseph J. Urusemal, member
/s/ /s/ Paliknoa K. Welly Paliknoa K. Welly, member
341
STANDING COMMITTEE REPORT NO. 20-88
RE: C.B. NO. 20-130/W&M
SUBJECT: QUALIFICATION REQUIREMENTS FOR THE TWO REPRESENTATIVES FOR THE FSM GOVERNMENT TO THE JOINT TRUST FUND COMMITTEE.
SEPTEMBER 26, 2018
The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fifth Regular Session, 2018
Dear Mr. Speaker:
Your Committee on Ways and Means to which was referred C.B. No. 20-130 entitled:
“A BILL TO AMEND SECTION 3 OF PUBLIC LAW NO. 15-70, TO CHANGE THE QUALIFICATION REQUIREMENTS FOR THE TWO REPRESENTATIVES FOR THE FSM GOVERNMENT TO THE JOINT TRUST FUND COMMITTEE, AND FOR OTHER PURPOSES.”, begs leave to report as follows:
The intent and purpose of this bill are expressed in its title.
This bill is part of a related trio of bills – C.B. No. 20-118, C.B. No. 20-127 and C.B. No. 20-130 which are designed to streamline the process whereby the boards of both the FSM Trust Fund and the Compact Trust Fund are nominated.
This bill provides that both of the representatives of the FSM on the Compact Trust Fund Committee (officially known as the “Joint Trust Fund Committee”) shall be appointed by the President with the advice and consent of Congress.
Your Committee held a public hearing on September 25, 2018. Appearing were the Secretary of Finance, and representatives of the Department of Justice and the President’s Office. The witnesses were in full support of the bill, and believe it will make for a more responsive board. The witnesses unanimously thanked Congress for introducing the bill and stated that they are needed because of the large amount of funds involved in both Trust Funds.
Your Committee on Ways and Means is in accord with the intent and purpose of C.B. No. 20-130 and recommends its passage on First Reading and that it be placed on the Calendar for Second and Final Reading in the form attached hereto.
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STANDING COMMITTEE REPORT NO. 20-88 RE: C.B. NO. 20-130/W&M SUBJECT: QUALIFICATION REQUIREMENTS FOR THE TWO REPRESENTATIVES FOR THE FSM GOVERNMENT TO THE JOINT TRUST FUND COMMITTEE.
SEPTEMBER 26, 2018
Respectfully submitted,
/s/ Isaac V. Figir /s/ David W. Panuelo Isaac V. Figir, chairman David W. Panuelo, member
/s/ /s/ Victor V. Gouland /s/ /s/ Ferny S. Perman Victor V. Gouland, member Ferny S. Perman, member
/s/ Robson U. Romolow /s/ /s/ Joseph J. Urusemal Robson U. Romolow, member Joseph J. Urusemal, member
/s/ /s/ Paliknoa K. Welly Paliknoa K. Welly, member
343
STANDING COMMITTEE REPORT NO. 20-89
RE: C.R. NO. 20-127/H&SA
SUBJECT: ACCEPTING A GRANT IN THE AMOUNT OF $950,624, TO FUND THE SPF-PFS PROJECT.
SEPTEMBER 27, 2018
The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fifth Regular Session, 2018
Dear Mr. Speaker:
Your Committee on Health and Social Affairs to which was referred C.R. No. 20-127, entitled:
“A RESOLUTION APPROVING AND ACCEPTING A GRANT IN THE AMOUNT OF $950,624 FROM THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION, TO SUPPORT THE PROJECT ENTITLED: “FSM DEPARTMENT OF HEALTH AND SOCIAL AFFAIRS SPF-PFS PROJECT”, INCLUDING ALL THE TERMS AND CONDITIONS OF THE ASSISTANCE.”, begs leave to report as follows:
The intent and purpose of the resolution are expressed in its title.
Your Committee held a hearing on September 25, 2018, the witnesses present included: the Department of Health and Social Affairs, including the Acting Secretary and his key staff, a representative from the Office of the President, and representatives the Department of Justice and the Department of Finance and Administration.
The projects and programs funded by the substance abuse and mental health grant are well known to your Committee. These programs are long-standing and valuable to our Nation. The Committee is very supportive of all programs that show results in the reduction of alcohol, tobacco and drug use among our citizens, particularly our youth. However, the Committee voiced its concern that this particular grant has been active for several years and there does not appear to be a reduction in the risk behaviors of our youth. The particular project to be funded by this grant works to prevent underage drinking in our Nation. The Department of Health & Social Affairs and the Department of Justice advised the Committee that the legal drinking age in all the four States is 21, and the project proposed would target the age group 12-20.
This project works only in the area of prevention. While the Committee acknowledges that these activities are important it questioned the witnesses what was being done for the many citizens in our Nation who already suffer from the negative affects of addiction. The Department of Health & Social Affairs had two members of the relevant program present to testify on this issue. It stated that all activities were driven by requests from the individual states, and that moreover, that prevention activities
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STANDING COMMITTEE REPORT NO. 20-89 RE: C.R. NO. 20-127/H&SA SUBJECT: ACCEPTING A GRANT IN THE AMOUNT OF $950,624, TO FUND THE SPF-PFS PROJECT.
SEPTEMBER 27, 2018
rarely yield results in the short term. It will only be as the current generation of young people become adults will the outcomes of the program be clear. A positive example the success of prevention activities of this type is the long-term reduction in the rates of smoking in the FSM over approximately 25-year period.
The Committee notes that no current statistics have been provided to Congress regarding the extent of the problem of underage drinking, and of the current trends regarding this problem. The Committee strongly urges the Department of Health & Social Affairs to provide the most recent statistics, and all other relevant information regarding this issue to the Committee at its earliest convenience.
Each state will be provided a portion of these funds, the division largely made according to the population of each state, and its own individual plans. The Committee notes with appreciation that all of the funding will go down to the state level for activities that will reach our youth. Several organizations in each state will receive funding from this grant. The Committee requests information regarding the activities and outputs from each of these organizations as well. The Committee was provided a detailed budget and this is attached for the review of members.
A budget summary is attached to this report for reference of the members. The Committee notes that additional information on this program is included in Presidential Communication No. 20-291 dated August 22, 2018.
Your Committee is strongly supportive of any efforts to improve the health of our young people, particularly regarding prevention of underage drinking, and it is therefore, for the reasons set forth above, your Committee on Health and Social Affairs supports the grant activities proposed to be funded, it is in accord with the intent and purpose of C.R. No.20-127, and recommends its adoption in the form attached hereto.
Respectfully submitted,
/s/ Ferny S. Perman Ferny S. Perman, chairman Alik L. Alik, vice chairman
/s/ /s/ Tiwiter Aritos /s/ /s/ Florencio S. Harper Tiwiter Aritos, member Florencio S. Harper, member
/ /s/ /s/ Joseph J. Urusemal David W. Panuelo, member Joseph J. Urusemal, member
/s/ /s/ Derensio S. Konman Derensio S. Konman, member
345
STANDING COMMITTEE REPORT NO. 20-90
RE: C.R. NO. 20-129/H&SA
SUBJECT: APPROVING AND ACCEPTING GRANT IN THE AMOUNT OF $128,625, TO FUND THE FSM MATERNAL AND CHILD HEALTH PROGRAM.
SEPTEMBER 27, 2018
The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fifth Regular Session, 2018
Dear Mr. Speaker:
Your Committee on Health and Social Affairs to which was referred C.R. No. 20-129, entitled:
“A RESOLUTION APPROVING AND ACCEPTING A GRANT IN THE AMOUNT OF $128,625 FROM THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, HEALTH RESOURCES AND ADMINISTRATION ADMINISTRATION, TO FUND THE FSM MATERNAL AND CHILD HEALTH PROGRAM, INCLUDING ALL THE TERMS AND CONDITIONS OF THE ASSISTANCE.”, begs leave to report as follows:
The intent and purpose of the resolution are expressed in its title.
Your Committee held a hearing on September 25, 2018, the witnesses present included: the Department of Health and Social Affairs, including the Acting Secretary and his key staff, a representative from the Office of the President, and representatives from the Department of Justice, and the Department of Finance and Administration.
This proposed grant will fund a long standing program with the Department of Health and Social Affairs. The Maternal and Child Health Program is very successful and has provided funding for healthcare employees at the state level, as well as, medicine and equipment. The funding also provides for funding for specialists, such as pediatric heart specialists, to visit our Nation to treat our children with significant medical needs.
The current proposed grant is the final installment of the annual funding. The total yearly budget for the program is attached for reference of the members. Your Committee notes that the funding level and the activities for the program remain the substantially the same as in years past.
Your Committee is strongly supportive of the Department of Health and Social Affairs’ efforts to provide additional funding for maternal and children’s medical needs, and it is therefore, for the reasons set forth above, your Committee on Health and Social Affairs supports the grant activities proposed to be funded, it is in accord with the intent and purpose of C.R. No.20-30, and recommends its adoption in the form attached hereto.
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STANDING COMMITTEE REPORT NO. 20-90 RE: C.R. NO. 20-129/H&SA SUBJECT: APPROVING AND ACCEPTING GRANT IN THE AMOUNT OF $128,625, TO FUND THE FSM MATERNAL AND CHILD HEALTH PROGRAM.
SEPTEMBER 27, 2018
Respectfully submitted,
/s/ Ferny S. Perman Ferny S. Perman, chairman Alik L. Alik, vice chairman
/s/ /s/ Tiwiter Aritos /s/ /s/ Florencio S. Harper Tiwiter Aritos, member Florencio S. Harper, member
/s/ /s/ /s/ Joseph J. Urusemal David W. Panuelo, member Joseph J. Urusemal, member
/s/ /s/ Derensio S. Konman Derensio S. Konman, member
347
STANDING COMMITTEE REPORT NO. 20-91
RE: C.R. NO. 20-130/H&SA
SUBJECT: ACCEPTING A GRANT IN THE AMOUNT OF $147,000, TO FUND THE MATERNAL AND CHILD HEALTH PROGRAM.
SEPTEMBER 27, 2018
The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fifth Regular Session, 2018
Dear Mr. Speaker:
Your Committee on Health and Social Affairs to which was referred C.R. No. 20-130, entitled:
“A RESOLUTION APPROVING AND ACCEPTING A GRANT IN THE AMOUNT OF $164,968 FROM THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, HEALTH RESOURCES AND SERVICES ADMINISTRATION, TO FUND THE FSM MATERNAL CHILD HEALTH PROGRAM IN THE FSM, INCLUDING ALL THE TERMS AND CONDITIONS OF THE ASSISTANCE.”, begs leave to report as follows:
The intent and purpose of the resolution are expressed in its title.
Your Committee held a hearing on September 25, 2018, the witnesses present included: the Department of Health and Social Affairs, including the Acting Secretary and his key staff, a representative from the Office of the President, and representatives from the Department of Justice, and the Department of Finance and Administration.
This proposed grant will fund a long standing program with the Department of Health and Social Affairs. The Maternal and Child Health Program is very successful and has provided funding for healthcare employees at the state level, as well as, medicine and equipment. The funding also provides for funding for specialists to visit our Nation to treat our children with significant medical needs.
The current proposed grant is one quarter of the annual funding. Another quarter of funding for this program was also reviewed by the Committee (C.R. No. 20-129). The total yearly budget for the program is attached to the Standing Committee Report for C.R. No. 20-129 for reference of the members. Your Committee notes that the funding level and the activities for the program remain the substantially the same as in years past.
During the hearing your Committee did hear testimony from the witnesses that more support is needed for infants and mothers just after birth. There have been instances where screening and care have not been provided due to the mother and baby leaving the hospital immediately after birth. This early leaving
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STANDING COMMITTEE REPORT NO. 20-91 RE: C.R. NO. 20-130/H&SA SUBJECT: ACCEPTING A GRANT IN THE AMOUNT OF $147,000, TO FUND THE MATERNAL AND CHILD HEALTH PROGRAM.
SEPTEMBER 27, 2018
impacts the ability of healthcare professionals to identify disability and disease immediately after birth, and ultimately also has an impact on infant and mother mortality.
In light of the above comments, your Committee is strongly supportive of the Department of Health and Social Affairs’ efforts to provide additional funding for maternal and children’s medical needs, and it is therefore, for the reasons set forth above, your Committee on Health and Social Affairs supports the grant activities proposed to be funded, it is in accord with the intent and purpose of C.R. No.20-130, and recommends its adoption in the form attached hereto.
Respectfully submitted,
/s/ Ferny S. Perman Ferny S. Perman, chairman Alik L. Alik, vice chairman
/s/ /s/ Tiwiter Aritos /s/ /s/ Florencio S. Harper Tiwiter Aritos, member Florencio S. Harper, member
/s/ /s/ /s/ Joseph J. Urusemal David W. Panuelo, member Joseph J. Urusemal, member
/s/ /s/ Derensio S. Konman Derensio S. Konman, member
349
STANDING COMMITTEE REPORT NO. 20-92
RE: C.R. NO. 20-131/H&SA
SUBJECT: ACCEPTING A GRANT FROM THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES IN THE AMOUNT OF $693,970.
SEPTEMBER 27, 2018
The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fifth Regular Session, 2018
Dear Mr. Speaker:
Your Committee on Health and Social Affairs to which was referred C.R. No. 20-131, entitled:
“A RESOLUTION APPROVING A GRANT IN THE AMOUNT $693,970 FROM THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, CENTERS FOR DISEASE CONTROL AND PREVENTION, TO FUND THE FSM PUBLIC HEALTH AND HEALTHCARE EMERGENCY PREPAREDNESS PROJECT, INCLUDING ALL THE TERMS AND CONDITIONS OF THE ASSISTANCE.”, begs leave to report as follows:
The intent and purpose of the resolution are expressed in its title.
Your Committee held a hearing on September 25, 2018, the witnesses present included: the Department of Health and Social Affairs, including the Acting Secretary and his key staff, a representative from the Office of the President and representatives the Department of Justice, and the Department of Finance and Administration. Your Committee was also fortunate to have the program manager for this program at the hearing. Your Committee values the input of the program managers as they administer the programs and can provide insight into the specific activities funded.
The program that this proposed grant supports is well known to the Committee, and grant funding has grown over the years since this program was established due to the good work in this area. The Committee initially questioned why 60% of the grant money remains at the National Government level with only 10% for each state, however a very detailed explanation was given by the program manager as to the necessity for this. The work done is divided into four parts: 1) the early detection of outbreaks, a team has been designated and is coordinated at the national level; 2) review of lab reports and disease statistics from each of the four states; 3) coordination, investigation and evaluation of any cluster of potential disease events, and 4) accumulating emergency medicine and vaccines in the FSM.
A new component to this program is the training of emergency response volunteers in all the four states, increase training in safety measures and CPR courses. This grant has allowed for evaluation of all the four state hospitals for gaps in their emergency preparedness. Once these gaps are identified additional
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STANDING COMMITTEE REPORT NO. 20-92 RE: C.R. NO. 20-131/H&SA SUBJECT: ACCEPTING A GRANT FROM THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES IN THE AMOUNT OF $693,970.
SEPTEMBER 27, 2018
funding can be secured to cure these. The World Health Organization has provided additional funding to assist with the deficits.
Another valuable addition provided by this program is funding has allowed for additional lab testing equipment to be purchased. Now many tests that had previously been done outside of the FSM are done here, less expensively and faster.
The Committee is appreciative of the work done by this program to expand activities and provide for our Nation’s response to emergencies. Again, your Committee is supportive of the Department of Health and Social Affairs’ efforts to provide for emergency preparedness for our Nation, and it is therefore, for the reasons set forth above, your Committee on Health and Social Affairs supports the grant activities proposed to be funded, it is in accord with the intent and purpose of C.R. No.20-131 and recommends its adoption in the form attached hereto.
Respectfully submitted,
/s/ Ferny S. Perman Ferny S. Perman, chairman Alik L. Alik, vice chairman
/s/ /s/ Tiwiter Aritos /s/ /s/ Florencio S. Harper Tiwiter Aritos, member Florencio S. Harper, member
/s/ /s/ /s/ Joseph J. Urusemal David W. Panuelo, member Joseph J. Urusemal, member
/s/ /s/ Derensio S. Konman Derensio S. Konman, member
351
STANDING COMMITTEE REPORT NO. 20-93
RE: C.R. NO. 20-133/H&SA
SUBJECT: ACCEPTING A GRANT FROM THE UNITED NATIONS DEVELOPMENT PROGRAM (UNDP) IN THE AMOUNT OF $290,386.
SPTEMBER 27, 2018
The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fifth Regular Session, 2018
Dear Mr. Speaker:
Your Committee on Health and Social Affairs to which was referred C.R. No. 20-133, entitled:
“A RESOLUTION APPROVING AND ACCEPTING A GRANT FROM THE UNITED NATIONS DEVELOPMENT PROGRAM (UNDP) IN THE AMOUNT OF $290,386, TO FUND AND SUPPORT THE GLOBAL FUND PROJECT FOR HIV/TB IN THE FSM, INCLUDING ALL THE TERMS AND CONDITIONS OF THE ASSISTANCE.”, begs leave to report as follows:
The intent and purpose of the resolution are expressed in its title.
Your Committee held a hearing on September 25, 2018, the witnesses present included: the Department of Health and Social Affairs, including the Acting Secretary and key staff, representatives from the Office of the President, the Department of Finance and Administration, and the Department of Justice.
The program funded by this grant is well known to the Committee. This program provides targeted prevention programs in all the four states for the prevention and control of HIV/AIDS, viral hepatitis, STDs and TB. The Committee values the Department’s efforts to battle contagious disease, and understands that we face continuing challenges in this area, particular with the rise of drug resistant disease.
Your Committee held in-depth discussions regarding this program, the current funding will be used only for HIV/TB screening. Over 7,000 individuals are tested annually for HIV, and much higher for TB. The high rates of screening for TB include children who are screened prior to attending school. The rates for TB continue to decline in the FSM. Multi-drug resistant TB is still found in the FSM, but public health has taken steps in each instance to treat these cases. There is also education and monitoring done for TB patients to finish their medication so has to reduce the likelihood of drug resistance.
Your Committee appreciates the program summary and detailed budget, which are attached for the information of members.
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STANDING COMMITTEE REPORT NO. 20-93 RE: C.R. NO. 20-133/H&SA SUBJECT: ACCEPTING A GRANT FROM THE UNITED NATIONS DEVELOPMENT PROGRAM (UNDP) IN THE AMOUNT OF $290,386.
SPTEMBER 27, 2018
Your Committee is strongly supportive of the Department of Health and Social Affairs’ efforts to combat communicable disease, and it is therefore, for the reasons set forth above, your Committee on Health and Social Affairs supports the grant activities proposed to be funded, it is in accord with the intent and purpose of C.R. No.20-133, and recommends its adoption in the form attached hereto.
Respectfully submitted,
/s/ Ferny S. Perman Ferny S. Perman, chairman Alik L. Alik, vice chairman
/s/ /s/ Tiwiter Aritos /s/ /s/ Florencio S. Harper Tiwiter Aritos, member Florencio S. Harper, member
/s/ /s/ /s/ Joseph J. Urusemal David W. Panuelo, member Joseph J. Urusemal, member
/s/ /s/ Derensio S. Konman Derensio S. Konman, member
353
STANDING COMMITTEE REPORT NO. 20-94
RE: C.R. NO. 20-134/H&SA
SUBJECT: ACCEPTING A GRANT FROM THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES IN THE AMOUNT OF $160,875.
SEPTEMBER 27, 2018
The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fifth Regular Session, 2018
Dear Mr. Speaker:
Your Committee on Health and Social Affairs to which was referred C.R. No. 20-134 entitled:
“A RESOLUTION APPROVING AND ACCEPTING A GRANT IN THE AMOUNT OF $106,175 FROM THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, HEALTH RESOURCES AND SERVICES ADMINISTRATION, TO FUND THE UNIVERSAL NEWBORN HEARING SCREENING AND INTERVENTION PROJECT IN THE FSM, INCLUDING ALL THE TERMS AND CONDITIONS OF THE ASSISTANCE.”, begs leave to report as follows:
The intent and purpose of the resolution are expressed in its title.
Your Committee held a hearing on September 25, 2018, the witnesses present included: the Department of Health and Social Affairs, including the Acting Secretary and his key staff, a representative from the Office of the President, and representatives from the Department of Justice and the Department of Finance and Administration.
The newborn hearing-screening project is well known to the Committee and has been very successful for the last several years. The program has screening rates for newborn hearing at approximately 80%. The testing rates are down from previous years due largely to women leaving the hospital immediately after birth, and therefore, not making the newborn available for screening. The Committee appreciates the hard work done by this project. It further appreciates that it utilizes the permanent staff of the state hospitals to do the necessary training and does not hire additional employees.
The budget proposed for the coming year is attached for member’s review. Your Committee notes that the budget and activities remain substantially the same as in years past.
Your Committee is strongly supportive of the Department of Health and Social Affairs’ efforts to ensure all our Nation’s newborn infants are screened for hearing, and it is therefore, for the reasons set forth above, your Committee on Health and Social Affairs supports the grant activities proposed to be funded, it is in accord with the intent and purpose of C.R. No.20-134 and recommends its adoption in the form attached hereto.
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STANDING COMMITTEE REPORT NO. 20-94 RE: C.R. NO. 20-134/H&SA SUBJECT: ACCEPTING A GRANT FROM THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES IN THE AMOUNT OF $160,875.
SEPTEMBER 27, 2018
Respectfully submitted,
/s/ Ferny S. Perman Ferny S. Perman, chairman Alik L. Alik, vice chairman
/s/ /s/ Tiwiter Aritos /s/ /s/ Florencio S. Harper Tiwiter Aritos, member Florencio S. Harper, member
/s/ /s/ /s/ Joseph J. Urusemal David W. Panuelo, member Joseph J. Urusemal, member
/s/ /s/ Derensio S. Konman Derensio S. Konman, member
355
STANDING COMMITTEE REPORT NO. 20-95
RE: C.B. No. 20-202/R&D
SUBJECT: ESTABLISHMENT OF A COMPETENT AUTHORITY
SEPTEMBER 27, 2018
The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fifth Regular Session, 2018
Dear Mr. Speaker:
Your Committee on Resources and Development, to which was referred C.B. No. 20-202, entitled:
“A BILL TO FURTHER AMEND TITLE 41 OF THE CODE OF THE FEDERATED STATES OF MICRONESIA (ANNOTATED), AS AMENDED, BY AMENDING SECTIONS 1003, 1007, 1009, 1011, 1013, 1014, 1020, 1022, 1024, 1025, 1026, 1027, 1028, AND 1030 THEREOF, TO PROVIDE FOR THE ESTABLISHMENT OF THE COMPETENT AUTHORITY AND FOR OTHER PURPOSES”, begs leave to report as follows:
The intent and purpose of this resolution are expressed in its title.
On May 25, 2018, the President transmitted Congressional Bill No. 20-202 through Presidential Communication No. 20-240. In this communication, the President explained that the European Union (EU) is the most lucrative tuna market in the world. However, the EU has adopted seafood regulations strictly controlling the importation of tuna from around the world. To the EU market, the FSM must ensure that the fish and fish products it plans to export the EU market are safe for human consumption. Therefore, the FSM must adhere to the strict food safety, hygiene and sanitary control measures on board fishing vessels, at off-loading sites and in land-based fish processing and storage facilities. Any fish and fish products for export to the EU market must comply with the EU seafood standards and import regulations. Therefore, the establishment of a Competent Authority to carry out the monitoring, verification procedures and certification of tuna caught and processed in the FSM to meet the EU standards is a must. This is the purpose of C.B. No. 20-202.
Your Committee on Resources and Development conducted a public hearing on Wednesday, October 26, 2018 at the Congress hearing room at 8:30 a.m. Chairman David W. Panuelo welcome the witnesses who attended the public hearing. The witnesses included: Mr. Moses Pretrick, the Program Manager for Food and Safety Inspection; Secretary Marion Henry, Assistant Secretary FJ Yatilman, Assistant Secretary Alissa Takasy, Program Manager for Agriculture John Wichep from the Department of Resources and Development, Cindy Ehmes, Elina Paul from the Department of Environment, Climate Change and Emergency Management; Executive Director Eugene Pangelinan and an Economic Advisor for NORMA, and Johnson Asher Assistant Attorney General from the Department of Justice. Members of the Committee that were present included: Chairman David W. Panuelo, Senators Victor V. Gouland, Joseph J. Urusemal, Florencio Harper and Esmond Moses.
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STANDING COMMITTEE REPORT NO. 20-95 RE: C.B. No. 20-202/R&D SUBJECT: ESTABLISHMENT OF A COMPETENT AUTHORITY
SEPTEMBER 27, 2018
Chairman Panuelo opened the hearing and gave an opportunity to the witnesses to comment on the bill. Mr. Eugene Pangelinan explained that since there is no Competent Authority established in the FSM, some European Union member countries could not accept exportation of fish and fish products to the EU market. Mr. Pangelinan indicated that since the EU is a lucrative market, once we establish the Competent Authority, the FSM can assure the EU that there is a Competent Authority established, which is capable in certifying our fish and fishery products.
Mr. Pangelinan indicated that EU regulation has very stringent regulations, and this is why the Competent Authority is urgently needed.
In C.B. No. 20-202, there is a new enactment of a “Seafood Verification Unit” under section 1011 of title 41 of the Code of the Federated States of Micronesia (Annotated). It is proposed that the Seafood Verification Unit shall act as the Competent Authority for the purpose of implementing the international food safety requirements and related obligations of the Federated States of Micronesia. The Competent Authority will be located under the Department of Health and Social Affairs. In this new section 1011, the functions of the Seafood Verification Unit, which is the Competent Authority, are enumerated.
Mr. Moses Pretrick indicated that this Competent Authority has been discussed in the past. He indicated that the department had been working together with the Forum Fisheries Agency (FFA) and the Department of Justice on the drafting of the proposed legislation.
Chairman Panuelo had inquired whether the department currently has the capacity to monitor or verify the safety of our fish and fishery products. Mr. Pretrick explained that the Food and Safety Inspection Unit under the Department of Health and Social Affairs, which has two to three staff in the states are providing strict food safety, hygiene and sanitary control measures. He stated that the Food and Safety Inspection Unit is providing the inspection now, and once the bill passes, then the department may request additional funding to run the operation of the Competent Authority. There is also the World Bank funding that NORMA received and NORMA works closely with the Food and Safety Inspection Unit under Department of Health and Social Affairs.
Mr. Pangelinan explained that the World Bank funding is around $500,000, which is supplementing the operation of Food and Safety Inspection Unit. He also added that NORMA is trying to build field offices in each state to assist with the Competent Authority. Once, NORMA has secured a resource person to come and look at overall programs, it can work with the industries on a cost recovery scheme.
Your Committee inquired on how much to fund the Competent Authority. If the bill passes, where will the Competent Authority be placed, at NORMA, Department of Resources and Development or Department of Health and Social Affairs. The proposed measure indicated that the Competent Authority will be placed at the Department of Health and Social Affair.
Your Committee was informed that once the Competent Authority is established, the department can start on the promulgation of the regulations.
Currently, there is the National Food Safety Unit. The EU would like to see a dedicated Competent Authority. If this is established, some of the staff under the National Food Safety Unit can be reshuffled to the Seafood Inspection Unit.
357
STANDING COMMITTEE REPORT NO. 20-85 RE: C.R. No. 20-87/R&D SUBJECT: PROTECTED AREAS NETWORK NATIONAL GUIDING POLICY FRAMEWORK (PAN POLICY FRAMEWORK)
SEPTEMBER 26, 2018
Mr. Pangelinan indicated that once the Competent Authority is established, all the FSM flagged vessels are allowed to land their catches at the EU Market. Hence, this measure is important to the economic development effort of this Nation.
CONCLUSION
Your Committee on Resources and Development is in accord with the intent and purpose of C.B. No. 20-202 and recommends its passage on First Reading and that it be placed on the Calendar for Second and Final Reading in the form attached hereto.
Respectfully submitted,
/s/ David W. Panuelo /s/ Tiwiter Aritos David W. Panuelo, chairman Tiwiter Aritos, vice chairman
/s/ /s/ Victor V. Gouland /s/ /s/ Isaac V. Figir Victor V. Gouland, member Isaac V. Figir, member
/s/ /s/ Derensio S. Konman /s/ /s/ Esmond B. Moses Derensio S. Konman, member Esmond B. Moses, member
/s/ ______Alik L. Alik, member
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STANDING COMMITTEE REPORT NO. 20-96
RE: C.R. NO. 20-137/H&SA
SUBJECT: ACCEPTING A GRANT FROM THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, IN THE AMOUNT OF $666,397.
SEPTEMBER 27, 2018
The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fifth Regular Session, 2018
Dear Mr. Speaker:
Your Committee on Health and Social Affairs to which was referred C.R. No. 20-137, entitled:
“A RESOLUTION APPROVING AND ACCEPTING A GRANT IN THE AMOUNT OF $666,397 FROM THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION, TO PROVIDE FUNDING TO THE FEDERATED STATES OF MICRONESIA, DEPARTMENT OF HEALTHAND SOCIAL AFFAIRS FOR PREVENTION AND TREATMENT SERVICES RELATED TO SUBSTANCE ABUSE FOR THE BUDGET PERIOD FROM OCTOBER 1, 2018, TO SEPTEMBER 30, 2019, INCLUDING ALL THE TERMS AND CONDITIONS OF THE ASSISTANCE.”, begs leave to report as follows:
The intent and purpose of the resolution are expressed in its title.
Your Committee held a hearing on September 26, 2018, the witnesses present included: the Department of Health and Social Affairs, including the Acting Secretary and his key staff, a representative from the Office of the President, and representatives the Department of Justice and the Department of Finance and Administration.
The projects and programs funded by the substance abuse and mental health grant are well known to your Committee. These programs are long-standing and valuable to our Nation. The Committee calls attention to its report on C.R. No. 20-127, which was also heard on September 25th, and presents the testimony and findings on this program.
The Committee is please with the very detailed breakdown on budget, activities for the next fiscal year, and the past year’s performance that is included in Presidential Communication No. 20-321, dated September 18, 2018. Because of the length of this communication it is not attached to this report.
Your Committee is strongly supportive of any efforts to improve the mental health of our citizens, and it is therefore, for the reasons set forth above, your Committee on Health and Social Affairs supports the grant
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STANDING COMMITTEE REPORT NO. 20-96 RE: C.R. NO. 20-137/H&SA SUBJECT: ACCEPTING A GRANT FROM THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, IN THE AMOUNT OF $666,397.
SEPTEMBER 27, 2018
activities proposed to be funded, it is in accord with the intent and purpose of C.R. No.20-137, and recommends its adoption in the form attached hereto.
Respectfully submitted,
/s/ Ferny S. Perman Ferny S. Perman, chairman Alik L. Alik, vice chairman
/s/ /s/ Tiwiter Aritos /s/ /s/ Florencio S. Harper Tiwiter Aritos, member Florencio S. Harper, member
/s/ /s/ David W. Panuelo /s/ /s/ Joseph J. Urusemal David W. Panuelo, member Joseph J. Urusemal, member
/s/ /s/ Derensio S. Konman Derensio S. Konman, member
360
STANDING COMMITTEE REPORT NO. 20-97
RE: C.R. NO. 20-121/EDUCATION
SUBJECT: CONFIRMING THE NOMINATION OF MR. JESSE JOHN SALALU TO SERVE AS A MEMBER OF THE BOARD OF REGENTS OF THE COLLEGE OF MICRONESIA- FSM, REPRESENTING YAP STATE.
SEPTEMBER 28, 2018
The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fifth Regular Session, 2018
Dear Mr. Speaker:
Your Committee on Education, to which was referred C.R. No. 20-121, entitled:
“A RESOLUTION TO CONFIRM THE NOMINATION OF MR. JESSE JOHN SALALU TO SERVE AS MEMBER OF THE BOARD OF REGENTS OF THE COLLEGE OF MICRONESIA-FSM, REPRESENTING YAP STATE.”, begs leave to report as follows:
The intent and purpose of this resolution are expressed in its title.
On September 26, 2018, your Committee held public hearing regarding the nomination of Mr. Jesse John Salalu, for the Yap State Government representative to the College of Micronesia-FSM Board of Regents. Present at this hearing were the President of COM-FSM, and his key staff, a representative from the Office of the President, and a representative from the Department of Justice. Unfortunately a Board of Regents meeting had just concluded in Chuuk and none of the members of the COM-FSM Board of Regents were in Pohnpei. The nominee, a sitting member of the Board of Regents, was also not available.
The nominee, continues to serve as the representative for Yap State, is a well professional. He is currently a Bridging the Gap education specialist. He is also highly educated having attained a Master’s Degree in Education. The nominee is well known and well thought of by the Committee.
The nominee has just completed a three-year term of service on the Board of Regents for COM-FSM. The President of COM-FSM stated that he was very impressed with the work done by Mr. Salalu during his first term on the Board of Regents. Further, the President of COM-FSM stated that the nominee has always acted in the best interests of the college and he would welcome his continued service. All witnesses in attendance echoed the President of COM-FSM in his support of this nominee.
The Office of the President representative stated that the President has confidence in the nominee and is pleased with his performance on the Board of Regents thus far. The Governor of Yap has also signaled his support by the attached letter.
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STANDING COMMITTEE REPORT NO. 20-97 RE: C.R. NO. 20-121/EDUCATION SUBJECT: CONFIRMING THE NOMINATION OF MR. JESSE JOHN SALALU TO SERVE AS A MEMBER OF THE BOARD OF REGENTS OF THE COLLEGE OF MICRONESIA- FSM, REPRESENTING YAP STATE.
SEPTEMBER 28, 2018
Mr. Salalu is known for his personal integrity and work ethic. Further, your Committee defers to the President of our Nation, the President of COM-FSM and the Board of Regents as to the decision to put forward this nominee. Absent any contrary indication, your Committee believes this nominee should be confirmed, and so recommends that Mr. Jesse John Salalu, be confirmed as the Yap State representative on the Board of Regents of the College of Micronesia-FSM.
Your Committee on Education is in accord with the intent and purpose of C.R. No. 20-121 and recommends its adoption in the form attached hereto.
Respectfully submitted,
/s/ Joseph J. Urusemal /s/ Derensio S. Konman Joseph J. Urusemal, chairman Derensio S. Konman, vice chairman
/s/ Florencio S. Harper Florencio S. Harper, member Alik L. Alik, member
/s/ Esmond B. Moses Esmond B. Moses, member Wesley W. Simina, member
/s/ Ferny S. Perman Ferny S. Perman, member
362
STANDING COMMITTEE REPORT NO. 20-98
RE: C.R. NO. 20-126/EDUCATION
SUBJECT: CONFIRMING THE NOMINATION OF MR. TULENSRU E. WAGUK TO SERVE, AS A MEMBER OF THE BOARD OF REGENTS OF THE COLLEGE OF MICRONESIA-FSM, REPRESENTING KOSRAE STATE.
SEPTEMBER 28, 2019
The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fifth Regular Session, 2018
Dear Mr. Speaker:
Your Committee on Education, to which was referred C.R. No. 20-126, entitled:
“A RESOLUTION TO CONFIRM THE NOMINATION OF MR. TULENSRU E. WAGUK TO SERVE AS MEMBER OF THE BOARD OF REGENTS OF THE COLLEGE OF MICRONESIA-FSM, REPRESENTING THE STATE OF KOSRAE.”, begs leave to report as follows:
The intent and purpose of this resolution are expressed in it title.
On September 26, 2018, your Committee held public hearing regarding the nomination of Mr. Tulensru E. Waguk, for the Kosrae State Government representative to the College of Micronesia-FSM Board of Regents. Present at this hearing were the President of COM-FSM, and his key staff, a representative from the Office of the President, and a representative from the Department of Justice. Unfortunately a Board of Regents meeting had just concluded in Chuuk and none of the members of the COM-FSM Board of Regents were in Pohnpei. The nominee, who is the current chairman of the Board of Regents, was also not available.
The nominee, continues to serve as the representative for Kosrae State, and the chairman of the Board of Regents is a well-known professional. He is currently a Bridging the Gap education specialist. He is also highly educated having attained a Master’s Degree in Education and a Ph.D. in Philosophy. The nominee is well thought of by the Committee, and community.
The nominee has just completed a three-year term of service on the Board of Regents for COM-FSM. The President of COM-FSM stated that he was very impressed with the work done by Mr. Waguk during his first term on the Board of Regents, especially in his leadership as chairman. Further, the President of COM-FSM stated that the nominee has always acted in the best interests of the college and he would welcome his continued service. All witnesses in attendance echoed the President of COM-FSM in his support of this nominee.
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STANDING COMMITTEE REPORT NO. 20-98 RE: C.R. NO. 20-126/EDUCATION SUBJECT: CONFIRMING THE NOMINATION OF MR. TULENSRU E. WAGUK TO SERVE, AS A MEMBER OF THE BOARD OF REGENTS OF THE COLLEGE OF MICRONESIA-FSM, REPRESENTING KOSRAE STATE.
SEPTEMBER 28, 2019
The Office of the President representative stated that the President has confidence in the nominee and is pleased with his performance on the Board of Regents thus far. The Governor of Kosrae and its leadership have also verbally expressed their support for the nominee to the Office of the President.
Mr. Waguk is known for his personal integrity and work ethic. Further, your Committee defers to the President of our Nation, the President of COM-FSM and the Board of Regents as to the decision to put forward this nominee. Absent any contrary indication, your Committee believes this nominee should be confirmed, and so recommends that Mr. Tulensru E. Waguk, be confirmed as the Kosrae State representative on the Board of Regents of the College of Micronesia-FSM.
Your Committee on Education is in accord with the intent and purpose of C.R. No. 20-126 and recommends its adoption in the form attached hereto.
Respectfully submitted,
/s/ Joseph J. Urusemal /s/ Derensio S. Konman Joseph J. Urusemal, chairman Derensio S. Konman, vice chairman
/s/ Florencio S. Harper Florencio S. Harper, member Alik L. Alik, member
/s/ Esmond B. Moses /s/ Wesley W. Simina Esmond B. Moses, member Wesley W. Simina, member
/s/ Ferny S. Perman Ferny S. Perman, member
364
STANDING COMMITTEE REPORT NO. 20-99
RE: C.B. NO. 20-246/J&GO
SUBJECT: 7% INCREASE IN WAGES FOR NATIONAL GOVERNMENT EMPLOYEES
SEPTEMBER 28, 2018
The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fifth Regular Session, 2018
Dear Speaker:
Your committee on Judicial and Governmental Operations to which was referred C.B. 20-246, entitled:
“A BILL FOR AN ACT TO AWARD A 7% (SEVEN PERCENT) INCREASE IN THE ANNUAL SALARY FOR ALL FULL-TIME EMPLOYEES OF THE FEDERATED STATES OF MICRONESIA NATIONAL GOVERNMENT WHO HAVE BEEN EMPLOYED FOR MORE THAN 4 YEARS, AND FOR OTHER PURPOSES.”, begs leave to report as follows.
The intent and purpose of the bill are expressed in its title.
Your Committee held a public hearing on September 27, 2018. The witnesses present included the Department of Justice, Department of Personnel and the Department of Finance and Administration.
The hearing began with a discussion regarding the financial impact of the bill. The Assistant Secretary, Department of Finance and Administration, Dwight Edward, had provided his calculations prior to the hearing and he indicated there would be 401 employees impacted, with an overall financial increase of $384,367. The Secretary of Finance and Administration, Sihna Lawrence indicated that she had not prepared calculations for the hearing and would provide them to the Committee. She expressed concern that the numbers that had been used to calculate the financial impact of the retirement plan bill seemed higher than the numbers provided by personnel.
Chairman Perman asked when the last across the board salary increase had occurred and Assistant Secretary Edward indicated there had been a $35 increase for all FSM national employees back in 2006 and a $40 COLA increase in 2014. Chairman Perman indicated he had spoken with the FSM Bank and Bank of Guam and they had shared that there has been an increase in people needing loans due to employees not bringing home enough money to pay for home renovations, etc.
Chairman Urusemal inquired as to what the difference between salary and COLA was and Assistant Attorney General Jun Bacalando suggested that the definition of salary is the base of pay, subject to adjustments and that COLA is in place to balance the effect of inflation. Chairman Urusemal inquired as to whether there had been a national survey comparing state and national salaries. Assistance Secretary
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STANDING COMMITTEE REPORT NO. 20-99 RE: C.B. NO. 20-246/J&GO SUBJECT: 7% INCREASE IN WAGES FOR NATIONAL GOVERNMENT EMPLOYEES
SEPTEMBER 28, 2018
Edward indicated he was not aware of other states, but Pohnpei salaries are aligned with the national salaries. He also stated that Yap has the lowest salaries.
Discussion occurred regarding the total amount of the raises and Secretary Lawrence indicated it would not have a significant impact on the budget. She also suggested that currently managers are not managing their subordinates because of the hiring freeze. She said employees attendance is impacted and they come and go as they wish because they often have other responsibilities to earn additional monies to subsidize their low pay. She expressed her support of the intent of the bill but indicated that she felt it should be performance based to address this issue. She also indicated that it should be applied across the board for all permanent employees that have completed probation. Assistant Secretary Edward expressed that morale was down and they were in support of the intent of the bill because it would help address this.
There was a lengthy discussion about the need for the bill to be across the board and not only for employees who have been employed for more than 4 years. The way the pay scale is set up, wages are fixed and Assistant Secretary Edward pointed out that there would be no way for them to implement the raise to only those who have been employed for more than 4 years. There was some discussion about the current merit based system, but it is not being implemented because managers are not evaluating their subordinates.
There was some discussion about employees who are employed and working on federal or grant programs that have special service contracts. Secretary Lawrence indicated their Position Action Form should state that their position is contingent on funding from the grant. It was pointed out that the bill excludes those under contract.
Your Committee would like to offer the following amendments to read as follows:
1) Title, line 3-4, delete “who have been employed more than 4 years”. 2) Page 1, line 4-5, delete “for at least 4 years”.
CONCLUSION:
Your Committee on Judicial and Governmental Operations is in accord with the intent and purpose of C.B. No. 20-246 and recommends its passage on First Reading and that it be placed on the Calendar for Second and Final Reading in the form attached hereto as C.B. No. 20-246, C.D.1
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STANDING COMMITTEE REPORT NO. 20-99 RE: C.B. NO. 20-246/J&GO SUBJECT: 7% INCREASE IN WAGES FOR NATIONAL GOVERNMENT EMPLOYEES
SEPTEMBER 28, 2018
Respectfully submitted,
/s/ Robson U. Romolow /s/ Dion G. Neth Robson U. Romolow, chairman Dion G. Neth, vice chairman
Isaac V. Figir, member Tiwiter Aritos, member
/s/ Esmond B. Moses Esmond B. Moses, member Paliknoa K. Welly, member
/s/ Wesley W. Simina Wesley W. Simina, member
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STANDING COMMITTEE REPORT NO. 20-100
RE: C.R. NO. 20-136/H&SA
SUBJECT: ACCEPTING A GRANT FROM THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES IN THE AMOUNT OF $1,437,107.
SEPTEMBER 28, 2018
The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fifth Regular Session, 2018
Dear Mr. Speaker:
Your Committee on Health and Social Affairs to which was referred C.R. No. 20-136, entitled:
“A RESOLUTION APPROVING A GRANT IN THE AMOUNT $1,437,107 FROM THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, CENTERS FOR DISEASE CONTROL AND PREVENTION, INCLUDING ALL THE TERMS AND CONDITIONS OF THE ASSISTANCE.”, begs leave to report as follows:
The intent and purpose of the resolution are expressed in its title.
Your Committee held a hearing on September 25, 2018, the witnesses present included: the Department of Health and Social Affairs, including the Acting Secretary and his key staff, a representative from the Office of the President and representatives the Department of Justice, and the Department of Finance and Administration. Your Committee was also fortunate to have the program manager for this program at the hearing. Your Committee values the input of the program managers as they administer the programs and can provide insight into the specific activities funded.
The program that this proposed grant supports is well known to the Committee, however there is a new sub-part and expanded funding from the U.S. The United States is fighting its opioid abuse crisis and has allowed the FSM to apply for this funding as well. The Department of Health and Social Affairs stated that while opioid abuse is still rare in the FSM that Hawaii and Guam already have problems in this regard. The FSM must be ready for at least some drug abuse cases. The funding under this grant will be used in conjunction with the mental health services to give additional services to our at risk population, assist in additional training for health staff to reduce the over prescription of narcotic pain medicine, and to train law enforcement and first responders to identify and assist individuals in medical crisis.
Your Committee is pleased that the pro-active members of this program have identified new funding and will be providing additional services to our vulnerable population. The Committee will be doing oversight with this program to follow the implementation of these new activities. A summary budget is attached for the information of members.
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STANDING COMMITTEE REPORT NO. 20-100 RE: C.R. NO. 20-136/H&SA SUBJECT: ACCEPTING A GRANT FROM THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES IN THE AMOUNT OF $1,437,107.
SEPTEMBER 28, 2018
The Committee is appreciative of the work done by this program to expand activities and provide for our Nation’s response to drug abuse. Again, your Committee is supportive of the Department of Health and Social Affairs’ efforts to provide for preparedness and prevention of any drug abuse crisis, and it is therefore, for the reasons set forth above, your Committee on Health and Social Affairs supports the grant activities proposed to be funded, it is in accord with the intent and purpose of C.R. No.20-136 and recommends its adoption in the form attached hereto.
Respectfully submitted,
/s/ Ferny S. Perman Ferny S. Perman, chairman Alik L. Alik, vice chairman
/s/ /s/ /s/ Florencio S. Harper Tiwiter Aritos, member Florencio S. Harper, member
/s/ /s/ David W. Panuelo /s/ /s/ Joseph J. Urusemal David W. Panuelo, member Joseph J. Urusemal, member
/s/ /s/ Derensio S. Konman Derensio S. Konman, member
369
20th CONGRESS of the Federated States of Micronesia
FIFTH REGULAR SESSION
Special Committee Reports
370
SPECIAL COMMITTEE REPORT NO. 20-12
RE: COMMITTEE TO WAIT ON THE PRESIDENT
SEPTEMBER 18, 2018
The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fifth Regular Session, 2018
Dear Mr. Speaker:
Your Committee to Wait on the President was duly appointed on September 17, 2018, consisting of members Dion G. Neth, Paliknoa K. Welly, Joseph J. Urusemal and Derensio S. Konman. Dion G. Neth was designated as the chairman.
The Committee met with the President, Vice-President and the Executive cabinet and staff on September 17, 2018, at 1:30 p.m. Chairman Neth greeted the President, Vice-President and key members of the Executive on behalf of Congress, and thanked them for the opportunity to meet. Chairman Neth reported that Congress was in session and was ready to transact business. Your Committee received an agenda from the President communicating the priorities the Executive branch wished action on this session. Upon review of the agenda the Chairman stated these priorities were approximately those of the Congress. The President provided the Committee with a priority agenda of items that would like to see addressed during this regular session.
The first item that the President discussed was his strong desire that action on the pending foreign investment bill be taken this session. The President noted that this legislation has been pending for some time and it would be beneficial for the Nation if action was taken.
The President continued on to note that pending board nominations are before Congress. Currently nominations for the COM-FSM Board of Regents and the Social Security Administration Board are before Congress. He also stated it was likely that others would be submitted shortly. The President stated that he has advised his secretaries and other key staff that he would prefer that they do not serve as members of boards, therefore, it is likely that there may be additional vacancies in the near future.
The President then informed the Committee that this last week an immigration issue involving our Filipino foreign workers has developed. The President stated that while no formal complaint or documentation has been made available to the FSM government action has been taken by the Philippine Overseas Employment Authority (POEA) to block the return of currently employed Filipino workers to the FSM. The understanding of the FSM government is that there have been complaints made about employment conditions in the FSM and the POEA has unilaterally made the decision to stop Filipino workers from coming to the FSM. The President has tasked the relevant departments to immediately work on this issue. The President also stated that he is dissatisfied with some of the current burdens placed on the hiring employers in the FSM and that while working on resolution of this issue the FSM government will also take care to address these concerns.
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SPECIAL COMMITTEE REPORT NO. 20-12 RE: COMMITTEE TO WAIT ON THE PRESIDENT
SEPTEMBER 18, 2018
The President also informed your Committee that a supplemental budget request would be transmitted to Congress this week. He told the Committee that a revised revenue projection should be transmitted by the end of today. The Executive supplementary budget request will be approximately $4.6 million. Several of the items that will be included in the President’s supplemental budget request were discussed during the meeting, and are as follows:
1) PATS: Complete renovation and start-up of PATS trade school to address the deficiency in skilled craftsmen and tradesmen. The requested funding will be $1.5 million. The Committee stated that there had been oversight hearings on this request before, and among other concerns, there had not been sufficient detail presented on this proposal. The President requested that the Secretary of Education submit a detailed proposal on this issue, and make himself available for any additional hearing. 2) DOJ Litigation: Department of Justice is requesting $250,000 for litigation expenses in the PII case. This case is now at the stage that it is necessary to name expert witnesses as the court mandated settlement discussions have failed to result in an agreement by the parties. While the matter may yet be resolved the FSM has to be prepared to go to arbitration and possibly trial. 3) Volunteer Corps: The President would like a small amount of funding to place retired government workers in the health and education sectors to supplement those areas. The funding would be used to give these part-time volunteers a stipend to be used for transport and meals during their part-time service. 4) MiCare subsidy: The President has just been advised that MiCare has over $1 million in past due debt to healthcare providers as of May. There is an ongoing backlog of claims and a reconciliation issue as well. A representative from MiCare was present at the meeting and stated that there may be as much as $1.5 million outstanding due at this time. Both the President and the Committee commented that this is the first time this year that MiCare has given any indication of a large outstanding debt being owed to any of the healthcare providers. The Committee stated that oversight would be done regarding this issue. 5) Seabed Mining Initiative: Funding is being requested to do the initial organization and operations framework for the new division. The President envisions this new division will need a budget of approximately $200,000 annually. Once the division is operational with regulations in place the bidding and permit process can begin. The Committee stated that it has had indications that there has been opposition to seabed mining in the FSM. The President stated that environmental protections would be taken into consideration during the development of the legal framework and regulations. 6) CIA subsidy: There is also a request for a subsidy of $300,000 for operation of our airline, CIA; the detailed budget request will be forthcoming shortly.
Additional issues discussed included possible legislation to create a revolving fund for use to buy fishing days for resale, and the update on our ships in port/dry dock for repairs.
The meeting concluded with mutual agreement to move forward on the above issues in a timely and cooperative manner. The Committee is submitting a brief report at this time. Your Committee kindly requests the members address any further questions regarding the priority issues for this session to the members of the Committee during the discussion of this report at session.
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SPECIAL COMMITTEE REPORT NO. 20-12 RE: COMMITTEE TO WAIT ON THE PRESIDENT
SEPTEMBER 18, 2018
Respectfully submitted,
/s/ Dion G. Neth /s/ Joseph J. Urusemal Dion G. Neth, chairman Joseph J. Urusemal, member
/s/ Paliknoa K. Welly /s/ Derensio S. Konman Paliknoa K. Welly, member Derensio S. Konman, member
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SPECIAL COMMITTEE REPORT NO. 20-13
RE: PRESIDENTIAL COMMUNICATION NO. 20-211
SUBJECT: FISCAL YEAR 2019 BUDGET/CCC
SEPTEMBER 18, 2018
The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fifth Regular Session, 2018
Dear Mr. Speaker:
Your Committee on Climate Change, to which was jointly referred the National Government’s proposed Fiscal Year 2019 budget, begs leave to report as follows:
Presidential Communication No. 20-211 was transmitted to Congress with the National Government Fiscal Year 2019 Recommended Budget (“Budget Book”) on April 1, 2018. Pursuant to Rule 7, Section 3(b) of the Official Rules of Procedure of the Twentieth Congress of the Federated States of Micronesia, your Committee has limited its review to those portions of the budget relating to matters under its jurisdiction. These are:
A. Department of Environment, Climate Change, and Emergency Management (DECCEM) 1. Office of the Director 2. Division of Environment 3. Division of Climate Change 4. Division of Emergency Management B. Grants, Subsidies, and Contributions 1. UN Environmental Protection 2. United Nation Framework on Climate Change 3. United Nation Convention to Combat Decertification 4. Secretariat of Pacific Region Environment Program 5. Waigani Convention 6. SPREP Noumea Convention 7. Earth Day Activities 8. 6th Bi-Annual Environment Conference 9. FSM FEMA Disaster Matching 10. Bassel Convention 11. Kyoto Protocol 12. WMO Membership C. Capital & Human Resources Development 1. Global Environment Facility Constituency Meetings 2. Disaster Risk Management Annual Meeting 3. 15 Thousand Gallon Water Catchment
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SPECIAL COMMITTEE REPORT NO. 20-13 RE: PRESIDENTIAL COMMUNICATION NO. 20-211 SUBJECT: FISCAL YEAR 2019 BUDGET/CCC
SEPTEMBER 18, 2018
4. Implement the FSM National Disaster Response Plan 5. Backup Generator 6. National & State Table Top Meeting 7. Outer Island Trip – Assessment on Climate Change & Disaster Risk Management
This report, and all previous and subsequent reports of your Committee, should be treated as reflecting policies of the Federated States of Micronesia, as defined by the Congress. It is the intent of your Committee that any commentary found in this report should be treated as policy for the guidance of the department, agencies and entities.
The findings and recommendations of your Committee follow:
A. Department of Environment, Climate Change and Emergency Management (DECCEM)
Your Committee notes that the Department of Environment, Climate Change and Emergency Management (DECCEM) is a newly formed department replacing the former Office of Environment and Emergency Management (OEEM). The figures shown in the charts below show the amount appropriated in FY2018 for the OEEM plus the supplemental amount appropriated in Public Law 20-94 for the DECCEM, the amount proposed by the DECCEM for FY2019, the amount recommended by the President for FY2019, as listed in the “FY19 Recommended” column in the “Budget Book”, and finally the amount recommended by your Committee for FY2019.
OVERALL BUDGET SUMMARY FY2019 – DEPARTMENT OF ENVIRONMENT, CLIMATE CHANGE AND EMERGENCY MANAGEMENT
FY2018 FY2019 FY2019 President FY2019 Committee Appropriated Proposed Recommend Recommend Personnel $294,180 $536,014 $544,054 $544,054 Travel $111,546 $183,379 $183,379 $183,379 Contract $84,000 $50,000 $50,000 $50,000 OCE $32,220 $47,120 $47,120 $47,120 Fixed Assets $24,600 $16,600 $16,600 $16,600 Total $546,546 $833,113 $841,153 $841,153 Employee # 9 25 25 25
Your Committee recommends funding the department as recommended by the President for FY2019. Your Committee supports the perceived needs of the department and wishes to fully support the department in its first full fiscal year. The Committee expects to review the results and accomplishments of the department in its next budget hearing, and is particularly interested in reviewing the progress made by the new Division of Climate
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SPECIAL COMMITTEE REPORT NO. 20-13 RE: PRESIDENTIAL COMMUNICATION NO. 20-211 SUBJECT: FISCAL YEAR 2019 BUDGET/CCC
SEPTEMBER 18, 2018
Change. Your Committee has reviewed and recommends the following budget for each office and division of the department:
1. Office of the Secretary
FY2019 President FY2019 Proposed FY2019 Committee Recommend Recommend Personnel $123,718 $125,574 $125,574 Travel $36,271 $36,271 $36,271 Contract $0 $0 $0 OCE $24,320 $24,320 $24,320 Fixed Assets $5,000 $5,000 $5,000 Total $189,309 $191,165 $191,165 Employee # 5 5 5
2. Division of Environment
FY2019 President FY2019 Proposed FY2019 Committee Recommend Recommend Personnel $135,865 $137,903 $137,903 Travel $46,623 $46,623 $46,623 Contract $0 $0 $0 OCE $7,300 $7,300 $7,300 Fixed Assets $5,000 $5,000 $5,000 Total $194,788 $196,826 $196,826 Employee # 7 7 7
3. Division of Climate Change
FY2019 President FY2019 Proposed FY2019 Committee Recommend Recommend Personnel $151,379 $153,650 $153,650 Travel $40,613 $40,613 $40,613 Contract $50,000 $50,000 $50,000 OCE $7,700 $7,700 $7,700 Fixed Assets $4,400 $4,400 $4,400 Total $254,092 $256,363 $256,363 Employee # 7 7 7
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SPECIAL COMMITTEE REPORT NO. 20-13 RE: PRESIDENTIAL COMMUNICATION NO. 20-211 SUBJECT: FISCAL YEAR 2019 BUDGET/CCC
SEPTEMBER 18, 2018
4. Division of Emergency Management
FY2019 President FY2019 Proposed FY2019 Committee Recommend Recommend Personnel $125,052 $126,928 $126,928 Travel $59,872 $59,872 $59,872 Contract $0 $0 $0 OCE $7,800 $7,800 $7,800 Fixed Assets $2,200 $2,200 $2,200 Total $194,924 $196,800 $196,800 Employee # 6 6 6
B. GRANTS, SUBSIDIES & CONTRIBUTIONS
DEPARTMENT OF ENVIRONMENT, CLIMATE FY2018 FY2019 FY2019 President FY2019 Committee CHANGE AND Appropriated Proposed Recommend Recommend EMERGENCY MANAGEMENT 1. UNEP $835 $835 $835 $835 2. UNFCCC $325 $325 $325 $325 3. UNCCD $195 $195 $195 $195 4. SPREP $10,768 $10,768 $10,768 $10,768 5. Waigani Convention $1,190 $1,190 $1,190 $1,190 6. SPREP-Noumea Con. $1,764 $1,764 $1,764 $1,764 7. Earth Day Activities $15,000 $15,000 $15,000 $15,000 8. 6th Bi-Annual Environment $20,000 $20,000 $20,000 $20,000 Conference 9. FSM FEMA Disaster $200,000 $0 $0 $0 Matching 10. Basel Convention $501 $197 $197 $197 11. Kyoto Protocol $409 $484 $484 $484 12. WMO Membership (Current $250,000 $15,000 $15,000 $15,000 fee & Prior Obligations) Total for DECCEM $500,987 $65,758 $65,758 $65,758
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SPECIAL COMMITTEE REPORT NO. 20-13 RE: PRESIDENTIAL COMMUNICATION NO. 20-211 SUBJECT: FISCAL YEAR 2019 BUDGET/CCC
SEPTEMBER 18, 2018
C. CAPITAL & HUMAN RESOURCES DEVELOPMENT
DEPARTMENT OF ENVIRONMENT, FY2019 FY2019 FY2018 FY2019 CLIMATE CHANGE AND President Committee Appropriated Proposed EMERGENCY MANAGEMENT Recommend Recommend 1. Hosting of GEF Constituency Meetings $40,000 $0 $0 $0 2. Disaster Risk Management Annual Meeting $20,000 $30,000 $30,000 $30,000 3. Water Catchment $4,250 $0 $0 $0 4. Implement the FSM NDRP $30,000 $0 $0 $0 5. Backup Generator $40,000 $0 $0 $0 6. National & State Table Top Exercise $0 $30,000 $30,000 $30,000 7. Outer Island Trip Assessment - Climate $0 $80,000 $80,000 $80,000 Change & Disaster Risk Management Total for DECCEM $134,250 $140,000 $140,000 $140,000
D. CONCLUSION
Your Committee on Climate Change has carefully reviewed the President’s recommended FY2019 budget and all information provided by the Executive and the entities under your Committee’s jurisdiction. The recommended sums set forth above reflect your Committee’s recommendations on the level of funding for the designated activity, program or project for FY2019, subject to the recommendations of the Committee on Ways and Means.
Respectfully submitted,
______/s/ Dion G. Neth Alik L. Alik, chairman Dion G. Neth, member
/s/ Wesley W. Simina /s/ Derensio S. Konman Wesley W. Simina, member Derensio S. Konman, member
/s/ Isaac V. Figir Isaac V. Figir, member
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20th CONGRESS of the Federated States of Micronesia
FIFTH REGULAR SESSION
Presidential Communications
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PRESIDENTIAL COMMUNICATIONS
-No. 20-288 – (Dated & received 08/10/18) - Designating Congressional Act No. 20-100 as Public Law No. 20-103: “TO AMEND SECTIONS 1, 3, 8 AND 9 OF PUBLIC LAW NO. 20-42, AS AMENDED BY PUBLIC LAWS NOS. 20-54, 20-64, 20- 67, 20-83 AND 20-94, IN ORDER TO APPROPRIATE $655,000 OF ADDITIONAL FUNDS FROM THE GENERAL FUND OF THE FEDERATED STATES OF MICRONESIA FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2018, FOR OTHER PURPOSES.”
-No. 20-289 – (Dated & received 08/10/18) - Designating Congressional Act No. 20-102 as Public Law No. 20-104: “TO APPROPRIATE THE SUM OF $100,000 FROM THE GENERAL FUND OF THE FEDERATED STATES OF MICRONESIA FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2018, FOR THE PURPOSE OF FUNDING RELIEF EFFORTS IN JAPAN DUE TO MASSIVE FLOODING IN WESTERN JAPAN, AND FOR OTHER PURPOSES.”
-No. 20-290 – (Dated 08/21/18 & received 08/22/18) – Transmitting the Bill to enact an anti- dumping law in the aviation services for the protection of the FSM people.
-No. 20-291 – (Dated & received 08/22/18) – Transmitting a Resolution, accepting the $950,624 financial grant from the US Department of Human Services Substance Abuse and Mental Health Services Administration to support the project called: FSM Department of Health and Social Affairs SPF-PFS Project.
-No. 20-292 – (Dated & received 08/24/18) – Designating Congressional Act No. 20-104 as Public Law No. 20-105: “TO FURTHER AMEND PUBLIC LAW NO. 15-80, AS AMENDED BY PUBLIC LAWS NOS 16-04, 17-53, 18-37, 18-66, 19-14, 19- 105, 19-161 AND 20-37 BY AMENDING SECTION 2 THEREOF, FOR THE PURPOSE OF CHANGING THE LAPSE DATE OF CERTAIN FUNDS PREVIOUSLY APPROPRIATED THEREIN, FOR PUBLIC PROJECTS AND SOCIAL PROGRAMS IN EACH OF THE STATES, AND FOR OTHER PURPOSES.”
-No. 20-293 – (Dated & received 08/24/18) – Designating Congressional Act No. 20-103 as Public Law No. 20-106: “TO FURTHER AMEND PUBLIC LAW NO. 15-32, AS AMENDED BY PUBLIC LAWS NOS. 15-36, 15-44, 15-57, 15-63, 15-72, 15- 78, 16-03, 16-11, 16-33, 16-46, 17-12, 17-21, 17-33, 17-40, 18-17, 18-67, 18-85, 18-104, 19-17, 19-100, 19-157 AND 20-38, BY AMENDING SECTION 2 THEREOF, FOR THE PURPOSE OF CHANGING THE LAPSE DATE OF CERTAIN FUNDS PREVIOUSLY APPROPRIATED THEREIN, TO FUND PUBLIC PROJECTS AND SOCIAL PROGRAMS FOR THE PEOPLE OF YAP, KOSRAE, POHNPEI AND CHUUK STATES, AND FOR OTHER PURPOSES.”
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Presidential Communications (continued p. 2) 20FSMC 5RS September/October 2018 -No. 20-294 – (Dated & received 08/24/18) - Designating Congressional Act No. 20-110 as Public Law No. 20-107: “TO FURTHER AMEND PUBLIC LAW NO. 17-68, AS AMENDED BY PUBLIC LAWS NOS. 17-71, 17-81, 17-84, 17-89, 17-90, 18- 03, 18-10, 18-13, 18-32, 18-46, 18-58, 18-87, 18-95, 19-16, 19-47, 19-87, 19-98, 19-123 AND 20-28, BY AMENDING SECTION 6THEREIN, FOR THE PURPOSE OF CHANGING THE LAPSE DATE OF CERTAIN FUNDS PREVIOUSLY APPROPRIATED TO FUND PUBLIC PROJECTS AND SOCIAL PROGRAMS IN EACH OF THE STATES, AND FOR OTHER PURPOSES.
-No. 20-295 – (Dated & received 08/24/18) - Designating Congressional Act No. 20-106 as Public Law No. 20-108: “TO FURTHER AMEND PUBLIC LAW NO. 16-49, AS AMENDED BY PUBLIC LAWS NOS. 16-68, 16-76, 17-06, 17-10, 17-23, 17- 30, 17-32, 17-45, 17-82, 17-85, 18-28, 18-45, 18-59, 18-86, 19-11, 19-106 AND 19-110 BY AMENDING SECTION 6 THEREOF, FOR THE PURPOSE OF CHANGING THE LAPSE DATE OF CERTAIN FUNDS PREVIOUSLY APPROPRIATED THEREIN, TO FUND PUBLIC PROJECTS AND SOCIAL PROGRAMS IN EACH OF THE STATES, AND FOR OTHER PURPOSES.”
-No. 20-296 – (Dated & received 08/24/18) – Designating Congressional Act No. 20-105 as Public Law No. 20-109: “TO FURTHER AMEND PUBLIC LAW NO. 16-18, AS AMENDED BY PUBLIC LAWS NOS. 16-24, 16-32, 16-39, 16-45, 16-54, 16- 67, 17-04, 17-14, 17-26, 17-39, 17-65, 18-27, 18-47, 18-80, 19-13 AND 19-108, BY AMENDING SECTION 2 THEREOF, TO CHANGE THE LAPSE DATE OF CERTAIN FUNDS PREVIOUSLY APPROPRIATED THEREIN, AND FOR OTHER PURPOSES.”
-No. 20-297 – (Dated & received 08/24/18) – Designating Congressional Act No. 20-107 as Public Law No. 20-110: “TO FURTHER AMEND PUBLIC LAW NO. 19-93, AS AMENDED BY PUBLIC LAWS NOS. 19-104 AND 19-168, BY AMENDING SECTION 2 THEREOF, FOR THE PURPOSE OF CHANGING THE LAPSE DATE OF FUNDS PREVIOUSLY APPROPRIATED THEREIN, TO FUND PRIORITY INFRASTRUCTURE PROJECTS AND OTHER PROGRAMS IN THE STATE OF CHUUK, AND FOR OTHER PURPOSES.”
-No. 20-298 – (Dated & received 08/24/18) – Designating Congressional Act No. 20-109 as Public Law No. 20-111: “TO FURTHER AMEND PUBLIC LAW NO. 19-170, AS AMENDED BY PUBLIC LAW NO. 20-02, BY AMENDING SECTION 6 THEREOF, TO CHANGE THE LAPSE DATE OF FUNDS PREVIOUSLY APPROPRIATED THEREIN, FOR THE PURPOSE OF FUNDING PUBLIC PROJECTS AND SOCIAL PROGRAMS IN EACH OF THE STATES, AND FOR OTHER PURPOSES.”
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Presidential Communications (continued p. 3) 20FSMC 5RS September/October 2018 -No. 20-299 – (Dated 08/29/18 & received 08/30/18) – Submitting re-nomination of Mr. Tulensru Waguk to serve on the Board of Regents for the College of Micronesia-FSM representing the State of Kosrae, along with his resume.
-No. 20-300 – (Dated & received 08/30/18) – Designating Congressional Act No. 20-111 as Public Law No. 20-112: “TO FURTHER AMEND PUBLIC LAW NO. 18-99, AS AMENDED BY PUBLIC LAWS NOS. 18-106, 18-113, 18-121, 19-05, 19-34, 19-57, 19-74, 19-107, 20-18 AND 20-24, BY AMENDING SECTION 6 THEREOF, TO CHANGE THE LAPSE DATE OF FUNDS PREVIOUSLY APPROPRIATED THEREIN, TO FUND PUBLIC PROJECTS AND SOCIAL PROGRAM FOR THE PEOPLE OF THE STATES OF YAP, KOSRAE, POHNPEI AND CHUUK, AND FOR OTHER PURPOSES.”
-No. 20-301 – (Dated & received 08/30/18) – Designating Congressional Act No. 20-116 as Public Law No. 20-113: “TO AMEND PUBLIC LAW NO. 20-31, AS AMENDED BY PUBLIC LAWS NOS. 20-41, 20-50 AND 20-77, BY AMENDING SECTION 3 THEREOF, TO CHANGE THE USE OF FUNDS PREVIOUSLY APPROPRIATED THEREIN, TO FUND PUBLIC PROJECTS AND SOCIAL PROGRAMS FOR THE PEOPLE OF KOSRAE STATE, AND FOR OTHER PURPOSES.”
-No. 20-302 – (Dated & received 08/30/18) – VETOED Congressional Act No. 20-101 in its entirety: “TO FURTHER AMEND TITLE 55 OF THE CODE OF THE FEDERATED STATES OF MICRONESIA (ANNOTATED), AS AMENDED, BY ADDING A NEW SECTION 1222 FOR THE PURPOSE OF REQUIRING TWENTY PERCENT (20%) OF ALL NATIONAL GOVERNMENT FISHING FEES COLLECTED IN A FISCAL YEAR TO BE DEPOSITED INTO THE FSM TRUST FUND, AND TO ADD A NEW SECTION 324 OF TITLE 54 OF THE CODE OF THE FEDERATED STATES OF MICRONESIA (ANNOTATED), AS AMENDED, FOR THE PURPOSE OF REQUIRING FIFTY PERCENT (50%) OF THE TAX ON ALL PREMIUMS COLLECTED FROM CAPTIVE INSURANCE COMPANIES IN A FISCAL YEAR TO BE DEPOSITED INTO THE FSM TRUST FUND, AND FOR OTHER PURPOSES.”
-No. 20-303 – (Dated & received 08/30/18) – Transmitting a bill appropriating $80,000,000 for contributing to the FSM Trust Fund.
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Presidential Communications (continued p. 4) 20FSMC 5RS September/October 2018 -No. 20-304 – (Dated 08/30/18 & received 09/03/18) – Designating Congressional Act No. 20-108 as Public Law No. 20-114: “TO FURTHER AMEND PUBLIC LAW NO. 19- 141, AS AMENDED BY PUBLIC LAWS NO. 19-147 AND 19-171, BY AMENDING SECTION 2 THEREOF, TO CHANGE THE LAPSE DATE OF FUNDS PREVIOUSLY APPROPRIATED THEREIN, FOR THE PURPOSE OF FUNDING DEFUNDED PROGRAMS AND ACTIVITIES OF THE GOVERNMENT OF THE STATE OF KOSRAE AND PUBLIC PROJECTS AND SOCIAL PROGRAMS FOR THE PEOPLE OF THE STATE OF CHUUK, AND FOR OTHER PURPOSES.”
-No. 20-305 – (Dated 08/31/18 & received 09/03/18) – Designating Congressional Act No. 20-112 as Public Law No. 20-115: “TO FURTHER AMEND PUBLIC LAW NO. 18-11, AS AMENDED BY PUBLIC LAWS NOS. 18-44, 18-81, 19-33, 19-106, 19-128, 19-134, 19-138, 20-11, 20-49, 20-55 AND 20-62 BY AMENDING SECTION 2 THEREOF, TO CHANGE THE LAPSE DATE OF FUNDS PREVIOUSLY APPROPRIATED THEREIN TO ASSIST THE STATES OF POHNPEI AND YAP IN RETIRING DEBT AND COVERING BUDGET SHORTFALLS, AND FOR OTHER PURPOSES.”
-No. 20-306 – (Dated 08/31/18 & received 09/03/18) – Designating Congressional Act No. 20-114 as Public Law No. 20-116: “TO FURTHER AMEND PUBLIC LAW NO. 19-10, AS AMENDED BY PUBLIC LAWS NOS. 19-26, 19-42, 19-51, 19-56, 19-72, 19-78, 19-96, 19-132, 19-163, 20-03, 20-25 AND 20-58, BY AMENDING SECTION 6 THEREOF, TO CHANGE THE LAPSE DATE OF FUNDS PREVIOUSLY APPROPRIATED THEREIN, FOR THE PURPOSE OF FUNDING PUBLIC PROJECTS AND SOCIAL PROGRAMS IN EACH OF THE STATES, AND FOR OTHER PURPOSES.”
-No. 20-307 – (Dated 08/31/18 & received 09/03/18) – Designating Congressional Act No. 20-113 as Public Law No. 20-117: “ TO FURTHER AMEND PUBLIC LAW NO. 18- 117, AS AMENDED BY PUBLIC LAWS NOS. 18-120, 19-04, 19-08, 19-35, 19-49, 19-59, 19-76, 19-102 AND 20-26 BY AMENDING SECTION 6 THEREOF, TO CHANGE THE LAPSE DATE OF FUNDS PREVIOUSLY APPROPRIATED THEREIN, FOR THE PURPOSE OF FUNDING PUBLIC PROJECTS AND SOCIAL PROGRAMS FOR THE PEOPLE OF THE STATES OF YAP, KOSRAE, POHNPEI AND CHUUK, AND FOR OTHER PURPOSES.”
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Presidential Communications (continued p. 5) 20FSMC 5RS September/October 2018 -No. 20-308 – (Dated 08/31/18 & received 09/03/18) – Designating Congressional Act No. 20-115 as Public Law No. 20-118: “TO AMEND PUBLIC LAW NO. 19-152, AS AMENDED BY PUBLIC LAWS NOS. 19-162, 20-08 AND 20-27, BY AMENDING SECTION 6 THEREOF, TO CHANGE THE LAPSE DATE OF FUNDS PREVIOUSLY APPROPRIATED THEREIN, FOR THE PURPOSE OF FUNDING PUBLIC PROJECTS AND SOCIAL PROGRAMS FOR THE PEOPLE OF YAP, KOSRAE, POHNPEI AND CHUUK, AND FOR OTHER PURPOSES.”
-No. 20-309 – (Dated 08/31/18 & received 09/03/18) – Designating Congressional Act No. 20-117 as Public Law No. 20-119: “TO FURTHER AMEND PUBLIC LAW NO. 19-64, AS AMENDED BY PUBLIC LAWS 19-81, 19-97, 19-120, 19-137, 20-29 AND 20-86, BY AMENDING SECTIONS 1 AND 2 THEREOF, TO CHANGE THE USE AND ALLOTTEE OF FUNDS PREVIOUSLY APPROPRIATED THEREIN, FOR THE PURPOSE OF FUNDING PUBLIC PROJECTS AND SOCIAL PROGRAMS IN THE STATE OF POHNPEI, AND FOR OTHER PURPOSES.”
-No. 20-310 – (Dated 08/31/18 & received 09/03/18) – Designating Congressional Act No. 20-118 into Public Law No. 20-120: “TO AMEND PUBLIC LAW NO. 20-93, BY AMENDING SECTIONS 1 AND 2 THEREOF, TO CHANGE THE USE OF AND ALLOTTEE OF FUNDS PREVIOUSLY APPROPRIATED THEREIN, TO FUND PRIORITY INFRASTRUCTURE PROJECTS AND OTHER PUBLIC PROJECTS AND SOCIAL PROGRAMS IN THE STATE OF KOSRAE, AND FOR OTHER PURPOSES.”
-No. 20-311 – (Dated 09/12/18 & received 09/13/18) – Transmitting a bill that clarifies the authority of the Secretary of Education under Title 40 of the FSM Code.
-No. 20-312 – (Dated 09/12/18 & received 09/13/18) – Transmitting a bill to appropriate $21,198 as a supplemental budget in order to be able to amicably resolve three pending court cases against the FSM National Government.
-No. 20-313 – (Dated 09/12/18 & received 09/14/18) – Transmitting a communique, which was the outcome of the 49th PIF on September 06, 2018 in Nauru.
-No. 20-314 – (Dated 09/17/18 & received 09/18/18) – Transmitting for review and action a proposed resolution approving and accepting a grant assistance by the U.S. Department of Health & Human Services, Centers for Disease Control and Prevention in the amount of $693,970 to fund and support the FSM Public Health and Healthcare Emergency Preparedness Project managed by the FSM Department of Health & Social Affairs.
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Presidential Communications (continued p. 6) 20FSMC 5RS September/October 2018 -No. 20-315 – (Dated 09/17/18 & received 09/18/18) – Transmitting a Resolution approving a grant from the United States Health Resources and Services Administration, in the amount of $128,625 to fund the Maternal and Child Health Services in the FSM.
-No. 20-316 – (Dated 09/17/18 & received 09/18/18) – Transmitting a Resolution approving a grant from the United States Health Resources and Services Administration in the amount of $147,000 to fund the Maternal and Child Health Services in the FSM.
-No. 20-317 – (Dated & received 09/18/18) – Transmitting the FY 2018 supplemental budget in the total amount of $4,470,000.
-No. 20-318 – (Dated 09/17/18 & received 09/18/18) – Transmitting a resolution expressing Congress’ support of FSM’s formal application to become a member of the Western Interstate Commission for Higher Education (WICHE).
-No. 20-319 – (Dated 09/17/18 & received 09/19/18) – Transmitting a resolution approving a grant from the United Nations Development Program (UNDP) in the amount of $290,386 to fund the Global Fund Project for HIV/TB in the FSM.
-No. 20-320 – (Dated 09/17/18 & received 09/19/18) – Transmitting a Resolution approving a grant from the United States Health Resources and Services Administration, in the amount of $168,875 to fund the Newborn Hearing Screening and Intervention in the FSM.
-No. 20-321 – (Dated 09/18/18 & received 09/21/18) – Transmitting a resolution approving and accepting a grant assistance in the amount of $666,397 from the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA) for budget period from October 01, 2018 to September 30, 2019.
-No. 20-322 – (Dated 09/20/18 & received 09/21/18) – Transmitting a resolution approving a grant from the United States Department of Health Services, Centers for Disease Control and Prevention in the total amount of $1,437,107 to fund the implementation of a new grant, FSM Crisis Response Project through the FSM Public Health and Healthcare Emergency Preparedness Program.
-No. 20-323 – (Dated & received 09/21/18) – Designating Congressional Act No. 20-122, as Public Law No. 20-121: “TO APPROPRIATE THE SUM OF $200,000 FROM THE GENERAL FUND OF THE FEDERATED STATES OF MICRONESIA FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2018, FOR THE PURPOSE OF FUNDING RELIEF EFFORTS IN GUAMAND THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS DUE TO DAMAGES CAUSED BY TYPHOON MANGKHUT, AND FOR OTHER PURPOSES,”
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Presidential Communications (continued p. 7) 20FSMC 5RS September/October 2018 -No. 20-324 – (Dated & received 09/21/18) – Designating Congressional Act No. 20-120, as Public Law No. 20-122: “TO AMEND SECTIONS 1, 3, 8 AND 9 OF PUBLIC LAW NO. 20-42, AS AMENDED BY PUBLIC LAWS NOS. 20-54, 20-64, 20-67, 20-83, 20-94 AN 20-103, , IN ORDER TO APPROPRIATE $73,140,000 OF ADDITIONAL FUNDS FROM THE GENERAL FUNDS OF THE FEDERATED STATES OF MICRONESIA FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2018, TO PROVIDE FUNDING FOR THE OPERATIONS OF THE NATIONAL GOVERNMENT OF THE FEDERATED STATES OF MICRONESIA, VARIOUS GRANTS, SUBSIDIES AND CONTRIBUTIONS AND CAPITAL AND HUMAN RESOURCES DEVELOPMENT, INCLUDING ADDITIONAL FUNDING FOR THE FSM TRUST FUND, AND FOR OTHER PURPOSES.”
-No. 20-325 – (Dated 09/22/18 & received 09/24/18) – Designating Congressional Act No. 20-119, as Public Law No. 20-123: “TO FURTHER AMEND PUBLIC LAW NO. 19-121, AS AMENDED BY PUBLIC LAWS NOS. 19-130, 19-142, 20-09, 20-22, 20-51, 20- 59 AND 20-70, BY AMENDING SECTION 6 THEREOF, TO CHANGE THE LAPSE DATE OF FUNDS PREVIOUSLT APPROPRIATED THEREIN, FOR THE PURPOSE OF FUNDING PUBLIC PROJECTS AND SOCIAL PROGRAMS FOR THE PEOPLE OF THE STATES OF YAP, KOSRAE, POHNPEI AND CHUUK, AND FOR OTHER PURPOSES.”
-No. 20-326 – (Dated 09/22/18 & received 09/24/18) – Designating Congressional Act No. 20-121, as Public Law No. 20-124: “TO AMEND PUBLIC LAW NO. 20-92, BY AMENDING SECTION 6 THEREOF, FOR THE PURPOSE OF CHANGING THE ALLOTTEE OF FUNDS PREVIOUSLY APPROPRIATED THEREIN, TO FUND PUBLIC PROJECTS AND SOCIAL PROGRAMS FOR THE PEOPLE OF YAP STATE, AND FOR OTHER PURPOSES.”
-No. 20-327 – (Dated 09/22/18 & received 09/24/18) – Designating Congressional Act No. 20-129, as Public Law No. 20-125: “TO APPROPRIATE THE SUM OF $7,000,000 FROM THE GENERAL FUND OF THE FEDERATED STATES OF MICRONESIA FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2018, FOR THE PURPOSE OF FUNDING PUBLIC PROJECTS AND SOCIAL PROGRAMS FOR THE PEOPLE OF YAP, KOSRAE, POHNPEI AND CHUUK STATES, AND FOR OTHER PURPOSES.”
-No. 20-328 – (Dated 09/22/18 & received 09/24/18) – Designating Congressional Act No. 20-125, as Public Law No. 20-126: TO FURTHER AMEND PUBLIC LAW NO. 17-59, AS AMENDED BY PUBLIC LAWS NOS, 17-63, 17-66, 17-70, 17-77, 17-86, 18-21, 18-29, 18-64, 18-83, 19-18 AND 19-113, BY AMENDING SECTION 6 THEREOF, FOR THE PURPOSE OF CHANGING THE LAPSE DATE OF CERTAIN FUNDS PREVIOUSLY APPROPRIATED THEREIN, AND FOR OTHER PURPOSES.”
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Presidential Communications (continued p. 7) 20FSMC 5RS September/October 2018 -No. 20-329 – (Dated 09/22/18 & received 09/24/18) – Designating Congressional Act No. 20-123, as Public Law No. 20-127: “TO FURTHER AMEND PUBLIC LAW NO. 19-54, AS AMENDED BY PUBLIC LAWS NOS. 19-62, 19-75, 19-79, 19-99, 19-119 AND 20-04, BY AMENDING SECTION 6 THEREOF, TO CHANGE THE LAPSE DATE OF FUNDS PREVIOUSLY APPROPRIATED THEREIN, AND FOR OTHER PURPOSES.”
-No. 20-330 – (Dated 09/22/18 & received 09/24/18) – Designating Congressional Act No. 20-124, as Public Law No. 20-128: “TO FURTHER AMEND PUBLIC LAW NO. 19-60, AS AMENDED BY PUBLIC LAWS NOS. 19-71, 19-80, 19-103, 19-148, 19-165 AND 20-30, BY AMENDING SECTION 6 THEREOF, TO CHANGE THE LAPSE DATE OF CERTAIN FUNDS PREVIOUSLY APPROPRIATED THEREIN TO FUND ESSENTIAL GOVERNMENT FUNCTIONS, PROGRAMS, PROJECTS AND ACTIVITIES IN EACH OF THE STATES, AND FOR OTHER PURPOSES.”
-No. 20-331 – (Dated 09/25/18 & received 09/26/18) – Transmitting for action a proposed resolution approving a grant assistance made available by the U.S. Department of Health and Human Services, Public Health Service in the amount of $240,000 to fund and support the FSM Family Planning Program and its related activities managed by the FSM Dept. of Health & Social Affairs.
-No. 20-332 – (Dated 09/25/18 & received 09/27/18) – Notifying of the notice awards, which are awarded quarterly with intention to fund and support the FSM Department of Health and Social Affairs, Behavioural Health and Wellness Program for project period from October 01, 2018 to September 30, 2019.
-No. 20-333 – (Dated 09/25/18 & received 09/27/18) – Transmitting a Resolution of ¥200,000,000, foreign financial assistance, from the Government of Japan to the Government of the Federated States of Micronesia for purposes of contributing to the implementation of the Economic and Social Development Programs in the FSM.
-No. 20-334 - (Dated 09/25/18 & received 09/27/18) – Designating Congressional Act No. 20-126, as Public Law No. 20-129: “TO FURTHER AMEND SECTION 12 OF PUBLIC LAW 19-118, AS AMENDED BY PUBLIC LAWS NOS. 19-125, 19-135, 20-01, 20- 14, 20-23, 20-40, 20-46 AND 20-74, TO CHANGE THE ALLOTTEE FOR A CERTAIN LINE ITEM FOR CHUUK STATE, AND FOR OTHER PURPOSES.”
-No. 20-335 – (Dated 09/27/18 & received 09/28/18) – Nominating Dr. Elizabeth Iehsi Keller to serve as a member of the FSM MiCare Board representing the State of Pohnpei.
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Presidential Communications (continued p. 8) 20FSMC 5RS September/October 2018
-No. 20-336 – (Dated 09/27/18 & received 09/28/18) – Designating Congressional Act No. 20-101, as Public Law No. 20-130: “TO FURTHER AMEND TITLE 55 OF THE CODE OF THE FEDERATED STATES OF MICRONESIA (ANNOTATED), AS AMENDED, BY ADDING A NEW SECTION 1222 FOR THE PURPOSE OF REQUIRING TWENTY PERCENT (20%) OF ALL NATIONAL GOVERNMENT FISHING FEES COLLECTED IN A FISCAL YEAR TO BE DEPOSITED INTO THE FSM TRUST FUND, AND TO ADD A NEW SECTION 324 OF TITLE 54 OF THE CODE OF THE FEDERATED STATES OF MICRONESIA (ANNOTATED), AS AMENDED, FOR THE PURPOSE OF REQUIRING FIFTY PERCENT (50%) OF THE TAX ON ALL PREMIUMS COLLECTED FROM CAPTIVE INSURANCE COMPANIES IN A FISCAL YEAR TO BE DEPOSITED INTO THE FSM TRUST FUND, AND FOR OTHER PURPOSES.”
-No. 20-337 - (Dated 09/27/18 & received 09/28/18) – Designating Congressional Act No. 20-130, as Public Law No. 20-131: “FY 2019 BUDGET FOR THE NATIONAL GOVERNMENT.”
-No. 20-338 – (Dated 09/27/18 & received 09/28/18) – Designating Congressional Act No. 20-128, as Public Law No. 20-132: “TO FURTHER AMEND PUBLIC LAW NO. 20-53, AS AMENDED BY PUBLIC LAWS NOS. 20-57, 20-61, 20-69, 20-91 AND 20-96, BY AMENDING SECTIONS 3 AND 5 THEREOF, TO CHANGE THE USE AND ALLOTTEE OF FUNDS PREVIOUSLY APPROPRIATED THEREIN, FOR THE PURPOSE OF FUNDING PRIORITY INFRASTRUCTURE PROJECTS AND OTHER PROJECTS AND PROGRAMS IN THE STATE OF POHNPEI, AND FOR OTHER PURPOSES.
-No. 20-339 – (Dated 09/27/18 and received 09/28/18) – Designating Congressional Act No. 20- 127, as Public Law No. 20-133: “TO AMEND PUBLIC LAW NO. 20-93, AS AMENDED BY PUBLIC LAWS NOS. 20-93 AND 20-120, BY AMENDING SECTION 1 THEREOF, TO CHANGE THE USE OF FUNDS PREVIOUSLY APPROPRIATED THEREIN, TO FUND PRIORITY INFRASTRUCTURE PROJECTS AND OTHER PUBLIC PROJECTS AND SOCIAL PROGRAMS IN THE STATE OF KOSRAE, AND FOR OTHER PURPOSES.”
-No. 20-340 – (Dated 09/25/18 & received 09/28/18) – Re-nominating Mr. Grilly Jack to serve on the NORMA Board of Directors, representing the National Government.
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20th CONGRESS of the Federated States of Micronesia
FIFTH REGULAR SESSION
FSM Supreme Court Communications
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FSM SUPREME COURT COMMUNICATIONS
NONE
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20th CONGRESS of the Federated States of Micronesia
FIFTH REGULAR SESSION
Member Communications
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Member Communications
-No. 20-35 – (Dated 08/16/18 received 09/12/18) – From the Hon. Wesley W. Simina, Speaker, 20th FSM Congress, submitting a trip report on Indonesia-Pacific Parliamentary Partnership, which took place in Jakarta, Indonesia on July 23-24, 2018.
-No. 20-36 – (Dated & received 09/17/18) – From the Hon. Robson U. Romolow, head of the FSM Delegation, which consisted of Vice Chairman Dion G. Neth and staff attorney Catherine Allen, submitting a trip report on the WHO 4th Asia Pacific Parliamentarians Forum on Global Health in Manila, 23-24 August 2018.
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20th CONGRESS of the Federated States of Micronesia
FIFTH REGULAR SESSION
Departmental Communications
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DEPARTMENTAL COMMUNICATIONS
-No. 20-67 – (Dated 08/21/18 & received 08/22/18) – From Mrs. Magdalehna A. Walter, Secretary, Department of Health & Social Affairs, inviting Mr. Suda Rayel, to sit in a budget meeting on SAPT & SPF-PFS proposals, in Pohnpei on 17-21 September 2018.
-No. 20-68 – (Dated 08/22/18 & received 08/24/18) – From Deputy Secretary of the Department of Foreign Affairs, Mr. Samson E. Pretrick, forwarding a Diplomatic Note. No. EJFSM/085/18 from the Embassy of Japan in the FSM with a copy of letter to Hon. Speaker Simina from Hon. Tadamori Oshima, Speaker of the House of Representatives.
-No. 20-69 – (Dated & received 08/30/18) – From the Mrs. Sihna N. Lawrence, Secretary, Department of Finance & Administration, submitting the updated FY 2018 Revenue Projection and domestic revenue balance.
-NO. 20-70 – (Dated 09/17/18 & received 09/18/18) – From the Hon. Lorin S. Robert, Secretary, FSM Department of Foreign Affairs, sharing a communication from the US Embassy advising of an upcoming visit to the FSM by the Hon. Thomas B. Modly, United States Under Secretary of the Navy, slated for September 26-27, 2018 and attaching the CV for Mr. Modly.
-No. 20-71 – (Dated 09/17/18 & received 09/18/18) – From the Hon. Lorin S. Robert, Secretary, FSM Department of Foreign Affairs, forwarding a letter from H.E. President Tommy E. Remengsau, Jr. of Palau, inviting Speaker to Palau’s 24th Independence Day Celebrations, which is scheduled to be held on Oct. 01, 2018.
-NO. 20-72 – (Dated 09/19/18 & received 09/18/18) – From Mr. Dwight Edwards, Personnel Administrator, submitting the proposed Public Service Regulation amendment as required by the Title 17 of the FSM Code for review and comments.
-No. 20-73 – (Dated 09/25/18 & received 09/26/18) – From the Acting Secretary of the Dept. of Foreign Affairs, Mr. Samson E. Pretrick, further to Dept. Comm. No. 20-70 another communication from the U.S. Embassy informing that Mr. Modly’s visit has changed from September 26-27 to September 28-29; and extending an invitation to breakfast on Saturday, September 29, 2018 from 9- to 10:30 a.m. at the U.S. residence in Nahnpohnmal.
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20th CONGRESS of the Federated States of Micronesia
FIFTH REGULAR SESSION
Agency and Governmental
Authority Communications
-395-
AGENCY AND GOVERNMENTAL AUTHORITY COMMUNICATIONS
-No. 20-51 – (Dated 08/08/18 & received 08/09/18) – From Mr. Eugene Pangelinan, Executive Director, NORMA, expressing support on C.B. No. 20-202 – establishment of the Competent Authority and control of seafood for export to the European Union.
-No. 20-52 – (Dated 08/15/18 & received 08/16/18) – From Dr. Joseph M. Daisy, President/CEO, COM-FSM, on behalf of the Board of Regents he is providing a copy of the College’s Financial Statements and Independent Auditor’s report, years ended September 30, 2017 and 2016; Independent Auditor’s reports on Internal Control on compliance, Year ended September 30, 2017.
-No. 20-53 – (Dated 08/15/18 & received 08/17/18) – From Mr. Jesse Giltamag, Banking Commissioner, submitting consolidated statement of assets and liabilities of the FSM commercial Banking System for the quarter ended 31 March 2018.
-No. 20-54 – (Dated 09/05/18 & received 09/06/18) – From Mr. Kasio E. Mida, Senior Headquarters Executive, MRA, Inc., writing regarding 2 seminars organized by the MRA and the FSM Captive Insurance Council to be held in Tokyo on November 02, 2018.
-No. 20-55 – (Dated & received 09/14/18) – From Ms. Anna Mendiola, President/CEO, FSM Development Bank, submitting a request for capital funding for the FSM Development Bank Business Development Loan Fund. . . .
-No. 20-56 – (Dated 09/26/18 & received 09/28/18) – From Mr Eugene Pangelinan, Executive Director, NORMA, informing Congress that the Authority is scheduled to hold its bilateral fisheries consultations with Korea and Taiwan in Guam from October 18-23, 2018.
-No. 20-57 – (Dated & received 09/27/18) - From Mr Eugene Pangelinan, Executive Director, NORMA, information members of Congress that the fifteenth annual session of the Western and Central Pacific Fisheries Commission will be held in Honolulu from December 10-14, 2018, at the Hawaii Convention Center.
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20th CONGRESS of the Federated States of Micronesia
FIFTH REGULAR SESSION
State Communications
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STATE COMMUNICATIONS
-No. 20-25 – (Dated 08/06/18 & received 08/24/18) – From Florence P. Stanley, Chief Clerk, 14th Chuuk State Legislature, transmitting a copy of a certified Resolution, adopted on July 27, 2018: “To request the Secretary of Foreign Affairs of the FSM to convey the Chuuk State Legislature appreciation to the UN Secretary General and the Administrator of the United Nations Development Programme in New York for the visit and assurance for the continuing partnership made by UN Assistant Secretary General and UNDP Assistant Administrator Mr. Haoliang Xu and Country Director and Head of Pacific Regional Policy & Programme Mr. Bakhodir Burkanov.”
-No. 20-26 – (Dated 08/16/18 & received 08/30/18) – From Mr. Marius J. Akapito, Lt. Governor, State of Chuuk Government, submitting a proposed Joint Budget request for inclusion with any supplemental request by the state of Chuuk to Congress.
- No. 20-27- (Dated 09/27/18 & received 10/1/18)- From Mr. Eliseus Akapito, PIC Secretariat, transmitting Chuuk IPC Resolution No. 04-2018, which was adopted by the Chuuk State IPIC on September 26, 2018 and approved by Governor Elimo, [For the subject matter see the copy of the Resolution, in the package this morning.]
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20th CONGRESS of the Federated States of Micronesia
FIFTH REGULAR SESSION
State Supreme Court Communications
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STATE SUPREME COURT COMMUNICATIONS
NONE
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20th CONGRESS of the Federated States of Micronesia
FIFTH REGULAR SESSION
Municipal or Town Communications
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MUNICIPAL OR TOWN COMMUNICATIONS
-No. 20-07 - (Dated 07/20/18 & received 08/14/18) – From Mr. Jose San Nicolas, Mayor, Kolonia Town, transmitting a Resolution requesting oversight for power generation and distribution in Pohnpei.
-No. 20-08 – (Dated 07/20/18 & received 08/14/18) - From Mr. Jose San Nicolas, Mayor, Kolonia Town, transmitting another Resolution from the local Chiefs Executives, requesting the re- establishment of the Outer Island Field trip public services.
-No. 20-09 – (Dated 08/28/18 and received 08/29/18) – From Mr. Vitus H. Susaia, Director of Administration, Kolonia Town Government, inviting Speaker to a dinner that Mayor of Kolonia was hosting in honor of the 8th National Women’s Conference.
-No. 20-10 – (Dated 09/12/18 & received 09/13/18) - From Mr. Jack Harris, Speaker, Kolonia Town Council, inviting Speaker to participate in the Pohnpei Municipal Council Association Summit on September 29, 2018 at 10:00 a.m. of the economic aspect of the Compact of Free Association in a panel discussion.
-NO. 20-11 – (Dated 09/15/18 & received 09/18/18) – From Mr. Jose San Nicolas, Mayor, Kolonia Town Government, extending greetings and respectfully requesting Speaker to grant administrative leave to all FSM Congress employees who are legal residents of Kolonia to be able to join the ceremonial activities scheduled for the 34th anniversary of the Kolonia Town Constitution Day.
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20th CONGRESS of the Federated States of Micronesia
FIFTH REGULAR SESSION
Foreign Government
Communications
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FOREIGN GOVERNMENT COMMUNICATIONS
-No. 20-54 – (Dated 08/20/18 & received 08/22/18) – From Hon. Gabriela CUEVAS BARRON, President, IPU, and Mr. MartinChungong, Secretary General, IPU, extending an invitation to SpeakeR to brainstorm and further explore modalities to enhance cooperation of the parliaments and parliamentary organizations.
-No. 20-55 – (Dated 08/22/18 & received 08/22/18) – From the Honorable Sabino Anastacio, Speaker, House of Delegates, Tenth Olbiil Era Kelulau, requesting that his Chief Clerk and another staff visit Congress during its session and observe, share ideas and learn.
-No. 20-56 – (Dated 07/27/18 & received 09/07/18) – From Hon. Gabriela CUEVAS BARRON, President, IPU, regarding an IPU’s new research project on the SDGs and to complete the questionnaire.
-No. 20-57 – (Dated 08/10/18 & received 09/07/18) - From Delsa Solorzano, Chief of the Venezuela delegation to the IPU; and Eudoro Gonzales, Chief of Mercosur concerning the arbitrary detention and illegal removal of certain members of Parliament…
-No. 20-58 – (Dated 08/13/18 & received 09/07/18) – From Mr.Martin Chungong, Secretary General, IPU requesting support in finalizing the new version of IPU’s flagship database on national parliaments.
-No. 20-59 – (Dated 08/27/18 & received 09/07/18) - Mr. MartinChungong, Secretary General, IPU, referring to a recent invitation to a series of events and activities for parliamentarians in the context of the 2018 World Investment Forum to be held in Geneva, 22-24 October 2018, and activities attached thereto.
-No. 20-60 – (Dated 09/06/18 & received 09/17/18) – From Hon. Yang Zhenwu, Secretary General of the Standing Committee, National People’s Congress of China, submitting the Curriculum Vitae of Mr. Chen Guomin, Chinese candidate for the membership of the IPU Executive Committee.
-No. 20-61 – (Dated 09/04/18 & received 09/19/18) – From the Hon. Sabino Anastacio, Speaker, House of Delegates, Tenth Olbiil Era Kelulau (OEK), informing about two of his staff shadowing and observing administrative and legislative work at Congress for a week.
-No. 20-62 – (Dated 08/24/18 & received 09/19/18) – From the Permanent Mission of the Islamic Republic of Pakistan accredited to the United nations and other organizations in Geneva presenting complements and enclose letter from the Hon. Chairman Senate of Pakistan, Muhammad Sadiq Sanjrani, requesting to support the candidature of Senator Farooq H. Naek as Member of the IPU Standing Committee on United Nations Affair during the forthcoming election that are scheduled to be held during the 139 IPU Assembly in Geneva, 14-18 October 2018.
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20th CONGRESS of the Federated States of Micronesia
FIFTH REGULAR SESSION
Miscellaneous Communications
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MISCELLANEOUS COMMUNICATIONS
-No. 20-26 – (Dated & received 08/16/18) – From Ms. Elise A. Palsis, legal secretary, FSM Congress, submitting a trip report on her attendance at the APIPA 2018 in Palau.
-No. 20-27 – (Dated & received 08/22/18) – From Mrs. Consuelo Esiel, Ms. Moria Rufes and Mrs. Angie Z. Kaster, submitting a combined trip report on their attendance/participation at the FSM Annual Finance and Budget conference in Weno, Chuuk.
-No. 20-28 – (Dated 08/21/18 and received 08/22/18) – From Ms. Jessicalynn Reyes, Assistant Chief Clerk, 20th FSM Congress, submitting a trip report on her participation on the official visit by the Hon. Speaker Simina and his delegation to Vietnam, 05-15 June 2018.
-No. 20-29 – (Dated and received 08/13/18) – From Mrs. Maurina W. Christian, first lady, requesting that Congress consider setting aside $200,000 each year for the next four or five years for all women activities in Micronesia, including participation in regional and global activities to support showcasing our FSM efforts in promoting women’s participation in, and contribution to, the Nation’s strive toward sustainable economic achievement.
-No. 20-30 – (Dated 09/05/18 & received 09/07/18) – From Mrs. Rose Donre, submitting a trip report, which provides a summary of her participation at “the Guam Professional Development Conference”, which took place in Guam, 29-31 August 2018.
-No. 20-31 – (Dated and received 09/17/18) – From FSM Congress staff attorney Alik K. Jackson, submitting a summary of the outcome of the bilateral consultations between the National Oceanic Resource Management Authority (NORMA) and several domestic fishing companies in Guam on August 30 to September 04, 2018.
-No. 20-32 – (Dated & received 09/25/18) – From Mr. Manuel G. Yoma and Mr. Alfred Ansin, submitting a trip report on the course “Corporate Management of Parliaments” offered by McGill University from Canada, in Suva, Fiji, 3-14 September 2018.
-No. 20-33 – (Dated & received 09/25/18) – From Liwiana Ramon Ioanis, Chief Clerk, 20th FSM Congress, submitting brief summaries and reports on the activities on August 27-31, 2018 (8th NWC), August 29, 2018 (Presentation to Congress on Temporary Special Measures (TSM), September 13, 2018 (Launching of the SLIP project and the Workshop on Committees functions and discussions between members of Congress, Dr. Robert A. Underwood, staff of Hawaii State Senate and Congress staff, and UNDP representative.)
-No. 20-34 – (Dated, and received 09/28/18) – From Mr. Paul Hadik, CEO, PREL, requesting for a time for a courtesy call.
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20th CONGRESS of the Federated States of Micronesia
FIFTH REGULAR SESSION
Presidential
Veto
-407-
Presidential Veto
NONE
-408-
20th CONGRESS of the Federated States of Micronesia
FIFTH REGULAR SESSION
FSM CONSTITUTION
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THE CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA
PREAMBLE
WE, THE PEOPLE OF MICRONESIA, exercising our inherent sovereignty, do hereby establish this Constitution of the Federated States of Micronesia.
With this Constitution, we affirm our common wish to live together in peace and harmony, to preserve the heritage of the past, and to protect the promise of the future.
To make one nation of many islands, we respect the diversity of our cultures. Our differences enrich us. The seas bring us together, they do not separate us. Our islands sustain us, our island nation enlarges us and makes us stronger.
Our ancestors, who made their homes on these islands, displaced no other people. We, who remain, wish no other home than this. Having known war, we hope for peace. Having been divided, we wish unity. Having been ruled, we seek freedom.
Micronesia began in the days when man explored seas in rafts and canoes. The Micronesian nation is born in an age when men voyage among stars; our world itself is an island. We extend to all nations what we seek from each: peace, friendship, cooperation, and love in our common humanity. With this Constitution we, who have been the wards of other nations, become the proud guardian of our own islands, now and forever.
ARTICLE I Territory of Micronesia Section 1. The territory of the Federated States of Micronesia is comprised of the Districts of the Micronesian archipelago that ratify this Constitution. Unless limited by international treaty obligations assumed by the Federated States of Micronesia, or by its own act, the waters connecting the islands of the archipelago are internal waters regardless of dimensions, and jurisdiction extends to a marine space of 200 miles measured outward from appropriate baselines, the seabed, subsoil, water column, insular or continental shelves, airspace over land and water, and any other territory or waters belonging to Micronesia by historic right, custom, or legal title.
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CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA
Section 2. Each state is comprised of the islands of each District as defined by laws in effect immediately prior to the effective date of this Constitution. A marine boundary between adjacent states is determined by law, applying the principle of equidistance. State boundaries may be changed by Congress with the consent of the state legislatures involved.
Section 3. Territory may be added to the Federated States of Micronesia upon approval of Congress, and by vote of the inhabitants of the area, if any, and by vote of the people of the Federated States of Micronesia. If the territory is to become part of an existing state, approval of the state legislature is required.
Section 4. New states may be formed and admitted by law, subject to the same rights, duties, and obligations as provided for in this Constitution.
ARTICLE II Supremacy
Section 1. This Constitution is the expression of the sovereignty of the people and is the supreme law of the Federated States of Micronesia. An act of the Government in conflict with this Constitution is invalid to the extent of conflict.
ARTICLE III Citizenship
Section 1. A person who is a citizen of the Trust Territory immediately prior to the effective date of this Constitution and a domiciliary of a District ratifying this Constitution is a citizen and national of the Federated States of Micronesia.
Section 2. A person born of parents one or both of whom are citizens of the Federated States of Micronesia is a citizen and national of the Federated States by birth.
Section 3. A citizen of the Federated States of Micronesia who is recognized as a citizen of another nation shall, within 3 years of his 18th birthday, or within 3 years of the effective date of this Constitution, whichever is later, register his intent to remain a citizen of the Federated States and renounce his citizenship of another nation. If he fails to comply with this Section, he becomes a national of the Federated States of Micronesia.
Section 4. A citizen of the Trust Territory who becomes a national of the United States of America under the terms of the Covenant to Establish a Commonwealth of the Northern Mariana Islands may become a citizen and national of the Federated States of Micronesia by applying to a court of competent jurisdiction in the Federated States within 6 months of the date he became a United States national.
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CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA
Section 5. A domiciliary of a District not ratifying this Constitution who was a citizen of the Trust Territory immediately prior to the effective date of this Constitution, may become a citizen and national of the Federated States of Micronesia by applying to a court of competent jurisdiction in the Federated States within 6 months after the effective date of this Constitution or within 6 months after his 18th birthday, whichever is later.
Section 6. This Article may be applied retroactively.
ARTICLE IV Declaration of Rights
Section 1. No law may deny or impair freedom of expression, peaceable assembly, association, or petition.
Section 2. No law may be passed respecting an establishment of religion or impairing the free exercise of religion, except that assistance may be provided to parochial schools for non-religious purposes.
Section 3. A person may not be deprived of life, liberty, or property without due process of law, or be denied the equal protection of the laws.
Section 4. Equal protection of the laws may not be denied or impaired on account of sex, race, ancestry, national origin, language, or social status.
Section 5. The right of the people to be secure in their persons, houses, papers, and other possessions against unreasonable search, seizure, or invasion of privacy may not be violated. A warrant may not issue except on probable cause, supported by affidavit particularly describing the place to be searched and the persons or things to be seized.
Section 6. The defendant in a criminal case has a right to a speedy public trial, to be informed of the nature of the accusation, to have counsel for his defense, to be confronted with the witnesses against him, and to compel attendance of witnesses in his behalf.
Section 7. A person may not be compelled to give evidence that may be used against him in a criminal case, or be twice put in jeopardy for the same offense.
Section 8. Excessive bail may not be required, excessive fines imposed, or cruel and unusual punishments inflicted. The writ of habeas corpus may not be suspended unless required for public safety in cases of rebellion or invasion.
Section 9. Capital punishment is prohibited.
Section 10. Slavery and involuntary servitude are prohibited except to punish crime.
Section 11. A bill of attainder or ex post facto law may not be passed.
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CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA
Section 12. A citizen of the Federated States of Micronesia may travel and migrate within the Federated States.
Section 13. Imprisonment for debt is prohibited.
ARTICLE V Traditional Rights
Section 1. Nothing in this Constitution takes away a role or function of a traditional leader as recognized by custom and tradition, or prevents a traditional leader from being recognized, honored, and given formal or functional roles at any level of government as may be prescribed by this Constitution or by statute.
Section 2. The traditions of the people of the Federated States of Micronesia may be protected by statute. If challenged as violative of Article IV, protection of Micronesian tradition shall be considered a compelling social purpose warranting such governmental action.
Section 3. The Congress may establish, when needed, a Chamber of Chiefs consisting of traditional leaders from each state having such leaders, and of elected representatives from states having no traditional leaders. The constitution of a state having traditional leaders may provide for an active, functional role for them.
ARTICLE VI Suffrage
Section 1. A citizen 18 years of age may vote in national elections. The Congress shall prescribe a minimum period of local residence and provide for voter registration, disqualification for conviction of crime, and disqualification for mental incompetence or insanity. Voting shall be secret.
ARTICLE VII Levels of Government
Section 1. The three levels of government in the Federated States of Micronesia are national, state, and local. A state is not required to establish a new local government where none exists on the effective date of this Constitution.
Section 2. A state shall have a democratic constitution.
ARTICLE VIII Powers of Government
Section 1. A power expressly delegated to the national government, or a power of such an indisputably national character as to be beyond the power of a state to control, is a national power.
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CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA
Section 2. A power not expressly delegated to the national government or prohibited to the states is a state power.
Section 3. State and local governments are prohibited from imposing taxes which restrict interstate commerce. ARTICLE IX Legislative
Section 1. The legislative power of the national government is vested in the Congress of the Federated States of Micronesia.
Section 2. The following powers are expressly delegated to Congress:
(a) to provide for the national defense;
(b) to ratify treaties;
(c) to regulate immigration, emigration, naturalization, and citizenship;
(d) to impose taxes, duties, and tariffs based on imports;
(e) to impose taxes on income;
(f) to issue and regulate currency; (g) to regulate banking, foreign and interstate commerce, insurance, the issuance and use of commercial paper and securities, bankruptcy and insolvency, and patents and copyrights;
(h) to regulate navigation and shipping except within lagoons, lakes, and rivers;
(i) to establish usury limits on major loans;
(j) to provide for a national postal system;
(k) to acquire and govern new territory;
(l) to govern the area set aside as the national capital;
(m) to regulate the ownership, exploration, and exploitation of natural resources within the marine space of the Federated States of Micronesia beyond 12 miles from island baselines;
(n) to establish and regulate a national public service system;
(o) to impeach and remove the President, Vice-President, and justices of the Supreme Court;
(p) to define national crimes and prescribe penalties, having due regard for local custom and tradition;
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CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA
(q) to override a Presidential veto by not less than a ¾ vote of all the state delegations, each delegation casting one vote; and (r) to promote education and health by setting minimum standards, coordinating state activities relating to foreign assistance, providing training and assistance to the states and providing support for post-secondary educational programs and projects.
Section 3. The following powers may be exercised concurrently by Congress and the states:
(a) to appropriate public funds;
(b) to borrow money on the public credit; and
(c) to establish systems of social security and public welfare. Section 4. A treaty is ratified by vote of 2/3 of the members of Congress, except that a treaty delegating major powers of government of the Federated States of Micronesia to another government shall also require majority approval by the legislatures of 2/3 of the states.
Section 5. National taxes shall be imposed uniformly. Not less than 50% of the revenues shall be paid into the treasury of the state where collected.
Section 6. Net revenue derived from ocean floor mineral resources exploited under Section 2(m) shall be divided equally between the national government and the appropriate state government.
Section 7. The President, Vice-President, or a justice of the Supreme Court may be removed from office for treason, bribery, or conduct involving corruption in office by a 2/3 vote of the members of Congress. When the President or Vice-President is removed, the Supreme Court shall review the decision. When a justice of the Supreme Court is removed, the decision shall be reviewed by a special tribunal composed of one state court judge from each state appointed by the state chief executive. The special tribunal shall meet at the call of the President.
Section 8. The Congress consists of one member elected at large from each state on the basis of state equality, and additional members elected from congressional districts in each state apportioned by population. Members elected on the basis of state equality serve for a 4-year term, and all other members for 2 years. Each member has one vote, except on the final reading of bills. Congressional elections are held biennially as provided by statute.
Section 9. A person is ineligible to be a member of Congress unless he is at least 30 years of age on the day of election and has been a citizen of the Federated States of Micronesia for at least 15 years, and a resident of the state from which he is elected for at least 5 years. A person convicted of a felony by a state or national government court is ineligible to be a member of Congress. The Congress may modify this provision or prescribe additional qualifications; knowledge of the English language may not be a qualification.
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CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA
Section 10. At least every 10 years Congress shall reapportion itself. A state is entitled to at least one member of Congress on the basis of population in addition to the member elected at large. A state shall apportion itself by law into single member congressional districts. Each district shall be approximately equal in population after giving due regard to language, cultural, and geographic differences.
Section 11. A state may provide that one of its seats is set aside for a traditional leader who shall be chosen as provided by statute for a two-year term, in lieu of one representative elected on the basis of population. The number of congressional districts shall be reduced and reapportioned accordingly.
Section 12. A vacancy in Congress is filled for the unexpired term. In the absence of provision by law, an unexpired term is filled by special election, except that an unexpired term of less than one year is filled by appointment by the state chief executive.
Section 13. A member of Congress may not hold another public office or employment. During the term for which he is elected and three years thereafter, a member may not be elected or appointed to a public office or employment created by national statute during his term. A member may not engage in any activity which conflicts with the proper discharge of his duties. The Congress may prescribe further restrictions.
Section 14. The Congress may prescribe an annual salary and allowances for members. An increase of salary may not apply to the Congress enacting it.
Section 15. A member of Congress is privileged from arrest during his attendance at Congress and while going to and from sessions, except for treason, felony, or breach of the peace. A member answers only to Congress for his statements in Congress.
Section 16. The Congress shall meet in regular, public session as prescribed by statute. A special session may be convened at the call of the President of the Federated States of Micronesia, or by the presiding officer on the written request of 2/3 of the members.
Section 17.
(a) The Congress shall be the sole judge of the elections and qualifications of its members, may discipline a member, and, by 2/3 vote, may suspend or expel a member.
(b) The Congress may determine its own rules of procedure and choose a presiding officer from among its members.
(c) The Congress may compel the attendance and testimony of witnesses and the production of documents or other matters before Congress or any of its committees.
Section 18. A majority of the members is a quorum, but a smaller number may adjourn from day to day and compel the attendance of absent members.
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CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA
Section 19. The Congress shall keep and publish a journal of its proceedings. A roll call vote entered on the journal shall be taken at the request of 1/5 of the members present. Legislative proceedings shall be conducted in the English language. A member may use his own language if not fluent in English, and Congress shall provide translation.
Section 20. To become law, a bill must pass 2 readings on separate days. To pass first reading a 2/3 vote of all members is required. On final reading each state delegation shall cast one vote and a 2/3 vote of all the delegations is required. All votes shall be entered on the journal.
Section 21.
(a) The Congress may make no law except by statute and may enact no statute except by bill. The enacting clause of a bill is “BE IT ENACTED BY THE CONGRESS OF THE FEDERATED STATES OF MICRONESIA:” A bill may embrace but one subject expressed in its title. A provision outside the subject expressed in the title is void.
(b) A law may not be amended or revised by reference to its title only. The law as revised or section as amended shall be published and re-enacted at full length.
Section 22. A bill passed by Congress shall be presented to the President for approval. If he disapproves of the bill, he shall return it with his objections to Congress within 10 days. If Congress has 10 or less days remaining in its session, or has adjourned, he shall return the bill within 30 days after presentation. If the President does not return a bill within the appropriate period, it becomes law as if approved. ARTICLE X Executive
Section 1. The executive power of the national government is vested in the President of the Federated States of Micronesia. He is elected by Congress for a term of four years by a majority vote of all the members. He may not serve for more than 2 consecutive terms.
Section 2. The following powers are expressly delegated to the President:
(a) to faithfully execute and implement the provisions of this Constitution and all national laws;
(b) to receive all ambassadors and to conduct foreign affairs and the national defense in accordance with national law;
(c) to grant pardons and reprieves, except that the chief executive of each state shall have this power concurrently with respect to persons convicted under state law; and
(d) with the advice and consent of Congress, to appoint ambassadors; all judges of the Supreme Court and other courts prescribed by statute; the principal officers of executive departments in the national government; and such other officers as may be provided for by statute. Ambassadors and principal officers serve at the pleasure of the President.
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CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA
Section 3. The President:
(a) is head of state of the Federated States of Micronesia;
(b) may make recommendations to Congress, and shall make an annual report to Congress on the state of the nation; and
(c) shall perform such duties as may be provided by statute.
Section 4. A person is ineligible to become President unless he is a member of Congress for a 4-year term, a citizen of the Federated States of Micronesia by birth, and a resident of the Federated States of Micronesia for at least 15 years.
Section 5. After the election of the President, the Vice-President is elected in the same manner as the President, has the same qualifications, and serves for the same term of office. He may not be a resident of the same state. After the election of the President and the Vice-President, vacancies in Congress shall be declared.
Section 6. If the office of the President is vacant, or the President is unable to perform his duties, the Vice-President becomes President. The Congress shall provide by statute for the succession in the event both offices are vacant, or either or both officers are unable to discharge their duties.
Section 7. The compensation of the President or Vice-President may not be increased or reduced during his term. They may hold no other office and may receive no other compensation from the Federated States of Micronesia or from a state.
Section 8. Executive departments shall be established by statute.
Section 9. (a) If required to preserve public peace, health, or safety, at a time of extreme emergency caused by civil disturbance, natural disaster, or immediate threat of war, or insurrection, the President may declare a state of emergency and issue appropriate decrees.
(b) A civil right may be impaired only to the extent actually required for the preservation of peace, health, or safety. A declaration of emergency may not impair the power of the judiciary except that the declaration shall be free from judicial interference for 30 days after it is first issued.
(c) Within 30 days after the declaration of emergency, the Congress of the Federated States of Micronesia shall convene at the call of its presiding officer or the President to consider revocation, amendment, or extension of the declaration. Unless it expires by its own terms, is revoked, or extended, a declaration of emergency is effective for 30 days.
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ARTICLE XI Judicial
Section 1. The judicial power of the national government is vested in a Supreme Court and inferior courts established by statute.
Section 2. The Supreme Court is a court of record and the highest court in the nation. It consists of the Chief Justice and not more than 5 associate justices. Each justice is a member of both the trial division and the appellate division, except that sessions of the trial division may be held by one justice. No justice may sit with the appellate division in a case heard by him in the trial division. At least 3 justices shall hear and decide appeals. Decision is by a majority of those sitting.
Section 3. The Chief Justice and associate justices of the Supreme Court are appointed by the President with the approval of 2/3 of Congress. Justices serve during good behavior.
Section 4. If the Chief Justice is unable to perform his duties he shall appoint an associate justice to act in his stead. If the office is vacant, or the Chief Justice fails to make the appointment, the President shall appoint an associate justice to act as Chief Justice until the vacancy is filled or the Chief Justice resumes his duties.
Section 5. The qualifications and compensation of justices and other judges may be prescribed by statute. Compensation of judges may not be diminished during their terms of office unless all salaries prescribed by statute are reduced by a uniform percentage.
Section 6. (a) The trial division of the Supreme Court has original and exclusive jurisdiction in cases affecting officials of foreign governments, disputes between states, admiralty or maritime cases, and in cases in which the national government is a party except where an interest in land is at issue.
(b) The national courts, including the trial division of the Supreme Court, have concurrent original jurisdiction in cases arising under this Constitution; national law or treaties; and in disputes between a state and a citizen of another state, between citizens of different states, and between a state or a citizen thereof, and a foreign state, citizen, or subject.
(c) When jurisdiction is concurrent, the proper court may be prescribed by statute.
Section 7. The appellate division of the Supreme Court may review cases heard in the national courts, and cases heard in state or local courts if they require interpretation of this Constitution, national law, or a treaty. If a state constitution permits, the appellate division of the Supreme Court may review other cases on appeal from the highest state court in which a decision may be had.
Section 8. When a case in a state or local court involves a substantial question requiring the interpretation of the Constitution, national law, or a treaty, on application of a party or on its own
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CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA motion the court shall certify the question to the appellate division of the Supreme Court. The appellate division of the Supreme Court may decide the case or remand it for further proceedings.
Section 9. The Chief Justice is the chief administrator of the national judicial system and may appoint an administrative officer who is exempt from civil service. The Chief Justice shall make and publish and may amend rules governing national courts, and by rule may:
(a) divide the inferior national courts and the trial division of the Supreme Court into geographical or functional divisions;
(b) assign judges among the divisions of a court and give special assignments to retired Supreme Court justices and judges of state and other courts;
(c) establish rules of procedure and evidence;
(d) govern the transfer of cases between state and national courts;
(e) govern the admission to practice and discipline of attorneys and the retirement of judges; and
(f) otherwise provide for the administration of the national judiciary. Judicial rules may be amended by statute.
Section 10. The Congress shall contribute to the financial support of state judicial systems and may provide other assistance.
Section 11. Court decisions shall be consistent with this Constitution, Micronesian customs and traditions, and the social and geographical configuration of Micronesia. In rendering a decision, a court shall consult and apply sources of the Federated States of Micronesia.
ARTICLE XII Finance
Section 1. (a) Public money raised or received by the national government shall be deposited in a General Fund or special funds within the National Treasury. Money may not be withdrawn from the General Fund or special funds except by law.
(b) Foreign financial assistance received by the national government shall be deposited in a Foreign Assistance Fund. Except where a particular distribution is required by the terms or special nature of the assistance, each state shall receive a share equal to the share of the national government and to the share of every other state.
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Section 2. (a) The President shall submit an annual budget to Congress at a time prescribed by statute. The budget shall contain a complete plan of proposed expenditures, anticipated revenues, and other money available to the national government for the next fiscal year, together with additional information that Congress may require. The Congress may alter the budget in any respect.
(b) No appropriation bills, except those recommended by the President for immediate passage, or to cover the operating expenses of Congress, may be passed on final reading until the bill appropriating money for the budget has been enacted.
(c) The President may item veto an appropriation in any bill passed by Congress, and the procedure in such case shall be the same as for disapproval of an entire bill by the President.
Section 3. (a) The Public Auditor is appointed by the President with the advice and consent of Congress. He serves for a term of 4 years and until a successor is confirmed.
(b) The Public Auditor shall inspect and audit accounts in every branch, department, agency or statutory authority of the national government and in other public legal entities or nonprofit organizations receiving public funds from the national government. Additional duties may be prescribed by statute.
(c) The Public Auditor shall be independent of administrative control except that he shall report at least once a year to Congress. His salary may not be reduced during his term of office.
(d) The Congress may remove the Public Auditor from office for cause by 2/3 vote. In that event the Chief Justice shall appoint an acting Public Auditor until a successor is confirmed.
ARTICLE XIII General Provisions
Section 1. The national government of the Federated States of Micronesia recognizes the right of the people to education, health care, and legal services and shall take every step reasonable and necessary to provide these services.
Section 2. Radioactive, toxic chemical, or other harmful substances may not be tested, stored, used, or disposed of within the jurisdiction of the Federated States of Micronesia without the express approval of the national government of the Federated States of Micronesia.
Section 3. It is the solemn obligation of the national and state governments to uphold the provisions of this Constitution and to advance the principles of unity upon which this Constitution is founded.
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Section 4. A noncitizen, or a corporation not wholly owned by citizens, may not acquire title to land or waters in Micronesia.
Section 5. A lease agreement for the use of land for an indefinite term by a noncitizen, a corporation not wholly owned by citizens, or any government is prohibited.
Section 6. The national government of the Federated States of Micronesia shall seek renegotiation of any agreement for the use of land to which the Government of the United States of America is a party.
Section 7. On assuming office, all public officials shall take an oath to uphold, promote, and support the laws and the Constitution as prescribed by statute.
ARTICLE XIV Amendments
Section 1. An amendment to this Constitution may be proposed by a constitutional convention, popular initiative, or Congress in a manner provided by law. A proposed amendment shall become a part of the Constitution when approved by ¾ of the votes cast on that amendment in each of ¾ of the states. If conflicting constitutional amendments submitted to the voters at the same election are approved, the amendment receiving the highest number of affirmative votes shall prevail to the extent of such conflict.
Section 2. At least every 10 years, Congress shall submit to the voters the question: “Shall there be a convention to revise or amend the Constitution?”. If a majority of ballots cast upon the question is in the affirmative, delegates to the convention shall be chosen no later than the next regular election, unless Congress provides for the selection of delegates earlier at a special election.
ARTICLE XV Transition
Section 1. A statute of the Trust Territory continues in effect except to the extent it is inconsistent with this Constitution, or is amended or repealed. A writ, action, suit, proceeding, civil or criminal liability, prosecution, judgment, sentence, order, decree, appeal, cause of action, defense, contract, claim, demand, title, or right continues unaffected except as modified in accordance with the provisions of this Constitution.
Section 2. A right, obligation, liability, or contract of the Government of the Trust Territory is assumed by the Federated States of Micronesia except to the extent it directly affects or benefits a government of a District not ratifying this Constitution.
Section 3. An interest in property held by the Government of the Trust Territory is transferred to the Federated States of Micronesia for retention or distribution in accordance with this Constitution.
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Section 4. A local government and its agencies may continue to exist even though its charter or powers are inconsistent with this Constitution. To promote an orderly transition to the provisions of this Constitution, and until state governments are established, Congress shall provide for the resolution of inconsistencies between local government charters and powers, and this Constitution. This provision ceases to be effective 5 years after the effective date of this Constitution.
Section 5. The Congress may provide for a smooth and orderly transition to government under this Constitution.
Section 6. In the first congressional election, congressional districts are apportioned among the states as follows: Kusaie – 1; Marianas – 2; Marshalls – 4; Palau – 2; Ponape – 3; Truk – 5; Yap – 1. If Kusaie is not a state at the time of the first election, 4 members shall be elected on the basis of population in Ponape.
ARTICLE XVI Effective Date
Section 1. This Constitution takes effect 1 year after ratification unless the Congress of Micronesia by joint resolution specifies an earlier date. If a provision of this Constitution is held to be in fundamental conflict with the United Nations Charter or the Trusteeship Agreement between the United States of America and the United Nations, the provision does not become effective until the date of termination of the Trusteeship Agreement.
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20th CONGRESS of the Federated States of Micronesia
FIFTH REGULAR SESSION
OFFICIAL RULES OF PROCEDURE
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Nineteenth Congress of the Federated States of Micronesia RULE 1. ORGANIZING THE CONGRESS Section 1. Convening of regular Congress sessions. (a) The Congress shall meet in three regular sessions commencing on the tenth day of January, the day eleventh of May, and the twelfth day of September, unless the Presiding Officer shall set a different date or dates. (b) The sessions required by subsection (a) above shall last for 20 calendar days, unless shortened or extended by a resolution adopted by a majority vote of all Members of the Congress.
Section 2. Convening in special session. A special session may be convened at the call of the President of the Federated States of Micronesia, or by the Speaker on the written request of two-thirds of the Members. The President of the Federated States, or the Speaker, may call a special session to convene within 30 days after the declaration of a state of emergency by the President; at such special session the Congress may consider the revocation, amendment, or extension of the declaration.
Section 3. Place of sessions. The Congress shall meet at a place in the State of Pohnpei, designated by the Speaker, or in such State of the Federated States of Micronesia as the Congress of the Federated States shall by resolution determine, at a place designated by the Speaker.
Section 4. Days and times of meetings. The Congress shall meet regularly for the transaction of business on each day during a session at 10 a.m., Monday through Friday, provided that the Congress may meet on such other days and at such other times as may be agreed upon by the Congress.
Section 5. Call to order. (a) The Congress shall be called to order in Palikir, Pohnpei, by the most senior returning Member-elect. He shall be called a temporary Speaker and shall have the power to preserve order and decorum and decide all questions of order, subject to appeal to the Congress.
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(b) At all regular and special sessions convened subsequent to the first session of each new Congress of the Federated States of Micronesia, the Congress shall be called to order by the Speaker. (c) At the first session of each new subsequent Congress, the Congress shall be called to order by the most senior returning Member-elect. He shall be called a temporary Speaker.
Section 6. Temporary rules. At the first session of each new Congress of the Federated States of Micronesia, the Congress shall thereupon adopt temporary rules.
Section 7. Temporary officers and Credentials Committee. At the first session of each new Congress, the temporary Speaker shall appoint a temporary Clerk. He shall also appoint a committee of four members to examine the credentials of the Members-elect.
Section 8. Examination of credentials. (a) At the first session of each new Congress of the Federated States of Micronesia, the Committee on Credentials shall proceed to examine the credentials of the Members-elect. If the credentials of at least eight of the Members-elect appear in order, the committee shall so report to the Congress. If the credentials of any Member-elect do not on first examination appear to be in order, the committee may make such inquiry as it deems necessary and report its findings and recommendations to the Congress at the time of its initial report, or if it so chooses, the committee may defer its inquiry and report on such Member-elect or Members- elect until after submitting its initial report. The adoption of the report or reports of the Credentials Committee by the Congress shall be final. (b) If a person is elected or appointed to fill a vacancy in the membership, the Committee on Credentials shall proceed to examine the credentials of such person and report its findings and recommendations to the Congress.
Section 9. Oath. The person who calls the first session of each new Congress to order shall request any Justice of the Supreme Court of the Federated States of Micronesia or a presiding judge of the State court, to administer the following oath of office collectively to the Members-elect holding credentials acceptable to the Congress, and addressed to each such Member: “I, ______solemnly swear (or affirm) that I will faithfully execute the Office of Senator of the Congress of the Federated States of Micronesia and will, to the best of my ability, uphold, promote, and support the laws and the Constitution of the Federated States of Micronesia, so help me God.” Section 10. Call of the roll. The Clerk or temporary Clerk shall thereupon proceed to call the roll.
Section 11. Rules. At the first session of the Congress of the Federated States of Micronesia, the temporary Speaker shall entertain a motion for the adoption of the Official Rules of Procedure of the Congress. When properly adopted, the Rules shall govern the conduct of
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Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R. No. 19-25) business at all sessions of the Congress held prior to convening the next Congress, provided that such Rules may be amended in accordance with Rule 15. If any question of procedure arises which is not specified in these Rules, it shall be decided by the Speaker, subject to appeal to the Congress. The Rules in force at the adjournment sine die of the last session of a Congress shall, until amended or changed, govern the organization of a new Congress.
Section 12. Election of permanent officers. (a) At the first session of each new Congress of the Federated States of Micronesia, the temporary Speaker shall thereupon conduct an election for a Speaker of the Congress. Upon the election of such Speaker, the temporary Speaker shall thereupon relinquish the chair to the person so elected. In all future proceedings, during all sessions of the Congress, the Speaker so elected shall preside. (b) At the first session of each new Congress of the Federated States of Micronesia, the Speaker shall thereupon proceed to conduct an election for the Vice Speaker and the Floor Leader, who shall be Members of the Congress. Upon their election, the Speaker shall proceed to conduct an election for the Clerk, who shall be a non-Member of the Congress.
Section 13. Prayer on convening day. Following the call to order, the temporary Speaker shall thereupon call for the opening prayer provided for in rule 2, section 2(d).
Section 14. Notification of the President of the Federated States of Micronesia. Following the election of the President and Vice President during those years when a President and Vice President are elected or after the organization of the Congress during those years when a President and Vice President are not elected, the Speaker shall appoint a committee of three members to advise the President that the Congress is organized. The Congress shall stand in recess until the committee returns to report orally the accomplishment of its mission.
Section 15. Election of the President. (a) At the first regular session of each new Congress for which Members-at- large have been elected, the Members shall proceed to elect the President of the Federated States of Micronesia. Any Member may nominate a Member elected to a term of four years to become the President. When the nominations close, the secret balloting for President shall be taken. The President shall be elected by a majority vote of all the Members. (b) If no nominee receives such majority vote on the first ballot, the Speaker shall announce the names of the two nominees receiving the highest number of votes, and a second and any necessary subsequent ballots shall be taken until one of the two nominees receives the necessary majority vote. (c) In the event of a tie for the highest number of votes, the balloting shall be repeated until candidates are eliminated by receiving fewer votes than the two candidates receiving the highest number of votes on a particular ballot. Balloting shall continue until a candidate receives a majority vote of the membership.
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(d) The Member elected as President shall retain his seat in the Congress until a vacancy has been declared after the election of the Vice President pursuant to section 17 of this rule.
Section 16. Election of the Vice President. (a) After the election of the President, the Members shall proceed to elect the Vice President of the Federated States of Micronesia. Any Member may nominate a Member elected to a term of 4 years to become Vice President, except that the Member elected as President may not be nominated for Vice President. When the nominations close, the balloting for Vice President shall be taken. The Vice President shall be elected by a majority vote of all the members. (b) If no nominee receives such majority vote on the first ballot, the procedures set forth in section 15, subsections (b) and (c), shall be followed until a Vice President is elected.
Section 17. Declaration of vacancies. After the Vice President has been elected, the Speaker shall declare vacancies in the seats occupied by the Members elected as President and Vice President. RULE 2. TERMS AND DUTIES OF OFFICERS.
Section 1. Terms of office. The Speaker, Vice Speaker, Floor Leader, Legislative Counsel and Chief Clerk may hold office until the next Congress of the Federated States of Micronesia is called to order, unless such tenure is terminated at an earlier date by death, resignation, election, or by action of the Congress. The removal of the Speaker, Vice Speaker, or Floor Leader from office shall require a two-thirds affirmative vote of all Members. The Chief
Clerk and the Legislative Counsel may be removed by the Speaker, subject to appeal to the Congress. Vacancies shall be filled in accordance with the procedure provided in rule 1, section 12.
Section 2. Speaker. It shall be the duty of the Speaker:
(a) To announce the business before the Congress in the order prescribed by the Rules; (b) To assign to each Member a seat on the floor of the Congress; (c) To maintain order and proper decorum in debate; (d) To open the sittings of the Congress at the appointed hour by taking the chair and calling for a moment of silent prayer, except for the first day of the session when he shall designate a chaplain to open the session with prayer; (e) To receive all communications from the other branches of the Government and present them to the Congress, and to direct the different committees to consider subjects in such messages; (f) To receive and submit all matters properly brought before the Congress by the Members, to call for votes upon the same, and to announce the results;
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(g) To authenticate by his signature all official acts and papers of the Congress, and to transmit the same as required; (h) To make known rules of procedure and interpret such rules when so requested, and to decide points of order; (i) To direct the activities of the Clerk, Legislative Counsel, and other administrative officers and employees of the Congress, to oversee the administration of the business of the Congress, and to appoint an Acting Clerk in the absence of the Clerk; (j) To name, if he so desires, a Member to perform the duties of the Chair when the Vice Speaker and Floor Leader are not available to perform such duties, which Member shall be known as Speaker pro tempore while so serving, but such substitution shall not extend beyond an adjournment of any session; (k) To administer the oath to public officials or to direct the Floor Leader to administer the oath to any Member from time to time; and (l) To do and perform such other duties as may be required by law, these Rules, and as may properly appertain to the Office of Speaker.
Section 3. Vice Speaker. It shall be the duty of the Vice Speaker to exercise all the duties and powers of the Speaker in the latter’s absence.
Section 4. Floor Leader. It shall be the duty of the Floor Leader: (a) To serve as Floor Leader during sessions of the Congress, proposing routine motions which contribute to the orderly and speedy conduct of business, and to act as floor manager in aid of the speedy disposition of a bill or resolution when a Member so responsible does not assume this task; (b) To administer the oath to any Member as may be directed by the Speaker from time to time; (c) To perform the duties of the Chair in the absence of the Speaker and Vice Speaker; and (d) To perform such other duties as the Speaker may designate.
Section 5. Legislative Counsel. It shall be the duty of the Legislative Counsel: (a) To act as counsel and legal adviser to the Congress; (b) To render legal services to the standing committees, special committees, or any Members of Congress upon request; (c) To undertake such legal research as may be requested by the Congress, its committees, or Members; (d) To draft bills and resolutions as needed or requested;
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(e) To advise the Congress of needed revisions to laws or bills to bring them into conformity with the Constitution of the Federated States of Micronesia and decisions of courts with jurisdiction in the Federated States of Micronesia; (f) To supervise the staff attorneys and researcher within the Office of the Legislative Counsel, as well as the operation of the Library through supervision of the librarians; and (g) To assume such other related or additional duties as the Congress or the Presiding Officer may assign.
Section 6. Clerk. It shall be the duty of the Clerk: (a) To attend the Congress every day it meets, unless excused by the Speaker; (b) To have charge of all the records of the Congress and to be responsible for the same and never permit original documents to be withdrawn from his keeping unless ordered by the Speaker; (c) To make a concise and complete memorandum of all petitions, motions, bills, resolutions, amendments, and other matters brought before the Congress, and their disposition; such memoranda shall state the nature of the matter, give the name of the introducer, and be dated each day; and such memoranda, the daily session proceedings, together with other matters ordered to be placed therein, shall constitute the journal of the day; (d) To countersign all acts of the Congress, thus attesting to the authentication of the Speaker’s signature; (e) To prepare all bills, resolutions, and other matters; (f) To forward promptly all letters, messages, communications, or other matters to the proper parties, either directly or through a committee, as the case may be; (g) To deliver to the chairman of the appropriate committee all petitions, resolutions, bills, or other matters duly referred to such committee; (h) To prepare, for the respective committees to which have been referred subjects contained in the messages of the President of the Federated States of Micronesia, a memorandum of the subjects so referred; (i) To attach a statement to any bill or instrument which, in the absence of the Speaker and Vice Speaker and Floor Leader, has been signed by the Speaker pro tempore, that such Speaker pro tempore was duly serving; and (j) To do and perform all other duties and responsibilities pertaining to the position of Clerk of the Congress as the Congress shall, from time to time, direct, and as shall by law, CFSM Administrative Manual, these Rules, or Rules hereafter adopted, be assigned to him.
Section 7. Sergeant at Arms. During each session of the Congress, the Speaker shall designate a person to serve temporarily as a Sergeant at Arms whose duties shall be: (a) To attend the daily sessions of the Congress unless excused by the Speaker;
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(b) To maintain order among those present as spectators; (c) To give notice to the Presiding Officer of the attendance of any person with communications; (d) To attend committee meetings if so requested; (e) To serve all orders or process as directed by the Speaker; (f) To make all required arrests of Members or other persons and to restrain the same in custody; (g) To disallow anyone from entering the floor of the Congress except the Members, authorized employees, and official guests of the Congress; and (h) To execute all other duties and requirements of his office.
RULE 3. QUORUM AND ATTENDANCE. A majority of the Members shall constitute a quorum for the transaction of business. A majority of less than a quorum shall have the power to compel the attendance of absent Members and to adjourn from day to day. For the opening day of session, at least one Member from each of the four States shall be included in the initial quorum unless sufficient notice was given to permit the attendance of the Members absent and they do not answer to the quorum count. The Speaker may declare the Congress adjourned if no quorum is present at the hour of opening. For purposes of ascertaining whether a quorum exists, the Speaker shall count the Members present. During a meeting of the Congress, any Member may call upon the Speaker to determine whether a quorum exists or not, and the Speaker shall so determine and announce his finding. A Member shall not be absent unless he has leave of the Speaker, subject to appeal to the Congress. The name of a Member not present to answer to a quorum count, and not excused by the Speaker, shall be noted on the Journal as absent.
RULE 4. PROCEDURE AND SESSIONS. Section 1. Public sessions. Sessions of the Congress of the Federated States of Micronesia shall be open to the public. Section 2. Language of proceedings. All legislative proceedings shall be conducted in English, provided that a Member lacking fluency in English may use his own language and the Congress shall provide translation. Section 3. Sitting in or entering the Chamber. No Member shall sit at the desk of the Speaker or of another Member or of the Clerk, except by permission of the Speaker. A person who is not a Member of the Congress, an official interpreter, or an employee of the Congress shall not enter upon the floor during a session except at the invitation or with the permission of the Speaker. Section 4. Communications media. Members of the press and other representatives of the public communications media desiring to report the proceedings of the Congress to the
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Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R. No. 19-25) public may be admitted to the Congress by the Speaker. The Speaker may assign such person a place and facilities which will not interfere with the operations of the Congress.
Section 5. Recognition. When a Member desires recognition, he shall address the Chair, “Mr. Speaker.” When recognized, he shall confine himself to the purpose for which he sought recognition. The Speaker shall not recognize a Member for the purpose of speaking in support of or opposition to a motion for a second time until every Member wishing to speak to the question has had an opportunity to be heard, unless he is the mover of a motion, or chairman of the committee reporting out a measure on the floor.
Section 6. Holding the floor and manner of address. (a) A Member shall continue to hold the floor until such time as he ceases to speak to the question or otherwise yields the floor, except that he may yield for the raising of a point of information or order by another Member and still retain the floor and except that no Member may speak for more than 10 minutes each time on a question before the Congress, unless the Member speaks through an interpreter in which case a maximum of 20 minutes shall be allowed. (b) A Member shall address or refer to his fellow Members either as “Senator ______” or “The Senator from ______.”
Section 7. Closing debate and voting on the question. The Speaker may close debate and call for a vote on the question before the Congress at any time he is satisfied that every Member desiring to speak to the question has spoken or has had an opportunity to do so, subject to appeal to the Congress. If the previous question is moved and adopted, debate shall be closed, provided that the mover of the motion before the Congress on which debate is being closed may make a closing statement of 5 minutes or less in support of his motion, or delegate the right to another Member of the Congress.
Section 8. Rulings of the Chair. The Speaker shall decide all questions of order whether or not specified in these Rules, subject to appeal to the Congress, which decision shall be considered overruled if two-thirds of the Members present and voting vote not to sustain the ruling of the Speaker.
Section 9. Dress. Members, officers, and employees appearing on the floor of the Congress shall be suitably attired. The Speaker may prescribe the required dress, subject to appeal to the Congress, and make such exceptions as he sees fit.
Section 10. Interruptions. No Member shall engage in private discourse when the Speaker or a Member is speaking, nor leave the Chamber, nor walk about the floor when the Speaker is speaking, nor walk between a Member who is speaking and the Speaker.
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Section 11. Disorderly manner of Members. If any Member shall conduct himself in a disorderly manner during any session of the Congress, the Speaker shall order such Member to keep his seat and preserve the peace. If the Member shall persist in his disorderly conduct, the Speaker shall order the Sergeant at Arms to remove the Member from the Chamber. The Member shall not be permitted to take his seat during the remainder of that day’s session unless the Speaker shall so permit.
Section 12. Discipline of Members. The Congress may discipline its Members by censure for disorderly behavior, neglect of duty, or violation of the oath of office. The Congress may also suspend or expel a Member by two-thirds vote of the total membership of the Congress.
Section 13. Disturbance. In the case of disturbance or disorderly conduct, the Speaker may have the Chamber cleared of all persons, except Members and officers, in order to abate the disturbance or disorderly conduct.
RULE 5. ORDER OF BUSINESS. Section 1. Order of business. (a) Call to Order; (b) Moment of Silent Prayer; (c) Roll Call; (d) Reading of the Journal; (e) Presidential Communications; (f) FSM Supreme Court Communications; (g) Member Communications; (h) Departmental Communications; (i) Agency or Governmental Authority Communications; (j) State Communications; (k) State Supreme Court Communications; (l) Municipal or Town Communications; (m) Foreign Government Communications; (n) Standing Committee Reports; (o) Special Committee Reports; (p) Unfinished Business; (q) Bill Calendar; (r) Resolution Calendar; (s) Introduction of Bills and Resolutions; (t) Miscellaneous Communications; (u) Miscellaneous Business; (v) Announcements; (w) Recess.
Section 2. Change in order of business. The Congress may by previous motion direct that any matter named shall be made a special order of business and that such special order shall
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Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R. No. 19-25) take precedence over all other business after the fifth order, or such lesser position on the order as the motion shall prescribe. RULE 6. COMMITTEES GENERALLY. Section 1. Types of committees. There shall be seven standing committees established by the Rules. The standing committees shall be organized pursuant to Rules 6 and 7. Special committees shall be established by the Speaker as required to consider and report on such special or temporary matters as are referred to them. Special committees shall be temporary committees, which shall remain in existence until discharged by the Speaker, subject to appeal to the Congress. The Congress may resolve itself into the Committee of the Whole, consisting of the entire membership of the Congress, whenever it decides to consider a matter as a committee. The Committee of the Whole shall remain in being until such time as it dissolves itself and reports back to the Congress.
Section 2. Orders of the Congress. All committees of the Congress shall be subject to the orders of the Congress and shall faithfully carry out such orders. Section 3. Powers and authority of committees. Each committee is hereby authorized to study and analyze all facts relating to the subjects which would fall within its jurisdiction as indicated by rule 6, section 1, or rule 7, sections 1 to 7, including, but not limited to, a needed revision of the laws or needed legislation relating to that subject, and for such purposes shall constitute an investigating committee pursuant to 3 F.S.M.C. 401, et seq., as amended. Witnesses may be summoned and examined, and documents and records may be searched and examined in accordance with 3 F.S.M.C. 401, et seq., as amended, and everything shall be done to bring all facts pertaining to the matter before the Congress. Section 4. Duties of committees. It shall be the duty of a committee to make diligent and careful inquiry and investigation into all of the facts and circumstances connected with any bill, resolution, or matter referred to it, or any needed revision of the laws or needed legislation relating to a subject within its jurisdiction. Section 5. Structure of committees. (a) Subcommittees may be created within standing committees to facilitate the work of the standing committees. The members of the committee shall decide whether or not a subcommittee needs to be created, and which subjects the subcommittee will have jurisdiction over. Each subcommittee shall have at least three members, including a chairman and a vice chairman. The members of the subcommittee shall be chosen by the members of the committee. The chairman and vice chairman of the subcommittee shall be chosen by the members of each subcommittee. (b) Subcommittees shall submit their reports in writing to the chairman of the standing committee. (c) Apart from the requirements of subsections (a) and (b) above, the rules applicable to committees apply with equal force to subcommittees of standing committees.
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Section 6. Meetings. (a) Meetings of the committees, including the Committee of the Whole, shall be open to the public unless a majority of the members thereof determine otherwise. No committee shall sit at a time when the Congress is in session without permission of the Congress. (b) The chairman of any standing or special committee may arrange for the joint meeting of his committee with another committee to conduct their business jointly. Final action shall be taken by each committee separately.
Section 7. Appointments of members. (a) Members of special committees shall be appointed by the Speaker, subject to appeal to the Congress. (b) Members of standing committees shall be appointed by the Speaker, after consultation with the Members of the Congress as to the committee or committees on which each prefers to serve, subject to appeal to the Congress. (c) No Member may serve on more than four standing committees. This subsection shall not apply if there are one or more vacancies in a State’s Congressional Delegation and the application of this subsection would deprive that State of fair representation on one or more standing committees.
Section 8. Chairman and vice chairman. (a) The chairman of each standing committee or special committee, and the chairman for each continuous session of the Committee of the Whole, shall be appointed by the Speaker, subject to appeal to the Congress. A vice chairman shall be chosen by the members of each standing committee. (b) The chairman of each committee shall call meetings, preside at committee meetings, prepare and post the agenda, invite witnesses to appear before the committee, and prepare committee reports subject to the requirements of the Rules. The vice chairman shall perform the duties of the chairman in his absence. (c) A Member of Congress who serves as a chairman of a standing committee may not serve as a chairman or vice chairman of another standing committee. The Speaker, Vice Speaker and Floor Leader may not serve as a chairman or vice chairman of any standing committee.
Section 9. Committee reports. (a) Special committees shall report within the time allowed by the Speaker. Standing and special committees shall submit their reports in writing to the Clerk who shall number the reports consecutively in the order received, cause such reports to be reproduced, and furnish a copy to each Member of the Congress. A committee report shall state findings of fact and conclusions based thereon together with a specific recommendation as to the manner in which the bill, resolution, or other matter referred to the committee should be disposed of by the Congress. A report recommending a bill for passage shall clearly state the purpose of the bill and the intent of the legislation. A report upon a bill shall state clearly any proposed amendments thereto, and a
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Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R. No. 19-25) copy of the bill as proposed to be amended by the committee shall be attached thereto. (b) A report shall be considered adopted by a committee when a majority of the members of the committee has signed the report concurring therein. A member or members not concurring in the report of the majority may so indicate by signing the report “I do not concur” or by submitting a separate minority report. (c) A committee shall report to the Congress all actions taken on any matter referred to it. Section 10. Rights of members. A majority of the members of a committee may require the chairman to place any bill, resolution, or other matter referred to the committee on the agenda for committee consideration and to submit such a bill, resolution, or other matter to the committee for its decision.
Section 11. Withdrawal of bills, resolutions, and other matters from committee. Any bill, resolution, or other matter referred to a committee at a regular session may be withdrawn from such committee on or after the fifteenth day of the session by an affirmative vote of a majority of the Members of the Congress present, a quorum being present, provided that the bill, resolution, or other matter shall have been referred to committee six or more days prior to recall. Any bill, resolution, or other matter referred to a committee at a special session may be withdrawn by affirmative vote of a majority of the Members of the Congress present, a quorum being present, after half of the period for which the session was called has elapsed.
RULE 7. STANDING COMMITTEES. The standing committees of the Congress of the Federated States of Micronesia shall be as specified herein as follows:
Section 1. Ways and Means. (a) The Committee on Ways and Means shall consist of not more than seven members with at least one member from each of the four States. It shall be the duty of this committee to consider and report on all bills, resolutions, and other matters referred to it pertaining to the finances and financial administration of the Government of the Federated States of Micronesia or any of the four constituent States or a municipality thereof, such subjects to include but not be limited to taxes, export duties, and tariffs; non-tax revenues; budgets; expenditures; appropriation measures; loans, borrowing, or indebtedness on public credit; monetary claims, funding arrangements, or requirements; accounting and audits, past, present or proposed; the issuance and regulation of currency; and other related subjects, including Presidential nominations submitted to the Speaker which require the advice and consent of Congress. Bills and resolutions or other matters pertaining to internal organization or management of the Congress of the Federated States of Micronesia shall also fall within the scope of the duties of the Congress. It shall be the duty of this committee to consider, investigate, and recommend to the Congress any needed revisions of existing laws or new legislation relating to any subject matter within its jurisdiction.
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(b) This committee shall be responsible for reviewing specific subjects in the budget of the President, and all supplementals thereto, which make a request for an appropriation, which relates to a subject matter within its jurisdiction. Pursuant to its review the committee shall recommend whether the matters referred to it, or portions thereof, will be authorized, and if so, in what amount. Following its review the committee shall promptly report its recommendation to the Congress. Those subjects which fall within the jurisdiction of this committee include, but are not limited to, the following: (i) Department of Finance and Administration; (ii) Office of the President; (iii) Office of Statistics, Budget, Overseas Development Assistance and Compact Management; and (iv) Public Auditor; (c) This committee shall be responsible for reviewing all reports referred to it by the Congress from other standing committees as pertain to the budget of the President and all supplementals thereto. Pursuant to said review this committee shall determine to what extent funds are available to meet the recommendations of the committee, which authored the referred report. After this determination has been made, this committee shall promptly report its recommendation to the Congress. In no instance may this committee recommend an appropriation in an amount higher than that recommended by the Committee which authored the referred report. However, this committee may recommend an appropriation in a lower amount if funds are determined to be insufficient to meet the recommendations contained in the referred report.
Section 2. Resources and Development. (a) The Committee on Resources and Development shall consist of not more than seven members with at least one member from each of the four States. It shall be the duty of this committee to consider and report on all bills, resolutions, and other matters referred to it pertaining to the economy of the Federated States of Micronesia and the resources thereof, including economic planning, priorities, and policies; public or private investments; development loans; foreign investment; business registration and regulations; private savings and indebtedness; bankruptcy and insolvency; secured transactions; usury and banking; insurance regulation; labor and manpower development; agriculture, forestry, and internal fisheries development; exploitation of land-based mineral resources; land management, industries, and public utilities; interstate trade and commerce; intellectual property rights; regulation and management of ownership, exploitation, and exploration of mineral or natural resources within marine space of the Federated States of Micronesia beyond 12 nautical miles from baselines; and other related subjects, including Presidential nominations submitted to the Speaker which require the advice and consent of Congress. It shall be the duty of this committee to consider, investigate, and recommend to the Congress any needed revisions of existing laws or new legislation relating to any subject matter within its jurisdiction. (b) This committee shall be responsible for reviewing specific subjects in the budget of the President, and all supplementals thereto, which make a request for an appropriation, which relates to a subject matter within its jurisdiction. Pursuant to its review the committee shall
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Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R. No. 19-25) recommend whether the matters referred to it, or portions thereof, will be authorized, and if so, in what amount. Following its review the committee shall promptly report its recommendation to the Congress. Those subjects which fall within the jurisdiction of this committee include, but are not limited to, the following: (i) Department of Resources and Development; (ii) Pacific Asian Travel Association; (iii) National Oceanic Resource Management Authority; (iv) Pacific Island Development Program; and (v) Office of Environment and Emergency Management.
Section 3. Education. (a) The Committee on Education shall consist of not more than seven members with at least one member from each of the four States. It shall be the duty of this committee to consider and report on all bills, resolutions, and other matters referred to it pertaining to public education and other related subjects, including Presidential nominations submitted to the Speaker which require the advice and consent of Congress. It shall be the duty of this committee to consider, investigate, and recommend to the Congress any needed revisions of existing laws or new legislation relating to any subject matter within its jurisdiction. (b) This committee shall be responsible for reviewing specific subjects in the budget of the President, and all supplementals thereto, which make a request for an appropriation which relates to a subject matter within its jurisdiction. Pursuant to its review the committee shall recommend whether the matters referred to it, or portions thereof, will be authorized, and if so, in what amount. Following its review the committee shall promptly report its recommendation to the Congress. Those subjects which fall within the jurisdiction of this committee include, but are not limited to, the following: (i) Department of Education (ii) Board of Regents of the College of Micronesia; (iii) College of Micronesia operations; (iv) Compact Section 221(b) programs; (v) Vocational agriculture programs; and; (vi) East-West Center.
Section 4. Judiciary and Governmental Operations. (a) The Committee on Judiciary and Governmental Operations shall consist of not more than seven members with at least one member from each of the four States. It shall be the duty of this committee to consider and report on all bills, resolutions, and other matters referred to it pertaining to civil and criminal laws; immigration; judicial administration and organization; land laws and traditional rights; suffrage and National elections; proposed revisions of statutes; governmental organization, structure, or functions; civil service; patents and copyright; insurance, securities, and insolvencies; bankruptcy; postal service and functions; National Capital administration and management; constitutional amendments; judicial appointments; Presidential impeachment or judicial removal; suspension or expulsion of Members of the Congress; and other
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Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R. No. 19-25) related subjects, including Presidential nominations submitted to the Speaker which require the advice and consent of Congress. It shall be the duty of this committee to consider, investigate, and recommend to the Congress any needed revisions of existing laws or new legislation relating to any subject matter within its jurisdiction. (b) This committee shall be responsible for reviewing specific subjects in the budget of the President, and all supplementals thereto, which make a request for an appropriation, which relates to a subject matter within its jurisdiction. Pursuant to its review the committee shall recommend whether the matters referred to it, or portions thereof, will be authorized, and if so, in what amount. Following its review the committee shall promptly report its recommendation to the Congress. Those subjects which fall within the jurisdiction of this committee include, but are not limited to, the following: (i) Department of Justice; (ii) Office of the Public Defender; (iii) National Judiciary; and (iv) National Postal Service.
Section 5. External Affairs. (a) The Committee on External Affairs shall consist of not more than seven members with at least one member from each of the four States. It shall be the duty of this committee to consider and report on all bills, resolutions, and other matters referred to it pertaining to the National defense and security; foreign affairs; international trade and commerce, including matters relating to establishment of embassies, consulates, or liaison offices in foreign countries; any treaty-related matters, including diplomatic relations and maritime matters; acquisition, admission, or governance of new territory; relations between the National Government and the people of the Federated States of Micronesia, other sovereign nations, the United Nations and any of its organs, and other international organizations; and other related subjects, including Presidential nominations submitted to the Speaker which require the advice and consent of Congress. It shall be the duty of this committee to consider, investigate, and recommend to the Congress any needed revisions of existing laws or new legislation relating to any subject matter within its jurisdiction. (b) This committee shall be responsible for reviewing specific subjects in the budget of the President, and all supplementals thereto, which make a request for an appropriation which relates to a subject matter within its jurisdiction. Pursuant to its review the committee shall recommend whether the matters referred to it, or portions thereof, will be authorized, and if so, in what amount. Following its review the committee shall promptly report its recommendation to the Congress. Those subjects which fall within the jurisdiction of this committee include, but are not limited to, the following: (i) Department of Foreign Affairs; (ii) United Nations Economic & Social Commission for Asia and the Pacific; (iii) South Pacific Commission; and
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(iv) International Civil Aviation Organization. Section 6. Transportation and Communications. (a) The Committee on Transportation and Communications shall consist of not more than seven members with at least one member from each of the four States. It shall be the duty of this committee to consider and report on all bills, resolutions, and other matters referred to it pertaining to all forms of communications, including, but not limited to, telephone, telegraph, radio, television, and shortwave; regulation of broadcasting and broadcast facilities; land, sea, and air transportation, including regulation and management of navigation and shipping; aeronautics and air navigational facilities; and other related subjects, including Presidential nominations submitted to the Speaker which require the advice and consent of Congress. It shall be the duty of this committee to consider, investigate, and recommend to the Congress any needed revisions of existing laws or new legislation relating to any subject matter within its jurisdiction. (b) This committee shall be responsible for reviewing specific subjects in the budget of the President, and all supplementals thereto, which make a request for an appropriation which relates to a subject matter within its jurisdiction. Pursuant to its review the committee shall recommend whether the matters referred to it, or portions thereof, will be authorized, and if so, in what amount. Following its review the committee shall promptly report its recommendation to the Congress. Those subjects which fall within the jurisdiction of this committee include, but are not limited to, the following: (i) Department of Transportation, Communication and Infrastructure; and (ii) Telecommunications Corporation.
Section 7. Health and Social Affairs. (a) The Committee on Health and Social Affairs shall consist of not more than seven members with at least one member from each of the four States. It shall be the duty of this committee to consider and report on all bills, resolutions, and other matters referred to it pertaining to the preservation of the physical and natural environment; physical and mental health of the general public; public welfare; social security and general well-being of the people of the Federated States of Micronesia; and other related subjects, including Presidential nominations submitted to the Speaker which require the advice and consent of Congress. It shall be the duty of this committee to consider, investigate, and recommend to the Congress any needed revisions of existing laws or new legislation relating to any subject matter within its jurisdiction. (b) This committee shall be responsible for reviewing specific subjects in the budget of the President, and all supplemental requests thereto, which make a request for an appropriation that relates to a subject matter within its jurisdiction. Pursuant to its review the committee shall recommend whether the matters referred to it, or portions thereof, will be authorized, and if so, in what amount. Following its review the committee shall promptly report its recommendation to the Congress. Those subjects that fall within the jurisdiction of this committee include, but are not limited to, the following:
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(i) Department of Health and Social Affairs; (ii) Office of National Archives, Culture and Historic Preservation; (iii) Office of Gender Development and Women Affairs; and (iv) Office of Youth and Sports.
RULE 8. BILLS, RESOLUTIONS, AND AMENDMENTS.
Section 1. Property of the Congress. All bills or resolutions introduced in the Congress and committee reports thereon shall be deemed the property of the Congress and under its control.
Section 2. Types of measures. The following are measures to be considered in the Congress: (a) Congressional Bill (C.B.), which shall identify bills introduced in the Congress; and (b) Congressional Resolution (C.R.), which shall identify resolutions introduced in the Congress.
Section 3. Format of bills and resolutions. (a) All bills and resolutions shall be typewritten with black ribbon, double- spaced leaving a left margin of one and one-half inches and with the number of the line appearing on each line at the left margin. (b) Bills and resolutions for introduction shall be submitted in an original and four copies. Each original copy of a bill or resolution shall be dated and signed by the Member introducing the measure at the bottom of the last page thereof. The introducer thereof may permit other Members to affix their signatures to the measure. When a Member wishes to indicate he is introducing a measure by specific request without necessarily sponsoring it, he may affix the words “by request” after his signature.
Section 4. Numbering of bills and resolutions. Bills and resolutions shall be numbered by the type of measure with the numerical designation of the Congress followed by numerals in consecutive order corresponding with their respective order of introduction. The first time a bill or resolution is amended, the designation “C.D.1” shall be appended after the numerical designation of the bill or resolution to indicate “Congressional Draft 1.” Each time the bill or resolution is subsequently amended, the numerical designation shall be increased by one.
Section 5. Form of bills. To pass First or Second Reading, each bill shall:
(a) Contain an enacting clause reading: “BE IT ENACTED BY THE CONGRESS OF THE FEDERATED STATES OF MICRONESIA:”; (b) Embrace but one subject which subject shall be expressed in the title; and
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(c) Not amend or revise an existing law by reference to its title only, but the law as revised, or section as amended, shall be set forth at full length in the bill. Section 6. Deadlines for introduction and calendaring of bills and resolutions. To promote the orderly consideration of matters before Congress, the Speaker, in any session, may establish a date after which no further bills or resolutions may be introduced, and a date after which no further bills or resolutions may be placed on the Bill or Resolution Calendar for consideration during that session. In establishing such deadlines, the Speaker may place such limitations on the effect of the deadlines or create such exceptions as he deems appropriate.
Section 7. Duplication and distribution of bills, resolutions and committee reports. (a) The Clerk shall be responsible for making a sufficient number of copies of bills and resolutions, when introduced, and committee reports, when submitted to him/her by a committee. (b) The Clerk shall provide each Member with a copy of each bill and each resolution and each amended copy thereof, at the time of introduction, in amended form following submission of a report with amendments by a committee, or after amendment on the floor if required by rule 8, section 9. The Clerk shall provide each Member with a copy of each report of each committee at the time that the report is placed on the Order of the Day. (c) A bill or resolution shall not be placed on the Bill or Resolution Calendar unless a copy thereof and the pertinent reports have been duplicated and distributed to each Member on the previous day of the session.
Section 8. Referral and reading of bills. (a) Following duplication, the Speaker, after consultation with the Vice Speaker and Floor Leader, shall refer bills to an appropriate committee or committees. The Speaker shall announce to the Congress each bill’s referral at the time it is made. The Speaker may place a bill on the Bill Calendar for First Reading without referral to a committee, but such action shall not be adopted unless a majority of all Members vote in favor of it. (b) Committee reports shall first be delivered to the Clerk, who shall place a number on them in consecutive order and cause the same to be printed and distributed to Members. (c) The reports of committees reporting on a bill shall be separated from the bill and acted on separately. Congress may not consider committee reports for adoption until the next session day following the day on which the committee reports have been distributed to the Congress. Such reports may recommend that the bill, in its original or in amended form: (i) Pass First and Second Readings; (ii) Be favorably considered but first be referred to another committee or be passed to the next committee to which it was initially referred; or (iii) Be filed. If a bill has been referred to more than one committee, the Congress shall receive and consider the reports of the second and subsequent committees prior to the First Reading of the bill.
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The First Reading of a bill shall be by its title, provided that the Clerk shall read the bill at length if requested to do so by six Members present. (d) A copy of each bill, which has passed First Reading, shall be submitted to the Legislative Counsel for review, as to the form prior to being placed on the Bill Calendar for Second Reading. The Counsel shall, if necessary, make a report on the bill to the Speaker without delay. (e) The Clerk shall place bills on the Bill Calendar in the order received from the several committees or from the Speaker if the bill has not been so referred. (f) Upon Second Reading, a bill shall be read by title, provided that the Clerk shall read the bill at length if requested to do so by six Members present. (g) No appropriation bills, except those recommended by the President for immediate passage or to cover the operating expenses of Congress, may be passed on Final Reading until the bill appropriating money for the budget of the National Government has been enacted.
Section 9. Consideration of resolutions. (a) Following duplication and distribution of a copy to each Member of the Congress, the Speaker may order that a resolution be placed on the Resolution Calendar or be referred to one or more committees, subject to the action of the Congress. The Speaker shall announce to the Congress each resolution’s referral at the time it is made. (b) The reports of the committees reporting on a resolution shall be separated from the resolution and acted on separately. The report may recommend that the resolution: (i) Be placed on the Resolution Calendar for adoption; (ii) Be favorably considered but first be referred to another committee or be passed to the next committee to which it was initially referred, or (iii) Be filed. (c) If a resolution has been referred to more than one committee, the Congress shall receive and consider the reports of the second and subsequent committees and shall take appropriate action thereon. (d) The Clerk shall place the resolutions on the Resolution Calendar for adoption in the order received from the Speaker, provided that if they were referred to a committee, they shall be placed on the Resolution Calendar in the order they were received from the final committee considering them. (e) A resolution upon the Resolution Calendar shall be read by title. A majority of the Members present may request a reading of a resolution at length.
Section 10. Amendments. Amendments to bills or resolutions may be offered on the floor of the Congress by any Member, provided that the proposed amendment is in writing. Such
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Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R. No. 19-25) amendment shall be read by the Clerk. Unless the amendment is a corrective or technical amendment, making no substantive change, the entire bill or the page or pages affected, as the Speaker shall direct, shall be reduplicated and distributed to the Members prior to the next reading of the bill. Amendments to bills offered on the floor which are substantive and not merely corrective or technical, shall only be offered before first reading of a bill. Amendments to bills offered on the floor which are corrective or technical, making no substantive change to the bill, may be offered before first or second reading of a bill. Any Member may object to an amendment as not being corrective or technical but being substantive in character, and the Speaker shall rule thereon.
Section 11. Certifying and transmitting of bills and resolutions. (a) When a bill passes or a resolution is adopted, it shall be certified by the Speaker and by the Chief Clerk, noting the day of its passage or adoption. (b) The Chief Clerk shall cause each bill which has passed First and Second Readings to be prepared in final form and shall transmit the original to the President within 30 days. The Speaker will authenticate it by his signature, thus certifying to the accuracy of the bill so transmitted, and the same thereof shall be attested to by the Chief Clerk. The final form is prepared by the Chief Clerk for the President’s signature and public printing. (c) The Chief Clerk shall cause each resolution, which has been adopted to be prepared in final form and shall transmit the originals to the addressees within 30 days. The Speaker will authenticate them by his signature, thus certifying to their accuracy; the same shall be attested to by the Chief Clerk.
Section 12. Overriding a Presidential veto. Whenever a bill passed by the
Congress is disapproved by the President, the Speaker shall refer the bill and the President’s reasons for disapproving to the committee to which the measure was originally referred. The committee shall then report on the measure and recommend that the measure either be overridden or not overridden. The bill may be withdrawn from the committee by majority vote of the Members of Congress present, a quorum being present, at any time subsequent to such referral to the committee notwithstanding the time periods established in rule 6, section 11. Overriding requires an affirmative vote by at least three State delegations, such vote to be conducted according to rule 10, section 12. If a bill that was disapproved by the President is overridden by the Congress, the Clerk shall transmit the bill to the President under the certification of the Speaker.
RULE 9. MOTIONS. Section 1. Seconding. No motion shall be considered by the Congress until it has been seconded. This requirement shall not apply to points of privilege, information, or order, or to requests to withdraw a motion.
Section 2. Property of the Congress. After a motion is stated by the Speaker or read by the Clerk, it shall be the property of Congress and shall be disposed of by the Congress unless
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Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R. No. 19-25) withdrawn as provided in this rule. Section 3. Main and subsidiary motions. A Member of Congress may be the mover of a main motion at the time provided for in the order of business; which main motion shall have as its purpose the carrying out of the business of the Congress. Whenever any main motion shall be under discussion, the only subsidiary motions relative thereto which shall be entertained are: (a) Lay on the table; (b) The previous question; (c) Defer to the end of the day’s calendar; (d) Defer to the end of the calendar; (e) Postpone definitely, or to a certain time; (f) Commit or Refer, or Recommit; (g) Amend; and (h) Postpone indefinitely, which motions shall have precedence in the order named. The first, second, third and fourth motions shall be decided without debate and shall be put to vote as soon as made and seconded. All the rest of the motions and the main motion shall be subject to debate and shall be put to vote in accordance with the provisions of the Rules. If a motion to amend a specific matter is defeated, it shall not be revived on the same day. No more than one motion to amend an amendatory motion shall be in order at the same time. If a motion to amend an amendment is defeated, another amendment to the amendatory motion is in order.
Section 4. Privileged motions. (a) A Member of Congress may be the mover of a privileged motion at any time such a motion is appropriate to the order of business. A privileged motion shall take precedence over main and subsidiary motions and shall be disposed of before the Congress proceeds with other business. (b) A Member may raise a point of privilege concerning a matter which relates to him as a Member of the Congress or which relates to the privileges or welfare of the Congress. When a Member raises a point of privilege, the Speaker shall interrupt the proceedings of the Congress and ask the Member to state his point. The point shall not be debatable. (c) A Member may move to recess for or to a specific time, or at the call of the Chair. The motion to recess shall be decided without debate and shall be put to vote as soon as made. The Speaker may recess the Congress for or to a specific time or at the call of the Chair, subject to appeal to the Congress. (d) A Member may move to adjourn, and such a motion shall take precedence over all other motions. The motion shall be decided without debate and shall be put to vote as soon as made, provided that the motion to adjourn to a specified time or sine die shall be subject
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Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R. No. 19-25) to debate and amendment. If the motion to adjourn is adopted, action on the question before the Congress shall be discontinued and shall be considered on the next meeting day during the regular order of business. If the motion to adjourn is defeated, such a motion shall not again be in order until the disposal of the new question before the Congress. The Speaker may adjourn the Congress for or to a specific time or to the time provided in rule 1, section 4, subject to appeal to the Congress.
Section 5. Incidental motions. (a) A Member of Congress may be the mover of an incidental motion at any time such a motion is appropriate to the order of business. (b) A Member may raise a point of information at any time on any subject, including the procedure governing the disposal of a matter or motion before the Congress. When a Member raises a point of information, the Speaker shall ask the Member to state his point. The point shall not be debatable. The Speaker shall respond to the point of information as soon as raised or request another Member to respond. The Speaker may consider the question improper and choose not to consider the point. (c) A Member may raise a point of order at any time such a point is appropriate to the order of business. The subject of such point shall be whether the Rules and applicable laws governing the conduct of business in the Congress are being observed. When a Member raises a point of order, the Speaker shall interrupt the proceedings and ask the Member to state his point. The point of order shall not be debatable and shall be ruled upon by the Speaker as soon as raised, subject to appeal to the Congress. If the ruling of the Speaker is appealed, the Member raising the point of order and the Speaker shall each be allowed five minutes to explain his position or ruling. (d) A Member may move to withdraw his motion. When a Member moves to withdraw his motion, the Speaker shall interrupt the proceedings and permit the motion to be withdrawn if there has been no decision on or amendment to the motion as of the time the Member requests withdrawal of his motion. (e) A Member may move for division of question when he finds two or more specific subjects within the same general subject of a bill or resolution before the Congress and desires that each such specific subject be considered and voted on separately. When a Member moves for division of the question, the Speaker shall interrupt the proceedings and permit the Member to make his motion, which motion shall specify the specific subjects to be considered and voted on separately. The motion shall be decided without debate and shall be put to vote as soon as made. If the motion for division of the question is adopted, for final passage or adoption, the bill or resolution, as amended, shall be considered and voted on as a single entity as provided in these Rules. (f) A Member may move for a call of the Congress at any time that he desires all present Members to remain on the floor and all absent Members to be required to attend the session. When a Member moves for a call of the Congress, the Speaker shall interrupt the
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Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R. No. 19-25) proceedings and permit the mover to make his motion. The motion shall be decided without debate and be put to vote as soon as made. The motion, if adopted, shall remain in effect until adjournment or the call of the Congress is removed by action of the Speaker, subject to appeal to the Congress. The Speaker may order a call of the Congress, subject to appeal to the Congress. (g) A Member may move to remove a bill or resolution from the table at an appropriate time in the order of business of the Congress. The motion shall be decided without debate and shall be put to vote as soon as made. (h) A Member may move to suspend one or more sections or paragraphs of the Rules. Such a motion shall state the specific purpose to be accomplished by suspension of the Rules and the specific sections or paragraphs of the Rules which shall be suspended. When a Member moves for suspension of the Rules, the Speaker shall permit the mover to make his motion. The motion shall be decided without debate and shall be put to vote as soon as made, and shall require an affirmative vote by two-thirds of the Members present for adoption. Any suspension of the Rules shall terminate when the specific purpose to be accomplished by suspension of the Rules has been disposed of by the Congress.
Section 6. Motion to reconsider. When a main motion has been made once and carried in the affirmative or negative, it shall be in order for any Member of the Congress to move to reconsider it on the same or succeeding days of the session. Such motion shall take precedence over all other motions except a motion to adjourn or to recess or a motion to recall. The motion shall be decided without debate and shall be put to a vote as soon as made. The motion to reconsider shall be deemed to have passed if the number of affirmative votes equals or exceeds the number required for passage of the main motion being reconsidered. When a motion for reconsideration has been decided, a second motion for reconsideration of the same question shall not be in order.
Section 7. Motion to recall. When a bill, or other matter upon which a vote has been taken has passed out of the possession of the Congress and has been transmitted to the President of the Federated States of Micronesia, it shall be in order for any Member of the Congress to move for recall of the bill, resolution, or other matter by requesting the President to return the bill, resolution, or other matter to the Congress, and such motion shall take precedence over all motions except a motion to adjourn or to recess. The motion shall be decided without a debate and shall be put to vote as soon as made. An affirmative vote of three State delegations is required to recall a bill. When a motion for recall has been decided and defeated, a second motion for recall of the same bill shall not be in order. If the motion for recall is adopted and the bill, resolution, or other matter returned as requested, it shall then be before the Congress for reconsideration in the regular order of business.
Section 8. Previous question. A Member may move to the previous question, provided that the Speaker first ascertains that an opportunity to speak on the question has been provided to at least one Member in each of the State delegations. The motion for the previous question shall be decided without debate and shall be put to vote as soon as made. The adoption of the motion shall require a majority of the entire membership of the Congress. The adoption of the motion for the previous question shall close debate and require the Speaker to put the previous
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Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R. No. 19-25) question before the Congress for a vote.
RULE 10. VOTING. Section 1. Methods of voting. There shall be four methods of voting: (a) By voice vote; (b) By the raising of hands; (c) By secret ballot; and (d) By call of the roll of the Members and recording of the vote of each Member by the Clerk.
Section 2. Choice of method of voting. The Speaker may designate the method of voting to be followed by the Congress in determining a question, subject to the provisions of this rule. Section 3. Voice vote. Voice vote shall be the usual and ordinary method of voting in the Congress. Whenever the Congress shall be ready to vote on any question, the Speaker shall state the question. He shall then request all those in favor of the motion to vote “Aye” in a clear, loud voice. The Speaker shall then request all those opposed to the motion to vote “No” in a clear, loud voice. The Speaker shall then announce the results of the vote to the Congress. Section 4. Raising of hands. If the Speaker so determines, the vote shall be by the raising of hands. The Speaker shall state the question. He shall then call upon those in favor of the motion to raise their right hands. The Clerk shall count the number of hands raised and report to the Speaker. The Speaker shall then call upon those opposed to the motion to raise their right hands. The Clerk shall count the number of hands raised and report to the Speaker.
Section 5. Secret ballot. If three Members shall request a vote by secret ballot, the Speaker shall conduct such a vote, provided that at the time of such request, a roll call vote is not required or has not been requested. The Clerk shall distribute ballots to the Members, restate the question, and instruct those in favor of the motion to write “Yes” on their ballots and those opposed to write “No.” If a Member writes “Abstain” or makes any other mark on his ballot other than “Yes” or “No,” it shall be recorded as if he had written “Yes.” The Clerk shall collect and tally the ballots and report the results thereof to the Speaker who shall announce the results of the vote to the Congress. The ballots shall be available during the remainder of that day’s session for inspection by any Member.
Section 6. Call of the roll. If one-fifth of the Members present shall request a call of the roll or if such a call is required by these Rules or the applicable provisions of law, then the Speaker shall announce a call of the roll. The Speaker shall state the question calling upon those in favor of the motion to respond “Aye” when their names are called and those opposed to respond “No” when their names are called. The Clerk shall call the roll, recording the vote of each Member in the Journal. He shall inform the Speaker of the results of the call of the roll who shall, in turn, announce the results of the vote to the Congress.
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Section 7. Nonvoting. No Member present in the Congress shall refrain from voting unless excused in accordance with section 8 of this rule. A Member who is present who fails to respond to the call of his name upon a call of the roll shall be individually instructed by the Speaker to respond “Aye” or “Nay,” and if he still fails to vote, the Speaker shall order the Clerk to record his vote in the affirmative. No abstention from voting will be recognized. If, on a roll call vote, any Member responds “Abstain”, his vote will be recorded in the affirmative.
Section 8. Conflict of interest. No Member shall be permitted to vote upon any matter in which he has a distinct, individual, pecuniary interest or which will affect his right to a seat in the Congress or in a matter in which his individual conduct is involved. When any Member has a distinct, individual, pecuniary interest, which he believes might disqualify him from voting on a question, he shall stand and disclose such interest to the Congress. The Speaker shall thereupon rule as to whether the Member shall or shall not be disqualified from voting on the question, subject to appeal to the Congress.
Section 9. Change of vote. A Member shall not be allowed to vote or to change his vote after the announcement of the results of the vote by the Speaker, or after the collection of the ballots, if the vote is by secret ballot.
Section 10. Action of the Congress. Any action of the Congress shall require a majority of the vote of the Members present, a quorum being present, unless otherwise provided by these Rules.
Section 11. Call of roll on First Reading. The roll shall be called on the First Reading of a bill, which shall pass First Reading if two-thirds of all Members of the Congress vote in the affirmative. Section 12. Voting by State delegation on Second Reading. (a) Each State delegation is entitled to cast one vote on the Second Reading of a bill. An affirmative vote of three States is required to pass a bill on Second Reading. The Second Reading of a bill shall not take place on the same calendar day as the First Reading.
(b) The Speaker shall announce a call of the roll of each State delegation on the Second Reading of a bill. The chairman of each State delegation, or his designee, shall announce the vote of his delegation. The vote announced by the Chairman or his designee is final, except that any Member of the delegation may request a poll of the delegation. In the event a poll is requested, a majority of the Members of the delegation present cast votes in favor of the bill or equal numbers vote in favor and against the bill, the vote of the delegation shall be considered affirmative.
Section 13. Overriding a Presidential veto. Each State delegation shall cast one vote upon a vote when voting to override a Presidential veto. An affirmative vote of three States is required to override a veto. The procedures for casting delegation votes set forth in rule 10, section 12, shall be followed.
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Section 14. Other votes. (a) Approval of the following advice and consent nominations require a two- thirds vote of all Congress Members: (i) Approval of Presidential appointment of a Justice of the Supreme Court; (ii) Approval of Presidential appointment of an ambassador; (iii) Approval of Presidential appointment of principal officers in the National Government; and (iv) Approval of Presidential appointment of the Public Auditor. (b) The following actions may be taken by a vote of at least two-thirds of the Members of Congress: (i) Ratification of a treaty; (ii) Removal of the President, Vice President, or a justice of the Supreme Court for treason, bribery, or conduct involving corruption in office; (iii) Removal of the Public Auditor from office for cause; and (iv) Approval of appointment of the Legislative Counsel and the Chief Clerk by secret ballot. Resource: OFFICIAL RULES OF PROCEDURE, 19th FSMC, May 11, 2015 (C.R. No. 19-25, adopted 5/28/15)
Section 15. Actions of Congress requiring votes as specified in these Rules. No. Action Required Majority No. Rule 1. Quorum Eight Members 3 2. First Reading of bill Ten Members 10, section 11 3. Second Reading of bill Three State delegations 10, section 12 4. Overriding veto Three State delegations 10, section 13 5. Calling special session Written request of ten Members 1, section 2 6. Election of President Eight Members 1, section 15; and Vice President 1, section 16 7. Removal of Officers Ten Members 2, section 1 8. Suspend or expel Member Ten Members 4, section 12 9. Consent to appointment of Ten Members 10, section 14 ambassadors, principal executive officers, and the Public Auditor 10. Approval of appointment of Ten Members 10, section 14 Supreme Court Justices
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11. Removal of President, Vice Ten Members 10, section 14 President, and Supreme Court Justices 12. Removal of Public Auditor Ten Members 10, section 14 13. Ratification of treaty Ten Members 10, section 14 14. Adoption of previous question Eight Members 9, section 8 15. Move to previous question Eight Members 9, section 8 16. Amendment of Rules Eight Members 15 17. Withdrawal of measure from Majority of Members present 6, section 11 committee 18. Reading of a bill at length Six Members 8, section 8 19. Reading of a resolution Majority of Members present 8, section 9 20. Suspension of rules Ten Members 9, section 5 No. Action Required Majority No. Rule 21. Sustain appeals from rulings of Ten Members 4, section 8 Speaker 22. Dispense with reading of Journal Majority of Members present 13, section 2 23. Voting by secret ballot Three Members 10, section 5 24. Voting by call of the roll Three Members 10, section 6 25. Motion to reconsider a main Same majority as required for passage 9, section 6 motion of main motion 26. Closing committee meeting Majority of committee members 6, section 6 27. Adoption of committee report by Majority of committee members 6, section 9 committee 28. Requiring committee consideration Majority of committee members 6, section 10 of a matter referred to committee
29. All other actions Majority of Members present, a 10, section 10 quorum being present
Section 16. Secret ballot required. Voting shall be by secret ballot on all votes to approve advice and consent nominations, including, but not limited to, votes on Supreme Court justices, ambassadors, principal officers in the National Government, Public Auditor, and members of boards, commissions and authorities.
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RULE 11. WARRANTS, SUBPOENAS, OATHS, AND CONTEMPT. Section 1. Warrants, subpoenas, and oaths. (a) The Speaker, committee chairman, and other authorized Members may issue warrants, subpoenas, or other processes and administer oaths in accordance with 3 F.S.M.C. 401, et seq. Any witness neglecting or refusing to attend a session of the Congress or a committee meeting after being properly subpoenaed may be arrested by the Sergeant at Arms or any police officer of the National Government or any State government in the Federated States of Micronesia and brought before the Congress or a committee thereof, as the case may be. The Speaker may issue a warrant to carry into effect the orders of the Congress or any committee thereof, for the arrest of an offender. (b) The Speaker, committee chairmen, and other authorized Members may administer an oath to witnesses appearing before a committee of Congress. The oath should read substantially as follows: “I do solemnly swear that I will tell the whole truth and nothing but the truth in the deliberations before this committee of the Congress of the Federated States of Micronesia.”
Section 2. Contempt. Any person who shall be guilty of disrespect of the Congress by any disorderly or contemptuous behavior in its presence or before any of its committees, or who shall assault or detain any witness of the Congress or its committees, or who shall violate rule 12, section 4, shall be in contempt of the Congress. The Speaker may issue a warrant of arrest to the Sergeant at Arms or any police officer of the National Government or any State government in the Federated States of Micronesia for the arrest of a person found to be in contempt of the Congress.
RULE 12. ADMINISTRATION. Section 1. Attendance. The Speaker shall certify the attendance of Members at a session or upon official legislative business when the Congress is not in session for the purpose of establishing entitlement to per diem or other allowances.
Section 2. Employees. Employees of the Congress shall be appointed pursuant to law and the CFSM Administrative Manual.
Section 3. Papers of the Congress. At the end of each session all measures, petitions, and other papers referred to committees of the Congress shall be delivered by the chairmen thereof to the Clerk, together with all recorded evidence taken by such committees and documents and other pages submitted to them. The Clerk shall report any failures to comply with this rule to the Speaker.
Section 4. Confidential documents. The Speaker may declare any document or other paper which is the property of the Congress to be confidential, subject to an appeal to the Congress. If a document or other paper is declared confidential, the Clerk shall mark such document or other paper confidential and distribute it only to Members of the Congress and persons authorized by
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Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R. No. 19-25) the Speaker to view such confidential document or other paper, and to no other persons. No Member or other person shall show or distribute such confidential document or other paper to any person not authorized to view it.
RULE 13. THE JOURNAL.
Section 1. Maintaining the Journal. The Congress shall keep a Journal of its proceedings in English and shall compile and publish the Journal for each session of the Congress. The Journal of the session shall include the journals of the day compiled by the Clerk as defined in rule 2, section 5(c), the Official Rules of Procedure of the Congress, and the statements of Members appended to the journals of the day and may include such other matters as the Congress or the Speaker, subject to the action of the Congress, may direct. The Clerk shall keep note of all questions of order not specified in these Rules and decided under rule 1, section 11, or rule 4, section 8, and append them for publication in the Congressional Journal.
Section 2. Reading and correcting the Journal. The journal of each day shall be read the following day and shall be corrected and/or approved by vote of the Congress, provided that the Speaker shall correct and/or approve the journal of the last day of a session. The Congress, by majority vote of the Members present, may dispense with such reading. Subsequent to the approval of the journal of the day, the Clerk, with the permission of the Speaker, may make non- substantive corrections therein, including such matters as spelling of words and grammatical construction of sentences.
Section 3. Appending explanations to the Journal. Each Member shall have the right to append to the journal of the day a statement explaining his vote on any matter being voted upon that day, including his vote on a bill on First Reading or Second Reading. Such a statement or statements shall not exceed in total 300 words in a single day and shall be submitted to the Clerk on the day in which the action occurs. The statement may be in English or in both English and the native language of the Member or of his constituents.
RULE 14. SPECIAL SESSIONS. For the purposes of rule 8 of these Rules, special sessions of the Congress of the Federated States of Micronesia shall be treated as regular sessions. Bills and resolutions introduced during a special session shall be numbered consecutively, starting with the number following the last number used in the last preceding session of the Congress for such bills or resolutions. At any session, including a special session, all measures shall retain the status which they had at the close of the last preceding session of a Congress, until acted upon during such session. It shall not be necessary to repeat any step in the legislative procedure already accomplished in any previous session of the same Congress.
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Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R. No. 19-25)
RULE 15. AMENDMENT OF THE RULES.
The Official Rules of Procedure of the Congress shall not be amended in any way or manner without a day’s notice being given of the motion to amend the Rules by the Member proposing to do so. The giving of notice shall consist of: (a) Submitting a written copy of the proposed amendment to the Speaker; and (b) Distributing a copy of the proposed amendment to the Members in session. An amendment to the Rules shall be deemed adopted when approved by a majority vote of the total membership of the Congress. Suspension of the Rules shall not constitute an amendment of the Rules.
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Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R. No. 19-25)
NINETEENTH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIRST REGULAR SESSION, 2015 C.R. No. 19-25
A RESOLUTION To amend section 14 of rule 10 of the Official Rules of Procedure of the Nineteenth Congress of the Federated States of Micronesia, by adding a sub-subsection (iv) to subsection (b) to include appointment of the Chief Clerk and Legislative Counsel by secret ballot .
WHEREAS, the Congress of the Federated States of Micronesia is governed by its 1 Official Rules of Procedure; and 2 WHEREAS, rule 15 of the Official Rules of Procedure stipulates that a motion is required to 3 amend the said rules; and 4 WHEREAS, a Congressional Resolution is a transparent and open mechanism for an amendment 5 to the Official Rules of Procedure; and 6 WHEREAS, the Members of the Nineteenth Congress of the Federated States of Micronesia 7 desire to add a sub-subsection (iv) to subsection (b) to require that the appointment of the Chief 8 Clerk and Legislative Counsel to be by at least two-thirds vote of the Members of Congress and 9 by secrete ballot; now, therefore, 10 BE IT RESOLVED by the Nineteenth Congress of the Federated States of Micronesia, First 11 Regular Session, 2015, that section 14 of rule 10 of the Official Rules of Procedure of the 12 Nineteenth Congress of the Federated States of Micronesia is amended to read as follows: 13 “Section 14. Other votes. 14 (a) Approval of the following advice and consent nominations require a two- 15 thirds vote of all Congress members: 16 (i) Approval of Presidential appointment of a Justice of the Supreme Court; 17 (ii) Approval of Presidential appointment of an ambassador; 18 (iii) Approval of Presidential appointment of principal officers in the National 19 government; and 20
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C.R. No. 19-25
(iv) Approval of Presidential appointment of the Public Auditor. 1 (b) The following actions may be taken by a vote of at least two-thirds of the 2 Members of Congress: 3 (i) Ratification of a treaty; 4 (ii) Removal of the President, Vice President, of a justice of the Supreme Court 5 for treason, bribery, or conduct involving corruption in office; 6 (iii) Removal of the Public Auditor for cause; and 7 (iv) Approval of appointment of the Legislative Counsel and the Chief Clerk by 8 secret ballot.”; and 9 BE IT FURTHER RESOLVED that a certified copy of this resolution be transmitted to the 10 President of the Federated States of Micronesia. 11 12 ADOPTED: May 28, 2015 /s/ Wesley W. Simina 13 Wesley W. Simina Speaker 14 FSM Congress 15 16 ATTEST: /s/ Liwiana Ramon Ioanis 17 Liwiana Ramon Ioanis Chief Clerk 18 FSM Congress 19 20 21 22 23 24
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20th CONGRESS of the Federated States of Micronesia
FIFTH REGULAR SESSION
INDEX OF LEGISLATION
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I N D E X CONGRESSIONAL BILLS Twentieth Congress of the Federated States of Micronesia FIFTH REGULAR SESSION-2018 CB No. Short Title as Introduced SCR No. Page No. C.B. No. To further amend title 55 of the Code of the Federated States of SCR. No. 144, 164, 174, 20-118 Micronesia (Annotated), as amended, by inserting a new section 20-86 175, 190, 191, 1209 A, to vest all powers of the FSM Trust Fund Board of Directors 9/26/18 192, 338-339, in the President of the Federated States of Micronesia while the 458 Board of the FSM Trust Fund is not constituted, subject to certain conditions, and for other purposes. (Figir) C.B. No. To further amend section 1208 of title 55 of the Code of the SCR. No. XI, 144, 165, 20-127 Federated States of Micronesia (Annotated), as enacted by Public 20-87 175, 176, 192, Law No. 10-150 and as amended by Public Law No. 18-74, to change 9/26/18 193, 199, 200, the composition of the Board of Trustees of the FSM Trust Fund, and 201, 210, 340- for other purposes. (Simina) 341, 458 C.B. No. To amend section 3 of Public Law No. 15-70, to change the SCR. No. 144, 176, 177, 20-130 qualification requirements for the two representatives for the FSM 20-88 193, 198, 229 Government to the Joint Trust Fund Committee, and for other 9/26/18 purposes. (Simina) C.B. No. To amend title 52 of the Code of the Federated States of Micronesia 35, 110, 202, 20-151 (Annotated), as amended, by adding a new section 212, to provide 204, 205, 229 for Eligibility for Housing Allowance for Off-island Recruits for Public Service Sector positions within the National Government of the Federated States of Micronesia, and for other purposes. (Romolow) C.B. No. To amend Public Law No. 19-89, as amended by Public Laws Nos. 157, 159, 173, 20-177 19-94, 19-127, 19-151, 19-159, 20-06 and 20-32, by amending 174, 189 section 6 thereof, to change the lapse date of funds previously appropriated therein, for the purpose of funding public projects and social programs in each of the states, and for other purposes. (Perman) C.B. No. To further amend Public Law No. 19-121, as amended by Public W/Placed IX, 36, 37, 57, 20-180 Laws Nos. 19-130, 19-142, 20-09, 20-22, 20-51, 20-59 and 20-70, 9/18/18 58, 458 by amending section 6 thereof, to change the lapse date of funds previously appropriated therein, for the purpose of funding public projects and social programs for the people of the states of Yap, Kosrae, Pohnpei and Chuuk, and for other purposes. (Perman) C.B. No. To amend title 25 of the Code of the Federated States of Micronesia W/Placed 99, 100 20-183 (Annotated), as amended, by adding a new section 309, to provide 9/20/18 for the banning of the importation of Styrofoam and plastic cups, plates and individual food containers, and plastic shopping bags, and for other purposes. (Perman) C.B. No TO FURTHER AMEND PUBLIC LAW NO. 19-121, AS AMENDED BY PUBLIC 9/18/18 IX, 36, 37, 57, 20-180 LAWS NOS. 19-130, 19-142, 20-09, 20-22, 20-51, 20-59 AND 20-70, BY AMENDING 58, 458 SECTION 6 THEREOF, TO CHANGE THE LAPSE DATE OF FUNDS PREVIOUSLT APPROPRIATED THEREIN, FOR THE PURPOSE OF FUNDING PUBLIC PROJECTS AND SOCIAL PROGRAMS FOR THE PEOPLE OF THE STATES OF YAP, KOSRAE, POHNPEI AND CHUUK, AND FOR OTHER PURPOSES. (Perman)
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C.B. No. Short Title as Introduced (continued Bills 20FSMC.5RS pg. 2) SCR No. Page No. C.B. No TO FURTHER AMEND TITLE 55 OF THE CODE OF THE FEDERATED SCR. No. IX, 269, 459 20-198, STATES OF MICRONESIA (ANNOTATED), AS AMENDED BY ADDING 20-69 CD3 A NEW SECTION 1222 FOR THE PURPOSE OF REQUIRING TWENTY 9/20/18 PERCENT (20%) OF ALL NATIONAL GOVERNMENT FISHING FEES COLLECTED IN A FISCAL YEAR TO BE DEPOSITED INTO THE FSM TRUST FUND, AND TO FURTHER AMEND SECTIONS 1015, 1017 AND 1019 OF TITLE 37 ADD A NEW SECTION 324 OF TITLE 54 OF THE CODE OF THE FEDERATED STATES OF MICRONESIA (ANNOTATED), AS AMENDED, BY PUBLIC LAW NO. 18-71, FOR THE PURPOSE OF REQUIRING ONE HUNDRED (100%) FIFTY PERCENT (50%) OF THE TAX ON ALL PREMIUMS COLLECTED FROM CAPTIVE INSURANCE COMPANIES IN A FISCAL YEAR TO BE DEPOSITED INTO THE FSM TRUST FUND, AND FOR OTHER PURPOSES. (Figir) C.B.No. TO AMEND PUBLIC LAW NO. 20-31, AS AMENDED BY PUBLIC LAWS w/placed IX, 459 20-266 NOS. 20-41, 20-50 AND 20-77, BY AMENDING SECTION 3 THEREOF, TO 6/8/18 CHANGE THE USE OF FUNDS PREVIOUSLY APPROPRIATED THEREIN, TO FUND PUBLIC PROJECTS AND SOCIAL PROGRAMS FOR THE PEOPLE OF KOSRAE STATE, AND FOR OTHER PURPOSES. (Welly) C.B. No TO FURTHER AMEND PUBLIC LAW NO. 19-64, AS AMENDED BY w/placed IX. 459 20-227, PUBLIC LAWS 19-81, 19-97, 19-120, 19-137, 20-29 AND 20-86, BY 8/6/18 CD1 AMENDING SECTIONS 1 AND 2 THEREOF, TO CHANGE THE USE AND ALLOTTEE OF FUNDS PREVIOUSLY APPROPRIATED THEREIN, FOR THE PURPOSE OF FUNDING PUBLIC PROJECTS AND SOCIAL PROGRAMS IN THE STATE OF POHNPEI, AND FOR OTHER PURPOSES. (Neth) C.B. No TO AMEND PUBLIC LAW NO. 20-93, BY AMENDING SECTIONS 1 AND w/placed IX. 459 20-228, 2 THEREOF, TO CHANGE THE USE OF AND ALLOTTEE OF FUNDS 8/6/18 CD1 PREVIOUSLY APPROPRIATED THEREIN, TO FUND PRIORITY INFRASTRUCTURE PROJECTS AND OTHER PUBLIC PROJECTS AND SOCIAL PROGRAMS IN THE STATE OF KOSRAE, AND FOR OTHER PURPOSES. (Welly) C.B. No TO AMEND SECTIONS 1, 3 AND 9 OF PUBLIC LAW NO. 20-42, AS w/placed IX, 27, 36, 20-230, AMENDED BY PUBLIC LAWS NOS. 20-54, 20-64, 20-67, 20-83, 20-94 AND 9/18/18 37, 44, 58, CD3 20-103, IN ORDER TO APPROPRIATE $70,320,000 OF ADDITIONAL 64, 65, 91, FUNDS FROM THE GENERAL FUND OF THE FEDERATED STATES OF 92, 93, 459 MICRONESIA FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2018, AND FOR OTHER PURPOSES. (Simina) C.B. No TO AMEND PUBLIC LAW NO. 20-92, BY AMENDING SECTION 6 w/placed IX, 27, 36, 20-231, THEREOF, FOR THE PURPOSE OF CHANGING THE ALLOTTEE OF 9/18/18 38, 39, 44, CD1 FUNDS PREVIOUSLY APPROPRIATED THEREIN, TO FUND PUBLIC 66, 67, 459 PROJECTS AND SOCIAL PROGRAMS FOR THE PEOPLE OF YAP STATE, AND FOR OTHER PURPOSES. (Urusemal) C.B. No. TO AMEND TITLE 20 OF THE CODE OF THE FEDERATED STATES OF 27, 44, 459 MICRONESIA (ANNOTATED), BY CREATING A NEW CHAPTEER 15, IN 20-232 ORDER TO ESTABLISH RULES ON COMPETITION AND ANTI- DUMPTING IN AIR SERVICES, AND FOR OTHER PURPOSES. (Harper by request) C.B. No. TO APPROPRIATE THE SUM OF $80,000,000 FROM THE GENERAL 27, 44, 459 FUND OF THE FEDERATED STATES OF MICRONESIA FOR THE 20-233 FISCAL YEAR ENDING SEPTEMBER 30, 2018, FOR THE PURPOSE OF CONTRIBUTING ADDITIONAL FUNDS TO THE FSM TRUST FUND, AND FOR OTHER PURPOSES. (Harper by request) C.B. No. TO APPROPRIATE THE SUM OF $7,000,000 FROM THE GENERAL FUND w/placed IX, 27, 36, 20-234, OF THE FEDERATED STATES OF MICRONESIA FOR THE FISCAL 9/18/18 39, 44, 67, YEAR ENDING SEPTEMBER 30, 2018, FOR THE PURPOSE OF FUNDING 68, 81, 82, CD1 PUBLIC PROJECTS AND SOCIAL PROGRAMS FOR THE PEOPLE OF 87, 89, 90, YAP, KOSRAE, POHNPEI AND CHUUK STATES, AND FOR OTHER 98, 459 PURPOSES. (Gouland)
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C.B. No. Short Title as Introduced (continued Bills 20FSMC.5RS pg. 3) SCR No. Page No. C.B. No. TO FURTHER AMEND SECTION 12 OF PUBLIC LAW 19-118, AS w/placed IX, 27, 36, 39, AMENDED BY PUBLIC LAWS NOS. 19-125, 19-135, 20-01, 20-14, 20-23, 20-235 9/18/18 44, 67, 68, 81, 20-40, 20-46 AND 20-74, TO CHANGE THE ALLOTTEE FOR A CERTAIN 82, 87, 89, 90, LINE ITEM FOR CHUUK STATE, AND FOR OTHER PURPOSES. 98, 460 (Gouland) C.B. No. TO AMEND SECTIONS 102 AND 109 OF TITLE 40 OF THE CODE OF THE 27, 45, 460 FEDERATED STATES OF MICRONESIA (ANNOTATED) AS AMENDED, 20-236 FOR THE PURPOSE OF CLARIFYING THE AUTHORITY OF THE SECRETARY OF EDUCATION TO REGULATE THE CREATION, FORMATION AND OPERATION OF PRIVATE SCHOOLS IN THE FEDERATED STATES OF MICRONESIA IN THE INTEREST OF PUBLIC SAFETY AND CONVENIENCE, AND FOR OTHER PURPOSES. (Harper by request) C.B. No. TO AMEND PUBLIC LAW NO. 20-93, AS AMENDED BY PUBLIC LAWS w/placed X, 28, 45, NOS. 20-93 AND 20-120, BY AMENDING SECTION 1 THEREOF, TO 20-237 9/19/18 71,73, 94, 95, CHANGE THE USE OF FUNDS PREVIOUSLY APPROPRIATED 460 THEREIN, TO FUND PRIORITY INFRASTRUCTURE PROJECTS AND OTHER PUBLIC PROJECTS AND SOCIAL PROGRAMS IN THE STATE OF KOSRAE, AND FOR OTHER PURPOSES. (Welly) C.B. No. TO APPROPRIATE THE SUM OF $200,000 FROM THE GENERAL FUND w/placed X, 36, 40, 41, 20-238 OF THE FEDERATED STATES OF MICRONESIA FOR THE FISCAL 9/18/18 45, 56, 68, 69, YEAR ENDING SEPTEMBER 30, 2018, FOR THE PUPOSE OF FUNDING 460 RELIEF EFFORTS IN GUAM AND SAIPAN DUE TO DAMAGES CAUSED BY TYPHOON MANGKHUT, AND FOR OTHER PURPOSES. (Simina) C.B. No. TO FURTHER AMEND PUBLIC LAW NO. 19-54, AS AMENDED BY w/placed X, 36, 41, 20-239 PUBLIC LAWS NOS. 19-62, 19-75, 19-79, 19-99, 19-119 AND 20-04, BY 9/18/18 42, 45,56, AMENDING SECTION 6 THEREOF, TO CHANGE THE LAPSE DATE OF 69, 460 FUNDS PREVIOUSLY APPROPRIATED THEREIN, AND FOR OTHER PURPOSES. (Welly) C.B. No. TO FURTHER AMEND PUBLIC LAW NO. 19-60, AS AMENDED BY w/placed X, 36, 42, PUBLIC LAWS NOS. 19-71, 19-80, 19-103, 19-148, 19-165 AND 20-30, BY 20-240 9/18/18 43, 56, 69, AMENDING SECTION 6 THEREOF, TO CHANGE THE LAPSE DATE OF 70, 112, 460 CERTAIN FUNDS PREVIOUSLY APPROPRIATED THEREIN TO FUND ESSENTIAL GOVERNMENT FUNCTIONS, PROGRAMS, PROJECTS AND ACTIVITIES IN EACH OF THE STATES, AND FOR OTHER PURPOSES. (Welly) C.B. No. TO FURTHER AMEND PUBLIC LAW NO. 17-59, AS AMENDED BY w/placed X, 36, 43, 20-241 PUBLIC LAWS NOS, 17-63, 17-66, 17-70, 17-77, 17-86, 18-21, 18-29, 18-64, 9/18/18 56, 70, 71, 18-83, 19-18 AND 19-113, BY AMENDING SECTION 6 THEREOF, FOR 112, 460 THE PURPOSE OF CHANGING THE LAPSE DATE OF CERTAIN FUNDS PREVIOUSLY APPROPRIATED THEREIN, AND FOR OTHER PURPOSES. (Welly) C.B. No. TO FURTHER AMEND PUBLIC LAW NO. 20-53, AS AMENDED BY w/placed X, 56, 73, 4, 20-242 PUBLIC LAWS NOS. 20-57, 20-61, 20-69, 20-91 AND 20-96, BY 9/19/18 95, 96, 112, AMENDING SECTIONS 3 AND 5 THEREOF, TO CHANGE THE USE AND 460 ALLOTTEE OF FUNDS PREVIOUSLY APPROPRIATED THEREIN, FOR THE PURPOSE OF FUNDING PRIORITY INFRASTRUCTURE PROJECTS AND OTHER PROJECTS AND PROGRAMS IN THE STATE OF POHNPEI, AND FOR OTHER PURPOSES. (Panuelo) C.B. No. TO FURTHER AMEND PUBLIC LAW NO. 20-53, AS AMENDED BY 56, 112, 460 20-243 PUBLIC LAWS NOS. 20-57, 20-61, 20-69, 20-91 AND 20-96, BY AMENDING SECTIONS 3 AND 5 THEREOF, TO CHANGE THE USE AND ALLOTTEE OF FUNDS PREVIOUSLY APPROPRIATED THEREIN, FOR THE PURPOSE OF FUNDING PRIORITY INFRASTRUCTURE PROJECTS AND OTHER PROJECTS AND PROGRAMS IN THE STATE OF POHNPEI, AND FOR OTHER PURPOSES. (Harper by request)
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C.B. No. Short Title as Introduced (continued Bills 20FSMC.5RS pg. 4) SCR No. Page No. C.B. No. TO AMEND SECTIONS 1 AND 9 OF PUBLIC LAW NO. 20-42, AS 80, 113, 461 20-244 AMENDED BY PUBLIC LAWS NOS. 20-54, 20-64, 20-67, 20-83 AND 20- 103, IN ORDER TO APPROPRIATE $4,470,000 OF ADDITIONAL FUNDS FROM THE GENERAL FUNDS OF THE FEDERATED STATES OF MICRONESIA FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2018, AND FOR OTHER PURPOSES. (Harper by request) C.B. No. TO AMEND TITLE 52 OF THE CODE OF THE FEDERATED STATES OF X, 109, 113, 20-245 MICRONESIA (ANNOTATED), AS AMENDED, BY CREATING FOR A 461 NEW CHAPTER 6, TO CREATE A NATIONAL EMPLOYEE'S RETIREMENT SAVINGS PLAN, AND FOR OTHER PURPOSES. (Perman) C.B. No. To award a seven percent (7%) increase in the annual salary for all full-time SCR. No. 122, 124, 136, 20-246, employees of the Federated States of Micronesia’s National Government Public 20-99 208, 220, 365- Service System [who have been employed for more than 4 years], and for other 9/28/18 367, 461 CD1 purposes. (Perman) C.B. No. To amend Public Law No. 20-125, by amending sections 4 and 6 thereof, by w/placed 139, 140, 141, 20-247 changing the use and allottee of certain funds previously appropriated therein to 9/25/18 142, 146, 152, fund public projects and social programs for the people of the state of Pohnpei, 153, 156, 157, and for other purposes. (Moses) 461 C.B. No. To appropriate $64,819,927 from the General Fund of the Federated States of SCR. No. X, 133, 135, 20-248 Micronesia for the fiscal year ending September 30, 2019, to provide funding for 20-84 136, 137, 138, the operations of all branches of the National Government of the Federated States 9/25/18 139, 140, 148, of Micronesia, its agencies, various programs, grants, subsidies and 151, 235, 329- contributions and Capital and Human Resources Development, and for other 333, 461 purposes. (Figir) C.B. No. To appropriate the sum of $14,000,000 from the General Fund of the Federated w/placed 146, 178, 179, 20-249, States of Micronesia for the fiscal year ending September 30, 2019, for the 9/27/18 180, 182, 183, purpose of funding priority infrastructure projects and other projects and CD1 194, 195, 201, programs in the states of Yap, Kosrae, Pohnpei and Chuuk, and for other 222, 223, 228, purposes. (Panuelo) 235, 461 C.B. No. Directing the President of the Federated States of Micronesia, or his designee, w/placed 146, 158, 159, 20-250 that in accordance with section 2 of Article XIV of the Constitution of the 9/26/18 172, 188, 235, Federated States of Micronesia that at least every ten years the question: “Shall 245, 247, 248, there be a convention to revise or amend the Constitution?” be submitted to the 461 people in a general election, such question shall be submitted to the people in the general election to be held on March 5, 2019, as was submitted in 2001, and for other purposes. (Gouland) C.B. No. To further amend sections 1015 and 1019 of title 37 of the Code of the Federated 171, 236, 461 20-251 States of Micronesia (Annotated), as enacted by Public Law No. 18-71, for the purpose of requiring ninety percent (90%) of the tax on all premiums collected from captive insurance companies in a fiscal year to be deposited into the FSM Trust Fund, and for other purposes. (Figir) C.B. No. To further amend section 12 of Public Law No. 20-42, as amended by Public 171, 236, 461 20-252 Law Nos. 20-64, 20-67, 20-83, 20-94 and 20-103 to designate a new allottee for a certain line item, and for other purposes. (Gouland) C.B. No. To further amend Public Law No. 19-124, as amended by Public Laws Nos. 19- 236, 461 133, 19-140, 19-150, 20-05, 20-15, 20-33, 20-48, 20-63 and 20-71, by amending 20-253 section 4 thereof, to change the use of certain funds previously appropriated therein, to fund priority infrastructure projects and other programs in the state of Pohnpei, and for other purposes. (Neth) C.B. No. To renumber the sections created by Public Law No. 20-130 and to clarify the w/placed 198, 199, 221, source of the funds deposited into the FSM Trust Fund pursuant to the new 20-254 9/28/18 229, 230, 231, section of title 54 of the Code of the Federated States of Micronesia (Annotated), 236, 461 as amended, and for other purposes. (Figir)
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I N D E X CONGRESSIONAL RESOLUTIONS Twientieth Congress of the Federated States of Micronesia FIFTH REGULAR SESSION-2018 C.R. No. Short Title as Introduced SCR No. Page No. C.R. No. Approving and adopting the Protected Areas Network National Guiding SCR. No. 144, 165, 210, 20-87 Policy Framework for the National Government of the Federated States of 20-85 334-337, 462 Micronesia. (Urusemal by request) 9/26/18 C.R. No. To confirm the nomination of Mr. Jesse John Salalu to serve as a member SCR. No. 207, 213, 214, 20-121 of the Board of Regents for the College of Micronesia - FSM, representing 20-97 216, 361-361, the state of Yap. (Urusemal by request) 9/28/18 462 C.R. No. Approving and accepting a grant in the amount of $922,587 from the U.S. SCR. No. 133, 209, 210, 20-124 Department of Education, Division of Special Education Program, for the 20-83 234, 235, 327- Federal Fiscal Year 2018 fund under Part B of the Individual with 9/23/18 328, 462 Disabilities Education Act (IDEA), including all the terms and conditions of the assistance. (Urusemal by request) C.R.No. TO CONFIRM THE NOMINATION OF MR. TULENSRU E. WAGUK TO SERVE SCR. No. 28, 46, 207, 20-126 AS A MEMBER OF THE BOARD OF REGENTS FOR THE COLLEGE OF 20-98 214, 215, 217, MICRONESIA-FSM, REPRESENTING THE STATE OF KOSRAE. 9/28/18 363-364, 462 (Harper by request) C.R.No. APPROVING AND ACCEPTING A GRANT IN THE AMOUNT OF $950,624 SCR. No. XI, 25, 46, 20-127 FROM THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, 20-89 186, 210, 211, SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION, 9/27/18 344-345, 462 TO SUPPORT THE PROJECT ENTITLED: "FSM DEPARTMENT OF HEALTH AND SOCIAL AFFAIRS SPF-PFS PROJECT." (Harper by request) C.R.No. SETTING THE CEILING OF THE TOTAL FUNDS ESTIMATED TO BE w/placed XI, 25, 26, 20-128 AVAILABLE FOR APPROPRIATION FROM THE GENERAL FUND OF THE 9/18/18 46,56, 462 FEDERATED STATES OF MICRONESIA FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2018. (Figir) C.R.No. APPROVING AND ACCEPTING A GRANT IN THE AMOUNT OF $128,625 SCR. No. XI, 109, 113, 20-129 FROM THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, 20-90 169, 187, 211, HEALTH RESOURCES AND SERVICES ADMINISTRATION, TO FUND THE 9/27/18 345-346, 462 FSM MATERNAL AND CHILD HEALTH PROGRAM, INCLUDING ALL THE TERMS AND CONDITIONS OF THE ASSISTANCE. (Harper by request) C.R.No. APPROVING AND ACCEPTING A GRANT IN THE AMOUNT OF $147,000 SCR. No. XI, 109, 113, 20-130 FROM THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, 20-91 140, 165, 170, HEALTH RESOURCES AND SERVICES ADMINISTRATION, TO FUND THE 9/27/18 187, 211, 348- FSM MATERNAL AND CHILD HEALTH PROGRAM IN THE FSM, INCLUDING 349, 462 ALL THE TERMS AND CONDITIONS OF THE ASSISTANCE. (Harper by request) C.R.No. APPROVING AND ACCEPTING A GRANT IN THE AMOUNT OF $693,970 SCR. No. XI, 109, 113, 20-131 FROM THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES 20-92 187, 212, 350- CENTERS FOR DISEASE CONTROL AND PREVENTION, TO FUND AND 9/17/18 351, 462 SUPPORT THE FSM PUBLIC HEALTH AND HEALTHCARE EMERGENCY PREPAREDNESS PROJECT, INCLUDING ALL THE TERMS AND CONDITIONS OF THE ASSISTANCE. (Harper by request) C.R.No. EXPRESSING SUPPORT OF FEDERATED STATES OF MICRONESIA'S 110, 114, 462 20-132 FORMAL APPLICATION FOR MEMBERSHIP IN THE WESTERN INTERSTATE COMMISSION FOR HIGHER EDUCATION. (Harper by request) C.R.No. APPROVING AND ACCEPTING A GRANT FROM THE UNITED NATIONS SCR. No. XI, 110, 114, 20-133 DEVELOPMENT PROGRAM (UNDP) IN THE AMOUNT OF $290,386, TO FUND 20-93 206, 212, 352- AND SUPPORT THE GLOBAL FUND PROJECT FOR HIV/TB IN THE FSM, 9/27/18 353, 462 INCLUDING ALL THE TERMS AND CONDITIONS OF THE ASSISTANCE. (Harper by request)
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C.R. No. Short Title as Introduced (continued Resolutions 20FSMC.5RS pg. 2) SCR No. Page No. C.R.No. APPROVING AND ACCEPTING A GRANT IN THE AMOUNT OF $160,875 SCR. No. XI, 114, 170, 20-134 FROM THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, 20-94 206, 213, 354- HEALTH RESOURCES AND SERVICES ADMINISTRATION, TO FUND THE 9/27/18 355, 463 UNIVERSAL NEWBORN HEARING SCREENING AND INTERVENTION PROJECT IN THE FSM, INCLUDING ALL THE TERMS AND CONDITIONS OF THE ASSISTANCE. (Harper by request) C.R.No. Setting the ceiling of the total funds estimated to be available for appropriation from w/placed XI, 131, 132, 20-135 the General Fund of the Federated States of Micronesia for the fiscal year ending 9/25/18 146, 236, 463 September 30, 2019. (Figir) C.R.No. Approving and accepting a grant in the amount of $1,437,107 from the U.S. SCR. No. XII, 146, 208, 20-136 Department of Health and Human Services, Centers for Disease Control and 20-100 215, 237, 328, Prevention, including all the terms and conditions of the assistance. (Harper by 9/28/18 369, 463 request) C.R.No. Approving and accepting a grant in the amount of $666,397 from the U.S. Department SCR. No. XII, 146, 170, 20-137 of Health and Human Services, Substance Abuse and Mental Health Services 20-96 207, 213, 237, Administration, to provide funding to the Federated States of Micronesia, Department 9/27/18 359-360, 463 of Health and Social Affairs for prevention and treatment services related to substance abuse for the budget period from October 01, 2018, to September 30, 2019, including all the terms and conditions of the assistance. (Harper by request) C.R.No. Expressing the sincere gratitude and appreciation to Ms. Allison M. Laffen for her w/placed XII, 232, 234, 20-138 dedicated service as staff attorney to the Congress Federated States of Micronesia. 10/1/18 463 (Figir) C.R.No. Approving and accepting a non-project grant aid from the Government of Japan in the 221, 237, 463 20-139 in the amount of 200,000,000 Japanese Yen, to the Government of the Federated States of Micronesia, for the promotion of economic and social development programs, including all the terms and conditions of the assistance. (Harper by request) C.R.No. Approving and accepting a grant in the amount of $240,000 from the U.S. Department w/placed XII, 221, 231, 20-140 of Health and Human Services, Public Health Services, to support and fund the FSM 10/1/18 232, 237, 463 Family Planning Program, including all the terms and conditions of the assistance. (Harper by request) C.R.No. Authorizing the President to resubmit the nomination of Mr. Tulensru E. Waguk to w/placed XII, 231, 232, 20-141 serve as a member of the Board of Regents of the College of Micronesia-FSM, 10/1/18 233, 242,250, representing the state of Kosrae. (Moses) 463 C.R.No. To confirm the nomination of Dr. Elizabeth Iehsi Keller to serve as a member of the 242, 250, 463 20-142 FSM MiCare Board of Directors representing the state of Pohnpei. (Harper by request) C.R.No. To confirm the nomination of Mr. Grilly Jack to serve as a member of the National 242, 251, 463 20-143 Oceanic Resource Management Authority (NORMA) Board of Directors, representing the National Government. (Harper by request)
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