JOURNAL

FOURTH REGULAR SESSION

TWENTIETH CONGRESS of the Federated States of Micronesia

PALIKIR, POHNPEI August 2015 PALIKIR, POHNPEI

Convened on Friday, 11th of May 2018 Adjourned on Monday, 28th of May 2018

JOURNAL

FOURTH REGULAR SESSION

TWENTIETH CONGRESS

OF THE

FEDERATED STATES OF MICRONESIA

July 2018

PALIKIR, POHNPEI

Convened on Friday, 11th, of May 2018 Adjourned on Monday, 28th of May 2018

Compiled by the Office of the Speaker And Printed by Good News Press – Kolonia, Pohnpei

Twentieth Congress of the Federated States of Micronesia

FOURTH REGULAR SESSION May 11th, 2018 thru May 28th, 2018 TABLE OF CONTENTS SECTION No. Page CERTIFICATION …………………… IV ORGANIZATION Leadership and Membership …………………… V Standing Committees …………………… VI Congressional Offices …………………… VII SUMMARY OF LEGISLATION …………………… VIII-XII

DAILY JOURNAL INDEX …………………… XIII-XIV

DAILY JOURNAL …………………… 1-172

STANDING COMMITTEE REPORTS …………………… 173-218

SPECIAL COMMITTEE REPORTS ...... 219-221

COMMUNICATIONS Presidential Communications …………………… 222-227 FSM Supreme Court Communications …………………… 228-229 Member Communications …………………… 230-232 Departmental Communications …………………… 233-234 Agencies and Governmental Authorities …………………… 235-236 State Communications …………………… 237-238 State Supreme Court Communications …………………… 239-240 Municipal or Town Communications …………………… 241-242 Foreign Government Communications …………………… 243-245 Miscellaneous Communications …………………… 246-247 PRESIDENTIAL VETO MESSAGE …………………… 248-249 CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA ………… 250-264 OFFICIAL RULES AND PROCEDURES OF CONGRESS …………………… 265-296 INDEX OF LEGISLATION Congressional Bills …………………… 298-302 Congressional Resolutions …………………… 303-304

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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, Fourth

Regular Session-2018, is true and correct and that the original thereof has been duly signed by the Clerk of the Congress of the Federated States of Micronesia, and is on file in the

Office of the Speaker.

Wesley W. Simina, Speaker Twentieth Congress of the Federated States of Micronesia

Liwiana Ramon Ioanis, Chief Clerk Twentieth Congress of the Federated States of Micronesia

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TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA Fourth Regular Session-2018 PRESIDING OFFICERS

The Honorable Wesley W. Simina Speaker The Honorable Esmond B. Moses Vice Speaker The Honorable Florencio (Singkoro) Harper Floor Leader

MEMBERSHIP I. Senators-at-Large (4-years) Alik L. Alik State of Kosrae David W. Panuelo* State of Pohnpei Wesley W. Simina State of Chuuk Joseph J. Urusemal* State of Yap II. Senators (2-years) STATE OF KOSRAE Paliknoa K. Welly* ED 1: Kosrae

STATE OF POHNPEI Ferny S. Perman ED 1: Kolonia, Sokehs, Sapwuahfik, Nukuoro and Kapingamarangi Dion G. Neth ED 2: Madolenihmw and Kitti Esmond B. Moses ED 3: U, Nett, Mwoakilloa and Pingelap

STATE OF CHUUK Florencio Singkoro Harper ED 1: Mortlock Islands Victor (Vicky) Gouland ED 2: Northern Namwoneas Derensio S. Konman ED 3: Southern Namwoneas 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 Fourth Regular Session May 11th, 2018 thru May 28th, 2018

STANDING COMMITTEES

WAYS AND MEANS JUDICIARY AND GOVERNMENTAL OPERATIONS Isaac V. Figir, Chairman Robson U. Romolow, Chairman Ferny S. Perman Isaac V. Figir Victor (Vicky) Gouland (W&M Committee has Tiwiter Aritos Robson U. Romolow no Vice-Chairman, Esmond B. Moses David W. Panuelo based on Rule 6, Dion G. Neth* Joseph J. Urusemal Section 8(c).) Wesley W. Simina Paliknoa K. Welly Paliknoa K. Welly

RESOURCES AND DEVELOPMENT EDUCATION David W. Panuelo, Chairman Joseph J. Urusemal, Chairman Tiwiter Aritos* Florencio (Singkoro) Harper Isaac V. Figir Derensio S. Konman* Victor Vicky Gouland Ferny S. Perman Derensio S. Konman Alik L. Alik Esmond B. Moses Wesley W. Simina Alik L. Alik Esmond B. Moses

EXTERNAL AFFAIRS TRANSPORTATION AND COMMUNICATION Paliknoa K. Welly, Chairman Victor (Vicky) Gouland, Chairman Isaac V. Figir Florencio (Singkoro) Harper Victor (Vicky) Gouland Ferny S. Perman Dion G. Neth* Dion G. Neth Tiwiter Aritos Wesley W. Simina David W. Panuelo Joseph J. Urusemal Robson Romolow* Alik L. Alik*

HEALTH AND SOCIAL AFFAIRS 1. Ferney S. Perman, Chairman 2. Tiwiter Aritos Note: 3. Florencio (Singkoro) Harper * = Committee Vice Chairman 4. David W. Panuelo 5. Derensio S. Konman 6. Joseph J. Urusemal 7. Alik L. Alik*

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TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA Fourth Regular Session May 11th, 2018 thru May 28th, 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 …… Bradley Spirin Sergeant-at-arms … Duwarick Micky …… Joyce Mathias …… Ranser Andon INFORMATION TECHNOLOGY OFFICE …… Jenelle Jae Jack IT Administrator … Daystone Roby …… Joanna Robert Webmaster/IT Specialist … Jonah Hainrick …… Lance Mongkeya IT Specialist .... Shane Meckanzie …… Lori Ann Pernet …… 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 ...... Jesse Conner Stutt Archivist …… Mary Kilmete ...... Stephanie Ritland 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 …. Isao Mark Building Maintenance …. Peterlee Syne Custodian …… Justina Roby Custodian …… Jacky Mark Custodian …… Bihla Tume

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20th CONGRESS of the Federated States of Micronesia

FOURTH REGULAR SESSION

Summary of Legislation

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SUMMARY OF BILLS Twentieth Congress of the Federated States of Micronesia FOURTH REGULAR SESSION CLASSIFICATION Congressional Bills Introduced 43 Congressional Bills Enacted 8 Congressional Bills Disapproved 4 (with certain line items vetoed)

CONGRESSIONAL BILLS ENACTED DURING THE FOURTH REGULAR SESSION Transmittal President' CB. No. Short Title Date s Action C.B. No. To further amend Public Law No. 18-70, as amended by Public Laws Nos. 18- 5/22/18 Public Law 20-162, CD1 98, 18-112, 18-122, 19-07, 19-24, 19-41, 19-52, 19-73, 19-82, 19-101, 19-114, No. 20-84 19-139, 20-07, 20-16, 20-36 and 20-52, by amending sections 4 and 6 thereof, to change the use, allottee and lapse date of certain funds previously appropriated therein, for the purpose of funding public projects and social programs for the people of Pohnpei State, and for other purposes. (Perman) C.B. No. To further amend Public Law No. 19-64, as amended by Public Laws Nos. 19- 5/30/18 Public Law 20-165 81, 19-97, 19-120, 19-137 and 20-29, by amending sections 1 and 2 thereof, to No. 20-86 change the use, allottee and lapse date of funds previously appropriated therein, for the purpose of funding public projects and social programs in Pohnpei State, to correct technical errors, and for other purposes. (Perman) C.B. No. To appropriate the sum of $800,000, or so much thereof as may be necessary, 5/22/18 Public Law 20-184, CD1 from the General Fund of the Federated States of Micronesia for the fiscal year No. 20-87 ending September 30, 2018, previously appropriated to fund priority (Certain line items infrastructure projects for the state of Kosrae, and for other purposes. (Welly) vetoed: Page. 2, line items 8, 12 & 13(. C.B. No. To further amend Public Law No. 20-68, as amended by Public Law No. 20-78, 5/22/18 Public Law 20-185 by amending sections 3 and 5 therein, for the purpose of changing the use and No. 20-89 allottee of funds previously appropriated thereof, to fund public projects and social programs in the states of Pohnpei and Chuuk, and for other purposes. (Aritos) C.B. No. To amend sections 1, 3, 8 and 12 of Public Law No. 20-42, as amended by Public 5/18/18 Public Law 20-186, CD1 Laws Nos. 20-54, 20-64 and 20-67, in order to appropriate $820,000 of No. 20-83 additional funds from the General Fund of the Federated States of Micronesia (Certain line items for the fiscal year ending September 30, 2018, and for other purposes. (Figir) vetoed: Page. 3, line item 19. Page. 18, line items 12 & 13) C.B. No. To further amend Public Law No. 20-53, as amended by Public Laws Nos. 20- 5/22/18 Public Law 20-187 57, 20-61 and 20-69, by amending sections 2 and 5 thereof, to change the use No. 20-90 and allottee of funds previously appropriated therein, for the purpose of (Certain line items funding priority infrastructure projects and other projects and programs in vetoed: Page 2, the state of Kosrae, and for other purposes. (Welly) line item 4. Page 11, line items 6&23. Page 12, line items 10, 15-16. Page 13, line items 23-24)

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Transmittal President's CB. No. Short Title (continued pp. 2) Date Action C.B. No. To further amend Public Law No. 20-60, as amended by Public Laws Nos. 20- 5/22/18 Public Law 20-190, CD1 65 and 20-75 by amending section 3 thereof, to change the use of funds No. 20-85 previously appropriated therein, to fund public projects and social programs in the state of Kosrae, and for other purposes. (Alik) C.B. No. To appropriate the sum of $1,400,000 from the General Fund of the Federated 5/30/18 Public Law 20-193 States of Micronesia for the fiscal year ending September 30, 2018, for the No. 20-88 purpose of funding public projects and social programs in the states of Yap, (Certain line items Kosrae, Pohnpei and Chuuk, and for other purposes. (Welly) vetoed: Page 3, line item 21. Page 4, line item 3. Page 5, line items 4, 11 & 20. Page 6, line item 11).

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SUMMARY OF RESOLUTIONS Twentieth Congress of the Federated States of Micronesia FOURTH REGULAR SESSION-2018 CLASSIFICATION Congressional Resolutions Introduced 20 Congressional Resolutions Adopted 13 CONGRESSIONAL RESOLUTIONS ADOPTED DURING THE FOURTH REGULAR SESSION C.R. No. Short Title Adoption Transmittal date Date C.R. No. Approving and accepting a grant in the amount of $386,105 from 5/18/18 5/22/18 20-88 the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, to provide funding for the FSM program entitled: “Improving Health of the People of the FSM through Program Leadership and Management, Surveillance and Epidemiology, Health System”, including all the terms and conditions of the assistance. (Urusemal by request) C.R. No. Expressing the sincere condolences and sadness to the family of 5/18/18 5/16/18 20-89 the late Honorable Helbert Dereas at his passing on April 19, 2018. (Simina) C.R. No. Approving and accepting a non-project grant aid from the 5/24/18 20-91 Government of Japan in the amount of 350,000,000 Japanese Yen to the Government of the Federated States of Micronesia, for economic and social programs, including all the terms and conditions of the assistance. (Urusemal by request) C.R. No. Setting the ceiling of the total funds estimated to be available for 5/15/18 5/22/18 20-92 appropriation from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018. (Figir) C.R. No. Approving and accepting a grant in the amount of $106,291 from 5/21/18 5/28/18 20-93 the United States Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, to fund and support the Community Mental Health Services Project in the FSM, for budget period from October 01, 2017, to September 30, 2018, including all the terms and conditions of the assistance. (Harper by request) C.R. No. To confirm the nomination of Mr. Nena C. Ned to serve as 5/24/18 5/29/18 20-94 member of the Federated States of Micronesia Social Security Board of Directors, representing the state of Kosrae. (Harper by request) C.R. No. Approving and accepting a grant in the amount of $386,105 5/28/18 5/29/18 20-95 from the United States Department of Health and Human Services, Centers for Disease Control and Prevention (CDC), to fund and support the Tobacco and Diabetes Programs under the Tobacco and Diabetes Collaborative Partnership in the FSM, including all the terms and conditions of the assistance. (Harper by request) C.R. No. To congratulate United Airlines on the 50th anniversary of 5/24/18 5/30/18 20-98 providing air service to the Federated States of Micronesia and to express its sincere best wishes for continued success and accomplishments in the coming years. (Simina)

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C.R. No. Short Title Adoption Transmittal date Date C.R. No. Approving and accepting a $250,000 grant from the U.S. 5/28/18 5/29/18 20-100 Department of Health and Human Services, to fund for the Opioid State Targeted Response Program, including all the terms and conditions of the assistance. (Harper by request) C.R. No. Approving and accepting a grant in the amount of $147,000 from 5/28/18 5/29/18 20-101 the U.S. Department of Health and Human Services, Health Resources and Service Administration (HRSA), to fund for the Maternal and Child Health Services Program in the FSM, including all the terms and conditions of the assistance. (Harper by request) C.R. No. Approving and accepting a grant in the amount of $125,000 from 5/28/18 5/30/18 20-103 the United Nations Population Fund (UNFPA) to fund the implementation of the FSM’s Programmes under the UNFPA Strategic Plan 2018-2021, including all the terms and conditions of the assistance. (Harper by request) C.R. No. Authorizing the President to submit the Recommended National 5/28/18 5/30/18 20-104 Government Compact Budget Request, as revised pursuant to Congress’s recommendations, to the United States under Article V of the Fiscal Procedures Agreement. (Urusemal) C.R. No. Expressing the sincere condolences and sadness to the family of 5/28/18 5/30/18 20-105 the late Daniel Kahikina Akaka, at his passing on April 6, 2018. (Simina)

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20th CONGRESS of the Federated States of Micronesia

FOURTH REGULAR SESSION

Daily Journal Index

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Twentieth Congress of the Federated States of Micronesia

FOURTH REGULAR SESSION

May 11th, 2018 thru May 28th, 2018

DAILY JOURNAL INDEX Day Page No. 1. Friday, May 11, 2018 …...………………………………………………. 1-24 2. Saturday, May 12, 2018 NO SESSION 3. Sunday, May 13, 2018 NO SESSION 4. Monday, May 14, 2018 …………………………………………………… 25-46 5. Tuesday, May 15, 2018 …………………………………………………… 47-73 6. Wednesday, May 16, 2018 …………………………………………………… 74-91 7. Thursday, May 17, 2018 NO SESSION 8. Friday, May 18, 2018 …………………………………………………… 92-121 9. Saturday, May 19, 2018 NO SESSION 10. Sunday, May 20, 2018 NO SESSION 11. Monday, May 21, 2018 …………………………………………………… 122-134 12. Tuesday, May 22, 2018 NO SESSION 13. Wednesday, May 23, 2018 NO SESSION 14. Thursday, May 24, 2018 …………………………………………………… 135-159 15. Friday, May 25, 2018 NO SESSION 16. Saturday, May 26, 2018 NO SESSION 17. Sunday, May 27, 2018 NO SESSION 18. Monday, May 28, 2018 …………………………………………………… 160-172

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20th CONGRESS of the Federated States of Micronesia

FOURTH REGULAR SESSION

Daily Journal

1

CONGRESSIONAL JOURNAL TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH REGULAR SESSION

OPENING DAY Friday, May 11, 2018

The Opening Day of the Fourth Regular Session of the Twentieth Congress of the Federated States of Micronesia was called to order at 10:19 a.m., Friday, May 11, 2018.

Acting Speaker Esmond B. Moses presided.

Acting Speaker Moses: 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 of the Federated States of Micronesia, I hereby call the Twentieth Congress of the Federated States of Micronesia, Fourth Regular Session to order.

A moment of silent prayer was observed.

The Chief Clerk called the roll. Nine Members were present; Senator Aritos, Chairman Figir, and Chairman Romolow were absent; Floor Leader Harper and Speaker Simina were excused.

APPOINTMENT OF COMMITTEE TO WAIT ON THE PRESIDENT

Acting Speaker Moses: I hereby appoint Chairman Welly from the state of Kosrae as Chairman; Chairman Urusemal, Chairman Perman, and Chairman Gouland as members. If you could please work with the President for the Committee to Wait on the President’s gathering. Next item.

PRESIDENTIAL COMMUNICATIONS

-No. 20-198 - (dated 02/15/18 and received 02/19/18) – Designating Congressional Act No. 20-72, as Public Law No. 20-72: “To further amend title 52 of the Code of the Federated States of Micronesia (Annotated), as amended, by amending sections 401 to 409, to realign the name of the plan, through clarify the roles of the administrator, and to expand the eligibility requirements, and for other purposes.”

-No. 20-199 - (dated 02/23/18 and received 02/26/18) – Designating Congressional Act No. 20-73, as Public Law No. 20-73: “To further amend title 24 of the Code of the Federated States of Micronesia (Annotated), as amended, by amending section 920 thereof, to allow for proper implementation of NORMA Administrative Penalties, and for other purposes.”

-No. 20-200 - (dated 02/23/18 and received 02/26/18) – Encouraging the FSM Congress to take action on C.R. No. 20-62, in order to ratify the mutual visa waiver agreement, which was signed on September 21, 2017, between the FSM and the Russian Federation.

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May 11, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 4RS – 20CFSM

-No. 20-201 - (dated 03/02/18 and received 03/05/18) – Designating Congressional Act No. 20-82 as Public Law No. 20-74: “To amend section 9 of Public Law No. 19-118, as amended by Public Laws Nos. 19-125, 19-131, 19-135, 19-146, 19-160, 20-01, 20-14 and 20-23, in order to change the use of funds for a particular line item, and for other purposes.”

-No. 20-202 - (dated and received 03/12/18) – Designating Congressional Act No. 20-75 as Public Law No. 20-75: “To further amend Public Law No. 20-60, as amended by Public Law No. 20-65 by amending sections 3, 4 and 6 thereof, to change the use and allottee of funds previously appropriated therein, to fund public projects and social programs in the states of Kosrae and Pohnpei and for other purposes.”

-No. 20-203 - (dated and received 03/12/18) – Designating Congressional Act No. 20-74 as Public Law No. 20-76: “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 sections 3 and 5 thereof, to change the use of funds previously appropriated therein, for the purpose of funding public projects and social programs in the states of Kosrae and Chuuk, and for other purposes.”

-No. 20-204 - (dated and received 03/16/18) – Designating Congressional Act No. 20-80 as Public Law No. 20-77: “To amend Public Law No. 20-31, as amended by Public Law No. 20-41, by amending section 5 thereof, to change the use of funds previously appropriated therein, to fund public projects and social programs for the people of Chuuk State, and for other purposes.”

-No. 20-205 - (dated and received 03/16/18) – Designating Congressional Act No. 20-81 as Public Law No. 20-78: “To amend Public Law No. 20-68, by amending section 2 thereof, to change the use of funds previously appropriated therein, to fund public projects and social programs in the state of Kosrae, and for other purposes.”

-No. 20-206 - (dated and received 03/16/18) – Designating Congressional Act No. 20-76 as Public Law No. 20-79: “To further amend Public Law No. 19-32, as amended by Public Laws Nos. 19-45, 19-61, 19-83, 19-95 and 19-122, by amending sections 1 and 9 thereof, to de-appropriate an amount of $800,000 from the Capital and Human Resources development for the state of Kosrae infrastructure priority infrastructure priority projects funding, and for other purposes.”

-No. 20-207 - (dated and received 03/16/18) – Designating Congressional Act No. 20-79 as Public Law No. 20-80: “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 sections 2 and 5 thereof, to change the use of funds previously appropriated therein to fund public projects and social programs for the people of the states of Yap and Chuuk, and for other purposes.”

-No. 20-208 - (dated and received 03/16/18) – Designating Congressional Act No. 20-78 as Public Law No. 20-81: “To further amend Public Law No. 18-70, as amended by Public Laws Nos. 18-98, 18-112, 18-122, 19-07, 19-24, 19-41, 19-52, 19-73, 19-82, 19-101, 19-114, 19-139, 20-07, 20-16, and 20-36, by 3 May 11, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 4RS – 20CFSM

amending section 5 thereof, to change the use of certain funds previously appropriated therein, for the purpose of funding public projects and social programs for the people of Chuuk State, and for other purposes.”

-No. 20-209 - (dated and received 03/16/18) – Designating Congressional Act No. 20-77 as Public Law No. 20-82: “To further amend Public Law No. 19-54, as amended by Public Laws Nos. 19-62, 19-75, 19-79, 19-99, 19-119, 19-129, 19-136, 19-144, 19-173, 20-04 and 20-56, by amending section 5 thereof, to change the use of funds previously appropriated therein, to fund public projects and social programs in the state of Chuuk, and for other purposes.”

-No. 20-210 - (dated 02/15/18 and received 03/26/18) – Transmitted the nomination of Ms. Teresa M. Filepin to serve as the FSM Consul General in Guam.

-No. 20-211 - (dated and received 04/01/18) – Submitted the FY2019 proposed budget for the National Government.

-No. 20-212 - (dated 04/09/18 and received 04/12/18) – Presented the Dolap Communique, the outcome of the 18th Micronesian Presidents’ Summit, which was concluded on 02/27/18 in Majuro, for information and reference.

-No. 20-213 - (dated 04/16/18 and received 04/17/18) – Transmitted a resolution adopting the Protected Areas Network National Guiding Framework (‘PAN Policy Framework”), which is to establish a transparent, fair and efficient system governing the designation of a nationwide protected areas network by creating the suitable procedures, criteria and mechanisms for their establishment.

-No. 20-214 - (dated and received 05/07/18) – Transmitting a bill to amend the use of $40,000 from Hosting of Global Environment Facil. Constituency Meetings to funding the Green Climate Fund Regional Dialogue.

-No. 20-215 - (dated and received 05/07/18) – Transmitting a resolution accepting $386,105 grant from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention to fund the FSM Program on Improving Health of the people of the FSM through Program Leadership and Management, Surveillance and Epidemiology, Health System.

Acting Speaker Moses: Assign the Communications, Chief Clerk.

Chairman Urusemal: Short recess.

Acting Speaker Moses declared the Congress recessed at 10:21 a.m., subject to the call of the Chair.

RECESS

The Congress reconvened at 10:21 a.m.

Acting Speaker Moses: Congress comes back to session. Let the record reflect that if there is no objection, Chairman Urusemal is now appointed as the Acting Floor Leader. Next item.

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FSM SUPREME COURT COMMUNICATIONS

-No. 20-10 - (dated and received 02/21/18) – 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. K8-2015.

-No. 20-11 - (dated and received 03/16/18) – From the Hon. Dennis K. Yamase, Chief Justice of the FSM Supreme Court, informing Congress that he had designated the Hon. Camillo Noket, Chief Justice of the Chuuk State Supreme Court to serve as a Temporary Justice of the FSM Supreme Court in Appeal Case No. K6-2016.

-No. 20-12 - (dated and received 04/30/18) – 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. K9-2015.

Acting Speaker Moses: Assign those Communications. Next item.

MEMBER COMMUNICATIONS

-No. 20-19 - (dated and received 04/20/18) – From the Hon. Esmond B. Moses, Vice Speaker, 20th CFSM, sharing the highlights of his trip, on which he travelled with H.E. President Peter M. Christian, to the swearing in ceremony of the new FSM Consul General in Portland, Oregon in early April 2018.

-No. 20-20 - (dated and received 03/04/18) – From the Hon. Joseph J. Urusemal, Chairman of the Yap Congressional Delegation, submitting the Delegation Office’s seven months Budget Report for fiscal year 2018in the categories of Travel, Consumable Goods, Contractual Services and Fixed Assets.

-No. 20-21 - (dated and received 05/10/18) – From Chairman Paliknoa K. Welly of the Committee on External Affairs, submitting a trip report summarizing the outcome of the 49th ACP-EU Joint Parliamentary Assembly meeting in Brussels, Belgium on March 18-22, 2018.

-No. 20-22 - (dated and received 05/10/18) – From Chairman Paliknoa K. Welly of the Committee on External Affairs, submitting a brief report on his meeting with the Hon. Robert Ruecho, FSM Consul General in Guam, on the nomination of Ms. Teresa M. Filepin, President’s new nominee to serve as the FSM Consul General in Guam.

Acting Speaker Moses: Assign those Communications. Next item.

DEPARTMENTAL COMMUNICATIONS

-No. 20-37 - (dated 03/06/18 and received 03/07/18) – From the Hon. Lorin S. Robert, Secretary, FSM Department of Foreign Affairs, presenting compliments and forwarding a Diplomatic Note No. 012/2018 from the Embassy of the 5 May 11, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 4RS – 20CFSM

People’s Republic of China in the FSM, conveying an invitation by Chinese People’s Political Consultative Conference to visit China in April 2018.

-No. 20-38 - (dated 02/28/18 and received 03/07/18) – From Mrs. Sihna N. Lawrence, Secretary, Department of Finance & Administration, sending a hard copy of FSM’s Country Program for the Green Climate Fund.

-No. 20-39 - (dated 03/13/18 and received 03/14/18) – From the Hon. Lorin S. Robert, Secretary, FSM Department of Foreign Affairs, presenting compliments and forwarding a Diplomatic Note No. 18-0062 from the U.S., conveying an invitation for a brief tour on the subject vessel in Ulithi, Yap State on Tuesday, March 20, 2018.

-No. 20-40 - (dated 04/23/18 and received 04/24/18) – From Mrs. Magdalena A. Walter, Secretary, FSM Department of Health & Social Affairs, informing Congress of a FSM BH&WP and SPF-PFS Advisory Council meeting in Chuuk, from April 30 to May 04, 2018, and inviting Mr. Rayel to attend.

-No. 20-41 - (dated and received 04/26/18) – From Mr. Kalwin L. Kephas, Secretary, FSM Department of Education, informing Congress of the upcoming National Close-Up Program student’s visit to Congress during session on May 15, 2018 at 10:00 a.m.

Acting Speaker Moses: Assign those Communications, Chief Clerk. Next item.

AGENCY OR GOVERNMENTAL AUTHORITY COMMUNICATIONS

-No. 20-34 - (Dated & received 02/21/18) – From Mr. Eugene Pangelinan, Executive Director, NORMA, informing Congress that the 37th Annual took place in Nauru from March 5 to 16, 2018.

-No. 20-35 - (dated 03/07/18 and received 03/09/18) – From Dr. Joseph M. Daisy, EdD, President & CEO, College of Micronesia-FSM, informing Congress that the COM-FSM started its celebration of the 25th Anniversary during the first week of April.

-No. 20-36 - (dated 04/16/18 and received 04/19/18) – From Mr. Eugene Pangelinan, Executive Director, NORMA, informing Congress of two upcoming meetings, namely FFC 106 and the 15th Infofish World Tuna Trade Conference & Exhibition respectively on May 7-11 2018 in Rarotonga, Cook Islands and in Thailand from May 28-30, 2018.

-No. 20-37 - (dated 04/18/18 and received 04/30/18) – From Mr. Nakama Sana, Banking Commissioner, attaching the consolidated statement of assets and liabilities of the FSM Commercial Banking System for the quarter ended 31 December 2017.

-No. 20-38 - (dated and received 03/26/18) – From Mr. Augustine C. Kohler, National Historic Preservation Officer, requesting the Congress archivist to participate in the Institute of Museum and Library Services Conference in Honolulu, 7-9 May 2018.

6 May 11, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 4RS – 20CFSM

-No. 20-39 - (dated 05/04/18 and received 05/08/18) – From Mrs. Anna Mendiola, President/CEO, FSM Development Bank, submitting the annual report of the Bank for the year, which ended December 31, 2017.

-No. 20-40 - (dated 05/07/18 and received 05/09/18) – From Mr. Alexander Narruhn, Chairman, FSM Banking Board, and Mr. Nakama Sana, Banking Commissioner, transmitting the Banking Board’s 2017 Annual Report. -No. 20-41 - (dated and received 05/09/18) – From Mr. Eugene Pangelinan, Executive Director, NORMA, Informing Congress and providing a copy of the Emergency Regulations on Administrative Penalty, which took effect on May 8, 2018.

Acting Speaker Moses: Assign those Communications, Chief Clerk.

STATE COMMUNICATIONS

-No. 20-15 - (dated and received 02/20/18) – From the Hon. Lyndon H. Jackson, Governor, Kosrae State, soliciting support to fund the participation of the 112 athletes from the state of Kosrae at the Micronesian Games in Yap, in July.

-No. 20-16 - (dated 03/12/18 and received 03/14/18) – From Ms. Dee N. N. Libian, Chief Clerk, 9th Yap State Legislature, transmitting a certified copy of Yap State Resolution No. 9-59, which was adopted by the 9th Legislature: “Respectfully and urgently requesting the FSM Insurance Board to facilitate the approval of SelectCare Insurance to operate within the FSM and provide more choices of health insurance coverage in the state of Yap.

-No. 20-17 - (dated 03/07/18 and received 03/26/18) – From Songkinita S. Bossy, Chief Clerk, Senate, 14th Chuuk State Legislature, transmitted a certified copy of Senate Joint Resolution No. 14-18-SJR-07, which was passed by the 14th Chuuk State legislature, 3rd special session, February, 2018: “Requesting His Excellency Peter M. Christian, President of the Federated States of Micronesia and the FSM Congress to support the recommendation by Mr. Tetsuo Suzuki, for Air Niugini to designate the state of Chuuk as its transit point between Port Moresby and Narita.”

-No. 20-18 - (dated 04/30/18 and received 05/07/18) – From Mr. Charles D. Johnson, Legislative Clerk, 9th Pohnpei Legislature, transmitting certified copies of Resolutions Nos. 58-18, LD1 and 59-18, LD2, adopted on April 16, 2018: “Conveying the deepest sympathy and earnest condolences of the Ninth Pohnpei Legislature for the passing of one of FSM’s great leaders, former President, the late Honorable Leo A. Falcam”; “Urgently requesting the President of the Federated States of Micronesia and the FSM Congress to take swift action to assist the State of Pohnpei and our people in overcoming the horrendous damages and destruction in this State caused by the heavy rains and disastrous flooding of March 16 and 17, 2018.”

Acting Speaker Moses: Assign those Communications, Chief Clerk. Next item.

STATE SUPREME COURT COMMUNICATIONS

None

7 May 11, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 4RS – 20CFSM

MUNICIPAL OR TOWN COMMUNICATIONS

-No. 20-03 - (dated 04/03/18 and received 04/04/18) – From Mr. Jose San Nicolas, Mayor, Kolonia Town, inviting Speaker and members of Congress to the grand opening of the Kolonia-China Friendship Multipurpose Gymnasium, which had taken place on April 13, 2018 at 3:00 p.m.

Chairman Urusemal: Mr. Acting Speaker.

Acting Speaker Moses: Chairman Urusemal.

Chairman Urusemal: Thank you, Mr. Acting Speaker. With your permission, I rise on a point of privilege to introduce some very important dignitaries observing the convening of this Fourth Regular Session of this Twentieth Congress.

Acting Speaker Moses: You may proceed.

Chairman Urusemal: Thank you, Mr. Speaker. As you can see, we have full house mostly are our honored guests. With that, I bring greetings from the great people of the state of Yap to this Chamber and to all the honored guests observing this morning’s session. I rise on a point of privilege to introduce for recognition, first, His Excellency Peter M. Christian President of the Federated States of Micronesia (applause). I am also honored to introduce for recognition the Honorable Vice President of the FSM Yosiwo P. George (applause). Along with the President and the Vice President are members of the President’s Cabinet. Collectively, can we give them a round of applause? (Applause). Mr. Acting Speaker, continuing with the introduction of our special guests this morning, second, the Diplomatic Corps. May I introduce His Excellency Ambassador George Frasier, the Embassy of Australia (applause); His Excellency Ambassador Ryoichi Horie, Embassy of Japan (applause), the Ambassador, His Excellency Ambassador Robert A. Riley, Embassy of the U.S. (applause), Chargé d’ Affairs, Madam Li, Embassy of the People’s Republic of China (applause). We are also very honored to have with us is a newly and accepted Ambassador from the Government of the Kingdom of Belgium, His Excellency Ambassador Michel Goffin (applause). Also in the gallery, we are honored to have this morning a special envoy from the Government of the People’s Republic of China witnessing the convening of this Regular Session is a frequent visitor to FSM, please help me welcome His Excellency Special Envoy Du Qiwen (applause). Accompanying the Special Envoy from the Ministry of Foreign Affairs, Department of North America and Oceania Affairs are: Director Qin Chuan and 3rd Secretary Mr. CUI Jie (applause). I also see a good friend, a person who has worked long and hard and continues to work for the FSM and for our people of the FSM, former Vice President Redley Killion (applause). As I said, Mr. Acting Speaker, at the outset, there are a lot of visitors this morning, so I will stop my introduction here and defer to the Delegations Chairmen and other Members to continue their introduction. Thank you very much, Mr. Acting Speaker.

Acting Speaker Moses: Thank you, Chairman Urusemal. It is always nice to welcome our President, Vice President, and Cabinet Members, members of the Diplomatic Corps, and those visiting us. Also, to have a full house is pretty much an honor for us. We rarely have a full house as we have today. Are there any more points of privilege?

Chairman Panuelo: Mr. Acting Speaker.

Acting Speaker Moses: Chairman Panuelo, you have the floor.

Chairman Panuelo: Thank you, Mr. Acting Speaker. Good morning to you and to all of the officials who are observing from the gallery. Mr. Acting Speaker, allow me to join the Acting Floor 8 May 11, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 4RS – 20CFSM

Leader in saying few words and recognizing officials who are here. Before I do that, I just want to say Happy Constitution Day to all of you. Our Nation, yesterday, celebrated our 39th Anniversary of the FSM Constitution. It is a very solemn occasion for all of us to remember the founding fathers of our Nation and we thank them. We are thankful to all our citizens across the Nation, those living in the country and abroad on our FSM Constitution Day. Mr. Acting Speaker, I join Chairman Urusemal in recognizing our President, His Excellency Peter M. Christian, our Vice President, the Honorable Yosiwo P. George who are working very hard in delivering the important operations of our Government, our Nation. On behalf of the Pohnpei Delegation, I also would like to recognize the presence of the Diplomatic Corps, who are here in fully presence, including those who travelled from overseas: our own FSM diplomats, Ambassadors to our FSM Embassies, and our Consulate Officers. They are here and we thank you all. We understand you are here for the session of May, which is the rightly session to do budget. Mr. Acting Speaker, if you would allow me, I also wish to recognize the Traditional Leaders who are here. One, among them, that I understand who is here is Wasahi Kitti. I am not sure if I miss others who are here. I will read out all the names, and in the interest of time, ask that we give them a collective applause. We also want to recognize, on behalf of our Delegation, the presence of the local chief executives who are here. I wish to say a few names here: The Chief Executive of the Municipality of Kitti, Luhkenmoanlap, the Honorable Tony Sarapio. We also have two Speakers: The Speaker of the Kitti Counsel, Isokohnedi Speaker Jordan Ardos and the Speaker of the Kolonia Town, Jack Harris.

Mr. Acting Speaker, others who are here, I would like to recognize who is with our MRA, partner of the FSM, Mr. Jim Eunier. I see him in the crowd; the former Vice President of our Country, Mr. Redly Killion. I have a list here, Mr. Acting Speaker. In the interest of time, I will submit for the record. Let’s give all of them, our citizens who are observing our session this morning, a collective round of applause (applause). Thank you, Mr. Acting Speaker.

Chairman David W. Panuelo requested that the names below be inserted into today’s Journal:

Office of Association of Chamber of Commerce:

1. Redley Killion – President 6. Hermis Kustin – Manager, Actouka 2. Movida Semes – Vice President Insurance 3. Christopher Estauino – Executive 7. Permance Aldis – FSM Tourism Director, Chuuk Program Manager 4. Herman Semes – Treasurer 8. Jocelyn N. Perman – DAS 5. George Torwan – Secretary Department of Foreign Affairs 6. Marie Laamar – member, Yap 9. Lorin S. Robert – Secretary, DFA 7. Joshua Ptaszyk – member, Kosrae 10. Samson Pretrick – Deputy Secretary, 8. Mark Hartman – member, Yap DFA 9. Jason Walter – member 11. Sebastian Anefal – FSM Ambassador 10. TR Mori – member to Suva, Fiji 11. Giemah Narruhn 12. Carl Apis – FSM Ambassador to Beijing, China 1. Jack Harris – Speaker, Kolonia Town 13. Jane Chigiyal – FSM Ambassador to 2. Tony Otto – Election Director, FSM U.N. National 14. Roger Mori – DCM to Japan 3. Ioanis Sahm – National Election Embassy Comm., PNI 15. Joe Enlet – Consul General in 4. Sammy Moses – Election Comm., U Portland Municipal Council 16. Carson Mongkeya – DAS, DFA 5. Gregorio Ioanis – National Election, 17. Stacy Yleizah – DAS, DFA staff 18. Brendy Carl – AS, DFA 19. Jaeger Fredrick – FSO, DFA 9 May 11, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 4RS – 20CFSM

20. Kehlen Halbert – FSO, DFA 23. Henry Shrew – FSO, Honolulu 21. Richard Moufa – SISO, PIFS 24. Gary Ioanis – U.S. Embassy 22. Dwight Edward – FSM Personnel 25. Pelan Yoma – FSM Supreme Court Administrator

Acting Speaker Moses: Thank you, Chairman Panuelo. Are there any more points of privilege?

Chairman Welly: Mr. Acting Speaker.

Acting Speaker Moses: Chairman Welly.

Chairman Welly: Thank you, Mr. Acting Speaker. Good morning to you and to everyone in the gallery this morning. Aside from His Excellency Vice President Yosiwo P. George, who has already been introduced, we also have some individuals from Kosrae that I wish to introduce for recognition. Mr. Acting Speaker, we have Secretary Kalwin Kephas – Department of Education. We also have Postmaster General Ginger Mida, and Lorie Asher, Esquire from the Public Defender’s Office. Mr. Acting Speaker, please allow me to also introduce our own diplomatic corps. I am going to read their names down – there is no preference in the order, but ladies first. We will begin with our office in New York, we have Ambassador Jane Chigiyal (applause). Please hold your applause till I finish with all the names here, otherwise we will be here forever (laughter). Mr. Acting Speaker, we also have the Embassy in Washington D.C. being represented by Ambassador Akillino Susaia, Ambassador Sebastian Anefal from our office in Fiji, Ambassador Carl Apis from our office in the People’s Republic of China. From Japan, we have Deputy Chief of Mission Roger S. Mori. From the Consulate Office in Hawaii, we have Consul General Kandhi Elieiser. From the Consulate Office in Guam, we have Consul General Robert Ruecho. We have a new member in our diplomatic corp. I would like to have a special recognition for him. We have Consul General Joe Enlet from the Portland Office, with his wife Roseleen Enlet. Please give them a round of applause (applause). Thank you, Mr. Acting Speaker.

Acting Speaker Moses: Thank you, Chairman Welly. Are there any more points of privilege?

Chairman Urusemal: Short recess, Mr. Acting Speaker.

Acting Speaker Moses declared the Congress recessed at 10:36 a.m., subject to the call of the Chair. RECESS

The Congress reconvened at 10:37 a.m.

Acting Speaker Moses: Congress comes back to session. Chairman Urusemal, you have the floor.

Chairman Urusemal: Thank you, Mr. Acting Speaker. Since the Cabinet members have been introduced collectively, I will not bore the session by introducing those from the islands of state of stone money. But may I introduce a person sitting in the gallery, a staff of our statistics? He has been there for a long time, from the Island of Ifaluk, a very famous island in the outer islands of Yap. Please welcome Mr. Santus Talugmai (applause).

Acting Speaker Moses: Thank you, Chairman Urusemal. It is always nice to welcome our citiens into this gallery. Are there any more points of privilege? If none, next item.

10 May 11, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 4RS – 20CFSM

FOREIGN GOVERNMENT COMMUNICATIONS

-No. 20-32 - (dated and received 02/20/18) – From the Embassy of the People’s Republic of China, presenting its compliments and passing on an invitation from the Chinese People’s Political Consultative Conference to the Hon. Speaker Wesley W. Simina of the 20th FSM Congress, to lead a delegation to visit China, which took place on 23-27, April 2018.

-No. 20-33 - (dated 03/01/18 and received 03/05/18) – From Madame Gabriela Cuevas Barron, President, IPU, responding and thanking Speaker for an opportunity to work with the Congress delegation to IPU and for opportunities to exchange views on how to advance IPU’s goals in the Asia-Pacific region.

-No. 20-34 - (dated 02/28/18 and received 03/09/18) – From the Hon. Duarte Pacheco, Head of the Portuguese delegation to the 138th IPU Assembly, enclosing a draft amendment to the IPU statutes submitted by the Portuguese delegation, regarding the sub- amendment to further add Portuguese as a working language, during IPU general meetings.

-No. 20-35 - (dated 03/07/18 and received 03/14/18) – From Madame Gabriela Cuevas Barron, President, IPU, writing regarding draft amendments, which she submitted last December (2017) which basically cover five issues which should be subjected to a thorough evaluation: (1) Matters related to the legal commitments of the IPU and their approval procedure, (2) Responsibilities and prerogatives of the Presidency, (3) Communication, transparency and accountability, (4) The Triennial Strategy and (5) Official languages.

-No. 20-36 - (dated 01/10/18 and received 03/08/18) – From the 138th IPU Secretariat regarding the amendments to the IPU Statutes and Rules, which will be considered by the Governing Bodies.

-No. 20-37 - (dated 05/04/18 and received 05/07/18) – From Mr. Martin Chungong, Secretary General, IPU, informing Congress that the 71st World Health Assembly (WHA) will take place in Geneva from 21 to 26 May 2018.

-No. 20-38 - (dated and received 05/07/18) – From the Embassy of the People’s Republic of China, presenting its compliments and informing Congress that H.E. Du Qiwen, China’ Special Envoy for the China-Pacific Islands Forum Dialogue, request to meet with the Hon. Speaker Simina, among other meetings.

-No. 20-39 - (dated 05/03/18 and received 05/08/18) – From Ec. Elizabeth Cabezas G., President, National Assembly of Equador, writing in regard to the serious situation the Ecuadorian State is facing – the criminal attacks that have been perpetrated by felon transnational groups on the border between Ecuador and Colombia and appealing to the international community to join and make an official pronouncement condemning these acts of violation to the human rights and all acts of violence that disturb the peace and security of the state, the region and the global system.

11 May 11, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 4RS – 20CFSM

-No. 20-40 - (dated 05/07/18 and received 05/08/18) – From President Gabriela Cuevas Barron, and Secretary Martin Chungong, of the IPU, enclosing a copy of the draft Resolution and the 2018 Report of the United Nations Secretary General on the ‘Interaction between the United Nations, national parliaments and the Inter-Parliamentary Union.

Acting Speaker Moses: Assign those Communications. 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. 20-57.

TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH REGULAR SESSION May 11, 2018 to May 30, 2018

COMMITTEE REFERRAL

REFERRAL SHEET NO. 20-57, DAY 01, FRIDAY, 05/11/18, AT 10:00 A.M.

C.B. NO. SUBJECT COMMITTEE 20-157 To amend section 305 of title 3 of the Code of the Federated States W&M of Micronesia (Annotated), as added by Public Law No. 20-19, to increase the statutory limit on the amount of funds that Congress may appropriate to Members Representation Funds, and for other purposes. 20-158 To amend sections 603,604,607,708,801,803,804 and 806 of title 53 H&SA of the Code of the Federated States of Micronesia (Annotated) to clarify, define and revise the administration, contribution collections and benefits of the Federated States of Micronesia Social Security, and for other purposes. 20-159 To further amend Public Law No. 15-32, as amended by Public Laws W&M 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 state, and for other purposes.

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20-160 To further amend Public Law No. 15-80, as amended by Public Laws W&M Nos.16-04,17-53,18-37,18-66, 19-14, 19-105, 19-161 and 20-37 by amending section 2 thereof, for the purpose of changing the lapse date of certain funds previously appropriated therein, for public projects and social programs in each of the states, and for other purposes. 20-161 To further amend Public Law No. 16-18, as amended by Public Laws W&M Nos.16-24,16-32,16-39,16-45, 16-54, 16-67, 17-04, 17-14, 17-26, 17-39,17-65, 18-27, 18-47, 18-80, 19-13 and 19-108, by amending section 2 thereof, to change the lapse date of certain funds previously appropriated therein, and for other purposes. 20-162 To further amend Public Law No. 18-70, as amended by Public Laws W&M Nos.18-98,18-112,18-122,19-07,19-24,19-41,19-52,19-73,19, 82,19-101,19-114, 19-139,20-07,20-16, 20-36 and 20-52, by amending sections 4 and 6 thereof, to change the use, allottee and lapse date of certain funds previously appropriated therein, for the purpose of funding public projects and social programs for the people of Pohnpei State, and for other purposes. 20-163 To further amend Public Law No. 16-49, as amended by Public Laws W&M Nos.16-68,16-76,17-06,17-10, 17-23, 17-30, 17-32, 17-45, 17-82, 17-85,18-28, 18-45, 18-59, 18-86, 19-11, 19-106 and 19-110 by amending section 6 thereof, for the purpose of changing the lapse date of certain funds previously appropriated therein, to fund public projects and social programs in each of the states, and for other purposes. 20-164 To further amend Public Law No. 16-62, as amended by Public Laws W&M Nos.16-71,17-05,17-18,17-29,17-47,18-23,18-33,18-50,18-79, 19-19,19-44 and 19-111, by amending section 6 thereof, to change lapse date of certain funds previously appropriated therein, to fund public projects and social programs in each of the states, and for other purposes. 20-165 To further amend Public Law No. 19-64, as amended by Public Laws W&M Nos. 19-81, 19-97, 19-120, 19-137 and 20-29, by amending sections 1 and 2 thereof, to change the use, allottee and lapse date of funds previously appropriated therein, for the purpose of funding public projects and social programs in Pohnpei State, to correct technical errors, and for other purposes. 20-166 To further amend Public Law No. 19-93, as amended by Public Laws W&M 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. 20-167 To further amend Public Law No. 19-141, as amended by Public W&M 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. 20-168 To further amend Public Law No. 19-170, as amended by Public Law W&M No. 20-02, by amending section 6 thereof, to change the lapse date

13 May 11, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 4RS – 20CFSM

of funds previously appropriated therein, for the purpose of funding public projects and social programs in each of the states, and for other purposes. 20-169 To further amend Public Law No. 17-68, as amended by Public Laws W&M 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. 20-170 To further amend Public Law No. 18-99, as amended by Public Laws W&M 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. 20-171 To further amend Public Law No. 18-11, as amended by Public Laws W&M 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. 20-172 To further amend Public Law No. 18-117, as amended by Public W&M Laws Nos.18-120,19-04,19-08,19-35, 19-49, 19-59, 19-76, 19-102 and 20-26 by amending section 6 thereof, to change the lapse date of funds previously appropriated therein, for the purpose of funding public projects and social programs for the people of the states of Yap, Kosrae, Pohnpei and Chuuk, and for other purposes. 20-173 To further amend Public Law No. 19-10, as amended by Public Laws W&M 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. 20-174 To further amend Public Law No. 19-93, as amended by Public Laws W&M 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. 20-175 To further amend Public Law No. 19-54, as amended by Public Laws W&M Nos.19-62,19-75,19-79,19-99, 19-119, 19-129, 19-136, 19-144, 19- 173, 20-04 and 20-54, by amending section 6 thereof, to change the lapse date of funds previously appropriated therein, to fund public projects and social programs in each of the states, and for other purposes. 20-176 To further amend Public Law No. 19-64, as amended by Public Laws W&M Nos. 19-81, 19-97, 19-120, 19-137 and 20-29 by amending section 2 thereof, to change the lapse date of funds previously appropriated therein, for the purpose of funding public projects and social programs in the states of Kosrae and Pohnpei, and for other purposes.

14 May 11, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 4RS – 20CFSM

20-177 To amend Public Law No. 19-89, as amended by Public Laws Nos. W&M 19-94, 19-127, 19-151,19-159, 20-06 and 20-32, by amending section 6 thereof, to change the lapse date of funds previously appropriated therein, for the purpose of funding public projects and social programs in each of the states, and for other purposes. 20-178 To amend Public Law No. 19-152, as amended by Public Laws Nos. W&M 19-162, 20-08 and 20-27, by amending section 6 thereof, to change the lapse date of funds previously appropriated therein, for the purpose of funding public projects and social programs for the people of Yap, Kosrae, Pohnpei, and Chuuk, and for other purposes. 20-179 To further amend Public Law No. 19-170, as amended by Public Law W&M No. 20-02, by amending section 6 thereof, to change the lapse date of funds previously appropriated therein, for the purpose of funding public projects and social programs in each of the states, and for other purposes. 20-180 To further amend Public Law No. 19-121, as amended by Public W&M Laws Nos. 19-130, 19-142, 20-09, 20-22, 20-51, 20-59 and 20-70, by amending section 6 thereof, to change the lapse date of funds previously appropriated therein, for the purpose of funding public projects and social programs for the people of the states of Yap, Kosrae, Pohnpei and Chuuk, and for other purposes. C.R. NO. SUBJECT COMMITTEE 20-84 Requesting the President of the Federated States of Micronesia to EX.AFF. communicate with the United States Government and request reconsideration of the decision to phase out Peace Corps in the Federated States of Micronesia. 20-85 Approving the submission of a grant application in the amount of H&SA $130,000 to the United States Department of Health and Human Services, Health Resources and Services Administration (HRSA), from the Federated States of Micronesia Department of Health and Social Affairs, to fund and support the implementation of the FSM Emergency Medical Services for Children Program for the Fiscal Year 2018. PRESIDENTIAL SUBJECT COMMITTEE COMM. NO. 20-197 (dated and received 02/15/18) – Transmitting a resolution for the H&SA approval and acceptance of a grant application in the amount of $130,000 for the FSM Department of Health and Social Affairs, Emergency Medical Services for Children Program. MISC. SUBJECT COMMITTEE COMM. NO. 20-12 (dated 02/13/18 and received 02/15/18) – From the Hon. Reed B. W&M Oliver, Chairman, Pohnpei Organizing Committee, 9th Micronesian Games, requesting financial assistance for Pohnpei’s `participation in the upcoming Micronesian Games of July 2018, in the State of Yap. 20-13 (dated 02/12/18 and received 02/16/18) – From the Principal of the W&M Pohnpei Catholic School, Ms. Bernadita Benavente Helstrom; and Mrs. Lucille Apis-Overhoff, PTA President, Pohnpei Catholic School, writing to seek generous support of PCS in their fund-raising

15 May 11, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 4RS – 20CFSM

activities to be culminated in their annual Multicultural Show on February 23, 2018.

Acting Speaker Moses: Chairmen and members, take note of the Referral Sheet. Next item.

UNFINISHED BUSINESS

None

BILL CALENDAR

None RESOLUTION CALENDAR

None

INTRODUCTION OF BILLS

C.B. No. 20-157: Introduced by: Senator Neth Assigned to: W&M Date introduced: March 11, 2018

To amend section 305 of title 3 of the Code of the Federated States of Micronesia (Annotated), as added by Public Law No. 20-19, to increase the statutory limit on the amount of funds that Congress may appropriate to Members Representation Funds, and for other purposes.

C.B. No. 20-158: Introduced by: Senator Perman Assigned to: H&SA Date introduced: May 11, 2018

To amend sections 603,604,607,708,801,803,804 and 806 of title 53 of the Code of the Federated States of Micronesia (Annotated) to clarify, define and revise the administration, contribution collections and benefits of the Federated States of Micronesia Social Security, and for other purposes.

C.B. No. 20-159: Introduced by: Senator Perman Assigned to: W&M Date introduced: May 11, 2018

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 state, and for other purposes.

16 May 11, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 4RS – 20CFSM

C.B. No. 20-160: Introduced by: Senator Perman Assigned to: W&M Date introduced: May 11, 2018

To further amend Public Law No. 15-80, as amended by Public Laws Nos. 16-04, 17-53, 18-37, 18-66, 19-14, 19-105, 19-161 and 20-37 by amending section 2 thereof, for the purpose of changing the lapse date of certain funds previously appropriated therein, for public projects and social programs in each of the states, and for other purposes.

C.B. No. 20-161: Introduced by: Senator Perman Assigned to: W&M Date introduced: May 11, 2018

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.

C.B. No. 20-162: Introduced by: Senator Perman Assigned to: W&M Date introduced: May 11, 2018

To further amend Public Law No. 18-70, as amended by Public Laws Nos. 18-98, 18-112, 18-122, 19-07, 19-24, 19-41, 19-52, 19-73, 19-82, 19-101, 19-114, 19-139,20-07,20-16, 20-36 and 20-52, by amending sections 4 and 6 thereof, to change the use, allottee and lapse date of certain funds previously appropriated therein, for the purpose of funding public projects and social programs for the people of Pohnpei State, and for other purposes.

C.B. No. 20-163: Introduced by: Senator Perman Assigned to: W&M Date introduced: May 11, 2018

To further amend Public Law No. 18-70, as amended by Public Laws Nos. 18-98, 18-112, 18-122, 19-07, 19-24, 19-41, 19-52, 19-73, 19-82, 19-101, 19-114, 19-139,20-07,20-16, 20-36 and 20-52, by amending sections 4 and 6 thereof, to change the use, allottee and lapse date of certain funds previously appropriated therein, for the purpose of funding public projects and social programs for the people of Pohnpei State, and for other purposes.

C.B. No. 20-164: Introduced by: Senator Perman Assigned to: W&M Date introduced: May 11, 2018

To further amend Public Law No. 16-62, as amended by Public Laws Nos. 16-71, 17-05, 17-18, 17-29, 17-47, 18-23, 18-33, 18-50, 18-79, 19-19,19-44 and 19-111, by amending section 6 thereof, to change lapse date of certain funds previously appropriated therein, to fund public projects and social programs in each of the states, and for other purposes.

17 May 11, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 4RS – 20CFSM

C.B. No. 20-165: Introduced by: Senator Perman Assigned to: W&M Date introduced: May 11, 2018

To further amend Public Law No. 19-64, as amended by Public Laws Nos. 19-81, 19-97, 19-120, 19-137 and 20-29, by amending sections 1 and 2 thereof, to change the use, allottee and lapse date of funds previously appropriated therein, for the purpose of funding public projects and social programs in Pohnpei State, to correct technical errors, and for other purposes.

C.B. No. 20-166: Introduced by: Senator Perman Assigned to: W&M Date introduced: May 11, 2018

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.

C.B. No. 20-167: Introduced by: Senator Perman Assigned to: W&M Date introduced: May 11, 2018

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.

C.B. No. 20-168: Introduced by: Senator Perman Assigned to: W&M Date introduced: May 11, 2018

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.

C.B. No. 20-169: Introduced by: Senator Perman Assigned to: W&M Date introduced: May 11, 2018

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.

18 May 11, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 4RS – 20CFSM

C.B. No. 20-170: Introduced by: Senator Perman Assigned to: W&M Date introduced: May 11, 2018

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.

C.B. No. 20-171: Introduced by: Senator Perman Assigned to: W&M Date introduced: May 11, 2018

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.

C.B. No. 20-172: Introduced by: Senator Perman Assigned to: W&M Date introduced: May 11, 2018

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.

C.B. No. 20-173: Introduced by: Senator Perman Assigned to: W&M Date introduced: May 11, 2018

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.

C.B. No. 20-174: Introduced by: Senator Perman Assigned to: W&M Date introduced: May 11, 2018

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.

19 May 11, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 4RS – 20CFSM

C.B. No. 20-175: Introduced by: Senator Perman Assigned to: W&M Date introduced: May 11, 2018

To further amend Public Law No. 19-54, as amended by Public Laws Nos. 19-62, 19-75, 19-79, 19-99, 19-119, 19-129, 19-136, 19-144, 19-173, 20-04 and 20-54, by amending section 6 thereof, to change the lapse date of funds previously appropriated therein, to fund public projects and social programs in each of the states, and for other purposes.

C.B. No. 20-176: Introduced by: Senator Perman Assigned to: W&M Date introduced: May 11, 2018

To further amend Public Law No. 19-64, as amended by Public Laws Nos. 19-81, 19-97, 19-120, 19-137 and 20-29 by amending section 2 thereof, to change the lapse date of funds previously appropriated therein, for the purpose of funding public projects and social programs in the states of Kosrae and Pohnpei, and for other purposes.

C.B. No. 20-177: Introduce by: Senator Perman Assigned to: W&M Date introduced: May 11, 2018

To amend Public Law No. 19-89, as amended by Public Laws Nos. 19-94, 19-127, 19-151,19-159, 20-06 and 20-32, by amending section 6 thereof, to change the lapse date of funds previously appropriated therein, for the purpose of funding public projects and social programs in each of the states, and for other purposes.

C.B. No. 20-178: Introduced by: Senator Perman Assigned to: W&M Date introduced: May 11, 2018

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.

C.B. No. 20-179: Introduced by: Senator Perman Assigned to: W&M Date introduced: May 11, 2018

To further amend Public Law No. 19-121, as amended by Public Laws Nos. 19- 130, 19-142, 20-09, 20-22, 20-51, 20-59 and 20-70, by amending section 6 thereof, to change the lapse date of funds previously appropriated therein, for the purpose of funding public projects and social programs for the people of the states of Yap, Kosrae, Pohnpei and Chuuk, and for other purposes.

20 May 11, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 4RS – 20CFSM

C.B. No. 20-180: Introduced by: Senator Perman Assigned to: W&M Date introduced: May 11, 2018

To further amend Public Law No. 19-121, as amended by Public Laws Nos. 19-130, 19-142, 20-09, 20-22, 20-51, 20-59 and 20-70, by amending section 6 thereof, to change the lapse date of funds previously appropriated therein, for the purpose of funding public projects and social programs for the people of the states of Yap, Kosrae, Pohnpei and Chuuk, and for other purposes.

INTRODUCTION OF RESOLUTIONS

None

MISCELLANEOUS COMMUNICATIONS

-No. 20-14 - (dated 03/21/18 and received 04/10/18) – From Ms. Jessicalynn Reyes, Assistant Chief Clerk, submitting a report on her participation at the public hearings by the J&GO Committee in Kosrae and Chuuk States, during the period of February 25 to March 02, 2018.

-No. 20-15- (dated and received 04/04/18) – From a group of staff namely, Aldeha Edward, Paul Womack, Shallane Susumu, Rosalihna Donre, and Jeanda Redy, submitting their report on a trip to Portland, on their course: “Exceptional Writing & Goof- Proof Grammar”, which took place on 26-27 March 2018.

-No. 20-16 - (dated 04/12/18 and received 04/30/18) – From Mr. Marcellius J. Akapito, Executive Director, Chuuk Conservation Society, reiterating sincere gratitude for the funding support provided to CCS (PL. No. 20-42) and providing an update regarding CCS’s expenditure of the funds.

Acting Speaker Moses: Assign those Communications. Next item.

MISCELLANEOUS BUSINESS

Acting Speaker Moses: Are there any miscellaneous business from Members?

Chairman Urusemal: Mr. Acting Speaker.

Acting Speaker Moses: Chairman Urusemal.

Chairman Urusemal: I just wish to note here, and I hope that it is not a mistake that I see all the assignments mostly to one Committee and I don’t see my Committee being assigned in anything and I am tired of sitting around doing nothing. I hope it is a mistake. If there are things that should be assigned to your Committee on Education, please do so. Thank you.

Acting Speaker Moses: Thank you, Chairman Urusemal. Chief Clerk will make sure that there will be a number of items assigned to the Education Committee. Are there any more miscellaneous business?

21 May 11, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 4RS – 20CFSM

Chairman Panuelo: Mr. Acting Speaker.

Acting Speaker Moses: Chairman Panuelo.

Chairman Panuelo: Mr. Acting Speaker, I would like to put on record, under Miscellaneous Business, the expression of sympathies and condolences to the family of Bethuel Henry. As you may know, Bethuel Henry was the first Speaker of the FSM Congress. His Wife, Merine Henry, passed away last weekend. Expressing our collective sympathies and prayers for the family, I wish to also share that the service for the funeral will be this afternoon, I believe, at 3:00 o’clock. The Chief Clerk can check it. For those who wish to attend the service, that would be this afternoon. On all our behalf, we express sympathies and prayers to the family of Bethuel Henry. Thank you, Mr. Acting Speaker.

Acting Speaker Moses: Thank you, Chairman Panuelo. I stand to be corrected, the services will be held at Kepinle Protestant Church.

Chairman Panuelo: Correct.

Acting Speaker Moses: Thank you, Chairman Panuelo. Are there any further miscellaneous businesses? Short recess.

Acting Speaker Moses declared the Congress recessed at 10:42 a.m., subject to the call of the Chair.

RECESS

The Congress reconvened at 10:43 a.m.

Acting Speaker Moses: Congress comes back to session. Next item.

ANNOUNCEMENTS

Acting Speaker Moses: Chairman Welly.

Chairman Welly: Thank you, Mr. Acting Speaker. I have two announcements. The first one is that your Committee to Wait on the President will meet with the President in his conference right after the session this morning. The second one is there will be an oversight hearing with the Department on Tuesday at noon regarding foreign grants and anything and everything related to the Department. I would like to add to the announcements that there will be lunch. Thank you, Mr. Acting Speaker.

Acting Speaker Moses: Thank you, Chairman Welly. Chairman Alik.

Chairman Alik: Thank you, Mr. Acting Speaker. No, I have no announcements at this point. Thank you.

Acting Speaker Moses: Thank you. Chairman Perman.

Chairman Perman: Thank you, Mr. Acting Speaker. Good morning to you, Members, and to all who are observing our session this morning. Mr. Acting Speaker, as of now, your Committee on Health and Social Affairs has no announcements. Thank you.

22 May 11, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 4RS – 20CFSM

Acting Speaker Moses: Thank you. Chairman Panuelo.

Chairman Panuelo: Thank you. This morning I signed on a Committee report on the long-awaited Seabed Authority to report in to Congress the administration bill on the Seabed Authority. I thank the President and the Administration in moving that bill to Congress. It took us how many years to bring this to full sitting of Congress. Your Committee wishes to ask for the Members’ support. That will be reported in the days ahead. We look forward to having this bill pass. Thank you, Mr. Acting Speaker.

Acting Speaker Moses: Thank you. I take it that there are no announcements for hearings?

Chairman Panuelo: Hearings, our staff are working on the schedule for your R&D Committee hearings with the respective departments that are under its jurisdiction, so we will be announcing in the upcoming days for the scheduled hearings. Thank you, Mr. Acting Speaker. Acting Speaker Moses: Thank you, Chairman Panuelo. Chairman Gouland.

Chairman Gouland: Thank you, Mr. Acting Speaker. Your Committee on T&C will conduct a hearing on Tuesday, next week at 8:00 a.m. Please bring your own breakfast. Thank you.

Acting Speaker Moses: Thank you, Chairman Gouland. Chairman Urusemal.

Chairman Urusemal: Thank you, Mr. Acting Speaker. Since I complain with lack of work for the Committee, I am happy to announce that on Monday, at 1:30 p.m., your Committee on Education will have a small oversight, one-hour meeting with the College of Micronesia-FSM, and then right after will be the budget. Thank you, Mr. Acting Speaker.

Acting Speaker Moses: Thank you, Chairman Urusemal. Vice Chairman Neth.

Senator Neth: Thank you, Mr. Acting Speaker. No announcements.

Acting Speaker Moses: Vice Chairman Konman.

Senator Konman: Thank you very much, Mr. Acting Speaker. I have no announcements. Thank you.

Acting Speaker Moses: Short recess.

Acting Speaker Moses declared the Congress recessed at 10:47 a.m., subject to the call of the Chair.

RECESS

The Congress reconvened at 10:48 a.m.

Acting Speaker Moses: Congress comes back to session. Acting Floor Leader Urusemal.

Acting Floor Leader Urusemal: Thank you very much, Mr. Acting Speaker. The announcement for lunch is for Monday. With that, I move that this Congress stand in recess until Monday at 10:00 a.m., in Palikir.

23 May 11, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 4RS – 20CFSM

Chairman Perman: Second.

Acting Speaker Moses: It has been moved and seconded that Congress stand in recess until 10:00 a.m., Monday morning. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. Congress now stands in recess until Monday at 10:00 a.m.

Acting Speaker Moses declared that the Congress stand in recess at 10:48 a.m., Friday, May 11, 2018, until Monday, May 14, 2018, at 10:00 a.m.

24

CONGRESSIONAL JOURNAL TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH REGULAR SESSION

DAY TWO Saturday, May 12, 2018

No Session

DAY THREE Sunday, May 13, 2018

No Session

DAY FOUR Monday, May 14, 2018

The Fourth Day of the Fourth Regular Session of the Twentieth Congress of the Federated States of Micronesia was called to order at 10:29 a.m., Monday, May 14, 2018.

Speaker Wesley W. Simina presided.

A moment of silent prayer was observed.

The Chief Clerk called the roll. Eleven Members were present; Senator Aritos, Chairman Romolow and Floor Leader Harper were excused.

Speaker Simina: We have a quorum to transact business. Before we go on to Reading of the Journal, I would like to state my appreciation to Vice Speaker Moses for taking care of our Opening Session and to Acting Floor Leader Urusemal for doing his usual standing for our Floor Leader. Based on that, Acting Floor Leader.

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. 20-216 - (dated 05/08/18 and received 05/09/18) – Transmitting a bill that would give the FSM Petroleum Corporation (the “Corporation”) temporary exemption from duty with respect to all goods imported for the Integrated Coconut Processing Facility, Independent Power Plant, and Coconut Supply Chain Management on Tonoas Island, Chuuk State.

-No. 20-217 - (dated 05/08/18 and received 05/09/18) – Transmitting a bill that would expand the mandate of the FSM Petroleum Corporation (the “Corporation”) into renewable energy.

25 May 14, 2018 CONGRESSIONAL JOURNAL –DAYS 2, 3, AND 4 – 4RS – 20CFSM

-No. 20-218 - (dated 05/08/18 and received 05/09/18) – Transmitting a bill that would rectify two errors in the FY18 budget of the Department of Justice relating to the contractual funds of Immigration and Litigation.

-No. 20-219 - (dated and received 05/11/18) – Transmitting the nomination of Takuro Akinaga to serve as Chief Executive of the Office of the Telecommunication Regulation Authority (the “Authority”).

-No. 20-220 - (dated and received 05/11/18) – Transmitting a resolution of a foreign financial assistance of $350,000,000 in Japanese Yen from the Government of Japan to the Government of the Federated States of Micronesia to fund and support the economic and social programs in the FSM.

-No. 20-221 - (dated and received 05/11/18) – Transmitting for action a resolution approving and accepting a grant assistance made available by the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention (CDC) in the amount of $386,105 to fund the FSM Tobacco and Diabetes Programs under the Tobacco and Diabetes Collaborative Partnership in the FSM.

-No. 20-222 - (dated and received 05/11/18) – Transmitting for action a resolution approving and accepting a grant assistance made available by the U.S. Department of Health and Human Services, Substance Abuse and mental Health Services Administration in the amount of $106,291to the FSM Department of Health and Social Affairs, FSM Behaviour Health & Wellness Program.

-No. 20-223 - (dated and received 05/11/18) – Transmitting the nomination of Jolden J. Johnnyboy to serve as member of the Office of the Telecommunication Regulation Authority.

-No. 20-224 - (dated and received 05/11/18) – Transmitting for action a revised version of the current proposed Foreign Investment bill (C.B. No. 20-33).

-No. 20-225 - (dated and received 05/11/18) – Submitting for approval a grant application to the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, OPHPR in the amount of $691,772 to provide supplemental financial support to the FSM health and Healthcare Emergency Preparedness Program and its related activities for budget period from July 01, 2018 to June 30, 2019.

Speaker Simina: Assign those Communications, Chief Clerk. Next item.

FSM SUPREME COURT COMMUNICATIONS

None

MEMBER COMMUNICATIONS

None

26 May 14, 2018 CONGRESSIONAL JOURNAL –DAYS 2, 3, AND 4 – 4RS – 20CFSM

DEPARTMENTAL COMMUNICATIONS

-No. 20-42 - (dated and received 05/08/18) – From the Hon. Lorin S. Robert, Secretary, Department of Foreign Affairs, presenting compliments and to inform of a visit by the Special Envoy from China, Mr. Du Qiwen and his delegation of 4 members, 10-12 May 2018.

-No. 20-43 - (dated 05/07/18 and received 05/09/18) – From Mrs. Sihna N. Lawrence, Secretary, Department of Finance and Administration, submitting the updated Fiscal Year 2018 Revenue Projection and balance of funds.

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.

Speaker Simina: Chairman Panuelo.

Chairman Panuelo: Thank you, Mr. Speaker. Please kindly allow me to introduce a list that I have been given for individuals who are observing our session this morning. First, I would like to introduce Mr. Asterio Takesy who is the President on Government Affairs and the Chairman of the JCRP. Let’s give him a round of applause (applause). Thank you. Also with us – earlier we were talking to our Chief Minister of U Municipal Government, the Honorable Dahker Abraham who is here observing our session. Let’s welcome him (applause). Also, among us, we have some constituents: Dasiano Helgen, a constituent from Sokehs; our representative from the President’s Office, Pelsesar Petrus. Last but not the least, let’s also welcome Cheryl Burkindine with the U.S. Embassy, Rural Development. Let’s give them a collective round of applause (applause). Thank you. I hope I have not missed out anyone. If I do, someone can pick it up and welcome other citizens who are here. Thank you.

Speaker Simina: Thank you, Chairman Panuelo. How can you miss some constituents who are sitting out there? I guess they are our staff so that’s probably okay. We join you in welcoming those who are observing our session this morning. Thank you for joining us. Are there any other points of privilege? If none, let’s continue on.

27 May 14, 2018 CONGRESSIONAL JOURNAL –DAYS 2, 3, AND 4 – 4RS – 20CFSM

ORDER OF THE DAY

STANDING COMMITTEE REPORTS

The Chief Clerk called attention to Awaiting List No. 20-26.

TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH REGULAR SESSION MAY 11, 2018 TO MAY 30, 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. 20-26, 4TH DAY , MONDAY, MAY 14, 2018, AT 10:00 A.M. REPORTS SUBJECT DATE AND TIME SCR No. RE: C.B. No. 20-41, “To create a new Subtitle II of title 24 of 05/14/18 @ 20-57 the Code of the Federated States of Micronesia, as amended, to 10:00 a.m. 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.” – Submitted by: R&D Committee.

Speaker Simina: Short recess.

Speaker Simina declared the Congress recessed at 10:35 a.m., subject to the call of the Chair.

RECESS

The Congress reconvened at 10:36 a.m.

Speaker Simina: Congress comes back to session. Next item.

SPECIAL COMMITTEE REPORTS

Sp. C.R. No. 20-09: By the Hon. Paliknoa K. Welly, Chairman, Committee to Wait on the President.

Speaker Simina: Chairman Welly.

Chairman Welly: Thank you, Mr. Speaker. Good morning to you, Members, and to everyone in the gallery this morning. Your Committee to Wait on the President met with him last Friday afternoon and had lunch with him and his Cabinet in his Conference Room. The President handed us a list of things that he wished that the Congress would take care of this session. First on the list was the budget for FY’19, along with the supplemental budget that is forthcoming. I heard from somewhere that the projected revenue is $3.9. I can only assume that the supplemental forthcoming would be closed to that amount. Also, in the discussion was the Yap Micro Game. The President is not really supportive of it. Maybe the funding should

28 May 14, 2018 CONGRESSIONAL JOURNAL –DAYS 2, 3, AND 4 – 4RS – 20CFSM be given to individual states to take care of the associate cost of traveling to that game. He also made mention that Special Envoy from the People’s Republic of China committed 1,000,000 RMB to the Government. For the discussion with the Special Envoy, he also said that there would be a gym. The government will be building a gym in Kosrae. The reimbursement from the World Bank was discussed. There is hope that the money will be here this week. Whether it is today or Saturday, we don’t know. There was mention that the money will be here this week. Also, in the discussion was a proposal to start the vocational education at PATS. The request for $750,000 is also forthcoming. Those are the things that were in the discussion. The report is included in Special Committee Report No. 20-09 for further review by Members. That is my oral version of that report. Other members can contribute for anything that I left out. Thank you, Mr. Speaker.

Speaker Simina: Thank you, Chairman Welly. I was hoping you can make the motion for adoption then we can continue with discussion.

Chairman Welly: Thank you. I move for the adoption of the said report (Special Committee Report No. 20-09).

Chairman Panuelo: Second.

Speaker Simina: It’s been moved and seconded that Congress adopt Special Committee Report No. 20-09. Are there any further discussions from other members of the Committee to Wait on the President?

Chairman Panuelo: Mr. Speaker.

Speaker Simina: Yes?

Chairman Panuelo: Thank you, Mr. Speaker for giving me time to say a few words on the report. First, I would like to thank the good Chairman and members of the Committee to Wait on the President for the information contained in the report. In order of chronology, I will pick up just a few things for my own information. We thank them for the information shared on the revenue projection. I know we are all also eagerly awaiting the $12 million and we keep being told that it is going to be “next week”. The next week has been months after months. I hope that it is going to be the last next week that we are going talking about. Thank you for that. The second thing is just a comment on the flooding for Pohnpei State, which caused serious mudslides and damaged to many families, public areas and bridges, I made my own call to the new office of Emergency and disaster management. The version they have given me is that assessments have been done and we are waiting for the response from the U.S. on whether this will reach threshold for qualifying for assistance from USAID or FEMA, as it was. Thank you for that information. We would like to get more information with the appropriate committee to get us more updated on the progress of things to assist Pohnpei State with damages caused by the flooding. Mr. Speaker, on the Foreign Investment Bill, I would – as you know, this has been assigned to your Committee on R&D. One major substantive bill has already been circulated and I think it is going to be on the floor tomorrow, which is the Seabed Mining. On this particular foreign investment bill remain pending and it is because when we took it out to the states, they specifically request that we hold on for further comments from the states. We are doing that. Your Committee on R&D stands ready to continue its additional work and be guided by Members and you, Mr. Speaker. Thank you for that. My other comment is going to be on the vocational technical school. Because it is not on the report, what buildings, I think the Chairman has already answered it that they are thinking about PATS. I thank you for that. Lastly, Mr. Speaker, on the approach that Congress will add or support for the Micro Games, you know, Pohnpei has been doing a lot of fundraising as you have been observing for the few months. I thank our Pohnpei Delegation in helping out with the municipalities. I believe their fundraising has reached $40 plus thousands, if I am not mistaken. The communication from the Lieutenant

29 May 14, 2018 CONGRESSIONAL JOURNAL –DAYS 2, 3, AND 4 – 4RS – 20CFSM

Governor who is the Chairman of the fundraising committee, we are kind of hesitating to meet them. They have been asking us to meet them to ask about commitment from Congress. Their proposed budget, other members of Pohnpei Delegation can correct me, the budget is around $300 plus thousand. They have only raised $40 plus thousand which is over the proposed budget. That is substantial with the efforts they have been made. We don’t know what legislature is going to be appropriating the support. What I will ask is, if our Members, among the issues we will be discussing, we can be guided by what Members are thinking. Whether we do it on a state by state to support or we do it as a whole by giving the states what additional funding they would be. I know this will all depend on revenue projection and availability of revenue. So, we will stand ready to wait and see how we can and what our approach will be. I look forward to being guided by you, Mr. Speaker and other Members. I don’t have questions to raise but just comments. I thank the Committee for the information. What is missing in here, I specifically asked the other Members if they could raise it, the China assistance. We have asked the question including our good Chairman of Education, who has been asking why some of the Chinese money has not been transmitted to Congress for adoption. Mr. Speaker, the Special Envoy who was here, I know he met with the Vice Speaker and the Chairman of External Affairs. I was supposed to meet him but my meeting was postponed. During the meeting, he shared that there is $45 million from China that is yet to be earmarked or designated for development. I am just saying this so that we can continue to follow up with the Executive, with the President, specifically with what the money is going to be used for. My information is coming directly from the Embassy, even to the extent of sharing the secondary roads that they will apply the $10 million for Pohnpei State; and the news that China will be helping in cash, $1 million to be donated into our FSM Trust Fund. Those are the only comments that I would like to make and thank the Chairman for the good report. Thank you, Mr. Speaker.

Speaker Simina: Thank you, Chairman Panuelo for your comments and input. Anything further for the other members of Committee to Wait on the President?

Chairman Perman: Mr. Speaker.

Speaker Simina: Chairman Perman.

Chairman Perman: Good morning, Mr. Speaker, Vice Speaker, Members and to all who are observing our session this morning. I just want to add on that I was part of that Committee to Wait on the President, the only thing that the President is more emphasized on was fund for traveling. I guess all the others can wait. I just want to share this to all Members.

Speaker Simina: Thank you, Chairman Perman. That is a very keen observation, and it is important, too.

Chairman Urusemal: Mr. Speaker.

Speaker Simina: Chairman Urusemal.

Chairman Urusemal: Thank you very much, Mr. Speaker. Yes, the fund for travel is not for FY’19 but in reference to supplemental request that may be coming. The President emphasized the need for supplementing travel, especially for that office of the President, as he is not happy borrowing money from other entities from Executive Branch. On a small note, I noticed that the staff have changed the Chairman of the Committee to Wait on the President and Chairman of the External Affairs to Paliknoa K. Chairman. He is no longer Paliknoa K. Welly. He is Paliknoa K. Chairman now. Also, in the discussion, which was a little bit alluded by the good Chairman of the Committee to Wait is relating to the ships, the needs for the ships. I was very encouraged by the statement by the President that FSM needs at least three working

30 May 14, 2018 CONGRESSIONAL JOURNAL –DAYS 2, 3, AND 4 – 4RS – 20CFSM vessels. He briefed the Committee as indicated in the report about the work done on H1. And also, discussion on the need of our two vessels to accommodate teachers, student runs in all four States, especially the state of Pohnpei, Chuuk, and Yap. There are scheduled teacher trainings for Yap, for teachers that will be taking COM-FSM courses. Their programs are supposed to start on the first of June. So, there is an urgent need to accommodate that. I am very happy. I have been informally informed that they are trying and working hard to accommodate that with one of our vessels. The Voyager, as was indicated by the Secretary of TC&I should be here around the 24th or 25th of this month. So that would immediately put to good use. On the issue of the vocational education, I really hope that the Executive Branch and COM-FSM are talking to each other in addressing the issue. I am kind of aware that the College of Micronesia-FSM is working on getting the Pohnpei Campus to dedication mostly to vocational education. I am not sure if the President was talking about vocation education like PATS, meaning high school or vocational education for college levels. I would like to highlight – in our upcoming meeting with the college, we will raise this issue. Thank you very much, Mr. Speaker.

Speaker Simina: Thank you, Chairman Urusemal for your comments and input.

Chairman Perman: Question.

Speaker Simina: Before we do that, Chairman Gouland, do you have anything to add to your report?

Chairman Gouland: Thank you, Mr. Speaker. Alluded to my good Chairman on the Committee to Wait on the President, there is one concern that the President also need for Congress to act on: the nomination of the agencies. Thank you, Mr. Speaker.

Speaker Simina: Thank you. That is important. We need to have our vacancies on those course, commissions and I understand the Associate Justice’s ship is also pending. We need those taken care of. Question has been called for. If there is no objection, discussion is closed. Let’s vote. All those in favor of the adoption of Special Committee Report No. 20-09 say ‘aye’ – opposed say ‘nay’. The motion is carried. The report, Special Committee Report No. 20-09, is adopted by Congress.

Chairman Panuelo: Mr. Speaker, point of privilege.

Speaker Simina: State your point, Chairman Panuelo.

Chairman Panuelo: Thank you, Mr. Speaker. There is another individual who just walked in and I have been given a note. He is a constituent of Senator Perman and also mine, because as you know, he covers election district and I cover at-large. The person here that I would like for us to recognize is Mr. Edsin Pernes. He is a current candidate for the vacant seat in the Sokehs Municipal Council. One of the Councilman was passed, I am not sure if you know John Kulak who passed a couple of months ago, if not sooner and that made the seat vacant. This person here is a diligent individual and he is working very hard to gain people’s favor in voting him into the Sokehs Council seat. Let’s give him a round of recognition and welcome him to the Chamber (applause). Thank you, Mr. Speaker.

Speaker Simina: Thank you, Chairman Panuelo. We welcome that candidate and we wish him luck in his campaign. Are there any other points of privilege?

Chairman Gouland: Mr. Speaker.

Speaker Simina: Yes, Chairman Gouland.

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Chairman Gouland: Thank you, Mr. Speaker. I rise on a point of privilege to recognize these people, I don’t know if they are Floor Leader’s or my constituents. But they are residing on my island of Weno, Chuuk. Here are the names: Mr. Lesley Cheita, Mr. Ande Joseph, and Mr. ArtRay S. Irons. Let’s give them a round of applause (applause).

Speaker Simina: Those are my constituents. Thank you for that.

Chairman Perman: I think they are mine. They are from Sokehs.

Speaker Simina: Well, we can argue over them. Thank you, Chairman Gouland for the introduction. Are there any other points of privilege? If none, next item.

ASSIGNMENT OF MEASURES AND COMMUNICATIONS

The Chief Clerk called attention to Referral Sheet No. 20-58.

TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH REGULAR SESSION May 11, 2018 to May 30, 2018

COMMITTEE REFERRAL

REFERRAL SHEET NO. 20-58, DAY 04, MONDAY, 05/14/18, AT 10:00 A.M.

C.B. NO. SUBJECT COMMITTEE 20-181 To further amend section 9 of Public Law No. 20-42, as amended W&M by Public Laws Nos. 20-54, 20-64, and 20-67, to change the use of certain funds previously appropriated for the fiscal year ending September 30, 2018, and other purposes. 20-182 To appropriate $88,874,877 from the General Fund of the W&M Federated States of Micronesia for the fiscal year ending September 30,2019, to provide funding for the operations of all branches of the National Government of the Federated States of Micronesia, its agencies, various programs, grants, subsidies and contributions and Capital and Human Resources Development, and other purposes. C.R. NO. SUBJECT COMMITTEE 20-86 To confirm the nomination of Ms. Teresa M. Filepin to serve as EX.AFF. the FSM Consul General in Guam, U.S.A. 20-87 Approving and adopting the Protected Areas Network National R&D Guiding Policy Framework for the National Government of the Federated States of Micronesia. 20-88 Approving and accepting a grant in the amount of $386,105 from H&SA the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, to provide funding for the FSM program entitled: “Improving Health of the People of the FSM through Program Leadership and Management, Surveillance and Epidemiology, Health System,” including all the terms and conditions of the assistance.

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PRESIDENTIAL SUBJECT COMMITTEE COMM. NO. 20-198 (dated 02/15/18 and received 02/19/18) – Designating INFO. Congressional Act No. 20-72, as Public Law No. 20-72: “To further amend title 52 of the Code of the Federated States of Micronesia (Annotated), as amended, by amending sections 401 to 409, to realign the name of the plan, through clarify the roles of the administrator, and to expand the eligibility requirements, and for other purposes.” 20-228 (dated 02/23/18 and received 02/26/18) – Designating INFO. Congressional Act No. 20-73, as Public Law No. 20-73: “To further amend title 24 of the Code of the Federated States of Micronesia (Annotated), as amended, by amending section 920 thereof, to allow for proper implementation of NORMA Administrative Penalties, and for other purposes.” 20-200 (dated 02/23/18 and received 02/26/18) – Encouraging the FSM EX.AFF. Congress to act on C.R. No. 20-62, in order to ratify the mutual visa waiver agreement, which was signed on September 21, 2017, between the FSM and the Russian Federation. 20-201 (dated 03/02/18 & received 03/05/18) – Designating INFO. Congressional Act No. 20-82, as Public Law No. 20-74: “To amend section 9 of Public Law No. 19-118, as amended by Public Laws Nos. 19-125, 19-131, 19-135, 19-146, 19-160, 20-01, 20- 14 and 20-23, in order to change the use of funds for a particular line item, and for other purposes.” 20-202 (dated and received 03/12/18) – Designating Congressional Act INFO. No. 20-75, as Public Law No. 20-75: “To further amend Public Law No. 20-60, as amended by Public Law No. 20-65 by amending sections 3, 4 and 6 thereof, to change the use and allottee of funds previously appropriated therein, to fund public projects and social programs in the states of Kosrae and Pohnpei, and for other purposes.” 20-203 (dated and received 03/12/18) – Designating Congressional Act INFO. No. 20-74, as Public Law No. 20-76: “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 sections 3 and 5 thereof, to change the use of funds previously appropriated therein, for the purpose of funding public projects and social programs in the states of Kosrae and Chuuk, and for other purposes.” 20-204 (dated and received 03/16/18) – Designating Congressional Act INFO. No. 20-80, as Public Law No. 20-77: “To amend Public Law No. 20-31, as amended by Public Law No. 20-41, by amending section 5 thereof, to change the use of funds previously appropriated therein, to fund public projects and social programs for the people of Chuuk State, and for other purposes.” 20-205 (dated and received 03/16/18) – Designating Congressional Act INFO. No. 20-81, as Public Law No. 20-78: “To amend Public Law No. 20-68, by amending section 2 thereof, to change the use of funds previously appropriated therein, to fund public projects and social programs in the state of Kosrae, and for other purposes.”

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20-206 (dated and received 03/16/18) – Designating Congressional Act INFO. No. 20-76 as Public Law No. 20-79: “To further amend Public Law No. 19-32, as amended by Public Laws Nos. 19-45, 19-61, 19-83, 19-95 and 19-122, by amending sections 1 and 9 thereof, to deappropriate an amount of $800,000 from the Capital and Human Resources Development for the state of Kosrae infrastructure priority infrastructure priority projects funding, and for other purposes.” 20-207 (dated and received 03/16/18) – Designating Congressional Act INFO. No. 20-79 as Public Law No. 20-80: “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 sections 2 and 5 thereof, to change the use of funds previously appropriated therein to fund public projects and social programs for the people of the states of Yap and Chuuk, and for other purposes.” 20-208 (dated and received 03/16/18) – Designating Congressional Act INFO. No. 20-78 as Public Law No. 20-81: “To further amend Public Law No. 18-70, as amended by Public Laws Nos. 18-98, 18-112, 18-122, 19-07, 19-24, 19-41, 19-52, 19-73, 19-82, 19-101, 19- 114, 19-139, 20-07, 20-16, and 20-36, by amending section 5 thereof, to change the use of certain funds previously appropriated therein, for the purpose of funding public projects and social programs for the people of Chuuk State, and for other purposes.” 20-209 (dated and received 03/16/18) – Designating Congressional Act INFO. No. 20-77 as Public Law No. 20-82: “ To further amend Public Law No. 19-54, as amended by Public Laws Nos. 19-62, 19-75, 19-79, 19-99, 19-119, 19-129, 19-136, 19-144, 19-173, 20-04 and 20-56, by amending section 5 thereof, to change the use of funds previously appropriated therein, to fund public projects and social programs in the state of Chuuk, and for other purposes.” 20-210 (dated 02/15/18 and received 03/26/18) – Transmitted the EX.AFF. nomination of Ms. Teresa M. Filepin to serve as the FSM Consul General in Guam. 20-211 (dated and received 04/01/18) – Submitted the FY2019 proposed ALL budget for the National Government. RELEVANT COMMITTEES 20-212 (dated 04/09/18 and received 04/12/18) – Presented the Dolap INFO. Communique, the outcome of the 18th Micronesian Presidents’ Summit, which was concluded on 02/27/18 in Majuro, for information and reference. 20-213 (dated 04/16/18 and received 04/17/18) – Transmitted a R&D resolution adopting the Protected Areas Network National Guiding Framework (‘PAN Policy Framework”), which is to establish a transparent, fair and efficient system governing the designation of a nationwide protected areas network by creating the suitable procedures, criteria and mechanisms for their establishment. 20-214 (dated and received 05/07/18) – Transmitting a bill to amend the W&M use of $40,000 from Hosting of Global Environment Facil.

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Constituency Meetings to funding the Green Climate Fund Regional Dialogue. 20-215 (dated and received 05/07/18) – Transmitting a resolution H&SA accepting $386,105 grant from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention to fund the FSM Program on Improving Health of the people of the FSM through Program Leadership and Management, Surveillance and Epidemiology, Health System. FSM SUPREME SUBJECT COMMITTEE COURT COMM. NO. 20-10 (dated and received 02/21/18) – From the Hon. Dennis K. INFO. 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. K8-2015. 20-11 (dated and received 03/16/18) – From the Hon. Dennis K. INFO. Yamase, Chief Justice of the FSM Supreme Court, informing that he had designated the Hon. Camillo Noket, Chief Justice of the Chuuk State Supreme Court to serve as a Temporary Justice of the FSM Supreme Court in Appeal Case No. K6-2016. 20-12 (dated and received 04/30/18) – From the Hon. Dennis K. INFO. Yamase, Chief Justice of the FSM Supreme Court, informing Congerss 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. K9-2015. MEMBER SUBJECT COMMITTEE COMM. NO. 20-19 (dated and received 04/20/18) – From the Hon. Esmond B. Moses, INFO. Vice Speaker, 20th CFSM, sharing the highlights of his trip, on which he travelled with H.E. President Peter M. Christian, to the swearing in ceremony of the new FSM Consul General in Portland, Oregon in early April 2018. 20-20 (dated and received 03/04/18) – From the Hon. Joseph J. W&M/INFO. Urusemal, Chairman of the Yap Congressional Delegation, submitting the Delegation Office’s seven months Budget Report for fiscal year 2018 in the categories of Travel, Consumable Goods, Contractual Services and Fixed Assets. 20-21 (dated and received 05/10/18) – From Chairman Paliknoa K. INFO. Welly of the Committee on External Affairs, submitting a trip report summarizing the outcome of the 49th ACP-EU Joint Parliamentary Assembly meeting in Brussels, Belgium on March 18-22, 2018. 20-22 (dated and received 05/10/18) – From Chairman Paliknoa K. INFO. Welly of the Committee on External Affairs, submitting a brief report on his meeting with the Hon. Robert Ruecho, FSM Consul General in Guam, on the nomination of Ms. Teresa M. Filepin, President’s new nominee to serve as the FSM Consul General in Guam.

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DEPARTMEN SUBJECT COMMITTEE TAL COMM. NO. 20-37 (dated 03/06/18 and received 03/07/18) – From the Hon. Lorin S. INFO. Robert, Secretary, FSM Department of Foreign Affairs, presenting compliments and forwarding a Diplomatic Note No. 012/2018 from the Embassy of the People’s Republic of China in the FSM, conveying an invitation by Chinese People’s Political Consultative Conference to visit China in April 2018. 20-38 (dated 02/28/18 and received 03/07/18) – From Mrs. Sihna N. SPECIAL COMMITTEE ON Lawrence, Secretary, Department of Finance & Administration, CLIMATE CHANGE sending a hard copy of FSM’s Country Program for the Green AND ENVIRONMENTAL Climate Fund. ISSUES (SCOCC&EI) 20-39 (dated 03/13/18 and received 03/14/18) – From the Hon. Lorin S. INFO. Robert, Secretary, FSM Department of Foreign Affairs, presenting Compliments and forwarding a Diplomatic Note No. 18-0062 from the U.S., conveying an invitation for a brief tour on the subject Vessel in Ulithi, Yap State on Tuesday, March 20, 2018. 20-40 (dated 04/23/18 and received 04/24/18) – From Mrs. Magadalena INFO. A. Walter, Secretary, FSM Health & Social Affairs, informing of a FSM BH&WP and SPF-PFS Advisory Council Meeting in Chuuk, from April 30 to May 04, 2018, and inviting Mr. Rayel to attend. 20-41 (dated and received 04/26/18) – From Mr. Kalwin L. Kephas, INFO. Secretary, FSM Department of Education, informing of the upcoming National Close-Up Program student’s visit to Congress during session on May 15, 2018 at 10:00 a.m. AGENCY OR GOVERNMENTA SUBJECT COMMITTEE L AUTHORITY COMM. NO. 20-34 (dated and received 02/21/18) – From Mr. Eugene Pangelinan, INFO. Executive Director, NORMA, informing Congress that the 37th Annual took place in Nauru from March 5 to 16, 2018. 20-35 (dated 03/07/18 and received 03/09/18) – From Dr. Joseph Daisy, INFO. EdD, President & CEO, College of Micronesia-FSM, informing Congress that the COM-FSM started its celebration of the 25th Anniversary during the first week of April. 20-36 (dated 04/16/18 and received 04/19/18) – From Mr. Eugene R&D/ INFO. Pangelinan, Executive Director, NORMA, informing of two upcoming meetings, namely FFC 106 and the 15th Infofish World Tuna Trade Conference & Exhibition respectively on May 7-11 2018 in Rarotonga, Cook Islands and in Thailand from May 28- 30, 2018. 20-37 (dated 04/18/18 and received 04/30/18) – From Mr. Nakama R&D/INFO. Sana, Banking Commissioner, attaching the consolidated statement of assets and liabilities of the FSM Commercial Banking System for the quarter ended 31 December 2017. 20-38 (dated and received 03/26/18) – From Mr. Augustine C. Kohler, INFO. National Historic Preservation Officer, requesting the Congress

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archivist to participate in the Institute of Museum and Library Services Conference in Honolulu, 7-9 May 2018. 20-39 (dated 05/04/18 and received 05/08/18) – From Mrs. Anna R&D/ INFO. Mendiola, President/CEO, FSM Development Bank, submitting the annual report of the Bank for the year, which ended December 31, 2017. 20-40 (dated 05/07/18 and received 05/09/18) – From Mr. Alexander R&D/ INFO. Narruhn, Chairman, FSM Banking Board, and Mr. Nakama Sana, Banking Commissioner, transmitting the Banking Board’s 2017 Annual Report. 20-41 (dated and received 05/09/18) – From Mr. Eugene Pangelinan, R&D/ INFO. Executive Director, NORMA, Informing and providing a copy of the Emergency Regulations on Administrative Penalty, which took effect on May 8, 2018. STATE SUBJECT COMMITTEE COMM. NO. 20-15 (dated and received 02/20/18) – From the Hon. Lyndon H. W&M Jackson, Governor, Kosrae State, soliciting support to fund the participation of the 112 athletes from the state of Kosrae at the Micronesia Games in Yap, in July. 20-16 (dated 03/12/18 and received 03/14/18) – From Ms. Dee N. H&SA Libian, Chief Clerk, 9th Yap State Legislature, transmitting a certified copy of Yap State Reoslution No. 9-59, which was adopted by the 9th Legislature: “Respectfully and urgently requesting the FSM Insurance to operate within the FSM and provide more choices of health insurance coverage in the State of Yap. 20-17 (dated 03/07/18 and received 03/26/18) – From Songkinita S. T&C Bossy, Chief Clerk, Senate, 14th Chuuk State Legislature, transmitted a certified copy of Senate Joint Resolution No. 14-18- SJR-07, which was passed by the 14th Chuuk State Legislature, 3rd special session, February, 2018: “Requesting His Excellency Peter M. Christian, President of the Federated States of Micronesia and the FSM Congress to support the recommendation by Mr. Tetsuo Suzuki, for Air Niugini to designate the state of Chuuk as its transit point between Port Moresby and Narita.” 20-18 (dated 04/30/18 and received 05/07/18) – From Mr. Charles D. SPECIAL Johnson, Legislative Clerk, 9th Pohnpei Legislature, transmitting COMMITTEE certified copies of Resolutions Nos. 58-18,LD1 and 59-18, LD2, ON CLIMATE adopted on April 16,2018: “Conveying the deepest sympathy and CHANGE AND earnest condolences of the Ninth Pohnpei Legislature for the ENVIRONMEN passing of one of FSM’s Great leaders, former President, the late TAL ISSUES Honorable Leo A. Falcam”; “Urgently requesting the President of (SCOCC&EI) the Federated States of Micronesia and the FSM Congress to take swift action to assist the state of Pohnpei and our people in overcoming the Horrendous damages and destruction in this State caused by the heavy rains and disastrous flooding of March 16 and 17, 2018.

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MUNICIPAL SUBJECT COMMITTEE OR TOWN COMM. NO. 20-03 (dated 04/03/18 and received 04/04/18) – From Mr. Jose San INFO. Nicolas, Mayor, Kolonia Town, inviting Speaker and Members of Congress to the grand opening of the Kolonia-China Friendship Multipurpose Gymnasium, which had taken place on April 13, 218 at 3:00 p.m. FOREIGN SUBJECT COMMITTEE GOVN’T COMM. NO. 20-32 (dated and received 02/20/18) – From the Embassy of the INFO. People’s Republic of China, presenting its compliments and passing on an invitation from the Chinese People’s Political Consultative Conference to the Hon. Speaker Wesley W. Simina of the 20th FSM Congress, to lead a delegation to visit China, which took place on 23-27, April 2018. 20-33 (dated 03/01/18 and received 03/05/18) – From From Madame INFO. Gabriela Cuevas Barron, President, IPU, responding and thanking Speaker for an opportunity to work with the Congress delegation to IPU and for opportunities to exchange views on how to advance IPU’s goals in the Asia-Pacific region. 20-34 (dated 02/28/18 and received 03/09/18) – From From the Hon. INFO. Duarte Pacheco, Head of the Portu Portuguese delegation to the 138th IPU Assembly, enclosing a draft amendment to the IPU s statutes submitted by the Portuguese elegadelegation, regarding the sub-amendment to furth further add Portuguese as a working language, durin during IPU general meetings. 20-35 (dated 03/07/18 and received 03/14/18) – From From Madame INFO. Gabriela Cuevas Barron, President, IPU, writing regarding draft amendments, which she submitted last December (2017) which basically cover five issues which should be subjected to a thorough evaluation:(1) Matters related to the legal commitments of the IPU and their approval procedure, (2) Responsibilities and prerogatives of the Presidency, (3) Communication, transparency and accountability, (4) The Triennial Strategy and (5) Official languages. 20-36 (dated 01/10/18 and received 03/08/18) – From From the 138th INFO. IPU Secretariat regarding the ame amendments to the IPU Statutes and Rules, which will be considered by the Governing Bodies. 20-37 (dated 05/04/18 and received 05/07/18) – From From Mr. Martin INFO. Chungong, Secretary General, IPU, IPU, informing Congress that the 71st World Health Assembly (WHA) will take place in Geneva from 21 to 26 May 2018. 20-38 (dated and received 05/07/18) - From the Embassy of the People’s INFO. Republic of China, presenting its compliments and informing that H.E. Du Qiwen, China’ Special Envoy for the China-Pacific Islands Forum Dialogue, request to meet with the Hon. Speaker Simina, among other meetings.

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20-39 (dated 05/03/18 and received 05/08/18) – From Ec. Elizabeth INFO. Cabezas G., President, National Assembly of Equador, writing in regard to the serious situation the Ecuadorian State is facing-the criminal attacks that have been perpetrated by felon transnational groups on the border between Ecuador and Colombia and appealing to the international community to join and make an official pronouncement condemning these acts of violation to the human rights and all acts of violence that disturb the peace and security of the state, the region and the global system. 20-40 (dated 05/07/18 and received 05/08/18) – From President INFO. Gabriela Cuevas Barron, and Secretary Martin Chungong, of the IPU, enclosing a copy of the draft Resolution and the 2 2018 Report of the United Nations Secretary Gen General on the ‘Interaction between the United Nations, national parliaments and the Inter-Parliamentary Union. MIS. SUBJECT COMMITTEE COMM. NO. 20-14 (dated 03/21/18 and received 04/10/18) – From Ms. Jessicalynn INFO. Reyes, Assistant Chief Clerk, submitting a report on her participation at the public hearings by the J&GO Committee in Kosrae and Chuuk States, during the period of February 25 to March 02, 2018. 20-15 (dated and received 04/04/18) – From a group of staff namely, INFO. Aldeha Edward, Paul Womack, Shallane Susumu, Rosalihna Donre, and Jeanda Redy, submitting their report on a trip to Portland, on their course: “Exceptional Writing & Goof-Proof Grammar”, which took place on 26-27 March 2018. 20-16 (dated 04/12/18 and received 04/30/18) – From Mr. Marcellus J. INFO. Akapito, Executive Director, Chuuk Conservation Society, reiterating sincere gratitude for the funding support provided to CCS (PL. No. 20-42) and providing an update regarding CCS’s expenditure of the funds.

Speaker Simina: Chairmen and members, take a look at the Referral Sheet for your planning purposes. Next item.

UNFINISHED BUSINESS

C.R. No. 20-70: Approving and accepting a grant in the amount of $68,000 from the Chinese Taipei WCPFC Trust Fund, to fund the FSM’s Monitoring and Assessment of By- Catch Program within the Purse Seine Fishery, including all the terms and conditions of the assistance. – FOR ADOPTION.

Panuelo’s amendment deferred 02/17/18 to next/this Session.

Speaker Simina: Chairman Panuelo.

Chairman Panuelo: Mr. Speaker, I know that is from the last session, but I am more focused on this session. Can the Chief Clerk remind us specifically while I am looking for my copy of the resolution?

39 May 14, 2018 CONGRESSIONAL JOURNAL –DAYS 2, 3, AND 4 – 4RS – 20CFSM

Chief Clerk read the title of the resolution (C.R. No. 20-70).

Speaker Simina: Let’s have a short recess.

Speaker Simina declared the Congress recessed at 10:56 a.m., subject to the call of the Chair.

RECESS

The Congress reconvened at 1:06 a.m.

Speaker Simina: Congress comes back to session. Chairman Panuelo.

Chairman Panuelo: Mr. Speaker, I move for the floor amendment to C.R. No. 20-70.

Chairman Perman: Second.

Speaker Simina: Can you make the motion for the adoption of the resolution (C.R. No. 20-70)?

Chairman Panuelo: I so move, Mr. Speaker.

Chairman Perman: Second.

Speaker Simina: It has been moved and seconded that Congress adopt C.R. No. 20-70. Discussions?

Chairman Figir: Mr. Speaker.

Speaker Simina: Chairman Figir.

Chairman Figir: I move that the resolution (C.R. No. 20-70) be deferred.

Senator Konman: Second.

Speaker Simina: It has been moved and seconded that the resolution (C.R. No. 20-70) be deferred. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. The resolution (C.R. No. 20-70) is deferred indefinitely. Next item.

Chief Clerk: There are none, Mr. Speaker.

Speaker Simina: Next item.

BILL CALENDAR

None

RESOLUTION CALENDAR

None

40 May 14, 2018 CONGRESSIONAL JOURNAL –DAYS 2, 3, AND 4 – 4RS – 20CFSM

Speaker Simina: Short recess.

Speaker Simina declared the Congress recessed at 11:07 a.m., subject to the call of the Chair.

RECESS

The Congress reconvened at 11:08 a.m.

Speaker Simina: Congress comes back to session. Next item.

INTRODUCTION OF BILLS

C.B. No. 20-181: Introduced by: Senator Urusemal Assigned to: W&M Date introduced: May 12, 2018

To further amend section 9 of Public Law No. 20-42, as amended by Public Laws Nos. 20-54, 20-64, and 20-67, to change the use of certain funds previously appropriated for the fiscal year ending September 30, 2018, and other purposes.

C.B. No. 20-182: Introduced by: Senator Urusemal Assigned to: W&M Date introduced: May 12, 2018

To appropriate $88,874,877 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30,2019, to provide funding for the operations of all branches of the National Government of the Federated States of Micronesia, its agencies, various programs, grants, subsidies and contributions and Capital and Human Resources Development, and other purposes.

C.B. No. 20-183: Introduced by: Senator Perman Assigned to: R&D Date introduced: May 14, 2018

To amend title 25 of the Code of the Federated States of Micronesia (Annotated), as amended by adding a new section 309, to provide for the banning of the importation of Styrofoam and plastic cups, plates and individual food containers, and plastic shopping bags, and for other purposes.

C.B. No. 20-184: Introduced by: Senator Welly Assigned to: W&M Date introduced: May 14, 2018

To appropriate the sum of $800,000, or so much thereof as may be necessary, from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, previously appropriated to fund priority infrastructure projects for the state of Kosrae, to fund public projects and social programs in the state of Kosrae, and for other purposes.

41 May 14, 2018 CONGRESSIONAL JOURNAL –DAYS 2, 3, AND 4 – 4RS – 20CFSM

C.B. No. 20-185: Introduced by: Senator Aritos Assigned to: W&M Date introduced: May 14, 2018

To further amend Public Law No. 20-68, as amended by Public Law No. 20-78, by amending sections 3 and 5 therein, for the purpose of changing the use and allottee of funds previously appropriated thereof, to fund public projects and social programs in the states of Pohnpei and Chuuk, and for other purposes.

C.B. No. 20-186: Introduced by: Senator Figir Assigned to: W&M Date introduced: May 14, 2028

To amend sections 1,3,8 and 12 of Public Law No. 20-42, as amended by Public Laws Nos. 20-54, 20-64 and 20-67, in order to appropriate $820,000 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. 20-187: Introduced by: Senator Welly Assigned to: W&M Date introduced: May 14, 2018

To further amend Public Law No. 20-53, as amended by Public Laws Nos. 20-57, 20-61 and 20-69, by amending sections 2 and 5 thereof, to change the use and allottee of funds previously appropriated therein, for the purpose of funding priority infrastructure projects and other projects and programs in the state of Kosrae, and for other purposes.

INTRODUCTION OF RESOLUTIONS

C.R. No. 20-87: Introduced by: Acting Floor Leader Urusemal (By request) Assigned to: R&D Date introduced: May 12, 2018

Approving and adopting the Protected Areas Network National Guiding Policy Framework for the National Government of the Federated States of Micronesia.

C.R. No. 20-88: Introduced by: Acting Floor Leader Urusemal (By request) Assigned to: H&SA Date introduced: May 12, 2018

Approving and accepting a grant in the amount of $386,105 from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, to provide funding for the FSM program entitled: “Improving Health of the People of the FSM through Program Leadership and Management, Surveillance and Epidemiology, Health System,” including all the terms and conditions of the assistance.

42 May 14, 2018 CONGRESSIONAL JOURNAL –DAYS 2, 3, AND 4 – 4RS – 20CFSM

C.R. No. 20-89: Introduced by: Speaker Simina Assigned to: None Date introduced: May 14, 2018

Expressing the sincere condolences and sadness to the family of the late Honorable Helbert Dereas at his passing on April 19, 2018.

C.R. No. 20-90: Introduced by: Senator Perman Assigned to: H&SA Date introduced: May 14, 2018

Calling upon the state governments of each of the four states of the Federated States of Micronesia to take whatever actions are necessary to allow for a referendum to be held in each state during the next state-level election cycle, on a proposal which would individually enshrine the “right to water” within the Constitution of each state and expressing the intent of the FSM Congress to support the state governments in their efforts to improve access to safe, clean water for all citizens.

C.R. No. 20-91: Introduced by: Acting Floor Leader Urusemal (By request) Assigned to: EX.AFF Date introduced: May14, 2018

Approving and accepting a non-project grant aid from the Government of Japan in the amount of $350,000,000 Japanese Yen to the Government of the Federated States of Micronesia, for economic and social programs, including all the terms and conditions of the assistance.

MISCELLANEOUS COMMUNICATIONS

None

MISCELLANEOUS BUSINESS

Speaker Simina: Do you have any miscellaneous business? If none, Announcements.

ANNOUNCEMENTS

Speaker Simina: Chairman Welly.

Chairman Welly: Thank you, Mr. Speaker. Just a reminder that your Committee on External Affairs will have an oversight hearing with the Department tomorrow, at noon, in the Hearing Room.

Speaker Simina: Take note, External Affairs. Committee. Chairman Figir.

Chairman Figir: Thank you, Mr. Speaker. I just want to tell members of your Committee on Ways and Means and other members who may be interested to continue checking the bulletin board for public hearings. I am sure there will be one on Wednesday under your Committee’s slot. It is going to be on the FY’19 Budget.

43 May 14, 2018 CONGRESSIONAL JOURNAL –DAYS 2, 3, AND 4 – 4RS – 20CFSM

Speaker Simina: Thank you very much, Chairman Figir for the announcement. Take note, members. Chairman Alik.

Chairman Alik: Thank you, Mr. Speaker. No announcements.

Speaker Simina: Chairman Perman.

Chairman Perman: Thank you, Mr. Speaker. Your Committee on Health and Social Affairs has a hearing today at 1:30 p.m. It is all about grants, five grants. Thank you, Mr. Speaker.

Speaker Simina: You are the richest committee. You always have grants. Thank you, Chairman Perman. Chairman Panuelo.

Chairman Panuelo: Mr. Speaker, no announcements. Thank you.

Speaker Simina: Chairman Gouland.

Chairman Gouland: Thank you, Mr. Speaker. We are supposed to have a hearing tomorrow, but because of the request from our good Chairman on Ways and Means, our hearing is cancelled to next week, Tuesday. Thank you, Mr. Speaker.

Speaker Simina: Thank you very much, Chairman Gouland. Chairman Urusemal.

Chairman Urusemal: Thank you, Mr. Speaker. Your Committee on Education was scheduled to have an oversight hearing this afternoon has been postponed to tomorrow at 2:14 p.m. at the usual place. It will be an oversight hearing with the COM-FSM. If you are interested in knowing about the proposed vocational education, you can be part of the hearing. Thank you.

Speaker Simina: Thank you, Chairman Urusemal. Take note, members of Education Committee. You have an oversight tomorrow.

Chairman Perman: What time is it?

Speaker Simina: 2:14 p.m.

Chairman Perman: May I ask why it is at 2:14 p.m.?

Speaker Simina: You can ask him outside.

Chairman Urusemal: Okay. 2:15 p.m.

Speaker Simina: All right. Chairman of J&GO, unfortunately he is still out there, somewhere in the outer islands. Vice Chairman Alik. Are you still Vice Chairman of J&GO?

Chairman Alik: Senator Neth.

Speaker Simina: Vice Chairman Neth, I don’t think he is coming in this week. He is stuck. His motorboat is down.

44 May 14, 2018 CONGRESSIONAL JOURNAL –DAYS 2, 3, AND 4 – 4RS – 20CFSM

Senator Neth: Thank you, Mr. Speaker. I have not given any instruction from him. I will check what needs to be done and I will take it without his instruction.

Speaker Simina: Well, you are hereby instructed to work with your staff to figure out what you can do. Thank you very much. Vice Speaker Moses? Senator Neth? Senator Konman? If there is no further business of this Congress, Acting Floor Leader.

Acting Floor Leader Urusemal: Short recess, Mr. Speaker.

Speaker Simina declared the Congress recessed at 11:13 a.m., subject to the call of the Chair.

RECESS

The Congress reconvened at 1:14 a.m.

Speaker Simina: Congress comes back to session. Acting Floor Leader.

Acting Floor Leader Urusemal: Thank you, Mr. Speaker. There is a short announcement on the internal meeting among us right after this session. Now, I move 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 a.m., in the morning. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. Congress now stands in recess until tomorrow at 10:00 a.m., in the morning.

Speaker Simina declared that the Congress stand in recess at 11:15 a.m., Monday, May 14, 2018, until tomorrow, Tuesday, May 15, 2018, at 10:00 a.m.

45

CONGRESSIONAL JOURNAL TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH REGULAR SESSION

DAY FIVE Tuesday, May 15, 2018

The Fifth Day of the Fourth Regular Session of the Twentieth Congress of the Federated States of Micronesia was called to order at 10:18 a.m., Tuesday, May 15 2018.

Speaker Wesley W. Simina presided.

A moment of silent prayer was observed.

The Chief Clerk called the roll. Thirteen Members were present; Chairman Romolow was excused.

Speaker Simina: Before we go to Reading of the Journal, I would like to welcome Senator Aritos and Floor Leader Harper to our session. Floor Leader.

Floor Leader Harper: Mr. Speaker, before I do I usual motion, I would like to say my greeting of the day to you, all honorable Members, staffs, and all who are observing our session this morning, especially our Close-Up students who are taking their time to observe our session this morning.

Floor Leader Harper moved to dispense with the reading of the Journal; Chairman Urusemal seconded, and the motion carried by voice vote.

PRESIDENTIAL COMMUNICATIONS

-No. 20-226 - (dated 05/08/18 and received 05/14/18) – Transmitting the nomination of Mr. Nena C. Ned to serve as Kosrae’s representative in the FSM Social Security Board of Directors.

-No. 20-227 - (dated and received 05/14/18) – Informing Congress that an invitation has been extended for a group of investors from Singapore to visit the FSM to explore foreign investment opportunities; and that a dinner is hosted in their honour at the Cliff Rainbow Hotel at 6:00 pm and members of Congress are also invited.

-No. 20-228 - (dated and received 05/15/18) – Transmitting the FY 2018 Supplemental Budget, and a spreadsheet showing its breakdown.

Speaker Simina: Assign those Communications, Chief Clerk. Next item.

FSM SUPREME COURT COMMUNICATIONS

None

MEMBER COMMUNICATIONS

None

46 May 15, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4RS – 20CFSM

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

None

Chairman Urusemal: Short recess, Mr. Speaker.

Speaker Simina declared the Congress recessed at 10:22 a.m., subject to the call of the Chair.

RECESS

The Congress reconvened at 10:25 a.m.

Speaker Simina: Congress comes back to session. Chairman Urusemal, you have the floor.

Chairman Urusemal: Thank you very much, Mr. Speaker. As your Chairman on the Committee of Education, I am honored and privileged to introduce for recognition group of young people from this Nation who are observing our session this morning. These are high school students participating in our National Close Up Program in 2018. I would like to advance an apology to any of them if I mispronounce their names. As I stated, beginning with the state of Chuuk, I am happy to introduce –

Speaker Simina: Short recess.

Speaker Simina declared the Congress recessed at 10:27 a.m., subject to the call of the Chair.

RECESS

The Congress reconvened at 10:28 a.m.

Speaker Simina: Congress comes back to session. Chairman Urusemal.

47 May 15, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4RS – 20CFSM

Chairman Urusemal: Thank you very much, Mr. Speaker. I am happy to introduce:

Name School State Inen Erpet Faichuuk High School Chuuk State Merrymik Robert SNHS-Sapore Fefen Chuuk State Julia Kannys Saramen Chuuk Academy Chuuk State Iverson Aliven Saramen Chuuk Academy Chuuk State Martina Stephen SNHS-Tonoas Chuuk State John Jr. Tiegmai Weipat High School Chuuk State Leensen Peter Berea Christian School Chuuk State Darmalynn Mori Xavier High School Chuuk State Nueva Erian Sakuma Chuuk High School Chuuk State Prina Phillip Chuuk High School Chuuk State Hope Mori Chuuk High School Chuuk State GloeAnn Defang Chuuk High School Chuuk State Erphina Stephen Chuuk High School Chuuk State Piruno Elieisar Chuuk High School Chuuk State Janerson Walter Chuuk High School Chuuk State Melisa Episom Chaperone Chuuk State V-Three Raisom Chaperone Chuuk State J. Aller Jackson Kosrae High School Kosrae State Maerii William Kosrae High School Kosrae State Tokiko Siba Kosrae High School Kosrae State PK Sigrah Kosrae High School Kosrae State Basil A. George Kosrae High School Kosrae State Rith Alik Kosrae High School Kosrae State Stacey Jonas Kosrae High School Kosrae State Kilafwakun Sabino Chaperone Kosrae State Rolinson Neth Chaperone Kosrae State Nihlo Samuel Pohnpei Island Central School Pohnpei State Marisa Quambo Pohnpei Island Central School Pohnpei State Maryann Pohnpei Island Central School Pohnpei State Vaughn Ezekias Pohnpei Island Central School Pohnpei State Rickson Washington Madolenihmw High School Pohnpei State Oliva Onae Santiago Madolenihmw High School Pohnpei State Rijazie Jack Madolenihmw High School Pohnpei State Larenda Ardos Nanpei Memerial High School Pohnpei State Allison Ioanis Nanpei Memerial High School Pohnpei State Youngleen Tom Nanpei Memerial High School Pohnpei State Resel Barnabas Nanpei Memerial High School Pohnpei State Danielle Edward Pohnpei Seventh-Day Adventist Pohnpei State Alliya Tecson Pohnpei Seventh-Day Adventist Pohnpei State Jourdyn Adams Calvary Christian Academy Pohnpei State Rhea Tisha Kephas Our Lady of Mercy Catholic High School Pohnpei State Darren Cliff Our Lady of Mercy Catholic High School Pohnpei State Leila Cardenia Diep Ohwa Christian School Pohnpei State Mylanney Dum Ohwa Christian School Pohnpei State Conally Peter Chaperone Pohnpei State Darla Ladore Chaperone Pohnpei State

48 May 15, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4RS – 20CFSM

Kena Kathleen Tuwrithog Outer Islands High School Yap State Zoraine Haleyaluw Outer Islands High School Yap State Shierah N. Moon Yap High School Yap State Carlo F. Pedrosa Yap High School Yap State Serina G. Buchun Yap High School Yap State Jonathan Haleysemal Yap Seventh-Day Adventist Yap State Myla Mailing Yap Catholic High School Yap State Edward Fasug Chaperone Yap State

Chairman Urusemal: Let’s give them a round of applause (applause). On our behalf, Mr. Speaker, I thank the Chaperones and the Department of Education and the students for participating in this year’s Close-Up Program. I hope they leave this Chamber having learned something about their Congress and make sure that they know who their Congressmen or Senators are so when they go home they can share with their parents that they have met with their Senators, and that all of them are good people. We hope that they will encourage the other students next year to participate in the program and hope also that the Department had taken care of the students in making sure that they are meeting their schedules and have enough food and activities to fill up their times while they are here in Pohnpei. Thank you so much. I thank all the participants for this year’s program. Thank you so much, Mr. Speaker.

Speaker Simina: Thank you, Chairman Urusemal for a wonderful introduction of our students and their Chaperones. I join you, on behalf of Congress, in congratulating the students on their selection to join the National Close-Up Program this year. I also thank our Department of Education and their Chaperones for taking good care of our students. Before you leave our Congress, please observe and listen carefully to your Congress at work. I hope you will take something back from your observation this morning. Thank you for joining us this morning. Are there any other points of privilege?

Chairman Urusemal: Mr. Speaker.

Speaker Simina: Chairman Urusemal.

Chairman Urusemal: Thank you, Mr. Speaker. First, I would like to apologize to the individual that for some reason, the last name is not included in the list. Second, I was given a note, which I fail to recognize two students who are also participating in the program from the state of Pohnpei. I am sorry that I don’t have the schools that they attend. Please allow me to introduce them for recognition, Mr. Speaker.

Speaker Simina: Proceed. And please stand up if he calls your name for recognition.

Chairman Urusemal: First is Showndy Louise. Second is Claudia Faith Sohl. If you are just as welcome if not more than welcome than the others. Thank you and sorry I did not recognize you earlier (applause).

Speaker Simina: Thank you, Chairman Urusemal for completing the introduction.

Chairman Welly: Mr. Speaker.

Speaker Simina: Chairman Welly.

Chairman Welly: Thank you, Mr. Speaker. According to you and everyone in the gallery this morning. I wish to continue with the points of privilege.

49 May 15, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4RS – 20CFSM

Speaker Simina: Proceed.

Chairman Welly: Thank you. I have a note here indicating that our Consul General from our Portland Office is in the gallery this morning. I cannot see him, but I also wish to introduce our Consul General for recognition, Mr. Joe Silem B. Enlet (applause). Thank you, Mr. Speaker.

Speaker Simina: Thank you, Chairman Welly. Indeed, we always glad to welcome our new Consul General.

Floor Leader Harper: Mr. Speaker.

Speaker Simina: Floor Leader Harper.

Floor Leader Harper: Thank you, Mr. Speaker. I also rise on a point of privilege to say my appreciation to my brother here for the excellent introduction of our students from the National Close-Up Program. However, I also want to express my point of disappointment for not hearing any names from my schools in the Mortlocks, the Mortlocks High School. I hope next year or the following year, one of them will be coming here to Pohnpei.

Speaker Simina: Thank you, Floor Leader Harper. If you recall, Chairman Urusemal always complained about not having any students from the outer island of Yap. I guess this year we have at least two students from the Outer Island High School of Yap.

Chairman Panuelo: Mr. Speaker.

Speaker Simina: Chairman Panuelo.

Chairman Panuelo: Mr. Speaker, good morning to you, to all Members here, and to those who are observing from the gallery. I wish to join our Chairman of Education and the Floor Leader in welcoming the National Close-Up students to this Chamber, and to those who are accompanying the students from the states. We congratulate you for being selected as the Members of the Close-Up students. Your education is important and we wish you all the best in your endeavours from here on. Pohnpei Delegation welcomes all the students in the capital and wish to see more success in your education in the months and years to come. Thank you, Mr. Speaker.

Speaker Simina: Thank you, Chairman Panuelo.

Chairman Urusemal: Mr. Speaker.

Speaker Simina: Chairman Urusemal.

Chairman Urusemal: Mr. Speaker, I just want to attach my concern to what the good Floor Leader mentioned. While it is true that this year we have two students from the Outer Island Yap High School in Ulithi participating in the Program, I also share the concern and that is relating to students from the neighboring island, Central High School in Woleai. I don’t see any representative from there. I notice a name in Weipat High School that seems familiar. It sounds Yapese but representing Weipat High School, which is not bad. It is good, in the mean that we are a federation of good people. There is no one from Floor Leader’s Mortlock High School and also from the Woleai High School.

50 May 15, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4RS – 20CFSM

Speaker Simina: Thank you.

Chairman Welly: Mr. Speaker.

Speaker Simina: Chairman Welly, you have the floor.

Chairman Welly: Thank you, Mr. Speaker. We also have a visitor from Hawaii that I wish to introduce. We have Consul General Kandhi A. Elieiser who is also in the Chamber that I wish to introduce (applause). Thank you.

Speaker Simina: Thank you, Chairman Welly. The Consul Generals are always welcome to observe our session whenever they have opportunity to visit our sessions. Any other points of privilege? If none, let’s move down to the next item.

ORDER OF THE DAY

STANDING COMMITTEE REPORTS

-SCR No. 20-57, RE: C.B. No. 20-41: “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.” – R&D – (RECOMMENDS PASSAGE/MAY 14, 2018).

Speaker Simina: Chairman Panuelo.

Chairman Panuelo: Mr. Speaker, I am happy to make a motion for the adoption of SCR No. 20-57.

Senator Konman: Second.

Speaker Simina: It has been moved and seconded that Congress adopt SCR No. 20-57. Discussions?

Chairman Panuelo: Mr. Speaker.

Speaker Simina: Chairman Panuelo.

Chairman Panuelo: Mr. Speaker, thank you. On behalf of the R&D Committee, we thank you. I will let them abbreviate the report. As you know, the bill that tries to create the National Seabed Act of 2014 is a very voluminous one. I believe it has 166 pages. Mr. Speaker, over the course of the Eighteenth and Nineteenth Congress, as all of you are aware, the bill was transmitted from the President’s Office. The origination of the bill is a very complex one, as you know. Today, the FSM enjoys an exclusive economic zone of 200 miles extending in every direction. FSM is one of the fortunate countries in the Pacific that has close to, if not, in excess of a million mile the expanse of our ocean and brings a lot of resources into our Nation, natural resources and also revenue that constitutes the biggest amount of revenue that comes into our treasury. For the information of the students who are present here, the resources we make annually, I

51 May 15, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4RS – 20CFSM think this year we can cite in excess of $60 million that our exclusive economic zone through the licensing of fishing brings into our National Treasury, the largest amount of resources (money) that comes into our revenue. Mr. Speaker, to continue, your Committee on R&D took the bill to all of our states to familiarize what the bill is intending to do here. With the fact that FSM is a party to the UN Law, the Sea Convention, gives us these resources that we enjoy today through our exclusive economic zone. If you recall, the FSM was working with the SOPAC or the Geoscience Commission out of the Pacific with expertise in the area of Seabed and expertise in legal drafting of the proposed legal framework that originated and the FSM followed through with an extensive amount of work, including workshops in all the states. What we have before us is the report that speaks to the bill, C.B. No. 20-41. If you would allow me to abbreviate the content of the very voluminous bill, currently we have a current act that is called “Marine Resources Act of 2002”. In the bill, it proposes to create a new subtitle 2, which will then be called “National Resource Seabed Resources Act”. Section 102 contains the definition of the bill. Mr. Speaker, bear with me. I will abbreviate it and I will make it short and open for discussion. Section 103 speaks to the purpose of the bill to establish a legal framework, efficient management and effective control of the Seabed mineral resources in the FSM. Section 104 is a creation of a regulatory system. Section 105 deals with a sovereign right to the seabed resources of the FSM. Section 106 determines subtitles and speaks to any individual, whether citizens or noncitizens, body corporate or to the business aspects of the Seabed authority. Section 107 defines a jurisdiction over exploration and mining of Seabed Resources. Sections 202 up to 211 provides for the creation of the National Seabed Resources Authority or the Port, Mr. Speaker. Sections 212 to 223 provides for the functions of the Port. Mr. Speaker, I wish to add here that the Port will be an independent port that will stand on its own, like other ports that we create under the laws of the FSM. Sections 301 to 307 determine the boundaries, and this is an important one, and designated for seabed mining, activities, including prohibited areas in our seabed within and beyond the 200 exclusive economic miles zones. Section 308 authorizes the National Seabed Resources Authority to promulgate regulations of this framework. Sections 401 to 403 provide for prohibited activities relating to seabed mineral activities. Sections 501 to 508 relate to prospecting within our exclusive economic zone and the right of the Port to regulate grant licences for prospecting activities. Sections 601 to 632 relate to exploration rights in the Port to regulate exploration activities. Sections 701 to 712 give the right to the Port to enter into contract with international Seabed Authority, which is under the United Nations for any related activities in the area of Seabed Mineral Activities. Sections 801 to 806 deal with scientific research and related areas. Sections 901 to 904 provide for financial arrangement. I think this is an important one, Mr. Speaker and Members, because the Port, in order to operate, we need to rely on revenues to run its own independent authority. These sections deal with financial arrangement and establishment of Seabed Resources Fund, including procedures for payments to prospectors, licensees, and sponsor parties. Sections 1001 to 1012 provide for offenses during the course of seabed mining activities, rights to grant and sublease title granted by the Port suspension and termination of the hold or right of navigation and other related conditions. Section 1023 is the transition clause with the existing authority to the new mineral rights holders. Finally, Mr. Speaker, section 1024 speaks to the requirements of environmental and social assessment. Mr. Speaker, this is the abbreviated, I know it is lengthy, but it is the highlights and reports that are contained in the Standing Committee Report No. 20-57. I comment and thank the members of our Committee on R&D and the patience of the Congress in holding out over the years the work that is gone into the very substantive bill that is before Congress. I know this bill is separated from my files. I showed the Members that this is the length of the bill. I thank everyone whose efforts contributed to the work that is before us this morning. Mr. Speaker, as Chairman of the Committee on R&D, I am happy to report this to the full Congress and ask that Congress give its blessing to this very important bill that would become a law. We hope for the Nation to provide the legal framework in dealing with our resources under the seabed, including the extension throughout the exclusive economic zone. Thank you, Mr. Speaker.

52 May 15, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4RS – 20CFSM

Speaker Simina: Thank you, Chairman Panuelo for a well comprehensive explanation of the report. Yes, I think it is a lengthy bill, but I will give this opportunity to other members of the R&D Committee. If you have any further inputs or comments –

Vice Speaker Moses: Mr. Speaker.

Speaker Simina: Vice Speaker Moses, you have the floor.

Vice Speaker Moses: Thank you, Mr. Speaker. Good morning to you, Members, and to those who are observing our session this morning. I am just interested in the section 6 or, maybe, chapter 6 and chapter 9 of the proposed amendments. I thank the good Chairman of the report and the introduction to the report and the summary. It seems as though we are creating a new entity or a body within the Department of Resources and Development. It seems like there is a lot of responsibilities. Then section 9 or chapter 9 talks about the financial provisions. Has there been any discussion or foreseeable cause that might affect the National Budget? It assumes that, maybe, it will be operating on revenues, almost like NORMA where they will be issuing licenses and therefore would create an operating revenue that will take care of the expenses. My concern is, is there enough interest in Seabed Mining, and what the effects might be on our budget if the foreseen revenue is not realized? Thank you, Mr. Speaker.

Speaker Simina: Thank you, Vice Speaker. That is a legitimate concern. Chairman Panuelo?

Chairman Panuelo: Mr. Speaker, we thank you and the good Vice Speaker for the good question. I cannot recall all the questions that were asked during the various and numerous Committee hearings that were held during the course of our meeting with the states and the expertise. Those experts were behind this. Mr. Speaker, other members can speak to it. This is a very new area that FSM is venturing into. Based on what we hear and based on the experience of our Pacific Island countries in the region, I think Papua New Guinea is one of the areas that is very active in this area of exploratory activities in seabed mining. I cannot specifically answer Vice Speaker’s question, but I think it remains to be seen. This is a very lucrative area. It is also a sensitive area because any active engagement by prospecting companies will mean that we will have to do a very careful assessment of the environment so that our environment is not affected. At the same time, there is an indication that we have a number of minerals that are already indicated by the Geoscience Commissions and others that we do have these minerals in our seabed. I cannot speak to what kind of revenues may be realized. That remains to be seen. The issue of that budget, what that may entail is also remains to be seen, but your Committee also leaves up the idea that we may attach the authority to one of the existing committees so that cost can be minimum. By the time that our agencies or departments in the Government begins to promulgate regulations, we believe that this is going to take time. Not necessarily that it is going to be up and running this year or next year. It may take time to revolve and become an entity that may regulate and provide the type of capacity to deal with our seabed resources. Thank you, Mr. Speaker. I invite other members of our Committee to add on comments to this. Thank you.

Speaker Simina: Thank you, Chairman Panuelo. Chairman Urusemal, do you want to join Chairman Panuelo in explaining to Vice Speaker?

Chairman Urusemal: Thank you, Mr. Speaker. No. I also have some concerns that I wish to raise. That was the question that I thought, maybe because the bill and the report have been with us for some time, I wonder if it’s not appropriate that we defer this to the next-day session of this Congress. We need to address the issue about that funding. I have concerns relating to who will be approving agreement. I know Congress is not involved in approving fishing agreement. Is this thing going to be the same as fishing agreement? The concern relating to environment, how is this thing going to impact our effort to protect our

53 May 15, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4RS – 20CFSM environment? I know we have those two ladies who came and did a good job in presenting the issue to us. But, that was about over a year, maybe two to three years ago. I think there is a reference to or this act may be sited as the National Seabed Resources Act of 2014. Why 2014 but not 2018? These concerns, Mr. Speaker, I would hope that we can defer to next week. Thank you.

Chairman Figir: Mr. Speaker.

Speaker Simina: Thank you, Chairman Urusemal. I will give to Chairman Figir and we decide from there. Chairman Figir.

Chairman Figir: Thank you. I thought we are discussion of the report, but it sounds like we are on the discussion of the bill, itself. However, my observation is that I am – when I signed the report, I was pretty much confident that we are going to move forward with it. First, I would like to say that there is no connection between fishing revenue and seabed mining revenue. Although, the revenue coming to Nation was mentioned that it is going to be – fishing revenue was mentioned earlier. The question raised by Vice Speaker Moses on the cost, definitely there will be more cost. In the report, it says that we have not met some of the conditions. I am interested to know what some of those conditions are. The other question is, “Why going backward instead of pressing into the future?” The other concern I have is the kind of this explanation. The bill, itself, was originally for $50,000 dollars and now it is reduced to $10,000 in case of any penalty. Again, my concern here is that this is such a complicated area. We are assuming, which I doubt that many companies will come in to try to find seabed outside, and perhaps inside the 12-mile zone. They are very a sophisticated people. I am just concerned that they will take the chance to start manipulating things and we have not been able to enforce our law both the state and national level. So, I think there is a room for some problems that I envisioned to come. But, I guess we can settle those or deal with them as they come. I definitely would take another look at it and make sure I’m comfortable with it and I think it is beyond my capability to really understand. I hope that some of these can be clarified before we act on the legislation. Thank you.

Speaker Simina: Thank you, Chairman Figir. Of course, this is work in progress. If you look at the history of our fishing license system, it went through the history of changes, because it comes with experience. What we experience can be changed. For example, the NORMA law has been amended so many times. I think it could be the same. But I would suggest that we put this in place and then we look at what we need to improve upon as we experience.

Vice Speaker Moses: Mr. Speaker.

Speaker Simina: Vice Speaker Moses.

Vice Speaker Moses: Thank you, Mr. Speaker. The report itself is very comprehensive and well prepared on a very lengthy bill. The only concern I have, I think as Chairman Panuelo stated that it’s yet to be seen. It is something that we are hopeful that we will benefit from. But the report, itself, I believe is a very comprehensive report. The bill is very lengthy. I think the concern that I have probably could be addressed when we come to the bill. Therefore, with the motion for the adoption of the report, I move for the previous question.

Chairman Perman: Second.

Speaker Simina: It’s been moved and seconded that debate be closed.

Floor Leader Harper: Mr. Speaker.

54 May 15, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4RS – 20CFSM

Speaker Simina: Yes.

Floor Leader Harper: May I ask that I just ask one or two questions before the closing of the debate?

Chairman Urusemal: May I move for a short recess, Mr. Speaker?

Speaker Simina declared the Congress recessed at 11:06 a.m., subject to the call of the Chair.

RECESS

The Congress reconvened at 11:13 a.m.

Speaker Simina: Congress comes back to session. There is a pending motion for the previous question. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. Debate is closed on the report. Let’s vote. All those in favor of the motion for the adoption of SCR No. 20-57 say “aye” – opposed “nay”. The motion is carried. The report, SCR No. 20-57, is adopted by Congress. Next report, Chief Clerk.

Chief Clerk: Mr. Speaker, there are none.

Speaker Simina: Next item.

SPECIAL COMMITTEE REPORTS

None

ASSIGNMENT OF MEASURES AND COMMUNICATIONS

The Chief Clerk called attention to Referral Sheet No. 20-59.

TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH REGULAR SESSION May 11, 2018 to May 30, 2018

COMMITTEE REFERRAL

REFERRAL SHEET NO.20-59, DAY 05, TUESDAY, 05/15/18, AT 10:00 A.M.

C.B. NO. SUBJECT COMMITTEE 20-183 To amend title 25 of the Code of the Federated States R&D of Micronesia (Annotated), as amended by adding a new section 309, to provide for the banning of the importation of Styrofoam and plastic cups, plates and individual food containers, and plastic shopping bags, and for other purposes. 20-184 To appropriate the sum of $800,000, or so much W&M thereof as may be necessary, from the General Fund of the Federated States of Micronesia for the fiscal year

55 May 15, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4RS – 20CFSM

ending September 30, 2018, previously appropriated to fund priority infrastructure projects for the state of Kosrae, to fund public projects and social programs in the state of Kosrae, and for other purposes. 20-185 To further amend Public Law No. 20-68, as amended W&M by Public Law No. 20-78, by amending sections 3 and 5 therein, for the purpose of changing the use and allottee of funds previously appropriated thereof, to fund public projects and social programs in the states of Pohnpei and Chuuk, and for other purposes. 20-186 To amend sections 1, 3, 8 and 12 of Public Law No. W&M 20-42, as amended by Public Laws Nos. 20-54, 20-64 and 20-67, in order to appropriate $820,000 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. 20-187 To further amend Public Law No. 20-53, as amended W&M by Public Laws Nos. 20-57, 20-61 and 20-69, by amending sections 2 and 5 thereof, to change the use and allottee of funds previously appropriated therein, for the purpose of funding priority infrastructure projects and other projects and programs in the state of Kosrae, and for other purposes. C.R. NO. SUBJECT COMMITTEE 20-89 Expressing the sincere condolences and sadness to the NONE family of the late Honorable Helbert Dereas at his passing on April 19, 2018. 20-90 Calling upon the state governments of each of the four H&SA states of the Federated States of Micronesia to take whatever actions are necessary to allow for a referendum to be held in each state during the next state-level election cycle, on a proposal which would individually enshrine the “right to water” within the Constitution of each state and expressing the intent of the FSM Congress to support the state governments in their efforts to improve access to safe, clean water for all citizens. 20-91 Approving and accepting a non-project grant aid from EX.AFF. the Government of Japan in the amount of $350,000,000 Japanese Yen to the Government of the Federated States of Micronesia, for economic and social programs, including all the terms and conditions of the assistance. PRESIDENTIAL SUBJECT COMMITTEE COMM. NO. 20-216 (dated 05/08/18 and received 05/09/18) – Transmitting R&D a bill that would give the FSM Petroleum Corporation (the “Corporation”) temporary exemption from duty with respect to all goods imported for the Integrated Coconut Processing Facility, Independent Power

56 May 15, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4RS – 20CFSM

Plant, and Coconut Supply Chain Management on Tonoas Island, Chuuk State. 20-217 (dated 05/08/18 and received 05/09/18) – Transmitting R&D a bill that would expand the mandate of the FSM Petroleum Corporation (the “Corporation”) into renewable energy. 20-218 (dated 05/08/18 and received 05/09/18) – Transmitting W&M a bill that would rectify two errors in the FY18 budget of the Department of Justice relating to the contractual funds of Immigration and Litigation. 20-219 (dated and received 05/11/18) – Transmitting the T&C nomination of Takuro Akinaga to serve as Chief Executive of the Office of the Telecommunication Regulation Authority (the “Authority”). 20-220 (dated and received 05/11/18) – Transmitting a EX.AFF. resolution of a foreign financial assistance of $350,000,000 in Japanese Yen from the Government of Japan to the Government of the Federated States of Micronesia to fund and support the economic and social programs in the FSM. 20-221 (dated and received 05/11/18) – Transmitting for H&SA action a resolution approving and accepting a grant assistance made available by the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention (CDC) in the amount of $386,105 to fund the FSM Tobacco and Diabetes Programs under the Tobacco and Diabetes Collaborative Partnership in the FSM. 20-222 (dated and received 05/11/18) – Transmitting for H&SA action a resolution approving and accepting a grant assistance made available by the U.S. Department of Health and Human Services, Substance Abuse and mental Health Services Administration in the amount of $106,291to the FSM Department of Health and Social Affairs, FSM Behaviour Health & Wellness Program. 20-223 (dated and received 05/11/18) – Transmitting the T&C nomination of Jolden J. Johnnyboy to serve as member of the Office of the Telecommunication Regulation Authority. 20-224 (dated and received 05/11/18) – Transmitting for R&D action a revised version of the current proposed Foreign Investment bill (C.B. No. 20-33). 20-225 (dated and received 05/11/18) – Submitting for H&SA approval a grant application to the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, OPHPR in the amount of $691,772 to provide supplemental financial support to the FSM health and Healthcare Emergency

57 May 15, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4RS – 20CFSM

Preparedness Program and its related activities for budget period from July 01, 2018 to June 30, 2019. DEPARTMENTAL SUBJECT COMMITTEE COMM. NO. 20-42 (dated and received 05/08/18) – From the Hon. Lorin INFO. S. Robert, Secretary, Department of Foreign Affairs, presenting compliments and to inform of a visit by the Special Envoy from China, Mr. Du Qiwen and his delegation of 4 members, 10-12 May 2018. 20-43 (dated 05/07/18 and received 05/09/18) – From Mrs. W&M Sihna N. Lawrence, Secretary, Department of Finance and Administration, submitting the updated Fiscal Year 2018 Revenue Projection and balance of funds.

Speaker Simina: Chairmen and members, take a look at the Referral Sheet for your planning purposes. Next item.

UNFINISHED BUSINESS

None

Chairman Figir: Mr. Speaker.

Speaker Simina: Chairman Figir.

Chairman Figir: Thank you, Mr. Speaker. I move that we move down to the Resolution Calendar.

Vice Speaker Moses: Second.

Speaker Simina: It’s been moved and seconded that Congress move down to the Resolution Calendar. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried.

RESOLUTION CALENDAR

Speaker Simina: Chairman Figir, you have the floor.

Chairman Figir: Thank you, Mr. Speaker. I move to place Congress Resolution No. 20-92 on the Resolution Calendar for action.

C.R. No. 20-92: 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.

Vice Speaker Moses: Second.

Speaker Simina: It has been moved and seconded that C.R. No. 20-92 be 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. 20-92, is now placed on the Resolution Calendar for action. Chairman Figir, make a motion for adoption.

58 May 15, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4RS – 20CFSM

Floor Leader Harper: Mr. Speaker.

Speaker Simina: Floor Leader Harper.

Floor Leader Harper: Just to safeguard that we don’t violate any of our rules, I hereby move to suspend any relevant rule that may impede our action on the resolution.

Senator Konman: Second.

Speaker Simina: It has been moved and seconded that any relevant rule that may impede our action on the motion be suspended. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. The relevant rules are now suspended.

Chairman Urusemal: Short recess, Mr. Speaker.

Speaker Simina declared the Congress recessed at 11:16 a.m., subject to the call of the Chair.

RECESS

The Congress reconvened at 11:19 a.m.

Speaker Simina: Congress comes back to session. Chairman Figir, you have the floor.

Chairman Figir: Mr. Speaker, I move to adopt C.R. No. 20-92.

Senator Konman: Second.

Speaker Simina: It has been moved and seconded that Congress adopt C.R. No. 20-92. Discussion? If none, debate is closed. Let’s vote. All those in favor of the motion to adopt C.R. No. 20-92 say ‘aye’ – opposed say ‘nay’. The motion is carried. The resolution, C.R. No. 20-92, is adopted by Congress.

Floor Leader Harper: Point of privilege, Mr. Speaker.

Speaker Simina: State your point, Floor Leader.

Floor Leader Harper: Thank you, Mr. Speaker. While Senator Urusemal was introducing the students from our states, I was complaining about my own high school. I am very happy that someone was representing the Mortlocks but somehow, she was missed out on the list. I would like to introduce her for recognition. I don’t know if she is still standing out there. Her name is Lianbreechlyeen Simina from the Mortlock High School. Let’s give her a round of applause (applause). Thank you.

Speaker Simina: Her name sounds familiar. Thank you, Floor Leader Harper. Any other resolutions?

Chairman Urusemal: Short recess, Mr. Speaker.

Speaker Simina declared the Congress recessed at 11:22 a.m., subject to the call of the Chair.

RECESS

59 May 15, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4RS – 20CFSM

The Congress reconvened at 11:23 a.m.

Speaker Simina: Congress comes back to session. We are still on the Resolution Calendar. Are there any more resolutions?

Floor Leader Harper: Mr. Speaker.

Speaker Simina: Floor Leader Harper.

Floor Leader Harper: Thank you, Mr. Speaker. If I may not be out of order, I move to withdraw and place on Resolution Calendar C.R. No. 20-89.

Senator Konman: Second.

Speaker Simina: It has been moved and seconded that C.R. No. 20-89 be withdrawn and place on the Resolution Calendar for action. The relevant rules are still suspended at this time. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. The resolution, C.R. No. 20-89, is placed on the Resolution Calendar. Floor Leader Harper.

Floor Leader Harper: Thank you, Mr. Speaker. I move for the adoption of C.R. No. 20-89.

Vice Speaker Moses: Second.

Speaker Simina: It has been moved and seconded that C.R. No. 20-89 be adopted by Congress. 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. 20-89, is adopted by Congress. The staff are instructed to make any technical corrections as necessary. Any more resolutions?

Chief Clerk: There are none.

Speaker Simina: Chairman Figir.

Chairman Figir: If there are no objections, I move that we go back to Bill Calendar. I so move.

Vice Speaker Moses: Second.

Speaker Simina: It has been moved and seconded that we go back to the Bill Calendar. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. We are now back to item number 18, Bill Calendar.

BILL CALENDAR

Speaker Simina: Chairman Figir.

Chairman Figir: I move to withdraw and place C.B. No. 20-186 on the Bill Calendar for action.

Senator Konman: Second.

60 May 15, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4RS – 20CFSM

Speaker Simina: It has been moved and seconded that C.B. No. 20-186 be withdrawn and placed on the Bill Calendar for action. The relevant rules are still suspended up to this point. All those in favor of the withdrawal and placement of C.B. No. 20-186 say ‘aye’ – opposed say ‘nay’. The motion is carried. The bill, C.B. No. 20-186, is placed on the Bill Calendar for action. Chairman Figir, motion for passage.

Chairman Urusemal: Point of information, Mr. Speaker.

Speaker Simina: State your point.

Chairman Urusemal: When I look at the Bill Calendar, I see a bill on the Calendar. What happened to that one? It swept aside?

Speaker Simina: No, it is still on there. We will come back to it.

Chairman Urusemal: So, have you gone back to your ruling that what is on the Calendar should be acted on before we start placing?

Speaker Simina: Short recess.

Speaker Simina declared the Congress recessed at 11:26 a.m., subject to the call of the Chair.

RECESS

The Congress reconvened at 11:27 a.m.

Chairman Victor V. Gouland left the Chamber at 11:27 a.m.

Speaker Simina: Congress comes back to session. We are still on the Bill Calendar. C.B. No. 20-186 is now placed on the Calendar for action. We now have two bills. Chief Clerk, first bill.

C.B. No. 20-41, CD1 (1st Reading): 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. – R&D – (cf. SCR No. 20-57).

Speaker Simina: Chairman Panuelo.

Chairman Panuelo: Mr. Speaker, I so move for the adoption of C.R. No. 20-41, CD1.

Vice Speaker Moses: Second.

Speaker Simina: It has been moved and seconded that Congress pass on first reading C.B. No. 20-41, CD1. Discussions?

61 May 15, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4RS – 20CFSM

Chairman Panuelo: Question.

Chairman Welly: Second.

Speaker Simina: Question has been called for. If there are no objections, debate is closed. Let’s vote by –

Chairman Figir: Mr. Speaker.

Speaker Simina: Chairman Figir.

Chairman Figir: Mr. Speaker, I was going to offer an amendment to the bill –

Speaker Simina: You can do it on the second reading.

Chairman Figir: Okay.

Speaker Simina: Thank you. Let’s vote by roll call.

The Chief Clerk took the roll call by Members.

Senator Alik Aye Senator Aritos Aye Senator Figir Aye Senator Gouland Absent Floor Leader Harper Aye Senator Konman Aye Vice Speaker Moses Aye Senator Neth Aye Senator Panuelo Aye Senator Perman Aye Senator Romolow Excused Senator Urusemal Nay Senator Welly Aye Speaker Simina Aye

Chief Clerk: Mr. Speaker, eleven Members voted for; one against.

Speaker Simina: For that reason, C.B. No. 20-41, CD1 has been passed by Congress on first reading. Next bill.

C.B. No. 20-186 (1st Reading): To amend sections 1, 3, 8 and 12 of Public Law No. 20-42, as amended by Public Laws Nos. 20-54, 20-64 and 20-67, in order to appropriate $820,000 of additional funds from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, and for other purposes.

Speaker Simina: Chairman Figir.

Chairman Figir: Thank you. I move to pass the bill, C.B. No. 20-186, on first reading.

62 May 15, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4RS – 20CFSM

Senator Neth: Second.

Speaker Simina: It has been moved and seconded that C.B. No. 20-186 be passed on first reading. Discussion?

Chairman Urusemal: 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 11:37 a.m.

Speaker Simina: Congress comes back to session. We are still on discussion of C.B. No. 20-186.

Chairman Figir: Question.

Speaker Simina: Question has been called for. If there is no objection, debate is closed. Let’s vote by roll call, Chief Clerk.

The Chief Clerk took the roll call by Members.

Senator Alik Aye Senator Aritos Aye Senator Figir Aye Senator Gouland Absent Floor Leader Harper Aye 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, twelve Members voted for.

Speaker Simina: For that reason, C.B. No. 20-186 has been passed by Congress on first reading. Next bill.

Chairman Welly: Mr. Speaker.

Speaker Simina: Chairman Welly.

Chairman Welly: Thank you, Mr. Speaker. I have two bills that I would like to withdraw and place on today’s Bill Calendar for action.

Speaker Simina: Go ahead.

63 May 15, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4RS – 20CFSM

Chairman Welly: I would like to withdraw and place C.B. Nos. 20-184 and 20-187 on the Bill Calendar for action. I so move.

Chairman Alik: Second.

Speaker Simina: It has been moved and seconded that C.B. Nos. 20-184 and 20-187 be withdrawn from the Committee and placed on the Bill Calendar for action.

Chairman Figir: Point of information.

Speaker Simina: State your point.

Chairman Figir: What Committee were these bills withdrawn from?

Chairman Welly: Mr. Speaker, I had already consulted with him. I don’t know where this question is coming from. Thank you.

Speaker Simina: There you have it.

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 11:40 a.m.

Speaker Simina: Congress comes back to session. We have a motion to withdraw and place. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. Let the record reflect that the relevant rules are still suspended. Are there any other bills to withdraw and place?

Senator Aritos: Mr. Speaker.

Speaker Simina: Senator Aritos.

Senator Aritos: Thank you, Mr. Speaker. I move to withdraw and place C.B. No. 20-185. I so move.

Chairman Perman: Second.

Speaker Simina: It has been moved and seconded that C.B. No. 20-185 be withdrawn and placed on the Bill Calendar for action. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. C.B. No. 20-185 is placed on the Bill Calendar for action. Are there any other bills? If none, let’s go back to C.B. No. 20-184, Chief Clerk.

64 May 15, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4RS – 20CFSM

C.B. No. 20-184 (1st Reading): To appropriate the sum of $800,000, or so much thereof as may be necessary, from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, previously appropriated to fund priority infrastructure projects for the state of Kosrae, to fund public projects and social programs in the state of Kosrae, and for other purposes.

Speaker Simina: Chairman Figir.

Chairman Figir: I move for the passage of the bill (C.B. No. 20-184) on first reading.

Senator Konman: Second.

Speaker Simina: It has been moved and seconded that Congress pass C.B. No. 20-184 on first reading. Discussion?

Chairman Figir: Short recess.

Speaker Simina declared the Congress recessed at 11:42 a.m., subject to the call of the Chair.

RECESS

The Congress reconvened at 11:44 a.m.

Speaker Simina: Congress comes back to session. We are still on discussion of C.B. No. 20-184.

Chairman Perman: Question.

Chairman Figir: Second.

Speaker Simina: It has been moved and seconded that debate be closed. If there is no objection, debate is closed. Chief Clerk, roll call.

The Chief Clerk took the roll call by Members.

Senator Alik Aye Senator Aritos Aye Senator Figir Aye Senator Gouland Absent Floor Leader Harper Aye 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

65 May 15, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4RS – 20CFSM

Chief Clerk: Mr. Speaker, twelve Members voted for.

Speaker Simina: For that reason, C.B. No. 20-184 has been passed by Congress on first reading. Next bill.

C.B. No. 20-187 (1st Reading): To further amend Public Law No. 20-53, as amended by Public Laws Nos. 20-57, 20-61 and 20-69, by amending sections 2 and 5 thereof, to change the use and allottee of funds previously appropriated therein, for the purpose of funding priority infrastructure projects and other projects and programs in the state of Kosrae, and for other purposes.

Speaker Simina: Chairman Figir.

Chairman Figir: I move for the passage of the said bill (C.B. No. 20-187) on first reading.

Chairman Welly: Second.

Speaker Simina: It has been moved and seconded that Congress pass on first reading C.B. No. 20-187. Discussion?

Chairman Welly: Mr. Speaker.

Speaker Simina: Chairman Welly.

Chairman Welly: I have an oral amendment that I wish to offer to the said bill (C.B. No. 20-187).

Speaker Simina: Proceed.

Chairman Welly: Thank you. On page 2, line 3, item (i), delete that in its entirety. On paragraph 5(j), “travel needs”, the new total will be “$110,000”. Also, on page 4, paragraph 13 (az), delete that language in its entirety, and insert “tuition, travel cost, and other costs for Kosraean students at Xavier High School.” I so move, Mr. Speaker.

Senator Neth: Second.

Speaker Simina: It has been moved and seconded that the offered oral amendment by Chairman Welly be adopted. Any discussion on the offered amendment? If none, debate is closed on the offered oral amendment. Let’s vote. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. The amendment is adopted. We now have C.B. No. 20-187, CD1. Are there any further discussion on the bill (C.B. No. 20-187, CD1) as amended?

Chairman Urusemal: Mr. Speaker.

Speaker Simina: Yes.

Chairman Urusemal: Thank you, Mr. Speaker. I just wonder if the trip to the Holy Land (Israel) has already taken place, or now they are not going to the Holy Land? Are they going to another land?

Chairman Welly: Mr. Speaker, Kosrae is the Holy Land now.

66 May 15, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4RS – 20CFSM

Speaker Simina: There you have it. Any further question? If none, are there any further discussions on C.B. No. 20-187, CD1? If none, without objection, debate is closed. Chief Clerk, roll call.

The Chief Clerk took the roll call by Members.

Senator Alik Aye Senator Aritos Aye Senator Figir Aye Senator Gouland Absent Floor Leader Harper Aye 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, twelve Members voted for.

Speaker Simina: For that reason, C.B. No. 20-187, CD1 has been passed by Congress on first reading. Next bill.

C.B. No. 20-185 (1st Reading): To further amend Public Law No. 20-68, as amended by Public Law No. 20-78, by amending sections 3 and 5 therein, for the purpose of changing the use and allottee of funds previously appropriated thereof, to fund public projects and social programs in the states of Pohnpei and Chuuk, and for other purposes.

Speaker Simina: Chairman Figir.

Chairman Figir: I so move.

Floor Leader Harper: Second.

Speaker Simina: It has been moved and seconded that Congress pass on first reading C.B. No. 20-185. Discussions? If none, debate is closed. Let’s vote by roll call. Chief Clerk.

The Chief Clerk took the roll call by Members.

Senator Alik Aye Senator Aritos Aye Senator Figir Aye Senator Gouland Absent Floor Leader Harper Aye Senator Konman Aye Vice Speaker Moses Aye Senator Neth Aye

67 May 15, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4RS – 20CFSM

Senator Panuelo Aye Senator Perman Aye Senator Romolow Excused Senator Urusemal Aye Senator Welly Aye Speaker Simina Aye

Chief Clerk: Mr. Speaker, twelve Members voted for.

Speaker Simina: For that reason, C.B. No. 20-185 has been passed by Congress on first reading. Next bill.

Chief Clerk: There are none, Mr. Speaker.

Floor Leader Harper: Point of privilege, Mr. Speaker.

Speaker Simina: State your point, Floor Leader.

Floor Leader Harper: Thank you, Mr. Speaker. May I ask to be excused at this time? I need to attend an urgent matter. May I ask that we recess for a while?

Speaker Simina declared the Congress recessed at 11:52 a.m., subject to the call of the Chair.

RECESS

Floor Leader Florencio Harper left that Chamber at 11:53 a.m.

The Congress reconvened at 11:53 a.m.

Speaker Simina: Congress comes back to session. There being no further resolutions –

Chairman Welly: Point of privilege, Mr. Speaker.

Speaker Simina: State your point, Chairman Welly.

Chairman Welly: Thank you, Mr. Speaker. I wish to introduce for recognition our Ambassador from the United States to FSM, Ambassador Riley, who is observing our session this morning. Am I right?

Chairman Urusemal: Short recess.

Speaker Simina declared the Congress recessed at 11:54 a.m., subject to the call of the Chair.

RECESS

The Congress reconvened at 11:54 a.m.

Speaker Simina: Congress comes back to session. Chairman Welly, you still have the floor.

Chairman Welly: Thank you, Mr. Speaker. We have our own Ambassador to United States, Ambassador Akillino Susaia that I wish to introduce for recognition. Thank you, Mr. Speaker (applause).

68 May 15, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4RS – 20CFSM

Speaker Simina: Thank you, Chairman Welly. Short recess.

Speaker Simina declared the Congress recessed at 11:55 a.m., subject to the call of the Chair.

RECESS

The Congress reconvened at 11:55 a.m.

Speaker Simina: Congress comes back to session. Chairman Welly, continue.

Chairman Welly: Thank you, Mr. Speaker. May I continue with my point of privilege? Also, in our Chamber this morning, we have Ambassador Apis from our Office in People’s Republic of China observing our session (applause). Thank you, Mr. Speaker.

Speaker Simina: Thank you very much, Chairman Welly. If no further points of privilege, next item.

INTRODUCTION OF BILLS

C.B. No. 20-188: Introduced by: Floor Leader Harper (by request) Assigned to: W&M Date introduced: May 15, 2018

To amend section 222 of chapter 2 of title 54 of the Code of the Federated States of Micronesia (Annotated), as amended, by inserting a subparagraph thereto, that creates a temporary exemption from duty with respect to all good imported for the Integrated Coconut Processing Facility, Independent Power Plant and Coconut Supply Chain Management on Tonoas Island, Chuuk State, and for other purpose.

C.B. No. 20-189: Introduced by: Floor Leader Harper Assigned to: W&M Date introduced: May 15, 2018

To amend sections 1 and 2 of Public Law No. 20-42, as amended Public Laws Nos. 20-54, 20-64 and 20-67, in order to appropriate $711,915 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. 20-190: Introduced by: Senator Alik Assigned to: W&M Date introduced: May 15, 2018

To further amend Public Law No. 20-60, as amended by Public Law Nos. 20-65 and 20-75 by amending section 3 thereof, to change the use of funds previously appropriated therein, to fund public projects and social programs in the state of Kosrae, and for other purposes.

69 May 15, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4RS – 20CFSM

INTRODUCTION OF RESOLUTIONS

C.R. No. 20-92: Introduced by: Senator Figir Assigned to: None Date introduced: May 15, 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.

MISCELLANEOUS COMMUNICATIONS

None

MISCELLANEOUS BUSINESS

Speaker Simina: Do you have any miscellaneous business? If none, Announcements.

ANNOUNCEMENTS

Speaker Simina: Chairman Welly.

Chairman Welly: Thank you, Mr. Speaker. I think that is why our Ambassadors and Counsel Generals are here observing our session. Your Committee on External Affairs has an oversight hearing with the Department right after session at the Hearing Room. Everyone is welcomed to attend. Thank you, Mr. Speaker.

Speaker Simina: Thank you, Chairman Welly. Members of the Committee and Members of Congress, take note of that announcement. Chairman Figir.

Chairman Figir: I would like to meet with your members of the Committee on Ways and Means to decide and review the President’s Supplemental budget. if no members show up, only the staff and I can do the job for you.

Speaker Simina: That is the announcement. Members of Ways and Means Committee, take note. Chairman Alik.

Chairman Alik: No announcements, Mr. Speaker. Thank you.

Speaker Simina: Chairman Perman.

Chairman Perman: Thank you, Mr. Speaker. I have no announcements from your Committee of Health and Social Affairs, but I have an announcement that there will be lunch. Thank you.

Speaker Simina: Thank you for that important announcement. Chairman Panuelo.

Chairman Panuelo: Mr. Speaker, no announcement from your Committee on R&D. Thank you.

Speaker Simina: Chairman Urusemal.

70 May 15, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4RS – 20CFSM

Chairman Urusemal: There are no announcements, Mr. Speaker.

Speaker Simina: Your Committee on Education will have a crazy meeting after the External Affairs Committee meeting.

Speaker Simina: Thank you. Take note, members of Education Committee. You have a crazy meeting coming up after the External Affair’s meeting. Acting Chairman Neth of J&GO.

Senator Neth: Thank you, Mr. Speaker. We originally schedule for public hearing for the Associate Justice nominee but was asked by the Chief Justice to delay for possible inclusion of the nominee himself. So, there is no announcement.

Speaker Simina: Thank you, Acting Chairman Neth. Vice Speaker Moses?

Vice Speaker Moses: None.

Speaker Simina: Senator Aritos, do you have any announcement?

Senator Aritos: No announcement, Mr. Speaker.

Speaker Simina: Senator Konman?

Senator Konman: Thank you, Mr. Speaker. No announcements.

Chairman Figir: Mr. Speaker.

Speaker Simina: Chairman Figir.

Chairman Figir: Short recess.

Speaker Simina declared the Congress recessed at 11:59 a.m., subject to the call of the Chair.

RECESS

The Congress reconvened at 12:02 p.m.

Speaker Simina: Congress comes back to session. We are on Announcements. Are there any other announcements?

Vice Speaker Moses: I apologize for the oversight on the invitation by the Vice President for a dinner reception tonight that he’s hosting for a group of investors from Singapore who are here to explore some opportunities that we might have for them. It is at 6:00 o’clock at Cliff Rainbow. Thank you.

Speaker Simina: Thank you, Vice Speaker Moses. We can join and learn more about this very developed economically and good nation called, Singapore. Maybe we should learn more from them in one evening sit-together. We are all invited. Any other announcements? If none, Chairman Urusemal, you are designated as the Acting Floor Leader. Make your motion.

Chairman Urusemal: I designate anyone to make the motion.

71 May 15, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4RS – 20CFSM

Chairman Perman: Mr. Speaker, I make a motion to stand in recess until tomorrow at 10:00 o’clock, in the morning.

Chairman Welly: Second.

Speaker Simina: It has been moved and seconded that Congress stand in recess until tomorrow at 10:00 a.m., in the morning. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. Congress now stands in recess until tomorrow at 10:00 a.m., in the morning.

Speaker Simina declared that the Congress stand in recess at 12:03 p.m., Tuesday, May 15, 2018, until tomorrow, Wednesday, May 16, 2018, at 10:00 a.m.

72

CONGRESSIONAL JOURNAL TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH REGULAR SESSION

DAY SIX Wednesday, May 16, 2018

The Sixth Day of the Fourth Regular Session of the Twentieth Congress of the Federated States of Micronesia was called to order at 10:30 a.m., Wednesday, May 16 2018.

Acting Speaker Esmond B. Moses presided.

A moment of silent prayer was observed.

The Chief Clerk called the roll. Eleven Members were present; Chairman Gouland, Chairman Romolow and Speaker Simina were excused.

Floor Leader Harper moved to dispense with the reading of the Journal; Chairman Perman seconded, and the motion carried by voice vote.

PRESIDENTIAL COMMUNICATIONS

-No. 20-229 - (dated and received 05/15/18) – Transmitting a bill to revise and update the base salary schedule of the FSM National Government.

FSM SUPREME COURT COMMUNICATIONS

None

MEMBER COMMUNICATIONS

-No. 20-23 - (dated and received 05/14/18) – From the Hon. Wesley W. Simina, Speaker, 20th FSM Congress, submitting a report on the trip, which he led a FSM Congress delegation to the 138th General Assembly, in which he chaired the meeting of the Asia-Pacific Group (APG), the largest geopolitical group of the IPU, and on his attendance at the other meetings of the 138th General Assembly, in Geneva.

-No. 20-24 - (dated and received 05/14/18) – From the Hon. Wesley W. Simina, Speaker, 20th FSM Congress, submitting a report on the trip, which he led a FSM Congress delegation to China to honour an invitation from the Government of China, particularly from the Chairmen of the Chinese People’s Political Consultative Conference (CPPCC) and the National People’s Congress.

DEPARTMENTAL COMMUNICATIONS

None

73

May 16, 2018 CONGRESSIONAL JOURNAL –DAY SIX – 4RS – 20CFSM

AGENCY OR GOVERNMENTAL AUTHORITY COMMUNICATIONS

None

STATE COMMUNICATIONS

None

STATE SUPREME COURT COMMUNICATIONS

None

MUNICIPAL OR TOWN COMMUNICATIONS

None

FOREIGN GOVERNMENT COMMUNICATIONS

None

ORDER OF THE DAY

STANDING COMMITTEE REPORTS

The Chief Clerk called attention to Awaiting List No. 20-27.

TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH REGULAR SESSION MAY 11, 2018 TO MAY 30, 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. 20-27, 6TH DAY , WEDNESDAY, MAY 16, 2018, AT 10:00 A.M. REPORTS SUBJECT DATE AND TIME SCR No. RE: C.R. No. 20-81, “A resolution approving and accepting 05/16/18 @ 20-58 a grant from the United Nations Development Program 10:00 a.m. (UNDP), in the amount of $145,193 to fund and support the Global Fund Project for TB/HIV in the FSM, including all the terms and conditions of the assistance.” – Submitted by: H&SA Committee. SCR No. RE: C.R. No. 20-88, “A resolution approving and accepting a 05/16/18 @ 20-59 grant in the amount of $386,105 from the U.S. Department of 10:00 a.m. Health and Human Services, Centers for Disease Control and Prevention, to provide funding for the FSM program entitled: “Improving Health of the People of the FSM through Program Leadership and Management, Surveillance and Epidemiology, Health System”, including all the terms and conditions of the assistance. – Submitted by: H&SA Committee.

74 May 16, 2018 CONGRESSIONAL JOURNAL –DAY SIX – 4RS – 20CFSM

SPECIAL COMMITTEE REPORTS

None

ASSIGNMENT OF MEASURES AND COMMUNICATIONS

The Chief Clerk called attention to Referral Sheet No. 20-60.

TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH REGULAR SESSION May 11, 2018 to May 30, 2018

COMMITTEE REFERRAL

REFERRAL SHEET NO. 20-60, DAY 06, WEDNESDAY, 05/16/18, AT 10:00 A.M.

C.B. NO. SUBJECT COMMITTEE 20-188 To amend section 222 of chapter 2 of title 54 of the W&M Code of the Federated States of Micronesia (Annotated), as amended, by inserting a subparagraph thereto, that creates a temporary exemption from duty with respect to all good imported for the Integrated Coconut Processing Facility, Independent Power Plant and Coconut Supply Chain Management on Tonoas Island, Chuuk State, and for other purpose. 20-189 To amend sections 1 and 2 of Public Law No. 20-42, as W&M amended Public Laws Nos. 20-54, 20-64 and 20-67, in order to appropriate $711,915 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. 20-190 To further amend Public Law No. 20-60, as amended by W&M Public Law Nos. 20-65 and 20-75 by amending section 3 thereof, to change the use of funds previously appropriated therein, to fund public projects and social programs in the state of Kosrae, and for other purposes. C.R. NO. SUBJECT COMMITTEE 20-92 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. PRESIDENTIAL SUBJECT COMMITTEE COMM. NO. 20-226 (dated 05/08/18 and received 05/14/18) – Transmitting H&SA the nomination of Mr. Nena C. Ned to serve as Kosrae’s representative in the FSM Social Security Board of Directors. 20-227 (dated and received 05/14/18) – Informing Congress INFO. that an invitation has been extended for a group of

75 May 16, 2018 CONGRESSIONAL JOURNAL –DAY SIX – 4RS – 20CFSM

investors from Singapore to visit the FSM to explore foreign investment opportunities; and that a dinner is hosted in their honour at the Cliff Rainbow Hotel at 6:00 pm and members of Congress are also invited. 20-228 (dated and received 05/14/18) – Transmitting the ALL FY2018 Supplemental Budget, and a spreadsheet RELEVANT showing its breakdown. COMMITTEES

UNFINISHED BUSINESS

None

BILL CALENDAR

C.B. No. 20-41, CD1 (2nd Reading): 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. – R&D – (cf. SCR No. 20-57).

Acting Speaker Moses: Chairman Panuelo.

Chairman Panuelo: Thank you, Mr. Acting Speaker. Good morning to you and to Members. As Chairman of the R&D Committee, I have been approached if I could defer the bill to the next special session of Congress. The reason being, the Yap Delegation particularly, Chairman Figir, wishes to have a special lawyer to review or who he thinks may have special expertise to review this further in the hope of coming back with some amendments or additional comments to improve the bill as it stands now. Mr. Acting Speaker, we had all the time for that to happen over the years. As the Chairman of the Committee, I would appreciate if these kinds of things can be taken during that time. In the spirit of cooperation, I defer the bill (C.B. No. 20-41, CD1) to the next special session of Congress. We have come this far. We can take it to another session, as month away or so. Thank you. I so move.

Floor Leader Harper: Second.

Acting Speaker Moses: It has been moved and seconded that Congress defer C.B. No. 20-41, CD2 to the next special session. Discussions? If none, we will vote for the deferment of C.B. No. 20-41, CD1 to the next special session of Congress. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. Congress has now deferred C.B. No. 20-41, CD1 to the next special session of Congress. Next bill, Chief Clerk.

C.B. No. 20-186 (2nd Reading): To amend sections 1, 3, 8 and 12 of Public Law No. 20-42, as amended by Public Laws Nos. 20-54, 20-64 and 20-67, in order to appropriate $820,000 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.

76 May 16, 2018 CONGRESSIONAL JOURNAL –DAY SIX – 4RS – 20CFSM

Acting Speaker Moses: Thank you, Chief Clerk. Chairman Figir, you have the floor.

Chairman Figir: I move to defer the bill (C.B. No. 20-186) to Friday’s Calendar.

Chairman Urusemal: Second.

Acting Speaker Moses: It has been moved and seconded that Congress defer action on C.B. No. 20-186 till Friday’s session. Discussion? If none, debate is closed. We will vote on the deferment of C.B. No. 20-186 till Friday’s session. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. C.B. No. 20-186 is now deferred till Friday’s session. Next bill.

C.B. No. 20-184 (2nd Reading): To appropriate the sum of $800,000, or so much thereof as may be necessary, from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, previously appropriated to fund priority infrastructure projects for the state of Kosrae, to fund public projects and social programs in the state of Kosrae, and for other purposes.

Acting Speaker Moses: Chairman Figir, you have the floor.

Chairman Figir: I move that Congress pass C.B. No. 20-184 on second and final reading.

Senator Konman: Second.

Acting Speaker Moses: It has been moved and seconded that Congress pass C.B. No. 20-184. Discussion?

Chairman Welly: Mr. Acting Speaker.

Acting Speaker Moses: Chairman Welly, you have the floor.

Chairman Welly: Thank you, Mr. Acting Speaker. I have a floor amendment that I wish to offer to the said bill (C.B. No. 20-184).

Acting Speaker Moses: Short recess.

Acting Speaker Moses declared the Congress recessed at 10:40 a.m., subject to the call of the Chair.

RECESS

The Congress reconvened at 10:41 a.m.

Acting Speaker Moses: Congress comes back to session. I take it that everybody has a copy of the floor amendment. Chairman Welly, you have the floor.

Chairman Welly: Thank you, Mr. Acting Speaker. You are correct. Members have a copy of this written amendment. It is quite lengthy so I will not ask Chief Clerk to read it because everybody already has a copy of it, but I move for the adoption of the amendment. I so move.

77 May 16, 2018 CONGRESSIONAL JOURNAL –DAY SIX – 4RS – 20CFSM

Floor Amendment to C.B. No. 20-184 Offered by Senator Paliknoa K. Welly

C.B. No. 20-184 is hereby amended to read as follows:

1. Page 1, between lines 9 and 10, insert the following: “(a) Walung Seawall Project 30,000 (b) Malem Municipal Government - purchase of Truck for waste collection 9,000 (c) Putuk to Las road improvement ...... 11,000 (d) Utwe Municipal Government – Heavy equipment purchase ...... 35,000 (e) Kosrae State Legislature subsidy ...... 21,000 (f) Contribution to Kosrae’s participants to International Woman’s Day in Pohnpei ...... 15,000 (g) Loal farm road 15,000 (h) Utwe to Walung road improvement...... 30,000 (i) Kosrae Public Safety30,000 (j) Malem water system upgrade ...... 29,000 (k) Tafunsak Electricity extension ...... 20,000 (l) Street lights project90,000 (m) Outreach/travel needs65,000 (n) Fomseng Wan roadside trainage ...... 15,000 (o) Kosrae Port Authority (supplemental for Securities) ...... 5,000” (p) Renovation of Tafunsak Multipurpose building ...... 19,000 (q) Improvement of parking lot at Langosak, Lelu ...... 19,000 (r) Supplemental funding for Pukusrik farm road ...... 10,000 (s) Road paving from Finkol to Wan Taf ...... 100,000 (t) Soil tiller for Utwe Farmers ...... 20,000 (u) Renovation of Kosrae Visitors Bureau building...... 19,000 (v) Renovation of Women local house in Tofol ...... 10,000 (w) Kosrae public road improvement (re-paving of pot holes) ...... 30,000 (x) Utwe Farmers Association contribution ...... 10,000 (y) Renovation of KHS dining facilities ...... 18,000 (z) Construction of a quest house for Walungese ...... 55,000 (aa) Training on Yamaha outboard motors ...... 30,000 (ab) Road paving of Srungansralu inner road ...... 30,000 (ac) Road improvement inner road near Utwe church ...... 10,000” 2. Page 1, line 17, after “appropriated.”, insert “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.”

3. Page 2, line 1, delete “section 1”, and insert “subsections 1(p) to 1(ac)” in lieu thereof.

78 May 16, 2018 CONGRESSIONAL JOURNAL –DAY SIX – 4RS – 20CFSM

Date: May 15, 2018 Introduced by: /s/Paliknoa K. Welly Paliknoa K. Welly

Purpose of the Amendments: To specify the use and allottee of funds appropriated under this act for the State of Kosrae.

Senator Neth: Second.

Acting Speaker Moses: It has been moved and seconded that the offered floor amendment by Senator Welly on C.B. No. 20-184 be adopted. Floor Leader, do we have any rules to suspend?

Floor Leader Harper: Mr. Acting Speaker, I move to suspend any relevant rules that may impede our action on the amendment.

Senator Konman: Second.

Acting Speaker Moses: It has been moved and seconded that the rules that may impede our action on the said amendment offered by Senator Welly be suspended. Any objections? If none, we will vote on the suspension of our rules. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. The rules are now suspended, especially the rule on substantive amendments on second and final reading. We are now on the amendment. Any discussion? If none, we will vote on the offered floor amendment by Chairman Welly on C.B. No. 20-184. All those in favor of the said amendment say ‘aye’ – opposed say ‘nay’. The motion is carried. We now have C.B. No. 20-184, CD1. Are there any further discussions? If none, we will vote on the passage of C.B. No. 20-184, CD1 on second and final reading by delegations. Chief Clerk, please 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. Acting Speaker, all the four States voted for.

Acting Speaker Moses: With that, Congress has now passed C.B. No. 20-184, CD1 on second and final reading. Next bill.

C.B. No. 20-187, CD1 (2nd Reading): To further amend Public Law No. 20-53, as amended by Public Laws Nos. 20-57, 20-61 and 20-69, by amending sections 2 and 5 thereof, to change the use and allottee of funds previously appropriated therein, for the purpose of funding priority infrastructure projects and other projects and programs in the state of Kosrae, and for other purposes Senator Konman: Mr. Acting Speaker.

Acting Speaker Moses: Senator Konman.

79 May 16, 2018 CONGRESSIONAL JOURNAL –DAY SIX – 4RS – 20CFSM

Senator Konman: Thank you, Mr. Acting Speaker. I have a floor amendment to offer to the bill (C.B. No. 20-187, CD1).

Acting Speaker Moses: Can we hold on for a motion to adopt? Chairman Figir, you have the floor.

Chairman Figir: I move to defer action on the said bill (C.B. No. 20-187, CD1) to Friday’s Calendar.

Senator Konman: Second.

Acting Speaker Moses: It has been moved and seconded that C.B. No. 20-187, CD1 be deferred to Friday’s Calendar. Discussions? If no objection, we will vote on deferment of C.B. No. 20-187, CD1 to Friday’s Calendar. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. Congress has now deferred action on C.B. No. 20-187, CD1 to Friday’s Calendar. Next bill.

C.B. No. 20-185 (2nd Reading): To further amend Public Law No. 20-68, as amended by Public Law No. 20-78, by amending sections 3 and 5 therein, for the purpose of changing the use and allottee of funds previously appropriated thereof, to fund public projects and social programs in the states of Pohnpei and Chuuk, and for other purposes

Acting Speaker Moses: Chairman Figir, you have the floor.

Chairman Figir: I move for the passage of the bill (C.B. No. 20-185).

Chairman Perman: Second.

Acting Speaker Moses: It has been moved and seconded that Congress pass C.B. No. 20-185 on second and final reading. Discussion? If none, debate is closed. If no objection, we will 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. Acting Speaker, all the four States voted for.

Acting Speaker Moses: Thank you, Chief Clerk. Congress has now passed C.B. No. 20-185 on second and final reading. Next bill.

Chief Clerk: There are none, Mr. Acting Speaker.

Chairman Perman: Mr. Acting Speaker.

Acting Speaker Moses: Chairman Perman.

80 May 16, 2018 CONGRESSIONAL JOURNAL –DAY SIX – 4RS – 20CFSM

Chairman Perman: Thank you, Mr. Acting Speaker. Good morning to you, Members, and to all who are observing our session this morning. Mr. Acting Speaker, I would like to make a motion to withdraw C.B. Nos. 20-162 and 20-165 on our Bill Calendar for action. I so move.

Floor Leader Harper: Second.

Acting Speaker Moses: It has been moved and seconded that Congress place C.B. No. 20-162 and C.B. No. 20-165 on today’s Calendar for action.

Floor Leader Harper: Mr. Acting Speaker, I presume that the relevant rules are still suspended.

Acting Speaker Moses: They are still suspended. Any discussion on the placement of the two bills (C.B. Nos. 20-162 and 20-165)?

Chairman Figir: Short recess.

Acting Speaker Moses declared the Congress recessed at 10:50 a.m., subject to the call of the Chair.

RECESS

Senator Tiwiter Aritos left the Chamber at 10:51 a.m.

The Congress reconvened at 10:52 a.m.

Acting Speaker Moses: Congress comes back to session. The standing motion is to place C.B. Nos. 20-162 and 20-165 on today’s Calendar. If there is no objection, we will vote on the said motion. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. Congress has now placed C.B. Nos. 20-162 and 20-165 on today’s Bill Calendar for action. Chairman Figir.

Chairman Figir: I move for the passage of the bill, C.B. No. 20-162, on first reading.

C.B. No. 20-162 (1st Reading): To further amend Public Law No. 18-70, as amended by Public Laws Nos. 18-98, 18-112, 18-122, 19-07, 19-24, 19-41, 19-52, 19- 73, 19-82, 19-101, 19-114, 19-139, 20-07, 20-16, 20-36 and 20-52, by amending sections 4 and 6 thereof, to change the use, allottee and lapse date of certain funds previously appropriated therein, for the purpose of funding public projects and social programs for the people of Pohnpei State, and for other purposes.

Chairman Perman: Second.

Acting Speaker Moses: It has been moved and seconded that Congress pass on first reading C.B. No. 20-162. Discussion?

Chairman Perman: I have an amendment to the said bill (C.B. No. 20-162). Tomorrow?

Chairman Urusemal: Mr. Acting Speaker.

81 May 16, 2018 CONGRESSIONAL JOURNAL –DAY SIX – 4RS – 20CFSM

Acting Speaker Moses: Chairman Urusemal.

Chairman Urusemal: Thank you very much, Mr. Acting Speaker. Through you, I request, again, for the public project lawyer to print out the Yap section of it, if there is such, on the two bills and give it to us so we can see if there is need to move money in Yap so they can be put to good use.

Acting Speaker Moses: Thank you, Chairman Urusemal. It is noted.

Floor Leader Harper: Mr. Acting Speaker.

Acting Speaker Moses: Floor Leader Harper.

Floor Leader Harper: May I also ask if the Chuuk portion can be also added on?

Acting Speaker Moses: Thank you. It is noted. If there is no objection, we will vote on C.B. No. 20-162 on first reading. We will vote by roll call of Members. Chief Clerk, please call the roll.

The Chief Clerk took the roll call by Members.

Senator Alik Aye Senator Aritos Absent Senator Figir Aye Senator Gouland Excused Floor Leader Harper Aye Senator Konman Aye Senator Neth Aye Senator Panuelo Aye Senator Perman Aye Senator Romolow Excused Senator Urusemal Aye Senator Welly Aye Speaker Simina Excused Acting Speaker Moses Aye

Chief Clerk: Mr. Acting Speaker, ten Members voted for.

Senator Tiwiter Aritos returned to the Chamber at 10:55 a.m.

Acting Speaker Moses: With that, Congress has passed C.B. No. 20-162 on first reading. Next bill.

C.B. No. 20-165 (1st Reading): To further amend Public Law No. 19-64, as amended by Public Laws Nos. 19-81, 19-97, 19-120, 19-137 and 20-29, by amending sections 1 and 2 thereof, to change the use, allottee and lapse date of funds previously appropriated therein, for the purpose of funding public projects and social programs in Pohnpei State, to correct technical errors, and for other purposes.

Acting Speaker Moses: Chairman Figir.

82 May 16, 2018 CONGRESSIONAL JOURNAL –DAY SIX – 4RS – 20CFSM

Chairman Figir: I move for the passage of C.B. No. 20-165 on first reading.

Chairman Perman: Second.

Acting Speaker Moses: It has been moved and seconded that Congress pass C.B. No. 20-165 on first reading. Discussion? If no discussion, we will vote by roll call of Members.

The Chief Clerk took the roll call by Members.

Senator Alik Aye Senator Aritos Aye Senator Figir Aye Senator Gouland Excused Floor Leader Harper Aye Senator Konman Aye Senator Neth Aye Senator Panuelo Aye Senator Perman Aye Senator Romolow Excused Senator Urusemal Aye Senator Welly Aye Speaker Simina Excused Acting Speaker Moses Aye

Chief Clerk: Mr. Acting Speaker, eleven Members voted for.

Acting Speaker Moses: With that, Congress has passed C.B. No. 20-165 on first reading. Next bill.

Chairman Perman: Mr. Acting Speaker.

Acting Speaker Moses: Chairman Perman, you have the floor.

Chairman Perman: Thank you, Mr. Speaker. Again, I would like to withdraw and place C.B. No. 20-190 on the Bill Calendar for action.

Chairman Urusemal: Short recess.

Acting Speaker Moses declared the Congress recessed at 10:58 a.m., subject to the call of the Chair.

RECESS

The Congress reconvened at 11:00 a.m.

Acting Speaker Moses: Congress comes back to session. There was a proposed motion by Chairman Perman, but I did not hear a second.

Chairman Alik: Second.

83 May 16, 2018 CONGRESSIONAL JOURNAL –DAY SIX – 4RS – 20CFSM

Acting Speaker Moses: It has been moved and seconded that Congress place C.B. No. 20-190 for first reading. Discussion? If none, we will vote on the placement of C.B. No. 20-190. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. Congress has now placed C.B. No. 20-190 for first reading. Chairman Figir.

Chairman Figir: I move for the passage of the bill.

C.B. No. 20-190 (1st Reading): To further amend Public Law No. 20-60, as amended by Public Laws Nos. 20-65 and 20-75 by amending section 3 thereof, to change the use of funds previously appropriated therein, to fund public projects and social programs in the state of Kosrae, and for other purposes.

Chairman Perman: Second.

Acting Speaker Moses: It has been moved and seconded that pass C.B. No. 20-190 on first reading. Discussion?

Floor Leader Harper: Mr. Acting Speaker. The bill is for Kosrae State, but why is it withdrawn by Senator Perman?

Acting Speaker Moses: Senator Perman, care to answer?

Chairman Perman: I am just a good colleague of the Kosraean community, that’s why.

Chairman Urusemal: May I just ask, Mr. Acting Speaker? I know he is going to say something different than what I am thinking. With all due respect of the introducer of this bill, what is the connection between women and fast pitch Master team? Is it going to be a team of women going to Guam or something?

Acting Speaker Moses: Chairman Alik?

Chairman Alik: (INAUDIBLE)

Acting Speaker Moses: Is that sufficient?

Chairman Urusemal: Thank you, Mr. Acting Speaker; and Chairman Alik, a good traveling partner of mine for the good answer. Thank you.

Acting Speaker Moses: Any more discussion on the said bill? If none, debate is now closed. We will vote on C.B. No. 20-190 by roll call of Members. Chief Clerk.

The Chief Clerk took the roll call by Members.

Senator Alik Aye Senator Aritos Aye Senator Figir Aye Senator Gouland Excused Floor Leader Harper Aye Senator Konman Aye

84 May 16, 2018 CONGRESSIONAL JOURNAL –DAY SIX – 4RS – 20CFSM

Senator Neth Aye Senator Panuelo Aye Senator Perman Aye Senator Romolow Excused Senator Urusemal Aye Senator Welly Aye Speaker Simina Excused Acting Speaker Moses Aye

Chief Clerk: Mr. Acting Speaker, eleven Members voted for.

Acting Speaker Moses: Thank you, Chief Clerk. With that, Congress has passed C.B. No. 20-190 on first reading. Next bill.

Chairman Urusemal: Mr. Acting Speaker.

Acting Speaker Moses: Chairman Urusemal.

Chairman Urusemal: I move to withdraw and place C.B. No. 20-191 on the Calendar for action.

Acting Speaker Moses: I don’t see that.

Chairman Urusemal: Short recess.

Acting Speaker Moses declared the Congress recessed at 11:05 a.m., subject to the call of the Chair.

RECESS

The Congress reconvened at 11:05 a.m.

Acting Speaker Moses: Congress comes back to session. Next item, Chief Clerk.

RESOLUTION CALENDAR

None

INTRODUCTION OF BILLS

C.B. No. 20-191: Introduced by: Floor Leader Harper (By request) Assigned to: W&M Date introduced: May 16, 2018

To amend section 205 of title 52 of the Code of the Federated States of Micronesia (Annotated), as amended, for the purpose of revising the base salary of the FSM National Government, and for other purposes.

85 May 16, 2018 CONGRESSIONAL JOURNAL –DAY SIX – 4RS – 20CFSM

INTRODUCTION OF RESOLUTIONS

C.R. No. 20-93 Introduced by: Floor Leader Harper (By request) Assigned to: H&SA Date introduced: May 16, 2018

Approving and accepting a grant in the amount of $106,291 from the United States Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, to fund and support the Community Mental Health Services Administration, to fund and support the Community Mental Health Services Project in the FSM, for budget period from October 01,2017, to September 30, 2018, including all the terms and conditions of the assistance.

C.R. No. 20-94: Introduced by: Floor Leader Harper (By request) Assigned to: H&SA Date introduced: May 16, 2018

To confirm the nomination of Mr. Nena C. Ned to serve as member of the Federated States of Micronesia Social Security Board of Directors, representing the state of Kosrae.

C.R. No. 20-95: Introduced by: Floor Leader Harper (By request) Assigned to: H&SA Date introduced: May 16, 2018

Approving and accepting a grant in the amount of $386,105 from the United States Department of Health and Human Services, Centers for Dieses Control and Prevention (CDC), to fund and support the Tobacco Partnership in the FSM, including all the terms and conditions of the assistance.

C.R. No. 20-96: Introduced by: Floor Leader Harper (By request) Assigned to: T&C Date introduced: May 16, 2018

To confirm the comination of Mr. Jolden J. Johnnyboy to serve as a member of the office of the Telecommunication Regulation Authority of the Federated States of Micronesia.

C.R. No. 20-97: Introduced by: Floor Leader Harper (By request) Assigned to: T&C Date introduced: May 16, 2018

To confirm the nomination of Mr. Takuro Akinaga to serve as the Chief Executive of the Office of the Telecommunication Regulation Authority of the Federated States of Micronesia.

86 May 16, 2018 CONGRESSIONAL JOURNAL –DAY SIX – 4RS – 20CFSM

MISCELLANEOUS COMMUNICATIONS

-No. 20-17 - (dated 04/16/18 and received 04/30/17) – From Mrs. Shanty Sigrah Asher, thanking the FSM Government and particularly the Congress and Kosrae Delegation for providing funding support for her endeavour to obtain her Juris Doctor degree, which took place on May 12, 2018 from the Thomas Jefferson School of Law, and attaching a graduation announcement to that effect.

Acting Speaker Moses: Assign that Communication, Chief Clerk. Next item.

MISCELLANEOUS BUSINESS

Acting Speaker Moses: Are there any miscellaneous business?

Chairman Urusemal: Mr. Acting Speaker.

Acting Speaker Moses: Chairman Urusemal.

Chairman Urusemal: Thank you very much, Mr. Acting Speaker. I just wonder if the recommendation of JCRP or other experts that we have this communication, Presidential Communication No. 20-229, in today’s package. We are talking about 2023 and yet we have this coming to Congress asking for our favourable action. I hope that the relevant committee really have time to digest, dissect, and review this proposal. Thank you very much, Mr. Acting Speaker.

Chairman Perman: Mr. Acting Speaker.

Acting Speaker Moses: Chairman Perman.

Chairman Perman: Can we move back to Resolution Calendar?

Floor Leader Harper: Short recess.

Acting Speaker Moses declared the Congress recessed at 11:07 a.m., subject to the call of the Chair.

RECESS

The Congress reconvened at 11:12 a.m.

Acting Speaker Moses: Congress comes back to session. Are there any more miscellaneous businesses? If none, next item.

ANNOUNCEMENTS

Chairman Panuelo: Mr. Acting Speaker, point of privilege.

Acting Speaker Moses: State your point.

87 May 16, 2018 CONGRESSIONAL JOURNAL –DAY SIX – 4RS – 20CFSM

Chairman Panuelo: Mr. Acting Speaker, I have a note here of citizens who are observing our session. On our behalf, let’s recognize the presence of our Chairman of JCRP who is here observing our session: Mr. Asterio Takesy (applause). We also have other citizens who are here. I will go through their names and we give them a round of applause at the end. We have Mr. Dasiano Helgen, a constituent from Sokehs; Mr. Anthony Dainard, Pohnpei State Budget Office; Mr. Keske, FSM Supreme Court; Mr. Harry Jackson from Kosrae Public Auditor’s Office, I believe; Ms. Ruthy Luckymis from Kosrae Delegation Office. I am not sure if I pronounced the names right. These are the individuals who are here. Let’s give them a round of applause (applause). Thank you, Mr. Acting Speaker.

Acting Speaker Moses: Thank you, Chairman Panuelo. It is always nice to have our citizens observe their Congress in session. Chairman Welly, you have the floor.

Chairman Welly: Thank you, Mr. Acting Speaker. Point of information to the introduction made by Chairman Panuelo. Mrs. Ruthy Luckymis. She is our Secretary at the Kosrae Delegation Office.

Chairman Panuelo: Thank you, good Chairman Welly.

Acting Speaker Moses: Thank you. Chairman Welly, we are still on Announcements.

Chairman Welly: Thank you, Mr. Acting Speaker. To continue with my announcement, you Committee on External Affairs will have budget hearing with the overseas offices beginning tomorrow at 9:00 a.m. and we will continue in the afternoon. We will try to do as much as possible tomorrow with the overseas so we can go home. This we will be in the Hearing Room. There will be food. Thank you, Mr. Acting Speaker.

Acting Speaker Moses: Thank you, Chairman Welly. Chairman Figir.

Chairman Figir: We have Ways and Means meeting immediately after this morning’s session, in the Members’ Lounge. We will talk about the supplemental budget. For the announcement made by the Chairman of the External Affairs Committee, I will be there for the eating part, but I am not too enthusiastic about listening to the witnesses.

Acting Speaker Moses: Thank you, Chairman Figir. Chairman Alik.

Chairman Alik: Thank you, Mr. Acting Speaker. No announcements.

Acting Speaker Moses: Chairman Perman.

Chairman Perman: Short recess.

Acting Speaker Moses declared the Congress recessed at 11:15 a.m., subject to the call of the Chair.

RECESS

The Congress reconvened at 11:17 a.m.

Acting Speaker Moses: Congress comes back to session. Chairman Perman.

88 May 16, 2018 CONGRESSIONAL JOURNAL –DAY SIX – 4RS – 20CFSM

Chairman Perman: Are we having session tomorrow?

Acting Speaker Moses: That remains to be seen. We haven’t decided it yet. After Announcements, we will go into short recess –

Chairman Perman: I will hold on to my announcement till then. Thank you.

Acting Speaker Moses: Chairman Panuelo.

Chairman Panuelo: Thank you, Mr. Acting Speaker. Your R&D Committee is issuing a notice of hearing to the Department of R&D to begin with our budget hearing on Friday at 8:30 a.m. If it is not complete, we will roll it to the next day.

Floor Leader Harper: Point of privilege, Mr. Acting Speaker.

Acting Speaker Moses: Floor Leader Harper.

Floor Leader Harper: Thank you, Mr. Acting Speaker. At this time, I rise on a point of privilege to introduce a constituent of mine who was left out from the introduction that was made by Chairman Panuelo. My constituents name is ArtRay S. Irons. May I ask that we give him a round of applause? (Applause).

Acting Speaker Moses: Thank you, Floor Leader. Chairman Urusemal.

Chairman Urusemal: I also wish to introduce for recognition Mr. Pelsesar Petrus who is also sitting in the gallery (applause).

Acting Speaker Moses: Thank you, Chairman Urusemal. Any announcement?

Chairman Urusemal: Short recess.

Acting Speaker Moses declared the Congress recessed at 11:18 a.m., subject to the call of the Chair.

RECESS

The Congress reconvened at 11:20 a.m.

Acting Speaker Moses: Congress comes back to session. Chairman Urusemal.

Chairman Urusemal: Thank you very much, Mr. Acting Speaker. Your Committee on Education will start its budget hearing on the FY’19 Budget with the Department of Education, National Government starting ay 1:00 o’clock, in the afternoon in the Hearing Room. Thank you.

Acting Speaker Moses: Thank you. Vice Chairman Neth.

Senator Neth: No announcements. Thank you, Mr. Acting Speaker.

Acting Speaker Moses: Senator Aritos. Senator Konman.

89 May 16, 2018 CONGRESSIONAL JOURNAL –DAY SIX – 4RS – 20CFSM

Senator Konman: No announcements, Mr. Acting Speaker. Thank you.

Acting Speaker Moses: Short recess.

Acting Speaker Moses declared the Congress recessed at 11:21 a.m., subject to the call of the Chair.

RECESS

The Congress reconvened at 11:21 a.m.

Acting Speaker Moses: Congress comes back to session. Floor Leader Harper, any announcement?

Floor Leader Harper: Mr. Acting Speaker, I have no announcement, but I am ready to make my motion.

Acting Speaker Moses: You may proceed.

Floor Leader Harper: I make a motion that we stand in recess until Friday at 10:00 a.m.

Chairman Figir: Second.

Acting Speaker Moses: It has been moved and seconded that Congress stand in recess until Friday at 10:00 a.m. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. Congress stands in recess until 10:00 a.m., Friday morning.

Acting Speaker Moses declared that the Congress stand in recess at 11:22 a.m., Wednesday, May 16, 2018, until Friday, May 18, 2018, at 10:00 a.m.

90

CONGRESSIONAL JOURNAL TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH REGULAR SESSION

DAY SEVEN Thursday, May 17, 2018

No Session

DAY EIGHT Friday, May 18, 2018

The Eighth Day of the Fourth Regular Session of the Twentieth Congress of the Federated States of Micronesia was called to order at 10:26 a.m., Friday, May 18, 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 Aritos, Chairman Alik, Chairman Gouland, Chairman Romolow and Speaker Simina were excused.

Acting Floor Leader Urusemal: We have a quorum. Unfortunately, we don’t have enough Members to act on bills on first reading. Please take note of that. Floor Leader.

Floor Leader Harper moved to dispense with the reading of the Journal; Chairman Urusemal seconded, and the motion carried by voice vote.

PRESIDENTIAL COMMUNICATIONS

-No. 20-230 - (dated and received 05/16/18) – Transmitting a bill that will regulate pharmaceutical products. (Revised version of C.B. No. 20-142).

-No. 20-231 - (dated and received 05/16/18) – Transmitting a resolution accepting the $350,000 grant associated with the grid-tied photovoltaic project funded by the Government of Italy (as approved by the adoption of C.R. No. 16-46 in 2009; so, this is the 2nd and final tranche in order to complete this project in Chuuk.

-No. 20-232 - (dated and received 05/16/18) – Transmitting a resolution accepting a grant of $200,000 grant award from the US Department of Health and Human Services to fund the Opioid State Targeted Response (STR) program in FSM.

-No. 20-233 - (dated and received 05/16/18) – Transmitting for action a resolution approving a grant assistance made available by the U.S. Department of Health and Human Services, Health Resources and Services Administration (HRSA) in the amount of $147,000 to fund and support the FSM Maternal and Child Health Services Program managed by the FSM Department of Health and Social Affairs.

91

May 18, 2018 CONGRESSIONAL JOURNAL –DAY EIGHT – 4RS – 20CFSM

-No. 20-234 - (dated and received 05/16/18) – Transmitting for action a resolution adopting the Federated States of Micronesia National Gender Policy for the period through 2023.

-No. 20-235 - (dated and received 05/17/18) – Transmitting or action a resolution approving and accepting a foreign financial assistance made available by the United Nations Population Fund (UNFPA) in the amount of $125,000 to provide funding support to the various programmes in FSM’s leveraging effort in pursuit of the realization of the Sustainable Development Goals (SDG’s) which focuses on sexual and reproductive health, gender equality and women’s empowerment, and data availability and analysis.

Acting Speaker Moses: Members, take note and assign the Communications appropriately. Next item.

FSM SUPREME COURT COMMUNICATIONS

None

MEMBER COMMUNICATIONS

-No. 20-25 - (dated 05/10/18 and received 05/16/18) – From the Chairman of the Committee on J&GO (signed by Vice Chairman Neth), submitting a summary report on C.B. No. 20-92 (on special polling places) when it was taken to the Kosrae, Chuuk and Yap States for public hearings during the period of February 08 through March 05, 2018.

-No. 20-26 - (dated 05/10/18 and received 05/16/18) – From the Chairman of the Committee on J&GO (signed by Vice Chairman Neth), submitting a summary report on C.B. No. 20-07 (on dual citizenship) when it was taken to the Kosrae, Chuuk and Yap States for public hearings during the period of February 08 through March 05, 2018.

-No. 20-27 - (dated 05/10/18 and received 05/16/18) – From the Chairman of the Committee on J&GO (signed by Vice Chairman Neth), submitting a summary report on C.B. No. 20-115 (on the National Minimum Wage) when it was taken to the Kosrae, Chuuk and Yap States for public hearings during the period of February 08 through March 05, 2018.

-No. 20-28 - (dated 05/10/18 and received 05/16/18) – From the Chairman of the Committee on J&GO (signed by Vice Chairman Neth), submitting a summary report on C.B. No. 20-116 (on Women’s seats, temporary special measures) when it was taken to the Kosrae, Chuuk and Yap States for public hearings during the period of February 08 through March 05, 2018.

-No. 20-29 - (dated 05/10/18 and received 05/16/18) – From the Chairman of the Committee on J&GO (signed by Vice Chairman Neth), submitting a summary report on C.B. No. 20-03 (on the Repatriation Fund) when it was taken to the Kosrae, Chuuk and Yap States for public hearings during the period of February 08 through March 05, 2018.

92 May 18, 2018 CONGRESSIONAL JOURNAL –DAY EIGHT – 4RS – 20CFSM

-No. 20-30 - (dated and received 05/17/18) – From Chairman Isaac V. Figir of the W&M Committee, submitting a trip report on their (Senators Figir, and Neth, and staff attorney, Jesse Stutt, and Congress Budget Officer, Mr. Patrick Mackenzie) participation at the 36th Annual Wilshire Consulting Client Conference in Carlsbad, California, 21-28 April 2018.

DEPARTMENTAL COMMUNICATIONS

None

AGENCY OR GOVERNMENTAL AUTHORITY COMMUNICATIONS

None

STATE COMMUNICATIONS:

-No. 20-19 - (dated 04/19/18 and received 05/17/18) – From Peter L. Aten, Chairman, Chuuk State Trade Facilitation Committee, requesting for an assistance of $10,000 to fund one day summit cost with the Traditional Leadership, for the convening of the Chuuk State Leadership meeting.

Acting Speaker Moses: Assign that Communication. Next item.

STATE SUPREME COURT COMMUNICATIONS

None

MUNICIPAL OR TOWN COMMUNICATIONS

None

FOREIGN GOVERNMENT COMMUNICATIONS

-No. 20-41 - (dated 05/11/18 and received 05/16/18) – From Nguyen Thj Kim Ngan, President of the National Assembly of the S.R Vietnam, extending an invitation to the Hon. Speaker and his Congress delegation to visit Vietnam in June 2018.

Acting Speaker Moses: Assign that Communication. Order of the Day.

ORDER OF THE DAY

STANDING COMMITTEE REPORTS:

-SCR No. 20-58, RE: C.R. No. 20-81: “Approving and accepting a grant from the United Nations Development Program (UNDP), in the amount of $145,193 to fund and support the global fund project for TB/HIV in the FSM, including all the terms and conditions of the assistance.” – H&SA – (RECOMMENDS ITS ADOPTION/May 16, 2018.)

93 May 18, 2018 CONGRESSIONAL JOURNAL –DAY EIGHT – 4RS – 20CFSM

Acting Speaker Moses: Chairman Perman.

Chairman Perman: Thank you, Mr. Acting Speaker. Good morning to you, Members, and all who are observing the session this morning. Mr. Acting Speaker, I so move for the adoption of SCR No. 20-58.

Chairman Panuelo: Second.

Acting Speaker Moses: It has been moved and seconded that Congress adopt SCR No. 20-58. Discussion?

Chairman Perman: Question.

Senator Neth: Second.

Acting Speaker Moses: It has been moved and seconded that debate be closed. If there is no objection, let’s vote on the motion to close debate. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. We will now vote on SCR No. 20-58. All those in favor of the motion to adopt SCR No. 20-58 say ‘aye’ – opposed say ‘nay’. The motion is carried. SCR No. 20-58 is adopted. Next report.

-SCR No. 20-59, RE: C.R. No. 20-88: “Approving and accepting a grant in the amount of $386,105 from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, to provide funding for the FSM program entitled: "Improving health of the people of the FSM through program Leadership and Management, Surveillance and Epidemiology, Health System", including all the terms and conditions of the assistance.” – H&SA – (RECOMMENDS ITS ADOPTION/May 16, 2018.)

Acting Speaker Moses: Chairman Perman.

Chairman Perman: I so move for its adoption.

Chairman Panuelo: Second.

Acting Speaker Moses: It has been moved and seconded that Congress pass SCR No. 20-59. Discussion?

Chairman Perman: Again, Mr. Acting Speaker, this is a grant, so I move for the previous question.

Senator Konman: Second.

Acting Speaker Moses: It has been moved and seconded that debate be closed. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. Debate is now closed. Now we will vote on the motion to adopt SCR No. 20-59. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. Congress has now adopted SCR No. 20-59.

Chairman Panuelo: Mr. Acting Speaker, point of privilege.

Acting Speaker Moses: State your point.

94 May 18, 2018 CONGRESSIONAL JOURNAL –DAY EIGHT – 4RS – 20CFSM

Chairman Panuelo: Mr. Acting Speaker, good morning to you and to Members. On our behalf, I would like to introduce a few individuals who are observing our session this morning. We have our Chairman of the JCRP and Assistant Vice President for the Government Affairs, Bank of Guam. Let’s give Mr. Asterio Takesy a round of applause, please (applause). We also have Pelsesar Petrus representing the President’s Office. Let’s welcome him (applause). Mr. Acting Speaker, we have two young ladies who are here. I wish to introduce them. The first one is Rosalinda Pretrick. She is a secretary at the Ramp and Mida Law Firm. Let’s give her a round of applause (applause). The other individual is an intern at the same law firm. She is a granddaughter of Bethuel Henry, our first Speaker of the FSM Congress. Let’s welcome this young lady here and give her a round of applause, Donna Pretrick (applause). Thank you.

Acting Speaker Moses: Thank you, Chairman Panuelo for the introduction. Next item, Chief Clerk.

The Chief Clerk called attention to Awaiting List No. 20-28, for more Standing Committee Reports.

TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH REGULAR SESSION MAY 11, 2018 TO MAY 30, 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. 20-28, 8TH DAY , FRIDAY, MAY 18, 2018, AT 10:00 A.M. REPORTS SUBJECT DATE AND TIME SCR No. 20- RE: C.R. No. 20-93, “A resolution approving and accepting a 05/16/18 @ 60 grant in the amount of $106,291 from the United States 10:00 a.m. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, to fund and support the Community Mental Health Services Administration, to fund and support the Community Mental Health Services Project in the FSM, for budget period from October 01, 2017, to September 30, 2018, including all the terms and conditions of the assistance.” – Submitted by: H&SA Committee.

Acting Speaker Moses: Members, take note of the Awaiting List. Next item.

SPECIAL COMMITTEE REPORTS

None

ASSIGNMENT OF MEASURES AND COMMUNICATIONS

The Chief Clerk called attention to Referral Sheet No. 20-61.

95 May 18, 2018 CONGRESSIONAL JOURNAL –DAY EIGHT – 4RS – 20CFSM

TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH REGULAR SESSION May 11, 2018 to May 30, 2018

COMMITTEE REFERRAL

REFERRAL SHEET NO. 20-61, DAY 08, FRIDAY, 05/18/18, AT 10:00 A.M.

C.B. NO. SUBJECT COMMITTEE 20-191 To amend section 205 of title 52 of the Code of the W&M Federated States of Micronesia (Annotated), as amended, for the purpose of revising the base salary of the FSM National Government, and for other purposes. 20-192 To amend sections 202, 205,206 and 208 and to insert a R&D new section 202A of title 32 of the Code of the Federated States of Micronesia (Annotated), to amend the Foreign Investment Act of 1997, as amended, to streamline the review and screening of foreign investment applications and issuance of permits by creating a National Foreign Investment Single Window, and by providing for a transitional clause, and for other purposes. 20-193 To appropriate the sum of $1,400,000 from the General W&M Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, for the purpose of funding public projects and social programs in the states of Yap, Kosrae, Pohnpei and Chuuk, and for other purposes. C.R. NO. SUBJECT COMMITTEE 20-93 Approving and accepting a grant in the amount of H&SA $106,291 from the United States Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, to fund and support the Community Mental Health Services Administration, to fund and support the Community Mental Health Services Project in the FSM, for budget period from October 01, 2017, to September 30, 2018, including all the terms and conditions of the assistance. 20-94 To confirm the nomination of Mr. Nena C. Ned to serve H&SA as member of the Federated States of Micronesia Social Security Board of Directors, representing the state of Kosrae. 20-95 Approving and accepting a grant in the amount of H&SA $386,105 from the United States Department of Health and Human Services, Centers for Disease Control and Prevention (CDC), to fund and support the Tobacco and Diabetes Programs under the Tobacco and Diabetes Collaborative Partnership in the FSM, including all the terms and conditions of the assistance.

96 May 18, 2018 CONGRESSIONAL JOURNAL –DAY EIGHT – 4RS – 20CFSM

20-96 To confirm the nomination of Mr. Jolden J. Johnnyboy T&C to serve as a member of the Office of Telecommunication Regulation Authority of the Federated States of Micronesia. 20-97 To confirm the nomination of Mr. Takuro Akinaga to T&C serve as the Chief Executive of the Office of the Telecommunication Regulation Authority of the Federated States of Micronesia. 20-98 To congratulate United Airlines on the 50th anniversary NONE of providing service to the Federated States of Micronesia and to express its sincere best wishes for continued success and accomplishments in the coming years. PRESIDENTIAL SUBJECT COMMITTEE COMM. NO. 20-229 (dated and received 05/15/18) – Transmitting a bill to W&M revise and update the base salary schedule of the FSM National Government. MEMBER SUBJECT COMMITTEE COMM.NO. 20-23 (dated and received 05/14/18) – From the Hon. Wesley INFO. W. Simina, Speaker, 20th FSM Congress, submitting a report on the trip, which he led a FSM Congress delegation to the 138th General Assembly, in which he chaired the Asia-Pacific Group (APG), the largest geopolitical group of the IPU, and on his attendance at the other meetings of the 138th General Assembly, in Geneva. 20-24 (dated and received 05/14/18) – From the Hon. Wesley INFO. W. Simina, Speaker, 20th FSM Congress, submitting a report on the trip, which he led a FSM Congress delegation to China to honor an invitation from the Government of China, particularly from the Chairmen of the Chinese People’s Political Consultative Conference (CPPCC) and the National People’s Congress. MISCELLANEOUS SUBJECT COMMITTEE COMM. NO. 20-17 (dated 04/16/18 and received 04/30/18) – From Mrs. INFO. Shanty Sigrah Asher, thanking the FSM Government and particularly the Congress and Kosrae delegation for providing funding support for her endeavor to obtain her Juries Doctor degree, which took place on May 12, 2018 from the Thomas Jefferson School of Law, and attaching a graduation announcement to that effect.

Acting Speaker Moses: Chairmen and members of the Committees, take note of the Referral Sheet for your planning purposes.

97 May 18, 2018 CONGRESSIONAL JOURNAL –DAY EIGHT – 4RS – 20CFSM

UNFINISHED BUSINESS

None

BILL CALENDAR

C.B. No. 20-186 (2nd Reading): To amend sections 1, 3, 8 and 12 of Public Law No. 20-42, as amended by Public Laws Nos. 20-54, 20-64 and 20-67, in order to appropriate $820,000 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.

Deferred from May session to today.

Floor Leader Harper: Short recess, please.

Acting Speaker Moses declared the Congress recessed at 10:35 a.m., subject to the call of the Chair.

RECESS

The Congress reconvened at 10:35 a.m.

Acting Speaker Moses: Congress comes back to session. Chairman Figir.

Chairman Figir: I move for the passage of C.B. No. 20-186 on second and final reading.

Chairman Perman: Second.

Acting Speaker Moses: It’s been moved and seconded that Congress pass C.B. No. 20-186 on second and final reading. Discussion?

Chairman Perman: Question.

Chairman Urusemal: Short recess.

Acting Speaker Moses declared the Congress recessed at 10:36 a.m., subject to the call of the Chair.

RECESS

The Congress reconvened at 10:40 a.m.

Acting Speaker Moses: Congress comes back to session. We are still on discussion of C.B. No. 20-186.

Chairman Welly: Mr. Acting Speaker.

Acting Speaker Moses: Chairman Welly.

98 May 18, 2018 CONGRESSIONAL JOURNAL –DAY EIGHT – 4RS – 20CFSM

Chairman Welly: Good morning to you and to everyone who are observing this morning’s session. I almost sell my pants when Chairman Perman made that motion to close debate, because I have a floor amendment that I wish to offer at this time to the said bill (C.B. No. 20-186).

Acting Speaker Moses: Go ahead.

Chairman Welly: Copies have been circulation to Members. It is quite lengthy. It has seventeen pages. I will not ask our Chief Clerk to read the amendment but I move for adoption of it. Thank you, Mr. Acting Speaker.

Floor Amendment to C.B. No. 20-186 Offered by Senator Paliknoa K. Welly

C.B. No. 20-186 is hereby amended to read as follows:

1. Page 1, title, line 1, delete “1, 3, 8 and 12”, and insert “1, 2, 3, 8, 9 and 12” in lieu thereof. 2. Page 1, title, line 3, delete “$820,000” and insert “$1,445,693” in lieu thereof. 3. Page 1, title, line 4, after the number “2018”, insert the following: “to deappropriate $20,000 of funds from a particular line item, to clarify the intended use of funds for a particular line item, to designate certain allottees for multiple line items,”. 4. Page 1, line 5, delete “$82,949,033” and insert “$83,554,726” in lieu thereof. 5. Page 1, before line 18, insert the following: “Section 2. Section 2 of Public Law No. 20-42, as amended by Public Law No. 20-67, is hereby further amended to read as follows: Section 2. Operating Expenses of the Executive Branch. The sum of $19,940,717, $20,324,410 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 purpose of funding the operations of the Executive Branch of the National Government during the fiscal year 2018. The sum appropriated by this section shall be appropriated as follows: (1) Office of the President. The sum of $1,350,510 $1,488,010 or so much thereof as may be necessary, for the operations of the Office of the President during the fiscal year 2018. The sum appropriated herein shall be apportioned as follows: Personnel ...... $ 565,010 Travel ...... 200,000 297,500 Contractual Services...... 480,000 510,000 OCE ...... 100,000 110,000 Fixed Assets ...... 5,500

(2) Department of Foreign Affairs. The sum of $4,759,587 $4,877,034, or so much thereof as may be necessary, for the operations of the Department of Foreign Affairs during the fiscal year 2018. The sum appropriated herein shall be apportioned as follows: Personnel ...... $ 1,547,749 1,558,196 Travel ...... 330,508 337,508 Contractual Services...... 2,461,652 2,561,652 OCE ...... 298,672 Fixed Assets ...... 121,006

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(3) Department of Finance and Administration. The sum of $2,592,198 $2,664,698, or so much thereof as may be necessary, for the operations of the Department of Finance and Administration during the fiscal year 2018. The sum appropriated herein shall be apportioned as follows: Personnel ...... $ 1,895,775 Travel ...... 190,401 262,901 Contractual Services...... 273,966 OCE ...... 232,056 Fixed Assets ...... -0-

(4) Department of Resources and Development. The sum of $1,387,092, or so much thereof as may be necessary, for the operations of the Department of Resources and Development during the fiscal year 2018. The sum appropriated herein shall be apportioned as follows: Personnel $ 839,566 Travel ...... 253,136 Contractual Services...... 91,250 OCE ...... 192,640 Fixed Assets ...... 10,500

(5) Department of Transportation, Communications and Infrastructure. The sum of $2,617,112 $2,624,612, or so much thereof as may be necessary, for the operations of the Department of Transportation, Communications and Infrastructure during the fiscal year 2018. The sum appropriated herein shall be apportioned as follows: Personnel ...... $ 525,862 Travel ...... 184,781 192,281 Contractual Services...... 1,818,579 OCE ...... 68,245 Fixed Assets ...... 19,645

(6) Department of Health and Social Affairs. The sum of $776,428 $782,674, or so much thereof as may be necessary, for the operations of the Department of Health and Social Affairs during the fiscal year 2018. The sum appropriated herein shall be apportioned as follows: Personnel ...... $ ...... 421,445 427,691 Travel ...... 130,215 Contractual Services...... 108,617 OCE ...... 90,151 Fixed Assets ...... 26,000

(7) Department of Education. The sum of $846,306, or so much thereof as may be necessary, for the operations of the Department of Education during the fiscal year 2018. Of the total amount of funds appropriated herein, $366,598 shall be deemed to come from funds available under the Supplemental Education Grant. The sum appropriated herein shall be apportioned as follows: Personnel ...... $ 452,166 Travel ...... 181,500 Contractual Services...... 151,023 OCE ...... 56,217 Fixed Assets ...... 5,400

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(8) Department of Justice. The sum of $3,958,962 $3,988,962, or so much thereof as may be necessary, for the operations of the Department of Justice during the fiscal year 2018. The sum appropriated herein shall be apportioned as follows: Personnel ...... $ 2,739,049 Travel ...... 224,212 254,212 Contractual Services...... 525,458 OCE ...... 368,443 Fixed Assets ...... 101,800

(9) Office of the Public Defender. The sum of $1,044,083 $1,056,583, or so much thereof as may be necessary, for the operations of the Office of the Public Defender during the fiscal year 2018. The sum appropriated herein shall be apportioned as follows: Personnel ...... $ 712,321 Travel ...... 103,812 116,312 Contractual Services...... 101,050 OCE ...... 86,900 Fixed Assets ...... 40,000

(10) Department of Environment, Climate Change and Emergency Management. The sum of $412,621, or so much thereof as may be necessary, for the operations of the Department of Environment, Climate Change and Emergency Management during the fiscal year 2018. The sum appropriated herein shall be apportioned as follows: Personnel ...... $ 184,855 Travel ...... 111,546 Contractual Services...... 84,000 OCE ...... 32,220 Fixed Assets ...... -0-

(11) Office of National Archives, Culture and Historic Preservation. The sum of $195,818, or so much thereof as may be necessary, for the operations of the Office of National Archives, Culture and Historic Preservation during the fiscal year 2018. The sum appropriated herein shall be apportioned as follows: Personnel ...... $ 123,701 Travel ...... 34,503 Contractual Services...... 10,425 OCE ...... 19,892 Fixed Assets ...... 7,297”

1. Page 1, line 18, delete “Section 2” and insert “Section 3” in lieu thereof. 2. Page 2, line 3, delete “$6,153,285” and insert “$6,255,285” in lieu thereof. 3. Page 2, line 11, delete “$3,022,498” and insert “$3,064,498” in lieu thereof. 4. Page 2, line 18, delete “1,648,600” and insert “1,690,600” in lieu thereof. 5. Page 2, line 22, delete “$2,150,787” and insert “$2,210,787” in lieu thereof. 6. Page 3, line 2, delete “200,000” and insert “260,000” in lieu thereof. 7. Page 4, line 9, delete “20,000” and insert “30,000” in lieu thereof. 8. Page 4, line 10, delete “90,000” and insert “80,000” in lieu thereof. 9. Page 4, line 14, delete “Section 3” and insert “Section 4” in lieu thereof.

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10. Page 4, line 18, delete “$13,563,417” and insert “$13,683,417” in lieu thereof. 11. Page 8, after 11, insert the following: “(j) Aid for FSM Students in China...... 35,000 (k) Aid for FSM Students in Fiji...... 35,000” 12. Page 8, lines 21 and 22, delete: “(g) Caroline Islands Air (CIA) Subsidy: parts and insurance...... 160,000” and insert: “(g) Caroline Islands Air (CIA) Subsidy: fuel, parts and insurance...... 210,000” in lieu thereof. 13. Page 10, line 5, delete “70,000” and insert “50,000” in lieu thereof. 14. Page 12, after line 25, insert the following:“(z) Subsidy for PMA for medical referral and fuel for search and rescue expenses...... 20,000” 15. Page 13, before line 1, insert the following: “Section 5. Section 9 of Public Law No. 20-42, as amended by Public Laws Nos. 20-54, 20-64 and 20-67, is hereby further amended to read as follows: “Section 9. Capital and Human Resources Development. The sum of $38,400,179, 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 following capital improvements, development programs, and projects and human resources development. Of the total amount of funds appropriated herein, $1,246,022 shall be deemed to come from funds available under the Amended Compact from the Supplemental Education Grant and $5,252,250 shall be deemed to come from funds available under the Amended Compact from Compact Sector Grants. The sum appropriated by this section shall be apportioned as follows:

(1) College of Micronesia – FSM. (a) College of Micronesia–FSM ...... $ 3,800,000 (b) FSM Fisheries and Maritime Institute (FMI) ...... $ 833,915 (c) College of Micronesia-FSM SEG Funding ...... 689,948 (d) COM-FSM Build. Infrastructure Project ...... 4,252,250 (2) Department of Finance and Administration (a) FSM Warehouse Lease and Maintenance ...... 100,000 (b) PCD Awareness and Training ...... 15,000 (3) Department of Resources and Development (a) FSM Association of Chamber of Commerce/ Support to COC...... 67,000 (b) State Trade Fairs Enhancing Value Addition ...... -0- (c) R&D SNLC ...... 60,000 (d) FSM Tourism Development Framework ...... 100,000 (e) Food Security Production ...... 300,000 (f) Assistance to States for Tourism Investment Plan Implementation... -0- (g) Fortieth Session of the Governing Council of International Fund for Agriculture Dev. (IFAD) ...... 8,827 (h) National Coastal Fisheries Monitoring Team: Ongoing Monitoring Program, Assess Impacts of CEAFM Program and Climate Change ...... 16,325 (i) Chamber of Commerce: Chuuk State ...... -0- (j) Chamber of Commerce: Kosrae State ...... -0- (k) Chamber of Commerce: Pohnpei State ...... -0- (l) Chamber of Commerce: Yap State ...... -0- (m)Strengthening Organizational Planning, Management & Accountability Capacity of National/State Private Sector Organizations in the FSM 42,319 (n) National Trade & Investment Portal ...... 51,250 (o) R&D Conference ...... 80,000 (p) Implementation of Nagoya Protocol ...... -0-

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(q) Development of a Comprehensive Intellectual Property Rights Regime ...... -0- (r) Computing Facility Upgrade ...... 38,270 (s) 2018-2019 HIES ...... 261,347 (t) 2020 CPH ...... 18,331 (u) Enhancing Private Sector Competitiveness: Production of High Quality Import Substitutes and Value Added 50,000 (v) Enhancing Private Sector Competitiveness: Supporting Business and Products/Services Upgrading -0- (w)Enhancing Private Sector Competitiveness: Marketing and Promoting FSM Products Overseas and Integration into Regional/ Global Supply Chains 22,000 (4) Department of Transportation, Communications and Infrastructure (a) Operation and Dry-Docking of Caroline Voyager and Navigator ...... 1,500,000 (b) Capital Improvement Projects ...... -0- (c) Outer Island Airports ...... 2,500,000 (d) FSM National Government Computer Network ...... 100,000 (e) FSM Capital Complex (2 Story Office Building) ...... -0- (f) New Warehouse Building ...... -0- (g) Rehabilitation for all National Government Buildings ...... 150,000 (h) New Backup Generator ...... 80,000 (i) Outstanding Inaugural Stage ...... -0- (j) Y12 Aircraft Operation Project ...... -0- (k) Funding for Road, Seaport and Airport Improvement ...... -0- (l) Dry-Docking of Vessel (H1) ...... 1,200,000 (m)Prior Year Obligation for work performed on emergency relating to Pingda ...... 7 350,000 (n) Ammonia Removal Services from Pingda7 ...... 30,000 (o) AIP Lapsed Fund for Chuuk Rehabilitation Runway ...... 320,073 (5) Department of Justice (a) Satellite Phone and Usage Billings ...... -0- (b) Anti-Human Trafficking Enforcement, Campaign, and Investigation 125,000 (c) Conduct Mediation in PII Case ...... 53,000 (d) Victim Shelter and Services ...... 100,000 (e) Fuel for patrol boats for assistance in Yap State ...... 40,000 (6) Department of Environment, Climate Change and Emergency Management (a) Fostering Sustainable Solid Waste Management...... -0- (b) Hosting of Global Environment Facil. Constituency Meetings ...... 40,000 (c) Fourth Disaster Risk Management Environment Conference ...... 20,000 (d) Fifteen Thousand Gallon Water Cathcm...... 4,250 (e) Implement the FSM National Disaster Response Plan ...... 30,000 (f) Backup Generator ...... 40,000 (7) President’s Office (a) FSM Trust Fund ...... 5,000,000 (b) Implementation of ODA Policy ...... -0- (c) Compact Review Committee ...... -0- (8) National Election Commission Office (a) Voter ID Card and New Voter Registration Project ...... 50,000 (9) Department of Health and Social Affairs (a) Health Services Special Pathologist...... 58,000 (b) Food/Water Lab ...... 78,000

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(c) Medical Team 195,000 (d) Health Sector Arrears Project ...... -0- (e) Food Safety Office: Chuuk ...... -0- (f) Doctors: Foundation Project ...... 127,500 (g) MOE-BHWP Med ...... -0- (h) Empower Youth ...... -0- (i) National Surveillance ...... -0- (j) Drug Testing ...... -0- (k) National NGO ...... -0- (l) Women’s Conference...... 90,000 (m)Support for purchase of children’s medication and prevention of rheumatic heart disease ...... 90,000 (10) Department of Education (a) NDOE Year 3 Project (SEG) ...... $ 556,074 (b) School Accreditation ...... 100,000 (c) Teacher Certification Project ...... 168,000 (d) Development Quality...... 82,500 (11) Insurance Board (a) Improve and Strengthen the Country’s Insurance Statutory and Regulatory Framework -0- (b) In-House Consultation/ On Site Examination and Investigation of Affairs of Captive Insurance ...... -0- (c) Recruitment of a Captive Insurance Compliance Advisor ...... 100,000 (12) Department of Foreign Affairs (a) Acting Capacity Role ...... 36,000 (b) FSM Embassy in Suva, Fiji Residence ...... 200,000 (13) NORMA (a)Hosting of PNA Leadership Summit...... -0- (b)Capital & Human Resources Development Programs in Monitoring, Control and Surveillance (MCS) ...... 55,000 (c)Commemoration of World Tuna Day 2018 ...... 15,000 (14) National Postal Services (a)Postal Management and Financial Services ...... 210,000 (15) Office of the Public Defender (a)Case Management and Reporting System ...... -0- (b)Know Your Rights Awareness Program...... -0- (16) Other Capital and Human Resources Development (a)Conservation Society in Each State, of which $50,000 shall be for the Conservation Society in Chuuk, $50,000 shall be for the Conservation Society in Yap, $50,000 shall be for theConservation Society in Kosrae, ...... and $50,000 shall be for the Conservation Society in Pohnpei ...... 200,000 (b)Payments for Yap-Chuuk Telecommunications Cable Project, of which $1,000,000 shall be used for civil works ...... 12,000,000 (c)State Priority Infrastructure Projects: Kosrae: ...... -0- (d)State Priority Infrastructure Projects: Pohnpei ...... -0- (e)State Priority Infrastructure Projects: Chuuk ...... -0- (f)State Priority Infrastructure Projects: Yap, to be apportioned as follows: ...... 1,500,000

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(1) Airport terminal improvement ...... 380,000 (2) Improvement of Yap Commercial Dock ...... 400,000 (3) Other Priority Infrastructure Projects ...... 720,000 651,300 (4) Faith Christian Academy Construction Supplemental...... 40,000 (5) Abluul, Outer Island Community Bathrooms Construction ...... 25,000 (6) Lay Village Community Coastal Road Project ...... 3,700” 16. Page 13, line 1, delete “Section 4” and insert “Section 6” in lieu thereof. 17. Page 15, line 10, delete “.” and insert “;” in lieu thereof. 18. Page 15, after line 10, insert the following: “(ix) Section 8(6)(j) – the allottee of these funds shall be the FSM Embassy, Beijing, China; (x) Section 8(6)(k) – the allottee of these funds shall be the FSM Embassy, Suva, Fiji; (xi) Section 8(12)(z) – the allottee of these funds shall be the Governor of the State of Yap.” 19. Page 15, line 15, delete “Section 5” and insert “Section 7” in lieu thereof.

Date: May 18, 2018 Introduced by: /s/ Paliknoa K. Welly Paliknoa K. Welly

Purpose of amendments: To appropriate $625,693 in additional funds, including $137,500 for Office of the President (Travel, Contractual Services, and OCE), $72,500 for Department of Finance and Administration (Travel), $7,500 for Department of TC&I (Travel), $6,246 for Department of Health and Social Affairs (Personnel), $30,000 for Department of Justice (Travel), $12,500 for Office of the Public Defender (Travel), $100,000 for Department of Foreign Affairs (Contractual Services for Office of the Consul General in Portland, Oregon), $17,447 for Department of Foreign Affairs (Personnel and Travel for FSM Embassy in Tokyo), $42,000 for Congress: Speaker and Members (Contractual Services), $60,000 for Congress: Staff Offices (Travel), $35,000 for a Section 8(6) line item titled “Aid for FSM Students in China,” $35,000 for a Section 8(6) line item titled “Aid for FSM Students in Fiji,” $50,000 for a Section 8(7) line item for a Caroline Islands Air (CIA) subsidy for fuel and insurance, and $20,000 for a Section 8(12) subsidy for PMA; to shift $10,000 of funds from Yap Delegation Office: Contractual Services to Yap Delegation Office: Travel; to deappropriate $20,000 from a Section 8(9) line item for “Travel to Investment Advisor (Wilshire)”; to clarify the use of certain Priority Infrastructure Project funds for the State of Yap in Section 9(16); and to designate specific allottees for certain line items.”

Chairman Figir: Second.

Acting Speaker Moses: Thank you, Chairman Welly. Floor Leader, do we have any rule to suspend?

Floor Leader Harper: Thank you, Mr. Acting Speaker. I move to suspend any relevant rules that may impede our action on the amendment.

Senator Konman: Second.

Acting Speaker Moses: It has been moved and seconded that Congress suspends any rules that may impede our action, especially that rule on substantive amendments on second reading. Are there any discussions?

Chairman Figir: Question.

Chairman Welly: Second.

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Acting Speaker Moses: If no discussion, debate is closed, let’s vote. All those in favor of the said motion say ‘aye’ – opposed say ‘nay’. The motion is carried. The rules are now suspended. We are now on the motion for the floor amendment offered by Chairman Welly. Because of its length, the reading of the amendment is suspended. Are there any discussions on the motion?

Chairman Figir: I move for the previous question.

Floor Leader Harper: Second.

Acting Speaker Moses: It has been moved and seconded that debate be closed on the floor amendment. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. Debate is now closed on the offered floor amendment offered by Chairman Welly on C.B. No. 20-186. We will now vote on the amendment offered by Chairman Welly. All those in favor of the amendment offered by Chairman Welly say ‘aye’ – opposed say ‘nay’. The motion is carried. We, now, have C.B. No. 20-186, CD1.

Chairman Figir: Mr. Acting Speaker, I move, again, for the previous question and that is to vote on the bill (C.B. No. 20-186, CD1).

Senator Konman: Second.

Acting Speaker Moses: Thank you, Chairman Figir. It has been moved and seconded that we vote on the passage of C.B. No. 20-186, CD1 on second and final reading. We will vote by roll call of delegations. Floor Leader will cast the vote for Chuuk State.

The Chief Clerk took the roll call by States.

State of Chuuk: Floor Leader Harper 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.

Acting Speaker Moses: Thank you, Chief Clerk. With that, Congress has passed on second and final reading C.B. No. 20-186, CD1. Next bill.

C.B. No. 20-187, CD1 (2nd Reading): To further amend Public Law No. 20-53, as amended by Public Laws Nos. 20-57, 20-61 and 20-69, by amending sections 2 and 5 thereof, to change the use and allottee of funds previously appropriated therein, for the purpose of funding priority infrastructure projects and other projects and programs in the state of Kosrae, and for other purposes.

Acting Speaker Moses: Chairman Figir.

Chairman Figir: I move for the passage of C.B. No. 20-187, CD1 on second and final reading.

Chairman Perman: Second.

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Acting Speaker Moses: It’s been moved and seconded that Congress pass on second and final reading C.B. No. 20-187, CD1. Discussion?

Senator Konman: Mr. Acting Speaker.

Acting Speaker Moses: Senator Konman.

Senator Konman: Thank you, Mr. Acting Speaker. I have written floor amendment I wish to offer on the said Bill (C.B. No. 20-187, CD1).

Floor Amendment to C.B. No. 20-187, CD1 Offered by Senator Derensio S. Konman

C.B. No. 20-187 is hereby amended to read as follows:

4. Title, line 2, delete “sections 2 and 5”, and insert “sections 2, 4 and 5” in lieu thereof. 5. Title, line 5, delete “state of Kosrae”, and insert “states of Kosrae and Chuuk” in lieu thereof. 6. Page 4, line 18, after “Section 2”, insert the following: “Section 3. Section 4 of Public Law No. 20-53, as amended by Public Laws Nos. 20-57 and 20- 61, is hereby further amended, to read as follows: “Section 4. Of the $9,000,000 appropriated under this act, $4,500,000 shall be apportioned for priority infrastructure projects and other projects and programs in the state of Chuuk. state of Chuuk ...... $ 4,500,000 (1)At Large ...... 300,000 (a) Allottee’s administrative support services ...... 10,000 (b) Housing repair/renovation ...... 40,000 (c) Fishing projects ...... 40,000 (d) Contributions to State, Municipal and community events, activities and programs ...... 30,000 (e) Leadership/patients/students travel/COAP ...... 20,000 (f) Non-Governmental organizations/ associations/foundations ...... 40,000 (g) Women Home Economic projects ...... 15,000 (h) Municipal subsidy/prior obligations ...... 20,000 (i) Municipal traditional leaders subsidy ...... 10,000 (j) Roads/bridges/docks repair/construction/ beautification, including prior obligations ...... 30,000 (k) Students financial assistance ...... 20,000 (l) Water projects ...... 10,000 (m) Solar and other power generation projects ...... $ 10,000 (n) Social Security contributions/ outstanding arrears ...... 5,000 (2) Election District No. 1 ...... 300,000 (a) Ta airport terminal ...... 90,000

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(b) Land acquisition for public purpose ...... 48,000 (c) Mortlocks Sea Port feasibility study ...... 20,000 (d) Mortocks dispensaries needs ...... 30,000 (e) MIDA office extension and improvement ...... 36,000 (f) Mortlocks municipalities operation funds ...... 66,000 (g) Ta airport maintenance and labor cost ...... 10,000 (3) Election District No. 2 ...... 300,000 (a) Housing renovation ...... 90,000 (b) Food security ...... 50,000 (c) Travel needs ...... 40,000 (d) Land transportation ...... 20,000 (e) Water systems improvement ...... 5,000 (f) Fishing project ...... 40,000 (g) Mwan Elementary School (kitchen building) ...... 25,000 (h) Municipal governments subsidies ...... 25,000 (i) Allottee’s administrative support services ...... $ 5,000 (4) Election District No. 3 ...... 300,000 (a) Housing renovations ...... 100,000 (b) Municipal governments subsidies ...... 40,000 (c) Fishing project ...... 50,000 (d) Students financial assistance ...... 20,000 (e) Sewing project ...... 10,000 (f) Tonoas Goodwill Games prior obligations ...... 10,000 (g) Travel needs ...... 40,000 (h) POL/Charter/Freight ...... 5,000 (i) Administrative support services – ED#3 ...... 15,000 (j) Humanitarian assistance ...... 10,000 (5) Election District No. 4 ...... 300,000 (a) Humanitarian assistance ...... 50,000 (b) Sewing project ...... 20,000 (c) Fishing project ...... 40,000 (d) FDA administrative cost ...... 20,000 (e) Low income housing ...... 40,000 (f) Youth activities and programs ...... 30,000 (g) Travel needs ...... 40,000 (h) Students financial assistance ...... 30,000 (i) Land transportation ...... 30,000 (6) Election District No. 5 ...... 300,000 (a) POL/Charter/Freight ...... 20,000 (b) Leaders, students travel

108 May 18, 2018 CONGRESSIONAL JOURNAL –DAY EIGHT – 4RS – 20CFSM need (COAP) ...... $ 15,000 (c) Patients travel/Human remain repatriation ...... 10,000 (d) Northwest Leadership Summit ...... 20,000 (e) Low Income housing & Multi purpose building renovation ...... 20,000 (f) Food relief ...... 10,000 (g) Students financial assistance ...... 15,000 (h) Solar freezer ...... 30,000 (i) Solar street lights ...... 30,000 (j) Outstanding for ED#5 staff ...... 13,000 (k) Prior year obligation (Lei Side Inc.) ...... 12,000 (l) Northwest Legislative Delegation contributions ...... 10,000 (m) Municipal offices/dispensaries prefab buildings ...... 20,000 (n) Northwest Dispensary boat/motor ...... 65,000 (o) Prior year outstanding salaries for Halls Junior High School housefather and housemother and Yolap employees ...... 10,000 (7) Chuuk State Priority Infrastructure Projects ...... 2,700,000 (a) Faichuk public land acquisition ...... 100,000 (b) Northwest Island telecommunication towers $ ...... -0- (c) FSM DCA AvSec Capacity Development program/airport and terminal improvement ...... 500,000 (d) Chuuk Community Health Center ...... 30,000 (e) Chuuk State restart school program ...... 250,000 (f) Chuuk State Marine Resources Ice Plant perimeter fence ...... 40,000 (g) Northwest region leadership travel needs...... 20,000 (h) Chuuk EPA (for EIA and water/waste water- laboratory) ...... 150,000 (i) Chuuk Sports Facilities in Weno ...... 400,000 (j) Weno dock lightings and generator installation ...... 40,000 (k)Weno Xavior road supplemental funding ...... 340,000 (l)Government buildings repair/ renovation ...... 25,000 (m)Supply and Procurement Warehouse ...... 230,000 (n)Chuuk State Public Safety Building supplemental ...... 140,000 (o)Weno road upgrade supplemental ...... 80,000

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(p)Administrative and management costs ...... 200,000 (q) Environment Protection Agency’s Environment Impact Assessment for a New Dump Site ...... $ 17,000 (r) Chuuk State hospital kitchen phase I ...... 78,000 (s) Seaport transportation needs ...... 60,000”

7. Page 6, line 15, delete “Section 3”, and insert “Section 4” in lieu thereof.

Date: May 16, 2018 Introduced by:/s/ Derensio S. Konman Derensio S. Konman

Purpose of the Amendment: To change the use of the funds previously appropriated under this Act.

Acting Speaker Moses: Any second?

Chairman Figir: Second.

Acting Speaker Moses: It’s been moved and seconded that the floor amendment to C.B. No. 20-187, CD1 be adopted, offered by Senator Konman. Discussion? It’s quite lengthy so I would like to suspend the reading of the amendment.

Chairman Urusemal: Mr. Acting Speaker.

Acting Speaker Moses: Chairman Urusemal.

Chairman Urusemal: On behalf of my brother here, I take it that the relevant rules are still suspended.

Acting Speaker Moses: They are still suspended.

Chairman Urusemal: Thank you.

Acting Speaker Moses: Thank you, Chairman Urusemal. We are still on discussion of the offered floor amendment offered by Senator Konman. If no more discussion, debate is closed. Let’s vote on the adoption of the floor amendment offered by Senator Konman. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. The Congress has now adopted by floor amendment offered by Senator Derensio Konman on C.B. No. 20-187, CD1. We are now on the motion to pass C.B. No. 20-187, CD2 for second and final reading. Are there any more discussion? If none, debate is closed. We are now going to vote on C.B. No. 20-187, CD2 by roll call of delegations.

The Chief Clerk took the roll call by States.

State of Chuuk: Chairman Aritos Aye State of Pohnpei: Chairman Panuelo Aye State of Kosrae: Chairman Welly Aye State of Yap: Chairman Urusemal Aye

Chief Clerk: Mr. Acting Speaker, all the four States voted for.

110 May 18, 2018 CONGRESSIONAL JOURNAL –DAY EIGHT – 4RS – 20CFSM

Acting Speaker Moses: With that, Congress has now passed C.B. No. 20-187, CD2 on second and final reading. Next bill.

C.B. No. 20-162 (2nd Reading): To further amend Public Law No. 18-70, as amended by Public Laws Nos. 18-98, 18-112, 18-122, 19-07, 19-24, 19-41, 19-52, 19-73, 19-82, 19-101, 19-114, 19-139, 20-07, 20-16, 20-36 and 20- 52, by amending sections 4 and 6 thereof, to change the use, allottee and lapse date of certain funds previously appropriated therein, for the purpose of funding public projects and social programs for the people of Pohnpei State, and for other purposes.

Acting Speaker Moses: Chairman Figir.

Chairman Figir: I move for the passage of C.B. No. 20-162 on second and final reading.

Chairman Perman: Second.

Acting Speaker Moses: It’s been moved and seconded that Congress pass C.B. No. 20-162 on second and final reading. Discussion?

Chairman Perman: Mr. Acting Speaker.

Acting Speaker Moses: Chairman Perman.

Chairman Perman: I have a written amendment on the said bill (C.B. No. 20-162). I believe copies have already been distributed to all Members. I would like to ask that we suspend the reading of the amendment. I so move, Mr. Acting Speaker.

Floor Amendment to C.B. No. 20-162 Offered by Senator Ferny S. Perman

C.B. No. 20-162 is hereby amended to read as follows:

8. Page 2, line 22, delete “NanPohnmal road paving:” 9. Page 2, line 23, delete it in its entirety, and insert “Apwerahn road paving .. 60,000”. 10. Page 2, line 24, delete “(ii) 2nd road (Engely Albert)”, and insert “(s) Mercedes building supplemental” in lieu thereof. 11. Page 2, line 25, delete it in its entirety. 12. Page 3, line 1, delete “(s)” and insert “(t)” and delete “Nukuoru and OFA”. 13. Page 3, line 2, delete “(t)”, and insert “(u)” in lieu thereof. 14. Page 6, line 14, after “Madolenihmw”, insert “; the allottee of funds appropriated under subsection 4(4)(f) shall be the Mayor of Mwokilloa Municipal Government or his designee the allottee of funds appropriated under subsection 4(4)(l) shall be the Mayor of Pingelap Municipal Government or his designee”

Date: May 16, 2018 Introduced by:/s/ Ferny S. Perman Ferny S. Perman

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Purpose of the Amendment: To change the use of funds appropriated under this act for the State of Pohnpei.

Floor Leader Harper: Second.

Acting Speaker Moses: It’s been moved and seconded that Congress adopt the floor amendment offered by Chairman Perman to C.B. No. 20-162, and also suspend the reading of the amendment. Discussion? If no discussion, we will vote on the offered floor amendment by Chairman Perman to C.B. No. 20-162. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. We have now adopted the floor amendment to C.B. No. 20-162 offered by Chairman Perman. We are now on the motion to pass C.B. No. 20-162, CD1 on second and final reading. Are there any discussions? If none, we will now vote on C.B. No. 20-162, CD1 for second and final reading by roll call of delegations.

The Chief Clerk took the roll call by States.

State of Chuuk: Floor Leader Harper Aye State of Pohnpei: Chairman Panuelo Aye State of Kosrae: Chairman Welly Aye State of Yap: Chairman Urusemal Aye

Chief Clerk: Mr. Acting Speaker, all the four States voted in favor.

Acting Speaker Moses: Congress has now passed C. B. No. 20-162, CD1 on second and final reading. Next bill.

C.B. No. 20-165 (2nd Reading): To further amend Public Law No. 19-64, as amended by Public Laws Nos. 19-81, 19-97, 19-120, 19-137 and 20-29, by amending sections 1 and 2 thereof, to change the use, allottee and lapse date of funds previously appropriated therein, for the purpose of funding public projects and social programs in Pohnpei State, to correct technical errors, and for other purposes.

Chairman Perman: Mr. Acting Speaker.

Acting Speaker Moses: Chairman Perman.

Chairman Perman: I make a motion to defer C.B. No. 20-165 to Monday’s session.

Senator Neth: Second.

Acting Speaker Moses: It’s been moved and seconded that we defer action on C.B. No. 20-165 on second and final reading to Monday’s session.

Floor Leader Harper: Short recess.

Acting Speaker Moses declared the Congress recessed at 10:52 a.m., subject to the call of the Chair.

RECESS

112 May 18, 2018 CONGRESSIONAL JOURNAL –DAY EIGHT – 4RS – 20CFSM

The Congress reconvened at 10:53 a.m.

Acting Speaker Moses: Congress comes back to session. We are on the motion to defer C.B. No. 20-165 for second and final reading. Are there any discussions? If none, debate is closed. We will now vote for the deferment of C.B. No. 20-165 to Monday’s Calendar. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. Congress has now deferred action on C.B. No. 20-165 to Monday’s Calendar. Next bill.

C.B. No. 20-190 (2nd Reading): To further amend Public Law No. 20-60, as amended by Public Law Nos. 20-65 and 20-75 by amending section 3 thereof, to change the use of funds previously appropriated therein, to fund public projects and social programs in the state of Kosrae, and for other purposes.

Acting Speaker Moses: Chairman Figir.

Chairman Figir: I move for the passage of the said bill on second and final reading.

Floor Leader Harper: Second.

Acting Speaker Moses: It has been moved and seconded that Congress C.B. No. 20-190 for second and final reading. Discussion?

Floor Leader Harper: Mr. Acting Speaker.

Acting Speaker Moses: Floor Leader Harper, you have the floor.

Floor Leader Harper: Thank you, Mr. Acting Speaker. I have a written amendment on the bill, which I believe it has been duplicated and distributed to all Members. I move for the adoption of the written amendment.

Floor Amendment to C.B. No. 20-190 Offered by Floor Leader Florencio S. Harper

C.B. No. 20-190 is hereby amended to read as follows:

Title, line 2, delete “section 3”, and insert “sections 3 and 5” in lieu thereof. 1. Title, line 4, delete “state of Kosrae”, and insert “states of Kosrae and Chuuk” in lieu thereof. 2. Page 3, line 17, after “Section 2”, insert the following: “Section 5 of Public Law No. 20-60, as amended by Public Law No. 20-65 is hereby amended to read as follows: Section 5. Of the $4,450,000 appropriated under this act, $1,800,000 shall be apportioned for public projects and social programs in the state of Chuuk. state of Chuuk...... $ 1,800,000 (1) At Large...... 300,000 (a) Allottee’s administrative support services 30,000 (b) Contributions to State, Municipal and Community events, activities and programs 40,000 (c) Leadership/Patients/Student/ Athletes and COAP travel needs/prior obligations 35,000

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(d) Housing renovation/repair/improvement 20,000 (e) Municipal Constitutional Conventions 40,000 (f) Sports events in Guam 10,000 (g) Fishing project 20,000 (h) Students financial assistance 20,000 (i) Land Transportation 30,000 (j) Docks/Seawalls/Road improvement and beautification $ 15,000 (k) Berea Christian School 15,000 (l) Chuuk Cathedral Parish Renovation 25,000 (2) Election District No. 1...... 300,000 (a) Housing and Multipurpose building renovation, improvement and completion 100,000 (b) Community transportation needs 15,000 (c) Mortlockese [graduate] students’ current and prior debts 15,000 (d) Business start up fund 15,000 (e) Operation of Mortlock Islands Development Authority’s sea vessels 10,000 (f) Contribution to community and municipal special occasions/events 20,000 (g) Mortlocks leadership conference 50,000 (h) Solar system project 30,000 (i) Faithwalk Christian College (FCC) on Tol 10,000 (j) Caroline College and Pastoral Institute (CCPI) on Weno 10,000 (k) Berea Christian school classrooms 15,000 (l) [Seawall project] MIDA’s vessel operation 10,000 (3) Election District No. 2...... 300,000 (a) Human repatriation 10,000 (b) Chuuk Office of the Governor subsidy $ 10,000 (c) Travel needs 20,000 (d) Land transportation needs 30,000 (e) Fishing project 30,000 (f) Housing and community building renovation 100,000 (g) Municipal governments’ subsidy 50,000 (h) Food relief program 30,000 (i) Administrative support services 10,000 (j) Chuuk State Women Council subsidy 10,000 (4) Election District No. 3...... 300,000 (a) Contributions to Southern Namoneas (Guam and Hawaii) Youth 2018 Goodwill games. 20,000 (b) Sewing project ...... 10,000 (c) Fishing project 50,000 (d) Housing renovations 60,000 (e) [Students’ financial assistance 20,000] Outstanding debts to King J car rental 15,000 (f) Travel needs 40,000

114 May 18, 2018 CONGRESSIONAL JOURNAL –DAY EIGHT – 4RS – 20CFSM

(g) Medical assistance 5,000 (h) POL/Charters/Freight 5,000 (i) Community Meeting Halls 30,000 (j) Contributions to community and social events, activities and programs...... [60,000] 40,000 (k) Travel needs 20,000 (l) Berea Christian School 5,000 (5) Election District No. 4 $ 300,000 (a) Road improvement and beautification 30,000 (b) Travel needs 50,000 (c) Humanitarian assistance 50,000 (d) Low income housing repair and renovation 50,000 (e) Fishing project 50,000 (f) Business startup 10,000 (g) Solar system 30,000 (h) Repatriation of human remain and medical referral 20,000 (i) Sport events in Guam 10,000 (6) Election District No. 5 300,000 (a) Solar Freezer and Solar street lights 50,000 (b) Dispensary boat and motor 40,000 (c) Food relief program 15,000 (d) Medical referral and Human Repatriation 15,000 (e) Leaders, students and citizens travel need 15,000 (f) POL/Freight/Charter 15,000 (g) Onoun, Onou, Magur, Tamatam and Polowat Multi purpose buildings 20,000 (h) Students financial assistance 20,000 (i) Northwest Health Aide assistant 10,000 (j) Allottee’s administrative support service $ 10,000 (k) Northwest Municipal offices/ dispensaries Prefab buildings…. 30,000 (l) Land Acquisition for municipal governments 60,000” 4. Page 3, line 13, renumber “Section 2”, to read “Section 3”.

Date: May 16, 2018 Introduced by: /s/ Florencio S. Harper Florencio S. Harper

Purpose of the Amendment: To change the use of funds appropriated under this the Act.

Chairman Welly: Second.

Acting Speaker Moses: It’s been moved and seconded that the offer floor amendment to C.B. No. 20-190 offered by Floor Leader Harper be adopted, along with the suspension of the reading because of its length. Are there any discussions?

Floor Leader Harper: Mr. Acting Speaker.

115 May 18, 2018 CONGRESSIONAL JOURNAL –DAY EIGHT – 4RS – 20CFSM

Acting Speaker Moses: Floor Leader Harper

Floor Leader Harper: The amendment is very simple. It’s only in the title and on the Chuuk section under item 2 (c) and (l). Since it’s so simple, I move for the suspension of the reading amendment. Thank you. Acting Speaker Moses: Well, it’s already in the main motion that we suspend the reading. Any more discussions? If none, debate is closed on the offered floor amendment to C.B. No. 20-190 offered by Floor Leader Harper. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. The amendment is adopted. We now have C.B. No. 20-190, CD1. Discussions? If none, we will vote on the passage of C.B. No. 20-190, CD1 by delegations. Chief Clerk.

The Chief Clerk took the roll call by States.

State of Chuuk: Floor Leader Harper Aye State of Pohnpei: Chairman Panuelo Aye State of Kosrae: Chairman Welly Aye State of Yap: Chairman Urusemal Aye

Chief Clerk: Mr. Acting Speaker, all the four States voted for.

Acting Speaker Moses: Congress has now passed C.B. No. 20-190, CD1 on second and final reading.

Chairman Urusemal: Short recess.

Acting Speaker Moses declared the Congress recessed at 10:57 a.m., subject to the call of the Chair.

RECESS

The Congress reconvened at 10:59 a.m.

Acting Speaker Moses: Congress comes back to session. We will now go to Resolution Calendar.

RESOLUTION CALENDAR

C.R. No. 20-81: Approving and accepting a grant from the United Nations Development Program (UNDP), in the amount of $145,193 to fund and support the Global Fund Project for TB/HIV in the FSM, including all the terms and conditions of the assistance. – FOR ADOPTION – H&SA – (cf. SCR No. 20-58).

Acting Speaker Moses: Chairman Perman.

Chairman Perman: Thank you, Mr. Speaker. I would like to make a motion to adopt C.R. No. 20- 81.

Senator Konman: Second.

116 May 18, 2018 CONGRESSIONAL JOURNAL –DAY EIGHT – 4RS – 20CFSM

Acting Speaker Moses: It’s been moved and seconded that Congress adopt C.R. No. 20-81. Are there any discussions?

Chairman Perman: Short recess.

Acting Speaker Moses declared the Congress recessed at 11:00 a.m., subject to the call of the Chair.

RECESS

The Congress reconvened at 11:02 a.m.

Acting Speaker Moses: Congress comes back to session. We are on the discussion of the main motion now to adopt C.R. No. 20-81. Are there any discussions? If there is no discussions we will now vote on Congressional Resolution No. 20-81. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. Congress has now passed C.R. No. 20-81. Next resolution, Chief Clerk.

C.R. No. 20-88: Approving and accepting a grant in the amount of $386,105 from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, to provide funding for the FSM program entitled: "Improving health of the people of the FSM through program Leadership and Management, Surveillance and Epidemiology, Health System", including all the terms and conditions of the assistance. – FOR ADOPTION – H&SA – (cf. SCR No. 20- 59).

Acting Speaker Moses: Chairman Perman.

Chairman Perman: I so move for the adoptions of C.R. No. 20-88.

Chairman Panuelo: Second.

Acting Speaker Moses: It’s been moved and seconded that Congress pass C.R. No. 20-88. Discussion? If no discussion, debate is closed. The main motion is to adopt C.R. No. 20-88. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. Congress has now adopted C.R. No. 20-88. Next resolution, Chief Clerk.

Chief Clerk: There are none Mr. Acting Speaker.

Acting Speaker Moses declared the Congress recessed at 11:05 a.m., subject to the call of the Chair.

RECESS

The Congress reconvened at 11:05 a.m.

Acting Speaker Moses: Congress comes back to session. Chief Clerk next resolution.

Chief Clerk: There are none Mr. Acting Speaker.

Acting Speaker Moses: Next item.

117 May 18, 2018 CONGRESSIONAL JOURNAL –DAY EIGHT – 4RS – 20CFSM

INTRODUCTION OF BILLS

C.B. No. 20-192: Introduced by: Floor Leader Harper Assigned to: R&D Date introduced: May 17, 2018

To amend sections 202, 205,206 and 208 and to insert a new section 202A of title 32 of the Code of the Federated States of Micronesia (Annotated), to amend the Foreign Investment Act of 1997, as amended, to streamline the review and screening of foreign investment applications and issuance of permits by creating a National Foreign Investment Single Window, and by providing for a transitional clause, and for other purposes.

C.B. No. 20-193: Introduced by: Senator Welly Assigned to: W&M Date introduced: May 17, 2018

To appropriate the sum of $1,400,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, for the purpose of funding public projects and social programs in the states of Yap, Kosrae, Pohnpei and Chuuk, and for other purposes.

C.B. No. 20-194: Introduced by: Senator Neth Assigned to: W&M Date introduced: May 18, 2018

To further amend Public Law No. 19-124, as amended by Public Laws Nos. 19- 133, 19-140, 19-150, 20-05, 20-15, 20-33, 20-48, 20-64 and 20-71, by amending sections 4 and 6 thereof, to change infrastructure projects and other programs in the state of Pohnpei, and for other purposes.

INTRODUCTION OF RESOLUTIONS

C.R. No. 20-98: Introduced by: Speaker Simina Assigned to: None Date introduced: May 17, 2018

To congratulate United Airlines on the 50th anniversary of providing air service to the Federated States of Micronesia and to express its sincere best wishes for continued success and accomplishments in the coming years.

C.R. No. 20-99: Introduced by: Floor Leader Harper (By request) Assigned to: T&C Date introduced: May 18, 2018

Approving and accepting a grant in the amount $350,000 from the Government of Italy, to fund the Grid-Tied Photovoltaie Project in the FSM, including all the terms and conditions of the assistance.

118 May 18, 2018 CONGRESSIONAL JOURNAL –DAY EIGHT – 4RS – 20CFSM

C.R. No. 20-100: Introduced by: Floor Leader Harper (By request) Assigned to: H&SA Date introduced: May 18, 2018

Approving and accepting a $250,000 grant from the U.S. Department of Health and Human Services, to fund for the Opioid State Targeted Response Program, including all the terms and conditions of the assistance.

C.R. No. 20-101: Introduced by: Floor Leader Harper (By request) Assigned to: H&SA Date introduced: May 18, 2018

Approving and accepting a grant in the amount of $147,000 from the U.S. Department of Health and Human Services, Health Resources and Service Administration (HRSA), to fund for the Maternal and Child Health Services Program in the FSM, including all the terms and conditions of the assistance.

C.R. No. 20-102: Introduced by: Floor Leader Harper (By request) Assigned to: H&SA Date introduced: May 18, 2018

Adopting and endorsing the Federated States of Micronesia National Gender Policy to guide the Government in its effort to promote gender equity, equality, social justice and sustainable development in the Federated States of Micronesia towards the year 2023.

C.R. No. 20-103: Introduced by: Floor Leader Harper (By request) Assigned to: H&SA Date introduced: May 18, 2018

Approving and accepting a grant in the amount of $125,000 from the United Nations Population Fund (UNFPA) to fund the implementation of the FSM’s Programmes under the UNFPA Strategic Plan 2018-2021, including all the terms and conditions of the assistance.

MISCELLANEOUS COMMUNICATIONS

None

MISCELLANEOUS BUSINESS

Acting Speaker Moses: Do you have any miscellaneous business? If there are none, then next item. Chief Clerk.

ANNOUNCEMENTS

Acting Speaker Moses: Chairman Welly.

Chairman Welly: Thank you, Mr. Speaker. There are no announcements

119 May 18, 2018 CONGRESSIONAL JOURNAL –DAY EIGHT – 4RS – 20CFSM

Acting Speaker Moses: Thank you. Chairman Perman.

Chairman Perman: We are having an oversight meeting tomorrow at 9:00 a. m. with the Department of Health regarding budget. There will be breakfast and brunch.

Acting Speaker Moses: Thank you, Chairman Perman. Members, take note. Chairman Panuelo.

Chairman Panuelo: Mr. Acting Speaker, no announcements at this time. Thank you.

Acting Speaker Moses: Thank you, Chairman Panuelo. Chairman Urusemal.

Chairman Urusemal: Short recess.

Acting Speaker Moses declared the Congress recessed at 11:07 a.m., subject to the call of the Chair.

RECESS

The Congress reconvened at 11:08 a.m.

Acting Speaker Moses: Congress comes back to session. We are still in Announcement. Chairman Urusemal.

Chairman Urusemal: Thank you, Mr. Acting Speaker. As indicated in recess, there is a budget hearing this afternoon with the Department of Education National Government. The witnesses have already been notified. I hope we talk about budget and nothing else. Thank you.

Acting Speaker Moses: Thank you, Chairman Urusemal. Members, take note. Vice Chairman Neth. Vice Chairman Konman. Floor Leader Harper, any announcements before your usual motion.

Floor Leader Harper: Thank you, Mr. Acting Speaker. Since we have other applications and commitment to fulfil today, I hereby move that we stand in recess until Monday at 10:00 a.m.

Chairman Urusemal: Second.

Acting Speaker Moses: Before we move on that motion, just another announcement that there is a reception at the U.S. Embassy tonight. The purpose of the reception is to bid farewell to the DCM Joanne Cummings. If you notice on the invitations, there is RSVP (Répondez s'il vous plaît meaning "Please respond"). You can have our staff to call in Members are going to be attending or not. So the motion now is that we stand in recess until Monday. All those in favor of the motion say “aye” – opposed “nay”. The motion is carried. Congress now stands in recess until 10:00 a.m., Monday morning.

Acting Speaker Moses declared that the Congress stand in recess at 11:09 a.m., Friday, May 18, 2018, until Monday, May 24, 2018 at 10:00 a.m.

120

CONGRESSIONAL JOURNAL TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH REGULAR SESSION

DAY NINE Saturday, May 19, 2018

No Session

DAY TEN Sunday, May 20, 2018

No Session

DAY ELEVEN Monday, May 21, 2018

The Eleventh Day of the Fourth Regular Session of the Twentieth Congress of the Federated States of Micronesia was called to order at 10:42 a.m., Monday, May 21, 2018.

Speaker Wesley W. Simina presided.

A moment of silent prayer was observed.

The Chief Clerk called the roll. Nine Members were present; Senator Aritos, Chairman Romolow and Vice Speaker Moses were excused.

Floor Leader Harper moved to dispense with the reading of the Journal; Chairman Urusemal seconded, and the motion carried by voice vote.

PRESIDENTIAL COMMUNICATIONS

None

FSM SUPREME COURT COMMUNICATIONS

None

MEMBER COMMUNICATIONS

None

DEPARTMENTAL COMMUNICATIONS

None

121

May 21, 2018 CONGRESSIONAL JOURNAL –DAY 9,10 &11 – 4RS – 20CFSM

AGENCY OR GOVERNMENTAL AUTHORITY COMMUNICATIONS

-No. 20-42 - (dated and received 05/18/18) – From Mr. Roger Arnold, Chairman, NORMA Board of Directors, presenting the first copy of the “National Oceanic Management Authority Strategic Plan 2018-2023”.

Speaker Simina: Assign that communication, Chief Clerk.

STATE COMMUNICATIONS

None

STATE SUPREME COURT COMMUNICATIONS

None

MUNICIPAL OR TOWN COMMUNICATIONS

None

FOREIGN GOVERNMENT COMMUNICATIONS

None

ORDER OF THE DAY:

STANDING COMMITTEE REPORTS:

-SCR No. 20-60, RE: C.R. No. 20-93: “Approving and accepting a grant in the amount of $106,291 from the United States Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, to fund and support the community mental health services project in the FSM, For budget period from October 01, 2017, to September 30, 2018, including all the terms and conditions of the assistance.” – H&SA – (RECOMMENDS ITS ADOPTION/May 18, 2018).

Speaker Simina: Chairman Perman.

Chairman Perman: Thank you, Mr. Speaker and good morning to you and to all those who are observing our session. I would like to make a motion for the adoption of SCR No. 20-60.

Senator Konman: Second.

Speaker Simina: It is moved and seconded that Congress adopt SCR No. 20-60. Discussion. If none and no objection, discussion will be closed. All those in favor of the adoption for SCR No. 20-60 say ‘aye’ – opposed say ‘nay’. The motion is carried. SCR No. 20-60 is adopted by Congress. Next item.

Chairman Perman: Mr. Speaker, Point of Privilege.

122 May 21, 2018 CONGRESSIONAL JOURNAL –DAY 9,10 &11 – 4RS – 20CFSM

Speaker Simina: State your point, Chairman Perman.

Chairman Perman: Thank you, Mr. Speaker. I rise on the Point of Privilege to recognize a young woman from Ramp&Mida, Miss Donna Pretrick and also a gentleman Mr. ArtRay S. Irons (applause).

Speaker Simina: Thank you, Chairman Perman. Congress joins you in welcoming those individuals who are joining our session this morning. Any other reports, Chief Clerk?

Chief Clerk: There are none, Mr. Speaker.

Speaker Simina: Next item.

SPECIAL COMMITTEE REPORTS

None

ASSIGNMENT OF MEASURES AND COMMUNICATIONS:

The Chief Clerk called attention to Referral Sheet No. 20-62.

TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH REGULAR SESSION, May 11, 2018 to May 30, 2018

COMMITTEE REFERRAL

REFERRAL SHEET NO.20-62, DAY 11, MONDAY, 05/21/18, AT 10:00 A.M.

C.B. NO. SUBJECT COMMITTEE 20-194 To further amend Public Law No. 19-124, as amended W&M by Public Laws Nos. 19-133, 19-140, 19-150, 20-05, 20- 15, 20-33, 20-48, 20-64 and 20-71, by amending sections 4 and 6 thereof, to change the use and allottee of certain funds previously appropriated therein, to fund priority infrastructure projects and other programs in the state of Pohnpei, and for other purposes. PRESIDENTIAL SUBJECT COMMITTEE COMM.NO. 20-230 (dated and received 05/16/18) – Transmitting a bill that H&SA will regulate pharmaceutical products. (Revised version of C.B. No. 20-142.) 20-231 (dated and received 05/16/18) – Transmitting a T&C resolution accepting the $350,000 grant associated with the grid-tied photovoltaic project funded by the Government of Italy (as approved by the adoption of C.R. No. 16-46 in 2009; so, this is the 2nd and final tranche in order to complete this project in Chuuk. 20-232 (dated and received 05/16/18) – Transmitting a H&SA resolution accepting a grant of $250,000 grant award

123 May 21, 2018 CONGRESSIONAL JOURNAL –DAY 9,10 &11 – 4RS – 20CFSM

from the US Department of Health and Human Services to fund the Opioid State Targeted Response (STR) program in FSM. 20-233 (dated and received 05/16/18) – Transmitting for action H&SA a resolution approving a grant assistance made available by the U.S. Department of Health and Human Services, Health Resources and Services Administration (HRSA) in the amount of $147,000 to fund and support the FSM Maternal and Child Health Services Program managed by the FSM Department of Health and Social Affairs. 20-234 (dated and received 05/16/18) – Transmitting for action H&SA a Resolution adopting the Federated States of Micronesia National Gender Policy for the period through 2023. 20-235 (dated and received 05/17/18) – Transmitting or action a H&SA resolution approving and accepting a foreign financial assistance made available by the United Nations Population Fund (UNFPA) in the amount of $125,000 to provide funding support to the various programmes in FSM’s leveraging effort in pursuit of the realization of the Sustainable Development Goals (SDG’s) which focuses on sexual and reproductive health, gender equality and women’s empowerment, and data availability and analysis. MEMBER SUBJECT COMMITTEE COMM. NO. 20-25 (dated 05/10/18 and received 05/16/18) – From the J&GO/INFO. Chairman of the Committee on J&GO (signed by Vice Chairman Neth), submitting a summary report on C.B. No. 20-92 (on special polling places) when it was taken to the Kosrae, Chuuk and Yap states for public hearings during the period of February 08 through March 05, 2018. 20-26 (dated 05/10/18 and received 05/16/18) – From the J&GO/INFO. Chairman of the Committee on J&GO (signed by Vice Chairman Neth), submitting a summary report on C.B. No. 20-07 (on dual citizenship) when it was taken to the Kosrae, Chuuk and Yap states for public hearings during the period of February 08 through March 05, 2018. 20-27 (dated 05/10/18 and received 05/16/18) – From the J&GO/INFO. Chairman of the Committee on J&GO (signed by Vice Chairman Neth), submitting a summary report on C.B. No. 20-115 (on the National Minimum Wage) when it was taken to the Kosrae, Chuuk and Yap states for public hearings during the period of February 08 through March 05, 2018. 20-28 (dated 05/10/18 and received 05/16/18) – From the J&GO/INFO. Chairman of the Committee on J&GO (signed by Vice Chairman Neth), submitting a summary report on C.B. No. 20-116 (on Women’s seats, temporary special measures) when it was taken to the Kosrae, Chuuk and

124 May 21, 2018 CONGRESSIONAL JOURNAL –DAY 9,10 &11 – 4RS – 20CFSM

Yap states for public hearings during the period of February 08 through March 05, 2018. 20-29 (dated 05/10/18 and received 05/16/18) – From the J&GO/INFO. Chairman of the Committee on J&GO (signed by Vice Chairman Neth), submitting a summary report on C.B. No. 20-03 (on the Repatriation Fund) when it was taken to the Kosrae, Chuuk and Yap states for public hearings during the period of February 08 through March 05, 2018. 20-30 (dated and received 05/17/18) – From Chairman Isaac V. INFO. Figir of the W&M Committee, submitting a trip report on their (Senators Figir, and Neth, and staff attorney, Jesse Stutt, and Congress Budget Officer, Mr. Patrick Mackenzie) participation at the 36th Annual Wilshire Consulting Client Conference in Carlsbad, California, 21-28 April 2018. STATE COMM. NO. SUBJECT COMMITTEE 20-19 (dated 04/19/18 and received 05/17/18) – From Peter L. W&M Aten, Chairman, Chuuk State Trade Facilitation Committee, requesting for an assistance of $10,000 to fund one day summit cost with the Traditional Leadership, for the convening of the Chuuk State Leadership meeting. FOREIGN SUBJECT COMMITTEE GOVERNMENT COMM.NO. 20-41 (dated 05/11/18 and received 05/16/18) – From Nguyen INFO. Thj Kim Ngan, President of the National Assembly of the S.R Vietnam, extending an invitation to the Hon. Speaker and his Congress delegation to visit Vietnam in June 2018.

Speaker Simina: Chairmen and members, take note of the Referral Sheet for your planning purposes. Next item.

UNFINISHED BUSINESS

None

BILL CALENDAR:

C.B. No. 20-165 (2nd Reading): To further amend Public Law No. 19-64, as amended by Public Laws Nos. 19-81, 19-97, 19-120, 19-137 and 20-29, by amending sections 1 and 2 thereof, to change the use, allottee and lapse date of funds previously appropriated therein, for the purpose of funding public projects and social programs in Pohnpei State, to correct technical errors, and for other purposes.

Speaker Simina: Chairman Figir.

125 May 21, 2018 CONGRESSIONAL JOURNAL –DAY 9,10 &11 – 4RS – 20CFSM

Chairman Figir: Thank you, Mr. Speaker. I so move that Congress pass on second and final reading the said Bill (C.B. No. 20-165).

Speaker Simina: It is moved and seconded that Congress pass on second and final reading C.B. No. 20-165. Discussions?

Chairman Perman: Short recess.

Speaker Simina declared the Congress recessed at 10:48 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. We are still on discussion of C.B. No. 20-165. Chairman Alik, you have the floor.

Chairman Alik: Thank you, Mr. Speaker and good morning to everyone. I have a floor amendment to offer for C.B. No. 20-165. The copies have been circulated and I move for its adoption.

Chairman Welly: Second.

Speaker Simina: It is moved and seconded that Congress adopt the offered amendment to C.B. No. 20-165 which was distributed. 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 10:51 a.m.

Speaker Simina: Congress comes back to session. The offered amendment by Chairman Alik is on the behalf of Vice Speaker Moses. His written floor amendment has been distributed to Members. Chief Clerk, read the amendment on record.

The Chief Clerk read the amendment offered by Chairman Alik on behalf of Vice Speaker Moses.

Floor Amendment to C.B. No. 20-165 Offered by Vice Speaker Esmond B. Moses

C.B. No. 20-165 is hereby amended to read as follows:

1. Title, line 5, delete “Pohnpei State”, and insert “the states of Kosrae and Pohnpei.” 2. Page 7, line 13, after “designee”, insert “the allottee of funds appropriated under subsection 1 (h) of this act shall be the Mayor of Tafunsak Municipal Government or his designee.” 3. Page 8, line 5, after “Pohnpei”, insert “the allottee of funds appropriated under subsections 2 (4) (k), 2 (4) (l), 2 (4) (m) and 2 (4) (n) of this act shall be the Mayor of Pingelap Municipal Government or his designee; the allottee of funds appropriated under subsections 2 (4) (o), 2 (4) (p), 2 (4) (q), 2 (4) (r) and 2 (4) (s) of this act shall be the Mayor of Mwokilloa Municipal Government or his designee.”

126 May 21, 2018 CONGRESSIONAL JOURNAL –DAY 9,10 &11 – 4RS – 20CFSM

Date: May 16, 2018 Introduced by: /s/ Esmond B. Moses Esmond B. Moses

Purpose of Amendment: To change the allottee of funds appropriated under this act for the states of Kosrae and Pohnpei.

Floor Leader Harper: Mr. Speaker, I so move to suspend any relevant rules that may impede our actions on the amendment.

Chairman Alik: Second.

Speaker Simina: It is moved and seconded that the relevant rules that may impede our actions on the amendment especially 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 rules that may impede our actions are suspended. Are there any discussions on the floor amendment?

Senator Neth: Mr. Speaker, short recess.

Speaker Simina declared the Congress recessed at 10:53 a.m., subject to the call of the Chair.

RECESS

The Congress reconvened at 10:57 a.m.

Speaker Simina: Congress comes back to session. Chairman Alik, you have the floor.

Chairman Alik: Thank you, Mr. Speaker. I would like to withdraw my motion on the amendment and defer it to tomorrow’s calendar.

Chairman Perman: Second.

Speaker Simina: If there is no objection, it has been moved and seconded that the offered floor amendment, on behalf of Vice Speaker Moses, be withdrawn. If there is no objection, the offered floor amendment is withdrawn.

Chairman Urusemal: Short recess, Mr. Speaker.

Speaker Simina declared the Congress recessed at 10:58 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 Alik.

Chairman Alik: Thank you, Mr. Speaker. I move to defer action on the bill (C.B. No. 20-165) to tomorrow’s session.

Senator Konman: Second.

127 May 21, 2018 CONGRESSIONAL JOURNAL –DAY 9,10 &11 – 4RS – 20CFSM

Speaker Simina: It has been moved and seconded that C.B. No. 20-165 be deferred to tomorrow’s Calendar. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. The bill, C.B. No. 20-165, is deferred to tomorrow’s Calendar. Next bill.

Chairman Welly: Mr. Speaker.

Speaker Simina: Chairman Welly.

Chairman Welly: Thank you, Mr. Speaker. I move to withdraw and place C.B. No. 20-193 on today’s Calendar for action.

Senator Konman: Second.

Speaker Simina: It has been moved and seconded that C.B. No. 20-193 be withdrawn from the Committee and place on the Bill Calendar for action. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. The bill, C.B. No. 20-193, is now placed on the Bill Calendar for action. Chairman Welly.

Chairman Welly: Thank you, Mr. Speaker. I move for passage of C.B. No. 20-193 on first reading.

Senator Konman: Second.

Speaker Simina: It has been moved and seconded that C.B. No. 20-193 be passed on first reading. Chief Clerk, read the title.

C.B. No. 20-193 (1st Reading): To appropriate the sum of $1,400,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, for the purpose of funding public projects and social programs in the states of Yap, Kosrae, Pohnpei and Chuuk, and for other purposes.

Floor Leader Harper: Mr. Speaker.

Speaker Simina: Floor Leader Harper.

Floor Leader Harper: I presume that the relevant rules are still suspended.

Speaker Simina: Let the record reflect that any and all the relevant rules that might impede our action are still suspended up to this point.

Chairman Urusemal: Short recess, Mr. Speaker.

Speaker Simina declared the Congress recessed at 11:01 a.m., subject to the call of the Chair.

RECESS

The Congress reconvened at 11:03 a.m.

128 May 21, 2018 CONGRESSIONAL JOURNAL –DAY 9,10 &11 – 4RS – 20CFSM

Speaker Simina: Congress comes back to session. The motion for passage is already done. So, are there any discussions?

Floor Leader Harper: Mr. Speaker.

Speaker Simina: Floor Leader Harper.

Floor Leader Harper: I have a very minor concern. I really love the phrase that was introduced by a colleague of ours, the honorable Tony Otto that says, “for the people of all the states”. I wish to see it again to clarify that wherever our constituents are, they are entitled to the public projects. Thank you.

Speaker Simina: Thank you, Floor Leader Harper. That is a legitimate concern, because at one point, that very phrase was the salvation in getting things done when Budget And Finance argued that it doesn’t apply to places where our citizens are. That phrase sort of took care of that. For some reason, our staff have not been including it in. Maybe there is a change in implementation or administrative policy of the finance. It is something worthy of looking into. Maybe we can do it on final reading or it is up to you Floor Leader if you want to offer an amendment to it.

Floor Leader Harper: Maybe I will do it on the second reading, because I need to consult our public projects authority.

Speaker Simina: Are there any other discussions? If none, without 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 Excused Senator Figir Aye Senator Gouland Aye Floor Leader Harper Aye Senator Konman Aye Vice Speaker Moses Excused 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, eleven Members voted for.

Speaker Simina: For that reason, C.B. No. 20-193, has been passed by Congress on first reading. Next bill.

Chief Clerk: There are none, Mr. Speaker.

Speaker Simina: No other bills to withdraw? Short recess.

129 May 21, 2018 CONGRESSIONAL JOURNAL –DAY 9,10 &11 – 4RS – 20CFSM

Speaker Simina declared the Congress recessed at 11:07 a.m., subject to the call of the Chair.

RECESS

The Congress reconvened at 11:08 a.m.

Speaker Simina: Congress comes back to session. Next item.

RESOLUTION CALENDAR

C.R. No. 20-93: Approving and accepting a grant in the amount of $106,291 from the United States Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, to fund and support the Community Mental Health Services Administration, to fund and support the Community Mental Health Services Project in the FSM, for budget period from October 01, 2017, to September 30, 2018, including all the terms and conditions of the assistance. – FOR ADOPTION – H&SA – (cf. SCR No. 20-60).

Speaker Simina: Chairman Perman.

Chairman Perman: Thank you, Mr. Speaker. I make a motion for its adoption. I so move.

Chairman Welly: Second.

Speaker Simina: It has been moved and seconded that Congress adopt C.R. No. 20-93. Discussions? If none, debate is closed. Let’s vote. All those in favor of the motion to adopt C.R. No. 20-93 say ‘aye’ – opposed say ‘nay’. The motion is carried. The resolution, C.R. No. 20-93, is adopted by Congress. Next resolution.

Chief Clerk: There are none, Mr. Speaker.

Speaker Simina: Next item.

INTRODUCTION OF BILLS

None

INTRODUCTION OF RESOLUTIONS

None

MISCELLANEOUS COMMUNICATIONS

None

MISCELLANEOUS BUSINESS

Speaker Simina: Do you have any miscellaneous business? Well, let me take this opportunity to thank Vice Speaker Moses for taking care our sessions for the past few days when I was absent. I also

130 May 21, 2018 CONGRESSIONAL JOURNAL –DAY 9,10 &11 – 4RS – 20CFSM would like to thank you, Members for task for the past few days. If there is no further miscellaneous business, Announcements.

ANNOUNCEMENTS

Speaker Simina: Chairman Welly.

Chairman Welly: Thank you, Mr. Speaker. At 1:00 p.m. tomorrow, your External Affairs Committee will have budget hearing with the Department and the Office of Veterans Affairs tomorrow in the Hearing Room. Lunch will be served. All Members of Congress are invited to join. Thank you, Mr. Speaker.

Speaker Simina: Thank you, Chairman Welly. Take note, members of External Affairs Committee and all Members of Congress as well. Chairman Figir.

Chairman Figir: Thank you, Mr. Speaker. Speaker, I would like to announce and to remind Members of your committee on Ways and Means and Members of Congress that the FSM Trust Fund and the Compact Trust Fund presentation with Wilder Associates and Executive Branch this afternoon in the Conference Room, starting at 4:00 p.m. It is not going to be a long presentation, but I can assure you that you are not going to regret listening to these people. It is going to be a very informative presentation and I think we need to look into the future of what is going to be happening with our government. Thank you.

Speaker Simina: Thank you, Chairman Figir. That is an important hearing. Members, you are all invited to join the Committee on Ways and Means hearing on the Trust Fund. Vice Chairman of J&GO, Vice Chairman Neth.

Senator Neth: Thank you, Mr. Speaker. Your Committee on J&GO will have hearings for some offices on Thursday at 2:30 p.m. The notice has been sent out. Sorry, no lunch. No more Committee money (laughter).

Speaker Simina: Thank you, Vice Chairman Neth. Yes. I know your Chairman has already finished up all the money. You can borrow form the Chairman of Education. He can give you some. Chairman Alik.

Chairman Alik: Thank you, Mr. Speaker. No announcements.

Speaker Simina: Thank you, Chairman Alik. Chairman Perman.

Chairman Perman: Thank you, Mr. Speaker. We have an oversight hearing on Budget Office of National Archives today at 3:00 p.m. Tomorrow, we will be having a hearing on a nomination from Kosrae regarding Social Security at 2:30 p.m. I am hoping that someone can give me tomorrow morning, 8:30 a.m., for the Department of Health, the Gender Affairs Unit. If I have all of these, then we should be doing our mark up and mark down budget for H&SA. That would be it. Thank you, Mr. Speaker.

Speaker Simina: Thank you, Chairman Perman. Short recess.

Speaker Simina declared the Congress recessed at 11:13 a.m., subject to the call of the Chair.

RECESS

131 May 21, 2018 CONGRESSIONAL JOURNAL –DAY 9,10 &11 – 4RS – 20CFSM

The Congress reconvened at 11:15 a.m.

Speaker Simina: Congress comes back to session. Chairman Perman.

Chairman Perman: Thank you, Mr. Speaker; and thank you Chairman of R&D Committee. Because of his time, we are able to have our last hearing for the Department of Health at 9:00 o’clock, Wednesday morning.

Speaker Simina: Take note, members of H&SA. Chairman Panuelo.

Chairman Panuelo: Mr. Speaker, I have no announcement, but Chairman Gouland had just told me that the Committee on J&GO is out of Committee Rep. Fund because Chairman Romolow has too many opponents. Sorry, Vice Chairman Neth.

Speaker Simina: Thank you, Chairman Panuelo. Chairman Gouland.

Chairman Gouland: Thank you, Mr. Speaker. I would like to remind members of your Committee on T&C, including all Senators of our oversight hearing tomorrow morning, at 8:00 a.m., regarding the budget and other matters. Thank you.

Speaker Simina: Thank you, Chairman Gouland. Take note, members of T&C Committee of your hearing tomorrow at 8:00 a.m. Chairman Urusemal.

Chairman Urusemal: Can we have a short recess?

Speaker Simina declared the Congress recessed at 11:16 a.m., subject to the call of the Chair.

RECESS

The Congress reconvened at 11:21 a.m.

Speaker Simina: Congress comes back to session. Chairman Urusemal.

Chairman Urusemal: Thank you, Mr. Speaker. I wish to announce that your Committee on Education will have a budget hearing today at 1:30 p.m. with the College of Micronesia-FSM relating to the FY’19 budget, and other issues that may be of interest of the Committee and others that are in attendance. Then, on Tuesday, tomorrow, the same Committee will meet with the National Department of Education on the FY’19 at 10:00 a.m. All hearings will be in the Hearing Room. Thank you.

Speaker Simina: Thank you, Chairman Urusemal. Take note, members of Education for the hearings. Senator Konman?

Senator Konman: Thank you, I have no announcement.

Speaker Simina: Thank you, Senator Konman. Floor Leader Harper, do you have any announcements before your usual motion?

132 May 21, 2018 CONGRESSIONAL JOURNAL –DAY 9,10 &11 – 4RS – 20CFSM

Floor Leader Harper: Mr. Speaker, I have no announcement, but I know many of us have other commitments and obligations with the other offices on behalf of our constituents. Therefore, I move that we stand in recess and come back at 10:00 a.m., Thursday morning. I so move.

Senator Konman: Second.

Speaker Simina: It has been moved and seconded that Congress stand in recess until 10:00 a.m., Thursday morning. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. Congress now stands in recess until 10:00 a.m., Thursday morning.

Speaker Simina declared that the Congress stand in recess at 11:23 a.m., Monday, May 21, 2018, until Thursday, May 24, 2018, at 10:00 a.m.

133

CONGRESSIONAL JOURNAL TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH REGULAR SESSION

DAY TWELVE Tuesday, May 22, 2018

No Session

DAY THIRTEEN Wednesday, May 23, 2018

No Session

DAY FOURTEEN Thursday, May 24, 2018

The Fourteenth Day of the Fourth Regular Session of the Twentieth Congress of the Federated States of Micronesia was called to order at 10:52 a.m., Thursday, May 24, 2018.

Speaker Wesley W. Simina presided.

A moment of silent prayer was observed.

The Chief Clerk called the roll. Eleven Members were present; Chairman Gouland and Chairman Romolow were excused; Vice Speaker Moses was late.

Floor Leader Harper moved to dispense with the reading of the Journal; Chairman Urusemal seconded, and the motion carried by voice vote.

PRESIDENTIAL COMMUNICATIONS

-No. 20-236 - (dated 05/21/18 and received 05/22/18) – Transmitting a bill to appropriate $71,250 of additional funds from the Compact Supplemental Education Grant, for action.

-No. 20-237 - (dated 05/21/18 and received 05/22/18) – Transmitting for action a resolution accepting a grant in the amount of $250,000 from the Global Partnership for Education (GPE).

-No. 20-238 - (dated and received 05/24/18) – Designating Congressional Act No. 20-85 as Public Law No. 20-83, with line item vetoes: “To amend sections 1, 2, 3, 8, 9 and 12 of Public Law No. 20-42, as amended by Public Laws Nos. 20-54, 20-64 and 20-67, in order to appropriate $1,445,693 of additional funds from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, to deappropriate $20,000 of funds from a particular line

134

May 21, 2018 CONGRESSIONAL JOURNAL –DAY 9,10 &11 – 4RS – 20CFSM

item, to clarify the intended use of funds for a particular line item, to designate certain allottees for multiple line items, and for other purposes.”

Speaker Simina: There you have your supplemental. Assign those, Chief Clerk. Next item.

FSM SUPREME COURT COMMUNICATIONS

None

MEMBER COMMUNICATIONS

None

DEPARTMENTAL COMMUNICATIONS

-No. 20-44 - (dated 05/21/18 and received 05/22/18) – From Mrs. Sihna N. Lawrence, Secretary, FSM Department of Finance & Administration, attaching a copy of an update on both the ADB and World Bank projects as of May 2018.

-No. 20-45 - (dated 05/21/18 and received 05/22/18) – From Mrs. Sihna N. Lawrence, Secretary, FSM Department of Finance & Administration, transmitting copies of the proposed Financial Management Regulations, pursuant to section 102 of the Administrative Procedures Act, for public comment.

Speaker Simina: Assign those, Chief Clerk. Members, take note of Communication No. 20-45. That is a very important undertaking. Review your copies of that. Next item.

AGENCY OR GOVERNMENTAL AUTHORITY COMMUNICATIONS

None

STATE COMMUNICATIONS

None

STATE SUPREME COURT COMMUNICATIONS

None

MUNICIPAL OR TOWN COMMUNICATIONS

None

FOREIGN GOVERNMENT COMMUNICATIONS

-No. 20-42 - (dated 05/22/18 and received 05/23/18) – From Mr. Martin Chungong, Secretary General, IPU, respectfully urging and asking Congress to ratify the Protocol to Eliminate Illicit Trade in Tobacco Products, since the deadline of July 02, 2018 is rapidly approaching for the Protocol to be ratified by a minimum of 40 countries for it to enter into force.

135 May 21, 2018 CONGRESSIONAL JOURNAL –DAY 9,10 &11 – 4RS – 20CFSM

Speaker Simina: Short recess.

Speaker Simina declared the Congress recessed at 10:55 a.m., subject to the call of the Chair.

RECESS

The Congress reconvened at 10:57 a.m.

Speaker Simina: Congress comes back to session. Assign that Communication, Chief Clerk. Order of the Day.

ORDER OF THE DAY

STANDING COMMITTEE REPORTS

-SCR No. 20-54, RE: C.R. No. 20-76: “Approving and accepting a grant in the amount of $45,000 from the Ministry of Foreign Affairs of the People's Republic of China, to the Department of Foreign Affairs of the Federated States of Micronesia, including all the terms and conditions of the assistance.” – EXTERNAL AFFAIRS – (RECOMMENDS ITS ADOPTION/February 09, 2018).

Deferred on 02/13/18.

Speaker Simina: Chairman Welly.

Chairman Welly: Thank you, Mr. Speaker. Good morning. I move that Congress adopt SCR No. 20-54.

Chairman Urusemal: Second.

Speaker Simina: It has been moved and seconded that Congress adopt SCR No. 20-54. Discussions?

Chairman Welly: Mr. Speaker.

Speaker Simina: Chairman Welly.

Chairman Welly: Thank you, Mr. Speaker. This is a grant from the People’s Republic of China to our External Affairs Department. The purpose is to help them in their operations, especially office of the secretary. After our oversight hearing with them, we learned that the money, $25,000 will be used for travel and $20,000 will be used to purchase a vehicle. The detail is in the Standing Committee Report No. 20-54, in would like to be more educated on this grant here. It is specifically for the Department of External Affairs. Thank you, Mr. Speaker.

Speaker Simina: Thank you, Chairman Welly. This is coming from Foreign Affairs, because it is for them. What happened to all the million dollars?

Chairman Welly: Thank you, Mr. Speaker. We asked about the rest of the $40 million that was supposed to be given to the FSM, and there seems to be answers from the Department. Nobody seems to

136 May 21, 2018 CONGRESSIONAL JOURNAL –DAY 9,10 &11 – 4RS – 20CFSM know where the money is. But, the Committee to Wait on the President learned from him that here is a $40 million floating here somewhere. Thank you, Mr. Speaker.

Speaker Simina: Thank you, Chairman Welly.

Chairman Figir: Mr. Speaker.

Speaker Simina: Chairman Figir.

Chairman Figir: I am in support of that the Chairman of the Committee said in the discussion of the report. That is why the Chinese Government stepped in to help that department, because they seem to have lost what’s going on. But, on a serious note, I am a bit disserve about this foreign government intervening in one of our departments, especially the Department of Foreign Affairs in assisting in the operation of that department. Although, I am not happy with the way has been going, but I think this Congress and government should think about other foreign governments intervening in the department. I am not happy with it. It is partially my fault, our fault for not fully funding for that department. So, there is no other choice but to, -but then they are going to have a lot influence in the department. That’s why they don’t know what is going on. Thank you.

Speaker Simina: Thank you, Chairman Figir. That is a very valid concern. I think we should rethink our policy decision on this kind whether we would accept funding from foreign governments regarding operational cost of our government. I think that is what Chairman Figir was referring to.

Chairman Urusemal: Short recess.

Speaker Simina declared the Congress recessed at 11:01 a.m., subject to the call of the Chair.

RECESS

The Congress reconvened at 11:13 a.m.

Vice Speaker Moses entered the Chamber and took his seat at 11:11 a.m.

Speaker Simina: Congress comes back to session. We are still on discussion of SCR No. 20-54. Are there any further discussions?

Chairman Perman: Question.

Speaker Simina: Question has been called for. If there is no objection, debate is closed. Let’s vote. All those in favor of the adoption of SCR No. 20-54 say ‘aye’ – opposed say ‘nay’. The motion is carried. The report, SCR No. 20-54, is adopted by Congress. Next report.

The Chief Clerk called attention to Awaiting List No. 20-29, for more Standing Committee Reports.

137 May 21, 2018 CONGRESSIONAL JOURNAL –DAY 9,10 &11 – 4RS – 20CFSM

TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH REGULAR SESSION MAY 11, 2018 TO MAY 30, 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. 20-29, 14TH DAY , THURSDAY, MAY 24, 2018, AT 10:00 A.M. REPORTS SUBJECT DATE AND TIME SCR No. 20- RE: PRESIDENTIAL COMMUNCATION NO. 20-211 – 05/24/18 @ 61 “Fiscal Year 2019 Budget.” – Submitted by: H&SA 10:00 a.m. Committee. SCR No. 20- RE: C.R. No. 20-94, “A resolution to confirm the nomination 05/24/18 @ 62 of Mr. Nena C. Ned to serve as a member of the Federated States 10:00 a.m. of Micronesia Social Security Board of Trustees, representing the state of Kosrae.” – Submitted by: H&SA Committee.

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 11:15 a.m.

Speaker Simina: Congress comes back to session. We are still on the Standing Committee Reports Calendar. Chairman Perman.

Chairman Perman: Thank you, Mr. Speaker. Good morning to you, Vice Speaker, Members, and all that are observing our session this morning. Mr. Speaker, I would like to make a motion to place SCR No. 20-61 on our Standing Committee Reports Calendar for action.

Senator Konman: Second.

Speaker Simina: It has been moved and seconded that Standing Committee Report No. 2-61 be placed on the Standing Committee Reports Calendar for action. Floor Leader Harper.

Floor Leader Harper: Mr. Speaker, I move to suspend any rules that may impede our action on the report.

Senator Konman: Second.

Speaker Simina: It has been moved and seconded that the relevant rules, specifically the rule requiring 24-hour a waiting period for reports be suspended. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. The relevant rules are suspended. All those in favor of the of the placement of SCR No. 20-61 say ‘aye’ – opposed say ‘nay’. The motion is carried. The report, SCR No. 20-61, is placed on the Calendar for action. Chairman Perman.

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Chairman Perman: Thank you, Mr. Speaker. I move that Congress adopt SCR No. 20-61.

-SCR No. 20-61, RE: C.R. No. PRESIDIENTAL COMMUNICATION NO. 20-211, “FISCAL YEAR 2019.” – BUDGET/H&SA.

Chairman Panuelo: Second.

Speaker Simina: It has been moved and seconded that Congress adopt Standing Committee Report No. 20-61. Discussion?

Chairman Perman: Mr. Speaker.

Speaker Simina: Chairman Perman.

Chairman Perman: Thank you, Mr. Speaker. I believe that all Members have gone through the report and get the idea of the proposed budget of FY’19. Approximately about $800,000 was less than the FY’18. So, it sums up to $2,364,917. Much of these degrees, Mr. Speaker, were in section under projects. Funding to support scholarship for our students going into help related field was moved to Education. The electronic data records project needs to be evaluated success of previous projects before dedicating more money. Have you all know that most of the grants coming in are for data collection and all of these. Youth, sport project and Rheumatic Heart project based, this one was also deleted because we’ve given them on our last session, and $90,000 for the same purpose. That money hasn’t been obligated yet. So, we want them to use that money before they’re asking for extra funding on that one. The awareness and the campaign training were also decline of the U.S. grant. That’s the result, like I said, we need more information on those because they already have those on-going projects. What’s added onto the report, if you notice, under environment, the three new positions, and basically this is the one for our exposing tuna to the EU. So, they already have two people working in Chuuk, so they’ve been asking it for the past three years, so the committee decided to let them have three more so we can raise our standards in exporting fish to the EU (European Union) countries. There is another increase, a new position for the national archives. So, we have new archivist. They’ve been also asking this for the past two years. So, the committee decided to also help them out on this one. If I am missing out on some important points, I ask members of the Committee to also try to help out with this report. Thank you, Mr. Speaker.

Speaker Simina: Thank you very much, Chairman Perman for the summary of the report. Are there any further discussions on the reports from members of H&SA committee, from Members? If there is no discussion, debate is closed. So let’s vote. All those in favor of the adoption of the Standing Committee Report No. 20-61 say ‘aye’ – opposed say ‘nay’. The motion is carried. Standing Committee Report has been adopted by Congress. Next report. Chief Clerk.

Chief Clerk: There are none, Mr. Speaker.

Chairman Perman: Short recess, Mr. Speaker.

Speaker Simina declared the Congress recessed at 11:20 a.m., subject to the call of the Chair.

RECESS

The Congress reconvened at 11:21 a.m.

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Speaker Simina: Congress comes back to session. Any more reports? Take a look at the Awaiting List, Members. Next item.

SPECIAL COMMITTEE REPORTS

None

ASSIGNMENT OF MEASURES AND COMMUNICATIONS

The Chief Clerk called attention to Referral Sheet No. 20-63.

TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH REGULAR SESSION May 11, 2018 to May 30, 2018

COMMITTEE REFERRAL

REFERRAL SHEET NO. 20-63, DAY 14, THURSDAY, 05/24/18, AT 10:00 A.M.

C.B. NO. SUBJECT COMMITTEE 20-195 To further amend Title 41 of the Federated States of H&SA Micronesia (Annotated), by creating a new chapter 12 to establish the FSM Pharmaceutical Act of 2018, and for other purposes. C.R. NO. SUBJECT COMMITTEE 20-99 Approving and accepting a grant in the amount of T&C $350,000 from the Government of Italy, to fund the Grid-Tied Photovoltaic Project in the FSM, including all the terms and conditions of the assistance. 20-100 Approving and accepting a $250,000 grant from the H&SA U.S. Department of Health and Human Services, to fund for the Opioid State Targeted Response Program, including all the terms and conditions of the assistance. 20-101 Approving and accepting a grant in the amount of H&SA $147,000 from the U.S. Department of Health and Human Services, Health Resources and Service Administration (HRSA), to fund for the Maternal and Child Health Services Program in the FSM, including all the terms and conditions of the assistance. 20-102 Adopting and endorsing the Federated States of H&SA Micronesia National Gender Policy to guide the Government in its effort to promote gender equity, equality, social justice and sustainable development in the Federated States of Micronesia towards the year 2023. 20-103 Approving and accepting a grant in the amount of H&SA $125,000 from the United Nations Population Fund (UNFPA) to fund the implementation of the FSM’s Programmes under the UNFPA Strategic Plan 2018 –

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2021, including all the terms and conditions of the assistance. AGENCY OR SUBJECT COMMITTEE GOVERNMENTAL AUTHORITY COMM. NO. 20-42 (dated and received 05/18/18) – From Mr. Roger R&D/INFO. Arnold, Chairman, NORMA Board of Directors, presenting the first copy of the “National Oceanic Management Authority Strategic Plan 2018-2023”.

Speaker Simina: Chairmen and members, take a look at the Referral Sheet for your planning purposes. Next item.

UNFINISHED BUSINESS

None

BILL CALENDAR

C.B. No. 20-165 (2nd Reading): To further amend Public Law No. 19-64, as amended by Public Laws Nos. 19-81, 19-97, 19-120, 19-137 and 20-29, by amending sections 1 and 2 thereof, to change the use, allottee and lapse date of funds previously appropriated therein, for the purpose of funding public projects and social programs in Pohnpei State, to correct technical errors, and for other purposes.

Speaker Simina: Chairman Figir.

Chairman Figir: Thank you, Mr. Speaker. I move for the passage of the bill (C.B. No. 20-165) on second and final reading.

Chairman Welly: Second.

Speaker Simina: It has been moved and seconded that Congress passed on second and final reading C.B. No. 20-165. Discussion?

Senator Neth: Mr. Speaker.

Speaker Simina: Vice Chairman Neth.

Senator Neth: I have a written amendment that I would like to offer on the said bill (C.B. No. 20-165).

Speaker Simina: Short recess.

Speaker Simina declared the Congress recessed at 11:23 a.m., subject to the call of the Chair.

RECESS

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The Congress reconvened at 11:28 a.m.

Speaker Simina: Congress comes back to session. We are still on discussion of C.B. No. 20-165. Chairman Alik.

Chairman Alik: Thank you, Mr. Speaker. Good morning. I have a floor amendment to offer to C.B. No. 20-165. Copies have been circulated. I move to dispense with the reading of the amendment, as it is a long one. Thank you, Mr. Speaker.

Floor Amendment to C.B. No. 20-165 Offered by Senator Alik L. Alik

C.B. No. 20-165 is hereby amended to read as follows:

15. Title, line 5, delete “Pohnpei State”, and insert “the States of Kosrae and Pohnpei”. 16. Page 4, line 5, delete “20,000”, and insert “15,000” in lieu thereof. 17. Page 5, line 2, delete “Nansalohi water system”, and insert “Students’ financial assistance” in lieu thereof. 18. Page 5, line 5, delete “Nanmand (Kitti) Bridge 60,000”, and insert “Coral purchase/equipment rental ...... $80,000” in lieu thereof. 19. Page 5, line 6, delete “20,000”, and insert “0” in lieu thereof. 20. Page 5, line 12, delete “Toamwoarahlong Water System 20,000”, and insert “Wapar civic center 15,000” in lieu thereof. 21. Page 5, line 15, delete “Pwoaipwoai Farm Road 12,500”, and insert “Travel needs 6,500” in lieu thereof. 22. Page 5, line 17, delete “Ipwitek Community Water System”, and insert “Nanmand civic center/retaining wall” in lieu thereof. 23. Page 5, line 19, delete “Wapar Community Water System upgrade”, and insert “APIPA conference participants” in lieu thereof. 24. Page 5, line 20, delete “Water Storage, Catchment, and Supplies”, and insert “Dien water system” in lieu thereof. 25. Page 5, between lines 22 and 23, insert the following: “(x) Youth groups needs ...... 10,000 (y) Madolenihmw roadside cleaning ...... 6,000” 11.Page 6, line 6, delete “100,000”, and insert “50,000” in lieu thereof. 26. Page 6, between lines 20 and 21, insert the following: “(t) Officials travel to Micro Games ...... 5,000 (u) Outreach/COAP/travel needs ...... 25,000 (v) Paving of Awak Pah culvert ...... 20,000” 27. Page 7, line 13, after “designee”, insert “the allottee of funds appropriated under subsection 1(h) of this act shall be the Mayor of Tafunsak Municipal Government or his designee.” 28. Page 8, line 5, after “Pohnpei”, insert “the allottee of funds appropriated under subsections 2(4)(k), 2(4)(l), 2(4)(m) and 2(4)(n) of this act shall be the Mayor of Pingelap Municipal Government or his designee; the allottee of funds appropriated under subsections 2(4)(o), 2(4)(p), 2(4)(q), 2(4)(r) and 2(4)(s) of this act shall be the Mayor of Mwokilloa Municipal Government or his designee.”

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Date: May 21, 2018 Introduced by: /s/ Alik. L. Alik Alik L. Alik

Purpose of the Amendment: To change the use and allottee of funds under this the Act for Kosrae, ED#2 and ED#3, Pohnpei.

Speaker Simina: Thank you, Chairman Alik. Because of its length, we will dispense with its reading. There is an offered floor amendment, which has been moved for adoption offered by Chairman Alik to C.B. No. 20-165. Floor Leader Harper.

Floor Leader Harper: Thank you, Mr. Speaker. I move to suspend any relevant rule that may impede our action on the floor amendment offered by Chairman Alik.

Senator Konman: Second.

Speaker Simina: It has been moved and seconded that any 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, now, suspended. We are still on discussion of the offered floor amendment. Discussions? If none, debate is closed. Let’s vote. All those in favor of the adoption of the floor amendment to C.B. No. 20-165 say ‘aye’ – opposed say ‘nay’. The motion is carried. The offered floor amendment is adopted. We now have C.B. No. 20-165, CD1. Are there any further discussion on C.B. No. 20-165, 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 State of Yap: Chairman Urusemal Aye

Chief Clerk: Mr. Speaker, all the four states voted for.

Speaker Simina: For that reason, C.B. No. 20-165, CD1 has been passed by Congress on second and final reading. Next bill.

C.B. No. 20-193 (2nd Reading): To appropriate the sum of $1,400,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, for the purpose of funding public projects and social programs in the states of Yap, Kosrae, Pohnpei and Chuuk, and for other purposes.

Speaker Simina: Chairman Figir.

Chairman Figir: I move for the passage of the said bill (C.B. No. 20-193) on the second and final reading.

Chairman Perman: Second.

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Speaker Simina: It has been moved and seconded that Congress has passed on second and final reading C.B. No. 20-193. Discussion? Any discussion?

Chairman Welly: Mr. Speaker.

Speaker Simina: Chairman Welly.

Chairman Welly: Thank you, Mr. Speaker. I have a written floor amendment I wish to over in the said bill.

Speaker Simina: Proceed.

Chairman Welly: Thank you, Mr. Speaker. Copies have been circulated to Members. Like the other amendment earlier, it is quite lengthy. I will not ask Chief Clerk to read this amendment, rather move for its adoption. Thank you.

Amendment to C.B. No. 20-193 Offered by Senator Paliknoa K. Welly

C.B. No. 20-193 is hereby amended to read as follows:

1. Page 1, between lines 11 and l2, insert the following: “(a) COM-FSM National Yapese students’ financial assistance; PROVIDED THAT eligibility is based on students maintaining a 2.00 GPA and enrolled full time……………………………………………………$ 50,000 (b) Medical referral for non0insured patients………… 100,000 (c) Current and prior obligation/debts of Yapese patients at Palau Hospital………………………………………………… 50,000 2. Page 1, between lines 15 and 16, insert the following: “(a) Utwe Biosphere Reserve Project…………………..$ 29,000 (b) Finpe Canal Clearing and Rehabilitation project. …………. 21,000 (c) Contribution to Thomas Jefferson School of Law Scholarship… 7,000 (d) Sialat, Tafunsak Drainage project……………………………… 10,000 (e) Kosrae Tennis Association……………………………………... 23,000 (f) Kosrae Wrestling Federation…………………………………… 10,000 (g) APIPA conference participants……………………………... 10,000 (h) Kosrae Volleyball Team to Micro-games, Yap State………. 5,000 (I) Material filling/ road improvement / equipment rental /POL (Kupyac, Tafunsak)……………………………………………………….. 10,000 (j) Walung Elementary School lunch program…………………. 30,000 (k) Kosrae Island Resources Management Authority subsidy…………. 10,000 (l) Utwe Farmers Association…………………………………………… 10,000 (m) Lelu Women Organization………………………………………….. 25,000 3. Page 2, between lines 2 and 3, insert the following: “(a) Nukuoro Lien Alem vehicle purchase………………………… 7,000 (b) Madolenihmw Municipal Government vehicle purchase………… 7,000 (c) Nett Municipal Government vehicle purchase…………………… 8,000 (d) Lehn Depengenioal Rd, Nett (Souliken Sokele)…………………… 33,000 (e) Pohnpei Local Council Associations summit……………………… 15,000 (f) Medical Referral……………………………………………………… 15,000

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(g) Seinwar School computers…………………………………………… 15,000 4. Page 2, between lines 3 and 4, insert the following: “(a) Purchase of air conditions………………………………… 15,000 (b) Telecom fiber conditions……………………………………… 35,000 (c) Purchase of boat trailer and related costs…………….. 7,500 (d) Transportation/maintenance/repair………………………. 12,500 (e) Solar lights installation……………………………………… 10,000 (f) Outer Island Community house materials……………………. 10,000 (g) Purchase of Corals…………………………………… 10,000 5. Page 2, between lines 4 and 5, insert the following: “(a) Kitti Isokenedi Speaker’s Office subsidy…………………….. 10,000 (b) Kitti leadership Outreach/travel needs……………………. 20,000 (c) Ohwa Christian High School subsidy……………………….. 15,000 (d) Coral purchase/delivery/equipment rental…………… 40,000 (e) Paies water system improvement………………………… 5,000 (f) Madolenihmw Speaker’s Office subsidy……………….. 10,000” 6. Page 2, between lines 5 and 6, insert the following: “(a) Land filling materials – Nan U community center……… 25,000 (b) Nett school coral filling…………………………… 25,000 (c) Awak School celebration of learning/student’s activities and supplies……………………………………………………………… 10,000 (d) Saladak school celebration of learning/student’s activities and supplies…………………………………………………… 10,000 (e) Mwokiloa Municipal Government subsidy/travel needs………… 15,000 (f) Pingelap Municipal Government subsidy/travel needs……………. 15,000 7. Page 2, between lines 10 and 11, insert the following: “(a) Contributions to state, municipal and community activities, Programs and events…………………………………………………. 40,000 (b) Housing renovations……………………………………….. 30,000 (c) Travel needs………………………...………………. 30,000” 8. Page 2, between lines 11 and 12, insert the following: “(a) Mortlock Vessels’ operation…………………………………... 100,000 9. Page 2, between lines 12 and 13, insert the following: “(a) Leadership conference…………………………………. 10,000 (b) Administrative support service……………………………. 20,000 (c) Travel needs………………………………………………… 40,000 (d) Municipal Government Subsidies…………………………… 20,000 (e) Contribution to Chuukese Associations in Portland……………. 10,000” 10. Page 2, between lines 13 and 14, insert the following: “(a) Purchase of medicine………………………………………… 10,000 (b) Housing supplemental…………………………………………. 20,000 (c) Chuuk Health Care Plan……………………………………….. 10,000 (d) Travel needs……………………………………………………. 10,000 (e) Fishing project………………………………………………….. 20,000 (f) Sewing project………………………………………………….. 10,000 (g) SNDA boats and outboard motors………………………………. 20,000 11. Page 2, between lines 14 and 15, insert the following: “(a) Faichuk leadership conference………………………………. 25,000 (b) Current and prior obligations for teachers/staff Foup Elementary School………………………………………………………………. 20,000

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(c) Low Income Housing……………………………………………. 30,000 (d) Fishing project………………………………………………. 25,000 12. Page 2, between lines 15 and 16, insert the following: “(a) Solar Lights…………………………………………………….. 10,000 (b) Solar freezer……………………………………………………… 20,000 (c) POL/Freight/Charter………………………………………….. 15,000 (d) Administrative support service……………………………… 10,000 (e) Food relief program…………………………………………… 15,000 (F) Leaders/Patients/Students travel needs………………………….. 30,000 13. Page 3, between line 2, after “designee”, insert “PROVIDED THAT the allottee of funds appropriated under subsections 3(a) to 3(f) of this act shall be the Mayor of Tafunsak Municipal Government or his designee; the allottee of funds appropriated under subjections 3(g) to 3(m) shall be the Mayor of Lelu Town Government or his designee; the allottee of funds appropriated under subsections 4(2) (a) to 4(2) (g) of this act shall be the Secretary of the Department of Transportation, Communications and infrastructure or his designee; the allottee of funds appropriated under subsection 4(3) (a) of this act shall be the speaker of Kitti Municipal Government or his designee; the allottee of funds appropriated under subsection 4(3) (f) of this act shall be the Speaker of Madolenihmw Municipal Government or his designee; the allottee of funds appropriated under subsection 4(4) (e) of this act shall be the Mayor of Mwokiloa Municipal Government or his designee; the allottee of funds appropriated under subsections 4(4) (f) of this act shall be the mayor of Pingelap Municipal Government or his designee.

Date: May 24, 2018 Introduced by: /s/ Paliknoa K. Welly Paliknoa K. Welly

Purpose of the Amendement: To specify the use of funds and allottees in this proposed bill.

Senator Konman: Second.

Speaker Simina: It has been moved and seconded that the offered floor amendment to C.B. No. 20-193, offered by Chairman Welly be adopted. Because of its length, we will dispense with its reading. Discussion? The relevant rules are still suspended up to this point.

Floor Leader Harper: Mr. Speaker.

Speaker Simina: Floor Leader Harper.

Floor Leader Harper: I have an oral amendment to offer to the written amendment made by Senator Welly. On page 2, item 8, under the small letter (a) which says, “Mortlock vessel operation,” delete all those words, and in lieu thereof insert, “Mortlock Islands Development Authority’s (MIDA’s) operation”. Thank you, Mr. Speaker.

Chairman Welly: Second.

Speaker Simina: It has been moved and seconded that the offered oral amendment by Floor Leader Harper to the written floor amendment be adopted. Discussion?

Chairman Urusemal: Mr. Speaker.

Speaker Simina: Yes?

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Chairman Urusemal: Do I take it that MRA cannot pay for the operation of the individual as an employee that is why we are funding for the operation?

Speaker Simina: Short recess.

Speaker Simina declared the Congress recessed at 11:34 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. Any discussion on the offered oral amendment? If none, debate is closed. Let’s vote on the offered oral amendment. All those in favor say ‘aye’ – opposed say ‘nay’. The motion is carried. The offered oral amendment is adopted. We are still on discussion of the offered floor amendment by Chairman Welly as amended by Floor Leader Harper.

Senator Aritos: Mr. Speaker.

Speaker Simina: Senator Aritos.

Senator Aritos: I also have an oral amendment that I wish to offer to the written amendment.

Speaker Simina: Proceed.

Senator Aritos: Page 3, letter d, delete “fishing project”, and insert “humanitarian assistance”. I so move, Mr. Speaker.

Chairman Urusemal: Second.

Speaker Simina: It has been moved and seconded that the offered oral amendment by Senator Aritos to the written floor amendment be adopted. Discussion? If none, let’s vote. All those in favor of the offered oral amendment by Senator Aritos say ‘aye’ – opposed say ‘nay’. The motion is carried. The oral amendment is adopted. We are still on discussion of the main motion.

Chairman Panuelo: Mr. Speaker.

Speaker Simina: Chairman Panuelo.

Chairman Panuelo: Mr. Speaker, I would like to offer an oral amendment to Chairman Welly’s floor amendment. On page 1, item 3 (f), delete “Pwudoi Marine Sanctuary”, and insert in lieu thereof “Medical referral support”. The amount remains the same. I so move, Mr. Speaker.

Chairman Perman: Second.

Speaker Simina: It has been moved and seconded that the offered oral amendment by Chairman Panuelo be adopted. Discussion? If no discussion, it is closed. Let’s vote. All those in favor of the motion to adopt the oral amendment by Chairman Panuelo say ‘aye’ – opposed say ‘nay’. The motion is carried. The offered amendment by Chairman Panuelo is adopted. Are there any further discussions on the main motion?

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Chairman Urusemal: Mr. Speaker.

Speaker Simina: Chairman Urusemal.

Chairman Urusemal: Thank you very much, Mr. Speaker, I would like to continue the oral amendments here if I may.

Speaker Simina: Proceed.

Chairman Urusemal: Thank you, Mr. Speaker. Page 1, item 1, after “students”, insert in lieu thereof, “maintain at least 2.0 GPA”. Continue on that same phrase where it says “fulltime”, move that $50,000 a little bit over because $50,000 and fulltime are a little bit crowded together. Letter c, after “Palau”, and before “Hospital”, insert “National”. Thank you, Mr. Speaker. I so move.

Floor Leader Harper: Second.

Speaker Simina: It has been moved and seconded that the offered oral amendment by Chairman Urusemal to the main motion be adopted. Discussion? If none, debate is closed. Let’s vote. All those in favor of the motion by Chairman Urusemal say ‘aye’ – opposed say ‘nay’. The motion is carried. The oral amendment is adopted. Are there any further discussion on the main motion?

Senator Konman: Mr. Speaker.

Speaker Simina: Senator Konman.

Senator Konman: Thank you, Mr. Speaker. I also have an oral amendment that I wish to offer.

Speaker Simina: Proceed.

Senator Konman: Thank you, Mr. Speaker. On page 2, paragraph 10, letter b, delete “housing supplemental”, and insert “Southern Namoneas Leadership Conference” in lieu thereof. I so move, Mr. Speaker.

Chairman Welly: Second.

Speaker Simina: It has been moved and seconded that the offered oral amendment by Senator Konman be adopted. Are there any discussions? If none, debate is closed. Let’s vote. All those in favor of the offered oral amendment by Senator Konman say ‘aye’ – opposed say ‘nay’. The motion is carried. The oral amendment by Senator Konman is adopted. Are there any further discussion on the main motion as amended five times?

Vice Speaker Moses: Mr. Speaker.

Speaker Simina: Vice Speaker Moses.

Vice Speaker Moses: Thank you, Mr. Speaker. I wish to make an oral amendment to the said amendment.

Speaker Simina: Proceed.

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Vice Speaker Moses: On page 2, item 6 (c), delete “Awak School celebration of learning and students’ activities and supplies”, and insert “medical referral program”. Item 6 (d), include “Awak and Saladak”. I so move, Mr. Speaker.

Chairman Welly: Second.

Speaker Simina: It has been moved and seconded that the offered amendment by Vice Speaker Moses be adopted. Any discussions? If none, let’s vote. All those in favor of the offered oral amendment by Vice Speaker Moses say ‘aye’ – opposed say ‘nay’. The motion is carried. The offered oral amendment is adopted. We are still on the main motion as amended several times. Further discussions? If none, debate is closed. Let’s vote. All those in favor of the floor amendment to C.B. No. 20-193 by Chairman Welly as amended say ‘aye’ – opposed say ‘nay’. The motion is carried. The floor amendment is adopted. We now have C.B. No. 20-193, CD1. Any further discussion on the bill (C.B. No. 20-193, CD1)?

Chairman Perman: Question.

Speaker Simina: Question has been called for. If there is no objection, we will vote on the bill (C.B. No. 20-193, CD1) 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. 20-193, CD1, has been adopted by Congress on second and final reading. Next bill.

Chairman Figir: Mr. Speaker.

Speaker Simina: Chairman Figir, you have the floor.

Chairman Figir: Thank you, Mr. Speaker. I move to withdraw and place C.B. No. 20-131 on the Bill Calendar for action.

Senator Konman: Second.

Speaker Simina: It has been moved and seconded that C.B. No. 20-131 be withdrawn from the Committee and placed on the Bill Calendar for action. Any relevant rules that might impede our action are still suspended up to this point. Let’s vote. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. C.B. No. 20-131 is now withdrawn from the Committee and placed on the Bill Calendar for action.

Chairman Urusemal: Short recess, Mr. Speaker.

Speaker Simina declared the Congress recessed at 11:44 a.m., subject to the call of the Chair.

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RECESS

The Congress reconvened at 11:53 a.m.

Speaker Simina: Congress comes back to session. Make your motion for passage, Chairman Figir.

Chairman Figir: Mr. Speaker, I move for passage of C.B. No. 20-131 on first reading.

C.B. No. 20-131 (1st Reading): 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.

Chairman Perman: Second.

Speaker Simina: It has been moved and seconded that Congress pass on first reading C.B. No. 20-131. Discussions?

Chairman Figir: Question.

Speaker Simina: Question has been called for. Let’s vote by roll call of Members.

The Chief Clerk took the roll call by Members.

Senator Alik Aye Senator Aritos Aye Senator Figir Aye Senator Gouland Excused Floor Leader Harper Aye 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, twelve Members voted for.

Speaker Simina: Congress has passed the bill, C.B. No. 20-131, on first reading. Next bill.

Vice Speaker Moses: Mr. Speaker, point of information.

Speaker Simina: State your point.

Vice Speaker Moses: So that means if the Vice Speaker is acting for 90-days then I get compensated as well?

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Speaker Simina: We will have to seek the legal opinion of our legal people. Next bill, Chief Clerk.

Chief Clerk: There are none, Mr. Speaker.

Chairman Perman: Mr. Speaker.

Speaker Simina: Chairman Perman.

Chairman Perman: Thank you, Mr. Speaker. I would like to make a motion for us to go back to Standing Committee Reports Calendar.

Speaker Simina: If there is no objection, we will now go back to the Standing Committee Reports Calendar.

STANDING COMMITTEE REPORTS

Speaker Simina: Chairman Perman, you have the floor.

Chairman Perman: Thank you, Mr. Speaker. I would like to place SCR No. 20-62 on our Standing Committee Reports Calendar.

Chairman Panuelo: Second.

Speaker Simina: It has been moved and seconded that Standing Committee Report No. 20-62 be placed on the Standing Committee Reports Calendar for action. The relevant rules are still suspended up to this point. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. The report, SCR No. 20-62, is placed on the Calendar for action. Chairman Perman.

-SCR No. 20-62, RE: C.R. No. 20-94, “To confirm the nomination of Mr. Nena C. Ned to serve as member of the Federated States of Micronesia Social Security Board of Directors, representing the state of Kosrae.

Chairman Perman: Thank you, Mr. Speaker. I make a motion to adopt SCR No. 20-62.

Chairman Panuelo: Second.

Speaker Simina: It has been moved and seconded that SCR No. 20-62 be adopted. Discussion?

Chairman Perman: Mr. Speaker.

Speaker Simina: Chairman Perman.

Chairman Perman: Thank you very much, Mr. Speaker. I just want to let Members know that as of now, because of the diseased of Mr. Keller and no representative from Kosrae, they don’t have a quorum. They are asking us if we can act on this. I would appreciate the support of Members on this. Thank you.

Speaker Simina: Thank you, Chairman Perman. Are there any other discussions?

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Floor Leader Harper: Mr. Speaker.

Speaker Simina: Floor Leader Harper.

Floor Leader Harper: Thank you, Mr. Speaker. I must really admit that I did sign the report just for the sake of making the signature quorum, but I did not attend the hearing on the nomination. What I would like to ask is the procedure of the nomination from the states. How or who is responsible for submitting the nomination? Is it the Office of the President or is it the state?

Chairman Perman: Short answer, “Office of the President”.

Speaker Simina: Constitutionally, it is the responsibility of the President to submit nominations. With respect to Social Security it’s even more sole, because the Social Security Law is specific that the President has no consultation, but it should be a practice to do so.

Floor Leader Harper: So that’s what I’m trying to go after, whether there is no need to consult the state for their nominations.

Speaker Simina: Chairman Perman. Has there been any consultations?

Chairman Perman: Yes. Actually, we’ve communicated with the Governor of Kosrae State, but again we looked into the it, regarding the law, it doesn’t really say that the President should consult with the other states. Maybe courtesy, yes, but not to be consulted with them. Thank you.

Speaker Simina: Thank you, Chairman Perman.

Chairman Perman: Just to add on, Kosrae State is here. Because, I’m looking at Chairman Welly and Chairman Alik, they are also from Kosrae, representing Kosrae State. I’ve actually approach them. So, we’re good on that.

Speaker Simina: Thank you. Are there any further discussions on the report? If none, if there is no objection debate is closed. Let’s vote. All those in favor of the adoption of the standing committee report No. 20-62 say ‘aye’ – opposed say ‘nay’. The motion is carried. The report, Standing Committee Report No. 20-62, is adopted by Congress. Next report.

Chief Clerk: There are none, Mr. Speaker.

Speaker Simina: If there is no objection, we will now move back down to Resolution Calendar.

RESOLUTION CALENDAR

C.R. No. 20-76: Approving and accepting a grant in the amount of $45, 000 from the ministry of foreign affairs, of the Peoples Republic of China to the department of foreign affairs of the Federated States of Micronesia including all the terms and conditions of the assistance. – FOR ADOPTION – EX.AFF. – (cf. SCR No. 20-54).

Speaker Simina: Chairman Welly.

Chairman Welly: Thank you. I move for adoption of the said resolution (C.R. No. 20-76).

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Chairman Perman: Second.

Speaker Simina: It has been moved and seconded that Congress adopts Congress Resolution No. 20-76. Any discussions on the resolution?

Chairman Welly: Mr. Speaker.

Speaker Simina: Yes.

Chairman Welly: I don’t know what the fuss is about this grant here. We get grants coming from EOS to the Department of Health all the time, without objection from Members. This should be in consistent with all the kinds that were issued. So please adopt this.

Speaker Simina: What is all the fuss, Chairman Figir? You have the floor.

Chairman Figir: Well, I don’t know. I shouldn’t be the one asked, because I always vote against the grant to the Health Department. We’ve been getting all these millions of dollars and no improvement or there is very little improvement. They said eradicate some kind of communicable disease but those are still going on. Especially in my state. I don’t know, but for the Department of Foreign Affairs, although Peoples’ Republic of China has always been our best friend, the friendship, I believe, is going to continue to be cemented and it’s going to the future. I think we should protect our integrity and not accept any other donation into that department. Another department I care less. That’s where I’m coming from.

Speaker Simina: Thank you Chairman Figir, for your candid explanation of your fuss. Is there any discussion? Debate is closed, so let’s vote. All those in favor of the adoption of resolution No. 20-76 say ‘aye’ – opposed say ‘nay’. The motion is carried. Resolution No. 20-76 has been adopted by Congress. Next resolution.

C.R. No. 20-94: To confirm the nomination of Mr. Nena C. Ned to serve as member of the Federated States of Micronesia Social Security Board of Directors, representing the state of Kosrae.

Speaker Simina: Chairman Perman.

Chairman Perman: I humbly ask Members to adopt and confirm this nomination.

Chairman Welly: Second.

Speaker Simina: It has been moved and seconded that Congress adopt C.R. No. 20-94. Discussions?

Chairman Figir: Question.

Speaker Simina: Question has been called for. If there is no objection, debate is closed. Let’s vote. This is a nomination so it requires ten votes. Short recess.

Speaker Simina declared the Congress recessed at 12:04 p.m., subject to the call of the Chair.

RECESS

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The Congress reconvened at 12:06 p.m.

Speaker Simina: Congress comes back to session. Chief Clerk, announce the results.

Chief Clerk: Mr. Speaker, eleven Members voted for, one against.

Speaker Simina: The nomination is confirmed. Let’s give him a round of applause, please (applause). Thank you. Next resolution.

Chairman Welly: Mr. Speaker.

Speaker Simina: Chairman Welly.

Chairman Welly: Thank you, Mr. Speaker. I move to withdraw and place C.R. No. 20-91 on today’s Calendar for action.

Speaker Simina declared the Congress recessed at 12:07 p.m., subject to the call of the Chair.

RECESS

Senator Aritos and Senator Konman left the Chamber at 12:11 p.m.

The Congress reconvened at 12:14 p.m.

Speaker Simina: Congress comes back to session. We are on the motion to withdraw and place C.R. No. 20-91. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. The resolution, C.R. No. 20-91, is now placed on the Resolution Calendar for action.

Floor Leader Harper: Mr. Speaker.

Speaker Simina: Floor Leader Harper.

Floor Leader Harper: Thank you, Mr. Speaker. I move to withdraw and place C.R. No. 20-98 on the Resolution Calendar for action.

Chairman Perman: Second.

Speaker Simina: It has been moved and seconded that C.R. No. 20-98 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. 20-98, is placed on the Calendar for action. Chairman Welly.

Chairman Welly: Thank you, Mr. Speaker. I move for adoption of C.R. No. 20-91.

C.R. No. 20-91: Approving and accepting a non-project grant aid from the Government of Japan in the amount of $350,000,000 Japanese Yen to the Government of the Federated States of Micronesia, for economic and social programs, including all the terms and conditions of the assistance.

Chairman Perman: Second.

154 May 21, 2018 CONGRESSIONAL JOURNAL –DAY 9,10 &11 – 4RS – 20CFSM

Speaker Simina: It has been moved and seconded that C.R. No. 20-91 be adopted. Discussions? If none, debate is closed. Let’s vote. All those in favor of the motion to adopt C.R. No. 20-91 say ‘aye’ – opposed say ‘nay’. The motion is carried. The resolution, C.R. No. 20-91, is adopted by Congress. Next resolution, Floor Leader Harper.

C.R. No. 20-98: To congratulate United Airlines on the 50th anniversary of providing air service to the Federated States of Micronesia and to express its sincere best wishes for continued success and accomplishments in the coming years.

Floor Leader Harper: I so move, Mr. Speaker.

Chairman Welly: Second.

Speaker Simina: It has been moved and seconded that Congress adopt C.R. No. 20-98. Discussion? If no discussion, debate is closed. Let’s vote. All those in favor of the adoption of C.R. No. 20-98 say ‘aye’ – opposed say ‘nay’. The motion is carried. The resolution, C.R. No. 20-98, is adopted. Next resolution, Chief Clerk.

Chief Clerk: There are none, Mr. Speaker.

Speaker Simina: Next item.

INTRODUCTION OF BILLS

C.B. No. 20-195: Introduced by: Floor Leader Harper (By request) Assigned to: H&SA Date introduced: May 22, 2018

To further amend Title 41 of the Federated States of Micronesia (Annotated), by creating a new chapter 12 to establish the FSM Pharmaceutical Act of 2018, and for other purposes.

C.B. No. 20-196: Introduced by: Floor Leader Harper (By request) Assigned to: W&M Date introduced: May 24, 2018

To further amend sections 1 and 9 of the Public Law No. 20-42, as amended by Public Laws Nos. 20-57 and 20-67 by appropriating $71,250 of additional Supplemental Education Grant for the National Department of Education, and for other purposes.

C.B. No. 20-196: Introduced by: Floor Leader Harper (By request) Assigned to: W&M Date introduced: May 24, 2018

To further amend sections 1 and 9 of Public Law No 20-42, as amended by Public Laws Nos. 20-57 and 20-67 by appropriating of $71,250 of additional Supplemental Education Grant for the National Department of Education, and for other purposes.

155 May 21, 2018 CONGRESSIONAL JOURNAL –DAY 9,10 &11 – 4RS – 20CFSM

C.B. No. 20-197: Introduced by: Floor Leader Harper (By request) Assigned to: W&M Date introduced: May 28, 2018

To amend sections 1 and 12 of Public Law No. 20-42, as amended by Public Laws Nos. 20-54, 20-64 and 20-67, in order to appropriate the sum of $200,100.70 of additional funds from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, to fund the operation of the Project Management Unit (PMU) under the Department of Transportation Communications & Infrastructure for the remainder of the fiscal year, and for other purposes.

C.B. No. 20-198: Introduced by: Senator Figir Assigned to: W&M Date introduced: May 24, 2018

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, 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.

INTRODUCTION OF RESOLUTIONS

C.R. No. 20-104: Introduced by: Senator Urusemal Assigned to: None Date introduced: May 24, 2018

Authorizing the President to submit the Recommended National Government Compact Budget Request, as revised pursuant to Congress’s recommendations, to the United States under Article V of the Fiscal Procedures Agreement.

MISCELLANEOUS COMMUNICATIONS

None

MISCELLANEOUS BUSINESS

Speaker Simina: Do you have any miscellaneous business? If none, Announcements.

ANNOUNCEMENTS

Speaker Simina: Chairman Welly.

156 May 21, 2018 CONGRESSIONAL JOURNAL –DAY 9,10 &11 – 4RS – 20CFSM

Chairman Welly: Thank you, Mr. Speaker. No announcements, from your Committee on External Affairs.

Speaker Simina: Thank you. Chairman Figir.

Chairman Figir: No announcements, Mr. Speaker.

Chairman Urusemal: Short recess, Mr. Speaker.

Speaker Simina declared the Congress recessed at 12:17 p.m., subject to the call of the Chair.

RECESS

The Congress reconvened at 12:19 p.m.

Speaker Simina: Congress comes back to session. Vice Chairman Neth, announcements.

Senator Neth: [INAUDIBLE]

Speaker Simina: Thank you, Vice Chairman Neth. Take note, members. Chairman Alik.

Chairman Alik: Thank you, Mr. Speaker. No announcements.

Speaker Simina: Chairman Perman.

Chairman Perman: No announcements, Mr. Speaker.

Speaker Simina: Chairman Panuelo.

Chairman Panuelo: Mr. Speaker, no announcements. Thank you.

Speaker Simina: Chairman Urusemal.

Chairman Urusemal: Just an information for members. Please hang around so you can sign the committee report on the budget today, tomorrow, or Monday. Thank you.

Speaker Simina: Thank you, Chairman Urusemal. Vice Speaker Moses? Short recess.

Speaker Simina declared the Congress recessed at 12:20 p.m., subject to the call of the Chair.

RECESS

The Congress reconvened at 12:22 p.m.

Speaker Simina: Congress comes back to session. Floor Leader, announcements, and then make your motion.

157 May 21, 2018 CONGRESSIONAL JOURNAL –DAY 9,10 &11 – 4RS – 20CFSM

Floor Leader Harper: Thank you, Mr. Speaker. My motion is for us to stand in recess until 10:00 a.m., Monday.

Chairman Urusemal: Second

Speaker Simina: It has been moved and seconded that we stand in recess until Monday morning. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. Congress stands in recess until Monday morning, 10:00 a.m.

Speaker Simina declared that the Congress stand in recess at 12:22 p.m., Thursday, May 24, 2018, until Monday, May 28, 2018, at 10:00 a.m.

158

CONGRESSIONAL JOURNAL TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH REGULAR SESSION

DAY FIFTEEN Friday, May 25, 2018

No Session

DAY SIXTEEN Saturday, May 26, 2018

No Session

DAY SEVENTEEN Sunday, May 27, 2018

No Session

DAY EIGHTEEN Monday, May 28, 2018

The Eighteenth Day of the Fourth Regular Session of the Twentieth Congress of the Federated States of Micronesia was called to order at 10:30 a.m., Monday, May 28, 2018.

Speaker Wesley W. Simina presided.

A moment of silent prayer was observed.

The Chief Clerk called the roll. Ten Members were present; Chairman Gouland, Chairman Romolow, Chairman Panuelo, 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. 20-239 - (dated 05/24/18 and received 05/25/18) – Transmitting a bill for a supplemental appropriation in the total amount of $200,10 to support and fund the operation of the Project Management Unit (PMU) for the remaining months of the fiscal year.

Speaker Simina: Assign that Communication, Chief Clerk. Next item.

159

May 28, 2018 CONGRESSIONAL JOURNAL –DAY 15,16, 17 &18 – 4RS – 20CFSM

FSM SUPREME COURT COMMUNICATIONS

None

MEMBER COMMUNICATIONS

-No. 20-31 - (dated and received 05/24/18) – From Chairman Isaac V. Figir of the Committee on Ways & Means on the post-2023 Trust Fund Outlook presentation on May 21, 2018, by Ms. Maggie Ralbovsky (Wilshire Associates) to the FSM Congress and the Executive Branch.

Speaker Simina: Assign that Communication, Chief Clerk. 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

None

ORDER OF THE DAY

STANDING COMMITTEE REPORTS

The Chief Clerk called attention to Awaiting List No. 20-30.

TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH REGULAR SESSION MAY 11, 2018 TO MAY 30, 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

160 May 28, 2018 CONGRESSIONAL JOURNAL –DAY 15,16, 17 &18 – 4RS – 20CFSM

NO. 20-30, 18TH DAY, MONDAY, MAY 28, 2018, AT 10:00 A.M. REPORTS SUBJECT DATE AND TIME SCR No. 20- RE: PRESIDENTIAL COMMUNCATION NO. 20-211 – 05/28/18 @ 63 “Fiscal Year 2019 Budget.” – Submitted by: EDUC 10:00 a.m. Committee.

Speaker Simina: Short recess.

Speaker Simina declared the Congress recessed at 10:33 a.m., subject to the call of the Chair.

RECESS

The Congress reconvened at 10:33 a.m.

Speaker Simina: Congress comes back to session. Next item.

SPECIAL COMMITTEE REPORTS

None

ASSIGNMENT OF MEASURES AND COMMUNICATIONS

The Chief Clerk called attention to Referral Sheet No. 20-64.

TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH REGULAR SESSION May 11, 2018 to May 30, 2018

COMMITTEE REFERRAL

REFERRAL SHEET NO. 20-64, DAY 18, MONDAY, 05/28/18, AT 10:00 A.M.

C.B. NO. SUBJECT COMMITTEE 20-196 To further amend sections 1 and 9 of the Public Law No. W&M 20-42, as amended by Public Laws Nos. 20-57 and 20- 67 by appropriating $71,250 of additional Supplemental Education Grant for the National Department of Education, and for other purposes. C.R. NO. SUBJECT COMMITTEE 20-104 Authorizing the President to submit the Recommended NONE National Government Compact Budget Request, as revised pursuant to Congress’s recommendations, to the United States under Article V of the Fiscal Procedures Agreement.

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PRESIDENTIAL SUBJECT COMMITTEE COMM.NO. 20-236 (dated 05/21/18 and received 05/22/18) – W&M Transmitting a bill to appropriate $71,250 of additional funds from the Compact Supplemental Education Grant, for action. 20-237 (dated 05/21/18 and received 05/22/18) – Transmitting EDUC. for action a resolution accepting a grant in the amount of $250,000 from the Global Partnership for Education (GPE). 20-238 (dated and received 05/24/18) – Designating W&M Congressional Act No. 20-85 as Public Law No. 20-83, with line item vetoes: “To amend sections 1, 2, 3, 8, 9 and 12 of Public Law No. 20-42, as amended by Public Laws Nos. 20-54, 20-64 and 20-67, in order to appropriate $1,445,693 of additional funds from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, to deappropriate $20,000 of funds from a particular line item, to clarify the intended use of funds for a particular line item, to designate certain allottees for multiple line items, and for other purposes.” DEPARTMENTAL SUBJECT COMMITTEE COMM. NO. 20-44 (dated 05/21/18 and received 05/22/18) – From Mrs. W&M Sihna N. Lawrence, Secretary, FSM Department of Finance & Administration, attaching a copy of an update on both the ADB and World Bank projects as of May 2018. 20-45 (dated 05/21/18 and received 05/22/18) - From Mrs. W&M Sihna N. Lawrence, Secretary, FSM Department of Finance & Administration, transmitting copies of the proposed Financial Management Regulations, pursuant to section 102 of the Administrative Procedures Act, for public comment. FOREIGN SUBJECT COMMITTEE GOVERNMENT COMM. NO. 20-42 (dated 05/22/18 and received 05/23/18) – From Mr. R&D Martin Chungong, Secretary General, IPU, respectfully urging and asking Congress to ratify the Protocol to Eliminate Illicit Trade in Tobacco Products, since the deadline of July 02, 2018 is rapidly approaching for the Protocol to be ratified by a minimum of 40 countries for it to enter into force.

Speaker Simina: Chairmen and members, take a look at the Referral Sheet for your planning purposes. Next item.

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UNFINISHED BUSINESS

None

BILL CALENDAR

C.B. No. 20-131 (1st Reading): 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.

Speaker Simina: Short recess.

Speaker Simina declared the Congress recessed at 10:35 a.m., subject to the call of the Chair.

RECESS

The Congress reconvened at 10:48 a.m.

Speaker Simina: Congress comes back to session. Chairman Welly, you have the floor.

Chairman Welly: Thank you, Mr. Speaker. I move to defer action on the said bill (C.B. No. 20-131).

Vice Speaker Moses: Second.

Speaker Simina: It has been moved and seconded that the bill, C.B. No. 20-131, 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. 20-131, is deferred to the next session of Congress. Next bill.

Chief Clerk: There are none, Mr. Speaker.

Acting Floor Leader Urusemal: Mr. Speaker.

Speaker Simina: Acting Floor Leader.

Acting Floor Leader Urusemal: Thank you, Mr. Speaker. I move that we go back to the Standing Committee Reports Calendar.

Senator Konman: Second.

Speaker Simina: It has been moved and seconded that we go back up to item fourteen, Standing Committee Reports Calendar. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. We, now, are on the Standing Committee Reports Calendar.

STANDING COMMITTEE REPORTS

Speaker Simina: Chairman Urusemal.

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Chairman Urusemal: Thank you, Mr. Speaker. I move to withdraw and place SCR No. 20-63. I so move.

Senator Konman: Second.

Speaker Simina: It has been moved and seconded that that Standing Committee Report No. 20-63 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. 20-63, is placed on the Calendar. Let the record reflect that the relevant rules are suspended, specifically the rule requiring 24-hour period. Make your motion, Chairman Urusemal.

Chairman Urusemal: Thank you, Mr. Speaker. I move that Congress adopt SCR No. 20-63.

Chairman Welly: Second.

Speaker Simina: It has been moved and seconded that Congress adopt SCR No. 20-63. Discussion?

Vice Speaker Moses: Mr. Speaker.

Speaker Simina: Vice Speaker Moses.

Vice Speaker Moses: I move for the previous question.

Speaker Simina: If there is no objection, debate is closed. Let’s vote. All those in favor of the adoption of SCR No. 20-63 say ‘aye’ – opposed say ‘nay’. The motion is carried. The report, SCR No. 20- 63, is adopted. Next report.

Chief Clerk: There are none, Mr. Speaker.

Speaker Simina: We will move back to our regular order, Resolution Calendar.

RESOLUTION CALENDAR

Speaker Simina: Chairman Urusemal.

Chairman Urusemal: Can we go back to Bill Calendar?

Speaker Simina: 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. If there is no objection, we will go back to Bill Calendar.

164 May 28, 2018 CONGRESSIONAL JOURNAL –DAY 15,16, 17 &18 – 4RS – 20CFSM

BILL CALENDAR

Speaker Simina: Chairman Urusemal.

Chairman Urusemal: Thank you, Mr. Speaker. With all due respect to the Chairman, but most especially to the Vice Chairman of the Committee on J&GO, I move to withdraw C.B. No. 20-151and place on today’s Bill Calendar. I so move.

Chairman Welly: Second.

Speaker Simina: It has been moved and seconded that C.B. No. 20-151 be withdrawn from the Committee and placed on the Bill Calendar for action. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. The bill, C.B. No. 20-151, is placed on the Bill calendar for action. Let the record reflect that any relevant rules that might impede our action are still suspended up to this point. Chairman Urusemal.

Chairman Urusemal: I move that C.B. No. 20-151 be deferred to the next session of Congress.

Chairman Welly: Second.

Speaker Simina: It has been moved and seconded that the said bill, 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 now deferred to the next session. Next bill. Short recess.

Speaker Simina declared the Congress recessed at 10:54 a.m., subject to the call of the Chair.

RECESS

The Congress reconvened at 10:58 a.m.

Speaker Simina: Congress comes back to session. If there is no objection, we will go back to the Resolution Calendar.

RESOLUTION CALENDAR

Speaker Simina: Acting Floor Leader, can you place the two resolutions?

Chairman Urusemal: There is one on the Resolutions Calendar.

Speaker Simina: 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.

Speaker Simina: Congress comes back to session. Acting Floor Leader.

165 May 28, 2018 CONGRESSIONAL JOURNAL –DAY 15,16, 17 &18 – 4RS – 20CFSM

Chairman Urusemal: Thank you, Mr. Speaker. I move to withdraw and place C.R. Nos. 20-104 and 20-105. I so move.

Chairman Perman: Second.

Speaker Simina: It has been moved and seconded that C.R. Nos. 20-14 and 20-105 be placed on the Resolution Calendar for action. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. The said resolutions are now placed no the Resolution Calendar for action. Let the record reflect that the relevant rules are still suspended.

Chairman Perman: Mr. Speaker.

Speaker Simina: Chairman Perman.

Chairman Perman: Thank you, Mr. Speaker. I would also like to make a motion to withdraw and place C.R. Nos. 20-95, 20-100, 20-101, and 20-103. I so move, Mr. Speaker.

Chairman Welly: Second.

Speaker Simina: It has been moved and seconded that the resolutions, C.R. Nos. 20-95, 20-100, 20-101, and 20-103 be withdrawn and placed on the Calendar for action. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. The said resolutions are withdrawn and placed on the Resolution Calendar for action. First resolution.

C.R. No. 20-104: Authorizing the President to submit the Recommended National Government Compact Budget Request, as revised pursuant to Congress’s recommendations, to the United States under Article V of the Fiscal Procedures Agreement.

Speaker Simina: Chairman Urusemal.

Chairman Urusemal: I so move, Mr. Speaker.

Chairman Perman: Second.

Speaker Simina: It has been moved and seconded that Congress adopt C.R. No. 20-104. Discussion? 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 11:02 a.m.

Speaker Simina: Congress comes back to session. Are there any discussions on the resolution (C.R. No. 20-104)? If none, debate is closed. Let’s vote. All those in favor of the adoption of C.R. No. 20- 104 say ‘aye’ – opposed say ‘nay’. The motion is carried. The resolution, C.R. No. 20-104, is adopted by Congress. Next resolution.

166 May 28, 2018 CONGRESSIONAL JOURNAL –DAY 15,16, 17 &18 – 4RS – 20CFSM

C.R. No. 20-105: Expressing the sincere condolences and sadness to the family of the late Daniel Kahikina Akaka, at his passing on April 6, 2018.

Speaker Simina: Chairman Urusemal.

Chairman Urusemal: I so move for the adoption of the said resolution, C.R. No. 20-05.

Senator Konman: Second.

Speaker Simina: It has been moved and seconded that the resolution, C.R. No. 20-105, be adopted. Just for the record, the reason why this resolution had just been brought up is because we just started with session in May. This unfortunate thing happened in early April, so, I guess it is just part of our process. That is why it is late in coming. Are there any other discussions? If none, without objection, debate is closed. All those in favor of the adoption of C.R. No. 20-105 say ‘aye’ – opposed say ‘nay’. The motion is carried. The resolution, C.R. No. 20-105, is adopted. Next resolution.

C.R. No. 20-95: Approving and accepting a grant in the amount of $386,105 from the United States Department of Health and Human Services, Centers for Disease Control and Prevention (CDC), to fund and support the Tobacco and Diabetes Programs under the Tobacco and Diabetes Collaborative Partnership in the FSM, including all the terms and conditions of the assistance.

Speaker Simina: Chairman Perman.

Chairman Perman: Thank you, Mr. Speaker. I so move for the adoption of C.R. No. 20-95.

Senator Konman: Second.

Speaker Simina: It has been moved and seconded that Congress adopt C.R. No. 20-95. Discussion?

Chairman Figir: Mr. Speaker.

Speaker Simina: Chairman Figir.

Chairman Figir: Again, I hope that in the future they can provide the information. It looks like we are just spending money, because there is money there to be spent. I am sure that I have not seen any reduction and the use of tobacco; I have not seen any decreases of diabetes and others. I think someone in the government needs to be serious in using the grants under this title and make sure that they are put into use rather than traveling throughout the states, and there is no real impact. I guess importing more tobacco into the FSM is better, because people die because of the use of tobacco, but more tax. I understand that some of the states have increased the tobacco tax. That is good. In a way, less people to use the money that is coming out of the product.

Speaker Simina: Thank you, Mr. Speaker. Our cigarettes still cost between $2 to $4 dollars, but in the U.S. it is cost $10.

Chairman Perman: Mr. Speaker.

167 May 28, 2018 CONGRESSIONAL JOURNAL –DAY 15,16, 17 &18 – 4RS – 20CFSM

Speaker Simina: Chairman Perman.

Chairman Perman: Thank you, Mr. Speaker. If you recall, the Committee to Wait on the President, the President stated that he already asked SPC to do an audit on the Department of Health and all these grants. Hopefully, whatever they find there will enlighten the Members with all the concerns that we are always talking about. Thank you, Mr. Speaker.

Speaker Simina: Thank you.

Chairman Figir: Mr. Speaker.

Speaker Simina: Chairman Figir.

Chairman Figir: It is nice to ask someone, but I think it is common sense. We all see what is going on. We don’t need professional to come in and say, “The use of tobacco product is increasing.” The bad effect of the product is decreasing. It is not increasing. I am not a person that can do that, but we see what is happening. We don’t need an expert. What we need is people who are on the ground to do better job, than just to travel to Yap and spend one day or between flights in Yap and go back to Guam and spend a week and come back to Pohnpei. That is what I am trying to get at. Let’s not spend somebody’s money, because when 2023 comes, we don’t know what is going to happen.

Chairman Perman: Mr. Speaker, if we are going to do common sense, all we have to do is pass a bill to ban tobacco to this nation, and that will fix it.

Speaker Simina: Are there any further discussion on the resolution (C.R. No. 20-95)? If none, let’s vote. All those in favor of the adoption of C.R. No. 20-95 say ‘aye’ – opposed say ‘nay’. The motion is carried. The resolution, C.R. No. 20-95, is adopted by Congress. Next resolution.

C.R. No. 20-100: Approving and accepting a $250,000 grant from the U.S. Department of Health and Human Services, to fund for the Opioid State Targeted Response Program, including all the terms and conditions of the assistance.

Speaker Simina: Chairman Perman.

Chairman Perman: I so move for the adoption of the said resolution (C.R. No. 20-100). Discussion?

Senator Konman: Second.

Speaker Simina: It has been moved and seconded that Congress adopt C.R. No. 20-100. Discussion?

Chairman Perman: Question.

Speaker Simina: Question has been called for. If there is no objection, debate is closed. Let’s vote. All those in favor of the adoption of C.R. No. 20-100 say ‘aye’ – opposed say ‘nay’. The motion is carried. The resolution, C.R. No. 20-100, is adopted by Congress. Next resolution.

168 May 28, 2018 CONGRESSIONAL JOURNAL –DAY 15,16, 17 &18 – 4RS – 20CFSM

C.R. No. 20-101: Approving and accepting a grant in the amount of $147,000 from the U.S. Department of Health and Human Services, Health Resources and Service Administration (HRSA), to fund for the Maternal and Child Health Services Program in the FSM, including all the terms and conditions of the assistance.

Speaker Simina: Chairman Perman.

Chairman Perman: I so move for the adoption of C.R. No. 20-101.

Senator Konman: Second.

Speaker Simina: It has been moved and seconded that Congress adopt C.R. No. 20-101. Discussions?

Chairman Perman: Question.

Speaker Simina: Question has been called for. If there is no objection, debate is closed. Let’s vote. All those in favor of the adoption of C.R. No. 20-101 say ‘aye’ – opposed say ‘nay’. The motion is carried. The resolution, C.R. No. 20-101, is adopted by Congress. Next resolution.

C.R. No. 20-103: Approving and accepting a grant in the amount of $125,000 from the United Nations Population Fund (UNFPA) to fund the implementation of the FSM’s Programmes under the UNFPA Strategic Plan 2018-2021, including all the terms and conditions of the assistance.

Speaker Simina: Chairman Perman.

Chairman Perman: I so move for the adoption of C.R. No. 20-103.

Senator Neth: Second.

Speaker Simina: It has been moved and seconded that Congress adopt C.R. No. 20-103. Discussion?

Chairman Perman: Question.

Speaker Simina: Question has been called for. If there is no objection, debate is closed. Let’s vote. All those in favor of the adoption of C.R. No. 20-103 say ‘aye’ – opposed say ‘nay’. The motion is carried. The resolution, C.R. No. 20-103, is adopted by Congress. Next resolution.

Chief Clerk: There are none, Mr. Speaker.

Speaker Simina: For the record, the staff is instructed to make all the technical corrections that were placed on the Calendar today.

Chairman Perman: Point of privilege, Mr. Speaker.

Speaker Simina: Chairman Perman.

169 May 28, 2018 CONGRESSIONAL JOURNAL –DAY 15,16, 17 &18 – 4RS – 20CFSM

Chairman Perman: Thank you, Mr. Speaker. I rise on point of privilege to recognize the following people observing our session this morning: Phillip Halbert, Lee Tim, Vinly Mizard, and Sablan Peset. Can we give them a round of applause? (Applause).

Speaker Simina: Thank you, Chairman Perman. The Congress joins you in welcoming our citizens who take time out to observe our session this morning. Any other points of privilege?

Vice Speaker Moses: Mr. Speaker.

Speaker Simina: Vice Speaker Moses.

Vice Speaker Moses: Thank you, Mr. Speaker. I rise on point of privilege to congratulate you, and the Chairmen who have completed their reports on the budget, and the staff that have made that possible. I know that this session was supposed to adrenalize a return on an investment that we made. Unfortunately, we learned on Friday that was not going to happen this session. For that, I thank the Chairman of Education, Chairman on H&SA, Chairman on Ways and Means, Vice Chairman on J&GO, Chairman on External Affairs, and Chairman on T&C, all the Chairmen and all the staff. Thank you, Mr. Speaker for allowing me to take my first seating of an Opening Session. That was a great privilege for me, unfortunately it happened under unfortunate circumstances. With that, I move that Congress adjourn sine- die. I so move, Mr. Speaker.

Chairman Perman: Second.

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 11:16 a.m.

Speaker Simina: Congress comes back to session. Before we entertain the motion, I would like to allow the Acting Floor Leader if there is any procedural matters to take care of.

Acting Floor Leader Urusemal: Thank you, Mr. Speaker. I move that the Presiding Officers, with the help of the staff, to review and make any technical corrections on the Journal from Day 1 of this session which convened on the 11th of this month (May) all the way to today, May 28th. I so move.

Chairman Figir: Second.

Speaker Simina: It has been moved and seconded that the Presiding Officers, including the staff and Acting Floor Leader, are authorised to do all reviewing and corrections of our Journals and records. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. There is a motion, which has been seconded that this Regular Session of this Congress adjourns sine-die. All those in favor of the motion say ‘aye’ – opposed say ‘nay’. The motion is carried. Before we adjourn, let’s all rise for a short time. I hereby declare this Regular Session of this Congress adjourn sine-die.

INTRODUCED BILLS

None

170 May 28, 2018 CONGRESSIONAL JOURNAL –DAY 15,16, 17 &18 – 4RS – 20CFSM

INTRODUCED RESOLUTIONS

C.R. No. 20-105: Introduced by: Speaker Simina Assigned to: None Date introduced: May 28, 2018

Expressing the sincere condolences and sadness to the family of the late Daniel Kahikina Akaka, at his passing on April 6, 2018.

Speaker Simina declared that the Congress adjourn sine-die at 11:18 a.m., Monday, May 28, 2018.

171

20th CONGRESS of the Federated States of Micronesia

FOURTH REGULAR SESSION

Standing Committee Reports

172

STANDING COMMITTEE REPORT NO. 20-57

RE: C.B. NO. 20-41/R&D

SUBJECT: AMENDMENTS TO TITLE 24 OF THE FSM CODE (NATIONAL SEABED RESOURCES AUTHORITY)

MAY 14, 2018

The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Third Regular Session, 2018

Dear Mr. Speaker:

Your Committee on Resources and Development, to which was referred C.B. No. 20-41, entitled:

“A BILL FOR AN ACT TO CREATE A NEW SUBTITLE II OF TITLE 24 OF THE CODE OF THE FEDERATED STATES OF MICRONESIA (ANNOTATED), 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.”, begs leave to report as follows:

The intent and purpose of the bill are expressed in its title.

BACKGROUND The subject bill was transmitted to the Eighteen Congress and the Nineteenth Congress, but there was no action on it. During those Congresses, your Committee on Resources and Development had conducted a series of public hearings in each of the states. In some of these public hearings in the states, the expertists in the field of Seabed mining and Environment from SOPAC accompanied your Committee during these hearings.

This bill is once again transmitted to the 20th FSM Congress through Presidential Communication No. 20- 40 on May 19, 2017, during the First Regular Session of the Twentieth Congress. C.B. No. 20-41 proposes create a new subtitle II of title 24 of the Code of the Federated States of Micronesia to establish a National Seabed Resources Authority, provide for the powers, duties and responsibility of the Authority.

173 STANDING COMMITTEE REPORT NO. 20-57

RE: C.B. NO. 20-41/R&D

SUBJECT: AMENDMENTS TO TITLE 24 OF THE FSM CODE (NATIONAL SEABED RESOURCES AUTHORITY)

MAY 14, 2018

Proposed Amendments The amendments to Title 24 of the FSM Code are summarized below:

1. The intent of Section 1 of the bill is to create a new subtitle II of title 24 of the FSM Code, entitled: “Seabed Resources Authority of 2014”. Currently, the existing subtitle I of title 24 of the FSM Code is the “Marine Resources Act of 2002”.

2. The intent of Section 2 of the bill is to create a new chapter 1 of Title 24 of the Code of the Federated States of Micronesia entitled: “General Provisions”.

3. Section 3 of the bill is the creation of a new section 101 of chapter 1 of Title 24, to read “Short Title. This Act may be cited as the “National Seabed Resources Act of 2014”.

4. The proposed section 102 of the bill contains a comprehensive set of definitions.

5. The proposed section 103 explain the purpose of this new subtitle II, which is to establish a legal framework for the efficient management and effective control of Seabed Mineral activities in the Federated States of Micronesia’s seabed minerals. Also to secure optimum benefits, long-term economic growth and sustainable development of FSM’s Seabed Mineral sector, and to implement measures to maximize the benefits of Seabed Mineral Activities for the present and future generations of FSM citizens.

7. The proposed section 104 of the bill creates a regulatory system on the licensing, monitoring and management of the FSM’s involvement with Seabed Mineral Activities. Also, this section designates a responsible Authority who will have the power to grant titles to Title Holders who may engage in Seabed Mineral Activities. The responsible Authority will create a registry of Titles, create offenses in respect of actions carried out in breach of the provisions of this subtitle, provides for the protection of the Environment during the conduct of Seabed Mineral Activities, provides for the payment of royalty, fees, and taxes in respect of Seabed Mineral Activities, and establishes a special fund in section 904 on the revenue derived from Seabed Mineral Activities.

8. The proposed section 105 of this bill defines the sovereign rights to the seabed resources in the Exclusive Economic Zone and to the Continental Shelf beyond the Exclusive Economic Zone. In this proposed section, there is an option for the states to delegate to the NSRA the regulation of state resources. The states are not to be deprived of their sovereign rights over the seabed resources in their respective territorial and internal waters.

9. The proposed section 106 of the bill is the application of this subtitle. This subtitle applies to all individuals, whether or not citizens of or resident in the Federated States of Micronesia and also all body corporate, whether or not incorporated or carrying on business in the Federated States of Micronesia. Importantly, this subtitle does not apply to the exploration for or recovery of petroleum.

10. Section 107 of the bill provides for the jurisdiction over the exploration and mining of non-living natural resources in the Exclusive Economic Zone and the Continental shelf. This section also recognizes that the seabed resources of the Area to be the common heritage of mankind, and that right to the Area are governed by the Rules of the International Seabed Authority (ISA). Further adding, that the Seabed Mineral Activities in the Area shall

174

be carried out in association with the ISA only by State Parties to the UN Convention on the Law of the Sea, State enterprises, or by persons sponsored by Sponsoring States. This section also recognizes ISA’s responsibility to organize and control activities in the Area, adopt rules, regulations and procedures necessary for the conduct of exploration and mining in the Area.

Section 201 is the enactment of a new chapter 2 of subtitle II, to read: “Establishment of the National Seabed Resources Authority (NSRA)”. There is a NSRA Board, which is composed of five voting members, each discharging a national function and authority. The composition of the Board consisted of one member from each of the four states, which shall be confirmed by the FSM Congress, and the Secretary, who shall serve as the Chairperson of the NSRA Board. The NSRA shall meet at such time and place as may be designated by the Chairperson and also adopt its own regulation governing its business and performance.

11. Sections 202, 203, 204 and 205 of the bill summarize the objectives, functions, duties and powers of the NSRA.

12. Section 206 and 207 of the bill require the NSRA to gather information pertaining to the seabed mining activities in the FSM.

13. Section 208 of the bill prohibits any person to supply false or misleading information to the NSRA in respect to seabed mining activities.

14. Section 209 of the bill provides for the preparation of guidelines for the NSRA to use.

15. Section 210 of the bill mandates the NSRA to keep record of decisions on issuance or denial of permits.

16. Section 211 of the bill requires the NSRA to monitor Title Holders’ performance and adherence to this subtitle.

17. Section 212 of the bill requires the Title Holder to report to the NSRA any incidents if there is any. The Title Holder needs to report the incident to the NSRA, and describe what step is to be taken to monitor, prevent, contain, minimize and rehabilitate the harm or threat of harm to the environment or to human health and safety.

18. Section 213 of the bill requires the NSRA to maintain an inspectorate and to appoint such persons appearing to the NSRA to be technically qualified for the purpose of inspectors, to assist with the NSRA’s monitoring and compliance function.

19. Section 214 of the bill enumerates the powers of any appointed inspectors by the NSRA.

20. Section 215 of the bill provides that the NSRA may issue an Enforcement Order requiring corrective action, or in respect to any circumstances that presents or would present a risk of life or a risk of serious harm to the environment. This section also provides that any person who is found guilty of an offense under this section shall be liable to a fine not exceeding one hundred thousand dollar.

21. Section 216 of the bill explain the action by the NSRA where there is a failure to comply with any Enforcement Order.

22. Section 217 of the bill explains who is responsible for the costs incurred if the NSRA takes corrective action in relation to an enforcement order.

23. Section 218 of the bill provides for an administrative action to be taken if a Title Holder has materially breached a condition in its Title or a requirement of this subtitle, regulations or other law of the FSM.

175 STANDING COMMITTEE REPORT NO. 20-57

RE: C.B. NO. 20-41/R&D

SUBJECT: AMENDMENTS TO TITLE 24 OF THE FSM CODE (NATIONAL SEABED RESOURCES AUTHORITY)

MAY 14, 2018

24. Sections 219 and 220 of the bill provide for the terms of office and compensation of the members of the NSRA Board.

25. Section 221 of the bill authorizes the NSRA Board to promulgate regulations for the implementation of this subtitle.

26. Section 222 of the bill compel the NSRA Board to employ a full-time Executive Director to supervise and execute the day-to-day performance of the NSRA’s functions.

27. Section 223 of the bill provides that by December 1st of each year, the Chairperson of the NSRA Board shall present an annual report to the President and the FSM Congress.

28. Title 24 is further amended to enact a new chapter 3 of subtitle II entitled: “Areas Available for Seabed Mining Activities in the Federated States of Micronesia”.

29. Section 301 of the bill is a new section that reads: “Graticulation of earth’s surface”. This means that the earth surface is deemed to be divided into graticular sections.

30. Section 302 of the bill determines the Constitution of blocks/cells and the NSRA determines boundary between points on the surface of the Earth using the Universal Transverse Mercator Grid System.

31. Section 303 of the bill allows the NSRA to designate an area or areas of the Federated States of Micronesia’s Exclusive Economic Zone or Continental Shelf to be released for the purpose of Seabed Mining Activities.

32. Sections 304 and 305 of the bill provide that the NSRA may declare “Reserved Areas” prohibited to any Seabed Mining Activities.

33. Sections 306 and 307 of the bill require the NSRA to complete a Cadastral Survey Map and also registry of Title Holders. The Cadastral Survey Map and the Registry of Title Holders are open to public inspection.

34. Section 308 of the bill authorizes the NSRA to promulgate regulation, which prescribes maximum areas that may be held under any one License or by any one person or company at any one time.

35. Title 24 of the FSM Code is hereby amended to enact a new chapter 4 of subtitle II.

36. Section 401 of the bill provides for the prohibited activities relating to Seabed Mineral Activities. Any person who contravenes this section shall be guilty of an offense and liable on conviction to a fine not exceeding five hundred thousand dollars or imprisonment for a period not exceeding five years or both.

37. Section 402 of the bill requires that any Prospector or Licensee to adhere to laws and rules enacted to implement Seabed Mining Activities.

38. Section 403 of the bill enumerates the duties of Title Holders during prospecting and exploration of Seabed minerals.

176 STANDING COMMITTEE REPORT NO. 20-57

RE: C.B. NO. 20-41/R&D

SUBJECT: AMENDMENTS TO TITLE 24 OF THE FSM CODE (NATIONAL SEABED RESOURCES AUTHORITY)

MAY 14, 2018

39. Title 24 of the FSM Code is amended to enact a new chapter 5 of subtitle II, entitled: “Prospecting Permits within Federated States of Micronesia’s national jurisdiction”.

40. Sections 501, 502, 503, 504, 505, 506, 507 and 508 of the bill permit the prospecting of seabed minerals in the Federated States of Micronesia. An interested party needs to apply for a Prospecting Permit Application. The NSRA is responsible to grant or deny a Prospecting Permit. If the NSRA deny an application for a Prospecting Permit, it has to issue a written statement stating the reasons for the denial. The NSRA may grant a Prospecting Permit with terms and conditions it deems appropriate.

41. Title 24 of the FSM Code is amended to enact a new chapter 6 of subtitle II, entitled: “Licensing of Seabed Mineral Activities within Federated States of Micronesia’s national jurisdiction”.

42. Section 601 of the bill provides for the Exploration and Mining of Seabed minerals within the national jurisdiction.

43. Section 602 of the bill governs the granting and issuance of exploration and mining licenses. The NSRA may grant and issue exploration and mining licenses to Title Holders.

44. Section 603 of the bill limits who is eligible to hold an exploration or mining license. Only a body corporate that is registered in the Federated States of Micronesia shall be eligible to hold a License.

45. Section 604 of the bill lists the necessary information that an applicant for an exploration or mining license is required to provide to assist the NSRA in making a decision whether or not to grant a license.

46. Section 605 of the bill mandates that only a fit and proper person should be granted a license. The NSRA must carefully review what is a fit and proper person.

47. Section 606 of the bill requires that the NSRA must carefully evaluate any license application. The applicant must have a registered office in the country and meet the ‘fit and proper person’ test. The applicant must also have financial capabilities to cover the costs of the Seabed Mining Activities, and to pay incidental costs in case of a clean-up, damages or other liability that may arises.

48. Section 607 of the bill provides that the NSRA shall not issue a license if the exploration or mining rights over an area already included within the scope of any existing license valid for any of the same time period or that has been retained by the NSRA under section 617 of this subtitle.

49. Section 608 of the bill permits the NSRA to issue more than one license to the same person.

50. Section 609 of the bill provides that the NSRA needs to consult neighboring nations before it grants an exploration or mining license. The NSRA shall timely and appropriately inquire information about the Application to any neighboring nation who may be adversely affected by the proposed Seabed Mineral Activities contained within the Application, and gives an opportunity for that nation to provide comment.

177 STANDING COMMITTEE REPORT NO. 20-57

RE: C.B. NO. 20-41/R&D

SUBJECT: AMENDMENTS TO TITLE 24 OF THE FSM CODE (NATIONAL SEABED RESOURCES AUTHORITY)

MAY 14, 2018

51. Section 610 of the bill provides an opportunity to the members of the public to be informed before the NSRA finalize its decision to issue license.

52. Sections 611 and 612 of the bill ensure that the NSRA make decision regarding License Application promptly and in accordance with prescribed procedures and within prescribed time limits. The NSRA also needs to provide a written statement to the applicant its decision whether to grant or deny the application.

53. Section 613 of the bill gives an opportunity for the Applicant to launch an appeal to review the decision of the NSRA in regards to its application.

54. Section 614 of the bill provides for the duration of a license. A license may be issued for such period as may be agreed between the NSRA and the applicant provided that the duration is no more than fifteen years, and is renewable upon expiry of the term.

55. Section [614] 615 of the bill contains the terms in a license that may be agreed between the applicant and the NSRA before the NSRA formally issue the license. The license will specify the Seabed Mineral Activities and a detailed approved exploration or mining work plan. The license will also include the required environmental and social impact assessment or other studies.

56. Section 616 of the bill provides for an Exclusivity of License and Security of Tenure. The licensee must perform and observe all the terms and conditions provided in the license, regulations and the laws of the FSM during the validity period of the license. The NSRA will not vary, suspend, or revoke any license except in accordance with procedure set out in this subtitle.

57. Sections 617 and 618 of the bill provide for the right of retention and the relinquishment of a licensed area. A licensee has the right to retain any part of the licensed area subject to the determination of the NSRA. Also, the licensee may relinquish a percentage or portions of the licensed area in accordance with the requirement and schedule to be prescribed or set by the NSRA.

58. Section 619 of the bill describes the process to be followed upon the recovery of seabed minerals under the exploration license. The seabed minerals need to be recorded and identified of the location of its origin. Such seabed minerals shall be maintained by the licensee and samples shall be made accessible to the NSRA. Any person who does not comply with subsection 1 of section 619 commits an offense. Liability ranges from a fine not exceeding one thousand dollars.

59. Section 620 of the bill sets the conditions to be met before a Licensee can actually commence Seabed Mineral Activities. The Licensee must show a written notice from the Department of Environment Climate Change and Emergency Management of its endorsement of the environmental management and impact mitigation plan, and approval to commence seabed mining activities. The Licensee also needs to show to the NSRA a bank statement indicating that it has financial resources, security deposit or monetary guarantee. A Mining Licensee may also provide such aforementioned information to the NSRA to commence seabed mining activities.

60. Section 621 of the bill gives the Mining Licensee the right over the recovered seabed minerals at the point of extraction. Such rights include, the right to market, process, sell and export the seabed minerals.

178 STANDING COMMITTEE REPORT NO. 20-57

RE: C.B. NO. 20-41/R&D

SUBJECT: AMENDMENTS TO TITLE 24 OF THE FSM CODE (NATIONAL SEABED RESOURCES AUTHORITY)

MAY 14, 2018

61. Section 622 of the bill permit the mining activities to continue throughout the period of the License; however, if there is a good cause to stop the mining activities, the NSRA can authorize a temporary suspension of the mining.

62. Section 623 of the bill lists the activities that do not require an Environmental and Social Impact Assessment, unless the NSRA advises otherwise. The same section requires that no Seabed Mineral Activities shall be commenced until an Environmental and Social Impact Assessment and any subsequent amendments to the environmental management and impact mitigation plan, work plan, or License terms have been completed to the satisfaction of the Department of Environment, Climate Change and Emergency Management.

63. Section 624 of the bill describes the scope of liability of the Licensee.

64. Section 625 of the bill provides that NSRA cannot authorize Seabed Mining Activities in that part of License Area outside of the national jurisdiction. The License remains valid, but Seabed Mining Activities cannot be carried out because it is beyond the authority of the NSRA until further consultations and conditions are met.

65. Sections 626, 627 and 628 of the bill provide for the renewal, review, variation, suspension or revocation of Licenses.

66. Section 629 of the bill provides that a Licensee may at any time surrender the License without penalty by giving prior notice to the NSRA.

67. Section 630 of the bill determine the ongoing liability of a Licensee in case of a revocation of a License by the NSRA or the Licensee surrenders the License. The Licensee will remain subject to any ongoing obligation or liability incurred by the Licensee as a result of Seabed Mineral Activities or Ancillary Operations already conducted.

68. Section 631 of the bill indicates that the Exploration License is deemed to have continued in force until the time at which the Applicant for a Mining License receives a final decision.

69. Section 632 of the bill enumerates the conditions that the NSRA may consider when enter into mineral development agreements with a Licensee at any time to establish additional terms and conditions as to the arrangements for Exploration or Mining.

70. Title 24 of the FSM Code is hereby amended to create a new chapter 7 under subtitle II entitled: “Sponsorship of Seabed Mineral Activities in the Area”.

71. Section 701 of the bill gives the NSRA the discretion to enter into any contract with the International Seabed Authority (ISA) regarding Seabed Mineral Activities in the Area. But, the NSRA must consult with the stakeholders on behalf of the FSM before submitting applications to the ISA for approval of plans of work for Seabed Mineral Activities in the Area and enter into contracts with the ISA to conduct those plans of work. The NSRA can enter into sub-contracts with third party sub-contractors for the delivery of services pertaining to the

179 STANDING COMMITTEE REPORT NO. 20-57

RE: C.B. NO. 20-41/R&D

SUBJECT: AMENDMENTS TO TITLE 24 OF THE FSM CODE (NATIONAL SEABED RESOURCES AUTHORITY)

MAY 14, 2018 performance of Seabed Mineral Activities in the Area; provided that the sub-contractors meet some criteria, and the Secretary of Finance and Administration endorses or satisfied with the terms of sub-contract.

72. Section 702 of the bill provides that the NSRA on behalf of the FSM may sponsor another party to conduct Seabed Mineral Activities in the Area under contract with the ISA; however, the Sponsored Party must obtain a valid Sponsorship Certificate from the NSRA and enter a valid contract with the ISA.

73. Section 703 of the bill clearly states that a Sponsorship Certificate shall only be issued to an Applicant who meets the Sponsorship Qualification Criteria. The NSRA may not issue a Sponsorship Certificate if the sponsorship would not be in the public interest of the FSM.

74. Section 704 of the bill explains the necessary procedural requirements of a Sponsorship Application and a Sponsorship Qualification Criteria.

75. Section 705 of the bill lists the terms required of the Sponsorship Certificate.

76. Section 706 of the bill provides that the NSRA may enter into written agreements with the Sponsored Party, provided that the terms of the written agreements are consistent with the Rules of the ISA or this subtitle, and do not conflict with any international law or FSM laws.

77. Section 707 of the bill provides for the liability of Sponsored Party in the implementation of this subtitle.

78. Section 708 of the bill lists the Government responsibilities where the FSM is a Sponsoring Party, and holds a contract with the ISA to conduct Seabed Mineral Activities.

79. Section 709 of the bill provides that a Sponsoring Certificate shall remain in force unless and until it is terminated in accordance with this section.

80. Section 710 of the bill provides for the revocation of a Sponsorship Certificate. The NSRA may revoke a Sponsorship Certificate if the Sponsored Party fails to meet certain requirements.

81. Section 711 of the bill provides for the Surrender of Sponsorship. A Sponsor Party may at any time surrender a Sponsorship Certificate without penalty by giving prior notice in writing to the NSRA.

82. Section 712 of the bill elaborates on the ongoing liability after termination of sponsorship.

83. Title 24 of the FSM Code is hereby amended to create a new chapter 8 under subtitle II entitled: “Marine Scientific Research within national jurisdiction”.

84. Section 801 of the bill limits to any person to engage in Marine Scientific Research in the Exclusive Economic Zone or Continental Shelf or Territorial Sea and internal waters, unless that person has secured proper authority from the NSRA, NORMA and the states.

180 STANDING COMMITTEE REPORT NO. 20-57

RE: C.B. NO. 20-41/R&D

SUBJECT: AMENDMENTS TO TITLE 24 OF THE FSM CODE (NATIONAL SEABED RESOURCES AUTHORITY)

MAY 14, 2018

85. Section 802 of the bill describes the process involved in the application for Marine Scientific Research and the necessary information required of the applicant.

86. Section 803 of the bill provides for the consent or denial of consent of Marine Scientific Research.

87. Section 804 of the bill lists some of the grounds for denial of consent of Marine Scientific Research application.

88. Section 805 of the bill explains the scope and nature of Marine Scientific Research consent.

89. Section 806 of the bill enumerates certain duties of persons conducting Marine Scientific Research.

90. Title 24 of the FSM Code is hereby amended to create a new chapter 9 under subtitle II entitled: “Financial Arrangements”.

91. Section 901 of the bill prescribes the payments by Prospectors, Licensees and Sponsored Parties.

92. Section 902 of the bill provides the procedures involved on how to recovery payments owed by Title Holders.

93. Section 903 of the bill requires a Security Deposit by the Title Holders.

94. Section 904 of the bill establishes a Seabed Resources Fund and also identifies the responsible department to govern such fund.

95. Title 24 of the FSM Code is hereby amended to create a new chapter 10 under subtitle II entitled: “Miscellaneous”.

96. Section 1001 of the bill requires that Title Holders adhere to Vessel Standards. A person who does not comply with the provisions of section commits and offense and shall be liable to a fine not exceeding one hundred thousand dollars ($100,000) or imprison not exceeding 3 years or both.

97. Section 1002 of the bill describes procedure involved in the event that a Title Holder of Seabed Minerals during the course of conducting Seabed Mineral Activities discover or locate any Seabed Minerals to which the Title does not relate to or not covered by the Title.

98. Section 1003 of the bill explains that Environmental conditions arising from Environment and Social Impact Assessment conducted in compliance with this subtitle or any FSM law shall be adopted as part of the terms and conditions of any Title issued under this subtitle.

99. Section 1004 of the bill explains the required reports to be supplied to the NSRA, which shall confirm to any requirement prescribed or specified in the conditions of the relevant Title.

181 STANDING COMMITTEE REPORT NO. 20-57

RE: C.B. NO. 20-41/R&D

SUBJECT: AMENDMENTS TO TITLE 24 OF THE FSM CODE (NATIONAL SEABED RESOURCES AUTHORITY)

MAY 14, 2018

100. Section 1005 of the bill states that a Title granted under this subtitle can not be assigned, transferred, leased, sub-let or mortgaged without the NSRA’s prior written consent. A transfer of title will only become effective upon payment of any transfer fee, and the transfer of title is entered into the register of Titles maintained by the NSRA.

101. Section 1006 of the bill requires that a Title Holder shall notify the NSRA of any significant change in the constitution, ownership, control or corporate organization of the Title Holder. The NSRA also needs to determine if there is any transfer of title by the Title Holder for the purpose of section 1005 of this subtitle.

102. Sections 1007 and 1008 of the bill explain how a Title is to be suspended or terminated.

103. Section 1009 of the bill provides that a Title granted under this subtitle contains some conferred reasonable rights of access to the Title Holder, which include: right of navigation within the Exclusive Economic Zone or Territorial Sea and Internal Waters if such responsibility has been delegated to NSRA by State under this subtitle.

104. Section 1010 of the bill is a reminder to the Title Holder to carry out the Seabed Mineral Activities in such a way that will not unreasonably interfere with other users of the high seas as provided in Article 87 of the UN Convention on the Law of the Sea, or unreasonable interference with any other subsisting legitimate use of any part of the sea or the seabed. Any person who contravenes this section commits an offense punishable to a fine not exceeding five thousand dollars.

105. Section 1011 of this bill contains the rights of other nations in accordance with Article 142 and other relevant provisions of the UN Convention on the Law of the Sea.

106. Section 1012 of the bill is a safeguard on any object of an archaeological or historical nature that may be found by any Title Holder. The NSRA shall give a Title Holder the safeguard instructions, which shall take into account Article 149 and 303 of the UN Convention on the Law of the Sea.

107. Section 1013 of the bill states that the grant of a Title under this subtitle does not crate an estate or interest in land nor does a grant of a Title, which give rise to land taxation duties.

108. Section 1014 of the bill describes what are safety zones. They are specified surrounding areas, an installation, infrastructure, facility or vessels used for Seabed Mining Activities, and are prohibited to all vessels or specified classes of vessels. Any person commits an offense against this section shall be liable. There is a defense for those that enter these safety zones if the person can satisfy the court.

109. Section 1015 of the bill is on the interference with Seabed Mineral Activities. No person may interfere with Seabed Mineral Activities or Ancillary Operations. Any person who does not comply with subsection 1 commits an offense.

110. Section 1016 of the bill is the Indemnity of Public Officials. The NSRA, authorized officers of the NSRA, and other Public Officials shall not be liable for anything done or omitted to be done in good faith in their performance or functions vested in or delegated to them under this subtitle.

182 STANDING COMMITTEE REPORT NO. 20-57

RE: C.B. NO. 20-41/R&D

SUBJECT: AMENDMENTS TO TITLE 24 OF THE FSM CODE (NATIONAL SEABED RESOURCES AUTHORITY)

MAY 14, 2018

111. Section 1017 of the bill prohibits any public officials from the NSRA to acquire Title rights or an interest in any Title. This prohibition applies during the employment or within two years following the cessation of his or her employment with the NSRA. Any person who violates this prohibition under subsection 1017 commits an offense, and shall be liable to a fine not exceeding fifty thousand dollars ($50,000) or imprisonment for a term not exceeding two years or both.

112. Section 1018 of the bill provides that a conflict of interest arises when the Executive Director or any member of the NSRA willingly participate in any matter in which he or she knows or reasonably should know he or she has a conflict of interest. A conflict of interest exists if there is a personal benefit arises on a matter over which he or she has influence or control over, or if a matter over which he or she has influence or control relates in any way to a business or property he or she or a family member owns or controls. In order to avoid any conflict or interest, that conflict of interest shall be disclosed.

113. Section 1019 of the bill clarifies Import Duties. This section exempt import duties on machinery, equipment, vehicles, materials, supplies consumable item, and moveable property that a Title Holder and its nominated contractors and subcontractors are about to import to the Federated States of Micronesia only if the Title Holder and its contractors and subcontractors certified that the aforementioned items are to be used solely in carrying out Seabed Mineral Activities under this Title. However, on the sale or transfer of any duty free imported items if no longer required for the Seabed Mineral Activities, import duties shall be payable by the importer on duty free imported items at the date of the sale or transfer of the duty free imported items.

114. Section 1020 of the bill provides that Body Corporate may commit an offense if the court finds that the offense was committed by that person willfully, recklessly, corruptly or for the purpose of personal gain. Violation under this section is imprisonment for a period of up to two years.

115. Section 1021 of the bill governs who is responsible to issue notice on any application, request, notice, warning, report or service of process or notification in any proceeding of any court or tribunal having jurisdiction. The NSRA has the responsibility to issue notice.

116. Section 1022 of the bill is about disputes. Any dispute arising between the FSM and another state in connection with Seabed Mineral Activities shall be resolved pursuant to the provisions of the UN Convention on the Law of the Sea. And any dispute between the FSM and a Title Holder shall be dealt with by mediation, but if it is not successful by arbitration to be conducted by International Center for Settlement of Investment Disputes between States and Nationals of other States.

117. Section 1023 of the bill accommodates the Transitional provisions. From one year from the commencement of this subtitle, any authority or mineral rights granted under any legislation or otherwise to carry out Seabed Mineral Activities in the Exclusive Economic Zone or upon the Continental Shelf shall expire. Any person carrying out Seabed Mineral Activities in the Exclusive Economic Zone prior to the enactment of this legislation shall obtain a Permit or License under this subtitle and comply with the requirements of this subtitle.

118. Section 1024 of the bill contains Environmental and Social Impact Assessment content and resulting reports.

Your Committee wishes to offer the following amendments to the bill:

183 STANDING COMMITTEE REPORT NO. 20-57

RE: C.B. NO. 20-41/R&D

SUBJECT: AMENDMENTS TO TITLE 24 OF THE FSM CODE (NATIONAL SEABED RESOURCES AUTHORITY)

MAY 14, 2018

1. Page 89, line 13, delete “Section 614”, and insert “Section 615” in lieu thereof. 2. Page 91, line 20, delete “an”, and insert “a” in lieu thereof. 3. Page 95, lines 20 and 21, delete “Office of Environment and Emergency Management”, and insert “Department of Environment Climate Change and Emergency Management” in lieu thereof. 4. Page 100, lines 19 and 20, delete “Office of Environment and Emergency Management”, and insert “Department of Environment Climate Change and Emergency Management” in lieu thereof. 5. Page 100, lines 21 and 22, delete “Office of Environment and Emergency Management”, and insert “Department of Environment Climate Change and Emergency Management” in lieu thereof. 6. Page 103, lines 19 and 20, delete “Office of Environment and Emergency Management”, and insert “Department of Environment Climate Change and Emergency Management” in lieu thereof. 7. Page 122, line 7, delete “obligations”, and insert “or laws” in lieu thereof. 8. Page 142, line 10, insert “this” after “by”. 9. Page 149, line 22, insert “which”, after “Title”.

Conclusion

Your Committee on Resources and Development is in accord with the intent and purpose of C.B. 20-41 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 C.B. 20-41, C.D.1.

Respectfully submitted,

/s/ David W. Panuelo David W. Panuelo, chairman Tiwiter Aritos, vice chairman

/s/ Isaac V. Figir Alik L. Alik, member Isaac V. Figir, member

/s/ Derensio S. Konman Victor Gouland, member Derensio S. Konman, member

/s/ Esmond B. Moses Esmond B. Moses, member

184

STANDING COMMITTEE REPORT NO. 20-58

RE: C.R. NO. 20-81/H&SA

SUBJECT: ACCEPTING A GRANT FROM THE UNITED NATIONS DEVELOPMENT PROGRAM (UNDP) IN THE AMOUNT OF $145,193.

MAY 16, 2018

The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fourth Regular Session, 2018

Dear Mr. Speaker:

Your Committee on Health and Social Affairs, to which was referred C.R. No. 20-81, entitled:

“A RESOLUTION APPROVING AND ACCEPTING A GRANT FROM THE UNITED NATIONS DEVELOPMENT PROGRAM (UNDP) IN THE AMOUNT OF $145,193, TO FUND AND SUPPORT THE GLOBAL FUND PROJECT FOR TB/HIV IN THE FSM, INCLUDING ALL THE TERMS AND CONDITIONS OF THE ASSISTANCE.”, begs leave to report as follows:

The intent and purpose of the resolution are expressed in its title.

Your Committee held a hearing on May 14, 2018, the witnesses present included: the Department of Health and Social Affairs, including the Secretary and her key staff, representatives the Department of Justice and the Department of Finance and Administration, as well as, the Office of the President.

The Committee is very familiar with the work by the Department of Health and Social Affairs in the areas of TB and HIV prevention, however, the grant before it is for different activities and from a new outside funder. The Department advised the Committee that most of the work done by the main U.S. federally funded grant in this area deals with prevention. What is proposed in this grant is that funding from the United Nations Development Program (UNDP) coordinate with the existing grant to provide additional support for personnel, contractual services, medication, screening and testing. All areas that need more dedicated funding.

The Department continued stating that they would like to do more outreach in higher risk parts of our communities. This funding will also enable more coordination and data collection activities. The Department stated that this would provide diagnostic equipment that could be on site in every state. This will be much more effective and cost efficient. Tests that previously had to be sent outside the Nation can be done in country faster and at a substantial cost savings.

The Committee inquired as to whether the number of cases of these diseases were decreasing. The Department stated that multi-drug resistant TB is declining. This is due to screening, better monitoring of treatment and education. Other diseases are showing an increase, but the Department believes that this is

185 STANDING COMMITTEE REPORT NO. 20-58

RE: C.R. NO. 20-81/H&SA

SUBJECT: ACCEPTING A GRANT FROM THE UNITED NATIONS DEVELOPMENT PROGRAM (UNDP) IN THE AMOUNT OF $145,193.

MAY 16, 2018

because more work is being done to screen and identify those with the disease. It is believed that these numbers will show a decline after the majority of our citizens have access to screening and education.

The detailed budget for this grant is attached for the review of the members. The Department stated that the travel budget will be used only for travel within the Nation, and most of it will be healthcare professionals coming in for training.

Your Committee is strongly supportive of the Department of Health and Social Affairs’ efforts to provide additional funding for services to our citizens, including screening and medicines, and it is therefore, for the reasons set forth above, your Committee on Health and Social Affairs supports the grant activities proposed to be funded, and is in accord with the intent and purpose of C.R. No.20-81 and recommends its adoption.

Respectfully submitted,

/s/ Ferny S. Perman /s/ Alik L. Alik Ferny S. Perman, chairman Alik L. Alik, vice chairman

/s/ /s/ Tiwiter Aritos /s/ /s/ Florencio S. Harper Tiwiter Aritos, member Florencio S. Harper, member

/s/ /s/ David W. Panuelo /s/ /s/ Joseph J. Urusemal David W. Panuelo, member Joseph J. Urusemal, member

/s/ /s/ Derensio S. Konman Derensio S. Konman, member

186

STANDING COMMITTEE REPORT NO. 20-59

RE: C.R. NO. 20-88/H&SA

SUBJECT: ACCEPTING A GRANT FROM THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, CENTERS FOR DISEASE CONTROL AND PREVENTION IN THE AMOUNT OF $386,105.

MAY 16, 2018

The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fourth Regular Session, 2018

Dear Mr. Speaker:

Your Committee on Health and Social Affairs to which was referred C.R. No. 20-88, entitled:

“A RESOLUTION APPROVING AND ACCEPTING A GRANT IN THE AMOUNT OF $386,105 FROM THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, CENTERS FOR DISEASE CONTROL AND PREVENTION, TO PROVIDE FUNDING FOR THE FSM PROGRAM ENTITLED: “IMPROVING HEALTH OF THE PEOPLE OF THE FSM THROUGH PROGRAM LEADERSHIP AND MANAGEMENT, SURVEILLANCE AND EPIDEMIOLOGY, HEALTH SYSTEM”, INCLUDING ALL THE TERMS AND CONDITIONS OF THE ASSISTANCE.”, begs leave to report as follows:

The intent and purpose of the resolution are expressed in its title.

Your Committee held a hearing on May 14, 2018, the witnesses present included: the Department of Health and Social Affairs, including the Secretary and her key staff, and representatives of the Department of Justice and the Department of Finance and Administration, as well as, the Office of the President.

The work done by the Department of Health and Social Affairs in the areas of non-communicable disease is well known to your Committee. The program coordinators for diabetes and tobacco control were at the public hearing and confirmed that the majority of this grant will be used to fund personnel working in these programs at the national and state level.

The focus of this grant is prevention and the program works with partners and vendors to give options for lower salt, sugar and fat foods. The Committee questioned the reach and effectiveness of these efforts as the private schools, on their own initiative, have banned many of these food items, while the public schools seem to struggle with this issue.

The Committee also noted that restrictions on food alone rarely worked and more emphasis on exercise and other healthy life style choices needed to be done in conjunction with work on food/nutrition

187 STANDING COMMITTEE REPORT NO. 20-59

RE: C.R. NO. 20-88/H&SA

SUBJECT: ACCEPTING A GRANT FROM THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, CENTERS FOR DISEASE CONTROL AND PREVENTION IN THE AMOUNT OF $386,105.

MAY 16, 2018

education. The examples the Committee gave on these efforts were community run groups who did activities related to health.

The detailed budget for this grant is attached for the review of the members. The Department was requested to make the training and workshops valuable as the travel budgets of the U.S. federally funded programs will be examined during oversight soon.

Your Committee is strongly supportive of the Department of Health and Social Affairs’ efforts to provide additional funding for services to our citizens suffering from non-communicable diseases and it is therefore, for the reasons set forth above, your Committee on Health and Social Affairs supports the grant activities proposed to be funded, it is in accord with the intent and purpose of C.R. No.20-88 and recommends its adoption.

Respectfully submitted,

/s/ Ferny S. Perman /s/ Alik L. Alik Ferny S. Perman, chairman Alik L. Alik, vice chairman

/s/ /s/ Tiwiter Aritos /s/ /s/ Florencio S. Harper Tiwiter Aritos, member Florencio S. Harper, member

/s/ /s/ David W. Panuelo /s/ /s/ Joseph J. Urusemal David W. Panuelo, member Joseph J. Urusemal, member

/s/ /s/ Derensio S. Konman Derensio S. Konman, member

188

STANDING COMMITTEE REPORT NO. 20-60

RE: C.R. NO. 20-93/H&SA

SUBJECT: ACCEPTING A GRANT FROM THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION IN THE AMOUNT OF $106,291.

MAY 18, 2018

The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fourth Regular Session, 2018

Dear Mr. Speaker:

Your Committee on Health and Social Affairs to which was referred C.R. No. 20-93, entitled:

“A RESOLUTION APPROVING AND ACCEPTING A GRANT IN THE AMOUNT OF $106,291 FROM THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION, TO FUND AND SUPPORT THE COMMUNITY MENTAL HEALTH SERVICES PROJECT IN THE FSM FOR THE BUDGET PERIOD FROM OCTOBER 1, 2017 TO SEPTEMBER 30, 2018, INCLUDING ALL THE TERMS AND CONDITIONS OF THE ASSISTANCE.”, begs leave to report as follows:

The intent and purpose of the resolution are expressed in its title.

Your Committee held a hearing on May 14, 2018 the witnesses present included: the Department of Health and Social Affairs, including the Secretary and her key staff, and representatives the Department of Justice and the Department of Finance and Administration, as well as, the Office of the President.

Your Committee is supportive of all of the work done by the Department of Health and Social Affairs in the areas of substance abuse prevention and treatment, and mental health. The programs supported by this proposed grant are very well known to the Committee, and the Department further updated the Committee during the hearing.

The specific uses of this grant will be counseling services and medication in all the four states. The program coordinators confirmed that only out-patient services are available for the citizens of our Nation, however, this is the model that has been adopted for the most part in the U.S. The program coordinators further stated that substantial efforts are made by the State Departments of Health and mental health programs to travel to our citizens in need rather than depending on them to go the hospital or clinic.

Your Committee has also requested the Department of Health and Social Affairs, and its program coordinators to investigate what can be done to assist the mental health and substance abuse patients with

189 STANDING COMMITTEE REPORT NO. 20-60

RE: C.R. NO. 20-93/H&SA

SUBJECT: ACCEPTING A GRANT FROM THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION IN THE AMOUNT OF $106,291.

MAY 18, 2018

other health issues. It is noted by the Committee the need to take into consideration all the health needs of this vulnerable group.

The detailed budget for this grant is attached for the review of the members. To avoid confusion the Committee notes that the budget is for an anticipated annual award and the current grant is for half, or a six months period.

Your Committee is strongly supportive of the Department of Health and Social Affairs’ efforts to provide additional funding for services to our citizens suffering from issues relating to substance abuse and/or mental illness and it is therefore, for the reasons set forth above, your Committee on Health and Social Affairs supports the grant activities proposed to be funded, it is in accord with the intent and purpose of C.R. No.20-93 and recommends its in the form attached hereto.

Respectfully submitted,

/s/ Ferny S. Perman /s/ Alik L. Alik Ferny S. Perman, chairman Alik L. Alik, vice chairman

/s/ /s/ /s/ Florencio S. Harper Tiwiter Aritos, member Florencio S. Harper, member

/s/ /s/ David W. Panuelo /s/ /s/ Joseph J. Urusemal David W. Panuelo, member Joseph J. Urusemal, member

/s/ /s/ Derensio S. Konman Derensio S. Konman, member

190

STANDING COMMITTEE REPORT NO. 20-61

RE: PRESIDIENTAL COMMUNICATION NO. 20-211

SUBJECT: FISCAL YEAR 2019 BUDGET/H&SA

MAY 24, 2018

The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fourth Regular Session, 2018

Dear Mr. Speaker:

Your Committee on Health and Social Affairs, to which was jointly referred the National Government’s proposed Fiscal Year 2019 budget, begs leave to report as follows:

Presidential Communication No. 20-211 was transmitted to Congress with the National Government Fiscal Year 2019 Recommended Budget on April 1, 2018. Pursuant to Rule 7, Section 3(b) of the Official Rules of Procedure of the Twentieth Congress of the Federated States of Micronesia, your Committee has limited its review to those portions of the budget relating to matters under its jurisdiction. Your Committee shall review the following departments and divisions of the Department of Health and Social Affairs for the Fiscal Year 2019 budget items:

I. Department of Health and Social Affairs A. Office of the Secretary B. Division of Health System Support C. Division of Environmental Health Services Unit D. Gender Development Unit E. Sport & Youth Unit F. Human Rights & Social Development G. Disability & Aging Support Services II. Office of National Archives, Culture and Historic Preservation III. Grants, Subsidies & Contributions A. Department of Health and Social Affairs 1. Grants a. National Board of Nursing & Medical Licensing b. FSM Red Cross c. National Therapeutics & Standards Committee 2. Contributions a. United Nations Fund for Population Activity (UNFPA) b. World Health Organization (WHO) c. FSM Amateur Sports Association d. Pacific Islands Health Officer Associations (PIHOA) e. Association of Territorial Health Organizations f. Vaccine &TB Drug Purchasing Scheme g. U.N. Women

191 STANDING COMMITTEE REPORT NO. 20-61

RE: PRESIDIENTAL COMMUNICATION NO. 20-211

SUBJECT: FISCAL YEAR 2019 BUDGET/H&SA

MAY 24, 2018 h. Investing in the Youth through Sports & Health i. Maintenance Effort B. Office of National Archives, Culture and Historic Preservation 1. Contributions a. UNESCO Membership Fee b. NCSHPO c. PARBICA d. PIALA e. WHC Membership Fee C. FSM Social Security Administration D. FSM National Government Employee’s Health Insurance Plan IV. Capital and Human Resource Development A. Department of Health and Social Affairs 1. Health Services Special Pathologist 2. Environment (Food & Water Lab Testing) 3. Medical Specialist Team 4. Doctors for Tomorrow Program 5. MOE-BHWP Medicine 6. National Vector Control 7. Drug Testing Program 5. National NGO & Civil Society

The Committee notes there are some minor inaccuracies in the President’s budget book for FY2019, and will analyze each in the relevant category below.

This report, and all previous and subsequent reports of your Committee, should be treated as reflecting policies of the Federated States of Micronesia, as defined by Congress. It is the intent of your Committee that any commentary found in this report should be treated as policy for the guidance of the department, agencies and entities.

Your Committee on Health and Social Affairs held public hearings on May 19 and 23, 2018 regarding the above budget items for the National Department of Health and Social Affairs. The Committee also held hearings with the Office of the National Archives, Culture and Historic Preservation on May 21, 2018. And, public hearings were held during the January 2018, session of Congress with the FSM Social Security Administration, and the FSM National Government Employee’s Health Insurance Plan, and through follow up communication.

Present at the hearings for the Department of Health & Social Affairs were the Secretary and key staff from all of her relevant divisions, representatives from the Department of Justice, the Office of the President, the Department of Finance and Administration, and the Office of Personnel.

192 STANDING COMMITTEE REPORT NO. 20-61

RE: PRESIDIENTAL COMMUNICATION NO. 20-211

SUBJECT: FISCAL YEAR 2019 BUDGET/H&SA

MAY 24, 2018

1. DEPARTMENT OF HEALTH AND SOCIAL AFFAIRS

A. Administration-Office of the Secretary

FY18 FY19 President FY19 Committee Appropriated Recommends Recommends Personnel 71,675 84,406 71,675 Travel 48,000 52,000 48,000 Contract 19,602 19,602 19,602 OCE 20,700 20,700 20,700 Fixed Assets -0- -0- -0- Total 159,997 176,708 159,997 Number of 3 3 3 Employees

The President’s Budget Book recommends funding for FY2019 for the Office of the Secretary at $176,708. The commentary from your Committee is as follows:

Personnel: The President recommends $84,406 for this category for FY19. During the hearing with the Department the Committee first questioned the Department regarding the difference in the amount requested under this category for the coming year. The Secretary stated that she was requesting a step increase for two of her employees and the accompanying salary increase.

For the past several fiscal years your Committee has noted its deep concern that there will be, if not dramatic decreases in funding in 2023, at least some step down from current funding levels. And this Committee has given voice to its strong belief that more must be done to maintain fiscal discipline at the National Government level. At this time the Committee is not recommending salary increases or level/step increases for the Office of the Secretary. Your Committee is resolved to recommend funding for the coming fiscal year for Personnel in the Office at FY18 levels.

In consideration of the decision described above the Committee recommends $71,675 for the Personnel category for the Office of the Secretary for the Fiscal Year 2018.

Travel: For several years now the budget for this category has been $48,000. The Committee questioned the proposed increase to $52,000 for the coming FY19 and the Department responded that additional trips to Guam and Manila have been proposed for the purposes of capacity building and training. Your Committee believes the current travel budget and travel under the U.S. federally funded programs provides sufficient funding for these activities, and that no change is warranted at this time.

Your Committee recommends $48,000 for the Travel category for the Office of the Secretary for Fiscal Year 2019.

Contract: The contracts for rent, maintenance of equipment and internet remain the same as in years past. The budget for FY19 is again recommended at $19,602. Your Committee is satisfied, at this time, with

193 STANDING COMMITTEE REPORT NO. 20-61

RE: PRESIDIENTAL COMMUNICATION NO. 20-211

SUBJECT: FISCAL YEAR 2019 BUDGET/H&SA

MAY 24, 2018 continuing with the same budget for this category, and therefore, recommends the $19,602 for Contract Services for the Office of the Secretary for Fiscal Year 2019.

OCE: The President has recommended funding remain the same for OCE for the coming year at $20,700. Your Committee believes this amount will meet the needs of the Department and recommends the budget of $20,700 for Fiscal Year 2019 for OCE for the Office of the Secretary.

Fixed Assets: No budget for fixed assets was proposed by the President or recommended by the Committee for the Office of the Secretary for Fiscal Year 2019.

In accordance with the above analysis your Committee recommends a total of $159,997 for the Fiscal Year 2019 for the Office of the Secretary of Health and Social Affairs.

B. Division of Health System Support

FY18 FY19 President FY19 Committee Appropriated Recommends Recommends Personnel 107,683 116,221 107,683 Travel 27,715 32,715 27,715 Contract 45,000 45,000 45,000 OCE 26,701 26,701 26,701 Fixed Assets -0- -0- -0- Total 207,099 220,637 207,099 Number of Employees 6 6 6

The President’s Budget Book recommends funding for Fiscal Year 2019 for the Division of Health System Support at $220,637. The full commentary of the Committee is as follows:

Personnel: The President proposes a slight increase in this category for the coming year, up to $116,221 for FY19. The current personnel cost is $107,683 and it is the intention of the Department to maintain the same number of positions in FY19 as in the current year. The Committee, therefore, corrects proposed salary for the Health Planner IV and the Program Manager to the current level as provided by the Office of Personnel, and to maintain the funding level for FY19 at $107,683.

For the reason stated above, your Committee recommends $107,683 for Personnel for the Division of Health System Support for the Fiscal Year 2019.

Travel: For the Fiscal Year 2019 the President proposes to increase the travel budget for this Division by $5,000 to $32,715.

The Department stated that an additional trip visiting all the four states was necessary this coming fiscal year. Your Committee is not convinced that additional travel is warranted at this time, and suggests that the Department do additional activities during one of the already recommended trips.

194 STANDING COMMITTEE REPORT NO. 20-61

RE: PRESIDIENTAL COMMUNICATION NO. 20-211

SUBJECT: FISCAL YEAR 2019 BUDGET/H&SA

MAY 24, 2018

Upon review of the budget for this category your Committee has determined that no increase in travel funding is necessary for this coming year, and therefore, recommends funding for Travel for the Division of Health System Support at $27,715 for travel for Fiscal Year 2019.

Contract: The Committee notes that this category is proposed at the same level as appropriated in years past. The portion of funding dedicated to rent for office space at the Capital Suites remains, after investigation by the Committee, reasonable and appropriate. The Committee again recommends $45,000 for Contract Services for the Division of Health System Support for Fiscal Year 2019.

OCE: The proposed budget for this category for FY19 is $26,701, which is the same as the previous year. The Department stated that it believed that this budget was sufficient for the coming year.

Therefore, your Committee recommends funding of $26,701 for OCE for Fiscal Year 2019 as recommended by the President for the Division.

Fixed Assets: No budget for fixed assets was proposed by the President or recommended by the Committee for the Division of Health System Support for Fiscal Year 2019.

After a detailed review your Committee advises the slight adjustments noted above and recommends a total of $207,099 for Fiscal Year 2019 for the Division of Health System Support.

C. Division of Environmental Health Services

FY18 FY19 President FY19 Committee Appropriated Recommends Recommends Personnel 200,293 253,476 253,476 Travel 38,000 38,000 38,000 Contract 36,000 36,000 36,000 OCE 29,700 29,700 29,700 Fixed Assets 26,000 -0- -0- Total 329,993 357,176 357,176 Number of Employees 12 15 15

The President’s Budget Book recommends funding for Fiscal Year 2019 for the Division of Environmental Health Services at $357,176. The commentary of your Committee follows:

Personnel: Your Committee notes that three new positions are proposed for the Division of Environmental Health Services for FY19, these positions are National Food Inspectors. Your Committee has received this same request for several years. A very detailed explanation as to why the positions are necessary to support our Nation’s efforts to export food items. This Committee takes its obligation to ensure that our food exports, especially of fish, are safe and meet health standards, very seriously. The three new positions would sit, one each, in Kosrae, Pohnpei and Yap. Although reluctant to increase National Government expenditure, the Committee believes that over the years this change has been well justified.

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As discussed in detail above, your Committee recommends funding for Personnel for the Division of Environmental Health Services at $253,476 for Fiscal Year 2019.

Travel: The President’s recommended travel budget for this Division is approximately the same as the previous fiscal year, and your Committee concurs with a $38,000 for Travel budget for the Division of Environmental Health Services for FY19.

Contract: The Committee recommends funding of the full $36,000 for Contractual Services for FY 19 as recommended by the President for the Division of Environmental Health Services. This funding level is the same as the previous year.

OCE: The President recommends a budget of $29,700 for OCE for this Division. During the public hearing the Secretary and the staff from this Division confirmed that this would adequately meet their needs. It is, therefore, for this reason the Committee recommends $29,700 for the OCE category for the Division of Environmental Health Services for FY19.

Fixed Assets: The President recommended -0- in Fixed Assets for FY19, your Committee appreciates this assessment and concurs.

For the above stated reasons, your Committee concurs and recommends the President’s budget at a total of $357,176 for Fiscal Year 2019 for the Division of Environmental Health Services.

D. Gender Development Unit

FY18 FY19 FY19 Appropriated President Committee Domestic Recommend Recommend Total Domestic Personnel 22,724 26,774 22,724 Travel 5,000 29,000 29,000 Contract -0- 10,000 10,000 OCE 6,300 45,300 30,000 Fixed Assets -0- 3,000 3,000 Total 34,024 114,074 94,724 Number of 1 1 1 Employees

The President’s Budget Book recommends funding for the FY2019 budget for the Gender Development Unit at $114,074. The commentary from your Committee is as follows:

Regarding the increase in personnel, your Committee does not agree with the creation of additional Assistant Secretary positions in the departments throughout our National Government. Therefore, it recommends the position in this Unit be maintained at the current personnel level. It does request the

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Department of Health & Social Affairs and Departments of Justice and Finance ensure that the position is paid at the correct, appropriated level rather than the probationary level.

Your Committee agrees that increases are necessary for this Unit in the categories of travel and contractual in order to be effect. The Department made a strong showing for the activities requested.

As to the OCE category the Committee believes that additional funding is necessary for planning and implementation of the outcomes from the women’s conference, however, does not agree that training of caregivers is appropriate under this Unit. It does not recommend this line item. The Committee agrees that the Unit needs an additional laptop computer.

In light of the above analysis, your Committee recommends $94,724 for the Gender Development Unit for the Fiscal Year 2019.

E. Sport & Youth Unit

FY2018 FY2019 President FY2019 Committee Appropriation Recommends Recommends Personnel 19,070 45,941 45,941 Travel 11,500 11,500 11,500 Contract 8,015 8,015 8,015 OCE 6,750 6,750 6,750 Fixed Assets -0- -0- -0- Total 45,335 72,206 72,206 # Employees 1 2 2

The President’s Budget Book recommends funding for the FY2019 budget for the Sport & Youth Unit at $72,206. The commentary from your Committee is as follows:

Your Committee was advised that the temporary transfer of one position to the Department of Education was to provide support for the Micro Games in Yap in summer 2018. Under an Executive Order by the President this is be temporary and the Department of Health & Social Affairs confirmed its desire to have the employee back prior to the beginning of FY19. Your Committee concurs with this request.

In all other categories the budget for this Unit remains the same. Your Committee appreciates maintaining the previous year’s funding levels.

The Committee, therefore, recommends $72,206 as budget for the Sport & Youth Unit for Fiscal Year 2019.

F. Human Rights & Social Development Unit

The President proposes a new Human Rights & Social Development Unit under the Department of Health & Social Affairs. This new unit is proposed to have a budget of $10,000.

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Your Committee believes that some funding is necessary for the meeting and coordination efforts in moving forward on our various human rights commitments, however, it does not feel that the additional printing costs are justified at this time.

Therefore, your Committee recommends a FY2019 for the Human Rights & Social Development Unit budget of $5,000.

II. Office of the National Archives, Culture and Historic Preservation

FY2018 FY2019 President FY2019 Appropriated Recommends Committee Recommends Personnel 123,701 138,576 138,576 Travel 34,503 35,574 35,574 Contract 10,425 10,452 10,452 OCE 19,892 20,289 20,289 Fixed Assets 7,297 25,000 -0- Total 195,818 229,891 204,891 # Employees 6 7 7

Your Committee, during its May 21, 2018, public hearing with the Office of the National Archives, Culture and Historic Preservation, conducted a detailed oversight and budget investigation with the Office. The President recommends a budget of $229,891 for FY19 for the Office of the National Archives, Culture and Historic Preservation.

The Committee has received recommendations for two years by the President to include an additional position of Archivist. The Office stated that this position has become urgent as additional collections and materials have come into the possession of the Office. Your Committee agrees that the preservation of our important cultural and historical objects is very important, and therefore, recommends the inclusion of this position into the FY19 budget.

The three categories of travel, contractual and OCE are recommended to increase very slightly. Your Committee concurs that costs are rising moderately year to year and recommends the funding levels proposed by the President. In FY19 there is also a recommendation for a new vehicle. In order to contain the budget for the coming year your Committee does not recommend any fixed asset funding at this time.

For the reasons stated above, your Committee recommends $204,891 as the Fiscal Year 2019 budget for the Office of the National Archives, Culture and Historic Preservation.

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III. Grants, Subsidies & Contributions

A. Department of Health and Social Affairs

FY2018 FY2019 FY2019 Appropriated President Committee Recommends Recommends UNFPA 3,000 3,000 3,000 WHO 4,000 4,650 4,650 FSM Sport Assoc. 20,000 -0- -0- PIHOA 20,000 20,000 20,000 Territorial Health 4,000 4,000 4,000 Nurse Licensing 20,000 52,000 20,000 Red Cross 70,000 110,000 70,000 Vaccine Purchase 50,000 50,000 50,000 UN Women 1,000 1,000 1,000 Standards Comm. -0- 37,000 -0- Drug Quality Test -0- 30,000 4,000 AMR -0- 10,000 -0- Surveillance & -0- 70,000 -0- Control Project TOTAL 195,000 391,650 176,650

The requested Grants, Subsidies & Contributions for Fiscal Year 2019 are $391,650. The Committee reiterates the need to maintain or decrease funding levels at the National Government level except in the most urgent and justified situations.

Your Committee agrees that all line items for organization fees should be funded as in previous years. As to the increase in the Nurses Licensing line item your Committee disagrees with adding additional staff and duties to that committee. Likewise, the Committee has before it a request for additional funding for staff as funding from an outside donor has been withdrawn. Your Committee strongly states that it supports a contribution by this Nation to the Red Cross but the local branch needs to increase its efforts at being self-sustaining, and therefore, does not recommend any increase.

As to the creation of a standards committee your Committee is not supportive at this time as the legislation that relates to this item has yet to be evaluated and acted on. The Committee was advised AMR project was provide awareness on over use of antibiotics. Your Committee does not believe that continued small budget awareness campaigns provide much benefit, and could be provided for during other department activities. Regarding the Drug Quality Testing project this is corrected to propose funding of only $4,000 as the bulk of the testing cost is provided by a grant from Australia. The only cost to the FSM is $4,000 for freight. Your Committee is aware of the need for this project and believes it important to our Nation’s health. The last project proposed is for Surveillance & Control to combat communicable disease. It would work in conjunction with professionals in Guam. The activities

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MAY 24, 2018 described in the proposal for this project have be dealt with in U.S. federally funded grants and does not want to see duplication of effort, so does not recommend.

After making its review your Committee advises the adjustments as set forth above and recommends a total of $176,650 for Fiscal Year 2019 for the Grants, Subsidies & Contributions for the Department of Health and Social Affairs.

B. Office of National Archives, Culture and Historic Preservation

FY2018 FY2019 FY2019 Appropriated President Committee Recommends Recommends UNESCO 4,000 4,000 4,000 NCSHPO 2,760 2,760 2,760 PARBICA 100 100 100 PIALA 100 100 100 WHC 54 54 54 Library fee 50 50 50 Prior UNESCO fees 84,000 -0- -0- Total 91,064 6,974 6,974

The President’s proposed subsidies for the Office of National Archives, Culture and Historic Preservation for FY19 have returned to the level of previous years prior to FY18. Now that the past due UNESCO obligations have been satisfied only the regular, periodic fees for membership to relevant organizations is due. Your Committee concurs with and recommends the proposed budget of $6,974 for FY19.

C. Other Grants, Subsidies & Contributions

FSM Social Security Administration

Your Committee held public hearings and informal meetings in the January 2018 regular session with the Social Security Administration and confirmed their requested grant for Fiscal Year 2019 in the May regular session.

During the January 2018 regular session the Administration gave your Committee a presentation, which included the most recent financial analysis for the organization. As a result of this presentation and your Committee’s oversight investigation it has determined that a subsidy is necessary FY19. The Administration continues to face a short fall between the amount of contributions collected and the benefits paid out. Continuing oversight should be done regarding the Administration’s financial solvency, and particularly in light of the upcoming Compact declines in funding. But, as to the coming fiscal year, your Committee has taken decision to include a subsidy for the Social Security Administration of $1,000,000 for FY19.

FSM NATIONAL GOVERNMENT EMPLOYEE’S HEALTH INSURANCE PLAN

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A public hearings and informal meetings were held with the FSM National Government Employee’s Health Insurance Plan during the January 2018 regular session. During those meetings your Committee encouraged the Plan to further organize and review their needs for the upcoming fiscal year, and it indicated its willingness to entertain well organized requests, so long as they came with a detailed budget and good analysis as to the benefits to the Plan. However, no subsidy was proposed in the President’s April 1, 2018, transmission of the FY19 budget, therefore, your Committee defers to the recommendation of the President.

For the reasons stated above, the Committee recommends a subsidy to the FSM National Government Employee’s Health Insurance Plan of -0- for FY19.

IV. Capital and Human Resource Development

Department of Health and Social Affairs

FY2018 FY2019 FY2019 Committee Appropriated President Recommends Recommends Pathologist 58,000 110,000 -0- Food/Water Lab 78,000 58,000 58,000 Medical Team 195,000 -0- -0- Health Sector Arrears -0- -0- -0- Project Food Safety Office -0- -0- -0- Chuuk Doctors: Foundation 127,500 250,500 -0- Project MOE-BHWP Med -0- 22,200 22,200 Empower Youth -0- -0- -0- Nat’l Surveillance -0- -0- -0- Drug Testing -0- -0- -0- Nat’l NGO -0- -0- -0- Women Conf 90,000 -0- -0- Electronic Records -0- 250,000 -0- Youth Sport -0- 120,000 -0- Rheumatic Heart -0- 110,000 -0- Total 548,500 920,700 80,200

The President has recommended funding for several new projects for the Department of Health & Social Affairs for the coming FY19 with a substantial increase in requested funding at $920,700.

After review of the projects presented under this section by the Department of Health & Social Affairs your Committee believes that several activities are best funded and performed at the state level. Starting with the proposed funding increase for pathology from $58,000 in the current FY18 to a proposed

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$110,000 in FY19. During the investigation and evaluation process your Committee ascertained that most of the proposed work under this project is already being done in the states. The Committee is not closed to the idea of supporting this type of health work, but would rather see specific requests for support from each state if needed.

The laboratory funding for food and water testing is proposed at a decrease for the coming year and that is acceptable to your Committee at $58,000.

After a detailed hearing and review of documentation regarding the Doctors for Tomorrow project your Committee wishes to state that it strongly supports investment in our young people going into the health professions. It also, however, strongly believes that funding for this project should sit with the National Scholarship and awards should be determined by the National Scholarship standards. This is most properly under the jurisdiction of the Committee on Education.

The MOE-BHWP project to provide a small amount of shared funding to support our U.S. federally funded grant for mental health services and support is appropriate and in a reasonable amount.

There is a request for funding for a project to work on electronic health records at the national level. This funding request is similar to grants previously received from the U.S. The Committee declines to fund this project until it reviews what has been done on the previous grants and can evaluate whether additional funding is necessary.

Also, there is a request for funding for youth sport activities. The Committee reiterates that this is the type of activity that is best done at the state level. Finally, as to further initiatives regarding the screening, prevention and control of rheumatic heart disease, the continuation of this work should be conducted at the state level.

Your Committee recommends $80,200 for the Department of Health and Social Affairs for its items under Capital and Human Resource Development for the Fiscal Year 2019.

V. Summary

This completes the recommendations of your Committee for the budgets for the Fiscal Year 2019 for the National Department of Health and Social Affairs offices and divisions under its jurisdiction. With the elimination of the National share of the Compact Health Sector Grant five years ago the entire budget for Fiscal Year 2019 is to be funded from Domestic Revenue. While consideration was given to the budget as transmitted by the President your Committee on Health and Social Affairs has departed from the President’s recommendations in several instances. Your Committee, for the reasons stated above, recommends funding of $2,364,917 for the Department of Health and Social Affairs and other agencies under its jurisdiction for the Fiscal Year 2019.

Subject to the conditions and limitations set forth herein, and subject to the concurrence of your Committee on Ways and Means, your Committee recommends approval of the amounts and source of funds identified as Committee Recommendations.

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Respectfully submitted,

/s/ Ferny S. Perman /s/ Alik L. Alik Ferny S. Perman, chairman Alik L. Alik, vice chairman

/s/ /s/ Tiwiter Aritos /s/ /s/ Florencio S. Harper Tiwiter Aritos, member Florencio S. Harper, member

/s/ /s/ /s/ Joseph J. Urusemal David W. Panuelo, member Joseph J. Urusemal, member

/s/ Derensio S. Konman, member

203

STANDING COMMITTEE REPORT NO. 20-62

RE: C.R. NO. 20-94/H&SA

SUBJECT: TO CONFIRM THE NOMINATION OF MR. NENA C. NED TO SERVE AS A MEMBER OF THE FEDERATED STATES OF MICRONESIA SOCIAL SECURITY BOARD OF TRUSTEES, REPRESENTING KOSRAE STATE.

MAY 24, 2018

The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fourth Regular Session, 2018

Dear Mr. Speaker:

Your Committee on Health and Social Affairs to which was referred C.R. No. 20-94, entitled:

“A RESOLUTION TO CONFIRM THE NOMINATION OF MR. NENA C. NED TO SERVE AS A MEMBER OF THE FEDERATED STATES OF MICRONESIA SOCIAL SECURITY BOARD OF TRUSTEES, REPRESENTING THE STATE OF KOSRAE.”, begs leave to report as follows:

The intent and purpose of this resolution are expressed in its title

Your Committee held a hearing on May 22, 2018, the witnesses present included: the nominee, Mr. Nena C. Ned, representatives from the Federated States of Micronesia Social Security, and the President’s Chief of Staff.

Your Committee recognizes the importance of having a diverse set of professional skills represented on the FSM Social Security Board of Trustees, particularly as the administration faces challenging times ahead. The welfare and sustainability of the program for future generations depends on decisions that will be made in the next few years.

In order to ensure the delivery of quality services and financial viability the policies and administration of the FSM Social Security Administration must be reviewed and maintained by an efficient Board of Trustees. The nominee’s background in law enforcement and administration in our judicial system would be a valuable asset in the evaluation of legal issues and administration policies. Although the nominee has not worked directly in finance he has familiarized himself with Social Security issues over the years through previous service on the FSM Social Security Board. The representative from the FSM Social Security Administration stated that during his previous service he was vice chairman and then chairman, and that the nominee’s service was very excellent. Although the Administrator of the Program was unable to attend the hearing he sent a written communication giving his full support of the nominee. The nominee stated that he has a willingness to serve and study any new issues in detail.

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RE: C.R. NO. 20-94/H&SA

SUBJECT: TO CONFIRM THE NOMINATION OF MR. NENA C. NED TO SERVE AS A MEMBER OF THE FEDERATED STATES OF MICRONESIA SOCIAL SECURITY BOARD OF TRUSTEES, REPRESENTING KOSRAE STATE.

MAY 24, 2018

The nominee is well known for his many years of faithful service at the State Government level. This nominee is dedicated, competent and has great integrity. All witnesses and the Committee have confidence in his ability to succeed as a member of the FSM Social Security Board of Trustees. The Representative from the Program stated that the nominee’s prior experience would be an asset to the Board of Trustees. The President’s Office stated that the President regards the nominee highly, and it was with the nominee’s excellent reputation in mind that he asked the nominee if he was willing to serve as a member of the Board of Trustees. The Committee notes that the FSM Social Security Board of Trustees lacks a quorum and can not conduct business at this time. Therefore, action on nominations to this Board deserve urgent attention.

For above reasons, your Committee requests that this nominee be confirmed as a member of the Federated States of Micronesia Social Security Board of Trustees at the earliest possible convenience.

Your Committee on Health and Social Affairs is in accord with the intent and purpose of C.R. No. 20-94, and recommends its adoption, in the form attached hereto.

Respectfully submitted,

/s/ Ferny S. Perman /s/ Alik L. Alik Ferny S. Perman, chairman Alik L. Alik, vice chairman

/s/ /s/ Tiwiter Aritos /s/ /s/ Florencio S. Harper Tiwiter Aritos, member Florencio S. Harper, member

/s/ /s/ David W. Panuelo /s/ /s/ Joseph J. Urusemal David W. Panuelo, member Joseph J. Urusemal, member

/s/ /s/ Derensio S. Konman Derensio S. Konman, member

205

STANDING COMMITTEE REPORT NO. 20-63

RE: P.C. NO. 20-211/EDUCATION

SUBJECT: NATIONAL GOVERNMENT’S RECOMMENDED FY2019 BUDGET

MAY 28, 2018

The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fourth Regular Session, 2018

Dear Mr. Speaker:

Your Committee on Education, to which was jointly referred Presidential Communication No. 20-211 regarding the National Government’s Recommended FY2019 Budget, begs leave to report as follows:

Presidential Communication No. 20-211 was transmitted to Congress with the National Government Fiscal Year 2019 Recommended Budget (“budget book”). Pursuant to Rule 7, Section 3(b), of the Official Rules of Procedure of the Twentieth Congress of the Federated States of Micronesia, your Committee has limited its review to those portions of the recommended budget relating to matters under its jurisdiction. These are:

A. Department of Education 1. Office of the Secretary 2. Division of Quality and Effectiveness (formerly the Division of Basic Education & Accreditation) 3. Division of Formal and Non Formal Education (formerly the Division of Career & Technical) B. Board of Regents COM-FSM C. Grants, Subsidies and Contributions. 1. Aid to Non-Public schools 2. Financial Assistance for FSM students at CMI 3. Financial Assistance for FSM students at PCC 4. National Scholarship 5. National Close-Up 6. National Merit Scholarship 7. COM-FSM Annual Board Meeting D. Resources: Grants, Subsidies and Contributions 1. COM-FSM Treaty Obligations E. Capital & Human Resources Development 1. College of Micronesia-FSM 2. FSM Fisheries and Maritime Institute 3. COM-FSM-SEG 4. National Department of Education 3 Initiatives A. School Accreditation Project B. Teacher Certification Project C. Quality Development Project 5. NDOE SEG Project Year 3 6. Human Resources in Education

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This report, and all previous and subsequent reports of your Committee, should be treated as reflecting policies of the Federated States of Micronesia, as defined by the Congress. It is the intent of your Committee that any commentary found in this report should be treated as policy for the guidance of the department, agencies and entities.

The findings and recommendations of your Committee follow:

I. INTRODUCTORY COMMENTS

Your Committee notes that the FY2019 Budget Book was transmitted to the Twentieth Congress on April 1, 2018. During your Committee’s review of the Budget Book it has noted some inaccuracies, and these are detailed in the relevant portions of the report below.

Your Committee has prepared its recommendations for the above-cited items on the following breakdown of available funds: $922,672 from the Supplemental Education Grant (SEG) for the National Department of Education of which $366,598 is proposed for operations of the Department and the remaining for a project for the Department proposed at $556,074. The amount of SEG available for COM-FSM is $689,948. Pursuant to P.L. No. 18-57 the funding available for NDOE from the Compact Education Sector Grant for FY18 is zero. The funding available for Education Sector Grant for FSM-COM is $1,000,000. COM-FSM is also recommended for $9,218,000 from Compact for IDP in its continued efforts to improved the facilities.

Your Committee held public hearings with the National Department of Education on May 18 and 23, 2018. Your Committee also held a public hearing with the College of Micronesia-FSM on May 14 and 21, 2018. Witnesses at the hearings included: the Secretary of the Department of Education and his key staff, the President of COM-FSM and his key staff, and representatives from the Departments of Finance and Administration, and Justice, the Office of Personnel, and the Office of the President.

There is also a request for an increase in budget for FY2019 to be appropriated from domestic revenue. Your Committee is mindful of the timetable for adoption of a resolution regarding the remaining Compact funding and Supplemental Education Grant on May 30, however, and endeavors in this report to speak to the entirety of the FY19 budget. However, it feels that more oversight is needed regarding the National Department of Education in light of this comment, the Committee has taken decision to conduct extensive oversight with the Department in the coming September 2019 Regular September session.

II. FY 2019 BUDGET –SOURCES AND RECOMMENDATIONS

A. DEPARTMENT OF EDUCATION

1. Office of the Secretary

FY2018 FY2019 FY2019 Appropriated President Committee Recommends Recommends Personnel 128,090 140,283 135,413 Travel 50,000 50,001 50,001

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Contract 15,000 15,000 15,000 OCE 20,649 17,000 17,000 Fixed Assets -0- 1,500 1,500 Total 213,739 223,784 218,914 Number of Employees 7 7 7 The President recommended a budget of $223,784 for the Office of the Secretary to be funded entirely from Domestic Revenue for FY19. The Committee’s recommendations are discussed below for the Office of the Secretary with individual budget commentary as specifically set forth:

Personnel:

The President’s recommendation for personnel differs from the listing provided by the Office of Personnel on May 1, 2018, for three positions. These three have salaries that are listed incorrectly as compared to the current salaries as follows: the Secretary is proposed at $40,000 but currently receives $30,000, the Administrative Officer II is proposed at $19,070, but the Office of Personnel has that position listed at $17,177, and the Secretary I is proposed at $9,939, but actually receives $6,964. The Committee had strongly advocated for no raises in the Secretary salaries several years ago, however, other departments have had their Secretary salaries increased. As education is a very important part of the development of this Nation your Committee believes the head of this department deserves the compensation and respect due him. The Committee recommends that salary increase. Your Committee, therefore, recommends the FY19 budget for Personnel for the Office of the Secretary be adjusted from $140,283 to $135,413.

Travel:

The President recommends the same budget for Travel for the Office of the Secretary as in FY18. Your Committee heard from NDOE and concurs that $50,001 will be sufficient for FY19.

Contractual:

The President recommends the Office of the Secretary receive the same budget for Contractual services in FY19 compared as that appropriated in FY18. The recommended budget for FY18 for this category is $15,000. The Secretary stated that this amount was fine for the needs of his Office. Your Committee does not see reason to disagree with this statement and recommends Contractual Services for the Office of the Secretary at $15,000 for FY19.

OCE:

The President’s recommendation for FY19 is $17,000. The Committee was advised that this decrease in funding for the upcoming year would not result in any difficulty in management and oversight by the Office of the Secretary. Your Committee has reservations in decreasing the OCE several years in a row, but believes it should rely on the representations of NDOE in this regard, and therefore, concurs with the $17,000 for FY19 for OCE.

Fixed Assets:

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At laptop at $1,500 for the Post Secondary Administrator has been proposed for FY19. Your Committee believes that this is a reasonable request, and therefore recommends its approval.

Your Committee recommends funding for the Office of the Secretary for FY2019 at $218,914 entirely from Domestic Revenue.

2. Division of Quality and Effectiveness

FY2018 FY2019 FY2019 Domestic SEG Appropriated President Committee Revenue Recommend Recommend Personnel 164,166 175,575 164,166 -0- 164,166 Travel 116,500 83,046 100,000 38,054 61,946 Contract 89,157 111,157 111,157 -0- 111,157 OCE 24,046 11,629 11,629 -0- 11,629 Fix Assets 5,400 1,700 1,700 -0- 1,700 Total 399,269 383,197 380,652 30,054 350,598 Employee # 8 8 8 0 8

The President recommends a budget of $383,197 for the Division of Quality and Effectiveness for FY2019; with $16,599 proposed to come from Domestic Revenue, and $366,598 from SEG.

Personnel:

Your Committee remains concerned about the shifting of personnel and funding away from the core and most important division of NDOE. This Division is responsible for the three initiatives of teacher certification, school accreditation and student testing, are the primary mandates for the National Department of Education.

To begin with in the Personnel category the Committee notes the following positions’ salaries are listed incorrectly in the Budget Book and should be adjusted to reflect the current salary listed with Office of Personnel: Bridging the Gap Specialist for Chuuk is proposed at $19,070, but is listed currently at $16,303, and the Assessment and Research Specialist is proposed at $19,070, however, the current salary is $13,994. The Committee also strongly notes that a new position for Assistant Secretary has been proposed and is not recommended. Taking into consideration the above comments, your Committee finds that all salaries should be recommended at the current level as listed in the Office of Personnel, therefore in consideration of the above your Committee recommends maintaining personnel cost at $164,166. The entire Personnel budget for this Division will be funded by SEG.

Travel:

Your Committee notes with concern that the Travel budget for this Division is substantially decreased compared to previous years. Your Committee notes this with displeasure as important work must be performed by this division for the purposes of school accreditation, teacher certification and student testing. It specifically increases this budget and calls on NDOE to prioritize work in these areas for the coming year. For the above reasons your

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Committee recommends the travel budget be $100,000 for the coming FY19. Of this $61,946 shall come from SEG and the remaining 38,054 from domestic revenue.

Contractual:

The President proposes a budget of $111,157 for Contracts for the Division, with the entire amount proposed to come from SEG. Again, the Committee appreciates that funding from SEG remains available for the important activities of this division. Fueling for the trips to the outer islands to do the student testing is covered under this budget. Your Committee expects the testing to be done on a timely basis and the results available for review shortly thereafter. For these reasons, your Committee recommends and concurs with the budget of $111,157 for FY19 for contractual for this division.

OCE:

The Committee notes that the OCE for this important division is proposed to be reduced by more than one half, and that is on top of reductions for the last three years. The Secretary stated that funding level was sufficient for all of the activities proposed this coming fiscal year the Committee defers to the advise of the Secretary but remains skeptical. The Committee concurs with the President’s recommendation of $11,629 to be funded in its entirety from SEG.

Fixed Assets:

The President’s recommendation funding for Fixed Assets for the Division of Quality and Effectiveness for FY19 is $1,700 for a laptop computer. The Committee concurs with this request, the $1,700 is proposed to come from SEG.

For the reasons set forth in detail your Committee recommends $380,652 for the Division of Quality and Effectiveness for FY2019. The portion of this Division to be funded by SEG is recommended at $350,598, with the remaining $30,054 to come from Domestic Revenue.

3. Division of Formal and Non Formal Education (formerly the Division of Career and Technical Education)

FY2018 FY2019 FY2019 Appropriated President Committee Recommend Recommend Personnel 159,910 159,910 129,544 Travel 15,000 74,000 25,000 Contract 46,866 33,069 33,069 OCE 11,522 29,267 11,522 Fixed Assets -0- 9,000 -0- Total 233,229 305,246 199,135 Employees # 8 8 7

210 STANDING COMMITTEE REPORT NO. 20-63

RE: P.C. NO. 20-211/EDUCATION

SUBJECT: NATIONAL GOVERNMENT’S RECOMMENDED FY2019 BUDGET

MAY 28, 2018

The President recommends a budget of $305,246 for the Division of Formal and Non Formal Education for FY2019, to come from Domestic Revenue in its entirety. This is the second year that the President has requested dramatic changes in the proposed budget for this Division.

Personnel:

The Committee remains deeply concerned with the enormous shift in personnel to this division. Technical and vocational training strays far from the narrow constitutional mandate for the education at the National level. The states have career, technical and vocational programs that are fully functioning and tailored to their unique needs. Therefore, any expansion at the National level risks duplication and will take a detrimental one size fits all approach.

The following positions should be adjusted to be in line with the current listing from the Office of Personnel: Education Specialist in STEM is proposed at $19,070 and should be corrected to the current $16,303, the Education Specialist in Arts is proposed at $19,070 and should be corrected to the current $13,308, and the sport specialist (SPEC) is proposed at both NDOE and the Department of Health & Social Affairs, and it is agree this position will be at the Department of Health & Social Affairs in FY19 so should be deleted here. This results in the Committee corrected $129,544 rather than the President’s recommended $159,910. A further note it appears that the column does not add up in the budget book and the recommended funding for the employee that was just transferred from last year is still included.

Travel:

It strongly urges the Secretary to reconsider this new emphasis on career and technical education at the National level. The Committee recommends the full funding of the Personnel category, as it is unwilling to defund positions at this time, but will not entertain a new travel budget five times the amount as the previous year. An increase to $25,000 for FY19 is recommended for travel for this division, and the Committee expects this to be travel to the four states to support their efforts to improve the manner in which they provide this type of education.

Contractual:

Your Committee appreciates that this category is showing a proposed reduction in funding to $33,069 for the coming year, and concurs with the President’s recommendation for FY19.

OCE:

Your Committee strongly reiterates its displeasure that this division’s budget has been recommended to increase while the division that serves basic education initiatives has recommended reductions. The Committee does not entertain an increase in activities or funding for the coming fiscal year, and therefore, recommends the continuation of the same level of funding for FY19 at $11,522.

211 STANDING COMMITTEE REPORT NO. 20-63

RE: P.C. NO. 20-211/EDUCATION

SUBJECT: NATIONAL GOVERNMENT’S RECOMMENDED FY2019 BUDGET

MAY 28, 2018

Fixed Assets

The President recommends $9,000 for FY19 for laptops. The Committee does not wish to dedicate funding to this division while there are recommendations to further decrease funding for those working on the primary education initiatives. The Committee, therefore, recommends no funding in this category for FY19.

For the reasons set forth above your Committee recommends the total budget for the Division of Formal and Non Formal Education for FY2019 at $199,135.

OVERALL BUDGET SUMMARY FY2019 – DEPARTMENT OF EDUCATION

FY2018 FY2019 FY2019 Domestic SEG Approp. President Committee Revenue Recommend Recommend Personnel 452,166 475,768 429,123 264,957 164,166 Travel 181,500 207,047 175,001 113,055 61,946 Contract 151,226 159,226 159,226 48,069 111,157 OCE 56,217 57,896 40,146 28,517 11,629 Fix Asset 5,400 12,200 3,500 1,500 1,700 Total 848,509 912,137 805,996 456,098 305,598 Number 23 24 23 16 7 Employee

B. Board of Regents –COM-FSM

The President recommends $115,000 for FY19. The budget and activities remain the same as in the previous year, the Committee, therefore, concurs with the President’s recommendation of $115,000 for the COM-FSM Board of Regents for funding for FY19.

C. Grants, Subsidies and Contributions

FY2018 FY2019 FY2019 Appropriated President Committee Recommend Recommend Aid to Non-Public 600,000 600,000 600,000 Schools Aid to CMI Students 40,000 40,000 40,000 Aid to PCC Students 150,000 150,000 150,000 Aid to Japan -0- -0- 100,000 Students National 2,000,000 2,000,000 2,250,000 Scholarship National Close-Up 75,000 75,000 75,000 Merit Scholarship 275,000 275,000 275,000

212 STANDING COMMITTEE REPORT NO. 20-63

RE: P.C. NO. 20-211/EDUCATION

SUBJECT: NATIONAL GOVERNMENT’S RECOMMENDED FY2019 BUDGET

MAY 28, 2018

COM-FSM Board 5,000 5,000 5,000 Mtg Caroline College -0- -0- 50,000 Faithwalk College -0- -0- 50,000 Total 3,145,000 3,145,000 3,595,000

The President’s budget book recommends funding for FY19 for Grants, Subsidies and Contributions for the National Department of Education in the total amount of $3,145,000, to be funded entirely from Domestic Revenue.

Your Committee concurs with the President’s recommendations for all categories as they remain the same as in years past. The Committee was advised during a public hearing that the Department of Health & Social Affairs has bee funding students studying overseas in health related majors separately under its department. Your Committee is appreciative of all efforts to support our students in higher education, however, it does firmly believe that all funding for higher education scholarships should go through our Scholarship Board and be awarded according to set standards. It is the Committee’s understanding that some students will be continuing their studies, all in Fiji, in the coming school year. The Committee, therefore, increased our recommendation under the National Scholarship to accommodate these students, should they apply for scholarships, and others majoring in our priority needs areas.

The Committee also recommends for FY19 the inclusion of a small subsidy for two private colleges, Caroline College & Pastoral Institute ($50,000) and Faithwalk Christian College ($50,000).

In accordance with the above analysis the Committee recommends $3,495,000 for Grants, Subsidies and Contributions for the National Department of Education for FY19.

D. Resources: Grants, Subsidies and Contributions

1. COM-FSM Treaty Obligation

Your Committee recommends funding of $25,000 for the COM-FSM Treaty Obligations for FY19, which remain the same as in past years. The source of this funding is Domestic Revenue.

E. Capital & Human Resources Development

FY2018 FY2019 FY2019 FY2019 FY2019 Sector FY2019 Approp. President Comm. Domest SEG

COM 3,800,000 3,800,000 4,050,000 3,050,00 1,000,000 -0- FMI 833,915 875,611 875,611 875,611 -0- -0- COM 683,948 689,948 689,948 -0- -0- 689,948 SEG COM-FSM 4,252,250 9,218,000 9,218,000 -0- 9,218,000 -0- Build

213 STANDING COMMITTEE REPORT NO. 20-63

RE: P.C. NO. 20-211/EDUCATION

SUBJECT: NATIONAL GOVERNMENT’S RECOMMENDED FY2019 BUDGET

MAY 28, 2018

COM-FSM -0- -0- 316,000 316,000 -0- -0- FUND Year 4 SEG 556,074 556,074 556,074 -0- -0- 556,074 Accre-dit 100,000 200,000 200,000 200,000 -0- -0- Teach 168,000 168,000 168,000 168,000 -0- -0- Cert. Dev. 82,500 82,650 82,650 82,650 -0- -0- Qual. Total 10,881,479 15,590,283 16,156,283 4,692,261 10,218,000 1,246,022

The President recommends $15,590,283 in funding for Capital & Human Resources Development for the coming FY19 budget. The recommendations for COM-FSM, FMI, the COM-FSM SEG share, and the NDOE three initiatives are well known to the Committee and the proposed funding remains as in years past. The Committee concurs with these recommendations. However, the Committee notes here its concern and displeasure with the significant amount of time and funding that the data management project, now funded by SEG, has taken. Hundreds of thousands of dollars have gone into a program to show snap shot report cards of each school. This Committee was advised over a year ago that it was near completion, however, it remains incomplete. Your Committee will continue to monitor this item at its oversight hearings in the coming year.

The Committee is strongly recommending an additional $250,000 be included in the annual funding to COM- FSM to fund the continuation of a foundation program in medicine: Doctors and Dentists for Tomorrow. This program in years past has provided additional support in science and math courses to ready our students to continue off island in critical needs health and medicine majors. Our students often struggle if they go directly off island to enter a health major. With an intensive course at COM-FSM our students’ chances of success are much greater. The previous source of funding for this program has been withdrawn and your Committee strongly believes that this beneficial for our Nation.

This Committee is very supportive of our students attending our Nation’s only accredited college, and in an effort to make this institution sustainable in the future is recommending $316,000 be included in this FY19 budget specifically for the COM-FSM endowment fund.

Your Committee also recommends the President’s IDP funding from Compact for the continuation of the building and remodeling of our COM-FSM campus’. The Committee recommends inclusion of the entire $9,218,000 from Compact for the IDP building projects planned for COM-FSM, however, will continue its oversight in the coming year to monitor the progress of these efforts.

Additional proposals for funding were presented at the public hearing with COM-FSM. Your Committee advised the College to retransmit their proposals to the President in the coming months. If the Executive Branch deems these projects necessary they can always be included in a later supplemental budget from the President for Congress evaluation.

Your Committee recommends funding for Capital & Human Resources Development for the coming FY19 budget at $15,840,283 with $4,376,261 from Domestic Revenue, $10,218,000 from Sector funds and $1,246,022 from SEG.

214 STANDING COMMITTEE REPORT NO. 20-63

RE: P.C. NO. 20-211/EDUCATION

SUBJECT: NATIONAL GOVERNMENT’S RECOMMENDED FY2019 BUDGET

MAY 28, 2018

III. SUMMARY OF PRESIDENT’S RECOMMENDED BUDGET REQUESTS COMPARED TO COMMITTEE RECOMMENDATIONS

The following budget summary reflects your Committee’s recommended funding levels compared to the President’s Recommended Budget Requests for areas of the Fiscal Year 2019 Budget under the purview of your Committee on Education.

Description FY2019 President FY2019 Committee Recommended Recommends NDOE: Office Secretary 223,784 218,914 NDOE: Quality &Effective 383,197 380,652 NDOE: Formal/Nonformal 305,246 199,135 Board of Regents-COM 115,000 115,000 Aid to Non-Public Schools 600,000 600,000 CMI Students Assistance 40,000 40,000 PCC Students Assistance 150,000 150,000 Japan Students Assist -0- 100,000 National Scholarship 2,000,000 2,250,000 National Close-Up 75,000 75,000 Merit Scholarship 275,000 275,000 COM-FSM Board Mtg. 5,000 5,000 COM-FSM Treaty 25,000 25,000 COM-FSM 3,800,000 4,050,000 COM-FMI 875,611 875,611 COM-FSM--SEG 689,948 689,948 COM-FSM Fund -0- 316,000 COM Infrastructure 9,218,000 9,218,000 Caroline College -0- 50,000 Faithwalk College -0- 50,000 NDOE Accreditation 200,000 200,000 NDOE Teacher Cert. 168,000 168,000 Development Quality 82,650 82,650 NDOE SEG Year 4 566,074 566,074 Total 19,797,510 20,699,984

IV. CONCLUSION

Your Committee on Education has carefully reviewed the President’s Recommended FY2019 budget and all of the supplemental information provided by the Executive and the entities within your Committee’s jurisdiction. The recommended sums set forth above reflect your Committee’s recommendations on the level of funding for the designated activity, program or project for all of Fiscal Year 2019.

215 STANDING COMMITTEE REPORT NO. 20-63

RE: P.C. NO. 20-211/EDUCATION

SUBJECT: NATIONAL GOVERNMENT’S RECOMMENDED FY2019 BUDGET

MAY 28, 2018

Subject to the conditions and limitations set forth herein, and subject to the availability of funding, your Committee on Education recommends approval of the amounts and source of funds identified as Committee Recommendations.

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

/s/ Ferny S. Perman Ferny S. Perman, member

216

20th CONGRESS of the Federated States of Micronesia

FOURTH REGULAR SESSION

Special Committee Reports

217

SPECIAL COMMITTEE REPORT NO. 20-09

RE: COMMITTEE TO WAIT ON THE PRESIDENT

MAY 14, 2018

The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fourth Regular Session, 2018

Dear Mr. Speaker:

Your Committee to Wait on the President, consisting of members Paliknoa K. Welly, Joseph J. Urusemal, Ferny S. Perman, and Victor V. Gouland was duly appointed on May 11, 2018. Paliknoa K. Welly was designated as the chairman.

The Committee met with the President and Vice-President on May 11, 2018 at 11:00 a.m. Chairman Welly greeted the President and Vice-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 stated the main purpose of this regular session was to begin its work on the FY2019 budget.

The President greeted the Committee, and he concurred that Congress give priority during this session to the budget process for FY19. However, the President stated that there was a mid-year supplemental budget request to fund operations and other needs. The President assured the Committee that all the relevant members of each of his departments would be on Pohnpei and available during the session for hearings, with the exception of a few days where some cabinet members would be accompanying him to an important regional meeting.

The President stated that there would be a supplemental budget request transmitted shortly for Congress to take action on this session. Current revenue projections have been transmitted to Congress showing approximately $3.7 million available for appropriation. The President further stated that the World Bank has indicated to the FSM that all the conditions have now been met to trigger the release of reimbursement. This reimbursement should be with the FSM this month and likely by next week. The World Bank is currently processing the release of this money.

During the meeting the President stated that the flooding and mudslides in Pohnpei have been designated a disaster rather than an emergency. The request for assistance to the National Government came after the crisis, and hence it is no longer an emergency. Under the designation of disaster funding has to be requested from the Congress.

During the course of discussions, the President emphasized his desire to push forward in preparing for the Amended Compact termination of funding, primarily for health and education. To this end, he proposes that audits be done of the U.S. federally funded health programs to see where there is overlap and redundancies. He stated that SPC has expressed interest in funding a consultant to do this survey. The programs and initiatives for education should also be reviewed.

218 SPECIAL COMMITTEE REPORT NO. 20-09

RE: COMMITTEE TO WAIT ON THE PRESIDENT

MAY 14, 2018

Next the President turned to the foreign investment bill that remains pending with Congress. He reiterated that defining the functions of the National and State Governments would strength the FSM as a potential site for investment.

The Secretary of Education spoke regarding a proposed regional vocational and technical school. The budget proposed for this would be $2.7 million for renovation of existing buildings and the first years operating budget. He stated there is a growing need to provide alternate skills training for those young people who do not go on to college.

The President then turned his attention to the upcoming Micro Games. He stated he was reluctant to have a lump sum amount included in the National budget. He believed rather that requests should go to individual state delegations for funding. The individual states should be responsible for their athletes and the funding should be allotted to the governors of the four states.

There was discussion of the HI, which has been in dry dock for approximately a month now. The ship has had a few additional maintenance items that needed attention and should be back in country shortly. Also, the second Y-12 should be received shortly.

Finally, the President requested that the Congress take action on the nominations pending before it, particularly the nomination for associate justice of the FSM Supreme Court.

The meeting concluded with mutual agreement to move forward on the above issues in a timely and cooperative manner. Your Committee warmly thanked the President for his time and the lunch provided during the meeting. 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/ Victor Gouland /s/ Ferny S. Perman Victor Gouland, member Ferny S. Perman, member

219

20th CONGRESS of the Federated States of Micronesia

FOURTH REGULAR SESSION

Presidential Communications

220

PRESIDENTIAL COMMUNICATIONS

-No. 20-198 - (Date 02/15/18 & received 02/19/2018)- Designating Congressional Act No. 20-72, as Public Law No. 20-72: “To further amend title 52 of the Code of the Federated States of Micronesia (annotated), as amended, by amending sections 401 ti 409, to realign the name of the Plan, through clarify the roles of the administrator, and to expand the eligibility requirements, and for other purposes”

-No, 20-199 -(Dated 02/23/18 & received 02/26/18)- Designating Congressional Act No. 20-73, as Public Law No. 20-73, “To further amend title 24 of the Code of the Federated States of Micronesia (annotated), as amended, by amending section 920 thereof, to allow for proper implementation of NORMA Administrative penalties, and for other purposes.”

-No. 20-200 -(Dated 02/23/18 & received 02/26/18)- Encouraging the FSM Congress to take action on C.R. No. 20-62, in order to tarify the mutual visa waiver agreement, which was signed on September 21, 2017, between the FSM and the Russian Federation.

-No. 20-201 -(Dated 03/02/18 & received 03/05/18)- Designating Congressional Act No. 20-82 as Public Law No 20-74: “To amend section 9 of Public Law No. 19-118, as amended b Public Laws Nos. 19-125, 19-131, 19-135, 19-146, 19-160, 20-01, 20-14 and 20-23, in order to change the use of funds for a particular line item, and for other purposes.”

-No. 20-202 -(Dated & received 03/12/18)- Designating Congressional Act No. 20-75 as Public Law No. 20-75: “To further amend Public Law No. 20-60, as amended by Public Law No. 20- 65 by amending sections 3, 4, and 6 thereof, to change the use and allottee of funds previously appropriated therein, to fund public projects and social programs in the states of Kosrae and Pohnpei and for other purposes.”

-No. 20-203 -(Dated & received 03/12/18)- Designating Congressional Act No. 20-74 as Public Law No. 20-76: “To further amend Public Law No. 19-10, as amended by Public Law 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 sections 3 and 5 thereof, to change the use of funds previously appropriated therein, for the purpose of funding public projects and social programs in the states of Kosrae and Chuuk, and for other purposes.”

-No. 20-204 -(Dated & received 03/16/18) Designating Congressional Act No. 20-80 as Public Law No. 20-77: “To amend Public Law No. 20-31, as amended by Public Law No. 20-41, by amending section 5 thereof, to change the use of funds previously appropriated therein, to fund public projects and social programs for the people of Chuuk State, and for other purposes.”

-No. 20-205 -(Dated & received 03/16/18)- Designating Congressional Act No. 20-81 as Public Law No. 20-78: “To amend Public Law No. 20-68, by amending section 2 thereof, to change the use of funds previously appropriated therein, to fund public projects and social programs in the state of Kosrae, and for other purposes.”

-No. 20-209 -(Dated & received 03/16/18)- Designating Congressional Act No. 20-77 as Public Law No.

221

Presidential Communications (continued p. 2) 20FSMC 4RS May 2018

-No. 20-206 -(Dated & received 03/16/18)- Designating Congressional Act no. 20-76 as Public Law No. 20-79: “To further amend Public Law No. 19-32, as amended by Public Laws Nos. 19-45, 19-61, 19-83, 19-95, and 19-122, by amending sections 1 and 9 thereof, to deappropriated an amount of $800,000 from the capital and human resources development for the state of Kosrae infrastructure priority projects funding, and for other purposes.”

-No. 20-207 -(Dated& received 03/16/18)- Designating Congressional Act No. 20-79 as Public Law No. 20-08: “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 sections 2 and 5 thereof, to change the use of funds previously appropriated therein to fund public projects and social programs for the people of the states of Yap and Chuuk, and for other purposes.”

-No. 20-208 -(Dated & received 03/16/18)- Designating Congressional Act No. 20-78 as Public Law No. 20-81: “To further amend Public Law No. 18-70, as amended by Public Laws Nos. 19-98, 18-112, 18-122, 19-0, 19-24, 19-41, 19-52, 19-73, 19-82, 19-101, 19-114, 19-139, 20-07, 20-16 and 20-36, by amending section 5 thereof, to change the use of certain funds previously appropriated therein, for the purpose of funding public projects and social programs for the people of Chuuk State, and for other purposes.”

-No. 20-209 -(Dated & received 03/16/18)- Designating Congressional Act No. 20-77 as Public Law No. 20-82: “To further amend Public Law No. 19-54, as amended by Public Laws Nos. 19-62, 19-75, 19-9, 19-99, 19-119, 19-129, 19-136, 19-144, 19-173, 20-04 and 20-05, by amending section 5 thereof, to change the use of funds previously appropriated therein, to fund public projects and social programs in the state of Chuuk, and for other purposes.”

-No. 20-210 -(Dated 02/15/18 & received 03/26/18)- Transmitted te nomination of Ms. Teresa M. Filepin to serve as the FSM Consul General in Guam.

-No. 20-211 -(Dated & received 04/09/18)- Submitted the FY2019 proposed budget for the FSM National Government.

-No. 20-212 -(Dated 04/09/18 & received 04/12/18)- Presented the Dolap Communique, the outcome of the 18th Micronesian Presidents’ Summit, which was concluded on 02/27/18 in Majuro, for information and reference.

-No. 20-213 -(Dated 04/16/18 & received 04/17/18)- Transmitted a resolution adopting the Protected Areas Network National Guiding Framework (“PAN POLICY FRAMEWORK”), which is to establish a transparent, fair and efficient system governing the designation of a nationwide protected areas network by creating the suitable procedures, criteria and mechanisms for their establishment.

-No. 20-214 -(Dated & received 05/07/18)- Transmiting a bill to amend the use of $400,000 from Hosting of Global Environment Facil. Constituency Meetings to funding the Green Climate Fund Regional Dialogue.

222

Presidential Communications (continued p. 3) 20FSMC 4RS May 2018

-No. 20-215 -(Dated & received 05/07/18)- Tranmitting a resolution accepting $386,105 grant from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention to fund the FSM Program on Improving Health of the people of the FSM through Program Leadership and Management, Surveillance and Epidemiology, Health System.

-No. 20-216 -(Dated 05/08/18 & received 05/09/18)- Transmitting a bill that would give the FSM Petroleum Corporation (the “Corporation”) temprorary exemption from duty with respect to all goods imported for the tegrated Coconut Processing Facility, Independent Power Plan, and Coconut Supply Chain Management on Tonoas Island, Chuuk State.

-No. 20-217 -(Dated 05/08/18 & received 05/09/18)- Transmitting a bill that would expand the mandated of the FSM Petroleum Corporation (the “Corporation”) into renewable energy.

-No. 20-218 -(Dated 05/08/18 & received 05/09/18)- Transmitting a bill that would rectify two errors in the FY18 Budget of the Department of Justice relating to the contractual funds of Immigration and Litigation.

-No. 20-219 -(Dated & received 05/11/18)- Transmitting the nomination of Takuro Akinaga to serve as Chief Executive of the Office of the Telecommunication Regulation Authority (the “Authority”)

-No. 20-220 - (Dated & received 05/11/18) Transmitting a resolution of the foreign financial assistance of $350,000,000 in Japanese Yen from the Government of Japan to the Governemnt of the Federated States of Micronesia to fund and support the economic and social programs in the FSM.

-No. 20-221 -(Date & received 05/11/18)- Transmitting for action a resolution approrivng and accepting a grant assistance made available by the U.S. Department of Health and Human Services, Centers of Disease Control and Prevention (CDC) in the amount of $386,105 to fund the FSM Tobacco and Diabetes Prorgrams under the Tobacco and Daibetes Collaborative Partnetship in the FSM.

-No. 20-222 -(Dated & received 05/11/18)- Transmitting for an action a resolution approving and accepting a grant assistance made available by the U.S. Deparment of Health and Human Services, Substance Abuse and mental Health Services Administration in the amount of $106,291 to the FSM Department of Health and Social Affairs, FSM Behaviour Health & Wellness Program.

-No. 20-223 -(Dated & received 05/11/18)- Transmitting the nomination of Jolden J. Johnnyboy to serve as a member of the Office of the Telecommunication Regulation Authority.

-No. 20-224 -(Dated & received 05/11/18)- Transmitting for action a revised version of the current proprosed Foreign Investment bill (C.B. No. 20-33).

223

Presidential Communications (continued p. 4) 20FSMC 4RS May 2018

-No. 20-225 -(Dated & received 05/11/18)- Submitting for approval a grant application to the U.S. Deparment of Health and Human Services, Centers for Disease Control and Prevention, OPHPR in the amount of $691,772 to provide supplemental financial support to the FSM health and Healthcarre Emergency Preparedness Program and its related activities for budget period grom July 01,2018 to June 30,2019.

-No. 20-226 -(Dated 05/08/18 & received 05/14/18)- Transmitting the nomination of Mr. Nena C. Ned to serve as Korae’s representative in the FSM Social Security Board of Directors.

-No. 20-227 -(Dated & received 05/14/18)- Informing that an invitation has been extended for a group of investors from Singapore to visit the FSM to explore foreign investment opportunities; and that a dinner is hosted in their honour at the Cliff Rainbow Hotel at 6:00pm and members of the Congress are also invited.

-No. 20-228 -(Dated & received 05/15/18)- Transmitting the FY18 Supplemental Budget, and a spreadsheet showing its breakdown.

-No. 20-229 -(Dated & received 05/15/18)- Transmitting a bill to revise and update the base salary schedule of the FSM National Government.

-No. 20-230 -(Dated & received 05/16/18)- Transmitting a bill that will regulate pharmaceutical products. (Revised version of C.B. No. 20-142.)

-No. 20-231 -(Dated & received 05/16/18)- Transmitting a resolution accepting the $350,000 grant associated with the grid-tied phovoltaic project funded by the Governemnt of Italy (as approved by the adoption of C.R. No. 16-46 in 2009; so, this is the 2nd and Final tranche in order to complete this project in Chuuk.

-No. 20-232 -(Dated & received 05/16/18)- Transmitting a resolution accepting a grant of $200,000 grant awad from the U.S. Department of Health and Human Services to fund the Opioid State Target Repsonse (STR) program in FSM.

-No. 20-233 -(Dated & received 05/16/18)- Transmitting for action a resolution approving a grant assistance made available by the U.S Deparment of Health and Human Services, Health Resources and Services Administration (HRSA) in the amount of $147,000 to fund and support the FSM Maternal and Child Health Services Program managed by the FSM Deparment of Health and Social Affairs.

-No. 20-234 -(Dated & received 05/16/18)- Transmitting for action a resolution adopting the Federated States of Micronesia National Gender Policy for the period through 2023/

-No. 20-235 -(Dated & received 05/17/18)- Transmitting for action a resolution approving and accepting a foreign financial assistance made available by the United Nations Population Fund (UNPF) in the amount of $125,000, to provide funding support to the various programmes in the FSM’s leveraging effort in pursuit of the realization of the Sustainable Development Goals (SDG’s) which focuses on sexual and reproductive health, gender equality and women’s empowerment and data availability and analysis.

224

Presidential Communications (continued p. 5) 20FSMC 4RS May 2018

-No. 20-236 -(Dated 05/21/18 & received 05/22/18)- Transmitting a bill to appropriate $71,250 of additional funds from the Compact Supplemental Education Grant, for action.

-No. 20-237 -(Dated 05/21/18 & received 05/22/18)- Transmitting for action a resolution accepting a grant in the amount of $250,000 from the Global Partnership of Education (GPE).

-No. 20-238 -(Dated & received 05/24/18)- Designating Congressional Act No. 20-85 as Public Law No. 20-83, with line item vetoes. “To amend sections 1, 2, 3, 8, 9, and 12 of Public Law No. 20-42, as amended by Public Laws Nos. 20-54, 20-64 and 20-67, in order to appropriate $1,445,693 of additional funds from the General Fund of the Federated States of Micronesia for the fiscal year ending September 20, 2018, to deapproriate $20,000 of funds from the particular line item, to clarify the intended use of funds for a particular line item, to designate certain allottees for multiple line items and for other purposes.”

-No. 20-239 -(Dated 05/24/18 & received 05/25/18)- Transmitting a bill for a supplemental appropriation in the total amount of $200,100.70 to support and fund the operation of the Project Management Unit (PMU) for the remaining montsh of the fiscal year.

225

20th CONGRESS of the Federated States of Micronesia

FOURTH REGULAR SESSION

FSM Supreme Court Communications

226

FSM SUPREME COURT COMMUNICATIONS

-No. 20-10 – (Dated & received 02/21/18) – 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. K8-2015.

-No. 20-11 – (Dated & received 03/16/18) - From the Hon. Dennis K. Yamase, Chief Justice of the FSM Supreme Court, informing that he had designated the Hon. Camillo Noket, Chief Justice of the Chuuk State Supreme Court to serve as a Temporary Justice of the FSM Supreme Court in Appeal Case No. K6-2016.

-No. 20-12 – (Dated & received 04/30/18) - 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. K9-2015.

227

20th CONGRESS of the Federated States of Micronesia

FOURTH REGULAR SESSION

Member Communications

228

Member Communications

-No. 20-19 – (Dated & received 04/20/18) – From the Hon. Esmond B. Moses, Vice Speaker, 20th CFSM, sharing the highlights of his trip, on which he travelled with H.E. President Peter M. Christian, to the swearing in ceremony of the new FSM Consul General in Portland, Oregon in early April 2018.

-No. 20-20 – (Dated & received 03/04/18) – From the Hon. Joseph J. Urusemal, Chairman of the Yap Congressional Delegation, submitting the Delegation Office’s seven months Budget Report for fiscal year 2018in the categories of Travel, Consumable Goods, Contractual Services and Fixed Assets.

-No. 20-21 – (Dated & received 05/10/18) – From Chairman Paliknoa K. Welly of the Committee on External Affairs, submitting a trip report summarizing the outcome of the 49th ACP-EU Joint Parliamentary Assembly meeting in Brussels, Belgium on March 18-22, 2018.

-No. 20-22 – (Dated & received 05/10/18) - From Chairman Paliknoa K. Welly of the Committee on External Affairs, submitting a brief report on his meeting with the Hon. Robert Ruecho, FSM Consul General in Guam, on the nomination of Ms. Teresa M. Filepin, President’s new nominee to serve as the FSM Consul General in Guam.

-No. 20-23 – (Dated & received 05/14/18) – From the Hon. Wesley W. Simina, Speaker, 20th FSM Congress, submitting a report on the trip, which he led a FSM Congress delegation to the 138th General Assembly, in which he chaired the meeting of the Asia-Pacific Group (APG), the largest geopolitical group of the IPU, and on his attendance at the other meetings of the 138th General Assembly, in Geneva.

-No. 20-24 – (Dated & received 05/14/18) - From the Hon. Wesley W. Simina, Speaker, 20th FSM Congress, submitting a report on the trip, which he led a FSM Congress delegation to China to honour an invitation from the Government of China, particularly from the Chairmen of the Chinese People’s Political Consultative Conference (CPPCC) and the National People’s Congress.

-No. 20-25 – (Dated 05/10/18 & received 05/16/18) – From the Chairman of the Committee on J&GO (signed by Vice Chairman Neth), submitting a summary report on C.B. No. 20-92 (on special polling places) when it was taken to the Kosrae, Chuuk and Yap states for public hearings during the period of February 08 through March 05, 2018.

-No. 20-26 – (Dated 05/10/18 & received 05/16/18) – From the Chairman of the Committee on J&GO (signed by Vice Chairman Neth), submitting a summary report on C.B. No. 20-07 (on dual citizenship) when it was taken to the Kosrae, Chuuk and Yap states for public hearings during the period of February 08 through March 05, 2018.

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Members Communications (continued p. 2) 20FSMC 4RS May 2018

-No. 20-27 – (Dated 05/10/18 & received 05/16/18) – From the Chairman of the Committee on J&GO (signed by Vice Chairman Neth), submitting a summary report on C.B. No. 20-115 (on the National Minimum Wage) when it was taken to the Kosrae, Chuuk and Yap states for public hearings during the period of February 08 through March 05, 2018.

-No. 20-28 – (Dated 05/10/18 & received 05/16/18) – From the Chairman of the Committee on J&GO (signed by Vice Chairman Neth), submitting a summary report on C.B. No. 20-116 (on Women’s seats, temporary special measures) when it was taken to the Kosrae, Chuuk and Yap states for public hearings during the period of February 08 through March 05, 2018.

-No. 20-29 – (Dated 05/10/18 & received 05/16/18) – From the Chairman of the Committee on J&GO (signed by Vice Chairman Neth), submitting a summary report on C.B. No. 20-03 (on the Repatriation Fund) when it was taken to the Kosrae, Chuuk and Yap states for public hearings during the period of February 08 through March 05, 2018.

-No. 20-30 – (Dated & received 05/17/18) – From Chairman Isaac V. Figir of the W&M Committee, submitting a trip report on their (Senators Figir, and Neth, and staff attorney, Jesse Stutt, and Congress Budget Officer, Mr. Patrick Mackenzie) participation at the 36th Annual Wilshire Consulting Client Conference in Carlsbad, California, 21-28 April 2018.

-No. 20-31 – (Dated & received 05/24/18) – From Chairman Isaac V. Figir of the Committee on Ways & Means on the post-2023 Trust Fund Outlook presentation on May 21, 2018, by Ms. Maggie Ralbovsky (Wilshire Associates) to the FSM Congress and the Executive Branch.

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20th CONGRESS of the Federated States of Micronesia

FOURTH REGULAR SESSION

Departmental Communications

231

DEPARTMENTAL COMMUNICATIONS

-No. 20-37 – (Dated 03/06/18 & received 03/07/18) – From the Hon. Lorin S. Robert, Secretary, FSM Department of Foreign Affairs, presenting compliments and forwarding a Diplomatic Note No. 012/2018 from the Embassy of the People’s Republic of China in the FSM, conveying an invitation by Chinese People’s Political Consultative Conference to visit China in April 2018.

-No. 20-38 – (Dated 02/28/18 & received 03/07/18) – From Mrs. Sihna N. Lawrence, Secretary, Department of Finance & Administration, sending a hard copy of FSM’s Country Program for the Green Climate Fund.

-No. 20-39 – (Dated 03/13/18 & received 03/14/18) – From the Hon. Lorin S. Robert, Secretary, FSM Department of Foreign Affairs, presenting compliments and forwarding a Diplomatic Note No. 18-0062 from the U.S., conveying an invitation for a brief tour on the subject vessel in Ulithi, Yap State on Tuesday, March 20, 2018.

-No. 20-40 – (Dated 04/23/18 & received 04/24/18) – From Mrs. Magdalena A. Walter, Secretary, FSM Department of Health & Social Affairs, informing of a FSM BH&WP and SPF-PFS Advisory Council meeting in Chuuk, from April 30 to May 04, 2018, and inviting Mr. Rayel to attend.

-No. 20-41 – (Dated & received 04/26/18) – From Mr. Kalwin L. Kephas, Secretary, FSM Department of Education, informing of the upcoming National Close-Up Program student’s visit to Congress during session on May 15, 2018 at 10:00 a.m.

-No. 20-42 – (Dated & received 05/08/18) – From the Hon. Lorin S. Robert, Secretary, Department of Foreign Affairs, presenting compliments and to inform of a visit by the Special Envoy from China, Mr. Du Qiwen and his delegation of 4 members, 10-12 May 2018.

-No. 20-43 – (Dated 05/07/18 & received 05/09/18) – From Mrs. Sihna N. Lawrence, Secretary, Department of Finance and Administration, submitting the updated Fiscal Year 2018 Revenue Projection and balance of funds.

-No. 20-44 – (Dated 05/21/18 & received 05/22/18) – From Mrs. Sihna N. Lawrence, Secretary, FSM Department of Finance & Administration, attaching a copy of an update on both the ADB and World Bank projects as of May 2018.

-No. 20-45 – (Dated 05/21/18 & received 05/22/18) - From Mrs. Sihna N. Lawrence, Secretary, FSM Department of Finance & Administration, transmitting copies of the proposed Financial Management Regulations, pursuant to section 102 of the Administrative Procedures Act, for public comment.

232

20th CONGRESS of the Federated States of Micronesia

FOURTH REGULAR SESSION

Agency and Governmental

Authority Communications

233

AGENCY AND GOVERNMENTAL AUTHORITY COMMUNICATIONS

-No. 20-34 – (Dated & received 02/21/18) – From Mr. Eugene Pangelinan, Executive Director, NORMA, informing that the 37th Annual took place in Nauru from March 5 to 16, 2018.

-No. 20-35 – (Dated 03/07/18 & received 03/09/18) – From Dr. Joseph Daisy, EdD, President & CEO, College of Micronesia-FSM, informing that the COM-FSM started its celebration of the 25th Anniversary during the first week of April.

-No. 20-36 – (Dated 04/16/18 & received 04/19/18) – From Mr. Eugene Pangelinan, Executive Director, NORMA, informing of two upcoming meetings, namely FFC 106 and the 15th Infofish World Tuna Trade Conference & Exhibition respectively on May 7-11 2018 in Rarotonga, Cook Islands and in Thailand from May 28-30, 2018.

-No. 20-37 – (Dated 04/18/18 & received 04/30/18) - From Mr. Nakama Sana, Banking Commissioner, attaching the consolidated statement of assets and liabilities of the FSM Commercial Banking System for the quarter ended 31 December 2017.

-No. 20-38 – (Dated & received 03/26/18) – From Mr. Augustine C. Kohler, National Historic Preservation Officer, requesting the Congress archivist to participate in the Institute of Museum and Library Services Conference in Honolulu, 7-9 May 2018.

-No. 20-39 – (Dated 05/04/18 & received 05/08/18) – From Mrs. Anna Mendiola, President/CEO, FSM Development Bank, submitting the annual report of the Bank for the year, which ended December 31, 2017.

-No. 20-40 – (Dated 05/07/18 & received 05/09/18) – From Mr. Alexander Narruhn, Chairman, FSM Banking Board, and Mr. Nakama Sana, Banking Commissioner, transmitting the Banking Board’s 2017 Annual Report.

-No. 20-41 – (Dated & received 05/09/18) – From Mr. Eugene Pangelinan, Executive Director, NORMA, Informing and providing a copy of the Emergency Regulations on Administrative Penalty, which took effect on May 8, 2018.

-No. 20-42 – (Dated & received 05/18/18) – From Mr. Roger Arnold, Chairman, NORMA Board of Directors, presenting the first copy of the “National Oceanic Management Authority Strategic Plan 2018-2023”.

234

20th CONGRESS of the Federated States of Micronesia

FOURTH REGULAR SESSION

State Communications

235

STATE COMMUNICATIONS

-No. 20-15 – (Dated & received 02/20/18) – From the Hon. Lyndon H.Jackson, Governor, Kosrae State, soliciting support to fund the participation of the 112 athletes from the State of Kosrae at the Micronesian Games in Yap, in July.

-No. 20-16 – (Dated 03/12/18 & received 03/14/18) – From Ms. Dee N. N. Libian, Chief Clerk, 9th Yap State Legislature, transmitting a certified copy of Yap State Resolution No. 9-59, which was adopted by the 9th Legislature: “Respectfully and urgently requesting the FSM Insurance Board to facilitate the approval of SelectCare Insurance to operate within the FSM and provide more choices of health insurance coverage in the State of Yap.

-No. 20-17 – (Dated 03/07/18 & received 03/26/18) – From Songkinita S. Bossy, Chief Clerk, Senate, 14th Chuuk State Legislature, transmitted a certified copy of Senate Joint Resolution No. 14-18-SJR-07, which was passed by the 14th Chuuk State legislature, 3rd special session, February, 2018: “Requesting His Excellency Peter M. Christian, President of the Federated States of Micronesia and the FSM Congress to support the recommendation by Mr. Tetsuo Suzuki, for Air Niugini to designate the State of Chuuk as its transit point between Port Moresby and Narita.”

-No. 20-18 – (Dated 04/30/18 & received 05/07/18) – From Mr. Charles D. Johnson, Legislative Clerk, 9th Pohnpei Legislature, transmitting certified copies of Resolutions Nos. 58-18, LD1 and 59-18, LD2, adopted on April 16, 2018: “Conveying the deepest sympathy and earnest condolences of the Ninth Pohnpei Legislature for the passing of one of FSM’s great leaders, former President, the late Honorable Leo A. Falcam”; “Urgently requesting the President of the Federated States of Micronesia and the FSM Congress to take swift action to assist the State of Pohnpei and our people in overcoming the horrendous damages and destruction in this State caused by the heavy rains and disastrous flooding of March 16 and 17, 2018.”

-No. 20-19 – (Dated 04/19/18 & received 05/17/18) – From Peter L. Aten, Chairman, Chuuk State Trade Facilitation Committee, requesting for an assistance of $10,000 to fund one day summit cost with the Traditional Leadership, for the convening of the Chuuk State Leadership meeting.

236

20th CONGRESS of the Federated States of Micronesia

FOURTH REGULAR SESSION

State Supreme Court Communications

237

STATE SUPREME COURT COMMUNICATIONS

NONE

238

20th CONGRESS of the Federated States of Micronesia

FOURTH REGULAR SESSION

Municipal or Town Communications

239

MUNICIPAL OR TOWN COMMUNICATIONS

-No. 20-03 – (Dated 04/03/18 & received 04/04/18) – From Mr. Jose San Nicolas, Mayor, Kolonia Town, inviting Speaker and members of Congress to the grand opening of the Kolonia- China Friendship Multipurpose Gymnasium, which had taken place on April 13, 2018 at 3:00 p.m.

240

20th CONGRESS of the Federated States of Micronesia

FOURTH REGULAR SESSION

Foreign Government

Communications

241

FOREIGN GOVERNMENT COMMUNICATIONS

-No. 20-32 – (Dated & received 02/20/18) – From the Embassy of the People’s Republic of China, presenting its compliments and passing on an invitation from the Chinese People’s Political Consultative Conference to the Hon. Speaker Wesley W. Simina of the 20th FSM Congress, to lead a delegation to visit China, which took place on 23-27, April 2018.

-No. 20-33 – (Dated 03/01/18 & received 03/05/18) – From Madame Gabriela Cuevas Barron, President, IPU, responding and thanking Speaker for an opportunity to work with the Congress delegation to IPU and for opportunities to exchange views on how to advance IPU’s goals in the Asia-Pacific region.

-No. 20-34 – (Dated 02/28/18 & received 03/09/18) – From the Hon. Duarte Pacheco, Head of the Portuguese delegation to the 138th IPU Assembly, enclosing a draft amendment to the IPU statutes submitted by the Portuguese delegation, regarding the sub-amendment to further add Portuguese as a working language, during IPU general meetings.

-No. 20-35 – (Dated 03/07/18 & received 03/14/18) - From Madame Gabriela Cuevas Barron, President, IPU, writing regarding draft amendments, which she submitted last December (2017) which basically cover five issues which should be subjected to a thorough evaluation: (1) Matters related to the legal commitments of the IPU and their approval procedure, (2) Responsibilities and prerogatives of the Presidency, (3) Communication, transparency and accountability, (4) The Triennial Strategy and (5) Official languages.

-No. 20-36 – (Dated 01/10/18 & received 03/08/18) – From the 138th IPU Secretariat regarding the amendments to the IPU Statutes and Rules, which will be considered by the Governing Bodies.

-No. 20-37 – (Dated 05/04/18 & received 05/07/18) – From Mr. Martin Chungong, Secretary General, IPU, informing that the 71st World Health Assembly (WHA) will take place in Geneva from 21 to 26 May 2018.

-No. 20-38 – (Dated & received 05/07/18) - From the Embassy of the People’s Republic of China, presenting its compliments and informing that H.E. Du Qiwen, China’ Special Envoy for the China-Pacific Islands Forum Dialogue, request to meet with the Hon. Speaker Simina, among other meetings.

-No. 20-39 – (Dated 05/03/18 & received 05/08/18) – From Ec. Elizabeth Cabezas G., President, National Assembly of Equador, writing in regard to the serious situation the Ecuadorian State is facing – the criminal attacks that have been perpetrated by felon transnational groups on the border between Ecuador and Colombia and appealing to the international community to join and make an official pronouncement condemning these acts of violation to the human rights and all acts of violence that disturb the peace and security of the state, the region and the global system.

-No. 20-40 – (Dated 05/07/18 & received 05/08/18) – From President Gabriela Cuevas Barron, and Secretary Martin Chungong, of the IPU, enclosing a copy of the draft Resolution and the 2018 Report of the United Nations Secretary General on the ‘Interaction between the United Nations, national parliaments and the Inter-Parliamentary Union.

242

Foreign Government Communications (continued p. 2) 20FSMC 4RS May 2018

-No. 20-41 – (Dated 05/11/18 & received 05/16/18) – From Nguyen Thj Kim Ngan, President of the National Assembly of the S.R Vietnam, extending an invitation to the Hon. Speaker and his Congress delegation to visit Vietnam in June 2018.

-No. 20-42 – (Dated 05/22/18 & received 05/23/18) – From Mr. Martin Chungong, Secretary General, IPU, respectfully urging and asking Congress to ratify the Protocol to Eliminate Illicit Trade in Tobacco Products, since the deadline of July 02, 2018 is rapidly approaching for the Protocol to be ratified by a minimum of 40 countries for it to enter into force.

243

20th CONGRESS of the Federated States of Micronesia

FOURTH REGULAR SESSION

Miscellaneous Communications

244

MISCELLANEOUS COMMUNICATIONS

-No. 20-14 – (Dated 03/21/18 & received 04/10/18) – From Ms. Jessicalynn Reyes, Assistant Chief Clerk, submitting a report on her participation at the public hearings by the J&GO Committee in Kosrae and Chuuk States, during the period of February 25 to March 02, 2018.

-No. 20-15 – (Dated & received 04/04/18) – From a group of staff namely, Aldeha Edward, Paul Womack, Shallane Susumu, Rosalihna Donre, and Jeanda Redy, submitting their report on a trip to Portland, on their course: “Exceptional Writing & Goof- Proof Grammar”, which took place on 26-27 March 2018.

-No. 20-16 – (Dated 04/12/18 & received 04/30/18) – From Mr. Marcellus J. Akapito, Executive Director, Chuuk Conservation Society, reiterating sincere gratitude for the funding support provided to CCS (PL. No. 20-42) and providing an update regarding CCS’s expenditure of the funds.

-No. 20-17 – (Dated 04/16/18 & received 04/30/17) – From Mrs. Shanty Sigrah Asher, thanking the FSM Government and particularly the Congress and Kosrae delegation for providing funding support for her endeavour to obtain her Juris Doctor degree, which took place on May 12, 2018 from the Thomas Jefferson School of Law, and attaching a graduation announcement to that effect.

245

20th CONGRESS of the Federated States of Micronesia

FOURTH REGULAR SESSION

Presidential

Veto

246

Presidential Veto

C.B. No. Short Title Trans. Date Pres. Action. C.B. No. To appropriate the sum of $800,000, or so much thereof as may be 5/22/18 Certain line items 20-184, CD1 necessary, from the General Fund of the Federated States of Miconesia for VETOED the fiscal year ending September 30, 2018, previously appriproated to fund 06/21/18 priority infrastructure projects for the state of Kosrae, and for other purposes. C.B. No. To amend sections 1, 3, 8 and 12 of Public Law No. 20-42, as amended by 5/18/18 Certain line items 20-186, CD1 Public Laws Nos. 20-54, 20-64 and 20-67, in order to appropriate $820,000 VETOED of additional funds from the General Fund of the Federated States of 5/24/18 Micronesia for the fiscal year ending September 30, 2018, and for other purposes. C.B. No. To further amend Public Law No. 20-53, as amended by Public Laws Nos. 5/22/18 Certain line items 20-187 20-57, 20-61 and 20-69, by amending sections 2 and 5 thereof, to change VETOED the use and allottee of funds previously appropriated therein, for the 6/22/18 purpose of funding priority infrastructure projects and other projects and programs in the state of Kosrae, and for other purposes. C.B. No. To appropriate the sum of $1,400,000 from the General Fund of the 5/30/18 Certain line items 20-193 Federated States of Micronesia for the fiscal year ending September 30, VETOED 2018, for the purpose of funding public projects and social programs in the 6/22/18 states of Yap, Kosrae, Pohnpei and Chuuk, and for other purposes.

247

20th CONGRESS of the Federated States of Micronesia

FOURTH REGULAR SESSION

FSM CONSTITUTION

248

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.

249 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 in

250 Constitution of the Federated States of Micronesia 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.

251 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 year 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.

252 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;

(q) to override a Presidential veto by not less than a ¾ vote of all the state delegations, each delegation casting one vote; and

253 Constitution of the Federated States of Micronesia

(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.

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

254 Constitution of the Federated States of Micronesia 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.

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

255 Constitution of the Federated States of Micronesia 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.

Section 3. The President:

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(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

258 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

FOURTH REGULAR SESSION

OFFICIAL RULES OF PROCEDURE

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OFFICIAL RULES OF PROCEDURE (As amended by C.R. No. 19-25)

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 business at all sessions of the Congress held prior to convening the next Congress, provided that

265 Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R. No. 19-25) 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. (d) The Member elected as President shall retain his seat in the Congress until a

266 Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R. No. 19-25) 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; (g) To authenticate by his signature all official acts and papers of the Congress,

267 Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R. No. 19-25) 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; (e) To advise the Congress of needed revisions to laws or bills to bring them

268 Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R. No. 19-25) 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; (b) To maintain order among those present as spectators;

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(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 public may be admitted to the Congress by the Speaker. The Speaker may assign such person a

270 Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R. No. 19-25) 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 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

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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 the motion shall prescribe. RULE 6. COMMITTEES GENERALLY.

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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.

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

273 Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R. No. 19-25) 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 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

274 Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R. No. 19-25) 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 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

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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 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;

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(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 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

277 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 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. 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,

278 Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R. No. 19-25) 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; (ii) Office of National Archives, Culture and Historic Preservation; (iii) Office of Gender Development and Women Affairs; and (iv) Office of Youth and Sports.

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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. 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

280 Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R. No. 19-25) 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 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

281 Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R. No. 19-25) 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 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,

282 Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R. No. 19-25) 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. 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:

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(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 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.

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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 or the call of the Congress is removed by action of the Speaker, subject to appeal to the Congress. The Speaker may order a call of the Congress, subject to appeal to the Congress. (g) A Member may move to remove a bill or resolution from the table at an appropriate time in the order of business of the Congress. The motion shall be decided without debate and shall be put to vote as soon as made.

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(h) A Member may move to suspend one or more sections or paragraphs of the Rules. Such a motion shall state the specific purpose to be accomplished by suspension of the Rules and the specific sections or paragraphs of the Rules which shall be suspended. When a Member moves for suspension of the Rules, the Speaker shall permit the mover to make his motion. The motion shall be decided without debate and shall be put to vote as soon as made, and shall require an affirmative vote by two-thirds of the Members present for adoption. Any suspension of the Rules shall terminate when the specific purpose to be accomplished by suspension of the Rules has been disposed of by the Congress.

Section 6. Motion to reconsider. When a main motion has been made once and carried in the affirmative or negative, it shall be in order for any Member of the Congress to move to reconsider it on the same or succeeding days of the session. Such motion shall take precedence over all other motions except a motion to adjourn or to recess or a motion to recall. The motion shall be decided without debate and shall be put to a vote as soon as made. The motion to reconsider shall be deemed to have passed if the number of affirmative votes equals or exceeds the number required for passage of the main motion being reconsidered. When a motion for reconsideration has been decided, a second motion for reconsideration of the same question shall not be in order.

Section 7. Motion to recall. When a bill, or other matter upon which a vote has been taken has passed out of the possession of the Congress and has been transmitted to the President of the Federated States of Micronesia, it shall be in order for any Member of the Congress to move for recall of the bill, resolution, or other matter by requesting the President to return the bill, resolution, or other matter to the Congress, and such motion shall take precedence over all motions except a motion to adjourn or to recess. The motion shall be decided without a debate and shall be put to vote as soon as made. An affirmative vote of three State delegations is required to recall a bill. When a motion for recall has been decided and defeated, a second motion for recall of the same bill shall not be in order. If the motion for recall is adopted and the bill, resolution, or other matter returned as requested, it shall then be before the Congress for reconsideration in the regular order of business.

Section 8. Previous question. A Member may move to the previous question, provided that the Speaker first ascertains that an opportunity to speak on the question has been provided to at least one Member in each of the State delegations. The motion for the previous question shall be decided without debate and shall be put to vote as soon as made. The adoption of the motion shall require a majority of the entire membership of the Congress. The adoption of the motion for the previous question shall close debate and require the Speaker to put the previous question before the Congress for a vote.

RULE 10. VOTING. Section 1. Methods of voting. There shall be four methods of voting: (a) By voice vote; (b) By the raising of hands;

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(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 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

287 Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R. No. 19-25) 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.

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

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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 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

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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. 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

290 Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R. No. 19-25) 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 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

291 Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R. No. 19-25) 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 without a day’s notice being given of the motion to amend the Rules by the Member proposing to do so. The giving of notice shall consist of: (a) Submitting a written copy of the proposed amendment to the Speaker; and (b) Distributing a copy of the proposed amendment to the Members in session. An amendment to the Rules shall be deemed adopted when approved by a majority vote of the total membership of the Congress. Suspension of the Rules shall not constitute an amendment of the Rules.

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NINETEENTH CONGRESS OF THE FEDERATED STATES OF MICRONESIA 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 1 by its Official Rules of Procedure; and 2 WHEREAS, rule 15 of the Official Rules of Procedure stipulates that a 3 motion is required to amend the said rules; and 4 WHEREAS, a Congressional Resolution is a transparent and open mechanism 5 for an amendment to the Official Rules of Procedure; and 6 WHEREAS, the Members of the Nineteenth Congress of the Federated States 7 of Micronesia desire to add a sub-subsection (iv) to subsection (b) to require 8 that the appointment of the Chief Clerk and Legislative Counsel to be by at 9 least two-thirds vote of the Members of Congress and by secrete ballot; now, 10 therefore, 11 BE IT RESOLVED by the Nineteenth Congress of the Federated States of 12 Micronesia, First Regular Session, 2015, that section 14 of rule 10 of the 13 Official Rules of Procedure of the Nineteenth Congress of the Federated States 14 of Micronesia is amended to read as follows: 15 “Section 14. Other votes. 16 (a) Approval of the following advice and consent nominations 17 require a two-thirds vote of all Congress members: 18 (i) Approval of Presidential appointment of a Justice of 19 the Supreme Court; 20 (ii) Approval of Presidential appointment of an 21 ambassador; 22 (iii) Approval of Presidential appointment of 23 principal officers in the National government; and 24

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C.R. No. 19-25

(iv) Approval of Presidential appointment of the Public 1 Auditor. 2 (b) The following actions may be taken by a vote of at least 3 two-thirds of the Members of Congress: 4 (i) Ratification of a treaty; 5 (ii) Removal of the President, Vice President, of a justice 6 of the Supreme Court for treason, bribery, or conduct involving 7 corruption in office; 8 (iii) Removal of the Public Auditor for cause; and 9 (iv) Approval of appointment of the Legislative Counsel and 10 the Chief Clerk by secret ballot.”; and 11 12 BE IT FURTHER RESOLVED that a certified copy of this resolution be 13 transmitted to the President of the Federated States of Micronesia. 14 15 ADOPTED: May 28, 2015 /s/ Wesley W. Simina 16 Wesley W. Simina Speaker 17 FSM Congress 18 19 ATTEST: /s/ Liwiana Ramon Ioanis 20 Liwiana Ramon Ioanis Chief Clerk 21 FSM Congress 22 23 24 25 26 27

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20th CONGRESS of the Federated States of Micronesia

FOURTH REGULAR SESSION

INDEX OF LEGISLATION

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I N D E X CONGRESSIONAL BILLS Twentieth Congress of the Federated States of Micronesia FOURTH REGULAR SESSION-2018 CB No. Short Title as Introduced SCR No. Page No. C.B. No. To create a new subtitle II of title 24 of the Code of the Federated SCR. No. 28, 52, 62, 77, 20-41 States of Micronesia, as amended, to establish the National Seabed 20-57 174, 298 Resources Authority of the Federated States of Micronesia, provide 5/15/18 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. (Urusemal by request) C.B. No. To further amend section 208 of title 2 of the Code of the Federated 5/24/18 150-151, 164, 20-131 States of Micronesia (Annotated), as amended by Public Law No. 18- 298 53, for the purpose of clarifying and correcting contradictory language, and for other purposes. (Simina) C.B. No. To amend section 305 of title 3 of the Code of the Federated States 12, 16, 298 20-157 of Micronesia (Annotated), as added by Public Law No. 20-19, to increase the statutory limit on the amount of funds that Congress may appropriate to Members Representation Funds, and for other purposes. (Neth) C.B. No. To amend sections 603, 604, 607, 708, 801, 803, 804 and 806 of title 12, 16, 298 20-158 53 of the Code of the Federated States of Micronesia (Annotated) to clarify, define and revise the administration, contribution collections and benefits of the Federated States of Micronesia Social Security, and for other purposes. (Perman) C.B. No. To further amend Public Law No. 15-32, as amended by Public Laws 12, 16, 298 20-159 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 state, and for other purposes. (Perman) C.B. No. To further amend Public Law No. 15-80, as amended by Public Laws 12, 17, 298 20-160 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. (Perman) C.B. No. To further amend Public Law No. 16-18, as amended by Public Laws 13, 17, 298 20-161 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. (Perman)

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C.B. No. Short Title as Introduced (continued Bills 20FSMC.4RS pg. 2) SCR No. Page No. C.B. No. To further amend Public Law No. 18-70, as amended by Public Laws 5/16/18 IX, 13, 17, 82, 20-162 Nos. 18-98, 18-112, 18-122, 19-07, 19-24, 19-41, 19-52, 19-73, 19- 111, 299 82, 19-101, 19-114, 19-139, 20-07, 20-16, 20-36 and 20-52, by amending sections 4 and 6 thereof, to change the use, allottee and lapse date of certain funds previously appropriated therein, for the purpose of funding public projects and social programs for the people of Pohnpei State, and for other purposes. (Perman) C.B. No. To further amend Public Law No. 16-49, as amended by Public Laws 13, 17, 299 20-163 Nos. 16-68, 16-76, 17-06, 17-10, 17-23, 17-30, 17-32, 17-45, 17-82, 17-85, 18-28, 18-45, 18-59, 18-86, 19-11, 19-106 and 19-110 by amending section 6 thereof, for the purpose of changing the lapse date of certain funds previously appropriated therein, to fund public projects and social programs in each of the states, and for other purposes. (Perman) C.B. No. To further amend Public Law No. 16-62, as amended by Public Laws 13, 17, 299 20-164 Nos. 16-71, 17-05, 17-18, 17-29, 17-47, 18-23, 18-33, 18-50, 18-79, 19-19 19-44 and 19-111, by amending section 6 thereof, to change lapse date of certain funds previously appropriated therein, to fund public projects and social programs in each of the states, and for other purposes. (Perman) C.B. No. To further amend Public Law No. 19-64, as amended by Public Laws 5/16/18 IX, 13, 18, 83, 20-165 Nos. 19-81, 19-97, 19-120, 19-137 and 20-29, by amending sections 113, 126, 142, 1 and 2 thereof, to change the use, allottee and lapse date of funds 299 previously appropriated therein, for the purpose of funding public projects and social programs in Pohnpei State, to correct technical errors, and for other purposes. (Perman) C.B. No. To further amend Public Law No. 19-93, as amended by Public Laws 13, 18, 299 20-166 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. (Perman) C.B. No. To further amend Public Law No. 19-141, as amended by Public 13, 18, 299 20-167 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. (Perman) C.B. No. To further amend Public Law No. 19-170, as amended by Public Law 13, 18, 299 20-168 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. (Perman) C.B. No. To further amend Public Law No. 17-68, as amended by Public Laws 14, 18, 299 20-169 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. (Perman)

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C.B. No. Short Title as Introduced (continued Bills 20FSMC.4RS pg. 3) SCR No. Page No. C.B. No. To further amend Public Law No. 18-99, as amended by Public Laws 14, 19, 300 20-170 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. (Perman) C.B. No. To further amend Public Law No. 18-11, as amended by Public Laws 14, 19, 300 20-171 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. (Perman) C.B. No. To further amend Public Law No. 18-117, as amended by Public 14, 19, 300 20-172 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. (Perman) C.B. No. To further amend Public Law No. 19-10, as amended by Public Laws 14, 19, 300 20-173 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. (Perman) C.B. No. To further amend Public Law No. 19-93, as amended by Public Laws 14, 19, 300 20-174 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. (Perman) C.B. No. To further amend Public Law No. 19-54, as amended by Public Laws 14, 20, 300 20-175 Nos. 19-62, 19-75, 19-79, 19-99, 19-119, 19-129, 19-136, 19-144, 19-173, 20-04 and 20-54, by amending section 6 thereof, to change the lapse date of funds previously appropriated therein, to fund public projects and social programs in each of the states, and for other purposes. (Perman) C.B. No. To further amend Public Law No. 19-64, as amended by Public Laws 14, 20, 300 20-176 Nos. 19-81, 19-97, 19-120, 19-137 and 20-29 by amending section 2 thereof, to change the lapse date of funds previously appropriated therein, for the purpose of funding public projects and social programs in the states of Kosrae and Pohnpei, and for other purposes. (Perman) C.B. No. To amend Public Law No. 19-89, as amended by Public Laws Nos. 15, 20, 300 20-177 19-94, 19-127, 19-151, 19-159, 20-06 and 20-32, by amending section 6 thereof, to change the lapse date of funds previously appropriated therein, for the purpose of funding public projects and social programs in each of the states, and for other purposes. (Perman) C.B. No. To amend Public Law No. 19-152, as amended by Public Laws Nos. 15, 20, 300 20-178 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. (Perman)

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C.B. No. Short Title as Introduced (continued Bills 20FSMC.4RS pg. 3) SCR No. Page No. C.B. No. To further amend Public Law No. 19-170, as amended by Public Law 15, 20, 301 20-179 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. (Perman) C.B. No. To further amend Public Law No. 19-121, as amended by Public 15, 20, 301 20-180 Laws Nos. 19-130, 19-142, 20-09, 20-22, 20-51, 20-59 and 20-70, by amending section 6 thereof, to change the lapse date of funds previously appropriated therein, for the purpose of funding public projects and social programs for the people of the states of Yap, Kosrae, Pohnpei and Chuuk, and for other purposes. (Perman) C.B. No. To further amend section 9 of Public Law No. 20-42, as amended by 32, 41, 301 20-181 Public Laws Nos. 20-54, 20-64, and 20-67, to change the use of certain funds previously appropriated for the fiscal year ending September 30, 2018, and other purposes. (Urusemal by request) C.B. No. To appropriate $88,874,877 from the General Fund of the Federated 32, 42, 301 20-182 States of Micronesia for the fiscal year ending September 30, 2019, to provide funding for the operations of all branches of the National Government of the Federated States of Micronesia, its agencies, various programs, grants, subsidies and contributions, and Capital and Human Resources Development, and other purposes. (Urusemal by request) C.B. No. To amend title 25 of the Code of the Federated States of Micronesia 42, 56, 301 20-183 (Annotated), as amended, by adding a new section 309, to provide for the banning of the importation of Styrofoam and plastic cups, plates and individual food containers, and plastic shopping bags, and for other purposes. (Perman) C.B. No. To appropriate the sum of $800,000, or so much thereof as may be 5/15/18 IX, 42, 56, 65, 20-184 necessary, from the General Fund of the Federated States of 78, 301 Micronesia for the fiscal year ending September 30, 2018, previously appropriated to fund priority infrastructure projects for the state of Kosrae, to fund public projects and social programs in the state of Kosrae, and for other purposes. (Welly) C.B. No. To further amend Public Law No. 20-68, as amended by Public Law 5/15/18 IX, 42, 57, 68, 20-185 No. 20-78, by amending sections 3 and 5 therein, for the purpose of 81, 301 changing the use and allottee of funds previously appropriated thereof, to fund public projects and social programs in the states of Pohnpei and Chuuk, and for other purposes. (Aritos) C.B. No To amend sections 1, 3, 8 and 12 of Public Law No. 20-42, as 5/15/18 IX, 42, 57, 68, 20-186 amended by Public Laws Nos. 20-54, 20-64 and 20-67, in order to 81, 301 appropriate $820,000 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. (Figir) C.B. No. To further amend Public Law No. 20-53, as amended by Public Laws IX, 43, 57, 67, 20-187 Nos. 20-57, 20-61 and 20-69, by amending sections 2 and 5 thereof, 80, 107, 301 to change the use and allottee of funds previously appropriated therein, for the purpose of funding priority infrastructure projects and other projects and programs in the state of Kosrae, and for other purposes. (Welly)

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C.B. No. Short Title as Introduced (continued Bills 20FSMC.4RS pg. 4) SCR No. Page No. C.B. No. To amend section 222 of chapter 2 of title 54 of the Code of the Federated States 70, 76, 20-188 of Micronesia (Annotated), as amended, by inserting a subparagraph thereto, that 302 creates a temporary exemption from duty with respect to all goods imported for the Integrated Coconut Processing Facility, Independent Power Plant and Coconut Supply Chain Management on Tonoas Island, Chuuk State, and for other purposes. (Harper by request) C.B. No. To amend sections 1 and 2 of Public Law No. 20-42, as amended Public Laws 70, 76, 20-189 Nos. 20-54, 20-64 and 20-67, in order to appropriate $711,915 of additional 302 funds from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, and for other purposes. (Harper by request) C.B. No. To further amend Public Law No. 20-60, as amended by Public Laws Nos. 20- 5/16/18 X, 70, 76, 85, 20-190 65 and 20-75 by amending section 3 thereof, to change the use of funds 114, 302 previously appropriated therein, to fund public projects and social programs in the state of Kosrae, and for other purposes. (Alik) C.B. No. To amend section 205 of title 52 of the Code of the Federated States of Miceonsia 86, 97, 302 20-191 (Annotated), as amended, for the purpose of revising the base salary of the schedule of the FSM National Government, and for other purposes. (Harper by request) C.B. No. To amend sections 202, 205, 206 and 208 and to insert a new section 202A of 97, 119, 302 20-192 title 32 of the Code of the Federated States of Micronesia (Annotated), to amend the Foreign Investment Act of 1997, as amended, to streamline the review and screening of foreign investment applications and issuance of permits by creating a National Foreign Investment Single Window, and by providing for a transitional clause, and for other purposes. (Harper by request) C.B. No. To appropriate the sum of $1,400,000 from the General Fund of the Federated 5/21/18 X, 97, 119, 20-193 States of Micronesia for the fiscal year ending September 30, 2018, for the 129, 144, 302 purpose of funding public projects and social programs in the states of Yap, Kosrae, Pohnpei and Chuuk, and for other purposes. (Welly) C.B. No. To further amend Public Law No. 19-124, as amended by Public Laws Nos. 19- 119, 124, 302 20-194 133, 19-140, 19-150, 20-05, 20-15, 20-33, 20-48, 20-64 and 20-71, by amending sections 4 and 6 thereof, to change the use and allottee of certain funds previously appropriated therein, to fund priority infrastructure projects and other programs in the state of Pohnpei, and for other purposes. (Neth) C.B. No. To further amend Title 41 of the Code of the Federated States of Micreonesia 141, 156, 302 20-195 (annotated), by creating a new chapter 12 to establish the FSM Pharmacuetical Act of 2018, and for other purposes. (Harper by request) C.B. No. To further amend section 1 and 9 of Public Law No. 20-42, as amended by 156, 162, 302 20-196 Public Laws Nos. 20-57 and 20-67 by appropriating of $71,250 of additional Supplemental Education Grant for the National Deparment of Education, and for other purposes. (Harper by request) C.B. No. To amend sections 1 and 12 of the Public Law no. 20-42, as amended by 157, 302 20-197 Public Laws Nos. 20-54, 20-64 and 20-67, in order to appropriate the sum of $200, 100.70 of additional funds from the General Fund of the 2018, to fund the operation of the Project Management Unit (PMU) under the Department of Transporation Communication & Infrastructure for the remainder of the fiscal year, and for other purposes. (Urusemal for Harper by request) C.B. No. To further amend title 55 of the Code of the Federated States of Micronesia 157, 302 20-198 (Annotated), as amended, by adding a new section 1222 for the purpose of requiring twenty percent (20%) of all National Goverhment 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, 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)

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I N D E X CONGRESSIONAL RESOLUTIONS Twientieth Congress of the Federated States of Micronesia FOURTH REGULAR SESSION-2018 C.R. No. Short Title as Introduced SCR No. Page No. C.R. No. Approving and accepting a grant in the amount of $45,000 from the Ministry SCR. NO. 137, 153, 20-76 of Foreign Affairs of the People’s Republic of China, to the Department of 20-51 303 Foreign Affairs of the Federated States of Micronesia, including all the terms 5/24/18 and conditions of the assistance. (Urusemal by request) C.R. No. Approving and accepting a grant from the United Nations Development SCR. No. 75, 117, 20-81 Program (UNDP), in the amount of $145,193 to fund and support the Global 20-58 187-188, Fund Project for TB/HIV in the FSM, including all the terms and conditions 5/18/18 303 of the assistance. ( Harper by request) C.R. No. To confirm the nomination of Ms. Teresa M. Filepin to serve as the FSM IX, 32, 20-86 Consul General in Guam, U.S.A. (Urusemal by request) 303 C.R. No. Approving and adopting the Protected Areas Network National Guiding 32, 43, 20-87 Policy Framework for the National Government of the Federated States of 303 Micronesia. (Urusemal by request) C.R. No. Approving and accepting a grant in the amount of $386,105 from the U.S. SCR. No. XI, 33, 20-88 Department of Health and Human Services, Centers for Disease Control 20-59 43, 75, and Prevention, to provide funding for the FSM program entitled: 5/18/18 118, 303 “Improving Health of the People of the FSM through Program Leadership and Management, Surveillance and Epidemiology, Health System”, including all the terms and conditions of the assistance. (Urusemal by request) C.R. No. Expressing the sincere condolences and sadness to the family of the late 5/15/18 XI, 43, 20-89 Honorable Helbert Dereas at his passing on April 19, 2018. (Simina) 57, 303 C.R. No. Calling upon the state governments of each of the four states of the IX, 43, 20-90 Federated States of Micronesia to take whatever actions are necessary to 57, 303 allow for a referendum to be held in each state during the next state-level election cycle, on a proposal which would individually enshrine the “right to water” within the Constitution of each state, and expressing the intent of the FSM Congress to support the state governments in their efforts to improve access to safe, clean water for all citizens. (Perman) C.R. No. Approving and accepting a non-project grant aid from the Government of 5/24/18 XI, 44, 20-91 Japan in the amount of 350,000,000 Japanese Yen to the Government of 57, 155, the Federated States of Micronesia, for economic and social programs, 303 including all the terms and conditions of the assistance. (Urusemal by request) C.R. No. Setting the ceiling of the total funds estimated to be available for 5/15/18 Ix, 59, 20-92 appropriation from the General Fund of the Federated States of Micronesia 71, 76, for the fiscal year ending September 30, 2018. (Figir) 303 C.R. No. Approving and accepting a grant in the amount of $106,291 from the SCR No. XI, 87, 20-93 United States Department of Health and Human Services, Substance 20-60 97, 131, Abuse and Mental Health Services Administration, to fund and support the 5/21/18 303 Community Mental Health Services Project in the FSM, for budget period from October 01, 2017, to September 30, 2018, including all the terms and conditions of the assistance. (Harper by request) C.R. No. To confirm the nomination of Mr. Nena C. Ned to serve as member of the SCR No. XI, 87, 20-94 Federated States of Micronesia Social Security Board of Directors, 20-62 9, 154, representing the state of Kosrae. (Harper by request) 5/24/18 303

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C.R. No. Short Title as Introduced (continued Resolutions 20FSMC.4RS pg. 2) SCR No. Page No. C.R. No. Approving and accepting a grant in the amount of $386,105 from the XI, 87, 20-95 United States Department of Health and Human Services, Centers for 97, 168, Disease Control and Prevention (CDC), to fund and support the Tobacco 304 and Diabetes Program under the Tobacco and Diabetes Collaborative Partnership in the FSM, including all the terms and conditions of the assistance. (Harper by request) C.R. No. To confirm the nomination of Mr. Jolden J. Johnnyboy to serve as a 87, 97, 20-96 member of the Office of the Telecomunication Regulation Authority of the 304 Federated States of Micronesia. (Harper by request) C.R. No. To confirm the nomination of Mr. Takuro Akinaga to serve as the Chief 87, 98, 20-97 Executive of the Office of the Telecommunication Regulation Authority 304 of the Federated States of Micronesia. (Harper by request) C.R. No. To congratulate United Airlines on the 50th anniversary of providing air 5/24/18 XI, 98, 20-98 service to the Federated States of Micronesia and to express its sincere best 119, wishes for continued success and accomplishments in the coming years. 156, 304 (Simina) C.R. No. Approving and accepting a grant in the amount $350,000 from the 119, 20-99 Government of Italy, to fund the Grid-Tied Photovoltaie Project in the 141, 304 FSM, including all the terms and conditions of the assistance. (Harper by request) C.R. No. Approving and accepting a $250,000 grant from the U.S. Department of XII, 120, 20-100 Health and Human Services, to fund for the Opioid State Targeted 141, Response Program, including all the terms and conditions of the 169, 304 assistance. (Harper by request) C.R. No. Approving and accepting a grant in the amount of $147,000 from the U.S. XII, 120, 20-101 Department of Health and Human Services, Health Resources and Service 141, 10, Administration (HRSA), to fund for the Maternal and Child Health 304 Services Program in the FSM, including all the terms and conditions of the assistance. (Harper by request) C.R. No Adopting and endorsing the Federated States of Micronesia National 120, 20-102 Gender Policy to guide the Government in its effort to promote gender 141, 304 equity, equality, social justice and sustainable development in the Federated States of Micronesia towards the year 2023. (Harper by request) C.R. No. Approving and accepting a grant in the amount of $125,000 from the XII, 120, 20-103 United Nations Population Fund (UNFPA) to fund the implementation of 141, the FSM’s Programmes under the UNFPA Strategic Plan 2018-2021, 170, 304 including all the terms and conditions of the assistance. (Harper by request) C.R. No. Authorizing the President to submit the Recommended National XII, 157, 20-104 Government Compact Budget Request, as revised pursuant to Congress’s 162, 167, recommendations, to the United States Article V of the Fiscal Procedures 304 Agreement. (Urusemal) C.R. No. Expressing the sincere condolences and sadness to the family of the late XII, 168, 20-105 Daniel Kahikina Akaka, at his passing on April 6, 2018. (Simina) 173, 304

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