JOURNAL
FIFTH SPECIAL SESSION
TWENTIETH CONGRESS of the Federated States of Micronesia
PALIKIR, POHNPEI August 2015 PALIKIR, POHNPEI
Convened on Thursday, August 02, 2018 Adjourned on Tuesday, August 07, 2018
JOURNAL
FIFTH SPECIAL SESSION
TWENTIETH CONGRESS
OF THE
FEDERATED STATES OF MICRONESIA
August 2018
PALIKIR, POHNPEI
Convened on Thursday, August 02, 2018 Adjourned on Tuesday, August 07, 2018
Compiled by the Office of the Speaker And Printed by Good News Press – Kolonia, Pohnpei
Twentieth Congress of the Federated States of Micronesia
FIFTH SPECIAL SESSION August 2nd, 2018 thru August 7th, 2018 TABLE OF CONTENTS SECTION No. Page CERTIFICATION …………………… III ORGANIZATION Leadership and Membership …………………… IV Standing Committees …………………… V Congressional Offices …………………… VI SUMMARY OF LEGISLATION …………………… VII-IX
DAILY JOURNAL INDEX …………………… X-XI
DAILY JOURNAL …………………… 1-98
STANDING COMMITTEE REPORTS …………………… 99-106
SPECIAL COMMITTEE REPORTS ...... 107-110
COMMUNICATIONS Presidential Communications …………………… 111-115 FSM Supreme Court Communications …………………… 116-117 Member Communications …………………… 118-119 Departmental Communications …………………… 120-122 Agencies and Governmental Authorities …………………… 123-124 State Communications …………………… 125-126 State Supreme Court Communications …………………… 127-128 Municipal or Town Communications …………………… 129-130 Foreign Government Communications …………………… 131-132 Miscellaneous Communications …………………… 133-134 PRESIDENTIAL VETO MESSAGE …………………… 135-136 CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA ………… 137-151 OFFICIAL RULES AND PROCEDURES OF CONGRESS …………………… 152-184 INDEX OF LEGISLATION Congressional Bills …………………… 185-187 Congressional Resolutions …………………… 188
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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 Special
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 Special 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 Special Session August 2nd, 2018 thru August 7th, 2018
STANDING COMMITTEES
WAYS AND MEANS JUDICIARY AND GOVERNMENTAL OPERATIONS Isaac V. Figir, Chairman Robson U. Romolow, Chairman Victor V. Gouland Tiwiter Aritos David W. Panuelo (W&M Committee has Isaac V. Figir Ferny S. Perman no Vice-Chairman, Esmond B. Moses Robson U. Romolow 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 Alik L. Alik Florencio (Singkoro) Harper Tiwiter Aritos* Derensio S. Konman* Isaac V. Figir Ferny S. Perman Vicor V. Gouland Esmond B. Moses Derensio S. Konman Wesley W. Simina Esmond B. Moses Alik L. Alik
EXTERNAL AFFAIRS TRANSPORTATION AND COMMUNICATION Paliknoa K. Welly, Chairman Victor (Vicky) Gouland, Chairman Tiwiter Aritos Florencio (Singkoro) Harper Isaac V. Figir Ferny S. Perman Victor V. Gouland Dion G. Neth Dion G. Neth* Wesley W. Simina David W. Panuelo Alik L. Alik* Robson Romolow Joseph J. Urusemal
HEALTH AND SOCIAL AFFAIRS * -Committee Vice Chairman 1. Ferney S. Perman, Chairman 2. Alik L. Alik Congressional Delegations Leadership 3. Tiwiter Aritos Chuuk Delegation Chairman: Tiwiter Aritos 4. Florencio S. Harper Kosrae Delegation Chairman: Paliknoa K. Welly 5. Derensio S. Konman Pohnpei Delegation Chairman: David W. Panuelo 6. David W. Panuelo Yap Delegation Chairman: Joseph J. Urusemal 7. Joseph J. Urusemal
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TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA Fifth Special Session August 2nd, 2018 thru August 7th, 2018 OFFICE OF SPEAKER PERMANENT STAFF PUBLIC INFORMATION OFFICE Chief Clerk … Liwiana Ramon Ioanis Public Affairs & Protocol Officer... Lynn Narruhn Assistant Chief Clerk … Jessicalynn Reyes Public Information Officer .... Manuel Yoma Speaker’s Secretary .... Aldeha Edward Vice Speaker’s Secretary .... Consuelo Esiel Temporary Staff Floor Leader’s Secretary .... Moria Rufes Pages …… Akina Joseph Journal Clerk .... Shallane Suzumu …… Joanna Robert Sergeant-at-arms ... Duwarick Micky …… Donevaun Esiel …… Rita Mae Keller INFORMATION TECHOLOGY OFFICE …… Joyce Mathias IT Administrator .... Daystone Roby …… Rockson Hebel Webmaster/IT Specialist .... Jonah Hainrick …… Lance Mongkeya IT Specialist .... Shane Mackenzie …… Stephanie Edward …… Sharilynn Halbert
OFFICE OF LEGISLATIVE COUNSEL LEGISLATIVE COUNSEL PERMANENT STAFF Legislative Counsel ...... T. Lam Dang Secretary …… Rose Donre Staff Attorney ...... Alik Jackson Librarian …… Nercy Syne-Simina ...... Catherine Allen Asst. Librarian …… Vacant ...... Stephanie Ritland Archivist …… Mary Kilmete Proofreader …… Paul Womack
OFFICE OF ADMINISTRATION AND BUDGET OFFICE OF ADMINISTRATION OFFICE OF BUDGET Director of Administration …… Suda S. Rayel Budget Officer …Patrick Mackenzie Administrative Assistant …… Switer Sokin Asst. Budget Officer …Alfred Ansin Secretaries …… Antelina Zarred Budget & Finance Analyst …Vacant …… Elise A. Palsis Journal Proofreader …… Jeanda Redy Administrative Specialist …… Rerad Warren Administrative Clerk …… Leeroy Mike Chief of Maintenance …… Liperson Peles Building Maintenance …… Rosenty Nowell Building Maintenance (Temp) …. Isao Mark Building Maintenance (Temp) …. Peterlee Syne Custodian …… Justina Roby Custodian …… Jacky Mark Custodian …… Bihla Tume
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20th CONGRESS of the Federated States of Micronesia
FIFTH SPECIAL SESSION
Summary of Legislation
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SUMMARY OF BILLS Twentieth Congress of the Federated States of Micronesia FIFTH SPECIAL SESSION CLASSIFICATION Congressional Bills Introduced 11 Congressional Bills Enacted 2 Congressional Bills Disapproved 0
CONGRESSIONAL BILLS ENACTED DURING THE FIFTH SPECIAL SESSION Transmittal President' CB. No. Short Title Date s Action C.B. No. To appropriated the sum of $100,000 from the Gerneal Fund of the 8/6/18 P.L. No. 20-222 Federated States of Micronesia for the fiscal yar ending September 30, 20-104 2018, for the purpose of funding relief efforts in Japan due to massive P.L. No. flooding in Western Japan, and for other purposes. (Simina) 20-289 8/10/18 C.B. No. To amend sections 1, 8, and 9 of Public Law No. 20-42, as amended by 8/6/18 P.L. No. 20-223, Public Laws Nos. 20-54, 20-64, 20-67, 20-83 and 20-94, in order to 20-103 CD3 appropriate $330,000 of additional funds from the General Fund of the P.L. No. Federated States of Microneisa for fiscal year ending September 30, 20-288 2018, and for other purposes. (Welly) 8/10/18 C.B. No. To amend Public Law No. 20-31, as amended by Public Laws Nos. 20- 8/8/18 P.L. No. 20-226 41, 20-50 and 20-77, by amending section 3 thereof, to change the use 20-113 of funds previously appropriated therein, to fund public projects and 8/30/18 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 Public Laws 8/9/18 P.L. No. 20-227, Nos. 19-81, 19-97, 19-120, 19-137, 20-29 and 20-86, by amending 20-119 CD1 sections 1 and 2 thereof, to change the use and allottee of funds 3/31/18 previously appropriated therein, for the purpose of funding 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, 8/9/18 P.L. No. 20-228, to change the use of and allottee of funds previously appropriated 20-120 CD1 therein, to fund priority infrastructure projects and other public projects 8/31/18 and social programs in the state of Kosrae, and for other purposes. (Welly)
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SUMMARY OF RESOLUTIONS Twentieth Congress of the Federated States of Micronesia FIFTH SPECIAL SESSION-2018 CLASSIFICATION Congressional Resolutions Introduced 8 Congressional Resolutions Adopted 6 CONGRESSIONAL RESOLUTIONS ADOPTED DURING THE FIFTH SPECIAL SESSION C.R. No. Short Title Adoption Transmittal date Date C.R. No. To confirm thenominato of Ms. Teresa M. Filepin to serve 8/4/18 8/9/18 20-86, CD1 as the FSM Consul General in Guam, U.S.A. C.R. No. To confirm the nominato of Mr. Johannes T. Berdon to 8/4/18 8/9/18 20-112 serve as a member of the Board of Regents of the College of Micronesia-FSM, representing the state of Chuuk. C.R. No. Setting the ceiling of the total funds estimated to be 8/3/18 8/6/18 20-118 available for appropriation from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018. C.R. No. Approving and accepting a grant from the World Bank, 8/4/18 8/6/18 20-123 through the International Development Assocition, in the amount of $11,000,000 to fund and support the FSM’s project entitled: “Strenthening Public Financial Management”, including all the terms and conditions of the assistance. C.R. No. Approving and accepting a grant in the amount of 8/4/18 8/9/18 20-124 $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 Idividual with Disabilitites Education Act (IDEA), including all the terms and conditions of the assistance. C.R. No. To confirm the nomination of Jr. Jack Harris to serve as a 8/4/18 8/6/18 20-125 member of the Board of Directors of the Federated States of Micronesia social Seciruty Board, representing Pohnpei State. C.R. Nos. 20-86 and 20-112 was introduced during the Fourth Regular Session and Fourth Special Session and adopted during the Fifth Special Session.
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20th CONGRESS of the Federated States of Micronesia
FIFTH SPECIAL SESSION
Daily Journal Index
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Twentieth Congress of the Federated States of Micronesia
FIFTH SPECIAL SESSION
August 2nd, 2018 thru August 7th, 2018
DAILY JOURNAL INDEX Day Page No. 1. Thursday, August 2, 2018 …..……………………………………………….. 1-13 2. Friday, August 3, 2018 ……………………………………………………. 14-34 3. Saturday, August 4, 2018 ...... 35-54 4. Sunday, August 5, 2018 NO SESSION 5. Monday, August 6, 2018 ……………………………………………………. 55-77 6. Tuesday, August 7, 2018 ……………………………………………………. 78-98
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20th CONGRESS of the Federated States of Micronesia
FIFTH SPECIAL SESSION
Daily Journal
1
CONGRESSIONAL JOURNAL TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIFTH SPECIAL SESSION
OPENING DAY Thursday, August 02, 2018
The Opening Day of the Fifth Special Session of the Twentieth Congress of the Federated States of Micronesia was called to order at 10:36 a.m., Thursday, August 02, 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 Special Session, to order.
A moment of silent prayer was observed.
The Chief Clerk called the roll. Ten Members were present; Senator Figir, Senator Panuelo, Senator Perman, and Floor Leader Harper were excused.
Chairman Joseph J. Urusemal was designated to be the Acting Floor Leader.
APPOINTMENT OF COMMITTEE TO WAIT ON THE PRESIDENT
Speaker Simina: I hereby appoint Chairman Welly of Kosrae to chair the Committee to Wait on the President; Vice Speaker Moses of Pohnpei as a member, Chairman Gouland from Chuuk as member, and Chairman Urusemal of Yap as member. I understand the President wants to meet with the Committee to Wait on the President, tomorrow at 9:00 a.m., in his Office. Next item.
PRESIDENTIAL COMMUNICATIONS
-No. 20-264 - (dated and received 07/04/18) – Designating Congressional Act No. 20-93 as Public Law No. 20-94: “To amend sections 1, 2, 3 and 9 of Public Law No. 20- 42, as amended by Public Laws Nos. 20-54, 20-64, 20-67 and 20-83, in order to appropriate $9,869,296 of additional funds from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, and to change the intended use of certain line items, for other purposes.”
-No. 20-265 - (dated 07/04/18 and received 07/09/18) – Transmitting a bill to further amend title 36 of the FSM Code by deleting reference “bearer share” (A bearer share is an equity security wholly owned by whoever holds the physical stock certificate).
-No. 20-266 - (dated and received 07/16/18) – Designating Congressional Act No. 20-96 as Public Law No. 20-95: “To appropriate the sum of $2,800,00 from the General Fund of the Federated States of Micronesia for the fiscal year ending September
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August 02, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 5SS – 20CFSM
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. 20-267 - (dated and received 07/16/18) – Designating Congressional Act No. 20-99 as Public Law No. 20-96: “To further amend Public Law No. 20-53, as amended by Public Laws Nos. 20-57, 20-61, 20-69 and 20-91, by amending section 2 thereof, to change the use of funds previously appropriated therein, for the purpose of funding priority infrastructure projects and other projects and social programs in the state of Kosrae, and for other purposes.”
-No. 20-268 - (dated and received 07/16/18) – Designating Congressional Act No. 20-94 as Public Law No. 20-97: “To further amend Public Law No. 20-60, as amended by Public Laws Nos. 20-65, 20-75 and 20-85 by amending section 6 thereof, to change the allottee of funds previously appropriated therein, to fund public projects and social programs in the state of Yap, and for other purposes.”
-No. 20-269 - (dated and received 07/16/18) – Designating Congressional Act No. 20-98 as Public Law No. 20-98: “To amend Public Law No. 20-93, by amending section 1 thereof, to change the use of funds previously appropriated, to fund priority infrastructure projects and public projects and social programs in the state of Kosrae, and for other purposes.”
-No. 20-270 - (dated 07/20/18 and received 07/23/18) – Designating Congressional Act No. 20- 92 as Public Law No. 20-99: “To further amend section 208 of title 2 of the code of the Federated States of Micronesia (annotated), as amended by public law no. 18-53, for the purpose of clarifying and correcting contradictory language, and for other purposes.”
-No. 20-271 - (dated 0607/20/18 and received 07/23/18) – Designating Congressional Act No. 20-95 as Public Law No. 20-100: “To amend subchapter II of chapter 3 of title 54 of the Code of the Federated States of Micronesia (Annotated), as amended by Public Law No. 18-103, by inserting a new section 324 thereto to give the Secretary of the Department of Finance and Administration the authority to reduce a third-party appraisal to determine fair market value of certain assets, and for other purposes.”
-No. 20-272 - (dated 07/20/18 and received 07/23/18) – Designating Congressional Act No. 20- 97 as Public Law No. 20-101: “To repeal in their entirety Public Laws Nos. 20-13 and 20-20 pertaining to the assets and liabilities of the Open Access Entity, and to re-instate the previous language of sections 203 and 389 of title 21 of the Code of the Federated States of Micronesia (Annotated), as amended, and for other purposes.”
-No. 20-273 - (dated 07/21/18 and received 07/24/18) – Calling for a Special Session starting on July 30, 2018 to August 04, 2018.
-No. 20-274 - (dated 07/23/18 and received 07/24/18) – Resubmitting the name of Jolden J. Johnnyboy as a nominee to serve as a member of the Office of Telecommunication Regulatory Authority of the Federated States of Micronesia, for confirmation by Congress.
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August 02, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 5SS – 20CFSM
-No. 20-275 - (dated and received 07/24/18) – Transmitting a bill to appropriate 2.3 million supplemental budget as follows: $800,00 for startup cost of PATS; $1.0 mil for CLS Chuuk; and $500,000 for PII litigation.
-No. 20-276 - (dated and received 07/27/18) – Based on unavoidable circumstances sending an amended Call for Special Session from July 30 to August 04, 2018 to August 02 to August 07, 2018.
-No. 20-277 - (dated and received 07/27/18) – Transmitting a bill to appropriate $2.5 mil supplemental budget, by amending his (P.C. No. 20-275) by increasing the $1.0 mil for CLS Chuuk to $1.2 mil.
-No. 20-278 - (dated 07/30/18 and received 07/31/18) – Designating Congressional Act No. 20- 91 as Public Law No. 20-102: “To create a new subtitle ii of title 24 of the Code of the Federated States of Micronesia, as amended, to establish the National Seabed Resources Authority of the Federated States of Micronesia, provide for the powers, duties, and responsibilities of the authority, set out the standards of sustainable management of seabed resources, require the promulgation of regulation governing permits and licenses relevant to Marine Scientific Research, prospecting, exploration and mining activities, prescribe the penalty for violation of this act, and for other purposes.”
Speaker Simina: Assign those Communications, Chief Clerk. Next item.
FSM SUPREME COURT COMMUNICATIONS
-No. 20-15 - (dated 07/18/18 and received 07/19/18) – From the Hon. Dennis K. Yamase, Chief Justice of the FSM Supreme Court, informing Congress that he had designated the Hon. Cyprian J. Manmaw, Chief Justice of Yap State Court to serve as a Temporary Justice of the FSM Supreme Court in Appeal Case No. P1-2017.
-No. 20-16 - (dated and received 07/20/18) – From the Hon. Dennis K. Yamase, Chief Justice of the FSM Supreme Court, informing Congress that he had designated the Hon. Mayceleen JD. Anson, Associate Justice of the Pohnpei State Supreme Court to serve as a Temporary Justice of the FSM Supreme Court in Appeal Case No. P1- 2017.
-No. 20-17 - (dated and received 07/20/18) – From the Hon. Dennis K. Yamase, Chief Justice of the FSM Supreme Court, informing Congress that he had designated the Hon. Chang B. William, Chief Justice of the Kosrae State Court to serve as a Temporary Justice of the FSM Supreme Court in Appeal Case No. P7-2017.
Speaker Simina: Chief Clerk, assign those Communications. Next item.
MEMBER COMMUNICATIONS
-No. 20-33 - (dated 07/26/18 and received 08/01/18) – From the Hon. Wesley W. Simina, Speaker, 20th FSM Congress, to His Excellency President Christian, requesting to have the dates of the original Call for this special session amended from July 30 to August 04, 2018 to August 02 to 07, 2018, due to logistical problems.
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August 02, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 5SS – 20CFSM
-No. 20-34 - (dated and received 08/01/18) – From the Hon. Wesley W. Simina, Speaker, 20th FSM Congress, to His Excellency President Christian, regarding President Trump’s state of emergency declaration for the FSM, in which he had made available up to $2 millions of federal assistance and expressing concern about the steps that led to that declaration.
Speaker Simina: Assign those communications, Chief Clerk. Next item.
DEPARTMENTAL COMMUNICATIONS
-No. 20-56 - (dated 06/27/18 and received 07/04/18/18) – From Mrs. Sihna N. Lawrence, Secretary, Department of Finance & Administration, the Hon. Lorin S. Robert, Secretary, advising of a pending request of issuance of advice of allotment on the $50,000 for the World-IMF Annual Meeting.
-No. 20-57 - (dated and received 07/05/18) – From the Hon. Lorin S. Robert, Secretary, Department of Foreign Affairs, sharing US Diplomatic Note No. 18-0145 advising of the recent release of US 2018 Trafficking-in-Person Report on June 28, 2018; and attaching the 2018 Country Narrative Report for the FSM and a document providing recommended action plans. -No. 20-58 - (dated and received 07/05/18) – From Mr. Kalwin L. Kephas, Secretary, Department of Education, writing regarding 60 students and 10 staffs from Madolenihmw High School site visit to Congress on July 20, 2018 to learn about what Congress does.
-No. 20-59 - (dated 07/06/18 and received 07/10/18) – From Mr. Kalwin L. Kephas, Secretary, Department of Education, writing for approval to have 86 students and 10 staff of the Talent Search Program pay a visit to Congress for a tour and what Congress does.
-No. 20-60 - (dated 07/06/18 and received 07/10/18) – From Mr. Kalwin L. Kephas, requesting to have Mr. Daystone Roby, Congress IT, to help with the 9th Micro Games.
-No. 20-61 - (dated and received 07/25/18) – From Mrs. Sihna N. Lawrence, Secretary, Department of Finance and Administration, inviting Speaker to the Green Climate Fund Structured Dialogue with the Pacific, in Pohnpei, 30 July to 02 August 2018.
-No. 20-62 - (dated 07/19/18 and received 07/26/18) – From Mr. Lukner Weilbacher, Secretary, Department of TC&I, inviting Congress to the 2018 Micronesian Aerodrome Workshop scheduled in Pohnpei, 6-9 August 2018.
-No. 20-63 - (dated 07/26/18 and received 07/27/18) – From Mr. Samson Pretrick, Deputy Secretary, Department of Foreign Affairs, sharing Diplomatic Note No. 18-0161 from the US Embassy providing the Minutes and Action item matrix of the recent Mid-Year Review of the Joint Committee Meeting (JCM), which was held in Guam, 30 May to 01 June 2018.
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August 02, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 5SS – 20CFSM
-No. 20-64 - (dated 07/26/18 and received 07/27/18) – From Mr. Samson E. Pretrick, Deputy Secretary, Department of Foreign Affairs, sharing Diplomatic Note no. 18-0165 from the US Embassy, with an enclosed letter from Mr. Doughlas W. Domenech, Assistant Secretary, Insular and International Affairs, US Department of Interior.
-No. 20-65 - (dated 07/26/18 and received 07/30/18) – From Mrs. Sihna N. Lawrence, Secretary, Department of Finance and Administration, inviting Congress to the launching of the World Bank PFM Project USD 11 million In Chuuk, in the evening of August 13, 2018.
-No. 20-66 - (dated 07/30/18 and received 07/31/18) – From Mrs. Sihna N. Lawrence, Secretary, Department of Finance and 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. 20-48 - (dated and received 07/26/18) – From Mr. Eugene Pangelinan, Executive Director, NORMA, submitting the 2017 Annual Report of the Fisheries Observer and Port Sampling Revolving Fund.
-No. 20-49 - (dated and received 08/01/18) – From Ms. Erwihne David, Acting National Public Auditor, transmitting FY2017 Single Audit Reports, as listed in the communication.
Speaker Simina: Assign those Communications, Chief Clerk. Next item.
STATE COMMUNICATIONS
None
STATE SUPREME COURT COMMUNICATIONS
None
MUNICIPAL OR TOWN COMMUNICATIONS
-No. 20-06 - (dated 07/25/18 and received 07/26/18) – From Mr. Jose San Nicolas, Mayor, Kolonia Town, invited Speaker and members of Congress to the Closing Ceremony for the Emergency Medical Services and Fire Fighting Training, 30 July 2018 at 1:00 p.m. at the Kolonia-China Friendship Gymnasium in Kolonia Town.
Speaker Simina: Assign that Communication, Chief Clerk. Next item.
FOREIGN GOVERNMENT COMMUNICATIONS
-No. 20-47 - (dated 06/14/18 and received 07/17/18) – From Hon. Gabriela CUEVAS BARRON, President, IPU, and Mr. Martin Chungong, Secretary General, IPU, informing that the 139th Assembly of the Inter-Parliamentary Union and related
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August 02, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 5SS – 20CFSM
meetings will be held at the CICG, Geneva, Switzerland, from 14-18 October 2018.
-No. 20-48 - (dated 05/31/18 and received 07/10/18) – From the Honorable Tony Smith MP, Speaker of the House of Representatives; and Honorable Scott Ryan, President of the Senate, Parliament of Australia, inviting Speaker to participate in an Inter- Parliamentary Study Program for Speakers of Pacific Parliaments, 22-27 November 2018.
-No. 20-49 - (dated 06/07/18 and received 07/25/18) – From Mr. Martin Chungong, Secretary General, IPU, informing that the next session of the Parliamentary Conference on the WTO will be held in Geneva on 6-7 December 2018.
-No. 20-50 - (dated 07/27/18 and received 07/30/18) – From Mr. Martin Chungong, Secretary General, IPU, attaching a working draft of the ‘communications strategy for the IPU’ for input.
-No. 20-51 - (dated 07/27/18 and received 08/01/18) – From Hon. Gabriela CUEVAS BARRON, President, IPU, and Mr. Martin Chungong, Secretary General, IPU, informing that on September 15, 2018 IPU will celebrate the 11th edition of International Day of Democracy and the 21st anniversary of the Universal Declaration of Democracy, and encouraging member countries to utilize the prepared and forthcoming documents to help celebrate this day.
Speaker Simina: Assign those Communications, Chief Clerk. Order of the Day.
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. 20-73.
TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIFTH SPECIAL SESSION AUGUST 02, 2018 TO AUGUST 07, 2018
COMMITTEE REFERRAL
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August 02, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 5SS – 20CFSM
REFERRAL SHEET NO. 20-73, DAY 01, THURSDAY, 08/02/18, AT 10:00 A.M.
C.B. NO. SUBJECT COMMITTEE 20-219 To amend sections 1 and 9 of Public Law No. 20-42, W&M as amended by Public Laws Nos. 20-54, 20-64, 20-67, 20-83 and 20-94, in order to appropriate $1,500,000 of additional funds from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2019, and for other purposes. C.R. NO. SUBJECT COMMITTEE 20-113 Approving and accepting a grant in the amount of H&SA $291,556 from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, to fund and support for the implementation of the FSM’s CCC plan to reduce cancer burden in the FSM for the budget period from June 30,2018 to June 29,2019, including all the terms and conditions of the assistance. 20-114 Approving and accepting a grant in the amount of H&SA $1,156,180 from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, to support and fund the FSM Immunization and Vaccines for Children Program, including all the terms and conditions of the assistance. 20-115 Authorizing the President resubmit the nomination of T&C Mr. Jolden J. Johnnyboy to serve as a member of the Office of the Telecommunication Regulation Authority of the Federated States of Micronesia. 20-116 Expressing the sincere condolences and sadness to the NONE family of the late Dr. Alexander Panuelo at his passing on June 28, 2018. 20-117 Extending the Fourth Special Session of the Twentieth NONE Congress of the Federated States of Micronesia to July 5, 2018. 20-118 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. DEPARTMENTAL SUBJECT COMMITTEE COMM. NO. 20-55 (dated and received 07/03/18) – From Mrs. Sihna N. W&M/INFO. Lawrence, Secretary, FSM Department of Finance & Administration, providing reports on (a) appropriations vs. allotments; and (b) Allotments vs. Expenditures.
Speaker Simina: Chairmen and members, take note of that for your planning purposes. Next item.
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August 02, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 5SS – 20CFSM
UNFINISHED BUSINESS
None
BILL CALENDAR
None
RESOLUTION CALENDAR
None
INTRODUCTION OF BILLS
C. B. No. 20-219: Introduced by: Senator Figir Assigned to: W&M Date introduced: August 02, 2018
To amend sections 1 and 9 of Public Law No. 20-42, as amended by Public Laws Nos. 20-54, 20-64, 20-83 and 20-94, in order to appropriate $1,500,000 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. 20-220: Introduced by: Floor Leader Harper (by Request) Assigned to: W&M Date introduced: August 02, 2018
To amend sections 1 and 9 of Public Law Nos. 20-42, as amended by Public Laws Nos. 20-54, 20-64, 20-67, 20-83 and 20-94, in order to appropriate $2,300,000 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. 20-221: Introduced by: Floor Leader Harper (By request) Assigned to: W&M Date introduced: August 02, 2018
To further amend section 137 of title 36 of the Code of the Federated States of Micronesia (Annotated), as amended by Public Law Nos. 20-35, by deleting reference to bearer share, and for other purposes.
INTRODUCTION OF RESOLUTIONS
C. R. No. 20-118: Introduced by: Senator Figir Assigned to: NONE Date assigned: August 02, 2018
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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August 02, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 5SS – 20CFSM
C. R. No. 20-119: Introduced by: Senator Romolow Assigned to: J&GO Date introduced: August 02, 2018
Requesting the Governor of the state of Chuuk to reconsider moving forward with the referendum related to Chuuk’s succession from the Federated States of Micronesia.
MISCELLANEOUS COMMUNICATIONS
-No. 20-21 - (dated 07/23/18 and received 08/01/18) – From Mr. Baldesar Sardis, from the FSM Congress Public Information Office, presenting his trip report to the state of Chuuk on the occasion of the Diocese of the Caroline Islands workshop on the structure of the Roman Catholic Church in the region and the empowerment of the roles of all the Christian faith in and outside the church.
-No. 20-22 - (dated 07/30/18 and received 08/01/18) – From Mr. Baldesar Sardis, from the FSM Congress Public Information Office, informing Congress that a working relationship with the Catholic Media Studio has been developed to easily get the radio programs and reports/news out to the public by utilizing their studio.
Speaker Simina: Assign those Communications, Chief Clerk.
MISCELLANEOUS BUSINESS
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 10:52 a.m.
Speaker Simina: Congress comes back to session. We are on the Miscellaneous Business. Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: Thank you, Mr. Speaker. It is an honor and a privilege for me to introduce some important dignitaries attending the convening of this Fifth Special Session of the Twentieth Congress. Let me introduce for recognition the Honorable Yosiwo P. George, Vice President of the Federated States of Micronesia (applause). Also attending the Opening of our session, Mr. Speaker, is His Excellency Ambassador Ryoichi Horie, representing the Japanese Embassy here in Pohnpei (applause). Representing the U.S. Embassy, we have the Honorable Anthony Alexander, Economic and Consular Officer of the U.S. Embassy (applause). I would like to add that Mr. Alexander did a very good job in Yap State representing the U.S. Embassy at the opening and initial games of the Micro Games in Yap. I yield the floor to other delegations to continue the introduction, Mr. Speaker. Thank you very much.
Speaker Simina: Thank you, Acting Floor Leader Urusemal. Any other introduction from other delegations?
Chairman Welly: Mr. Speaker.
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August 02, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 5SS – 20CFSM
Speaker Simina: Chairman Welly.
Chairman Welly: Thank you, Mr. Speaker. Good morning to you and everyone from the gallery this morning. I have introduced Kosraeans in the past so I will not re-introduce them today. But I have a friend in the United States that I would like to introduce, in absentia. Her name is Stoney Daniel. Thank you, Mr. Speaker.
Speaker Simina: Thank you, Chairman Welly. That name is not familiar to me. But, thank you for introducing history of friends. Is there any other? Vice Speaker Moses? Vice Chairman Neth?
Senator Neth: Thank you, Mr. Speaker. I would like to ask the Members to join me in recognizing the presence of Mr. Johnny Hebel, Gregorio Ioanis, and my friend, the Election Commissioner, Ioanis Sam, and all Pohnpeians who are present with us today. Thank you. (Applause).
Speaker Simina: Thank you, Vice Chairman Neth. Anyone from Chuuk? Chairman Romolow.
Chairman Romolow: Thank you, Mr. Speaker. Good morning to you all. I wish to beg the indulgence of this Congress to recognize with me the presence of two of my constituents who are in the gallery, observing our session this morning. I begin with the Assistant Secretary for R&D, Alissa Takesy, and Florian Yatilman (applause). Thank you.
Speaker Simina: Thank you, Chairman Romolow. Are there any other points of privilege?
Chairman Urusemal: Mr. Speaker, if I may.
Speaker Simina: Yes?
Chairman Urusemal: On behalf of my brother who is not here, I wish to introduce for recognition, the Executive Director of your Committee on JCRP, Mr. Epel Ilon (applause). There are other names provided to me. As your Acting Floor Leader, I will continue with the introduction, beginning with Mr. Joseph Villazon, former Director of Pohnpei Department of Eduction, especially during my Administration (applause). A Councilman from Sokehs, we have Mr. Perehs Amaraich (applause). A person that I often work with relating to personnel, we have our Personnel Officer Mr. Dwight Edward (applause). We also have a companion for a trip through the outer islands of Yap, from the Department of Health and Social Affairs, Mr. Markus Samo, the Assistant Secretary (applause). With us also, we have Ms. Debby Reduien, Legal Council for your Special Committee on JCRP (applause). If I may continue, Mr. Speaker, I wish to bring greetings from the great people of the state of Yap who worked very hard, and we are very appreciative of the assistance provided to Yap State from this Congress, National Government, and all the donor countries and organizations relating to the hosting of the Micro Games that were just completed. As a host of the games, usually we would like for visitors to win more metals than us. Unfortunately, that effort did not come out good because we also have more medals than a few other countries that participated. That was our effort and we did well in not coming out first in hosting. Relating to the excused absent of the Chairman of Ways and Means, as I had indicated before we start this session, we tried our best, unfortunately, he has less strong magic than mine, he wasn’t able to make it on the flight, but I managed to.
Speaker Simina: I will make sure I mention that to him.
Chairman Urusemal: Thank you, Mr. Speaker.
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August 02, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 5SS – 20CFSM
Speaker Simina: Thank you, Chairman Urusemal. Are there any other points of privilege?
Chairman Romolow: Mr. Speaker.
Speaker Simina: Chairman Romolow.
Chairman Romolow: Thank you, Mr. Speaker. It will be a remission on my part not to recognize a very important person who is in the gallery today. On behalf of Governor Elimo and the entire Chuuk State, I would like to thank and congratulate a young lady who is with us this morning, who represented Chuuk very well in the Law Day Debate in Yap. again, on behalf of Governor Elimo and the entire Chuuk State, we would like to thank her and her partner who is not here, but I wish to recognize them so we can give them a good round of applause. I introduce Rita Mae Keller who is with us, and her partner DeShawn Romolow who is not here today (applause). Thank you.
Speaker Simina: Thank you, Chairman Romolow. We join you in congratulating those two who represented Chuuk State in the debate. I thought you were also going to introduce Mr. Tony Otto, but I guess that is for another time. Are there any other miscellaneous businesses?
Chairman Urusemal: Mr. Speaker.
Speaker Simina: Yes?
Chairman Urusemal: Since we don’t have much to do, may I also ask this Congress and the audience to recognize and give a big round of applause to Senator Tiwiter Aritos for his team that did very well and came out in winning the gold in volleyball? (Applause).
Speaker Simina: Thank you, Chairman Urusemal. Congratulations to Senator Aritos. I guess he was the water boy for the team, if I am not mistaken, and not the Coach. Congratulations! Are there any other miscellaneous businesses? If no other business, we will go to Announcements.
ANNOUNCEMENTS
Chairman Urusemal: Short recess, Mr. Speaker.
Speaker Simina 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.
Speaker Simina: Congress comes back to session. Announcements, Chairman Welly.
Chairman Welly: Thank you, Mr. Speaker. Your Committee on External Affairs will try to finish up the budget for the Department on Saturday morning, at 9:00 a.m., in the Hearing Room. This will be the Office of Veterans Affairs. Thank you, Mr. Speaker.
Speaker Simina: Thank you, Chairman Welly. It is good to know that you are approaching the conclusions of the budget hearings. Chairman Alik.
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August 02, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 5SS – 20CFSM
Chairman Alik: Thank you, Mr. Speaker. Good morning. I would like to join the earlier indications in welcoming everyone to our session this morning. In terms of oversight and budget hearings, your Committee on Climate Change is scheduling one to be held tomorrow. Thank you.
Speaker Simina: Thank you, Chairman Alik. I believe that is the Departmental Budget so thank you for that. Chairman Romolow.
Chairman Romolow: Thank you, Mr. Speaker. I ask the Committee on J&GO to check the monitor for announcements. Thank you.
Speaker Simina: Thank you, Chairman Romolow. Chairman Gouland.
Chairman Gouland: Thank you, Mr. Speaker. Your Committee on T&C would like to request to all members of T&C to come together for a lunch, after this session so we can do our up and down budget. Thank you, Mr. Speaker.
Speaker Simina: Thank you, Chairman Gouland. We will have our internal meeting and then you can have yours. Chairman Urusemal.
Chairman Urusemal: Your Committee on Education will continue its recess until further notice.
Speaker Simina: Thank you. Vice Speaker. Vice Chairman Neth. Vice Chairman Aritos. Vice Chairman Konman. If there are no further announcements from Members, I have just a short one. All Members, we will have a short get together right after our session, in our Lounge. If there is no more business, Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: Thank you very much, Mr. Speaker. If there are no other businesses of this Congress, I move that Congress stand in recess until tomorrow at 10:00 a.m., in the morning.
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 11:07 a.m., Thursday, August 02, 2018, until tomorrow, Friday, August 03, 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 SPECIAL SESSION
DAY TWO Friday, August 03, 2018
The Second Day of the Fifth Special Session of the Twentieth Congress of the Federated States of Micronesia was called to order at 10:47 a.m., Thursday, August 02, 2018.
Acting Speaker Esmond B. Moses presided.
A moment of silent prayer was observed.
The Chief Clerk called the roll. Nine Members were present; Senator Figir, Senator Panuelo, Senator Perman, Floor Leader Harper and Speaker Simina were excused.
Chairman 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.
Acting Floor Leader Urusemal: Mr. Acting Speaker.
Acting Speaker Moses: Acting Floor Leader Urusemal.
Chairman Urusemal: I note that we have a quorum to transact business. I, therefore, move that Congess stand in recess until 3:00 o’clock this afternoon.
Senator Konman: Second.
Acting Speaker Moses: It has been moved and seconded that Congress stands in recess until 3:00 o’clock this afternoon. Any objections? If none, we will vote. All those in favor of the motion to stand in recess until 3:00 o’clock this afternoon say ‘aye’ – opposed say ‘nay’. The motion is carried. Congress stands in recess until 3:00 o’clock, this afternoon.
Acting Speaker Moses declared the Congress recessed at 10:50 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 3:31 p.m.
After the short recess, Senator Perman and Speaker Simina were present.
Speaker Simina: Congress comes back to session. Let the record reflect that we still have a quorum to transact business. Next item.
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August 03, 2018 CONGRESSIONAL JOURNAL – DAY TWO – 5SS – 20CFSM
PRESIDENTIAL COMMUNICATIONS
-No. 20-279 - (dated 8/1/18 and received 8/2/18) – Submitting enclosed resolution for Congress to approve the Global Environment Facility (GEF) Small-Scale Funding Grant of USD $120,000 to assist the FSM in the meeting reporting requirements of the CBD and its associated Nagoya Protocol.
-No. 20-280 - (dated and received 8/2/18) – Transmitting resolution to accept the World Bank IDA18 FSM: Project for Strengthening Public Financial Management grant of SDR$7.6 million or US$11 million to improve tax administration and the completeness, reliability and timeliness of financial reports of the National and State governments.
-No. 20-281 - (dated and received 8/2/18) – Transmitting nomination on Mr. Albert Falcam to serve on the FSM Social Security Board of Directors representing the National Government.
-No. 20-282 - (dated and received 8/2/18) – Transmitting re-nominate Mr. Jesse John Salalu to serve on the Board of Regents for the College of Micronesia-FSM representing the State of Yap.
-No. 20-283 - (dated and received 8/2/18) – Submitting a supplemental budget seeking a total of $1.5M to support the budgetary priorities of the Government as follows: $800,000 PATS; $300,000 PII Litigation; and $400,000 Cable Landing Station -Chuuk.
Speaker Simina: Assign those Communications, Chief Clerk. Next item.
FSM SUPREME COURT COMMUNICATIONS
None
MEMBER COMMUNICATIONS
None
DEPARTMENTAL COMMUNICATIONS
None
AGENCY OR GOVERNMENTAL AUTHORITY COMMUNICATIONS
-No. 20-50 - (dated and received 8/2/18) – From Mr. Eugene Pangelinan, Executive Director, NORMA, submitting 2014-2016 Report of NORMA.
Speaker Simina: Assign that Communication, Chief Clerk. Next item.
STATE COMMUNICATIONS
None
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August 03, 2018 CONGRESSIONAL JOURNAL – DAY TWO – 5SS – 20CFSM
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. 20-36.
TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIFTH SPECIAL SESSION AUGUST 02 2018 TO AUGUST 07, 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. 20-35, 2ND DAY, FRIDAY, AUGUST 03, 2018, AT 10:00 A.M.
REPORTS SUBJECT DATE AND TIME SCR No. 20- RE: C.R. No. 20-86, “A resolution to confirm the nomination 8/03/18 @ 10:00 73 of Ms. Teresa M. Filepin to serve as the FSM Consul General a.m. in Guam, U.S.A.” – Submitted by: EX.AFF. Committee. SCR No. 20- RE: C.B. No. 20-223,”A bill for an act to amend sections 1, 8/03/18 @ 10:00 74 8, and 9 of Public Law no. 20-42, as amended by Public Laws a.m. Nos. 20-54, 20-64, 20-57, 20-83 and 20-94, in order to appropriated $330,000 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.” – Submitted by: W&M Committee.
Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 3:33 p.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 3:34 p.m.
Speaker Simina: Congress comes back to session. Next item.
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August 03, 2018 CONGRESSIONAL JOURNAL – DAY TWO – 5SS – 20CFSM
SPECIAL COMMITTEE REPORTS
No. 20-11 - (By the Hon. Paliknoa K. Welly Chairman, Committee to Wait on the President).
Speaker Simina: Chairman Welly.
Chairman Welly: Thank you, Mr. Speaker. I move for the adoption of the report (Special Committee Report No. 20-11).
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that Congress adopt Special Committee Report No. 20-11. Discussions?
Chairman Welly: Mr. Speaker.
Speaker Simina: Chairman Welly.
Chairman Welly: Thank you. I just want to thank our legal staff, Stephanie Ritland, for a very well put together report considering the short time that she had to put together this report. Perhaps the only thing I will say to the report is that the President mentioned a $40 million dollars that is from the People’s Republic of China that is awaiting projects to be submitted by the States. I yield the floor to other members if they want to contribute to the report. Thank you,
Speaker Simina: Thank you, Chairman Welly. Is there anything from the other members of the Committee to Wait on the President?
Chairman Romolow: Mr. Speaker.
Speaker Simina: Chairman Romolow.
Chairman Romolow: I am not a member of the Committee, but I wish to make a clarification on the report. On the first paragraph of the report, it says, “Robson U. Romolow”, but it should be Victor Gouland. Thank you.
Speaker Simina: Thank you, Chairman Romolow for the correction. The drafter of the report must have been thinking about a J&GO report. Let the record reflect that technical correction. It should be Chairman Victor Gouland. Anything else? If none, debate is closed. Let’s vote. All those in favor of the adoption of Special Committee Report No. 20-11 say ‘aye’ – opposed say ‘nay’. The motion is carried. The report, Special Committee Report No. 20-11, has been 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. 20-74.
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August 03, 2018 CONGRESSIONAL JOURNAL – DAY TWO – 5SS – 20CFSM
TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIFTH SPECIAL SESSION August 02, 2018 to August 07, 2018
COMMITTEE REFERRAL
REFERRAL SHEET NO. 20-74, DAY 02, FRIDAY, 08/03/18, AT 10:00 A.M.
C.B.NO. SUBJECT COMMITTEE 20-220 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 20-94, in order to appropriate $2,300,000 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. 20-221 To further amend section 137 of title 36 of the W&M Code of the Federated States of Micronesia (Annotated), as amended by Public Law No. 20-35, by deleting reference to bearer share, and for other purposes. 20-222 To appropriate the sum of $100,000 from the W&M 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. C.R.NO. SUBJECT COMMITTEE 20-119 Setting the ceiling of the total funds estimated J&GO to be available for appropriation from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018. PRESIDENTIAL SUBJECT COMMITTEE COMM.NO. 20-264 (Dated and received 07/04/18) – Designating INFO Congressional Act No. 20-93 as Public Law No. 20-94: “To amend sections 1, 2, 3 and 9 Of Public Law No. 20-42, as amended by Public Laws Nos. 20-54, 20-64, 20-67 and 20- 83, in order to appropriate $9,869,296 of additional funds from the general fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, and to change the intended use of certain line items, for other purposes.” 20-265 (Dated 07/04/18 and received 07/09/18) – W&M Transmitting a bill to further amend title 36 of
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August 03, 2018 CONGRESSIONAL JOURNAL – DAY TWO – 5SS – 20CFSM
the FSM Code by deleting reference “bearer share” (A bearer share is an equity security wholly owned by whoever holds the physical stock certificate). 20-266 (Dated and received 07/16/18) – Designating INFO Congressional Act No. 20-96 as Public Law No. 20-95: “To appropriate the sum of $2,800,00 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.” 20-267 (Dated and received 07/16/18) – Designating INFO Congressional Act No. 20-99 as Public Law No. 20-96:“To further amend Public Law No. 20-53, as amended by Public Laws Nos. 20- 57, 20-61, 20-69 and 20-91, by amending section 2 thereof, to change the use of funds previously appropriated therein, for the purpose of funding priority infrastructure projects and other projects and social programs in the state of Kosrae, and for other purposes.” 20-268 (Dated and received 07/16/18) – Designating INFO Congressional Act No. 20-94 as Public Law No. 20-97: “To further amend Public Law No. 20-60, as amended by Public Laws Nos. 20- 65, 20-75 and 20-85 by amending section 6 thereof, to change the allottee of funds previously appropriated therein, to fund public projects and social programs in the state of Yap, and for INFOother purposes.” 20-269 (Dated and received 07/16/18) – Designated INFO Congressional Act No. 20-98 as Public Law No. 20-98: “ To amend Public Law No. 20-93, by amending section 1 thereof, to change the use of funds previously appropriated, to fund priority infrastructure projects and public projects and social programs in the state of Kosrae, and for other purposes.” 20-270 (Dated 07/20/18 and received 07/23/18) – INFO Designating Congressional Act No. 20-92 as Public Law No. 20-99: “To further amend section 208 of title 2 of the Code of the Federated States of Micronesia (Annotated), as amended by Public Law No. 18-53, for the purpose of clarifying and correcting
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August 03, 2018 CONGRESSIONAL JOURNAL – DAY TWO – 5SS – 20CFSM
contradictory language, and for other purposes.” 20-271 (Dated 0607/20/18 and received 07/23/18) – INFO Designating Congressional Act No. 20-95 as Public Law No. 20-100: “To amend subchapter ii of chapter 3 of title 54 of the Code of the Federated States of Micronesia (Annotated), as amended by public law no. 18- 103, by inserting a new section 324 thereto to give the Secretary of the Department of Finance and Administration the authority to reduce a third-party appraisal to determine fair market value of certain assets, and for other purposes.” 20-272 (Dated 07/20/18 and received 07/23/18) – INFO Designating Congressional Act No. 20-97 as Public Law No. 20-101: “ To repeal in their entirety Public Laws Nos. 20-13 and 20-20 pertaining to the assets and liabilities of the open access entity, and to re0instate the previous language of sections 203 and 389 of title 21 of the Code of the Federated States of Micronesia (Annotated), as amended, and for other purposes.” 20-273 (Dated 07/21/18 and received 07/24/18) – INFO Calling for a Special Session starting on July 30, 2018 to August 04, 2018. 20-274 (Dated 07/23/18 and received 07/24/18) – T&C Resubmitting the name of Jolden J. Johnnyboy as a nominee to serve as a member of the Office of Telecommunication Regulatory Authority of the Federated States of Micronesia, for confirmation by Congress. 20-275 (Dated and received 07/24/18) – Transmitting ALL a bill to appropriate 2.3 mil supplemental RELEVANT budget as follows: $800,00 for startup cost of COMMITTEES PATS; $1.0 mil for CLS Chuuk; and $500,000 for PII litigation. 20-276 (Dated and received 07/27/18) – Based on INFO unavoidable circumstances sending an amended Call for Special Session from July 30 to August 04, 2018 to August 02 to August 07, 2018. 20-277 (Dated and received 07/27/18) – Transmitting ALL a bill to appropriate $2.5 million supplemental RELEVANT budget, by amending his (P.C. No. 20-275) by COMMITTEES increasing the $1.0 mil for CLS Chuuk to $1.2 million. 20-278 (Dated 07/30/18 and received 07/31/18) – INFO Designating Congressional Act No. 20-91 as
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August 03, 2018 CONGRESSIONAL JOURNAL – DAY TWO – 5SS – 20CFSM
Public Law No. 20-102: “To create a new subtitle II of title 24 of the Code of the Federated States of Micronesia, as amended, to establish the National Seabed Resources Authority of the Federated States of Micronesia, provide for the powers, duties, and responsibilities of the authority, set out the standards of sustainable management of seabed resources, require the promulgation of regulation governing permits and licenses relevant to marine scientific research, prospecting, exploration and mining activities, prescribe the penalty for violation of this act, and for other purposes.” FSM SUPREME SUBJECT COMMITTEE COURT COMM. NO. 20-15 (Dated 07/18/18 and received 07/19/18) – INFO From the Hon. Dennis K. Yamase, Chief Justice of the FSM Supreme Court, informing that he had designated the Hon. Cyprian J. Manmaw, Chief Justice of Yap State Court to serve as a Temporary Justice of the FSM Supreme Court in Appeal Case No. P1-2017. 20-16 (Dated and received 07/20/18) – From the Hon. INFO Dennis K. Yamase, Chief Justice of the FSM Supreme Court, informing that he had designated the Hon. Mayceleen JD. Anson, Associate Justice of the Pohnpei State Supreme Court to serve as a Temporary Justice of the FSM Supreme Court in Appeal Case No. P1- 2017. 20-17 (Dated and received 07/20/18) – From the Hon. INFO Dennis K. Yamase, Chief Justice of the FSM Supreme Court, informing that he had designated the Hon. Chang B. William, Chief Justice of the Kosrae State Court to serve as a Temporary Justice of the FSM Supreme Court in Appeal Case No. P7-2017. MEMBER SUBJECT COMMITTEE COMM.NO. 20-33 (Dated 07/26/18 and received 08/01/18) – INFO From the Hon. Wesley W. Simina, Speaker, 20th FSM Congress, to His Excellency President Christian, requesting to have the dates of the original Call for this special session amended from July 30 to August 04, 2018 to August 02 to 07, 2018, due to logistical problems. 20-34 (Dated and received 08/01/18) – From the Hon. INFO Wesley W. Simina, Speaker, 20th FSM
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August 03, 2018 CONGRESSIONAL JOURNAL – DAY TWO – 5SS – 20CFSM
Congress, to His Excellency President Christian, regarding President Trump’s state of emergency declaration for the FSM, in which he had made available up to $2 million of federal assistance and expressing concern about the steps that led to that declaration. DEPT. COMM. NO. SUBJECT COMMITTEE 20-56 (Dated 06/27/18 and received 07/04/18/18) – W&M From Mrs. Sihna N. Lawrence, Secretary, Department of Finance & Administration, the Hon. Lorin S. Robert, Secretary, advising of a pending request of issuance of advice of allotment on the $50,000 for the World-IMF Annual Meeting. 20-57 (Dated and received 07/05/18) – From the Hon. J&GO Lorin S. Robert, Secretary, Department of Foreign Affairs, sharing US Diplomatic Note No. 18-0145 advising of the recent release of US 2018 Trafficking-in-Person Report on June 28, 2018; and attaching the 2018 Country Narrative Report for the FSM and a document providing recommended action plans. 20-58 (Dated and received 07/05/18) – From INFO Mr.Kalwin L. Kephas, Secretary, Department of Education, writing regarding 60 students and 10 staffs from Madolenihmw High School site visit to Congress on July 20, 2018 to learn about what Congress does. 20-59 (Dated 07/06/18 and received 07/10/18) – INFO From Mr. Kalwin L. Kephas, Secretary, Department of Education, writing for approval to have 86 students and 10 staff of the Talent Search Program pay a visit to Congress for a tour and what Congress does. 20-60 (Dated 07/06/18 and received 07/10/18) – INFO From Mr. Kalwin L. Kephas, requesting to have Mr. Daystone Roby, Congress IT, to help with the 9th Micro Games. 20-61 (Dated and received 07/25/18) – From Mrs. INFO Sihna N. Lawrence, Secretary, Department of Finance & Administration, inviting Speaker to the Green Climate Fund Structured Dialogue with the Pacific, in Pohnpei, 30 July to 02 August 2018 20-62 (Dated 07/19/18 and received 07/26/18) – INFO From Mr. Lukner Weilbacher, Secretary, Department of TC&I, inviting Congress to the 2018 Micronesian Aerodrome Workshop scheduled in Pohnpei, 6-9 August 2018.
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August 03, 2018 CONGRESSIONAL JOURNAL – DAY TWO – 5SS – 20CFSM
20-63 (Dated 07/26/18 and received 07/27/18) – INFO From Mr. Samson Pretrick, Deputy Secretary, Department of Foreign Affairs, sharing Diplomatic Note No. 18-0161 from the US Embassy providing the Minutes and Action item matrix of the recent Mid-Year Review of the Joint Committee Meeting (JCM), which was held in Guam, 30 May to 01 June 2018. 20-64 (Dated 07/26/18 and received 07/27/18) –From INFO Mr. Samson E. Pretrick, Deputy Secretary, Department of Foreign Affairs, sharing Diplomatic Note no. 18-0165 from the US Embassy, with an enclosed letter from Mr. Doughlas W. Domenech, Assistant Secretary, Insular and International Affairs, US Department of Interior. 20-65 (Dated 07/26/18 and received 07/30/18) - From INFO Mrs. Sihna N. Lawrence, Secretary, Department of Finance & Administration, inviting Congress to the launching of the World Bank PFM Project USD 11mil. In Chuuk, in the evening of August 13, 2018. 20-66 (Dated 07/30/18 & received 07/31/18) – From W&M/INFO Mrs. Sihna N. Lawrence, Secretary, Department of Finance & Administration, submitting the updated FY 2018 Revenue Projection and domestic revenue balance. AGENCY OR SUBJECT COMMITTEE GOVERNMENTAL AUTHORITY COMM. NO. 20-48 (Dated and received 07/26/18) – From Mr. R&D/INFO Eugene Pangelinan, Executive Director, NORMA, submitting the 2017 Annual Report of the Fisheries Observer and Port Sampling Revolving Fund. 20-49 (Dated and received 08/01/18) – From Ms. W&M/INFO Erwihne David, Acting National Public Auditor, transmitting FY2017 Single Audit Reports, as listed in the communication.
MUNICIPAL OR SUBJECT COMMITTEE TOWN COMM. NO. 20-06 (Dated 07/25/18 and received 07/26/18) – INFO From Mr. Jose San Nicolas, Mayor, Kolonia Town, invited Speaker and members of Congress to the Closing Ceremony for the Emergency Medical Services and Fire Fighting Training, 30 July 2018 at 1:00 p.m. at the
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August 03, 2018 CONGRESSIONAL JOURNAL – DAY TWO – 5SS – 20CFSM
Kolonia-China Friendship Gymnasium in Kolonia Town. FOREIGN SUBJECT COMMITTEE GOVERNMENT COMM.NO. 20-47 (Dated 06/14/18 and received 07/17/18) – INFO From Hon. Gabriela CUEVAS BARRON, President, IPU, and Mr. Martin Chungong, Secretary General, IPU, informing that the 139th Assembly of the Inter-Parliamentary Union and related meetings will be held at the CICG, Geneva, Switzerland, from 14-18 October 2018.
20-48 (Dated 05/31/18 and received 07/10/18) – INFO From the Honorable Tony Smith MP, Speaker of the House of Representatives; and Honorable Scott Ryan, President of the Senate, Parliament of Australia, inviting Speaker to participate in an Inter-Parliamentary Study Program for Speakers of Pacific Parliaments, 22-27 November 2018.
20-49 (Dated 06/07/18 and received 07/25/18) – INFO From Mr. Martin Chungong, Secretary General, IPU, informing that the next session of the Parliamentary Conference on the WTO will be held in Geneva on 6-7 December 2018. 20-50 (Dated 07/27/18 and received 07/30/18) – T&C/INFO From Mr. Martin Chungong, Secretary General, IPU, attaching a working draft of the ‘communications strategy for the IPU’ for input. 20-51 (Dated 07/27/18 and received 08/01/18) – INFO From Hon. Gabriela Cuevas Barron, President, IPU, and Mr. Martin Chungong, Secretary General, IPU, informing that on September 15, 2018 IPU will celebrate the 11th edition of International Day of Democracy and the 21st anniversary of the Universal Declaration of Democracy, and encouraging member countries to utilize the prepared and forthcoming documents to help celebrate this day. MISC. SUBJECT COMMITTEE COMM. NO. 20-21 (Dated 07/23/18 and received 08/01/18) – INFO From Mr. Baldesar Sardis, from the FSM
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August 03, 2018 CONGRESSIONAL JOURNAL – DAY TWO – 5SS – 20CFSM
Congress Public Information Office, presenting his trip report to the state of Chuuk on the occasion of the Diocese of the Caroline Islands workshop on the structure of the Roman Catholic Church in the region and the empowerment of the roles of all the Christian faith in and outside the church. 20-22 (Dated 07/30/18 and received 08/01/18) – INFO From Mr. Baldesar Sardis, from the FSM Congress Public Information Office, informing that a working relationship with the Catholic Media Studio has been developed to easily get the radio programs and reports/news out to the public by utilizing their studio.
Speaker Simina: Chairman and members, review the Referral Sheet for your planning purposes. Next item.
UNFINISHED BUSINESS
None
Speaker Simina: If there is no objection, let’s go back to the Standing Committee Reports Calendar.
STANDING COMMITTEE REPORTS
Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 3:37 p.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 3:40 p.m.
Speaker Simina: Congress comes back to session. Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: Thank you, Mr. Speaker. I move that we go down to Resolution Calendar.
Chairman Gouland: Second.
Speaker Simina: It has been moved and seconded that we go down to the Resolution Calendar. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. We will now go down to Resolution Calendar.
RESOLUTION CALENDAR
Speaker Simina: Acting Floor Leader Urusemal.
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August 03, 2018 CONGRESSIONAL JOURNAL – DAY TWO – 5SS – 20CFSM
Chairman Urusemal: Thank you, Mr. Speaker. I move to withdraw and place C. R. No. 20-118 on the Resolution Calendar for action.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that C. R. No. 20-118 be placed 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. 20-118, is placed on the Resolution Calendar for action. Any relevant rules that might impede our action are suspended, if there is no objection. Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: I move for the adoption of the resolution, C. R. No. 20-118.
Vice Speaker Moses: Second.
Speaker Simina: It has been moved and seconded that Congress adopt C. R. No. 20-118. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. Discussions? If none, let’s vote. All those in favor of the adoption of C. R. No. 20-118 say ‘aye’ – opposed say ‘nay’. The motion is carried. The resolution, C. R. No. 20-118, has adopted by Congress. Next resolution.
Chairman Urusemal: Mr. Speaker.
Speaker Simina: Acting Floor Leader Urusemal.
Chairman Gouland: Short recess, Mr. Speaker.
Speaker Simina declared the Congress recessed at 3:43 p.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 4:46 p.m.
Speaker Simina: Congress comes back to session. Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: Thank you, Mr. Speaker. I move that we go back to the Standing Committee Reports Calendar.
Chairman Gouland: Second.
Speaker Simina: It has been moved and seconded that we go back to the Standing Committee Reports Calendar. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. We are now on Standing Committee Reports Calendar.
STANDING COMMITTEE REPORTS
Speaker Simina: We have an Awaiting List. Do we place both of them? Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: I move that the relevant rules that may impede our action on the reports be suspended.
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August 03, 2018 CONGRESSIONAL JOURNAL – DAY TWO – 5SS – 20CFSM
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that any and all relevant rules that may impede our action, specifically that rule requiring 24-hour awaiting period for standing committee reports be suspended. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. The relevant rules are suspended. Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: Short recess.
Speaker Simina declared the Congress recessed at 3:47 p.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 3:49 p.m.
Speaker Simina: Congress comes back to session. Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: Thank you, Mr. Speaker. I move to place the following standing committee reports on today’s Calendar: SCR Nos. 20-73 and 20-74.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that SCR Nos. 20-73 and 20-74 be placed on the Standing Committee Reports Calendar for action. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. The reports, SCR Nos. 20-73 and 20-74, are placed on the Calendar for action. First report.
-SCR No. 20-73, RE: C.R. No. 20-86, “A resolution to confirm the nomination of Ms. Teresa M. Filepin to serve as the FSM Consul General in Guam, U.S.A.” – Submitted by: EX.AFF. Committee.
Speaker Simina: Chairman Welly.
Chairman Welly: I move for the adoption of the said report, SCR No. 20-73.
Chairman Urusemal: Second.
Speaker Simina: It has been moved and seconded that SCR No. 20-73 be adopted. Are there any discussions? Chairman Welly.
Chairman Welly: Thank you, Mr. Speaker. Again, I would like to thank you for authorizing the members to travel to Guam to conduct a confirmation hearing. It was very important that we go there because the report needs to be submitted in this session otherwise the nominee will be themed, “rejected”. It is also unfortunate that only Vice Chairman Dion G. Neth and I were able to make it to Guam for the confirmation hearing. Other members were involved in other travels and other prior engagements. The report is very thorough. There is no question about the nominee’s qualifications for the position she’s been nominated for. In the report, there are some items missing. One of them is that I had to make the nominee aware that the position she is applying for, she will be serving at the pressure of the President, if she is confirmed. Also, in May, the next President may not be nominating her for the same position. She is very well aware of that; and also for the fact that if she is confirmed by this Congress, her family has to relocate
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August 03, 2018 CONGRESSIONAL JOURNAL – DAY TWO – 5SS – 20CFSM to Guam. She was also made aware of that. Like I said, the nominee is so much qualified for this position, so I would like to add that, when we go to Resolution Calendar, we confirm the nomination for the position in Guam. We need somebody to mandate that position in Guam. Thank you, Mr. Speaker.
Speaker Simina: Thank you, Chairman Welly for the expansion on the report. Any further discussion? If none, debate is closed. Let’s vote on the adoption of the report, SCR No. 20-73. All those in favor of the adoption of SCR No. 20-73 say ‘aye’ – opposed say ‘nay’. The motion is carried. The report, SCR No. 20-73, has adopted by Congress. Next report.
-SCR No. 20-74, RE: C.B. No. 20-223,”A bill for an act to amend sections 1, 8, and 9 of Public Law no. 20-42, as amended by Public Laws Nos. 20-54, 20-64, 20-57, 20-83 and 20-94, in order to appropriated $330,000 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.” – Submitted by: W&M Committee.
Speaker Simina: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: Thank you, Mr. Speaker. I move that SCR No. 290-74 be adopted.
Chairman Welly: Second.
Speaker Simina: It has been moved and seconded that Congress adopt SCR No. 20-74. Discussions? If none, debate is closed. Let’s vote. All those in favor of the adoption of SCR No. 20- 74 say ‘aye’ – opposed say ‘nay’. The motion is carried. The report, SCR No. 20-74, has adopted by Congress. Next report.
Chief Clerk: There are none, Mr. Speaker.
Speaker Simina: Are there any other reports to place? If none, let’s go down to Bill Calendar.
BILL CALENDAR
Senator Konman: Point of privilege, Mr. Speaker.
Speaker Simina: State your point, Senator Konman.
Senator Konman: Thank you very much, Mr. Speaker. I rise on a point of privilege to introduce someone for recognition. May I ask all Members to give a round of applause to Mr. Erpet Osawa from Chuuk? He is also a current member of the Weno Municipal Counsil. He is in the gallery observing our session. May I ask for a round of applause from all Members? (Applause). Thank you.
Speaker Simina: Thank you, Senator Konman. I think uncle Osawa is no longer a member of counsel. I think they fired him because he has been absent. So, thank you, uncle for joining us. Are there any other points of privilege? If none, first bill.
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August 03, 2018 CONGRESSIONAL JOURNAL – DAY TWO – 5SS – 20CFSM
C. B. No. 20-223 (1st Reading): To amend sections 1, 8, and 9 of Public Law no. 20-42, as amended by Public Laws Nos. 20-54, 20-64, 20-57, 20-83 and 20-94, in order to appropriated $330,000 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: Short recess.
Speaker Simina declared the Congress recessed at 3:57 p.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 4:05 p.m.
Speaker Simina: Congress comes back to session. Acting Floor Leader Urusemal, make your motion.
Acting Floor Leader Urusemal: Thank you, Mr. Speaker. I move that C. B. No. 20-223 be passed on First Reading.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that Congress pass C. B. No. 20-223 on First Reading. Discussions?
Chairman Gouland: Mr. Speaker.
Speaker Simina: Chairman Gouland.
Chairman Gouland: Thank you, Mr. Speaker. I have a written amendment that has been distributed and circulated to all Members. I don’t know if it is a good time to offer.
Speaker Simina: Timing is your decision.
Chairman Perman: Short recess.
Speaker Simina declared the Congress recessed at 4:06 p.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 4:15 p.m.
Speaker Simina: Congress comes back to session. We are still on discussion of C.B. No. 20-223. We also have a proposed floor amendment. Chairman Gouland.
Chairman Gouland: Mr. Speaker, I so move for the adoption of the written floor amendment
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August 03, 2018 CONGRESSIONAL JOURNAL – DAY TWO – 5SS – 20CFSM
Floor Amendment to C.B. No. 20-223 Offered by Senator Victor V. Gouland
C. B. No. 20-223 is hereby amended to read as follows:
1. In the title, line 1, after “sections 1,” insert “3”. 2. In the title, line 3, delete “330,000”, and insert “470,000” in lieu thereof. 3. Page 1, line 5, delete “93,734,622”, and insert “93,874,022” in lieu thereof. 4. Page 3, insert new section 2 to read as follows: Section 2. Section 3 of Public Law Nos. 20-42, as amended by Public Law No. 20-67, is hereby further amended to read as follows: Section 3. Operating Expenses of the Legislative Branch. The sum of [$6,575,285] $6,715,285 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 the operations of the Legislative Branch of the National Government during fiscal year 2018. The sum appropriated by this section shall be apportioned as follows:
(1) Speaker and Members. The sum of $3,244,498, or so much thereof as may be necessary, for the operations of the Office of the Speaker and Members of the Congress of the Federated States of Micronesia during fiscal year ending 2018. The sum appropriated herein shall be apportioned as follows: Personnel………………………………………….$ 430,000 Travel……………………………………………… 1,083,368 Contractual Services, of which up to $20,000 may be used to pay for outstanding prior year obligations…………...... 1,730,600 OCE……………………………………………… -0- Fixed Assets……………………………………… -0- (2) Staff Offices. The sum of [$2,210,787] $2,350,787 or so much thereof as may be necessary, for the operations of the Congress staff offices during fiscal year 2018. The sum appropriated herein shall be apportioned as follows: Personnel…………………………………………$ 964,757 Travel…………………………………………….. 260,000 Contractual Services……………………………… 555,030 OCE………………………………………………. 281,000 Fixed Assets……………………………………… 150,000 (3) Congress Delegation Offices. The sum of $1,120,000, or so much thereof as may be necessary, for the operations of the Congress Delegation Offices during the fiscal year 2018. Of the amounts appropriated for contractual services within each Delegation Office, up to a maximum of [$70,000] 80,000 per Member Representation. The sum appropriated is apportioned as follows: (a) Kosrae Delegation Office Travel…………………………………………$ 10,000 Contractual Services………………...[130,000] 150,000 OCE………………………………………….. 20,000 Fixed Assets………………………………….. -0- Total………………………………...[160,000] $180,000 (b) Pohnpei Delegation Office
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August 03, 2018 CONGRESSIONAL JOURNAL – DAY TWO – 5SS – 20CFSM
Travel…………………………………………$ 10,000 Contractual Services………………...[280,000] 320,000 OCE………………………………………….. 30,000 Fixed Assets………………………………….. -0- Total…………………………………[320,000] $360,000 (c) Chuuk Delegation Office Travel……………………………………….$ 10,000 Contractual Services………………[$430,000] 490,000 OCE…………………………………………. 30,000 Fixed Assets………………………………… 10,000 Total………………………………[480,000] 540,000 (d) Yap Delegation Office Travel……………………………………….$ 30,000 Contractual Services………………[$100,000] 120,000 OCE…………………………………………. 25,000 Fixed Assets………………………………… 5,000 Total………………………………[160,000] 180,000
5. Renumber subsequent sections accordingly.
Date: August 03, 2018 Introduced by: /s/ Victor V. Gouland Victor V. Gouland
Purpose of the Amendment: To add $10,000 per member in Delegation Representation Funds.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that the offered floor amendment to C.B. No. 20-223 by Chairman Gouland be adopted. It is all written up and distributed to Members. Because of its length, its reading will be dispensed with. The amendment was seconded. Are there any discussions?
Chairman Welly: 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 amendment to C.B. No. 20-223 offered by Chairman Gouland say “aye” – opposed “nay”. The motion is carried. The amendment is adopted. We, now, have C.B. No. 20- 223, CD1. Are there any further discussions?
Chairman Gouland: Question.
Speaker Simina: Question has been called for. If there is no objection, we will vote on the bill, C.B. No. 20-223, CD1, by roll call of Members. Chief Clerk. The Chief Clerk took the roll call by Members.
Senator Alik Aye Senator Aritos Aye Senator Figir Excused Senator Gouland Aye Floor Leader Harper Excused Senator Konman Aye
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August 03, 2018 CONGRESSIONAL JOURNAL – DAY TWO – 5SS – 20CFSM
Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Excused Senator Perman Aye Senator Romolow Aye Senator Urusemal Aye Senator Welly Aye Speaker Simina Aye
Chief Clerk: Mr. Speaker, all the eleven Members voted for.
Speaker Simina: For that reason, C.B. No. 20-223, CD1 has been passed by Congress on First Reading. Next bill.
C.B. No. 20-198, CD2 (2nd Reading): 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 [further amend sections 1015, 1017 and 1019 of title 37 of the Code of the Federated States of Micronesia (Annotated), as amended by Public Law No. 18-71,] 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 one hundred percent (100%) 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. – W&M – (cf. SCR No. 20-69, Adopted 07/03/18. Passed CD2 1st reading on 07/04/18).
Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 4:18 p.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 4:20 p.m.
Speaker Simina: Congress comes back to session. Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: Thank you, Mr. Speaker. I move that C.B. No. 20-198, CD2 be deferred to tomorrow’s session.
Vice Speaker Moses: Second.
Speaker Simina: It has been moved and seconded that C.B. No. 20-198, CD2 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. 20-198, CD2, has deferred to tomorrow’s Calendar. Next bill.
Chief Clerk: There are none, Mr. Speaker.
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August 03, 2018 CONGRESSIONAL JOURNAL – DAY TWO – 5SS – 20CFSM
Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 4:21 p.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 4:22 p.m.
Speaker Simina: Congress comes back to session. Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: Thank you, Mr. Speaker. I move to withdraw and place C.B. No. 20-222 for today’s Calendar on First Reading.
Chairman Gouland: Second.
Speaker Simina: It has been moved and seconded that C.B. No. 20-222 be withdrawn from the Committee and placed on the Calendar for action. Let the record reflect that the relevant rules are still suspended up to this point. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. The bill, C.B. No. 20-222, has been withdrawn from the Committee and placed on the Calendar for action. Acting Floor Leader Urusemal.
C.B. No. 20-222 (1st Reading): 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.
Acting Floor Leader Urusemal: Thank you, Mr. Speaker. I move for the passage of the bill, C.B. No. 20-222, on First Reading.
Vice Speaker Moses: Second.
Speaker Simina: It has been moved and seconded that Congress pass C.B. No. 20-222 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 Aye Senator Aritos Aye Senator Figir Excused Senator Gouland Aye Floor Leader Harper Excused Senator Konman Aye Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Excused Senator Perman Aye Senator Romolow Aye Senator Urusemal Aye Senator Welly Aye Speaker Simina Aye
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August 03, 2018 CONGRESSIONAL JOURNAL – DAY TWO – 5SS – 20CFSM
Chief Clerk: Mr. Speaker, all the eleven Members voted for.
Speaker Simina: For that reason, C.B. No. 20-222, has been passed by Congress on First Reading. Next bill.
Chief Clerk: There are none.
Speaker Simina: Are there any other bills?
Vice Speaker Moses: Mr. Speaker.
Speaker Simina: Vice Speaker Moses.
Vice Speaker Moses: Thank you, Mr. Speaker. Good afternoon to you and Members and to those observing. I would like to make a motion that Congress stand in recess until tomorrow at 10:00 a.m.
Chairman Welly: Second.
Speaker Simina: It has been moved and seconded that Congress stand in recess until tomorrow at 10:00 o’clock, in the morning. All those in favor of the motion say “aye” – opposed “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 4:24 p.m., Friday, August 03, 2018, until tomorrow, Saturday, August 04, 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 SPECIAL SESSION
DAY THREE Saturday, August 04, 2018
The Third Day of the Fifth Special Session of the Twentieth Congress of the Federated States of Micronesia was called to order at 10:26 a.m., Saturday, August 04, 2018.
Speaker Wesley W. Simina presided.
A moment of silent prayer was observed.
The Chief Clerk called the roll. Ten Members were present; Chairman Figir, Chairman Panuelo, Chairman Perman, and Floor Leader Harper were excused.
Chairman Joseph J. Urusemal was designated to be the Acting Floor Leader.
Acting Floor Leader Urusemal moved to dispense with the reading of the Journal; Chairman Welly seconded, and the motion carried by voice vote.
PRESIDENTIAL COMMUNICATIONS
-No. 20-284 - (dated and received 8/3/18) – Transmitting an amended resolution (see P.C. No. 20-280).
-No. 20-285 - (dated and received 08/03/18) – Transmitting a proposed resolution accepting a financial grant made available by the U.S. Department of Education to the FSM Department of Education, Division of Special Education Program in the amount of $922,587 to fund and assist the implementation of programs and services for eligible children with disabilities and their families throughout the FSM.
-No. 20-286 - (dated and received 08/03/18) – Transmitting a resolution nominating Mr. Jack Harris to serve on the FSM Social Security Board of Directors representing the State of Pohnpei.
Speaker Simina: Assign those Communications, Chief Clerk. Next item.
FSM SUPREME COURT COMMUNICATIONS
None
MEMBER COMMUNICATIONS
-No. 20-35 - (dated and received 08/03/18) – From the Hon. Wesley W. Simina, Speaker, 20th FSM Congress, to His Excellency President Christian, regarding the convening of the upcoming Regular Session in September 2018 - to convene session on the 17th of September instead of the 12th for 20 days.
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August 04, 2018 CONGRESSIONAL JOURNAL – DAY THREE – 5SS – 20CFSM
Speaker Simina: Members, take note. Our September session has been delayed from the twelfth to the seventeenth of September. Next item.
DEPARTMENTAL COMMUNICATIONS
None
AGENCY OR GOVERNMENTAL AUTHORITY COMMUNICATIONS
None
STATE COMMUNICATIONS
None
STATE SUPREME COURT COMMUNICATIONS
None
MUNICIPAL OR TOWN COMMUNICATIONS
None
FOREIGN GOVERNMENT COMMUNICATIONS
-No. 20-52 - (Dated July 2018 and received 08/03/18) – From the Hon. Bambang Soesatyo, Speaker, House of Representatives, Republic of Indonesia, extending an invitation to the 2nd World Parliamentary Forum on Sustainable Development (WPFSD) on 12-13 September 2018, in Bali.
Speaker Simina: Assign that Communication, Chief Clerk. That is for Chairman Urusemal.
Senator Neth: Point of privilege, Mr. Speaker.
Speaker Simina: State your point, Senator Neth.
Senator Neth: Thank you, Mr. Speaker. I would like to ask that we welcome and recognize two important men from my Election District: Mr. Joseph Route and Mr. Benancio Mihkel (applause). Thank you.
Speaker Simina: Thank you, Senator Neth. Those two gentlemen are indeed welcome to observe our session. Next item.
ORDER OF THE DAY
STANDING COMMITTEE REPORTS
The Chief Clerk called Awaiting List No. 20-37.
TWENTIETH CONGRESS OF THE
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August 04, 2018 CONGRESSIONAL JOURNAL – DAY THREE – 5SS – 20CFSM
FEDERATED STATES OF MICRONESIA FIFTH SPECIAL SESSION AUGUST 02 2018 TO AUGUST 07, 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. 20-37, 3rd DAY, SATURDAY, AUGUST 04, 2018, AT 10:00 A.M.
REPORTS SUBJECT DATE AND TIME SCR No. RE: C.R. No. 20-112,”A Resolution to confirm M. Johannes 8/04/18 @ 10:00 20-75 T. Berdon to serve as a member of the Board of Regents of the a.m. College of Micronesia-FSM, representing the State of Chuuk.” – Submitted by: EDUC Committee.
Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 10:30 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 10:32 a.m.
Speaker Simina: Congress comes back to session. Chairman Urusemal.
Chairman Urusemal: Thank you, Mr. Speaker. I move to place SCR No. 20-75 on today’s Order for action.
Vice Speaker Moses: Second.
Speaker Simina: It has been moved and seconded that SCR No. 20-75 be placed on the Standing Committee Reports Calendar for action. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. The report, SCR No. 20-75, has now placed on the Calendar for action. Chairman Urusemal.
Acting Floor Leader Urusemal: Mr. Speaker, I move to suspend the rules.
Vice Speaker Moses: Second.
Speaker Simina: It has been moved and seconded that the relevant rules specifically that rule requiring the 24-hour awaiting period be suspended. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. The relevant rules are suspended. Make your motion for adoption.
Chairman Urusemal: Thank you, Mr. Speaker. I move that Standing Committee Report No. 20-75 be adopted by this Congress.
Vice Speaker Moses: Second.
Speaker Simina: It has been moved and seconded that SCR No. 20-75 be adopted by Congress. Discussions?
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Chairman Urusemal: Mr. Speaker.
Speaker Simina: Yes?
Chairman Urusemal: As you know, the Committee on Education, because of the length of this special session, did not do a public hearing on the nomination. However, we looked over on the report from the hearing on the same person, same nominee, in the year 2016 and since there had been no concerns, issues, and complains raised related to the work of the individual, the Committee decided that it is in the best interest of the Nation and of the College to go ahead and recommend to Congress for adoption of the confirmation of the nomination. Included in the package attached to the report is a letter from the honorable governor of the state of Chuuk, Governor Johnson Elimo. That is attached to the report. With that, I hope that this Congress will honor the hard work of the Committee and confirm the individual. Thank you, Mr. Speaker.
Speaker Simina: Thank you, Chairman Urusemal. Are there any further discussions? If none, debate is closed. Let’s vote. All those in favor of the adoption of SCR No. 20-75 say ‘aye’ – opposed say ‘nay’. The motion is carried. The report, SCR No. 20-75, is adopted by Congress. Next report. Short recess.
Speaker Simina declared the Congress recessed at 10:37 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 10:37 a.m.
Speaker Simina: Congress comes back to session. Next item.
SPECIAL COMMITTEE REPORTS
None
ASSIGNMENT OF MEASURES AND COMMUNICATIONS
The Chief Clerk called attention to Referral Sheet No. 20-75.
TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIFTH SPECIAL SESSION August 02, 2018 to August 07, 2018
COMMITTEE REFERRAL
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REFERRAL SHEET NO. 20-75, DAY 03, SATURDAY, 08/04/18, AT 10:00 A.M.
C.B. NO. SUBJECT COMMITTEE 20-223 To amend sections 1, 8 and 9 of Public Law No. 20- W&M 42, as amended by Public Laws Nos. 20-54, 20-64, 20-67, 20-83 and 20-94, in order to appropriate $330,000 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. 20-224 To amend sections 1 and 9 of Public Law No. 20-42, W&M as amended by Public Laws Nos. 20-54, 20-64, 20- 67, 20-83 and 20-94, in order to appropriate $2,500,000 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. 20-225 To amend sections 1 and 9 of Public Law No. 20-42, W&M as amended by Public Laws Nos. 20-54, 20-64, 20- 67, 20-83 and 20-94, in order to appropriate $1,500,000 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.R. NO. SUBJECT COMMITTEE 20-120 To confirm the nomination of Mr. Jolden J. T&C Johnnyboy to serve as a member of the Telecommunication Regulation Authority of the Federated States of Micronesia. 20-121 To confirm the nomination of Mr. Jesse John Salalu EDUC. to serve as a member of the Board of Regents for the College of Micronesia-FSM, representing the state of Yap. 20-122 To confirm the nomination of Mr. Albert Falcam to H&SA serve as a member of the Board of Directors of the Federated States of Micronesia Social Security Board, representing the National Government. 20-123 Approving and accepting a grant from the World W&M Bank, through the International Development Association, in the amount of $11,000,000 to fund and support the FSM’s project entitled: “Strengthening Public Financial Management”, including all the terms and conditions of the assistance. 20-124 Approving and accepting a grant in the amount of EDUC. $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),
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including all the terms and conditions of the assistance. 20-125 To confirm the nomination of Mr. Jack Harris to serve H&SA as a member of the Board of Directors of the Federated States of Micronesia Social Security Board, representing Pohnpei State. PRESIDENTIAL SUBJECT COMMITTEE COMM. NO. 20-279 (Dated 8/1/18 and received 8/2/18) – Submitting R&D enclosed resolution for Congress to approve the Global Environment Facility (GEF) Small-Scale Funding Grant of USD$120,000 to assist the FSM in the meeting reporting requirements of the CBD and its associated Nagoya Protocol. 20-280 (Dated and received 8/2/18) – Transmitting resolution W&M to accept the World Bank IDA18 FSM: Project for Strengthening Public Financial Management grant of SDR$7.6 million or US$11 million to improve tax administration and the completeness, reliability and timeliness of financial reports of the National and State governments. 20-281 (Dated and received 8/2/18) – Transmitting H&SA nomination on Mr. Albert Falcam to serve on the FSM Social Security Board of Directors representing the National Government. 20-282 (Dated and received 8/2/18) – Transmitting re- EDUC. nominate Mr. Jesse John Salalu to serve on the Board of Regents for the College of Micronesia-FSM representing the State of Yap. 20-283 (Dated and received 8/2/18) – Submitting a ALL supplemental budget seeking a total of $1.5M to RELEVANT support the budgetary priorities of the Government as COMMITTEES follows: $800,000 PATS; $300,000 PII Litigation; and $400,000 Cable Landing Station -Chuuk. AGENCY OR SUBJECT COMMITTEE GOVERNMENTAL AUTHORITY COMM. NO. 20-50 (Dated and received 8/2/18) – From Mr. Eugene R&D/INFO. Pangelinan, Executive Director, NORMA, submitting 2014-2016 Report of NORMA.
UNFINISHED BUSINESS
C.R. No. 20-86, CD1: To confirm the nomination of Ms. Teresa M. Filepin to serve as the FSM Consul General in Guam, U.S.A. – FOR ADOPTION – EXAFF – (cf. SCR No. 20-73, adopted 08/03/18).
Speaker Simina: Chairman Welly.
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Chairman Welly: Short recess, Mr. Speaker.
Speaker Simina declared the Congress recessed at 10:38 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 10:49 a.m.
Speaker Simina: Congress comes back to session.
Vice Speaker Moses: Mr. Speaker.
Speaker Simina: Vice Speaker Moses.
Vice Speaker Moses: Thank you, Mr. Speaker. Since we are on nomination of this individual from Yap for the Consulate Office in Guam, I just wanted to state for the record that I have known this individual for quite a while. I went to school with her. She was a very good student while she was there. She graduated. And now she has become the Director for Education for the state of Yap. Through many public hearings, it seems that she is a very confident person. So I would like to ask the support for this nomination. Thank you, Mr. Speaker.
Speaker Simina: Thank you, Vice Speaker Moses. Chairman Welly.
Chairman Welly: 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. We are still on discussion of the resolution, C.R. No. 20-86, CD1.
Vice Speaker Moses: Mr. Speaker, I move for the previous question.
Chairman Welly: Second.
Speaker Simina: It has been moved and seconded that debate be closed. If no objections, debate is closed. We will vote for secret ballot. 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 10:52 a.m.
Speaker Simina: Congress comes back to session. We have to make motion for adoption of the resolution, C.R. No. 20-86, CD1. Chairman Welly.
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Chairman Welly: I move for the adoption of the said resolution, C.R. No. 20-86, CD1.
Vice Speaker Moses: Second.
Speaker Simina: It has been moved and seconded that C.R. No. 20-86, CD1 be adopted. Discussion? If none, debate is closed. We will vote by secret ballot. Ten votes are required for the adoption of the resolution, C.R. No. 20-86, CD1.
Speaker Simina declared the Congress recessed at 10:52 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 10:56 a.m.
Speaker Simina: Congress comes back to session. Chief Clerk, announce the results.
Chief Clerk: Mr. Speaker, the ten Members who are present, all ten Members voted for (applause).
Speaker Simina: For that reason, C.R. No. 20-86, CD1 has been adopted by Congress. Ms. Filepin is confirmed. Next.
Senator Ferny S. Perman entered the Chamber and took his seat at 10:56 a.m.
Chief Clerk: There are none under Unfinished Business.
Speaker Simina: Next item.
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 07/03/18 to next session of Congress.
Speaker Simina: 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 10:58 a.m.
Speaker Simina: Congress comes back to session. Chairman Romolow, make your motion for passage.
Chairman Romolow: I move that Congress pass C.B. No. 20-151 on First Reading.
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Senator Konman: Second.
Speaker Simina: It has been moved and seconded that Congress pass C.B. No. 20-151 on First Reading. Discussions?
Senator Neth: Question.
Speaker Simina: Question has been called for. If there is no objection, debate is closed. We will vote by roll call of Members. Chief Clerk.
The Chief Clerk took the roll call by Members.
Senator Alik Aye Senator Aritos Aye Senator Figir Excused Senator Gouland Aye Floor Leader Harper Excused Senator Konman Aye Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Excused 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, C.B. No. 20-151 has passed by Congress on First Reading. Next bill.
C.B. No. 20-198, CD2 (2nd Reading): 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 (10%) 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 of the Code of the Federated States of Micronesia (Annotated), as amended by Public Law No. 18-71,] 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 one hundred 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. – W&M – (cf. SCR No. 20-69, Adopted 07/03/18. Passed CD2 1st reading on 07/04/18). – W&M – (cf. SCR No. 20-69, Adopted 07/03/18; Passed CD2 1st reading on 07/04/18).
Deferred CD2 on 08/03/18 to 08/04/18.
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Speaker Simina: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: Thank you, Mr. Speaker. I so move for the passage of C.B. No. 20-198, CD2 on Second and Final Reading.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that Congress pass on Second and Final Reading C.B. No. 20-198, CD2. Discussions?
Chairman Urusemal: Mr. Speaker.
Speaker Simina: Chairman Urusemal.
Chairman Urusemal: Thank you very much, Mr. Speaker. I believe you have a proposed amendment to the bill, C.B. No. 20-198, CD2.
Speaker Simina: Yes. Would you be kind and offer it?
Chairman Urusemal: Mr. Speaker, I will go ahead and read the proposed amendment, if I may.
Speaker Simina: Go ahead.
Chairman Urusemal: The amendment reads...
Floor Amendment to C.B. No. 20-198, CD2 Offered by Senator Urusemal on behalf of Speaker Simina
1. In the title, delete “ten percent (10%)”, and insert “twenty percent (20%)” in lieu thereof. 2. On page 1, line 4, delete “ten percent (10%)”, and insert “twenty percent (20%)”, in lieu thereof.
I so move.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that the offered amendment to the bill be adopted. Before we go on, make your motion for suspension of the rules.
Chairman Urusemal: I move that the relevant rules, especially the rule prohibiting substantive amendment on second and final reading be suspended.
Vice Speaker Moses: Second.
Speaker Simina: It has been moved and seconded that the relevant rules specifically the rule prohibiting substantive amendment on 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. There is an offered amendment, which was seconded. Are there any discussions on the amendment? If there is no objection, debate is closed. Let’s vote. All those in favor of the adoption of the offered amendment say “aye” – opposed “nay”. The motion is carried. The offered amendment is adopted. We, now, have CD3.
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Chairman Urusemal: Short recess, Mr. Speaker.
Speaker Simina declared the Congress recessed at 11:04 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 C.B. No. 20-198, CD3. Are there any further discussions? If none, debate is closed. Let’s vote by roll call of Delegations. Chairman Perman will cast the vote for Pohnpei State. Chief Clerk.
The Chief Clerk took the roll call by States.
State of Chuuk: Chairman Aritos Aye State of Pohnpei: Chairman Perman Aye State of Kosrae: Chairman Welly Aye State of Yap: Chairman Urusemal Aye
Chief Clerk: Mr. Speaker, all the four States voted in favor.
Speaker Simina: For that reason, C. B. No. 20-198, CD3 has been passed by Congress on Second and Final Reading. Next bill.
C.B. No. 20-223, CD1 (2nd Reading): To amend sections 1, 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 $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. – W&M – (cf. SCR No. 20-74).
Speaker Simina: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: I so move for the passage of bill, C. B. No. 20-223, CD1 on Second and Final Reading.
Vice Speaker Moses: Second.
Speaker Simina: It has been moved and seconded that Congress pass on Second and Final Reading C. B. No. 20-223, CD1. Discussions?
Chairman Perman: Mr. Speaker.
Speaker Simina: Chairman Perman.
Chairman Perman: Thank you, Mr. Speaker. Good morning to you, Vice Speaker Moses, Acting Floor Leader Urusemal, Members, and all who are observing our session this morning. Mr. Speaker, I have an oral amendment to offer to the said bill, C. B. No. 20-223, CD1.
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Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 11:14 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. Chairman Perman, you have the floor.
Chairman Perman: Thank you, Mr. Speaker. Like I said, I have an oral amendment to offer. On the last page, page 19, between lines 8 and 9, insert a new item, “(g) Morgue river freezer… $35,000”. The technical amendment to the figures will be done by our staff. I so move, Mr. Speaker.
Vice Speaker Moses: Second.
Speaker Simina: It has been moved and seconded that the offered oral amendment by Chairman Perman be adopted. Between lines 8 and 9, insert a new item to read: Morgue river freezer for $35,000. Any discussion on that? If none, debate is closed. Let’s vote. All those in favor of the adoption of the amendment say ‘aye’ – opposed say ‘nay’. The motion is carried. The offered oral amendment is adopted. We, now, have CD2. Are there any further discussions on the bill, C. B. No. 20-223, CD2? Short recess.
Speaker Simina declared the Congress recessed at 11:25 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 C. B. No. 20-223, CD2. If no discussions, let’s vote by roll call of the Delegations. Chairman Perman will cast the vote for Pohnpei State.
The Chief Clerk took the roll call by States.
State of Chuuk: Chairman Aritos Aye State of Pohnpei: Chairman Perman Aye State of Kosrae: Chairman Welly Aye State of Yap: Chairman Urusemal Aye
Chief Clerk: Mr. Speaker, all the four States voted in favor.
Speaker Simina: For that reason, C. B. No. 20-223, CD2 has been passed by Congress on Second and Final Reading. Next bill.
C.B. No. 20-222 (2nd Reading): 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.
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Speaker Simina: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: I so move for the passage of the bill, C. B. No. 20-222 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. 20-222. Discussions? If none, debate is closed. Chairman Perman will cast the vote for Pohnpei Delegation. Chief Clerk, call the roll.
The Chief Clerk took the roll call by States.
State of Chuuk: Chairman Aritos Aye State of Pohnpei: Chairman Perman Aye State of Kosrae: Chairman Welly Aye State of Yap: Chairman Urusemal Aye
Chief Clerk: Mr. Speaker, all the four States voted in favor.
Speaker Simina: For that reason, C. B. No. 20-222 has been passed by Congress on Second and Final Reading. Next bill.
Chief Clerk: There are none, Mr. Speaker.
Speaker Simina: 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 11:30 a.m.
Speaker Simina: Congress comes back to session. Next item.
RESOLUTION CALENDAR
C. R. No. 20-112, CD1: To confirm the nomination of Mr. Johannes T. Berdon to serve as a member of the Board of Regents of the College of Micronesia-FSM, representing the state of Chuuk. – EDUC.
Speaker Simina: Chairman Urusemal.
Chairman Urusemal: Thank you very much, Mr. Speaker. I move that Congress adopt C. R. No. 20-112, CD1.
Senator Konman: Second.
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Speaker Simina: It has been moved and seconded that Congress adopt C. R. No. 20-112, CD1. Discussions? If none, debate is closed. Let’s vote by secret ballot. Ten votes are required for the adoption of the resolution, C. R. No. 20-112, CD1. 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 11:34 a.m.
Speaker Simina: Congress comes back to session. Chief Clerk, announce the results.
Chief Clerk: Mr. Speaker, all eleven Members present voted for.
Speaker Simina: For that reason, C. R. No. 20-112, CD1 has been adopted by Congress. Mr. Johannes T. Berdon has confirmed (applause).
Chairman Perman: Mr. Speaker.
Speaker Simina: Chairman Perman.
Chairman Perman: I make a motion to withdraw place C. R. No. 20-125 on the Calendar for action.
Vice Speaker Moses: Second.
Speaker Simina: It has been moved and seconded that C. R. No. 20-125 be withdrawn and placed 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. 20-125, is placed on the Calendar for action. The relevant rules that might impede our action are suspended. Chairman Perman, make your motion for adoption.
Chairman Perman: I so move for its adoption.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that Congress adopt C. R. No. 20-125. Chief Clerk, read the title.
The Chief Clerk read the title of C. R. No. 20-125:
C. R. No. 20-125: To confirm the nomination of Mr. Jack Harris to serve as a member of the Board of Directors of the Federated States of Micronesia Social Security Board, representing Pohnpei State.
Speaker Simina: There you have it. Discussions? If none, I understand this gentleman is currently a member and his term is expiring soon. If there is no further discussion, debate is closed. Let’s vote by secret ballot. As a nomination, it requires ten votes. Short recess.
Speaker Simina declared the Congress recessed at 11:37 a.m., subject to the call of the Chair.
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RECESS
The Congress reconvened at 11:39 a.m.
Speaker Simina: Congress comes back to session. Announce the results, Chief Clerk.
Chief Clerk: Mr. Speaker, eleven Members voted for.
Speaker Simina: For that reason, C. R. No. 20-125 has been adopted by Congress. Mr Jack Harris has confirmed as a member of the Board of Directors for Social Security. Next resolution.
Chief Clerk: There are none, Mr. Speaker.
Speaker Simina: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: Thank you, Mr. Speaker. I move to withdraw and place C. R. Nos. 20-123 and 20-124. I so move.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that C. R. Nos. 20-123 and 20-124 be withdrawn and placed on the Resolution Calendar for action.
Acting Floor Leader Urusemal: I take it, Mr. Speaker, that the relevant rules are still suspended.
Speaker Simina: Yes. The relevant rules are still suspended. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. The resolutions, C. R. Nos. 20-123 and 20-124, are withdrawn from the Committee and placed on the Resolution Calendar for action. First resolution.
C. R. No. 20-123: Approving and accepting a grant from the World Bank, through the International Development Association, in the amount of $11,000,000 to fund and support the FSM’s project entitled: “Strengthening Public Financial Management”, including all the terms and conditions of the assistance.
Speaker Simina: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: I so move for the adoption of C. R. No. 20-123.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that Congress adopt C. R. No. 20-123. Discussions? If none, debate is closed. Let’s vote. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. The resolution, C. R. No. 20-123, has been adopted by Congress. Next resolution.
C. R. No. 20-124: 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.
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Speaker Simina: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: Thank you, Mr. Speaker. I move that Congress adopt C. R. No. 20-124.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that Congress adopt C. R. No. 20-124. Discussions?
Chairman Urusemal: Mr. Speaker.
Speaker Simina: Yes?
Chairman Urusemal: Thank you, Mr. Speaker. As Chairman of your Committee on Education, as you know, I do not like when measures are withdrawn and placed on calendars for action. However, this resolution is assigned to the Committee on Education but because of the sensitivity of the resolution, especially of the grants being July 1, 2018 to September 30, 2019 and the lack of time to consider the resolution and the effort here by your Committee, that is the reason why I have decided that the Committee to relinquish its work and place this to Congress for action. Thank you.
Speaker Simina: Thank you, Chairman of Education. Of course, conscience can be also practical. I think that is what you are doing today and we thank you for that. 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, say ‘aye’ – opposed say ‘nay’. The motion is carried. The resolution, C. R. No. 20-124, has been adopted by Congress. Next resolution.
Chief Clerk: There are none, Mr. Speaker.
Speaker Simina: 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 11:45 a.m.
Speaker Simina: Congress comes back to session. Next item.
INTRODUCTION OF BILLS
C.B. No. 20-223: Introduced by: Senator Welly Date: August 4, 2018 Assigned to: W&M
To amend sections 1, 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 $330,000 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.
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C.B. No. 20-224: Introduced by: Senator Urusemal (by request) Date: August 04, 2018 Assigned to: W&M
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 20-94, in order to appropriate $2,500,000 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. 20-225: Introduced by: Senator Urusemal (by request) Date: August 3, 2018 Assigned to: W&M
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 20-94, in order to appropriate $1,500,000 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.
INTRODUCTION OF RESOLUTIONS
C.R. No. 20-120: Introduced by: Senator Urusemal (by request) Date: August 4, 2018 Assigned to: T&C
To confirm the nomination of Mr. Jolden J. Johnnyboy to serve as a member of the Telecommunication Regulation Authority of the Federated States of Micronesia.
C.R. No. 20-121: Introduced by: Senator Urusemal (by request) Date: August 4, 2018 Assigned to: EDUC
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.
C.R. No. 20-122: Introduced by: Senator Urusemal (by request) Date: August 4, 2018 Assigned to: H&SA
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.
C.R. No. 20-123: Introduced by: Senator Urusmal (by request) Date: August 4, 2018 Assigned to: W&M
Approving and accepting a grant from the World Bank, through the International Development Association, in the amount of $11,000,000 to fund and support the FSM’s project entitled: “Strengthening Public Financial Management”, including all the terms and conditions of the assistance.
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August 04, 2018 CONGRESSIONAL JOURNAL – DAY THREE – 5SS – 20CFSM
C.R. No. 20-124: Introduced by: Senator Urusemal (by request) Date: August 4, 2018 Assigned to: EDUC.
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.
C.R. No. 20-125: Introduced by: Senator Urusemal (by request) Date: August 4, 2018 Assigned to: H&SA
To confirm the nomination of Mr. Jack Harris to serve as a member of the Board of Directors of the Federated States of Micronesia Social Security Board, representing Pohnpei State.
MISCELLANEOUS COMMUNICATIONS
-No. 20-23 - (Dated 08/02/18 and received 08/03/18) – From the former FSM Presidents and concerned citizens Hon. John Haglelgam, and Hon. Emmanuel Mori, regarding the efforts made by the Chuuk State Political Commission to have the State of Chuuk secede from the FSM; and requesting a meeting with Speaker and members of Congress to discuss this matter at the earliest convenience.
Speaker Simina: Assign that Communication, Chief Clerk. That is a letter from two of our former Presidents of the Nation. It is up to us.
Chairman Gouland: Short recess, Mr. Speaker.
Speaker Simina declared the Congress recessed at 11:45 a.m., subject to the call of the Chair.
RECESS
Chairman Gouland and Chairman Romolow left the Chamber at 11:47 a.m.
The Congress reconvened at 11:47 a.m.
Speaker Simina: Congress comes back to session. Next item.
MISCELLANEOUS BUSINESS
Speaker Simina: Do you have any miscellaneous business?
Chairman Urusemal: Mr. Speaker.
Speaker Simina: Chairman Urusemal.
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Chairman Urusemal: Thank you very much, Mr. Speaker. I have very short remarks that I wish to make under Miscellaneous Business. That is relating to the Miscellaneous Communication No. 20-23 from two of our former Presidents. I would like to land support to the letter and to request the leadership of the state of Chuuk, including you, Mr. Speaker and your delegation members, to work with our great people of that state to really understand the impact of the decision that they will be making relating to the effort to secede from the FSM. I, for one, have always spoken in support of unity of this Nation. I truly believe that in unity, there is strength. I cannot help but recall during the funeral of the late President Lazarus Sali in Palau, which I was privileged and humbled to attend. The traditional chief was using sticks as an example of unity. He started out with one stick and showed that it could be broken very easily. Two was a little bit harder. As he increased the number of sticks, it was more difficult and became very difficult to break, indicating that in numbers, there is more strength. I know in some means, it can also mean the more you have, there is less benefit to be shared among people. I, for one, think that we have celebrated over thirty years of our Federation. Our forefathers/founding fathers who saw fit to have this nation really hope that we maintain it. I am happy that the two former Presidents, the Second and the Seventh President decided to write in support or not in support of the movement in Chuuk. Few Chuukese has approached me, especially those residing in Guam asking about my decision of this movement. I indicated to them that to me, it is a mistake and that it should not be supported. I found it very discouraging when I noted that one of the proponents of the movement was a person known to me and my family, as he is a relative, who when residing in Yap was very strong in maintaining unity not only in Yap State, between the main island and outer islands but in the Federation. When I was told about his changed decision and becoming one of the known proponents in Chuuk, I confronted him. I requested that I meet with him and we did. I pointed out to him that he was making a mistake. I asked him what made him changed his mind. The explanations from him were not adequate for me. I continue to hope that the leadership in Chuuk, our great brothers and sisters in Chuuk will see fit to maintain this unity because in unity, there is strength. We should not think only of ourselves, for ourselves, but for this Nation, our people, and especially those that would be coming after us. When I was in the President’s Office as President of this Nation, I visited Chuuk more than any state of this Federation and that is because during that period of time, year 2003 to 2007, Chuuk was going through some difficult time. I used my visits to reassure that people of Chuuk this Nation will maintain and assist in any way it can to help Chuuk out of its problems, including utility, assistance, and other needs of the state. I found Chuukese to be really welcoming people. When they are to welcome people, they really go out of their ways to welcome people. Few years ago, Yap State was making this noise about separation or making a move to start a political status commission. I went out of my way, working with traditional leaders and with our governmental leaders trying to discourage them. I hope that, it had been put under control that the state of Yap, at least for the future will not be thinking about what some people in Chuuk are thinking. With that, Mr. Speaker, I hope that our people in Chuuk will really dissect and review and understand the impact and the important of their decision when they go into the polls to decide on this issue. Thank you very much, Mr. Speaker.
Speaker Simina: Thank you very much, Chairman Urusemal, Acting Floor Leader Urusemal, former President Urusemal. I appreciate statement coming from you as a former President as well. I can assure you that as Chuukese and as the Speaker of this Twentieth Congress, I will do what I believe is right. Thank you very much for that. Any other miscellaneous business? If none, Announcements.
ANNOUNCEMENTS
Speaker Simina: Chairman Welly.
Chairman Welly: Thank you, Mr. Speaker. No announcements.
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August 04, 2018 CONGRESSIONAL JOURNAL – DAY THREE – 5SS – 20CFSM
Speaker Simina: Vice Chairman Neth.
Senator Neth: No announcements, Mr. Speaker. Thank you.
Speaker Simina: Chairman Alik. Chairman Perman. Vice Chairman Aritos. Vice Chairman Konman.
Senator Konman: No announcements, Mr. Speaker. Thank you.
Speaker Simina: Chairman Urusemal. Vice Speaker Moses.
Vice Speaker Moses: Thank you, Mr. Speaker. I wish to rise on a point of privilege.
Speaker Simina: You may proceed.
Vice Speaker Moses: Thank you, Mr. Speaker. I just wanted to rise to a point of privilege and show my appreciation to Chairman Urusemal for the statement he made. I hope that people watching via live will really take it to heart. Thank you, Mr. Speaker.
Speaker Simina: Thank you, Vice Speaker Moses. You have any announcements? If none, short recess.
Speaker Simina declared the Congress recessed at 11:56 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:57 a.m.
Speaker Simina: Congress comes back to session. Since there is no further business from any Member, Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: Thank you, Mr. Speaker. I move that this Congress stand in recess until Monday at 10:00 o’clock.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that Congress stands in recess until Monday at 10:00 a.m. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. Congress, now, stands in recess until 10:00 a.m., in the morning, on Monday.
Speaker Simina declared that the Congress stand in recess at 11:57 a.m., Saturday, August 04, 2018, until Monday, August 06, 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 SPECIAL SESSION
DAY FOUR
No Session Sunday, August 05, 2018
DAY FIVE
Monday, August 06, 2018
The Fifth Day of the Fifth Special Session of the Twentieth Congress of the Federated States of Micronesia was called to order at 10:33 a.m., Monday, August 06, 2018.
Speaker Wesley W. Simina presided.
A moment of silent prayer was observed.
The Chief Clerk called the roll. Ten Members were present; Chairman Figir, Chairman Gouland, Chairman Romolow, and Floor Leader Harper were excused.
Chairman Joseph J. Urusemal was designated to be the Acting Floor Leader.
Speaker Simina: Before we proceed further, I would like to welcome back our colleague, Chairman Panuelo. We, indeed, miss you. Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal moved to dispense with the reading of the Journal; Chairman Welly seconded, and the motion carried by voice vote.
PRESIDENTIAL COMMUNICATIONS
None
FSM SUPREME COURT COMMUNICATIONS
None
MEMBER COMMUNICATIONS
None
DEPARTMENTAL COMMUNICATIONS
None
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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
Chairman Panuelo: Mr. Speaker, point of privilege.
Speaker Simina: State your point, Chairman Panuelo.
Chairman Panuelo: Mr. Speaker, good morning to you, Members, and citizens who are observing from the gallery. First of all, Mr. Speaker, I would like to thank you and Members for giving me some time off. I am glad to be back. I understand that I am here at a right timing for some needed voting. Mr. Speaker, if you can allow me, on our behalf, I would like to introduce some citizens who are observing our session this morning. I would like to begin with our good friend, Mr. Asterio Takesy who is a current Chairman of the JCRP and Vice President on Governmental Operations at Bank of Guam. Let’s welcome him and give him a round of applause (applause). Thank you. Secondly, we have Cheryl Burkindine who is representing U.S. Embassy and, I believe, Rural Development. Let’s welcome her to the session this morning (applause). We also welcome Pelsesar Petrus who is always diligent in observing our session (applause). Last but not the least, we have Dasiano Helgen, a constituent from Sokehs who comes in from time to time to observe our session (applause). Thank you, Mr. Speaker.
Speaker Simina: Thank you, Chairman Panuelo. We join you in welcoming those citizens and officials who are observing our session this morning. Are there any other points of privilege? Short recess.
Speaker Simina declared the Congress recessed at 10:37 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 10:44 a.m.
Speaker Simina: Congress comes back to session. Order of the Day.
ORDER OF THE DAY
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STANDING COMMITTEE REPORTS
None
SPECIAL COMMITTEE REPORTS
None
ASSIGNMENT OF MEASURES AND COMMUNICATIONS
The Chief Clerk called attention to Referral Sheet No. 20-76.
TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIFTH SPECIAL SESSION, 20TH CFSM August 02, 2018 TO August 07, 2018 COMMITTEE REFERRAL
REFERRAL SHEET NO. 20-76, DAY 05, Monday, 08/06/18, AT 10:00 A.M.
PRESIDENTIAL SUBJECT COMMITTEE COMM. 20-284 (Dated & received 8/3/18)- Transmitting an amended W&M Resolution (see P.C. No. 20-280) 20-285 (Dated & received 8/3/18)- Transmitting a proposed EDUC. Resolution accepting a financial grant made available by the U.S. Department of Education to the FSM Department of Education, Division of Special Education Program in the amount of $992,587 to fund and assist the implementation of programs and services for eligible children with disabilities and their families throughout the FSM. 20-286 (Date & received 8/3/18)- Transmitting a Resolution H&SA nominating Mr. Jack Harris to serve on the FSM Social Security Board of Directors representing the State of Pohnpei. Members Comm. SUBJECT COMMITTEE No. 20-35 (Dated & received 8/3/18)- From the Hon. Wesley. W. Simina, INFO. Speaker, 20th FSM Congress, to His Excellency President Christian, regarding the convening of the upcoming Regular Session in September 2018- to convene session on the 17th of September instead of the 12th for 20 days. FOREIGH SUBJECT COMMITTEE GOVERNMENT COMM. 20-52 (Dated July 2018 & received 08/03/18)- From the Hon. INFO. Bambang Soesatyo, Speaker, House of Representative, Republic of Indonesia, extending an invitation to the 2nd World Parliamentary Forum on Sustainable Development (WPFSD) on 12-13 September 2018, in Bali.
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MISC. COMM. SUBJECT COMMITTEE NO. 20-23 (Dated 08/02/18 & received 08/03/18)- From the former FSM INFO. Presidents and concerned citizens Hon. John Haglelgam, and Hon. Emmanuel Mori, regarding the efforts made by the Chuuk State Political Commission to have the State of Chuuk secede from the FSM; and requesting a meeting with Speaker and members of Congress to discuss this matter at the earliest convenience.
UNFINISHED BUSINESS
None
BILL CALENDAR
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: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: Thank you, Mr. Speaker. As agreed to during the short recess and with all due respect to the Chairman on J&GO, I move that this bill, C. B. No. 20-151, be deferred to the next session of this Congress.
Chairman Panuelo: Second.
Speaker Simina: It has been moved and seconded that C. B. No. 20-151 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 bill, C. B. No. 20-151, is deferred to the next session of Congress. Short recess.
Speaker Simina declared the Congress recessed at 10:46 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 10:55 a.m.
Speaker Simina: Congress comes back to session. We are still on the Bill Calendar. Chairman Perman.
Chairman Perman: Thank you, Mr. Speaker. Good morning to you, Vice Speaker Moses, Acting Floor Leader Urusemal, Members, and all who are observing our session this morning. Mr. Speaker, I would like to make a motion to withdraw and place C. B. Nos. 20-159, 20-160, 20-161, 20-163, 20-166, 20-168, 20-169, 20-170, 20-171, 20-172, 20-173, 20-174, 20-178, 20-226, 20-227, and 20-228. I so move, Mr. Speaker.
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Chairman Welly: Second.
Speaker Simina: It has been moved and seconded that the following bills be withdrawn from the Committees and placed on the Bill Calendar for action: C. B. Nos. 20-159, 20-160, 20-161, 20-163, 20- 166, 20-168, 20-169, 20-170, 20-171, 20-172, 20-173, 20-174, 20-178, 20-226, 20-227, and 20-228. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. The bills, C. B. Nos. 20- 159, 20-160, 20-161, 20-163, 20-166, 20-168, 20-169, 20-170, 20-171, 20-172, 20-173, 20-174, 20-178, 20-226, 20-227, and 20-228, are now withdrawn from the Committees and placed on the Calendar for First Reading action.
Acting Floor Leader Urusemal: Mr. Speaker.
Speaker Simina: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: Thank you very much, Mr. Speaker. I move that the relevant rules specifically the rule requiring Committee reports and all of that be suspended.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that the relevant rules that may impede our action on the said bills be suspended. The rules are, now, suspended.
Chairman Perman: Mr. Speaker.
Speaker Simina: Chairman Perman.
Chairman Perman: There is one bill that I forgot to mention. So, I would like to make a motion to withdraw and place C. B. No. 20-167.
Vice Speaker Moses: Second.
Speaker Simina: It has been moved and seconded that C. B. No. 20-167 be withdrawn from the Committee and placed on the Calendar for First Reading action. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. The relevant rules are still suspended.
Vice Speaker Moses: Mr. Speaker. Point of information.
Speaker Simina: State your point.
Vice Speaker Moses: What is the big gap between the Congressional Bills?
Speaker Simina: I understand some of those bills were either already taken up or different from the nature of these bills we are taking up. Most of these bills are lapse date extension and a few for specific public projects. The bills are not mentioned or not taken up are different bills and for different purposes. Am I correct, Chairman Perman?
Chairman Perman: Yes.
Speaker Simina: First bill.
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C. B. No. 20-159 (1st Reading): 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.
Speaker Simina: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: I so move for the passage of the bill, C. B. No. 20-159, on First Reading.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that Congress pass C. B. No. 20-159 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 Aye Senator Aritos Aye Senator Figir Excused Senator Gouland Excused Floor Leader Harper Excused Senator Konman Aye Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Aye Senator Perman Aye Senator Romolow Excused Senator Urusemal Aye Senator Welly Aye Speaker Simina Aye
Chief Clerk: Mr. Speaker, ten Members voted for.
Speaker Simina: For that reason, Congress has been passed C. B. No. 20-159 on First Reading. Next bill. Short recess.
Speaker Simina declared the Congress recessed at 11:02 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:03 a.m.
Speaker Simina: Congress comes back to session. Next bill, Chief Clerk.
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C. B. No. 20-160 (1st Reading): 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 the each of the states, and for other purposes.
Speaker Simina: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: I so move for the passage of the bill, C. B. No. 20-160, on First Reading.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that Congress pass C.B. No. 20-160 on First Reading. Any 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 Members. Chief Clerk, roll call.
Chairman Alik: Mr. Speaker, I don’t have a copy of the bill.
Speaker Simina: 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. Chief Clerk.
The Chief Clerk took the roll call by Members.
Senator Alik Aye Senator Aritos Aye Senator Figir Excused Senator Gouland Excused Floor Leader Harper Excused Senator Konman Aye Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Aye Senator Perman Aye Senator Romolow Excused Senator Urusemal Aye Senator Welly Aye Speaker Simina Aye
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Chief Clerk: Mr. Speaker, ten Members voted for.
Speaker Simina: For that reason, Congress has passed C. B. No. 20-160 on First Reading. Next bill.
C. B. No. 20-161 (1st Reading): 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.
Speaker Simina: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: Thank you, again, Mr. Speaker. I move that Congress pass C.B. No. 20-161 on First Reading.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that Congress pass C.B. No. 20-161 on First Reading. Discussions? If none, without objection, debate is closed. Let’s vote by roll call of Members. Chief Clerk.
The Chief Clerk took the roll call by Members.
Senator Alik Aye Senator Aritos Aye Senator Figir Excused Senator Gouland Excused Floor Leader Harper Excused Senator Konman Aye Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Aye Senator Perman Aye Senator Romolow Excused Senator Urusemal Aye Senator Welly Aye Speaker Simina Aye
Chief Clerk: Mr. Speaker, ten Members voted for.
Speaker Simina: For that reason, Congress has passed C. B. No. 20-161 on First Reading. Next bill.
C. B. No. 20-163 (1st Reading): 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
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projects and social programs in each of the states, and for other purposes.
Speaker Simina: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: Mr. Speaker, I move that Congress pass C.B. No. 20-163 on First Reading.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that Congress pass C.B. No. 20-163 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 Aye Senator Aritos Aye Senator Figir Excused Senator Gouland Excused Floor Leader Harper Excused Senator Konman Aye Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Aye Senator Perman Aye Senator Romolow Excused Senator Urusemal Aye Senator Welly Aye Speaker Simina Aye
Chief Clerk: Mr. Speaker, ten Members voted for.
Speaker Simina: For that reason, Congress has passed C. B. No. 20-163 on First Reading. Next bill.
C. B. No. 20-166 (1st Reading): 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.
Speaker Simina: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: Thank you, Mr. Speaker. I move for the passage of the bill, C.B. No. 20-166.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that Congress pass C.B. No. 20-166. 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 by roll call of Members. Chief Clerk, call the roll.
The Chief Clerk took the roll call by Members.
Senator Alik Aye Senator Aritos Aye Senator Figir Excused Senator Gouland Excused Floor Leader Harper Excused Senator Konman Aye Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Aye Senator Perman Aye Senator Romolow Excused Senator Urusemal Aye Senator Welly Aye Speaker Simina Aye
Chief Clerk: Mr. Speaker, ten Members voted for.
Speaker Simina: For that reason, Congress has passed C. B. No. 20-166 on First Reading. Next bill.
C. B. No. 20-167 (1st Reading): 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.
Speaker Simina: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: Thank you, Mr. Speaker. I move that Congress pass C.B. No. 20-167 on First Reading.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that Congress pass on First Reading C.B. No. 20-167. 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 Members. Chief Clerk.
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The Chief Clerk took the roll call by Members.
Senator Alik Aye Senator Aritos Aye Senator Figir Excused Senator Gouland Excused Floor Leader Harper Excused Senator Konman Aye Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Aye Senator Perman Aye Senator Romolow Excused Senator Urusemal Aye Senator Welly Aye Speaker Simina Aye
Chief Clerk: Mr. Speaker, ten Members voted for.
Speaker Simina: For that reason, Congress has passed C. B. No. 20-167 on First Reading. Next bill.
C. B. No. 20-168 (1st Reading): 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.
Speaker Simina: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: I so move for the passage of C.B. No. 20-168 on First Reading.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that Congress pass C.B. No. 20-168 on First Reading. 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 Members. Chief Clerk.
The Chief Clerk took the roll call by Members.
Senator Alik Aye Senator Aritos Aye Senator Figir Excused Senator Gouland Excused Floor Leader Harper Excused Senator Konman Aye
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Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Aye Senator Perman Aye Senator Romolow Excused Senator Urusemal Aye Senator Welly Aye Speaker Simina Aye
Chief Clerk: Mr. Speaker, ten Members voted for.
Speaker Simina: For that reason, Congress has passed C. B. No. 20-168 on First Reading. Next bill.
C. B. No. 20-169 (1st Reading): 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.
Speaker Simina: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: I move that Congress pass C.B. No. 20-169 on First Reading.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that Congress pass C.B. No. 20-169 on First Reading. 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 Members. Chief Clerk.
The Chief Clerk took the roll call by Members.
Senator Alik Aye Senator Aritos Aye Senator Figir Excused Senator Gouland Excused Floor Leader Harper Excused Senator Konman Aye Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Aye Senator Perman Aye Senator Romolow Excused Senator Urusemal Aye
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Senator Welly Aye Speaker Simina Aye
Chief Clerk: Mr. Speaker, ten Members voted for.
Speaker Simina: For that reason, Congress has passed C. B. No. 20-169 on First Reading. Next bill.
C. B. No. 20-170 (1st Reading): 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 programs for the people of the states of Yap, Kosrae, Pohnpei and Chuuk, and for other purposes.
Speaker Simina: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: Thank you, Mr. Speaker. I so move that Congress pass C.B. No. 20-170 on First Reading.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that Congress on First Reading C.B. No. 20-170. 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 Members. Chief Clerk.
The Chief Clerk took the roll call by Members.
Senator Alik Aye Senator Aritos Aye Senator Figir Excused Senator Gouland Excused Floor Leader Harper Excused Senator Konman Aye Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Aye Senator Perman Aye Senator Romolow Excused Senator Urusemal Aye Senator Welly Aye Speaker Simina Aye
Chief Clerk: Mr. Speaker, ten Members voted for.
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Speaker Simina: For that reason, Congress has passed C. B. No. 20-170 on First Reading. Next bill.
C. B. No. 20-171 (1st Reading): 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.
Speaker Simina: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: I so move for the passage of C.B. No. 20-171 on First Reading.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that Congress pass on First Reading C.B. No. 20-171. 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 Members. Chief Clerk.
The Chief Clerk took the roll call by Members.
Senator Alik Aye Senator Aritos Aye Senator Figir Excused Senator Gouland Excused Floor Leader Harper Excused Senator Konman Aye Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Aye Senator Perman Aye Senator Romolow Excused Senator Urusemal Aye Senator Welly Aye Speaker Simina Aye
Chief Clerk: Mr. Speaker, ten Members voted for.
Speaker Simina: For that reason, Congress has passed C. B. No. 20-171 on First Reading. Next bill.
C. B. No. 20-172 (1st Reading): 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
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funding public projects and social programs for the people of the states of Yap, Kosrae, Pohnpei and Chuuk, and for other purposes.
Speaker Simina: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: I so move for the passage of the bill, C.B. No. 20-172.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that Congress pass on First Reading C.B. No. 20-172. 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 Members. Chief Clerk.
The Chief Clerk took the roll call by Members.
Senator Alik Aye Senator Aritos Aye Senator Figir Excused Senator Gouland Excused Floor Leader Harper Excused Senator Konman Aye Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Aye Senator Perman Aye Senator Romolow Excused Senator Urusemal Aye Senator Welly Aye Speaker Simina Aye
Chief Clerk: Mr. Speaker, ten Members voted for.
Speaker Simina: For that reason, Congress has passed C. B. No. 20-172 on First Reading. Next bill. Short recess.
Speaker Simina declared the Congress recessed at 11:24 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. Next bill.
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C. B. No. 20-173 (1st Reading): 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.
Speaker Simina: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: Thank you, Mr. Speaker. I move that C.B. No. 20-173 be passed on First Reading.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that Congress pass on First Reading C.B. No. 20-173. 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 Members. Chief Clerk.
The Chief Clerk took the roll call by Members.
Senator Alik Aye Senator Aritos Aye Senator Figir Excused Senator Gouland Excused Floor Leader Harper Excused Senator Konman Aye Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Aye Senator Perman Aye Senator Romolow Excused Senator Urusemal Aye Senator Welly Aye Speaker Simina Aye
Chief Clerk: Mr. Speaker, ten Members voted for.
Speaker Simina: For that reason, Congress has passed C. B. No. 20-173 on First Reading. Next bill.
C. B. No. 20-174 (1st Reading): 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.
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Speaker Simina: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: I so move to recommit C.B. No. 20-174 to the Committee on W&M to be worked on by the Chairman.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that C.B. No. 20-174 be recommitted to the W&M Committee so the Chairman can work on it. Discussions? If none, debate is closed. Let’s vote. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. The bill, C.B. No. 20-174, is recommitted to the Committee on Ways and Means. Next bill.
C. B. No. 20-178 (1st Reading): 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.
Speaker Simina: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: I so move for the passage of the bill, C.B. No. 20-178, Mr. Speaker.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that Congress pass C.B. No. 20-178 on First Reading. Discussions? If there are no discussions, debate is closed. Let’s vote by roll call of Members. Chief Clerk.
The Chief Clerk took the roll call by Members.
Senator Alik Aye Senator Aritos Aye Senator Figir Excused Senator Gouland Excused Floor Leader Harper Excused Senator Konman Aye Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Aye Senator Perman Aye Senator Romolow Excused Senator Urusemal Aye Senator Welly Aye Speaker Simina Aye
Chief Clerk: Mr. Speaker, ten Members voted for.
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Speaker Simina: For that reason, Congress has passed C. B. No. 20-178 on First Reading. Next bill.
C. B. No. 20-226 (1st Reading): 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.
Speaker Simina: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: Thank you very much, Mr. Speaker. Now we are really catching come good fish. I move to pass C.B. No. 20-226 on First Reading.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that Congress pass on First Reading C.B. No. 20-226. 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 Aye Senator Aritos Aye Senator Figir Excused Senator Gouland Excused Floor Leader Harper Excused Senator Konman Aye Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Aye Senator Perman Aye Senator Romolow Excused Senator Urusemal Aye Senator Welly Aye Speaker Simina Aye
Chief Clerk: Mr. Speaker, ten Members voted for.
Speaker Simina: For that reason, Congress has passed C. B. No. 20-226 on First Reading. Next bill.
C. B. No. 20-227 (1st Reading): 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.
Speaker Simina: Acting Floor Leader Urusemal.
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Acting Floor Leader Urusemal: Thank you, Mr. Speaker. I move that Congress pass C.B. No. 20-227 on First Reading.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that Congress pass on First Reading C.B. No. 20-227. Discussions?
Chairman Perman: Question.
Speaker Simina: Questions has been called for. If no objections, debate is closed. Let’s vote by roll call of Members. Chief Clerk.
The Chief Clerk took the roll call by Members.
Senator Alik Aye Senator Aritos Aye Senator Figir Excused Senator Gouland Excused Floor Leader Harper Excused Senator Konman Aye Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Aye Senator Perman Aye Senator Romolow Excused Senator Urusemal Aye Senator Welly Aye Speaker Simina Aye
Chief Clerk: Mr. Speaker, ten Members voted for.
Speaker Simina: For that reason, Congress has passed C. B. No. 20-227 on First Reading. Next bill.
C. B. No. 20-228 (1st Reading): To amend Public Law No. 20-93, 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: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: I so move for the passage of the bill, C.B. No. 20-228, on First Reading. 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 Members. Chief Clerk.
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The Chief Clerk took the roll call by Members.
Senator Alik Aye Senator Aritos Aye Senator Figir Excused Senator Gouland Excused Floor Leader Harper Excused Senator Konman Aye Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Aye Senator Perman Aye Senator Romolow Excused Senator Urusemal Aye Senator Welly Aye Speaker Simina Aye
Chief Clerk: Mr. Speaker, ten Members voted for.
Speaker Simina: For that reason, Congress has passed C. B. No. 20-228 on First Reading. Next bill.
Chairman Perman: 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 11:49 a.m.
Speaker Simina: Congress comes back to session. We are still on the Bill Calendar. Chairman Perman.
Chairman Perman: I yield the floor to Acting Floor Leader Urusemal.
Speaker Simina: Acting Floor Leader Urusemal, you have the floor.
Acting Floor Leader Urusemal: Thank you very much, Mr. Speaker. I move that Congress reconsider C.B. No. 20-223, CD2.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that Congress reconsider its action on C.B. No. 20-223, CD2. Chief Clerk, read the title.
C. B. No. 20-223, 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 and 20-94, in order to appropriate $505,000 of additional funds from the General Fund of the Federated States of Micronesia
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for the fiscal year ending September 30, 2018, and for other purposes.
Speaker Simina: There you have it. It is not subject to debate. It requires at least three states to vote for. Chief Clerk, roll call of Delegations.
The Chief Clerk took the roll call by States for reconsideration.
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, the reconsideration is passed. The act is placed on the Bill Calendar.
Chairman Urusemal: Short recess.
Speaker Simina declared the Congress recessed at 11:51 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:57 a.m.
Speaker Simina: Congress comes back to session. We are still on the Bill Calendar.
Chairman Urusemal: Mr. Speaker.
Speaker Simina: Acting Floor Leader Urusemal.
Chairman Urusemal: I so move for the passage of C.B. No. 20-223, CD2 on Second and Final Reading.
Chairman Panuelo: Second.
Speaker Simina: It has been moved and seconded that Congress pass C.B. No. 20-223, CD2 on Second and Final Reading. Discussions?
Chairman Urusemal: Mr. Speaker.
Speaker Simina: Chairman Urusemal.
Chairman Urusemal: Thank you, Mr. Speaker. I wish to make an oral amendment to the bill, C.B. No. 20-223, CD2.
Speaker Simina: Proceed.
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Chairman Urusemal: Thank you, Mr. Speaker. Item 1, page 21, line 25, insert the following: “(h) Chuuk airport emergency needs 150,000”.
I so move.
Vice Speaker Moses: Second.
Speaker Simina: It has been moved and seconded that the offered oral amendment to C.B. No. 20-223, CD2 be adopted. Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: I so move for the suspension of the rules, especially the prohibition of making substantive amendment on Second Reading.
Chairman Perman: Second.
Speaker Simina: It has been moved and seconded that the relevant rules, especially the rule prohibiting substantive amendment on Second and Final Reading be suspended. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. The rules are, now, suspended.
Chairman Urusemal: 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 12:04 p.m.
Speaker Simina: Congress comes back to session. We are on discussion on the offered amendment by Acting Floor Leader Urusemal. Are there any discussions? If none, debate is closed. Let’s vote on the offered oral amendment. All those in favor of the adoption of the offered amendment say “aye” – opposed “nay”. The motion is carried. The offered oral amendment to C.B. No. 20-223, CD2 is adopted. We now have C.B. No. 20-223, CD3. Any further discussions?
Chairman Perman: Question.
Speaker Simina: Before we move on to the voting, let the record reflect that there are technical corrections to be made to the title in terms of amounts, same as the text for the grant totals and the subtotals. The staff is instructed to make those technical corrections. There is a motion to close debate. 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 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.
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Speaker Simina: For that reason, C.B. No. 20-223, CD3 has been passed on Second and Final Reading. Next bill.
Chairman Perman: Mr. Speaker.
Speaker Simina: Chairman Perman.
Chairman Perman: Thank you, Mr. Speaker. I would like to make a motion that this Congress stands in recess until 10:00 a.m., in the morning.
Vice Speaker Moses: Second.
Speaker Simina: It has been moved and seconded that Congress stand in recess until tomorrow at 10:0 a.m. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. Congress, now, stands in recess until tomorrow at 10:00 a.m.
Speaker Simina declared that the Congress stand in recess at 12:06 p.m., Monday, August 06, 2018, until tomorrow, Tuesday, August 07, 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 SPECIAL SESSION
CLOSING DAY
Tuesday, August 07, 2018
The Closing Day of the Fifth Special Session of the Twentieth Congress of the Federated States of Micronesia was called to order at 10:36 a.m., Tuesday, August 07, 2018.
Speaker Wesley W. Simina presided.
A moment of silent prayer was observed.
The Chief Clerk called the roll. Ten Members were present; Chairman Figir, Chairman Gouland, Chairman Romolow, and Floor Leader Harper were excused.
Chairman 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
-No. 20-287 - (Dated 08/03/18 and received 08/06/18) – Transmitting a bill to appropriate $21,198 as a supplemental budget to resolve three pending court cases against the FSM National Government.
Speaker Simina: Assign that Communication, Chief Clerk. Next item.
FSM SUPREME COURT COMMUNICATIONS
None
MEMBER COMMUNICATIONS
None
DEPARTMENTAL COMMUNICATIONS
None
AGENCY OR GOVERNMENTAL AUTHORITY COMMUNICATIONS
None
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STATE COMMUNICATIONS
-No. 20-24 - (Date 08/03/18 and received 08/06/18) – From Ms. 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, 2108: “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.”
Speaker Simina: Assign that Communication, Chief Clerk. Next item.
STATE SUPREME COURT COMMUNICATIONS
None
MUNICIPAL OR TOWN COMMUNICATIONS
None
FOREIGN GOVERNMENT COMMUNICATIONS
-No. 20-53 - (Dated 07/31/18 and received 08/06/18) – From the Hon. Bambang, Soesatyo, Speaker, House of Representative, Republic of Indonesia, expressing highest appreciation and thanks to Speaker and his delegation members 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.
Speaker Simina: Assign that Communication, Chief Clerk. Next item.
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. 20-77.
TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIFTH SPECIAL SESSION August 02, 2018 to August 07, 2018
COMMITTEE REFERRAL
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REFERRAL SHEET NO. 20-77, DAY 06, TUESDAY, 08/07/18, AT 10:00 A.M.
C.B. NO. SUBJECT COMMITTEE 20-226 To amend Public Law No. 20-31, as amended by Public W&M 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. 20-227 To further amend Public Law No. 19-64, as amended by W&M 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. 20-228 To amend Public Law No. 20-93, by amending section 1 W&M 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. 20-229 To appropriate the sum of $21,198 from the General Fund of W&M 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.
UNFINISHED BUSINESS
None
BILL CALENDAR
C. B. No. 20-159 (2nd Reading): 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.
Speaker Simina: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: Thank you very much, Mr. Speaker. I move that C.B. No. 20-159 be passed on Second and Final Reading.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that Congress pass C.B. No. 20-159 on Second and Final Reading. Short recess.
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Speaker Simina declared the Congress recessed at 10:40 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 10:46 a.m.
Speaker Simina: Congress comes back to session. We are still on discussion of C.B. No. 20-159. Are there any further discussions?
Chairman Urusemal: Mr. Speaker.
Speaker Simina: Chairman Urusemal.
Chairman Urusemal: Mr. Speaker, based on the discussions during the recess, while we are proceeding to extend lapse date of these public projects, I just wish for the record to reflect that this Congress is concerned about the continuing lack of implementation already appropriated funds for needed projects in the communities, in our islands, and in the municipalities and in our states. Thank you.
Speaker Simina: Thank you, Chairman Urusemal for the concern. That is all shared by all Members. Any further discussions on the bill, C. B. No. 20-159. If none, let’s all vote by roll call of Delegation. 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. 20-159 has been passed on Second and Final Reading by Congress. Next bill.
C. B. No. 20-160 (2nd Reading): 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 the each of the states, and for other purposes.
Speaker Simina: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: Thank you, Mr. Speaker. I move that C. B. No. 20-160 be passed on Second and Final Reading.
Senator Konman: Second.
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Speaker Simina: It has been moved and seconded that Congress pass C. B. No. 20-160 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 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. 20-160 has been passed on Second and Final Reading by Congress. Next bill.
C. B. No. 20-161 (2nd Reading): 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.
Speaker Simina: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: I so move for the passage of C. B. No. 20-161 on Second and Final Reading.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that Congress pass C. B. No. 20-161 on Second and Final Reading. Discussions? If none, debate is closed. Let’s vote by roll call of Delegations. 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 Aye
Chief Clerk: Mr. Speaker, all the four States voted for.
Speaker Simina: For that reason, C. B. No. 20-161 has been passed on Second and Final Reading by Congress. Next bill.
C. B. No. 20-163 (2nd Reading): 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
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projects and social programs in each of the states, and for other purposes.
Speaker Simina: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: Mr. Speaker, I move for the passage of the bill, C.B. No. 20-163, on Second and Final Reading.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that Congress pass on Second and Final Reading C. B. No. 20-163. 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. 20-163 has been passed on Second and Final Reading by Congress. Next bill.
C. B. No. 20-166 (2nd Reading): 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.
Speaker Simina: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: Mr. Speaker, I move that C. B. No. 20-166 be passed on Second and Final Reading.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that C. B. No. 20-166 be passed 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 Aye State of Yap: Chairman Urusemal Aye
Chief Clerk: Mr. Speaker, all the four States voted for.
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Speaker Simina: For that reason, C. B. No. 20-166 has been passed on Second and Final Reading by Congress. Next bill.
C. B. No. 20-167 (2nd Reading): 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.
Speaker Simina: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: Mr. Speaker, I move for the passage of C. B. No. 20-167 on Second and Final Reading.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that Congress pass on Second and Final Reading C. B. No. 20-167. 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. 20-167 has been passed on Second and Final Reading by Congress. Next bill.
C. B. No. 20-168 (2nd Reading): 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.
Speaker Simina: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: Mr. Speaker, I move for the passage of C. B. No. 20-168 on Second and Final Reading.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that Congress pass C. B. No. 20-168 on Second and Final Reading. Discussions? If none, debate is closed. Let’s vote by roll call of Delegations. Chief Clerk.
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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. 20-168 has been passed on Second and Final Reading by Congress. Next bill.
C. B. No. 20-169 (2nd Reading): 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.
Speaker Simina: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: Mr. Speaker, I move for the passage of the bill, C.B. No. 20-169, on Second and Final Reading.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that Congress pass C. B. No. 20-169 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 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. 20-169 has been passed on Second and Final Reading by Congress. Next bill.
C. B. No. 20-170 (2nd Reading): 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 programs for the people of the states of Yap, Kosrae, Pohnpei and Chuuk, and for other purposes.
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Speaker Simina: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: Thank you, Mr. Speaker. I move for the passage of C. B. No. 20-170.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that Congress pass C. B. No. 20-170 on Second and Final Reading C. B. No. 20-170. 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. 20-170 has been passed on Second and Final Reading by Congress. Next bill.
C. B. No. 20-171 (2nd Reading): 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.
Speaker Simina: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: Thank you, Mr. Speaker. I move for the passage of C. B. No. 20-171 on Second and Final Reading.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that Congress pass C. B. No. 20-171 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 Aye State of Yap: Chairman Urusemal Aye
Chief Clerk: Mr. Speaker, all the four States voted for.
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Speaker Simina: For that reason, Congress has passed C. B. No. 20-171 on Second and Final Reading by Congress. Next bill.
C. B. No. 20-172 (2nd Reading): 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.
Speaker Simina: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: I move for the passage of the bill, C. B. No. 20-172, on Second and Final Reading.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that Congress pass C. B. No. 20-172 on Second and Final Reading. Discussions? If none, debate is closed. Let’s vote by roll call of Delegations. 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 Aye
Chief Clerk: Mr. Speaker, all the four States voted for.
Speaker Simina: For that reason, Congress has passed C. B. No. 20-172 on Second and Final Reading by Congress. Next bill.
C. B. No. 20-173 (2nd Reading): 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.
Speaker Simina: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: 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 10:57 a.m.
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Speaker Simina: Congress comes back to session.
Acting Floor Leader Urusemal: Mr. Speaker.
Speaker Simina: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: I move for the passage of C. B. No. 20-173 on Second and Final Reading.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that Congress pass C. B. No. 20-173 on Second and Final Reading. Discussions? If none, debate is closed. Let’s vote by roll call of Delegations. 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 Aye
Chief Clerk: Mr. Speaker, all the four States voted for.
Speaker Simina: For that reason, Congress has passed C. B. No. 20-173 on Second and Final Reading by Congress. Next bill.
C. B. No. 20-178 (2nd Reading): 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.
Speaker Simina: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: Mr. Speaker, I move for the passage of C. B. No. 20-178 on Second and Final Reading.
Chairman Panuelo: Second.
Speaker Simina: It has been moved and seconded that Congress pass C. B. No. 20-178 on Second and Final Reading. Discussions? Short recess.
Speaker Simina declared the Congress recessed at 10:59 a.m., subject to the call of the Chair.
RECESS
The Congress reconvened at 11:00 a.m.
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Speaker Simina: Congress comes back to session. We are on discussion of C. B. No. 20-178. If no discussions, 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, Congress has passed C. B. No. 20-178 on Second and Final Reading by Congress. Next bill.
C. B. No. 20-226 (2nd Reading): 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.
Speaker Simina: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: Mr. Speaker, I move that Congress pass on Second and Final Reading C. B. No. 20-226.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that Congress pass on Second and Final Reading C. B. No. 20-226. Discussions? 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. We are on discussion of C. B. No. 20-226. If no discussions, debate is closed. Let’s vote by roll call of Delegations. 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 Aye
Chief Clerk: Mr. Speaker, all the four States voted for.
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Speaker Simina: For that reason, Congress has passed C. B. No. 20-226 on Second and Final Reading by Congress. Next bill.
C. B. No. 20-227 (2nd Reading): 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.
Speaker Simina: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: Mr. Speaker, I move that Congress pass C. B. No. 20-227 on Second and Final Reading.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that Congress pass C. B. No. 20-227 on Second and Final Reading. Discussions?
Senator Neth: Mr. Speaker.
Speaker Simina: Senator Neth.
Senator Neth: Thank you, Mr. Speaker. I have a small floor amendment that has been distributed. I so move for its adoption.
Chairman Panuelo: Second.
Speaker Simina: It has been moved and seconded that the offered amendment by Senator Neth 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 11:04 a.m.
Speaker Simina: Congress comes back to session. We have a floor amendment, which has been distributed to all Members. Chief Clerk, read it into the record.
The Chief Clerk read the amendment:
Amendment to C. B. No. 20-227 Offered by Senator Dion G. Neth
C. B. No. 20-227 is hereby amended to read as follows:
1. Page 4, line 24, delete “15,000”, and insert “10,000” in lieu thereof. 2. Page 5, line 19, delete “10,000”, and insert “15,000” in lieu thereof.
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Date: August 07, 2018 Introduced by: /s/ Dion G. Neth Dion G. Neth
Purpose of the Amendment: To change the use of funds under this act for Election District No. 2, Pohnpei State.
Speaker Simina: It is just a changing of amounts. Any discussions on the offered amendment? Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: I so move that the relevant rules be suspended.
Chairman Panuelo: Second.
Speaker Simina: It has been moved and seconded that the relevant rules specifically the rule 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 suspended. Any further discussions? If none, let’s vote. All those in favor of the adoption of the amendment to C. B. No. 20-227 say ‘aye’ – opposed say ‘nay’. The motion is carried. The amendment is adopted. We, now, have C. B. No. 20-227, CD1. Any further discussions? If none, debate is closed. Let’s vote by roll call of Delegations. 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 Aye
Chief Clerk: Mr. Speaker, all the four States voted for.
Speaker Simina: For that reason, Congress has passed C. B. No. 20-227, CD1 on Second and Final Reading by Congress. Next bill.
C. B. No. 20-228 (2nd Reading): To amend Public Law No. 20-93, 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: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: I so move for the passage of C. B. No. 20-228 on Second and Final Reading.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that Congress pass on Second and Final Reading C. B. No. 20-228. Discussions?
Chairman Welly: Mr. Speaker.
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Speaker Simina: Chairman Welly.
Chairman Welly: Thank you, Mr. Speaker. I have a floor amendment that I wish to offer to C. B. No. 20-228.
Speaker Simina: Proceed.
Chairman Welly: Thank you, Mr. Speaker. It is in today’s package. It has already been circulated to all Members. It is quite lengthy so I will not ask the Chief Clerk to read it, but I rather move for its adoption. I so move.
Amendment to C. B. No. 20-228 Offered by Senator Paliknoa K. Welly
C. B. No. 20-228 is hereby amended to read as follows:
1. Title, line 1, delete “section 1”, and insert “sections 1 and 2” in lieu thereof. 2. Title, line 2, after “use”, insert “and allottee”. 3. Page 2, line 25, delete “Utwe Farmers Association contribution”, and insert “Kosrae Visitor’s Bureau Subsidy” in lieu thereof. 4. Page 3, line 3, delete “55,000”, and insert “0” in lieu thereof. 5. Page 3, between lines 7 and 8, insert the following: “(ad) Farmland improvement – Yelum, Utwe………………. 20,000 (ae) Cultural projects in Utwe Ma, Utwe……………………. 20,000 (af) Kosrae Special Parents Network (KSPN) subsidy……… 5,000” 6. Page 3, after “Section 2.”, insert the following: “Allotment and management of funds and lapse date. All funds appropriated by this act shall be allotted, managed, administered and accounted for in accordance with applicable laws, including, but not limited to, the Financial Management Act of 1979. The allottee shall be responsible for ensuring that these funds, or so much thereof as may be necessary, are used solely for the purpose specified in this act, and that no obligations are incurred in excess of the sum appropriated. The allottee of the funds appropriated under subsections 1(a) to 1(o) of this act shall be the Mayor of Tafunsak Municipal Government or his designee. The allottee of the funds appropriated under subsections 1(p) to [1(ac)] 1(af) of this act shall be the Mayor of Lelu Town Government or his designee. The authority of the allottee to obligate funds appropriated by this act shall lapse on September 30, 2020.”
7. Page 3, line 8, delete “Section 2”, and insert “Section 3” in lieu thereof.
Date: August 06, 2018 Introduced by: /s/ Paliknoa K. Welly Paliknoa K. Welly
Purpose of the Amendment: To change the use and allottee of funds under this act for Kosrae State.
Senator Konman: Second.
Speaker Simina: It has been moved and seconded that the offered amendment by Chairman Welly to C. B. No. 20-228 be adopted. Short recess.
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Speaker Simina declared the Congress recessed at 11:09 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. There is a floor amendment offered by Chairman Welly. Before we proceed, I just want to say for the record that the relevant rules are still suspended up to this point. Discussion of the offered amendment?
Chairman Welly: Mr. Speaker.
Speaker Simina: Chairman Welly.
Chairman Welly: Thank you, Mr. Speaker. I wish to further amend the floor amendment that I made earlier.
Speaker Simina: Proceed.
Chairman Welly: Thank you, Mr. Speaker. On page 1, item 5, after “(f)”, insert “(ag) Kosrae High School lunch program $10,000”. On item 6, third to the last paragraph, delete “(af)”, and insert “(ag)” in lieu thereof. I so move.
Vice Speaker Moses: Second.
Speaker Simina: It has been moved and seconded that the offered oral amendment to the written floor amendment be adopted. Discussions?
Chairman Urusemal: Short recess, Mr. Speaker.
Speaker Simina declared the Congress recessed at 11:12 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. We are still on the discussion of the oral amendment. If no discussions, let’s vote. All those in favor of the oral amendment to the written amendment by Chairman Welly say ‘aye’ – opposed say ‘nay’. The motion is carried. The offered oral amendment is adopted. We are still on discussion of the floor amendment as orally amended. Are there any further discussions on the floor amendment? If none, let’s vote. All those in favor of the adoption of the offered floor amendment say ‘aye’ – opposed say ‘nay’. The motion is carried. The offered amendment by Chairman Welly is adopted. We, now, have C. B. No. 20-228, CD1. Are there any further discussions on C. B. No. 20-228, CD1? 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
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State of Yap: Chairman Urusemal Aye
Chief Clerk: Mr. Speaker, all the four States voted for.
Speaker Simina: For that reason, Congress has passed C. B. No. 20-228, CD1 on Second and Final Reading by Congress. Next bill.
Chief Clerk: There are none, Mr. Speaker.
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. Next item.
INTRODUCTION OF BILLS
C. B. No. 20-226: Introduced by: Senator Welly Assigned to: W&M Date introduced: August 06, 2018
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.
C. B. No. 20-227: Introduced by: Senator Neth Assigned to: W&M Date introduced: August 06, 2018
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.
C. B. No. 20-228: Introduced by: /s/ Acting Floor Leader Urusemal (By request) Assigned to: W&M Date introduced: August 06, 2018
To amend Public Law No. 20-93, 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.
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C. B. No. 20-229: Introduced by: Senator Welly Assigned to: W&M Date introduced: August 06, 2018
To appropriate the sum of $21,198 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30,2018, in order to settle three pending court cases against the FSM Government, and for other purposes.
INTRODUCTION OF RESOLUTIONS
None
MISCELLANEOUS COMMUNICATIONS
-No. 20-24 - (Dated 08/04/18 and received 08/06/18) – From Rev. 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.
-No. 20-25 - (Dated and received 08/07/18) – From the Chief Clerk of the Congress, Liwiana Ramon Ioanis, presenting a trip report on her trip to attend the 49th Presiding Officers and Clerk’s Conference in Wellington, NZ, 08-13 July 2018.
Speaker Simina: Assign those Communications, Chief Clerk. Miscellaneous Business.
MISCELLANEOUS BUSINESS
Speaker Simina: Do you have any miscellaneous business?
Chairman Urusemal: Mr. Speaker.
Speaker Simina: Chairman Urusemal.
Chairman Urusemal: Thank you, Mr. Speaker. I wish to introduce for recognition some individuals who are observing this morning’s session. Let me, first of all, introduce three recent graduates of Xavier High School in Chuuk. The three graduates are here helping the IT with the backlog of the bills and resolutions from the First Congress to the Twelfth. May I introduce Vincent Samo, Lorin Robert Jr., and Ramsey Narruhn and ask that we give them a collective round of applause? (Applause). I also recognize and wish for this Congress to acknowledge the presence of Ms. Cheryl Burkyndine who has been observing our session especially this Special Session (applause). May I also make the motion in Miscellaneous Business that you and the Vice Speaker review and make any technical corrections but not major changes to our Journal from Day One to today? I so move, Mr. Speaker.
Chairman Panuelo: Second.
Speaker Simina: It has been moved and seconded that the Presiding Officers, including the Acting Floor Leader be responsible for reviewing and correcting technical corrections to all of our Journals. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. So be it. We join you, Acting Floor Leader Urusemal, in recognizing those young students who have graduated. We wish them the best in their future plans. I believe they will do the works that our IT and our PIO were not able to do for the past several years updating our records.
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Chairman Panuelo: Mr. Speaker.
Speaker Simina: Chairman Panuelo.
Chairman Panuelo: Thank you, Mr. Speaker. Before we close out or adjourn our session, I wish to put on record that I missed the few days for this Special Session that our President called. I wasn’t paying attention but I know that this Congress passed a resolution and I merely wish to state on record, on behalf of the Panuelo family, and express our appreciation for the resolution adopted by this Congress expressing condolences and sympathies for the passing of my dad, Dr. Alexander Panuelo on June 28th, and for recognizing his service and contributions to our state of Pohnpei and our Nation as a medical practitioner and also his contributions to the business community. When I represented our family and say a few words at the service, my siblings wanted to say that he was a great father, a great surgeon, and a great fisherman. I think in the process of trying to find some information on my dad, Dr. Panuelo, we discovered a rare photo that had never seen by the family. I was surprised that one of the workers of the labor at Pohnpei State found a photo that he forwarded to one of my brothers. He said it was dated on his record, “March 7, 1951”. He was either nineteen years old applying for a student permit to reside in Fiji as one of the first student heading there. The photo was there and it is in great condition. I showed my mother the photo and she said, “You know I’ve never seen this photo because we had not met yet at the time.” I think my father went to Fiji and when he came back, that is when they met. So, before we adjourn, I would like to represent my mother, Albertina Weilbacher Panuelo, my siblings, and our extended Panuelo family in expressing our appreciation to this Congress, Mr. Speaker and all Members, including your contributions which I learned from Chief Clerk at a later date. Our Panuelo family is appreciative of the resolution adopted by this Congress. I thank you all especially to the sponsor of the resolution, Vice Speaker Moses, for initiating the resolution for my dad. Mr. Speaker, I merely wish to put on record our family’s appreciation. Thank you all.
Speaker Simina: Thank you, Chairman Panuelo. Indeed, we were at lost when we heard about what happened, the passing of your dad. We are a family. In Congress, we are a family. It happened to you, to Senator Neth and it will happen to all of us in our lifetime. We will do what we can in assisting. Any other miscellaneous business? I would also like to take this opportunity to thank all of you, Members, who have been able to attend our session. It is a short one and a productive one. Thank you very much for your participation, for your support in ensuring that this session works out well. I know the President is not too happy with the things we did for his call, but we explained to him what is needed. I told him that some of the matters are still waiting for some of the conditions we feel it’s needed to ensure that we can move forward to some of the proposals or requests. I also would like to thank our hardworking staff for all the hard works they have put in to our session. As you know, we delayed our session one week because we need to finish up all our budget and reports. I would urge all the Committees to finish up your reports so that we just come in and finish up the budget before the end of the fiscal year. I don’t see much of any problem. I think our budget revenue forecast is okay unless something comes up that we are not anticipating at this point. But I think we can still work within the budget request and considerations by each respective Committee. Having said that, are there any other businesses? If none, next item.
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August 07, 2018 CONGRESSIONAL JOURNAL – CLOSING DAY – 5SS – 20CFSM
ANNOUNCEMENTS
Speaker Simina: Chairman Welly.
Chairman Welly: Thank you, Mr. Speaker. Your External Affairs Committee will do its mark-up hearing this afternoon in the Hearing Room.
Speaker Simina: Thank you, Chairman Welly. It looks like you are concluding your work on the budget. Thank you for that. Members of External Affairs Committee, take note. Vice Chairman Neth.
Senator Neth: None, Mr. Speaker. Thank you.
Speaker Simina: Thank you. Chairman Alik. Chairman Perman.
Chairman Perman: Food will be provided, but I still don’t have a volunteer for who is going to pay for it. It has already been ordered.
Speaker Simina: That is obligating the Committees. Vice Chairman Aritos. Chairman Panuelo.
Chairman Panuelo: Mr. Speaker, to cover Chairman Perman’s announcement, R&D Committee will volunteer to cover today’s lunch. Mr. Speaker, just to let you know, your Committee on R&D did its budget hearing with NORMA. Hopefully, it is going to expedite when we come back in the next session to do our Committee reports so that we can do it earlier in the next regular session coming up. Thank you, Mr. Speaker.
Speaker Simina: Thank you, Chairman Panuelo for that progress. Vice Chairman Konman.
Senator Konman: Thank you, Mr. Speaker. I have no announcements.
Speaker Simina: Thank you. Vice Speaker. Chairman Urusemal, do you have any announcements before the Acting Floor Leader take it up?
Chairman Urusemal: Mr. Speaker, I just wish to take this opportunity to announce my regret and apology to all of you who have anticipated a good lunch yesterday. Unfortunately, your request fell through and we did not get it. Your Committee on Education has already advanced its work, including adoption by this Congress of the resolution on the Special Education Grant. I should ask that the grant be thrown out, because my little boy still cannot speak and he is five years old, but they have not provided help. But anyway, no announcement from your Committee.
Speaker Simina: Acting Floor Leader Urusemal.
Acting Floor Leader Urusemal: I move that this Congress adjourn side-die.
Senator Konman: Second.
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August 07, 2018 CONGRESSIONAL JOURNAL – CLOSING DAY – 5SS – 20CFSM
Speaker Simina: It has been moved and seconded that Congress adjourn sine-die. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. May we all rise. The Fifth Special Session of the Twentieth Congress is now adjourned sine-die.
Speaker Simina declared that the Congress stand adjourn sine-die at 11:30 a.m., Tuesday, August 07, 2018.
Respectfully submitted,
Liwiana Ramon Ioanis Chief Clerk
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20th CONGRESS of the Federated States of Micronesia
FIFTH SPECIAL SESSION
Standing Committee Reports
99
STANDING COMMITTEE REPORT NO. 20-73
RE: C.R. NO. 20-86/EXAFF
SUBJECT: CONFIRMING THE NOMINATION OF MS. TERESA M. FILEPIN TO SERVE AS THE FSM CONSUL GENERAL IN GUAM, U.S.A.
AUGUST 3, 2018
The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fifth Special Session, 2018
Dear Mr. Speaker:
Your Committee on External Affairs, to which was referred C.R. No. 20-86, entitled:
“A RESOLUTION TO CONFIRM THE NOMINATION OF MS. TERESA M. FILEPIN TO SERVE AS THE FSM CONSUL GENERAL IN GUAM, U.S.A.”, begs leave to report as follows:
The intent and purpose of this resolution are expressed in its title.
On February 15, 2018, the President transmitted through Presidential Communication No. 20-210 Congressional Resolution No. 20-86, which is the nomination of Ms. Teresa M. Filepin to serve as the FSM Consul General in Guam, U.S.A. In Presidential Communication No. 20-210, the bio data of the nominee was enclosed.
Educational Background The nominee received a Bachelor of Arts in Political Science at the University of Hawaii, Hilo Campus and an Academic Certificate on Public Administration and Public Services at the same institute in 1998. The nominee graduated with a diploma at Yap High school.
Work Experiences For the nominee’s past working experiences, she is currently the Director of Yap State Department of Education. She served as Director from 2015 until today. In 2004 to 2015, she served as the Director for COM-FSM, Yap Upward Bound Program. In 1999 to 2003, she served as the Assistant Manager for Mid- Pacific Company in the state of Yap.
Trainings/Conferences The nominee participated in several trainings and conferences. In 2013, she attended the Educational Equity Board Training at the Western Association of Equal Opportunity in San Diego, California. In 2012, she took a course on Accreditation Basic Course by the Accrediting Commission for Community and Junior Colleges at COM-FSM. In 2011, she attended a Legislative and Regulatory Requirement Course at Western Kentucky University. In 2010, she participated in a Personnel Management Course at Western Kentucky University. She also attended a Priority 5 Training (TRIO Programs) at the University
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STANDING COMMITTEE REPORT NO. 20-73 RE: C.R. NO. 20-86/EXAFF SUBJECT: CONFIRMING THE NOMINATION OF MS. TERESA M. FILEPIN TO SERVE AS THE FSM CONSUL GENERAL IN GUAM, U.S.A.
AUGUST 3, 2018 of California, Fresno State in 2008. She took a course on Grant Writing at the University of Nevada, Reno in 2006. In 2005, she attended a Budget Management and Record Keeping, Council for Opportunity in Education in Washington, D.C. The same year, she attended a Project Performance and Evaluation workshop at Western Kentucky University. She also took a Trial Counselor Training and Certification for the Yap State Bar Association, and currently is a member of the Yap State Bar Association.
Other Professional and Community Services Experiences The nominee was elected as the Vice President of the FSM Women’s Council in 2018 and has held that position since 2012. The nominee is amongst those that are eligible to sit as a Judge Pro Tem for the Yap State Court. In 2013 to 2015, she was a member of the Waab Community Health Centers Board. The nominee was a member of the Rull Community School Board from 2012 to 2015.
On July 9, 2018, your Committee held a public hearing on the nomination of Ms. Teresa M. Filepin at the FSM Consulate Office in Guam, U.S.A. Present at the hearing were Chairman Paliknoa K. Welly, Vice Chairman Dion G. Neth, Secretary Lorin Robert, Chief of Staff Leo Falcam Jr., Assistant Secretary Sohs John representing the Department of Finance and Administration, Assistant Attorney General Jun Bacalando, exiting Consul General Robert Reucho, Foreign Service Officers Johnny Silbanuz and Willy Williander, Administrative Assistant Linda Timothy, staff attorney Alik Jackson, and the nominee.
Chairman Paliknoa K. Welly opened the hearing and greeted everyone. He introduced the members and staff of the FSM Congress, as well as the witnesses from the Executive branch that travelled with the Committee to the confirmation hearing. Then Chairman Welly welcomed the nominee, and gave her an opportunity to say a few words.
The nominee thanked the Chairman for the opportunity to comment on her nomination and reciprocated her warm greetings to the Chairman and the rest of the members of the Committee on External Affairs and representatives from the Executive branch for taking the time to travel to Guam to conduct the hearing. She then gave Secretary Lorin Robert to say a few words before she continues.
Secretary Robert thanked the nominee and reiterated to the Committee the President’s strong support for the nominee. He emphasized that the nominee was a respected member in the FSM Joint Economic Management Committee (JEMCO) group for her exceptional performance at several JEMCO meetings. Secretary Robert indicated that as one of the FSM members to the JEMCO, he really admired her performance. Thus, it is a testimony that supports her quality to be a Consul General. Chief of Staff Leo Falcam, Jr. expressed strong support and indicated that the nominee brings a wealth of experience as justified in her resume.
Chairman Welly asked the nominee what she thinks about the salary of the Consul General. The nominee indicated that she is not really care about the salary. She informed the Committee that she even gave up a lucrative position to take the Director of Education position for Yap State. Chairman Welly continued by asking the nominee whether the leadership of Yap State was informed about her nomination. The nominee indicated that the Governor of Yap State informed her that, if she is confirmed to the position, it will be a lost to Yap State, but he supported the effort of nation building. The nominee at the end informed the Committee that the Yap State leadership is fully aware.
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AUGUST 3, 2018
Vice Chairman Dion G. Neth asked who first approached her about the position. The nominee explained that the President talked to her about the position sometimes in December 2017, and she already expressed her interest. Assistant Attorney General Jun Bacalando, on behalf of Secretary Joses Gallen, informed the committee that the Department of Justice fully supports the nominee. The two Foreign Service Officers and the Administrative staff expressed their support for the nominee.
The nominee was given another opportunity to comment on her nomination. She once again thanked the Committee and its support for her cannot be overemphasized. She said that she is a quick learner and stands ready for any decision.
Chairman Welly expressed his support for the nominee. He also commented that health and education issues facing the FSM citizens here in Guam and elsewhere are important issues, which she should be anticipating if she becomes a Consul General.
Your Committee would like to offer the following technical amendment to read as follows:
1) Page 1, insert 14, delete “Fourth Regular” and insert “Fifth Special Session“ in lieu thereof;
Four Regular and Absent any contrary indication, your Committee believes this nominee should be confirmed, and so recommends that Ms. Teresa M. Filipen be confirmed as the FSM Consul General in Guam, U.S.A. Your Committee on External Affairs is in accord with the intent and purpose of C.R. No. 20-86, and recommends its adoption in the form attached hereto as C.R. No. 20-86, C.D.1.
Respectfully submitted,
/s/ Paliknoa K. Welly /s/ Dion G. Neth Paliknoa K. Welly, chairman Dion G. Neth, vice chairman
/s/ Tiwiter Aritos Tiwiter Aritos, member Isaac V. Figir, member
/s/ Victor V. Gouland Victor V. Gouland, member David W. Panuelo, member
/s/ Robson U. Romolow Robson U. Romolow, member
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STANDING COMMITTEE REPORT No. 20-74
RE: C.B. NO. 20-223/W&M
SUBJECT: SUPPLEMENTAL BUDGET
AUGUST 03, 2018
The honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fifth Special Session, 2018
Dear Mr. Speaker:
Your Committee on Ways and Means to which was referred C.B. No. 20-223, entitled:
“A BILL FOR AN ACT TO AMEND SECTIONS 1, 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 $330,000 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.”, begs leave to report as follows:
The intent and purpose of this bill are expressed in its title.
Your Committee on Ways and Means met and deliberated on the supplemental requests for which the President has issued a call for a special session.
In particular the President asked for three items: - Initial funding for PATS $800,000 - Fiber optic cable-Cable Landing Station in Chuuk $1,200,000 - PII litigation $500,000
Your Committee was informed that according to the latest revenues projection there was $1.5 million available for appropriation.
For the PATS request, your Committee believes that it should follow the lead of the Committee on Education. That committee believes that there is a constitutional issue with the National Government running elementary and secondary schools, therefore it already recommended back in May no funding for PATS unless Congress is informed of the plans for development and structuring of the new school. Furthermore, the Education Committee believes that it would like to conduct hearings in the states on this request. As a result, your Committee on Ways and Means recommends no funding for now pending more information on plans and structure for PATS.
On the Cable Landing Station your Committee was informed that the Committee on T&C had conducted an oversight hearing the previous day where it was determined that part of the funding was to reimburse
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STANDING COMMITTEE REPORT No. 20-74 RE: C.B. NO. 20-223/W&M SUBJECT: SUPPLEMENTAL BUDGET
AUGUST 03, 2018
FSM Telecom for its cost involved in the project so far, and also to cover some civil works. During that hearing, it was determined that the work was let out for bidding but Telecom did not submit a bid. As a result, any funding on work done by Telecom will not be eligible for reimbursement from the World Bank grant. Funding this request may also expose the government to possible litigation from the contractors who did submit bids. It may also possibly jeopardize further funding by the World Bank. Under the circumstances your Committee recommends holding off the funding at this time until a clearer picture is arrived at.
For the PII litigation your Committee notes that the request was for expert witness fees. Since the new fiscal year is just a few weeks away, your Committee recommends funding $150,000 at this point. Needs beyond that can be considered in the FY19 budget.
In addition your Committee also recommend the following supplemental appropriations:
- $130,000 in grants in subsidies (section 8 of the Budget Act) under President’s Office for JCRP - $50,000 for Preparation for the anniversary of diplomatic relations with Japan - $100,000 (to be appropriated by a separate bill as is customary) for disaster relief in Japan.
Your Committee on Ways and Means is in accord with the intent and purpose of C.B. No. 20-223 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/ Isaac V. Figir Isaac V. Figir, chairman David W. Panuelo, member
/s/ /s/ Victor V. Gouland /s/ 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
104
STANDING COMMITTEE REPORT NO. 20-75
RE: C.R. NO. 20-112/ED
SUBJECT: TO CONFIRM MR. JOHANNES T. BERDON TO SERVE AS A MEMBER OF THE BOARD OF REGENTS OF COM-FSM
AUGUST 4, 2018
The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fifth Special Session, 2018
Dear Speaker:
Your Committee on Education to which was referred C.R. No. 20-112, entitled:
“A RESOLUTION TO CONFIRM MR. JOHANNES T. BERDON TO SERVE AS A MEMBER OF THE BOARD OF REGENTS OF THE COLLEGE OF MICRONESIA-FSM, REPRESENTING THE STATE OF CHUUK.”, begs leave to report as follows:
The intent and purpose of this resolution are express in its title.
Mr. Johannes R. Berdon was confirmed as a member of the Board of Regents by the 18th Congress on April 16, 2016. Since that time, there have been no issues with regards to his performance.
Congress held a public hearing on Mr. Berdon’s appointment in April of 2015 and the contents of the report from that meeting, Standing Committee Report 18-291, remain largely unchanged.
As such, the Committee on Education supports the continued appointment of Mr. Berdon as a continuing member of the Board of Regents of COM-FSM.
Your Committee would like to offer the following technical amendment to read as follows:
1) Page 1, line 11 delete “Fourth” and insert “Fifth” in lieu thereof.
Conclusion:
Your Committee on Education is in accord with the intent and purpose of C.R. 20-112 and recommends its adoption in the form attached hereto as C.R. 20-112, C.D.1.
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AUGUST 4, 2018
Respectfully submitted,
/s/ Joseph J. Urusemal
/s/ Derensio S. Konman Joseph J. Urusemal, chairman Derensio S. Konman, vice chairman
/s/ Alik L. Alik Florencio S. Harper, member Alik L. Alik, member
/s/ Esmond B. Moses /s/ Wesley W. Simina Esmond B. Moses, member Wesley W. Simina, member
______Ferny S. Perman, member
106
20th CONGRESS of the Federated States of Micronesia
FIFTH SPECIAL SESSION
Special Committee Reports
107
SPECIAL COMMITTEE REPORT NO. 20-11
RE: COMMITTEE TO WAIT ON THE PRESIDENT
AUGUST 3, 2018
The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fifth Special Session, 2018
Dear Mr. Speaker:
Your Committee to Wait on the President was duly appointed on August 2, 2018, consisting of members Paliknoa K. Welly, Robson U. Romolow, Joseph J. Urusemal, and Esmond B. Moses. Paliknoa K. Welly was designated as the chairman.
The Committee met with the President on August 3, 2018 at 9 a.m. Chairman Welly greeted the President, and key members of the Executive on behalf of Congress, and thanked them for the opportunity to meet. Chairman Welly 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 Congress had reviewed the priority list of the President and had discussed the issues after session yesterday and they are prepared to move forward on at least some of the items.
The first item on the agenda is a proposed supplemental budget. The President stated that the request for the PII litigation was being reduced from $500,000 to $200,000 because the Attorney General’s Office is in the process of working on a settlement in the case and the settlement negotiations should be winding up in September. At that time, there may be an additional supplemental request, depending on how the negotiations go. Currently additional funding is needed for travel to attend the settlement negotiations. Another item on the budget request is funding for the Chuuk Cable Landing Station. The third item is funding for the re-opening of PATS.
In addition to the supplemental budget request, there are several nominations waiting confirmation that the President is asking Congress to act on:
Mr. Johnnyboy – Telecom Regulatory Authority Mr. Berdon – COM Board of Regents Mr. Albert Falcam – Social Security Board, National Government rep Mr. Salau – COM Board of Regents (There are 2 more pending transmissions to Congress)
The President urged Congress to reconsider the nomination of Mr. Johnnyboy.
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SPECIAL COMMITTEE REPORT NO. 20-11 RE: COMMITTEE TO WAIT ON THE PRESIDENT
AUGUST 3, 2018
The next agenda item is the resolution to accept World Bank IDA-18, funding of $7.8M SDR (approximately $11M USD). These funds are to be used to update the financial tracking systems and FMIS.
The President mentioned the $7M that Congress had allocated to the Trust Fund during last session. He urged Congress to reconsider this amount and instead move only $5M to the trust fund and have the other funds accessible for projects. The Secretary of Finance and Administration indicated the funds had not yet been transferred to the Trust Fund because they were waiting on some funding from Japan. She indicated they have 90 days to complete the transfer.
The President requests that funding requests sent to the President from Congress include more information and details. The Vice President suggested including the committee report with the request.
A lengthy discussion occurred regarding the Chuuk airport. The fire truck has not been operational for over 2 years. There have been parts ordered that did not solve the problems and there appears to be a communication breakdown in coordinating the ordering of the necessary parts and getting the mechanic to Chuuk to complete the repairs. Another concerns is that there are people working at the airport in Chuuk that have not been properly vetted and this creates a security issue with the FAA. Employees must be qualified and pass a background check. An additional international flight with Air Nuigini is being introduced in the fall and the President requested the support of Congress to ensure that all safety and security issues be addressed prior to the introduction of this new flight. Senator Gouland requested that this be treated as priority.
There was a brief discussion on medical referrals and developing some kind of subsidy program to help people to offset their arrears for these expenses.
Funding from Japan was discussed at length. The President has met with the Japan Ambassador and the Ambassador has provided assurance that Japan is committed to provide funding to replace the Caroline Voyager with a new ship that will be smaller and able to enter into the shallower lagoons and channels. The President reiterated his belief that the FSM needs three ships and not just 2. In addition, Japan has indicated they will provide a $2M non-project grant. The President is requesting these funds be used for the purchase of 2 new sand boats for Chuuk and Yap, but the President has not received a confirmation from Japan regarding these funds. The ODA funds from Japan were also discussed. Everyone was in agreement that these funds were to be distributed to the states on a rotating basis. However, Pohnpei required three years of funding to complete the airport project and since then, the rotation has not been re-implemented. It was agreed that this needs to be looked into further.
The President mentioned that the U.S. Ambassador had approached the Japan Ambassador and requested Japan contribute to the Trust Fund. The President indicated he did not know what form this would take, whether the funds would be paid directly into the Trust Fund, or used to offset the U.S. contribution to the Trust Fund.
The President also mentioned that the FSM had received $200,000 from Korea that was used to purchase 2 pieces of equipment for the outer islands to help maintain roads and airports.
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SPECIAL COMMITTEE REPORT NO. 20-11 RE: COMMITTEE TO WAIT ON THE PRESIDENT
AUGUST 3, 2018
The Vice Speaker requested an update on the H1. The President indicated it was supposed to have been completed 2 weeks ago, however, due to weather, they were unable to paint the hull and they are still waiting on some parts. The new projected finish date is the last week of August or the first week of September.
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.
Respectfully submitted,
/s/ Paliknoa K. Welly /s/ Joseph J. Urusemal Paliknoa K. Welly, chairman Joseph J. Urusemal, member
/s/ Esmond B. Moses /s/ Victor V. Gouland Esmond B. Moses, member Victor V. Gouland, member
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20th CONGRESS of the Federated States of Micronesia
FIFTH SPECIAL SESSION
Presidential Communications
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PRESIDENTIAL COMMUNICATIONS
-No. 20-264 – (Dated & received 07/04/18) - Designated Congressional Act No. 20-93 as Public Law No. 20-94: “TO AMEND SECTIONS 1, 2, 3 AND 9 OF PUBLIC LAW NO. 20-42, AS AMENDED BY PUBLIC LAWS NOS. 20-54, 20-64, 20-67 AND 20-83, IN ORDER TO APPROPRIATE $9,869,296 OF ADDITIONAL FUNDS FROM THE GENERAL FUND OF THE FEDERATED STATES OF MICRONESIA FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2018, AND TO CHANGE THE INTENDED USE OF CERTAIN LINE ITEMS, FOR OTHER PURPOSES.”
-No. 20-265 – (Dated 07/04/18 & received 07/09/18) - Transmitted a bill to further amend title 36 of the FSM Code by deleting reference “bearer share” (A bearer share is an equity security wholly owned by whoever holds the physical stock certificate. . ..)
-No. 20-266 – (Dated & received 07/16/18) - Designated Congressional Act No. 20-96 as Public Law No. 20-95: “TO APPROPRIATE THE SUM OF $2,800,00 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. 20-267 – (Dated & received 07/16/18) - Designated Congressional Act No. 20-99 as Public Law No. 20-96: “TO FURTHER AMEND PUBLIC LAW NO. 20-53, AS AMENDED BY PUBLIC LAWS NOS. 20-57, 20-61, 20-69 AND 20-91, BY AMENDING SECTION 2 THEREOF, TO CHANGE THE USE OF FUNDS PREVIOUSLY APPROPRIATED THEREIN, FOR THE PURPOSE OF FUNDING PRIORITY INFRASTRUCTURE PROJECTS AND OTHER PROJECTS AND SOCIAL PROGRAMS IN THE STATE OF KOSRAE, AND FOR OTHER PURPOSES.”
-No. 20-268 – (Dated & received 07/16/18) – Designated Congressional Act No. 20-94 as Public Law No. 20-97: “TO FURTHER AMEND PUBLIC LAW NO. 20-60, AS AMENDED BY PUBLIC LAWS NOS. 20-65, 20-75 AND 20-85 BY AMENDING SECTION 6 THEREOF, TO CHANGE THE ALLOTTEE OF FUNDS PREVIOUSLY APPROPRIATED THEREIN, TO FUND PUBLIC PROJECTS AND SOCIAL PROGRAMS IN THE STATE OF YAP, AND FOR OTHER PURPOSES.”
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Presidential Communications (continued p. 2) 20FSMC 5SS August 2018 -No. 20-269 – (Dated & received 07/16/18) – Designated Congressional Act No. 20-98 as Public Law No. 20-98: “TO AMEND PUBLIC LAW NO. 20-93, BY AMENDING SECTION 1 THEREOF, TO CHANGE THE USE OF FUNDS PREVIOUSLY APPROPRIATED, TO FUND PRIORITY INFRASTRUCTURE PROJECTS AND PUBLIC PROJECTS AND SOCIAL PROGRAMS IN THE STATE OF KOSRAE, AND FOR OTHER PURPOSES.”
-No. 20-270 – (Dated 07/20/18 & received 07/23/18) – Designated Congressional Act No. 20-92 as Public Law No. 20-99: “TO FURTHER AMEND SECTION 208 OF TITLE 2 OF THE CODE OF THE FEDERATED STATES OF MICRONESIA (ANNOTATED), AS AMENDED BY PUBLIC LAW NO. 18-53, FOR THE PURPOSE OF CLARIFYING AND CORRECTING CONTRADITORY LANGUAGE, AND FOR OTHER PURPOSES.”
-No. 20-271 – (Dated 0607/20/18 & received 07/23/18) - Designated Congressional Act No. 20- 95 as Public Law No. 20-100: “TO AMEND SUBCHAPTER II OF CHAPTER 3 OF TITLE 54 OF THE CODE OF THE FEDERATED STATES OF MICRONESIA (ANNOTATED), AS AMENDED BY PUBLIC LAW NO. 18- 103, BY INSERTING A NEW SECTION 324 THERETO TO GIVE THE SECRETARY OF THE DEPARTMENT OF FINANCE AND ADMINISTRATION THE AUTHORITY TO REDUCE A THIRD-PARTY APPRAISAL TO DETERMINE FAIR MARKET VALUE OF CERTAIN ASSETS, AND FOR OTHER PURPOSES.”
-No. 20-272 – (Dated 07/20/18 & received 07/23/18) - Designated Congressional Act No. 20-97 as Public Law No. 20-101: “TO REPEAL IN THEIR ENTIRETY PUBLIC LAWS NOS. 20-13 AND 20-20 PERTAINING TO THE ASSETS AND LIABILITIES OF THE OPEN ACCESS ENTITY, AND TO RE0INSTATE THE PREVIOUS LANGUAGE OF SECTIONS 203 AND 389 OF TITLE 21 OF THE CODE OF THE FEDERATED STATES OF MICRONESIA (ANNOTATED), AS AMENDED, AND FOR OTHER PURPOSES.”
-No. 20-273 – (Dated 07/21/18 & received 07/24/18) – Calling for a Special Session starting on July 30, 2018 to August 04, 2018.
-No. 20-274 – (Dated 07/23/18 & received 07/24/18) – Resubmitting the name of Jolden J. Johnnyboy as a nominee to serve as a member of the Office of Telecommunication Regulatory Authority of the Federated States of Micronesia, for confirmation by Congress.
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Presidential Communications (continued p. 3) 20FSMC 5SS August 2018 -No. 20-275 – (Dated & received 07/24/18) – Transmitted a bill to appropriate 2.3 mil supplemental budget as follows: $800,00 for startup cost of PATS; $1.0 mil for CLS Chuuk; and $500,000 for PII litigation.
-No. 20-276 – (Dated & received 07/27/18) – Based on unavoidable circumstances sending an amended Call for Special Session from July 30 to August 04, 2018 to August 02 to August 07, 2018.
-No. 20-277 – (Dated & received 07/27/18) – Transmitted a bill to appropriate $2.5 mil supplemental budget, by amending his (P.C. No. 20-275) by increasing the $1.0 mil for CLS Chuuk to $1.2 mil.
-No. 20-278 – (Dated 07/30/18 & received 07/31/18) – Designated Congressional Act No. 20-91 as Public Law No. 20-102: “TO CREATE A NEW SUBTITLE II OF TITLE 24 OF THE CODE OF THE FEDERATED STATES OF MICRONESIA, AS AMENDED, TO ESTABLISH THE NATIONAL SEABED RESOURCES AUTHORITY OF THE FEDERATED STATES OF MICRONESIA, PROVIDE FOR THE POWERS, DUTIES, AND RESPONSIBILITIES OF THE AUTHORITY, SET OUT THE STANDARDS OF SUSTAINABLE MANAGEMENT OF SEABED RESOURCES, REQUIRE THE PROMULGATION OF REGULATION GOVERNING PERMITS AND LICENSES RELEVANT TO MARINE SCIENTIFIC RESEARCH, PROSPECTING, EXPLORATION AND MINING ACTIVITIES, PRESCRIBE THE PENALTY FOR VIOLATION OF THIS ACT, AND FOR OTHER PURPOSES.”
-No. 20-279 – (Dated 8/1/18 & received 8/2/18) – Submitting enclosed resolution for Congress to approve the Global Environment Facility (GEF) Small-Scale Funding Grant of USD$120,000 to assist the FSM in the meeting reporting requirements of the CBD and its associated Nagoya Protocol.
-No. 20-280 – (Dated & received 8/2/18) – Transmitting resolution to accept the World Bank IDA18 FSM: Project for Strengthening Public Financial Management grant of SDR$7.6 million or US$11 million to improve tax administration and the completeness, reliability and timeliness of financial reports of the National and State governments.
-No. 20-281 – (Dated & received 8/2/18) – Transmitting nomination on Mr. Albert Falcam to serve on the FSM Social Security Board of Directors representing the National Government.
-No. 20-282 – (Dated & received 8/2/18) – Transmitting re-nominate Mr. Jesse John Salalu to serve on the Board of Regents for the College of Micronesia-FSM representing the State of Yap.
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Presidential Communications (continued p. 4) 20FSMC 5SS August 2018 -No. 20-283 – (Dated & received 8/2/18) – Submitting a supplemental budget seeking a total of $1.5M to support the budgetary priorities of the Government as follows: $800,000 PATS; $300,000 PII Litigation; and $400,000 Cable Landing Station - Chuuk.
-No. 20-284 – (Dated & received 8/3/18) – Transmitting an amended Resolution (see P.C. No. 20-280.)
-No. 20-285 – (Dated & received 08/03/18) – Transmitting a proposed Resolution accepting a financial grant made available by the U.S. Department of Education to the FSM Department of Education, Division of Special Education Program in the amount of $922,587 to fund and assist the implementation of programs and services for eligible children with disabilities and their families throughout the FSM.
-No. 20-286 – (Dated & received 08/03/18) – Transmitting a Resolution nominating Mr. Jack Harris to serve on the FSM Social Security Board of Directors representing the State of Pohnpei.
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20th CONGRESS of the Federated States of Micronesia
FIFTH SPECIAL SESSION
FSM Supreme Court Communications
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FSM SUPREME COURT COMMUNICATIONS
-No. 20-15 – (Dated 07/18/18 & received 07/19/18) – From the Hon. Dennis K. Yamase, Chief Justice of the FSM Supreme Court, informing that he had designated the Hon. Cyprian J. Manmaw, Chief Justice of Yap State Court to serve as a Temporary Justice of the FSM Supreme Court in Appeal Case No. P1-2017.
-No. 20-16 – (Dated & received 07/20/18) - From the Hon. Dennis K. Yamase, Chief Justice of the FSM Supreme Court, informing that he had designated the Hon. Mayceleen JD. Anson, Associate Justice of the Pohnpei State Supreme Court to serve as a Temporary Justice of the FSM Supreme Court in Appeal Case No. P1-2017.
-No. 20-17 – (Dated & received 07/20/18) - From the Hon. Dennis K. Yamase, Chief Justice of the FSM Supreme Court, informing that he had designated the Hon. Chang B. William, Chief Justice of the Kosrae State Court to serve as a Temporary Justice of the FSM Supreme Court in Appeal Case No. P7-2017.
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20th CONGRESS of the Federated States of Micronesia
FIFTH SPECIAL SESSION
Member Communications
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Member Communications
-No. 20-33 – (Dated 07/26/18 received 08/01/18) – From the Hon. Wesley W. Simina, Speaker, 20th FSM Congress, to His Excellency President Christian, requesting to have the dates of the original Call for this special session amended from July 30 to August 04, 2018 to August 02 to 07, 2018, due to logistical problems.
-No. 20-34 – (Dated & received 08/01/18) - From the Hon. Wesley W. Simina, Speaker, 20th FSM Congress, to His Excellency President Christian, regarding President Trump’s state of emergency declaration for the FSM, in which he had made available up to $2 million of federal assistance and expressing concern about the steps that led to that declaration.
-No. 20-35 – (Dated & received 08/03/18) - From the Hon. Wesley W. Simina, Speaker, 20th FSM Congress, to His Excellency President Christian, regarding the convening of the upcoming Regular Session in September 2018 - to convene session on the 17th of September instead of the 12th for 20 days.
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20th CONGRESS of the Federated States of Micronesia
FIFTH SPECIAL SESSION
Departmental Communications
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DEPARTMENTAL COMMUNICATIONS
-No. 20-56 – (Dated 06/27/18 & received 07/04/18/18) – From Mrs. Sihna N. Lawrence, Secretary, Department of Finance & Administration, the Hon. Lorin S. Robert, Secretary, advising of a pending request of issuance of advice of allotment on the $50,000 for the World-IMF Annual Meeting.
-No. 20-57 – (Dated & received 07/05/18) – From the Hon. Lorin S. Robert, Secretary, Department of Foreign Affairs, sharing US Diplomatic Note No. 18-0145 advising of the recent release of US 2018 Trafficking-in-Person Report on June 28, 2018; and attaching the 2018 Country Narrative Report for the FSM and a document providing recommended action plans.
-No. 20-58 – (Dated & received 07/05/18) – From Mr. Kalwin L. Kephas, Secretary, Department of Education, writing regarding 60 students and 10 staffs from Madolenihmw High School site visit to Congress on July 20, 2018 to learn about what Congress does.
-No. 20-59 – (Dated 07/06/18 & received 07/10/18) – From Mr. Kalwin L. Kephas, Secretary, Department of Education, writing for approval to have 86 students and 10 staff of the Talent Search Program pay a visit to Congress for a tour and what Congress does.
-No. 20-60 – (Dated 07/06/18 & received 07/10/18) – From Mr. Kalwin L. Kephas, requesting to have Mr. Daystone Roby, Congress IT, to help with the 9th Micro Games.
-No. 20-61 – (Dated & received 07/25/18) – From Mrs. Sihna N. Lawrence, Secretary, Department of Finance & Administration, inviting Speaker to the Green Climate Fund Structured Dialogue with the Pacific, in Pohnpei, 30 July to 02 August 2018.
-No. 20-62 – (Dated 07/19/18 & received 07/26/18) – From Mr. Lukner Weilbacher, Secretary, Department of TC&I, inviting Congress to the 2018 Micronesian Aerodrome Workshop scheduled in Pohnpei, 6-9 August 2018.
-No. 20-63 – (Dated 07/26/18 & received 07/27/18) – From Mr. Samson Pretrick, Deputy Secretary, Department of Foreign Affairs, sharing Diplomatic Note No. 18-0161 from the US Embassy providing the Minutes and Action item matrix of the recent Mid-Year Review of the Joint Committee Meeting (JCM), which was held in Guam, 30 May to 01 June 2018.
-No. 20-64 – (Dated 07/26/18 & received 07/27/18) – From Mr. Samson E. Pretrick, Deputy Secretary, Department of Foreign Affairs, sharing Diplomatic Note no. 18-0165 from the US Embassy, with an enclosed letter from Mr. Doughlas W. Domenech, Assistant Secretary, Insular and International Affairs, US Department of Interior.
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Departmental Communications (continued p. 2) 20FSMC 5SS August 2018
-No. 20-65 – (Dated 07/26/18 and received 07/30/18) - From Mrs. Sihna N. Lawrence, Secretary, Department of Finance & Administration, inviting Congress to the launching of the World Bank PFM Project USD 11 mil. In Chuuk, in the evening of August 13, 2018.
-No. 20-66 – (Dated 07/30/18 & received 07/31/18) – From Mrs. Sihna N. Lawrence, Secretary, Department of Finance & Administration, submitting the updated FY 2018 Revenue Projection and domestic revenue balance.
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20th CONGRESS of the Federated States of Micronesia
FIFTH SPECIAL SESSION
Agency and Governmental
Authority Communications
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AGENCY AND GOVERNMENTAL AUTHORITY COMMUNICATIONS
-No. 20-48 – (Dated & received 07/26/18) – From Mr. Eugene Pangelinan, Executive Director, NORMA, submitting the 2017 Annual Report of the Fisheries Observer and Port Sampling Revolving Fund.
-No. 20-49 – (Dated & received 08/01/18) – From Ms. Erwihne David, Acting National Public Auditor, transmitting FY2017 Single Audit Reports, as listed in the communication.
-No. 20-50 – (Dated & received 8/2/18) – From Mr. Eugene Pangelinan, Executive Director, NORMA, submitting 2014-2016 Report of NORMA.
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20th CONGRESS of the Federated States of Micronesia
FIFTH SPECIAL SESSION
State Communications
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STATE COMMUNICATIONS
NONE
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20th CONGRESS of the Federated States of Micronesia
FIFTH SPECIAL 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 SPECIAL SESSION
Municipal or Town Communications
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MUNICIPAL OR TOWN COMMUNICATIONS
-No. 20-06 - (Dated 07/25/18 & received 07/26/18) – From Mr. Jose San Nicolas, Mayor, Kolonia Town, invited Speaker and members of Congress to the Closing Ceremony for the Emergency Medical Services and Fire Fighting Training, 30 July 2018 at 1:00 p.m. at the Kolonia-China Friendship Gymnasium in Kolonia Town.
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20th CONGRESS of the Federated States of Micronesia
FIFTH SPECIAL SESSION
Foreign Government
Communications
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FOREIGN GOVERNMENT COMMUNICATIONS
-No. 20-47 – (Dated 06/14/18 & received 07/17/18) – From Hon. Gabriela CUEVAS BARRON, President, IPU, and Mr. Martin Chungong, Secretary General, IPU, informing that the 139th Assembly of the Inter-Parliamentary Union and related meetings will be held at the CICG, Geneva, Switzerland, from 14-18 October 2018.
-No. 20-48 – (Dated 05/31/18 & received 07/10/18) – From the Honorable Tony Smith MP, Speaker of the House of Representatives; and Honorable Scott Ryan, President of the Senate, Parliament of Australia, inviting Speaker to participate in an Inter-Parliamentary Study Program for Speakers of Pacific Parliaments, 22-27 November 2018.
-No. 20-49 – (Dated 06/07/18 & received 07/25/18) – From Mr. Martin Chungong, Secretary General, IPU, informing that the next session of the Parliamentary Conference on the WTO will be held in Geneva on 6-7 December 2018.
-No. 20-50 – (Dated 07/27/18 & received 07/30/18) - From Mr. Martin Chungong, Secretary General, IPU, attaching a working draft of the ‘communications strategy for the IPU’ for input.
-No. 20-51 – (Dated 07/27/18 & received 08/01/18) – From Hon. Gabriela CUEVAS BARRON, President, IPU, and Mr. Martin Chungong, Secretary General, IPU, informing that on September 15, 2018 IPU will celebrate the 11th edition of International Day of Democracy and the 21st anniversary of the Universal Declaration of Democracy, and encouraging member countries to utilize the prepared and forthcoming documents to help celebrate this day.
-No. 20-52 – (Dated July 2018 and received 08/03/18) – From the Hon. Bambang Soesatyo, Speaker, House of Representatives, Republic of Indonesia, extending an invitation to the 2nd World Parliamentary Forum on Sustainable Development (WPFSD) on 12-13 September 2018, in Bali.
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20th CONGRESS of the Federated States of Micronesia
FIFTH SPECIAL SESSION
Miscellaneous Communications
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MISCELLANEOUS COMMUNICATIONS
-No. 20-21 – (Dated 07/23/18 & received 08/01/18) – From Mr. Baldesar Sardis, from the FSM Congress Public Information Office, presenting his trip report to the state of Chuuk on the occasion of the Diocese of the Caroline Islands workshop on the structure of the Roman Catholic Church in the region and the empowerment of the roles of all the Christian faith in and outside the church.
-No. 20-22 – (Dated 07/30/18 and received 08/01/18) - From Mr. Baldesar Sardis, from the FSM Congress Public Information Office, informing that a working relationship with the Catholic Media Studio has been developed to easily get the radio programs and reports/news out to the public by utilizing their studio.
-No. 20-23 – (Dated 08/02/18 and received 08/03/18) – From the former FSM Presidents and concerned citizens Hon. John Haglelgam, and Hon. Emmanuel Mori, regarding the efforts made by the Chuuk State Political Commission to have the State of Chuuk secede from the FSM; and requesting a meeting with Speaker and members of Congress to discuss this matter at the earliest convenience.
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20th CONGRESS of the Federated States of Micronesia
FIFTH SPECIAL SESSION
Presidential
Veto
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Presidential Veto
NONE
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20th CONGRESS of the Federated States of Micronesia
FIFTH SPECIAL 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.
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
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CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA 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.
Section 12. A citizen of the Federated States of Micronesia may travel and migrate within the Federated States.
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CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA
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.
Section 2. A power not expressly delegated to the national government or prohibited to the states is a state power.
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CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA
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 SPECIAL 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.
Section 11. Disorderly manner of Members. If any Member shall conduct himself in
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Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R. No. 19-25) 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 take precedence over all other business after the fifth order, or such lesser position on the order as
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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 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. (b) This committee shall be responsible for reviewing specific subjects in 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) 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 recommend whether the matters referred to it, or portions thereof, will be authorized, and if so, in
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Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R. No. 19-25) 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 related subjects, including Presidential nominations submitted to the Speaker which require 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) 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 (iv) International Civil Aviation Organization.
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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: (i) Department of Health and Social Affairs;
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(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 (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.
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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. The First Reading of a bill shall be by its title, provided that the Clerk shall read the bill at length
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Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R. No. 19-25) 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 amendment shall be read by the Clerk. Unless the amendment is a corrective or technical
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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, 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 withdrawn as provided in this rule.
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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 to debate and amendment. If the motion to adjourn is adopted, action on the question before the
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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 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
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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 question before the Congress for a vote.
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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.
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
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Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R. No. 19-25) 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 9, section 6 motion passage 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 Majority of committee members 6, section 10 consideration 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 the
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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.
RULE 15. AMENDMENT OF THE RULES.
The Official Rules of Procedure of the Congress shall not be amended in any way or manner
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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 3 required to amend the said rules; and 4 WHEREAS, a Congressional Resolution is a transparent and open mechanism for an 5 amendment to the Official Rules of Procedure; and 6 WHEREAS, the Members of the Nineteenth Congress of the Federated States of 7 Micronesia desire to add a sub-subsection (iv) to subsection (b) to require that the appointment 8 of the Chief Clerk and Legislative Counsel to be by at least two-thirds vote of the Members of 9 Congress and by secrete ballot; now, therefore, 10 BE IT RESOLVED by the Nineteenth Congress of the Federated States of Micronesia, 11 First 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 15 two-thirds vote of all Congress members: 16 (i) Approval of Presidential appointment of a Justice of the Supreme 17 Court; 18 (ii) Approval of Presidential appointment of an ambassador; 19 (iii) Approval of Presidential appointment of principal officers in the 20 National government; and 21
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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 2 the Members of Congress: 3 (i) Ratification of a treaty; 4 (ii) Removal of the President, Vice President, of a justice of the 5 Supreme Court 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 8 Clerk by 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 SPECIAL SESSION
INDEX OF LEGISLATION
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I N D E X CONGRESSIONAL BILLS Twentieth Congress of the Federated States of Micronesia FIFTH SPECIAL 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. 32, 43-45, 186 20-198, Micronesia (Annotated), as amended, by adding a new section 1222 20-69 CD3 for the purpose of requiring twenty percent (20%) of all National 7/3/18 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 of the Code of the Federated States of Micronesia (Annotated), as amended by Public Law No. 18-71,] 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 one hundred percent (100%) 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 sections 1 and 9 of Public Law No. 20-42, as amended by 8, 9, 186 20-219 Public Laws Nos. 20-54, 20-64, 20-67, 20-83 and 20-94, in order to appropriate $1,500,000 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. (Urusemal by request) C.B. No. To amend sections 1 and 9 of Public Law No. 20-42, as amended by 9, 18, 186 20-220 Public Laws Nos. 20-54, 20-64, 20-67 20-83 and 20-94, in order to appropriate $2,300,000 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. (Urusemal by request) C.B. No. To further amend section 137 of title 36 of the Code of the Federated 9, 18, 186 20-221 States of Micronesia (Annotated), as amended by Public Law No. 20-35, by deleting reference to bearer share, and for other purposes. (Urusemal by request) C.B. No. To appropriate the sum of $100,000 from the General Fund of the w/placed VIII, 18, 33, 20-222 Federated States of Micronesia for the fiscal year ending September 8/03/18 34, 46, 47, 186 30, 2018, for the purpose of funding relief efforts in Japan due to massive flooding in Western Japan, and for other purposes. (Simina) C.B. No. To amend sections 1, 8 and 9 of Public Law No. 20-42, as amended SCR. No. VIII, 16, 28, 20-223, by Public Laws Nos. 20-54, 20-64, 20-67, 20-83 and 20-94, in order 20-74 29, 32, 39, 45, CD3 to appropriate $330,000 of additional funds from the General Fund 8/03/18 46, 50, 74, 7, of the Federated States of Micronesia for the fiscal year ending 03-104, 186 September 30, 2018, and for other purposes. (Welly) C.B. No. To amend sections 1 and 9 of Public Law No. 20-42, as amended by 39, 51, 186 20-224 Public Laws Nos. 20-54, 20-64, 20-67, 20-83 and 20-94, in order to appropriate $2,500,000 of additional funds from the General Fund of the FederatedStates of Micronesia for the fiscal year ending September 30, 2018, and for other purposes. (Urusemal by request)
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C.B. No. Short Title as Introduced (continued Bills 20FSMC.5SS pg. 2) SCR No. Page No. C.B. No. To amend sections 1 and 9 of Public Law No. 20-42, as amended 39, 51, 187 20-225 by Public Laws Nos. 20-54, 20-64, 20-67 20-83 and 20-94, in order to appropriate $1,500,000 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. (Urusemal by request) C.B. No. To amend Public Law No. 20-31, as amended by Public Laws w/placed VIII, 72, 80, 20-226 Nos. 20-41, 20-50 and 20-77, by amending section 3 thereof, to 8/6/18 89, 94, 187 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 Public w/placed VIII, 72, 73, 20-227 Laws Nos. 19-81, 19-97, 19-120, 19-137, 20-29 and 20-86, by 8/6/18 80, 90, 91, 94, amending sections 1 and 2 thereof, to change the use and allottee 187 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 section 1 thereof, w/placed VIII, 73, 80, 20-228, to change use of funds previously appropriated therein, to fund 8/6/18 91, 92, 93, 94, CD1 priority infrastructure projects and other public projects and 187 social programs in the state of Kosrae, and for other purposes. (Welly) C.B. No. To appropriate the sum of $21,198 from the General fund of the 80, 95 19-229 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. (Urusemal by request)
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I N D E X CONGRESSIONAL RESOLUTIONS Twientieth Congress of the Federated States of Micronesia FIFTH SPECIAL SESSION-2018 C.R. No. Short Title as Introduced SCR Page No. No. C.R. No. To confirm the nomination of Ms. Teresa M. Filepin to serve as the SCR. No. IX, 16, 27, 20-73 40, 42, 100- 20-86, CD1 FSM Consul General in Guam, U.S.A. 8/3/18 102, 188 C.R. No. To confirm the nomination of Mr. Johannes T. Berdon to serve as a SCR. No. Ix, 37, 47, 48, 20-112, 20-75 105-106, 188 member of the Board of Regents of the College of Micronesia-FSM, 8/4/18 CD1 representing the state of Chuuk. C.R. No. Setting the ceiling of the total funds estimated to be available for w/placed Ix, 8, 9, 26, 20-118 appropriation from the General Fund of the Federated States of 8/3/18 188 Micronesia for the fiscal year ending September 30, 2018. C.R. No. Requesting the Governor of the state of Chuuk to reconsider moving 10, 18, 188, 20-119 forward with the referendum related to Chuuk’s succession from the Federated States of Micronesia. C.R. No. To confirm the nomination of Mr. Jolden J. Johnnyboy to serve as a 39, 51, 188 20-120 member of the Telecommunication Regulation Authority of the Federated States of Micronesia. C.R. No. To confirm the nomination of Mr. Jesse John Salalu to serve as a 39, 51, 188 20-121 member of the Board of Regents for the College of Micronesia - FSM, representing the state of Yap. C.R. No. To confirm the nomination of Mr. Albert Falcam to serve as a member 39, 51, 199 20-122 of the Board of Directors of the Federated States of Micronesia Social Security Board, representing the National Government. C.R. No. Approving and accepting a grant from the World Bank, through the IX, 39, 49, 51, 20-123 International Development Association, in the amount of $11,000,000 188 to fund and support the FSM’s project entitled: “Strengthening Public Financial Management”, including all the terms and conditions of the assistance C.R. No. Approving and accepting a grant in the amount of $922,587 from the Ix, 39, 49, 52, 188 20-124 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. C.R. No. To confirm the nomination of Mr. Jack Harris to serve as a member of Ix, 40, 48, 52, 20-125 the Board of Directors of the Federated States of Micronesia Social 188 Security Board, representing Pohnpei State.
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