Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698835347661.pdf (Micronesia, Federated States of)
JOURNAL FOURTH SPECIAL SESSION TWENTIETH CONGRESS of the Federated States of Micronesia PALIKIR, POHNPEI August 2015 PALIKIR, POHNPEI Convened on Monday, 25th of June 2018 Adjourned on Wednesday, 4th of July 2018 JOURNAL FOURTH SPECIAL SESSION TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA August 2018 PALIKIR, POHNPEI Convened on Monday, 25th of June 2018 Adjourned on Wednesday, 4th of July 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 SPECIAL SESSION June 25th, 2018 thru July 4, 2018 TABLE OF CONTENTS SECTION No.
CERTIFICATION ORGANIZATION Leadership and Membership Standing Committees Congressional Offices Page …………………… III …………………… …………………… …………………… IV V VI SUMMARY OF LEGISLATION …………………… VII-IX DAILY JOURNAL INDEX DAILY JOURNAL …………………… X-XI …………………… 1-146 STANDING COMMITTEE REPORTS …………………… 147-167 SPECIAL COMMITTEE REPORTS ............................... 168-171 COMMUNICATIONS Presidential Communications FSM Supreme Court Communications Member Communications Departmental Communications Agencies and Governmental Authorities State Communications State Supreme Court Communications Municipal or Town Communications Foreign Government Communications Miscellaneous Communications PRESIDENTIAL VETO MESSAGE …………………… 172-175 …………………… 176-177 …………………… 178-179 …………………… 180-181 …………………… 182-183 …………………… 184-185 …………………… 186-187 …………………… 188-189 190-191 …………………… 192-193 …………………… …………………… 194-195 CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA ………… 196-210 OFFICIAL RULES AND PROCEDURES OF CONGRESS …………………… 211-243 INDEX OF LEGISLATION Congressional Bills Congressional Resolutions …………………… …………………… 245-247 248 -ii- 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 Special Session-2018, is true and correct and that the original thereof has been duly signed by the Clerk of the Congress of the Federated States of Micronesia, and is on file in the Office of the Speaker.
Wesley W. Simina, Speaker Twentieth Congress of the Federated States of Micronesia Liwiana Ramon Ioanis, Chief Clerk Twentieth Congress of the Federated States of Micronesia -iii- TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA Fourth Special Session-2018 PRESIDING OFFICERS The Honorable Wesley W. Simina The Honorable Esmond B. Moses The Honorable Florencio (Singkoro) Harper Speaker Vice Speaker Floor Leader MEMBERSHIP I. Senators-at-Large (4-years) Alik L. Alik David W. Panuelo* Wesley W. Simina Joseph J. Urusemal* STATE OF KOSRAE Paliknoa K. Welly* STATE OF POHNPEI Ferny S. Perman Dion G. Neth Esmond B. Moses STATE OF CHUUK Florencio Singkoro Harper Victor (Vicky) Gouland Derensio S. Konman Tiwiter Aritos* Robson U. Romolow STATE OF YAP Isaac V. Figir State of Kosrae State of Pohnpei State of Chuuk State of Yap II.
Senators (2-years) ED 1: Kosrae ED 1: Kolonia, Sokehs, Sapwuahfik, Nukuoro and Kapingamarangi ED 2: Madolenihmw and Kitti ED 3: U, Nett, Mwoakilloa and Pingelap ED 1: Mortlock Islands ED 2: Northern Namwoneas ED 3: Southern Namwoneas ED 4: Faichuk Region ED 4: Northwest Region ED 1: Yap * Delegation Chairman -iv- TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA Fourth Special Session June 25th, 2018 thru July 4, 2018 STANDING COMMITTEES WAYS AND MEANS Isaac V. Figir, Chairman Ferny S. Perman Victor (Vicky) Gouland Robson U. Romolow David W. Panuelo Joseph J. Urusemal Paliknoa K. Welly (W&M Committee has no Vice-Chairman, based on Rule 6, Section 8(c).)
JUDICIARY AND GOVERNMENTAL OPERATIONS Robson U. Romolow, Chairman Isaac V. Figir Tiwiter Aritos Esmond B. Moses Dion G. Neth* Wesley W. Simina Paliknoa K. Welly RESOURCES AND DEVELOPMENT David W. Panuelo, Chairman Tiwiter Aritos* Isaac V. Figir Victor Vicky Gouland Derensio S. Konman Esmond B. Moses Alik L. Alik EDUCATION Joseph J. Urusemal, Chairman Florencio (Singkoro) Harper Derensio S. Konman* Ferny S. Perman Alik L. Alik Wesley W. Simina Esmond B. Moses EXTERNAL AFFAIRS Paliknoa K. Welly, Chairman Isaac V. Figir Victor (Vicky) Gouland Dion G. Neth* Tiwiter Aritos David W. Panuelo Robson Romolow* HEALTH AND SOCIAL AFFAIRS Ferney S. Perman, Chairman Tiwiter Aritos Florencio (Singkoro) Harper David W. Panuelo Derensio S. Konman Joseph J. Urusemal Alik L. Alik* TRANSPORTATION AND COMMUNICATION Victor (Vicky) Gouland, Chairman Florencio (Singkoro) Harper Ferny S. Perman Dion G. Neth Wesley W. Simina Joseph J. Urusemal Alik L. Alik* Note: * Committee Vice Chairman -v- 1.
2.

3.

4.

5.

6.

7.
TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA Fourth Special Session June 25th, 2018 thru July 4, 2018 OFFICE OF SPEAKER PERMANENT STAFF Chief Clerk Assistant Chief Clerk Speaker’s Secretary Vice Speaker’s Secretary Floor Leader’s Secretary Journal Clerk Sergeant-at-arms … Liwiana Ramon Ioanis … Jessicalynn Reyes .... Aldeha Edward .... Consuelo Esiel .... Moria Rufes .... Shallane Suzumu .... Duwarick Micky INFORMATION TECHNOLOGY OFFICE .... Daystone Roby IT Administrator .... Jonah Hainrick Webmaster/IT Specialist .... Shane Mackenzie IT Specialist PUBLIC INFORMATION OFFICE Public Affairs & Protocol Officer.... Lynn Narruhn .... Manuel Yoma Public Information Officer Pages TEMPORARY STAFF …… Joyce Mathias …… Bradley Spirin …… Sharilyn Halbert …… Tiffany M. Hambrosio …… Lance Mongkeya …… Joanna Robert …… Vincent Samo …… Angelista Abraham OFFICE OF LEGISLATIVE COUNSEL LEGISLATIVE COUNSEL PERMANENT STAFF Legislative Counsel Staff Attorney ........... T. Lam Dang ........... Alik Jackson ........... Catherine Allen ........... Jesse Conner Stutt ........... Stephanie Ritland …… Rose Donre …… Nercy Syne-Simina Secretary Librarian Asst.
Librarian …… Vacant Archivist …… Mary Kilmete Proofreader …… Paul Womack OFFICE OF ADMINISTRATION AND BUDGET OFFICE OF ADMINISTRATION OFFICE OF BUDGET Budget Officer Asst.
Budget Officer …Patrick Mackenzie …Alfred Ansin …… Antelina Zarred Budget & Finance Analyst …Vacant …… Elise A. Palsis …… Jeanda Redy Director of Administration …… Suda S. Rayel Administrative Assistant …… Switer Sokin Secretaries Journal Proofreader Administrative Specialist …… Rerad Warren …… Leeroy Mike Administrative Clerk …… Liperson Peles Chief of Maintenance …… Rosenty Nowell Building Maintenance Isao Mark ….

Building Maintenance Peterlee Syne ….
Building Maintenance …… Justina Roby Custodian …… Jacky Mark Custodian …… Bihla Tume Custodian -vi- 20th CONGRESS of the Federated States of Micronesia FOURTH SPECIAL SESSION Summary of Legislation -vii- SUMMARY OF BILLS Twentieth Congress of the Federated States of Micronesia FOURTH SPECIAL SESSION CLASSIFICATION Congressional Bills Introduced Congressional Bills Enacted Congressional Bills Disapproved 21 8 0 CONGRESSIONAL BILLS ENACTED DURING THE FOURTH SPECIAL SESSION CB.

No.

C.B.

No.
No.

C.B.

No.

20-184, CD1 C.B.

No.

20-187, CD2 C.B.

No.

20-193, CD1 C.B.

No.

20-199.

CD1 C.B.

No.

20-212 C.B.

No.

20-213, CD2 C. B.

No.

20-216 C.B.

No.


20-217 Short Title 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 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.
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.

To amend sections 1 and 9 of Public Law No.

20-42, as amended by Public Laws Nos.


20-54, 20-64 and 20-67 and 20-83, in order to appropriate $10,000,000 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.

To further amend Public Law No.

20-60, as amended by Public Laws Nos.


20-65, 20-75 and 20-85 by amending section 6 thereof, to change the allottee of funds previously appropriated therein, to fund public projects and social programs in the state of Yap, and for other purposes.
To appropriate the sum of $2,800,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, for the purpose of funding public projects and social programs for the people of Yap, Kosrae, Pohnpei and Chuuk states, and for other purposes.

To amend Public Law No.


20-93, by amending section 1 thereof, to change the use of funds previously appropriated, to fund priority infrastructure projects and public projects and social programs in the state of Kosrae, and for other purposes.

To further amend Public Law No.

20-53, as amended by Public Laws Nos.


20-57, 20-61, 20-69 and 20-91, by amending section 2 thereof, to change the use of funds previously appropriated therein, for the purpose of funding priority infrastructure projects and other projects and social programs in the states of Kosrae, and for other purposes.

Transmittal Date President's Action 6/25/18 6/25/18 6/28/18 7/2/18 7/3/18 7/6/18 7/6/18 7/6/18 Public Law No.

20-93 OVERRIDDEN CA.No.

20-83 6/28/18 Public Law No.

20-91 OVERRIDDEN C.A.

No.


20-86 6/28/18 Public Law No.

20-92 OVERRIDDEN C.A.No.

20-90 6/28/18 Public Law No.

20-94 7/4/18 Public Law No.

20-97 7/4/18 Public Law No.

20-95 7/16/18 Public Law No.

20-98 7/16/18 Public Law No.

20-96 7/16/18 C.B.Nos.

20-184, 20-187 and 20-193 were being introduced and vetoed with certain line items during the 4th Regular Session and being overridden and became public law during this 4th Special Session.
-viii- SUMMARY OF RESOLUTIONS Twentieth Congress of the Federated States of Micronesia FOURTH SPECIAL SESSION-2018 CLASSIFICATION Congressional Resolutions Introduced Congressional Resolutions Adopted 12 9 CONGRESSIONAL RESOLUTIONS ADOPTED DURING THE FOURTH SPECIAL SESSION C.R.

No.

Short Title C.R.

No.

20-107 C.R.

No.

20-108 C.R.

No.

20-109 C.R.

No.

20-110 C.R.

No.

20-111 C.R.

No.

20-113 C.R.

No.

20-114 C.R.

No.

20-115 C.R.

No.


20-116 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.

Expressing the sincere gratitude and appreciation to Mr. Jesse Stutt for his dedicated service as staff attorney to the Congress Federated States of Micronesia.
To confirm the nomination of Mr. Jesse Giltamag to serve as a member of the MiCare Board of Directors, representing the National Government.

Approving and accepting a grant in the amount of $250,000 from the U.S. Department of Health and Human Services, Administration for Children and Families, to fund and support the Personal Responsibility Education Program in the FSM for the fiscal year 2018, including all the terms and conditions of the assistance.
Approving and accepting a grant from the United Nations Children’s Fund (UNICEF) in the amount of $673,037, to fund the implementation of the Federated States of Micronesia- UNICEF Programme of Cooperation 2018-2022 and 2018-2019 Work Plan, including all the terms and conditions of the assistance.
Approving and accepting a grant in the amount of $291,556 from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, to fund and support for the implementation of the FSM’s CCC plan to reduce cancer burden in the FSM for the budget period from Jun 30, 2018, to June 29, 2019, including all the terms and conditions of the assistance.
Approving and accepting a grant in the amount of $1,156,180 from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, to support and fund the FSM Immunization and Vaccines for Children Program, including all the terms and conditions of the assistance.

Authorizing the President resubmit the nomination of Mr. Jolden J. Johnnyboy to serve as a member of the Office of the Telecommunication Regulation Authority of the Federated States of Micronesia.
Expressing the sincere condolences and sadness to the family of the late Dr. Alexander Panuelo at his passing on June 28, 2018.
Adoption date 6/28/18 Transmittal Date 6/28/18 6/29/18 6/29/18 7/3/18 7/5/18 7/4/18 7/6/18 7/4/18 7/6/18 7/4/16 7/6/18 7/4/18 7/6/18 7/4/18 7/6/18 7/4/18 7/6/18 -ix- 20th CONGRESS of the Federated States of Micronesia FOURTH SPECIAL SESSION Daily Journal Index -x- Twentieth Congress of the Federated States of Micronesia FOURTH SPECIAL SESSION June 25th, 2018 thru July 4, 2018 DAILY JOURNAL INDEX Day Page No.

1.

Monday, June 25, 2018 1-12 …..……………………………………………….. 2.
Tuesday, June 26, 2018 …………………………………………………….

13-33 3.

Wednesday, June 27, 2018 …………………………………………………….

34-48 4.

Thursday, June 28, 2018 …………………………………………………….

49-56 5.

Friday, June 29, 2018 …………………………………………………….

57-78 6.

Saturday, June 30, 2018 7.

Sunday, July 1, 2018 8.

Monday, July 2, 2018 …………………………………………………….. 79-96 9.

Tuesday, July 3, 2018 …………………………………………………….

97-121 10.
97-121 10.

Wednesday, July 4, 2018 …………………………………………………… 122-146 NO SESSION NO SESSION -xi- 20th CONGRESS of the Federated States of Micronesia FOURTH SPECIAL SESSION Daily Journal 1 CONGRESSIONAL JOURNAL TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH SPECIAL SESSION OPENING DAY Monday, June 25, 2018 The Opening Day of the Fourth Special Session of the Twentieth Congress of the Federated States of Micronesia was called to order at 10:28 a.m., Monday, June 25, 2018.
Speaker Wesley W. Simina presided.

Speaker Simina: Pursuant to article IX, section 16, of the Constitution of the Federated States of Micronesia and title 3, section 201, of the Code of the Federated States of Micronesia, and as set forth in the Official Rules of Procedure of the Congress of the Federated States of Micronesia, I hereby call the Twentieth Congress of the Federated States of Micronesia, Fourth Special Session, to order.

A moment of silent prayer was observed.


The Chief Clerk called the roll.

Nine Members were present; Senator Neth, Chairman Figir, Chairman Romolow, Chairman Urusemal, and Chairman Welly were absent.

Speaker Simina: We have a quorum this morning.

Just a word of caution to Members, we have new microphones in front of you.

They can read your minds so be careful what you think.
APPOINTMENT OF COMMITTEE TO WAIT ON THE PRESIDENT Speaker Simina: It is my privilege to appoint Chairman Perman from Pohnpei to chair the Committee.

Members will be Senator Aritos of Chuuk and Senator Alik of Kosrae.

Next item.

PRESIDENTIAL COMMUNICATIONS -No.


20-240 - (dated 05/25/18 and received 05/28/18) – Transmitted a bill to establish the Competent Authority for the Federated States of Micronesia, which seeks to appropriate legal framework, mechanisms and standard operating procedures to verify the safety and merchantability of fish and fishery products for export to the EU and other similar markets.

-No.

20-241 - (dated 05/30/18 and received 05/31/18) – Designated Congressional Act No.
20-87 as Public Law No.

20-84: “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.” -No.
20-242 - (dated and received 05/31/18) – Designated Congressional Act No.

20-88 as Public Law No.

20-85: “To further amend Public Law No.

20-60, as amended by -2- June 25, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 4SS – 20CFSM Public Laws Nos.

20-65 and 20-75 by amending sections 3 and 5 thereof, to change the use of funds previously appropriated therein, to fund public projects and social programs in the states of Kosrae and Chuuk, and for other purposes.” -No.
20-243 - (dated 06/04/18 and received 06/05/18) – Transmitted a bill to appropriate $200,000 to be used to provide essential security arrangements and services for the delegations, VIPs and foreign dignitaries who will be attending the Micro Games in Yap.

-No.

20-244 - (dated and received 06/13/18) – Transmitted a bill to designate an additional polling place in the Commonwealth of the Northern Mariana Islands (CNMI).

-No.

20-245 - -No.
-No.

20-245 - -No.

20-246 - (dated 06/14/18 and received 06/15/18) – Designated Congressional Act No.

20-89 as Public Law No.

20-86: “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 the state of Pohnpei, to correct technical errors, and for other purposes.” (dated and received 06/22/18) – Designated Congressional Act No.

20-90 as Public Law No.


20-88, with certain line-item vetoes: “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.” -No.

20-247 - (dated and received 06/22/18) – Designated Congressional Act No.
20-90, as Public Law No.

20-88, with certain line-item vetoes: “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 for the people in the states of Yap, Kosrae, Pohnpei and Chuuk, and for other purposes.” -No.

20-248 - (dated and received 06/22/18) – Designated Congressional Act No.

20-84, as Public Law No.

20-89: “To further amend Public Law No.


20-68, as amended by Public Law No.

20-78, by amending sections 3?

(should be 4) 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.” -No.

20-249 - (dated and received 06/22/18) – Designated Congressional Act No.

20-86 as Public Law No.

20-90: “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, 3,4 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 states of Kosrae, Pohnpei and Chuuk, and for other purposes.” -3- June 25, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 4SS – 20CFSM -No.
20-250 - (dated and received 06/22/18) – Transmitted a bill to appropriate $1.3 million to cover the cost of the dry-docking of M/V Chief Mailo.

Speaker Simina: Chief Clerk, assign those Communications.

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

Speaker Simina: State your point, Floor Leader Harper.

Floor Leader Harper: Thank you, Mr. Speaker.


I rise on a point of privilege to take this opportunity to introduce certain governmental officials and dignitaries who are observing our session this morning.

If I may, Mr. Speaker, I would like to start off with the head of our own government, His Excellency President Peter M. Christian (applause).

Along with him, we are happy that we also have the Vice President, the Honorable Yosiwo P. George (applause).
It is my assumption that few of the President’s Cabinet members are also here with us observing our session this morning.

As my vision is getting poorer, I will not be able to say their names.

I would like to ask that we collectively recognize them by giving them a big round of applause (applause).

On the list with me, we are also fortunate and happy that we have some of our ambassadors to our nation.
I will start off with the Ambassador from U.S. to the FSM, the Honorable Ambassador Robert Riley (applause).

From the Japan Embassy, we have His Excellency Ryoichi Horie (applause).

From the Australian Embassy, we have His Excellency George Frasier (applause).

We are also happy and fortunate to also have here with us this morning, a delegation from the Independent State of Papua New Guinea.

If I am not mistaken, the head of the delegation is His Excellency Alexis Maino.
Let’s give him a round of applause (applause).

I believe he is the Roving Ambassador to the FSM from the Department of Foreign Affairs.

Along with him is his spouse, Madam Kaia Maino (applause).

Another member of his delegation, we have Ms. Barbara Mimino, Director for Visits and Accreditation Protocol Division from the Department of Foreign Affairs (applause).

Last but not the least, we have his own son (Alexis Maino’s) Simon Maino, Foreign Service Officer (applause).
Furthermore, Mr. Speaker, I would like to also introduce my own beloved Governor of Chuuk, the Honorable Johnson Elimo (applause).

Mr. Speaker, I have another list that has just submitted a few minutes ago, please forgive me if I mispronounce any name.

I have here with me the former speaker of the Ta Municipal Council Rainer Soris (applause), and Sataisy Eiza (applause).

We also have Satrick Chol from the Municipality of Lukunoch (applause) and our own Assistant Budget Officer, Alfred Ansin (applause).
Mr. Speaker, that is the list that I have with me.

I now yield the floor to other members to supplement my introduction if I miss out certain individual observing our session this morning.

Thank you.

Speaker Simina: Thank you, Floor Leader Harper.

I join you in welcoming our own President, His Excellency Peter M. Christian, Vice President George, and members of your Cabinet, also to my “áchengicheng” (lovely) Governor of Chuuk.
I am also privileged and honored to recognize the presence of some of the members of the Diplomatic Corps, and a special welcome to the Roving Ambassador from PNG.

Any other point of privilege from Members?

Chairman Panuelo: Mr. Speaker.

Speaker Simina: Chairman Panuelo.

Chairman Panuelo: Thank you, Mr. Speaker.

Good morning to you, Members, and to those who are observing our session this morning.
Mr. Speaker, I join you and the Floor Leader, on behalf of the Pohnpei Delegation, in recognizing our President, Vice President, the Cabinet members, Governor Elimo and the Diplomatic Corps.

Mr. Speaker, I join you and Floor Leader in also recognizing a good friend of mine, Ambassador Alex Maino.

He is a good friend of mine.

Welcome to you and your delegation.

Mr. -4- June 25, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 4SS – 20CFSM Speaker, a few people I would like to recognize.
Let’s give recognition to Wasahi Kitti, a traditional leader amongst us.

Also, he is the PTA Commissioner, Mr. Sadorihno Martin (applause).

With him is his staff, Swingly Poll.

Let’s also give him a round of recognition (applause).

Mr. Speaker, we have our JCRP Chairman who is also here with us, Asterio Takesy, also the Chairman for Governmental Operations, Bank of Guam.

Let’s also recognize him (applause).

The Executive Director of NORMA, Mr. Eugene Pangelinan is also with us.
Let’s give him a round of recognition (applause).

We have a few more people that I would like to recognize: Joe Habuchmai, a member of both our Banking Commission and Insurance Commission Board.

Let’s welcome him (applause).

Mr. Nakama Sana, Insurance Board.

Let’s also welcome him and give him a round of applause (applause).

Those are the individuals that I would like to welcome, on our behalf.
I would like to give a round of recognition to all the citizens who are observing our session this morning (applause).

Thank you.

Speaker Simina: Thank you, Chairman Panuelo.

Are there any other points of privilege from Members?

If none, let’s move on to the next item.

FSM SUPREME COURT COMMUNICATIONS -No.

20-13 - (dated 06/13/18 and received 06/14/18) – 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.

P2-2017.

-No.

20-14 - (dated 06/13/18 and received 06/14/18) – 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.

P2-2017.
P2-2017.

Speaker Simina: Chief Clerk, assign those Communications.

Next item.

MEMBER COMMUNICATIONS None DEPARTMENTAL COMMUNICATIONS -No.

20-46 - (dated and received 4/23/18) – From the Hon.

Lorin S. Robert, Secretary, FSM Department of Foreign Affairs, extended an invitation to a reception on June 05, 2018 at Cliff Rainbow Hotel at 5:30 p.m. in honor of the Hon.

Julie Bishop, Foreign Minister of Australia, and her delegation.

-No.

20-47 - (dated 06/07/18 and received 06/10/18) – From the Hon.
Lorin S. Robert, Secretary, FSM Department of Foreign Affairs, shared a Diplomatic Note No.

18- 0123 from the U.S. Embassy advising of a visit by Assistant Secretary Douglas W. Domenech of the U.S. Department of Interior and his delegation and requested for a courtesy call on June 21, 2018 at 11:00 a.m. -No.

20-48 - (dated 06/06/18 and received 06/12/18) – From H.E.

Ambassador John Fritz of the FSM Embassy in Japan, transmitting an invitation from the Hon.
Bambang Soesatyo, Speaker of the House of Representatives of the Republic of Indonesia, to Speaker Simina to the ‘Indonesia-Pacific Partnership on Human Development and -5- June 25, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 4SS – 20CFSM Maritime Sustainability to be held on 23-24 July 2018 in Jakarta, Indonesia.

-No.

20-49 - (dated 06/18/18 and received 06/20/18) – From the Hon.
Lorin S. Robert, Secretary, FSM Department of Foreign Affairs, presenting compliments and informing of a visit by the UN Assistant Secretary, Mr. Haoliang Xu, to the FSM and requesting for a courtesy call on June 02, 2018 at 3:30 p.m. -No.

20-50 - (dated 06/19/18 and received 06/20/18) – From Mrs. Sihna N. Lawrence, submitted the Updated Fiscal Year 2018 Revenue Projection and balance of funds, which includes $2 million from fishing fees and reimbursement of $11 million from the World Bank.
Speaker Simina: Assign those Communications, Chief Clerk.

Next item.

AGENCY OR GOVERNMENTAL AUTHORITY COMMUNICATIONS -No.

20-43 - (dated 05/22/18 and received 05/28/18) – From Mr. Alexander R. Narruhn, Chairman, Insurance Board of the Government of the Federated States of Micronesia, submitted the 2017 Annual Report covering performance of the insurance system and activities of the Board.

-No.
-No.

20-44 - (dated 05/28/18 and received 05/29/18) – From Mr. Eugene Pangelinan, Executive Director, NORMA, bringing to the attention of Congress upcoming conferences and meetings relating to fisheries (see communication for a detailed listing of meetings.)

-No.
-No.

20-45 - (dated 05/28/18 and received 05/30/18) – From Ms. Arlynne Chugen, Administrator, FSM MiCare, sending an annual report on the status of the Plan covering periods of October 01, 2016 to September 30, 2017, and including the amount of premiums collected and interest earned during the year, the amount of money disbursed for claims, and costs of administration.

-No.
-No.

20-46 - (dated 05/30/18 and received 05/31/18) – From Mr. Eugene Pangelinan, Executive Director, NORMA, announcing FSM’s withdrawal from hosting the 15th Annual Session of the WCPFC in December of this year due to certain factors.

Speaker Simina: Also assign those Communications, Chief Clerk.

Next item.

STATE COMMUNICATIONS -No.

20-20 - (dated 05/30/18 and received 06/06/18) – From the Hon.

Tony Gannigyan, Governor, Yap State, inviting Speaker to the 2018 Micro Games in Yap.
Speaker Simina: Also assign that Communication, Chief Clerk.

Next item.

STATE SUPREME COURT COMMUNICATIONS None -6- June 25, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 4SS – 20CFSM MUNICIPAL OR TOWN COMMUNICATIONS -No.

20-04 - (dated 05/28/18 and received 05/29/18) – From Mr. Jose San Nicolas, Mayor, Kolonia Town, invited Speaker and members of Congress to the grand opening of the Kolonia Town Central Tennis Court, which was scheduled on Wednesday, May 30, 2018, at 4:00 p.m. -No.
20-05 - (dated 05/30/18 and received 05/31/18) – From Mr. Jose San Nicolas, Mayor, Kolonia Town, invited Speaker to attend the Closing Ceremony of the Police, Fire and Disaster Training, scheduled on June 01, 2018, at 5:00 p.m.in the Kolonia- China Friendship Gymnasium.

Speaker Simina: Assign those Communications, Chief Clerk.

Next item.

FOREIGN GOVERNMENT COMMUNICATIONS -No.

20-43 - (dated 05/10/18 and received 05/30/18) – From the Rt.

Hon.
Hon.

Trevor Mallard, Speaker of the New Zealand of House of Representatives, to the 49th Presiding Officers and Clerk’s Conference (POCC) in 08-13 July 2018 in Wellington, NZ.

-No.

20-44 - (dated May 25, 2018 and received 05/30/18) – From the Hon.

Bambang Soesatyo, Speaker of the House of Representatives of Republic of Indonesia, to Speaker Simina to the ‘Indonesia-Pacific Partnership on Human Development and Maritime Sustainability to be held on 23-24 July 2018 in Jakarta, Indonesia.

-No.
-No.

20-45 - (dated 06/11/18 and received 06/12/18) – From the Hon.

Cyril Buraman, MP, Speaker of Parliament of Nauru, inviting Congress to attend the 82nd Council Meeting and the 48th General Assembly of APPU in Nauru, 23-to 26th September 2018.

Speaker Simina: Assign those Communications, Chief Clerk.

Order of the Day.

ORDER OF THE DAY STANDING COMMITTEE REPORTS None SPECIAL COMMITTEE REPORTS None ASSIGNMENT OF MEASURES AND COMMUNICATIONS The Chief Clerk called attention to Referral Sheet No.

20-65.
20-65.

-7- June 25, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 4SS – 20CFSM TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH SPECIAL SESSION June 25, 2018 to July 04, 2018 COMMITTEE REFERRAL REFERRAL SHEET NO.

20-65, DAY 01, MONDAY, 06/25/18, AT 10:00 A.M. C.B.

NO.

20-197 20-198 C.R.

NO.

20-105 20-106 PRESIDENTIAL COMM.

NO.

20-239 MEMBER COMM.

NO.

20-31 SUBJECT 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.
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.

SUBJECT Expressing the sincere condolences and sadness to the family of the late Daniel Kahikina Akaka, at his passing on April 6, 2018.
Calling on the President of the Federated States of Micronesia to support the membership of Vietnam on the United Nations Security Council as a non-permanent member for the 2020-2021 tenure.

SUBJECT (dated 05/24/18 and 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 months of the fiscal year.

COMMITTEE W&M W&M COMMITTEE NONE EX.AFF.


COMMITTEE W&M SUBJECT COMMITTEE (dated and received 05/24/18) – From Chairman Isaac V. Figir of the Committee on Ways & Means on the post-2023 INFO.

-8- June 25, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 4SS – 20CFSM Trust Fund Outlook presentation on May 21, 2018, by Ms. Maggie Ralbovsky (Wilshire Associates) to the FSM Congress and the Executive Branch.

Speaker Simina: Chairmen and members of the Committees, review the Referral Sheet for your planning purposes.
Next item.

UNFINISHED BUSINESS None BILL CALENDAR None RESOLUTION CALENDAR None INTRODUCTION OF BILLS C.B.

No.

20-199: Introduced by: Vice Speaker Moses and Senator Perman Assigned to: W&M Date introduced: June 25, 2018 To amend sections 1 and 9 of Public Law No.

20-42, as amended by Public Laws Nos.


20-54, 20-64 and 20-67 and 20-83, in order to appropriate $10,000,000 of additional funds from the General Fund of the Federated States for the fiscal year ending September 30, 2018, and for other purposes.

INTRODUCTION OF RESOLUTIONS C.R.

No.

20-106: Introduced by: Speaker Simina Assigned to: EX.AFF.
Date introduced: June 25, 2018 Calling on the President of the Federated States of Micronesia to support the membership of Vietnam on the United Nations Security Council as a non- permanent member of the 2020-2021 tenure.

MISCELLANEOUS COMMUNICATIONS -No.


20-18 - (dated and received 06/14/18) – From Ms. Elise A. Palsis and Mr. Rosen Nowell, the first recipients of the Strengthening Legislatures in the Pacific’ Project, coordinated by the UNDP, on their training on Inventory and Facility Management at the Hawaii State Legislature, 04-09 June 2018.

-No.
-No.

20-19 - (dated 05/30/18 and received 06/04/18) – From Mrs. Stephanie Ritland, staff attorney, provided a brief summary of the meeting held with representatives of the World Bank on May 24 at 2:40 p.m. in the Members Lounge.

-9- June 25, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 4SS – 20CFSM Speaker Simina: Assign those Communications, Chief Clerk.

Next item.

MISCELLANEOUS BUSINESS Speaker Simina: Do you have any miscellaneous business?

Floor Leader Harper: Mr. Speaker.


Speaker Simina: Floor Leader Harper.

Floor Leader Harper: Thank you, Mr. Speaker.

I have one or two miscellaneous businesses to make this morning.

Before I do it, I would like to extend my apology if they may be considered important to our people.

On behalf of the people of Chuuk, I would like to express a concern that they have relating to the Internet service system in Chuuk.
Prior to the introduction of fiber optic cable, the people of Chuuk have expressed that they have enjoyed the Internet system very well.

But as the fiber optic introduced, they are now facing a lot of problem with our Internet service system.

I would like to ask the appropriate people in our government to meet with Telecom to express this concern and see what they can do to improve this Internet service that we are experiencing in Chuuk.
I don’t know whether this is the truth but it is what I have learned from our citizens in Chuuk.

I would like to have this resolved as soon as possible.

Personally, I have experienced this.

Even putting load into my cellphone, it takes about ten minutes to have it done.

I don’t know what exactly is going on with the system.

I ask that the appropriate people meet with Telecom and try to find out the exact problem with the fiber optic cable that we have at this time.
Furthermore, Mr. Speaker, I would like to express my great disappointment and dissatisfaction with two of our important department or offices, the Department of Justice and the Department of Finance and Administration.

Mr. Speaker, it has been my experience that it takes even weeks for a document to move from a receiving secretary desk to appropriate official that needs to review and approve the documents.
Not to mention the fact that it takes months and years for other documents to go from the AG Office to Finance and back from Finance to AG for whatever things that needs to be corrected on the documents.

I know these problems have been expressed during the previous Administration, but I think this problem is louder this time and it is getting worse.
During the previous Administration, of course, they were also delayed but it doesn’t take that long for the documents to be corrected and approved by appropriate officials of the government.

I would like to ask whoever that can advise or instruct these departments to really care about all documents that are going to their offices for speed review and approval.
The worse thing I would like to say that is the most irritating and a very uncomfortable thing personally, as I experienced, is the fact when they say that the document is totally lost.

To lose this kind of documents in the offices, I really don’t think it is a good thing.

This is just like the office of kindergarten where they usually loose any kinds of paper.

These two important offices should really concern about people’s documents.
They need to expedite their work on these kinds of documents that people really need immediately.

Especially when it comes down to employment contract, rental, and, of course, the PCDs.

People really need the projects but they have been sitting for so long and people are just complaining that they need their projects but they cannot move the projects because of the delay of work of these two offices.

Thank you, Mr. Speaker.

Speaker Simina: Thank you, Floor Leader Harper for your concerns.
Of course, we have processes in our own Congress on how to address those.

So I would like to ask the Chairman of T&C and the Chairman of Ways and Means and J&GO to look into these, maybe call an oversight with them and try to look into the concerns.

I say that because, as a member of Congress, I have also experienced those problems.

Those Committees should call for an oversight hearing with them.

Are there any other miscellaneous businesses?

Chairman Perman: Short recess.


-10- June 25, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 4SS – 20CFSM Speaker Simina declared the Congress recessed at 10:49 a.m., subject to the call of the Chair.

The Congress reconvened at 10:49 a.m.

RECESS Speaker Simina: Congress comes back to session.

Any other miscellaneous business?

If none, next item.

Speaker Simina: Chairman Welly.

Chairman Figir.

Chairman Alik.

ANNOUNCEMENTS Chairman Alik: Thank you, Mr. Speaker.

Good morning to you.


I join the earlier indication to our friends with us this morning, thanking them for joining us this opening session.

Mr. Speaker, your Committee on Environment, Climate Change and Emergency Management will meet on budget hearing and oversight hearing later part of this week and we will inform them of the dates and time.

Please check the digital screen for time and date.

Thank you.

Speaker Simina: Thank you, Chairman Alik.

Take note, members of the Committee.

Chairman Perman.
Chairman Perman.

Chairman Perman: Short recess.

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

The Congress reconvened at 10:51 a.m.

RECESS Speaker Simina: Congress comes back to session.

Chairman Perman.

Chairman Perman: Thank you, Mr. Speaker.

As of your Committee on Health and Social Affairs, I don’t have any announcement.

As of your Chairman to Wait on the President, we will meet with the President right after our meeting this morning.
Thank you, Mr. Speaker.

Speaker Simina: Thank you, Chairman Perman.

Take note, members of the Committee to Wait on the President.

Chairman Panuelo.

Chairman Panuelo: Thank you, Mr. Speaker.

Your Committee on R&D will be announcing its budget hearing with remaining department.

It will be available on the digital screen.

Thank you, Mr. Speaker.

Speaker Simina: Thank you, Chairman Panuelo.

Chairman Gouland.

Chairman Gouland: Thank you, Mr. Speaker.


Your Committee on T&C will have a hearing tomorrow at 8:00 a.m.

Thank you.

Speaker Simina: Thank you, Chairman Gouland.

Take note, members of the Committee on T&C.

Vice Speaker Moses.

Senator Aritos.

Senator Konman.

-11- June 25, 2018 CONGRESSIONAL JOURNAL – OPENING DAY – 4SS – 20CFSM Senator Konman: Thank you, Mr. Speaker.

No announcements.
No announcements.

Speaker Simina: Before I give the floor to Floor Leader Harper, I just want to thank all of you, Members, who are here for our Special Session.

As you know, we tried to have one.

We sent out a poll and some Members did not agree to it so we did not get the quorum necessary to call a special session.

After some time, and after meeting some of the reasons expressed by the Members, we were able to do another poll and now we are in session.
I just want to let Members know that one of the main reasons for calling this Special Session is for us to continue working on the budget for the government for FY’19.

I want us to use this Special Session to finish up as much as possible so when we get back in September, we can easily finish the budget.

If there are other businesses, the Members would like to do, this Special Session is opened for any kinds of activities that you would like to do.
I just want to point that out so we should take note of the very reason we call this Special Session.

If there is no further business, Floor Leader, announcements and then your usual motion.

Floor Leader Harper: Thank you, Mr. Speaker.

There is no announcement from the Chair of the Floor Leader.

I now move that we stand in recess until 10:00 a.m. Chairman Gouland: Second.
Speaker Simina: It has been moved and seconded that Congress stand in recess until tomorrow at 10:00 a.m. All those in favor of the motion say ‘aye’ – opposed say ‘nay’.

The motion is carried.
Congress now stands in recess until tomorrow at 10:00 a.m. Speaker Simina declared that the Congress stand in recess at 10:54 a.m., Monday, June 25, 2018, until tomorrow, Tuesday, June 26, 2018, at 10:00 a.m. Respectfully submitted, Liwiana Ramon Ioanis Chief Clerk -12- CONGRESSIONAL JOURNAL TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH SPECIAL SESSION DAY TWO The Second Day of the Fourth Special Session of the Twentieth Congress of the Federated States of Micronesia was called to order at 10:49 a.m., Tuesday, June 26, 2018.
Tuesday, June 26, 2018 Speaker Wesley W. Simina presided.

A moment of silent prayer was observed.

Jessicalynn Reyes was designated to be the Acting Chief Clerk.

The Acting Chief Clerk called the roll.

Nine Members were present; Senator Neth, Chairman Figir, Chairman Romolow, Chairman Urusemal, and Chairman Welly were absent.

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

PRESIDENTIAL COMMUNICATIONS -No.


20-251 - (dated and received 06/25/18) – Transmitting a bill that appropriates $500,000 of public funds to support the court litigation and related proceedings between the FSM Government and PII.

-No.

20-252 - (dated and received 06/25/18) – Transmitting the supplemental budget in the amount of $742,696 to supplement critical and urgent operational needs of the Executive Branch.

-No.
-No.

20-253 - (dated and received 06/25/18) – Submitting the supplemental budget for the remainder of the fiscal year under Subsidy (section 8) and Capital Improvement Projects (section 9) of the FY18 annual budget.

Speaker Simina: Acting Chief Clerk, assign those Communications.
FSM SUPREME COURT COMMUNICATIONS None MEMBER COMMUNICATIONS None -13- June 26, 2018 CONGRESSIONAL JOURNAL –DAY TWO – 4SS – 20CFSM DEPARTMENTAL COMMUNICATIONS None AGENCY OR GOVERNMENTAL AUTHORITY COMMUNICATIONS None STATE COMMUNICATIONS -No.

20-21 - (dated 06/06/18 and received 06/25/18) – From the Hon.

Johnson S. Elimo, Governor, Chuuk State, informing of a meeting on June 15, 2018 to discuss vital issues on economic prospects and financial status.

-No.
-No.

20-22 - (dated 06/11/18 and received 06/25/18) – From Songkinita S. Bossy, Chief Clerk, Senate, 14th Chuuk State Legislature, transmitted certified copies of Senate Joint Resolution Nos.

14-18-SJR-08 and 14-18-SJR-09, which were adopted on 05/01/18 and 05/29/18 respectively.

(Refer to the communication for details of the Resolutions.)

Speaker Simina: Assign those Communications, Acting Chief Clerk.
STATE SUPREME COURT COMMUNICATIONS None MUNICIPAL OR TOWN COMMUNICATIONS None FOREIGN GOVERNMENT COMMUNICATIONS None ORDER OF THE DAY STANDING COMMITTEE REPORTS None Speaker Simina: Short recess.

Speaker Simina declared the Congress recessed at 10:53 a.m., subject to the call of the Chair.

The Congress reconvened at 10:53 a.m.

RECESS Speaker Simina: Congress comes back to session.

Next item.

-14- June 26, 2018 CONGRESSIONAL JOURNAL –DAY TWO – 4SS – 20CFSM SPECIAL COMMITTEE REPORTS Sp.

C.R.

No.
C.R.

No.

20-10: By the Hon.

Ferny S. Perman, Chairman, Committee to Wait on the President.

Speaker Simina: Chairman Perman.

Chairman Perman: Thank you, Mr. Speaker.

Good morning to you, Vice Speaker, Floor Leader, and all who are observing our session this morning.

Mr. Speaker, I so move for the adoption of the report, Special Committee Report No.

20-10.

Chairman Panuelo: Second.

Speaker Simina: It has been moved and seconded that Congress adopt Special Committee Report No.

20-10.

Discussion?
20-10.

Discussion?

Chairman Perman: Mr. Speaker.

Speaker Simina: Chairman Perman.

Chairman Perman: Thank you, Mr. Speaker.

On behalf of your Special Committee to Wait on the President, three members, and thank to Vice Speaker Moses who came and made it four members, to wait on the President.

On the agenda, we have seven items that His Excellency, Vice President, and other Cabinet members came and discussed with us.

Number one item is the foreign investment legislation.
He is asking if Congress could act on it, either to pass it or defeat it, but to take action on it.

The other one is the board nominations.

This is regarding regulation authority board and the other one is MiCare.

He also mentioned that he might be sending up, soon, the other nominations regarding other departments.

The third one is the supplemental budget requests and amendments.

If you noticed, there are two that came up to us.

There is a $700,000 and $5 million budget.


There is a minor technical amendment asking if Members can act on it from GEF to GCF.

If we can go ahead and act on it instead of the President’s Office sending up the amendments.

The fourth one is the vocational education initiative (PATS).

As we all know, that is the former PATS High School.
The President, ever since he became the President, he has been trying to bring the school back and so he is asking if Congress could act on it and take up this vocation education initiative and he will go out on his own and talk to other countries to please support the idea of having a vocational school.

If I am not mistaken, he is asking for $300,000 just to start cleaning and doing some renovations in the meantime.
The entire project will cost about $2.7 million for the first initial set up and one-year operation.

I stand to be corrected, but I think if the school starts in full operation, it will cost $844,000 a year to operate that school.

Number five is the Micro Games.

All other states are still asking for support.

We have already put up $400,000 on our last regular session.

I think there are still pending requests.

It is up to us to make that decision.

The Department of Justice also have a nomination.


I think that is still pending.

Last, but not the least, is the H1 and Chief Mailo.

As we all know, that H1 is almost done in the Philippines, and it is coming in on the end of this month.

The President thanked the Congress for putting up the money to repair H1.

If you notice on the report, he will be sending up another request for $1.3 million for Chief Mailo.
What he told us was that there is a group that will come down and patch up Chief Mailo they are able to sail to the Philippines to do dry-dock.

He is also asking the support of the Congress to make sure that Chief Mailo is also repaired.

If we do the repair for $1.3 million, that ship can last up for another ten years.

Instead of buying a new ship, they will basically change the engine and the need of repairs.

I will yield the floor to other members to comment on other issues that we discussed.
Thank you, Mr. Speaker.

-15- June 26, 2018 CONGRESSIONAL JOURNAL –DAY TWO – 4SS – 20CFSM Speaker Simina: Thank you, Chairman Perman for elaborating on your report.

Chairman Alik?

Chairman Alik: Thank you, Mr. Speaker.

Good morning to you, Members, and everyone who are observing our session this morning.

Mr. Speaker, just on that item on the high school of PATS.

He did mention that there would be a later submission in addition to what they have submitted to us.
For that $2.7 million, that is for a two-year financial need of the high school.

As mentioned by Chairman Perman, the $300,000 is to clean up the place.

I believe what he also mentioned is the annual operation of budget will be about $800,000 a year.

That will be part of the $2.7 million.

Thank you, Mr. Speaker.

Speaker Simina: Thank you, Chairman Alik.

Are there any other discussions?

Vice Speaker Moses: Mr. Speaker.

Speaker Simina: Vice Speaker Moses.

Vice Speaker Moses: Thank you, Mr. Speaker.


Good morning to you, Members, and those observing from the gallery.

I just wanted some clarification as to the FSM National Government running a secondary school.

I thought there was a constitutional issue concerning that or, maybe, some laws.

Is there anything that prohibits the government from that?

I just wanted some clarification on that issue.

Speaker Simina: Thank you, Vice Speaker Moses.

Short recess.
Short recess.

Speaker Simina declared the Congress recessed at 11:01 a.m., subject to the call of the Chair.

The Congress reconvened at 11:09 a.m.

RECESS Speaker Simina: Congress comes back to session.

Chairman Panuelo, you have the floor.

Chairman Panuelo: Mr. Speaker, thank you for allowing me to comment on the Special Committee Report No.

20-10.

First, I would like to thank the Chairman, Chairman Perman and members, for bringing the information to our session this morning.
Mr. Speaker, because the foreign investment falls under your R&D Committee, I just want to revisit that and to say that your Chairman is, kind of, in a limbo at the moment, because, if you realize, when we took the legislation to the state, they did say that they want to hold up so they can get further comment from the states, but we are not getting the kind of substantial input that we require.

We need the states’ input in order to move ahead otherwise, it will be a purely national bill.
Right now, the foreign investment processes at the states have different levels and different approaches for approving a foreign investment.

I need your guidance and the members of the R&D Committee before we move on to take further action on it.
On the issue that we just discussed during recess, I, again, want to put on record that I agree that vocational school is a very important one and as you suggested, let’s have the appropriate committees review and go further at it so we can move on in taking the first step in starting a vocational school for the nation.
On Micro Games, as much as we are able to put up to assist our states, as Chairman of Pohnpei Delegation, I am sure other members of our delegation has received, Pohnpei State is asking for extra funding.

Maybe it will be left to Pohnpei Delegation to see what further support we can give to the states.

Pohnpei State is able to put up, at least, close to $300,000 for the games.

Pohnpei Delegation will meet to see if we have the capacity to give further help.
Those are the comments I would like to give and thank the Committee to Wait for reporting the issues before us to act on.

Thank you, Mr. Speaker.

-16- June 26, 2018 CONGRESSIONAL JOURNAL –DAY TWO – 4SS – 20CFSM Speaker Simina: Thank you, Chairman Panuelo.

I believe one of the issues for Micro Games has to do with the security arrangements.

I believe there is a request form DOJ concerning that.

I think that is an essential part of our responsibilities to the Micro Games.
We should look at that and see how much needs to be appropriated.

I think they requested $200,000.

I believe we can ask questions about that and see what would be the actual cost of putting up the security arrangements from DOJ.

Are there any other discussions?

IF none, debate is closed.

Let’s vote.

All those in favor of the adoption of the report, Special Committee Report No.

20-1, say ‘aye’ – opposed say ‘nay’.

The motion is carried.

The report, Special Committee Report No.


20-10, is adopted by Congress.

Next report.

Acting Chief Clerk: There are no more reports, Mr. Speaker.

Chairman Alik: Mr. Speaker, point of privilege.

Speaker Simina: Chairman Alik.

Chairman Alik: Thank you, Mr. Speaker.

As you know, the APIL is meeting in Pohnpei starting this week.

Part of the Kosrae Delegation, they take up their time to come and observe our session this morning.

I would like to introduce them.


Andy Andrew was working with Congress and he is with us this morning.

I would like to ask that we give him a round of applause (applause).

Also, the Legal Aide of Kosrae State Legislature, Alokoa J. Sigrah, is with us this morning (applause).

Thank you, Mr. Speaker.

Speaker Simina: Thank you, Chairman Alik.

There are certain people that have personal aggrandize in Congress, especially those who ran away from Congress.

It is my pleasure to also welcome Andy back.


It is good to see familiar faces.

Thank you.

Are there any other points of privilege?

Chairman Perman: Yes, Mr. Speaker.

Speaker Simina: Chairman Perman.

Chairman Perman: To add on to the list, I have a lady here, Donna Pretrick, from Ramp and Mida also observing our session this morning (applause).

Thank you, Mr. Speaker.

Speaker Simina: Thank you, Chairman Perman.

Chairman Panuelo: Mr. Speaker.

Speaker Simina: Chairman Panuelo.


Chairman Panuelo: Mr. Speaker, I would like to follow suit and introduce other citizens who are observing our session this morning.

I join you in welcoming Andy and Donna to our session.

I would like to also welcome Ms. Petiri Jacob, a constituent from Sokehs.

Let’s give her a round of applause (applause).

Mr. Dasiano Helgen is also a constituent from Sokehs.

Let’s welcome him and give him a round of recognition (applause).
We also have Mr. Pelsesar Petrus who is here from the President’s Office.

He observes our session regularly (applause).

Thank you.

Speaker Simina: Thank you, Chairman Panuelo.

Are there any other points of privilege?

Chairman Alik: Mr. Speaker.

Speaker Simina: Chairman Alik.

-17- June 26, 2018 CONGRESSIONAL JOURNAL –DAY TWO – 4SS – 20CFSM Chairman Alik: Thank you, Mr. Speaker.
Part of the Kosrae Delegation for APIL here, we have the Legal Council of Kosrae Legislature, Sweetyona Tulensra, Kenye Kenneth, Secretary of the Speaker, and Merian T. Skilling, Legislature Assitant are also with us (applause).

Thank you.

Speaker Simina: Thank you, Chairman Alik.

We welcome those members of the Kosrae Delegation to APIL.

I hope they have a productive meeting.

Any other points of privilege?

If none, short recess.


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

RECESS Chief Clerk Liwiana Ramon Ioanis entered the Chamber at 11:17 a.m.

The Congress reconvened at 11:18 a.m. Speaker Simina: Congress comes back to session.

Next item.

ASSIGNMENT OF MEASURES AND COMMUNICATIONS The Chief Clerk called attention to Referral Sheet No.

20-66.
20-66.

TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH SPECIAL SESSION June 25, 2018 to July 04, 2018 COMMITTEE REFERRAL REFERRAL SHEET NO.

20-66, DAY 02, TUESDAY, 06/26/18, AT 10:00 A.M. C.B.

NO.

20-199 PRESIDENTIAL COMM.

NO.

20-240 20-241 SUBJECT To amend sections 1 and 9 of Public Law No.

20-42, as amended by Public Laws Nos.


20-54, 20-64 and 20-67 and 20-83, in order to appropriate $10,000,000 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.
COMMITTEE W&M SUBJECT COMMITTEE (dated 05/25/18 and received 05/28/18) – Transmitting a bill to establish the Competent Authority for the Federated States of Micronesia, which seeks to appropriate legal framework, mechanisms and standard operating procedures the safety and merchantability of fish and fishery products for export to the EU and other similar markets.

(dated 05/30/18 and received 05/31/18) – Designating Congressional Act No.

20-87 as Public Law No.

20- 84: “To further amend Public Law No.


18-70, as to verify R&D INFO.

-18- June 26, 2018 CONGRESSIONAL JOURNAL –DAY TWO – 4SS – 20CFSM 20-242 20-243 20-244 20-245 20-246 20-247 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.” received 05/31/18) – Designating (dated and Congressional Act No.

20-88 as Public Law No.

20- 85: “To further amend Public Law No.


20-60, as amended by Public Laws Nos.


20-65 and 20-75 by amending sections 3 and 5 thereof, to change the use of funds previously appropriated therein, to fund public projects and social programs in the states of Kosrae and Chuuk, and for other purposes.” (dated 06/04/18 and received 06/05/18) – Transmitting a bill to appropriate $200,000 to be used to provide essential security arrangements and services for the delegations, VIPs and foreign dignitaries who will be attending the Micro Games in Yap.
(dated and received 06/13/18) – Transmitting a bill to designate an additional polling place the Commonwealth of the Northern Mariana Islands (CNMI).

(dated 06/14/18 and received 06/15/18) – Designating Congressional Act No.

20-89 as Public Law No.

20- 86: “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 the state of Pohnpei, to correct technical errors, and for other purposes.” received 06/22/18) – Designating (dated and Congressional Act No.

20-90 as Public Law No.


20- 88, with certain line-item vetoes: “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.” (dated and received 06/22/18) – Designating Congressional Act No.
20-90, as Public Law No.

20- 88, with certain line-item vetoes: “To appropriate the sum of $1,400,000 from the General Fund of the Federated States of Micronesia for the fiscal year in -19- INFO.

W&M J&GO INFO.

W&M W&M June 26, 2018 CONGRESSIONAL JOURNAL –DAY TWO – 4SS – 20CFSM 20-248 20-249 20-250 FSM SUPREME COURT COMM.

NO.

20-13 20-14 DEPARTMENTAL COMM.

NO.


20-46 and ending September 30, 2018, for the purpose of funding public projects and social programs for the people in the states of Yap, Kosrae, Pohnpei and Chuuk, and for other purposes.” received 06/22/18) – Designated (dated Congressional Act No.

20-84, as Public Law No.

20- 89: “To further amend Public Law No.

20-68, as amended by Public Law No.

20-78, by amending sections 3?


(should be 4) 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.” (dated and received 06/22/18) – Designating Congressional Act No.

20-86 as Public Law No.

20- 90: “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, 3,4 and 5 thereof, to change the use and allottee of funds previously appropriated therein, funding priority infrastructure projects and other projects and programs in the states of Kosrae, Pohnpei and Chuuk, and for other purposes.” (dated and received 06/22/18) – Transmitting a bill to appropriate $1.3 million to cover the cost of the dry- docking of M/V Chief Mailo.

the purpose of for INFO.

INFO.


W&M SUBJECT COMMITTEE (dated 06/13/18 and received 06/14/18) – 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.

P2-2017.

(dated 06/13/18 & received 06/14/18) – 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.

P2-2017.

INFO.

INFO.

SUBJECT COMMITTEE (dated and received 4/23/18) – From the Hon.

Lorin S. Robert, Secretary, FSM Department of Foreign Affairs, extended an invitation to a reception on June 05,2018 at Cliff Rainbow Hotel at 5:30 p.m. in honor of the Hon.
Julie Bishop, Foreign Minister of Austrailia, and Her delegation.

INFO.

-20- June 26, 2018 CONGRESSIONAL JOURNAL –DAY TWO – 4SS – 20CFSM 20-47 20-48 20-49 20-50 AGENCY OR GOV’T AUTHORITY COMM.

NO.

20-43 20-44 20-45 INFO.

INFO.

INFO.

W&M/INFO.

COMMITTEE R&D/ INFO.

R&D/ INFO.

H&SA/ INFO.

(dated 06/07/18 and received 06/10/18) – From the Hon.

Lorin S. Robert, Secretary, FSM Department of Foreign Affairs, shared a Diplomatic Note No.
18-0123 from the U.S. Embassy advising of a visit by Assistant the US Secretary Douglas W. Domenech of Department of Interior and his delegation and Requested for a courtesy call on June 21, 2018 at 11:00 a.m. (dated 06/06/18 and received 06/12/18) – From H.E.

Ambassador John Fritz of the FSM Embassy in Japan, transmitting an invitation from the Hon.
Bambang Soesatyo, Speaker of The House of Representatives of the Republic Of Indonesia, to Speaker Simina to the Indonesia- Pacific Partnership on Human Development and Maritime Sustainability to be held on 23-24 July 2018 in Jakarta, Indonesia.

(dated 06/18/18 and received 06/20/18) – From the Hon.
Lorin S. Robert, Secretary, FSM Department presenting compliments and informing Congress of a visit by the UN Assistant Secretary, Mr. Haoliang Xu, to the FSM and requesting for a courtesy call on June 02,2018 at 3:30p.m.

(dated 06/19/18 and received 06/20/18)- From Mrs. Sihna N. Lawrence, submitted the updated Fiscal Year 2018 Revenue Projection and balance funds, which includes $2 million and reimbursement of $11 million from the World Bank.
SUBJECT Foreign Affairs, fishing from fees of (dated 05/22/18 and received 05/28/18) – From Mr. Alexander R. Narruhn, Chairman, Insurance Board of the Government of the Federated States of Micronesia, the 2017 Annual Report covering submitted performance of the insurance system and activities of the Board.
(dated 05/28/18 and received 05/29/18) – From Mr. Eugene Pangelinan, Executive Director, NORMA, bringing to the attention of Congress upcoming conferences and meetings relating to fisheries (see communication for a detailed listing of meetings).
(dated 05/28/18 and received 05/30/18) – From Ms. Arlynne Chugen, Administrator, FSM MiCare, sending an annual report on the status of the Plan covering periods of October 01, 2016 to September 30, 2017, and including the amount of premiums collected and interest earned during the year, the amount of money disbursed for claims, and costs of administration.
-21- June 26, 2018 CONGRESSIONAL JOURNAL –DAY TWO – 4SS – 20CFSM 20-46 (dated 05/30/18 and received 05/31/18) – From Mr. Eugene Pangelinan, Executive Director, NORMA, announcing FSM’s withdrawal from hosting the 15th Annual Session of the WCPFC in December of this year due to certain factors.

R&D/ INFO.

STATE COMM.

NO.

20-20 MUNICIPAL COMM.

NO.

20-04 20-05 FOREIGN GOVERNMENT COMM.

NO.

20-43 20-44 20-45 SUBJECT COMMITTEE (Dated 05/30/18 & received 06/06/18) – From the Hon.
inviting Tony Gannigyan, Governor, Yap State, Speaker to the 2018 Micro Games in Yap.

INFO.
SUBJECT COMMITTEE (dated 05/28/18 and received 05/29/18) – From Mr. Jose San Nicolas, Mayor, Kolonia Town, invited Speaker and members of Congress to the grand opening of the Kolonia Town Central Tennis Court, which was Scheduled on Wednesday, May 30, 2018, at 4:00 p.m. (dated 05/30/18 and received 05/31/18 – From Mr. Jose San Nicolas, Mayor, Kolonia,Town, invited Speaker to attend the Closing Ceremony of the Police, Fire and Disaster Training, scheduled on June 01, 2018, at 5:00 p.m. in the Kolonia- China Friendship Gymnasium.
INFO.

INFO.

SUBJECT COMMITTEE (dated 05/10/18 and received 05/30/18) – From the Rt.

Hon.

Trevor Mallard, Speaker of the New Zealand of House of Representatives, to the 49th Presiding Officers and Clerk’s Conference (POCC) in 08-13 July 2018 in Wellington, NZ.

(dated May 25, 2018 and received 05/30/18) – From the Hon.
Bambang Soesatyo, Speaker of the House of Representatives of Republic of Indonesia, to Speaker Simina to the Indonesia – Pacific Partnership on Human Development and Maritime Sustainability to be held on 23-24 July 2018 in Jakarta, Indonesia.

(dated 06/11/18 and received 06/12/18) – From the Hon.

Cyril Buraman, MP, Speaker of Parliament of Nauru, inviting Congress to Attend the 82nd Council Meeting and the 48th General Assembly of APPU in Nauru, 23 to 26th September 2018.

INFO.

INFO.

INFO.
INFO.

INFO.

INFO.

MISCELLANEOU S COMM.

NO.

20-18 SUBJECT COMMITTEE (dated and received 06/14/18) – From Ms. Elise A. Palsis and Mr. Rosen Nowell, the first recipients of the Strengthening Legislatures in the Pacific’ Project, coordinated by the UNDP, on their training on Inventory and Facility Management at the Hawaii State Legislature, 04-09 June 2018.

INFO.
INFO.

-22- June 26, 2018 CONGRESSIONAL JOURNAL –DAY TWO – 4SS – 20CFSM 20-19 (dated 05/30/18 and received 06/04/18) – From Mrs. Stephanie Ritland, staff attorney, provided a brief summary of the meeting held with representatives of the World Bank on May 24 at 2:40 p.m. in the Members Lounge.

INFO.

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.


20-151 (1st Reading): To amend title 52 of the Code of the Federated States of Micronesia (Annotated), as amended, by adding a new section 212, to provide for Eligibility for Housing Allowance for Off-island Recruits for Public Service Sector positions within the National Government of the Federated States of Micronesia, and for other purposes.

Placed and deferred on 05/28/18 to this special session of Congress.

Speaker Simina: Short recess.


Speaker Simina declared the Congress recessed at 11:19 a.m., subject to the call of the Chair.

The Congress reconvened at 11:19 a.m.

RECESS Speaker Simina: Congress comes back to session.

Floor Leader Harper, make the motion to defer.

Floor Leader Harper: Thank you, Mr. Speaker.

I move to defer C.B.

No.

20-151.

Senator Konman: Second.

Speaker Simina: It has been moved and seconded that Congress defer action on C.B.

No.

20-151 on First Reading.


All those in favor of the motion say ‘aye’ – opposed say ‘nay’.

The motion is carried.

The bill, C.B.

No.

20-151, is deferred.

Next bill.

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 -23- June 26, 2018 CONGRESSIONAL JOURNAL –DAY TWO – 4SS – 20CFSM the penalty for violation of this Act, and for other purposes.
– R&D – (cf.

SCR No.

20-57, adopted 05/15/18).

Deferred CD1, 2nd Reading on 05/16/18 to this session.

Speaker Simina: Chairman Panuelo.

Chairman Panuelo: Thank you, Mr. Speaker.

I move that C.B.

No.

20-41, CD1 be passed on Second and Final Reading.

Chairman Perman: Second.

Speaker Simina: It has been moved and seconded that C.B.

No.

20-41, CD1 be passed by Congress on Second and Final Reading.

Discussion?

Chairman Panuelo: Mr. Speaker.

Speaker Simina: Chairman Panuelo.


Chairman Panuelo: Thank you, Mr. Speaker.

As you and Members recall during the last session, the report on this bill was reported into the full sitting of Congress and it is one of the bills under your R&D Committee that have gone out to the states and it took quite some time to get the support from the states and your Committee to get the input from the witnesses and the states.
This bill is the legal framework that will provide for the county to begin regulating and looking at managing exploding the Seabed Minerals under our seabed authority.

I just want to put on record that your Committee had further communicated with the Department of Justice on the few questions that were raised during the last session.

Those will be forthcoming.

We will make it part of the record.

It has nothing to di with amending the bill, as of now.
It will provide some input and further recommendations.

The bill, C.B.

No.

20-41, CD1, is evolving and I believe that our experience will gain more momentum in terms of how we can further refine the bill.

I move that we pass the bill, C.B.

No.

20-41, CD1, on Second and Final Reading.

Thank you.

Speaker Simina: We are still on the discussion of the bill, C.B.

No.

20-41, CD1.

Are there any further discussions?

If none, debate is closed.

Let’s vote by roll call of delegations.

Chief Clerk.
Chief Clerk.

The Chief Clerk took the roll call by States.

State of Chuuk: Chairman Aritos State of Pohnpei: Chairman Panuelo State of Kosrae: Chairman Alik State of Yap: Chairman Urusemal Aye Aye Aye Absent Chief Clerk: Mr. Speaker, all the three states voted for.

Speaker Simina: For that reason, C.B.

No.

20-41, CD1 has been passed on Second and Final Reading by Congress.

Next bill.

C.B.

No.


20-131 (2nd 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.

-24- June 26, 2018 CONGRESSIONAL JOURNAL –DAY TWO – 4SS – 20CFSM Deferred on 05/28/18 to this session.

Speaker Simina: Floor Leader Harper.

Floor Leader Harper: Short recess.


Speaker Simina declared the Congress recessed at 11:24 a.m., subject to the call of the Chair.

The Congress reconvened at 11:24 a.m.

RECESS Speaker Simina: Congress comes back to session.

Floor Leader Harper.

Floor Leader Harper: Thank you, Mr. Speaker.

I move that this Congress pass C.B.

No.

20-131 on Second and Final Reading.

Senator Konman: Second.

Speaker Simina: It has been moved and seconded that Congress pass on Second and Final Reading C.B.

No.

20-131.
No.

20-131.

Discussion?

Floor Leader Harper: Short recess.

Speaker Simina declared the Congress recessed at 11:25 a.m., subject to the call of the Chair.

The Congress reconvened at 11:26 a.m.

RECESS Speaker Simina: Congress comes back to session.

We are still on discussion of C.B.

No.

20-131.

Floor Leader Harper: Mr. Speaker.

Speaker Simina: Floor Leader Harper.

Floor Leader Harper: Thank you, Mr. Speaker.


On you behalf, I would like to offer an amendment which I believe is in front of all of us.

It has been duplicated and distributed.

I move for the adoption of the amendment.

Senator Konman: Second.

Speaker Simina: It has been moved and seconded that the offered amendment to C.B.

No.

20-131 be adopted.

Let’s have the Chief Clerk to read it into the record since it is a short one.

Chief Clerk.

Chief Clerk read the amendment to C.B.

No.


20-131, offered by Floor Leader Harper, on behalf of Speaker Simina: -25- June 26, 2018 CONGRESSIONAL JOURNAL –DAY TWO – 4SS – 20CFSM Floor Amendment to C.B.

No.

20-131 Proposed by Speaker Simina C.B.

No.

20-131 is hereby amended to read as follows: 1.


Page 2, line 1, after “retroactive to the day the actingship began”, insert “; provided however, that no additional compensation shall be given for any time served prior to January 01, 2001.” Date: June 25, 2018 Introduced by:/s/ Wesley W. Simina Wesley W. Simina Purpose of the Amendment: To limit the applicability of the bills to time served on or after January 01, 2001.

Speaker Simina: There you have it.

Floor Leader Harper.


Floor Leader Harper: Thank you, Mr. Speaker.

I move to suspend any relevant rules that may impede our action on the amendment, especially the one prohibiting the substantive amendment on second reading.

Vice Speaker Moses: Second.

Speaker Simina: It has been moved and seconded that the relevant rules, in particular the rule prohibiting substantive amendment on second reading be suspended.

All those in favor of the motion say ‘aye’ – opposed say ‘nay’.

The motion is carried.


The relevant rules are suspended.

Are there any discussions on the offered floor amendment?

Chairman Panuelo: Mr. Speaker.

Speaker Simina: Chairman Panuelo, you have the floor.
Chairman Panuelo: Mr. Speaker, since you are the sponsor of the proposed floor amendment here, could you help us explain when you are talking about the language “retroactive to the day the actingship began”, insert “; provided however, that no additional compensation shall be given for any time served prior to January 01, 2001.” What is the “2001”?

Can you help us understand?

Speaker Simina: Short recess.

Speaker Simina declared the Congress recessed at 11:29 a.m., subject to the call of the Chair.
The Congress reconvened at 11:36 a.m.

RECESS Speaker Simina: Congress comes back to session.

We are still on discussions of the offered amendment.

Chairman Perman: Question.

-26- June 26, 2018 CONGRESSIONAL JOURNAL –DAY TWO – 4SS – 20CFSM Speaker Simina: Question has been called for.

If there is no objection, debate is closed.

Let’s vote.

All those in favor of the adoption of the offered floor amendment say ‘aye’ – opposed say ‘nay’.

The motion is carried.

The offered floor amendment is adopted.


We now have C.B.

No.

20-131, CD1.

Are there any further discussions?

If none, debate is closed.

Let’s vote by roll call of delegations.

Chief Clerk.

The Chief Clerk took the roll call by states.

State of Chuuk: Chairman Aritos State of Pohnpei: Chairman Panuelo State of Kosrae: Chairman Welly State of Yap: Chairman Urusemal Aye Aye Aye Absent Chief Clerk: Mr. Speaker, all the three states voted for.

Speaker Simina: For that reason, C.B.

No.


20-131, CD1 has been passed by Congress on Second and Final Reading.

Next bill.

Chief Clerk: There are none.

Speaker Simina: Short recess.

Speaker Simina declared the Congress recessed at 11:38 a.m., subject to the call of the Chair.

RECESS The Congress reconvened at 11:38 a.m. Speaker Simina: Congress comes back to session.

Next item.

RESOLUTION CALENDAR None Vice Speaker Moses: Mr. Speaker.

Speaker Simina: Vice Speaker Moses.


Vice Speaker Moses: Thank you, Mr. Speaker.

I move that Congress withdraw and place C.R.

No.

20-107 on today’s Calendar for action.

Chairman Panuelo: Second.

Speaker Simina: It has been moved and seconded that C.R.

No.

20-107 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 resolution, C.R.

No.

20-107, is placed on the Resolution Calendar for action.
Floor Leader Harper.

Floor Leader Harper: Thank you, Mr. Speaker.

I move to suspend any rules that may impede our action on the resolution, C.R.

No.

20-107.

-27- June 26, 2018 CONGRESSIONAL JOURNAL –DAY TWO – 4SS – 20CFSM Senator Konman: Second.

Speaker Simina: It has been moved and seconded that any relevant rules that might impede our action on the resolution, C.R.

No.

20-107, be suspended.

All those in favor of the motion say ‘aye’ – opposed say ‘nay’.

The motion is carried.


The relevant rules are now suspended.

Vice Speaker Moses: Mr. Speaker, the proposed resolution is to increase the ceiling so that we may – we have received our reimbursement from World Bank.

We have also received two supplemental budget requests from the Executive Branch.

I believe there are some requests that also put some money into our Trust Fund.

That is the purpose of the resolution: to increase the ceiling and set it.

Chairman Gouland: Short recess, Mr. Speaker.


Speaker Simina declared the Congress recessed at 11:40 a.m., subject to the call of the Chair.

The Congress reconvened at 11:42 a.m.

RECESS Speaker Simina: Congress comes back to session.

Vice Speaker Moses, you have the floor.

Vice Speaker Moses: Thank you, Mr. Speaker.

I move that Congress adopt C.R.

No.

20-107.

C.R.

No.


20-107: 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.

Chairman Panuelo: Second.

Speaker Simina: It has been moved and seconded that Congress adopt C.R.

No.

20-107.

Discussion?

If none, debate is closed.

Let’s vote.

All those in favor of the adoption of C.R.

No.

20-107 say ‘aye’ – opposed say ‘nay’.

The motion is carried.


The resolution, C.R.

No.

20-107, is adopted by Congress.

Next resolution.

Chief Clerk: There are none, Mr. Speaker.

Vice Speaker Moses: Mr. Speaker.

Speaker Simina: Vice Speaker Moses.

Vice Speaker Moses: I move that Congress move back up to Bill Calendar.

Speaker Simina: If there is no objection, we will move back up to Bill Calendar.

Speaker Simina: Vice Speaker Moses.


BILL CALENDAR -28- June 26, 2018 CONGRESSIONAL JOURNAL –DAY TWO – 4SS – 20CFSM Vice Speaker Moses: Thank you, Mr. Speaker.

I move that Congress withdraw and place C.B.

No.

20-199 on the Bill Calendar for action.

Chairman Panuelo: Second.

Speaker Simina: It has been moved and seconded that C.B.

No.

20-199 be withdrawn and placed on the Bill Calendar for First Reading action.

Did you consult with Chairman Figir?


Vice Speaker Moses: Not necessarily, but I will have it deferred, just as long as we have it on the Bill Calendar for action.

Speaker Simina: It has been moved and seconded that C.B.

No.

20-199 be 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.

20-199, is placed on the Bill Calendar for First Reading action.
Floor Leader Harper: Mr. Speaker, I presume that the relevant rules are still suspended.

Speaker Simina: Yes.

Let the record reflect that the relevant rules are still suspended up to this point.

Vice Speaker Moses.

Vice Speaker Moses: Thank you, Mr. Speaker.

I move that C.B.

No.

20-199 be deferred to Thursday’s session.

C.B.

No.

20-199 (1st Reading): To amend sections 1 and 9 of Public Law No.

20-42, as amended by Public Laws Nos.


20-54, 20-64 and 20-67 and 20-83, in order to appropriate $10,000,000 of additional funds from the General Fund of the Federated States for the fiscal year ending September 30, 2018, and for other purposes.

Chairman Panuelo: Second.

Speaker Simina: It has been moved and seconded that C.B.

No.

20-199 be deferred to Thursday’s session.

All those in favor of the motion say ‘aye’ – opposed say ‘nay’.

The motion is carried.

The bill, C.B.

No.


20-199, is deferred to Thursday’s session.

Next bill.

Chief Clerk: There are none, Mr. Speaker.

Speaker Simina: If there is no objection, we will go down to next item.

INTRODUCTION OF BILLS C.B.

No.

20-200: Introduced by: Floor Leader Harper (By request) Assigned to: W&M Date introduced: June 26, 2018 To further amend sections 1 and 2 of Public Law No.

20-42, as amended by Public Laws Nos.


20-54 and 20-67, to rectify errors in the contractual budget of the Department of Justice for fiscal year ending September 30, 2018, and for other purposes.

-29- June 26, 2018 CONGRESSIONAL JOURNAL –DAY TWO – 4SS – 20CFSM C.B.

No.
No.

20-201: Introduced by: Senator Perman Assigned to: W&M Date introduced: June 26, 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 schedule of the FSM National Government by increasing all salaries schedule-wide by seven percent, and for other purposes.

C.B.

No.
C.B.

No.

20-202: Introduced by: Floor Leader Harper (By request) Assigned to: R&D Date introduced: June 26, 2018 To further amend title 41 of the Code of the Federated States of Micronesia (Annotated), as amended, by amending sections 1003, 1007, 1009, 1011, 1013, 1014, 1020, 1022, 1024, 1025, 1026, 1027, 1028, and 1030 thereof, to provide for the establishment of the Competent Authority, and for other purposes.

C.B.

No.
C.B.

No.

20-203: Introduced by: Floor Leader Harper (By request) Assigned to: J&GO Date introduced: June 26, 2018 To further amend section 605 of title 9 of the Code of the Federated States of Micronesia (Annotated), for the purpose of creating an additional special polling place in the commonwealth of the Northern Mariana Islands, and for other purposes.

C.B.

No.

20-204: Introduced by: Floor Leader Harper (By request) Assigned to: W&M Date introduced: June 26, 2018 C.B.

No.
No.

20-205: To appropriate the sum of $200,000 form the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, for the purpose of funding for the security for the 2018 Micro Games in Yap, and for other purposes.
Introduced by: Floor Leader Harper (By request) Assigned to: W&M Date introduced: June 26, 2018 To appropriate the sum of $1,300,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, in order to fund for the dry-docking operations of M/V Chie Mailo and the associated costs, and for other purposes.

C.B.

No.
C.B.

No.

20-206: Introduced by: Floor Leader Harper (By request) Assigned to: W&M Date introduced: June 26, 2018 To appropriate the sum of $500,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, to fund the court -30- June 26, 2018 CONGRESSIONAL JOURNAL –DAY TWO – 4SS – 20CFSM litigation and related proceedings between the FSM Government and PII, and for other purposes.

C.B.

No.
C.B.

No.

20-207: Introduced by: Floor Leader Harper (By request) Assigned to: W&M Date introduced: June 26, 2018 To further amend sections 1, 8, and 9 of Public Law No.

20-42, as amended by Public Laws Nos.

20-54, 20-64, 20-67 and 20-83, in order to appropriate $5,849,587 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.
C.B.

No.

20-208: Introduced by: Floor Leader Harper (By request) Assigned to: W&M Date introduced: June 26, 2018 To further amend sections 1 and 2 of Public Law No.

20-42, as amended by Public Laws Nos.

20-54, 20-64, 20-67 and 20-83, in order to appropriate $742,696 of additional funds from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, and for other purposes.

INTRODUCTION OF RESOLUTIONS C.R.

No.


20-107: Introduced by: Floor Leader Harper (By request) Assigned to: W&M Date introduced: June 26, 2018 Setting the ceiling of the total fund 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?

Chairman Perman: Mr. Speaker.

Speaker Simina: Chairman Perman.


Chairman Perman: Thank you, Mr. Speaker.

I have a concern that I would like to bring to the floor.

This is a concern regarding shipwrecks.

I am afraid that this problem will end up in Chuuk, Yap, and Kosrae.

It will become what Pohnpei has already been experiencing.

I have noticed that some of the ships here have no engines in them.

The companies that operate those ships sold them for a dollar to individuals here for them to get rid of it.
Some of them had already sank, because they supposed to lift them up and break them down into pieces and they never did.

I saw another one, and they said another one is coming.

These are long-line fishing boats.

They are huge boats.


I don’t know if we should proper committees to -31- June 26, 2018 CONGRESSIONAL JOURNAL –DAY TWO – 4SS – 20CFSM look into it, because I think if these foreign companies are trying to get rid of their trash, instead of bringing those ships back to their countries and demolish them, instead, they sold them to locals.

I heard that there is a contract that had be signed by the individual and the company for them to get rid of it.
We don’t have that kind of heavy machinery to take care of and lift them up and bring them on land to demolish them.

It is shown that we have a few of them sank in front of former President Baily Olter’s place.

There is already two added to those.

Same ones are at Litakika, as of today.

I am hoping that whatever committee can work with and look into it.

I know for a fact that they will come back to us and say that it is because these are fishing boats and everything so FSM has a say in it, too.
I don’t know the legal issues behind it, but it is something I want to bring to our attention.

Later there might be so many of those boats/ships and I don’t think we can get rid of them.

Thank you, Mr. Speaker.

Speaker Simina: Thank you, Chairman Perman for brining up that concern.

I think it is an on-going concern with our environmental concerns as well.

We will probably allow the Committees on T&C and R&D to look into those and report back.

We need to work with the states, too.


I think are just as much part of the equation.

Chairman Panuelo: Mr. Speaker.

Speaker Simina: Chairman Panuelo.

Chairman Panuelo: Mr. Speaker, I thank Chairman Perman for that.

Even our Pohnpei Delegation has talked about appropriating money to begin getting rid of the shipwrecks that he had mentioned.

You are right, Mr. Speaker.

It has to be the two respective committees of T&C and R&D to do it.
We will talk with NORMA to talk about whether these types of concerns are included in the agreements that we have with the distant water fishing nations.

It is time that we look into it thoroughly to find out why we keep getting these vessels being sold to local individuals who don’t have the capacity to demolish these vessels.

Thank you.

Your two Committees will look into it and report back to Congress.

Thank you.

Speaker Simina: Thank you, Chairman Panuelo.


We look forward to some reporting from those two Committees.

Are there any further miscellaneous businesses?

Chairman Alik, you look for furious.

I will give you the floor.

Chairman Alik: I have no issues at this time.

Thank you.

Speaker Simina: Thank you, Chairman Alik.

If there is further business, I would like to us to move to the next item, Announcements.

Speaker Simina: Chairman Welly.

Chairman Figir.

Chairman Alik.


ANNOUNCEMENTS Chairman Alik: Thank you, Mr. Speaker.

Your Committee on Environment and Climate Change will meet at 3:00 o’clock on Thursday for an oversight hearing and budget.

Thank you.

Speaker Simina: Thank you.

Members of the Committee, take note of that.

Chairman Perman.

Chairman Perman: Thank you, Mr. Speaker.

Your Committee on Health and Social Affairs have Mondays, Wednesdays, and Fridays at 2:30 p.m. As of this week, we don’t have any announcements.
If other Committee Chairmen need to have time, 2:30 p.m. of those days, is available.

Thank you, Mr. Speaker.

-32- June 26, 2018 CONGRESSIONAL JOURNAL –DAY TWO – 4SS – 20CFSM Speaker Simina: Thank you, Chairman Perman.

Chairman Romolow.

Chairman Panuelo.

Chairman Panuelo: Thank you, Mr. Speaker.

Your Committee on R&D is holding a budget hearing with Banking Commission and Insurance Board at 8:30 a.m., Wednesday morning.
For Friday, notices have been drafted right now to go to NORMA for their budget hearing on Friday morning, 8:30 a.m. Mr. Speaker, the Chairman of T&C and I were just consulting to look at a joint oversight on the issue of that which Chairman Perman had mentioned on Friday at 1:00 p.m. Also, we will take the opportunity to get updated with revenue projection as was discussed this morning on NORMA so we can get more accurate updated revenue projection from that authority.

Thank you, Mr. Speaker.


Speaker Simina: Thank you, Chairman Panuelo.

Take note, members of R&D Committee and also T&C Committee for that joint oversight.

Chairman Urusemal.

Vice Speaker Moses.

Senator Aritos.

Senator Konman.

Before I give it to Floor Leader, just a short announcement that there is a trip to China, a fair invitation.

So far, we have only three members and we need one more.

Please see Chief Clerk.

Floor Leader Harper.

Floor Leader Harper: Thank you, Mr. Speaker.


Relating to that trip to China, I am one of the invitees to go on that trip, but I am selling my seat to anybody who is interested.

I, now, move that we stand in recess until 10:00 a.m., tomorrow.

Chairman Panuelo: Second.

Speaker Simina: It has been moved and seconded that Congress stand in recess until tomorrow at 10:00 a.m., in the morning.

All those in favor of the motion say ‘aye’ – opposed say ‘nay’.

The motion is carried.
Congress, now, stands in recess until tomorrow at 10:00 a.m. Speaker Simina declared that the Congress stand in recess at 11:54 a.m., Tuesday, June 26, 2018, until tomorrow, Wednesday, June 27, 2018, at 10:00 a.m. Respectfully submitted, Liwiana Ramon Ioanis Chief Clerk -33- CONGRESSIONAL JOURNAL TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH SPECIAL SESSION DAY THREE The Third Day of the Fourth Special Session of the Twentieth Congress of the Federated States of Micronesia was called to order at 10:37 a.m., Wednesday, June 27, 2018.
Wednesday, June 27, 2018 Speaker Wesley W. Simina presided.

A moment of silent prayer was observed.

The Chief Clerk called the roll.

Ten Members were present; Chairman Figir, Chairman Romolow, and Chairman Urusemal were absent; Chairman Panuelo was late.

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.


20-254 - (dated 06/25 and received 06/26/18) – Transmitted a nomination of Mr. Jesse Giltamag to continue serving as a member of the MiCare Board representing the National Government.

Speaker Simina: Assign that Communication, Chief Clerk.

Next item.
Next item.

FSM SUPREME COURT COMMUNICATIONS None MEMBER COMMUNICATIONS None DEPARTMENTAL COMMUNICATIONS None AGENCY OR GOVERNMENTAL AUTHORITY COMMUNICATIONS None -34- June 27, 2018 CONGRESSIONAL JOURNAL –DAY THREE – 4SS – 20CFSM STATE COMMUNICATIONS -No.

20-23 - (dated 06/06/18 and received 06/26/18) – From Mr. Andy J. Andrew, Chief Clerk, Kosrae State Legislature, transmitted a certified copy of L.R.

No.
No.

11-308, which was adopted during the 11th Kosrae State Legislature, 18th Special Session, 2018: “Requesting financial assistance from the Kosrae Delegation of the Twentieth Congress of the Federated States of Micronesia, particularly the two Congressmen from Kosrae, to fund all small grants, programs and activities de-funded under JEMCO Resolution 2017-2 for fiscal year 2019 and beyond.” Speaker Simina: Assign that Communication, Chief Clerk.

Next item.
Next item.

STATE SUPREME COURT COMMUNICATIONS None MUNICIPAL OR TOWN COMMUNICATIONS None FOREIGN GOVERNMENT COMMUNICATIONS -No.

20-46 - (dated 06/22/18 and received 06/26/18) – From Hon.

Margareta Cederfelt, MP (Sweden), President, Parliamentarians for Global Action (PGA), and Vice President, OSCE Parliamentary Assembly (Parliamentary Assembly of the Organization for Security and Cooperation in Europe; and Hon.
Hryhoriy Nemyria, MP (Ukraine), Chair, Organizing Committee of the CAP-ICC Chair, Committee on Human Rights, National Minorities and Interethnic Relations, inviting Speaker to the 10th Consultative Assembly of Parliamentarians for the International Criminal Court and the Rule of Law (CAP-ICC) and 40th Annual Forum of PGA, 16-17 November 2018, in Kyiv, at the Parliament of Ukraine.

Speaker Simina: Assign that Communication, Chief Clerk.

Short recess.
Short recess.

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

The Congress reconvened at 10:42 a.m.

RECESS Speaker Simina: Congress comes back to session.

Order of the Day.

ORDER OF THE DAY STANDING COMMITTEE REPORTS The Chief Clerk called attention to Awaiting List No.

20-31.
20-31.

-35- June 27, 2018 CONGRESSIONAL JOURNAL –DAY THREE – 4SS – 20CFSM TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH SPECIAL SESSION JUNE 25, 2018 TO JULY 04, 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.

20-31, 3RD DAY, WEDNESDAY, JUNE 27, 2018, AT 10:00 A.M. REPORTS NOS.

SCR No.

20-64 SCR No.

20-65 SCR No.

20-66 SUBJECT RE: Presidential Communication No.

20-246, “Line item vetoes override of C.A.

No.

20-83.” – Submitted by: W&M Committee.


RE: Presidential Communication No.

20-249, “Line item vetoes override of C.A.

No.

20-86.” – Submitted by: W&M Committee.

RE: Presidential Communication No.

20-247, “Line item vetoes override of C.A.

No.

20-90.” – Submitted by: W&M Committee.

DATE AND TIME 6/27/18 @ 10:00 a.m. 6/27/18 @ 10:00 a.m. 6/27/18 @ 10:00 a.m. Speaker Simina: We will go down and will come back.

Next item.
Next item.

SPECIAL COMMITTEE REPORTS None ASSIGNMENT OF MEASURES AND COMMUNICATIONS The Chief Clerk called attention to Referral Sheet No.

20-67.

TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH SPECIAL SESSION June 25, 2018 to July 04, 2018 COMMITTEE REFERRAL REFERRAL SHEET NO.

20-67, DAY 03, WEDNESDAY, 06/27/18, AT 10:00 A.M. C.B.

NO.

20-200 20-201 20-202 SUBJECT To further amend sections 1 and 2 of Public Law No.

20- 42, as amended by Public Laws Nos.


20-54 and 20-67, to rectify errors in the contractual budget of the Department of Justice for fiscal year ending September 30,2018, and for other purposes.

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 schedule of the FSM National Government by increasing all salaries schedule-wide by seven percent, and for other purposes.
To further amend title 41 of the Code of the Federated States of Micronesia (Annotated), as amended, by COMMITTEE W&M W&M R&D -36- June 27, 2018 CONGRESSIONAL JOURNAL –DAY THREE – 4SS – 20CFSM 20-203 20-204 20-205 20-206 20-207 20-208 C.R.

NO.

20-107 PRESIDENTIAL COMM.

NO.

20-251 20-252 amending sections 1003, 1007, 1009, 1011, 1013, 1014, 1020, 1022, 1024, 1025, 1026, 1027, 1028, and 1030 thereof, to provide for the establishment of the Competent Authority, and for other purposes.
To further amend section 605 of title 9 of the Code of the Federated States of Micronesia (Annotated), for the purpose of creating an additional special polling place in the Commonwealth of the Northern Marianas Islands, and for other purposes.

To appropriate the sum of $200,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30,2018, for the purpose of funding for the security for the 2018 Micro Games in Yap, and for other purposes.
To appropriate the sum of $1,300,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30,2018, in order to fund for the dry-docking operations of M/V Chief Mailo and the associated costs, and for other purposes.
To appropriate the sum of $500,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, to fund the court litigation and related proceedings between the FSM Government and PII, and for other purposes.

To further amend sections 1, 8 and 9 of Public Law No.

20-42, as amended by Public Laws Nos.


20-54, 20-64, 20- 67 and 20-83, in order to appropriate $5,849,587 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.

To further amend sections 1 and 2 of Public Law No.

20- 42, as amended by Public Laws Nos.


20-54, 20-64, 20-67 and 20-83, in order to appropriate $742,696 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.

SUBJECT 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.
J&GO W&M W&M W&M W&M W&M COMMITTEE NONE SUBJECT COMMITTEE (dated and received 06/25/18) – Transmitting a bill that appropriates $500,000 of public funds to support the court litigation and related proceedings between the FSM Government and PII.

the (dated and received 06/25/18) – Transmitting supplemental budget in the amount of $742,696 to W&M ALL RELEVANT COMMITTEES -37- June 27, 2018 CONGRESSIONAL JOURNAL –DAY THREE – 4SS – 20CFSM 20-253 STATE.
20-21 20-22 supplement critical and urgent operational needs of the Executive Branch.

(dated and the supplemental budget for the remainder of the fiscal year under Subsidy (section 8) and Capital Improvement Projects (section 9) of the FY18 annual budget.

received 06/25/18) – Submitting SUBJECT (dated 06/06/18 and received 06/25/18) – From the Hon.

Johnson S. Elimo, Governor, Chuuk State, informing Congress of a meting on June 15, 2018 to discuss vital issues on economic prospects and financial status.
received 06/25/18) – From (dated 06/11/18 and Songkinita S. Bossy, Chief Clerk, Senate, 14th Chuuk State Legislature, transmitted certified copies of Senate Joint Resolution Nos.

14-18-SJR-08 and 14-18-SJR-09, which were adopted on 05/01/18 and 05/29/18 respectively.

(Refer to the communication for details of the Resolutions.)

ALL RELEVANT COMMITTEES COMMITTEE INFO.

INFO.

UNFINISHED BUSINESS None BILL CALENDAR C.B.

No.


20-151 (1st Reading): To amend title 52 of the Code of the Federated States of Micronesia (Annotated), as amended, by adding a new section 212, to provide for Eligibility for Housing Allowance for Off-island Recruits for Public Service Sector positions within the National Government of the Federated States of Micronesia, and for other purposes.

Deferred on 06/26/18.

Speaker Simina: Short recess.


Speaker Simina declared the Congress recessed at 10:43 a.m., subject to the call of the Chair.

The Congress reconvened at 10:45 a.m.

RECESS Speaker Simina: Congress comes back to session.

We have C.B.

No.

20-151 for First Reading action.

Acting Chairman of J&GO, Senator Neth.

Senator Neth: Thank you, Mr. Speaker.

I move that Congress pass C.B.

No.

20-151 on First Reading.

Senator Konman: Second.


-38- June 27, 2018 CONGRESSIONAL JOURNAL –DAY THREE – 4SS – 20CFSM Speaker Simina: It has been moved and seconded that Congress pass C.B.

No.

20-151.

Discussions?

Senator David W. Panuelo entered the Chamber and took his seat at 11:46 a.m. Chairman Gouland: Question.

Speaker Simina: Question has been called for.

If there is no objection, debate is closed.

Let’s vote by roll call of Members.

Chief Clerk.


The Chief Clerk took the roll call by Members.

Senator Alik Senator Aritos Senator Figir Senator Gouland Floor Leader Harper Senator Konman Vice Speaker Moses Senator Neth Nay Nay Absent Aye Aye Aye Nay Aye Chairman Panuelo: Mr. Speaker, may I ask, and I apologize for coming in late, what we are voting on?

Speaker Simina: Short recess.

Speaker Simina declared the Congress recessed at 10:47 a.m., subject to the call of the Chair.
The Congress reconvened at 10:54 a.m.

RECESS Speaker Simina: Congress comes back to session.

Chief Clerk, continue the roll call.

The Chief Clerk continued with the roll call.

Senator Panuelo Senator Perman Senator Romolow Senator Urusemal Senator Welly Speaker Simina Aye Nay Absent Absent Aye Aye Chief Clerk: Mr. Speaker, seven Members voted for.

Speaker Simina: For that reason, the bill, C.B.

No.

20-151, has not been passed.

Next bill.

Chief Clerk: There are none, Mr. Speaker.


Speaker Simina: Short recess.

-39- June 27, 2018 CONGRESSIONAL JOURNAL –DAY THREE – 4SS – 20CFSM 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.

Vice Speaker Moses: Mr. Speaker.

Speaker Simina: Vice Speaker Moses.

Vice Speaker Moses: Thank you, Mr. Speaker.

Good morning to you, Members, and those observing.


I wish to move to reconsider my motion yesterday to defer action on C.B.

No.

20-199 to Thursday’s Calendar and place it on today’s Calendar.

Chairman Panuelo: Second.

Speaker Simina: It has been moved and seconded that we reconsider the motion to defer C.B.

No.

20-199 to tomorrow’s Calendar.

All those in favor of the motion say ‘aye’ – opposed say ‘nay’.

The motion is carried.

The motion is adopted.

Vice Speaker Moses.


Vice Speaker Moses: I move for the placement of C.B.

No.

20-199 on today’s Calendar for action.

Senator Konman: Second.

Speaker Simina: It has been moved and seconded that C.B.

No.

20-199 be placed on the Bill Calendar for First Reading action.

All those in favor of the motion say ‘aye’ – opposed say ‘nay’.

The motion is carried.

The bill, C.B.

No.

20-199, is now placed on the Bill Calendar for action.

Vice Speaker Moses, make your motion for passage.


Vice Speaker Moses: I defer to Chairman Gouland.

Speaker Simina: Chairman Gouland, you have the floor.

Chairman Gouland: Thank you, Mr. Speaker.

I move for the passage of C.B.

No.

20-199 on First Reading.

C.B.

No.

20-199 (1st Reading): To amend sections 1 and 9 of Public Law No.

20-42, as amended by Public Laws Nos.


20-54, 20-64 and 20-67 and 20-83, in order to appropriate $10,000,000 of additional funds from the General Fund of the Federated States for the fiscal year ending September 30, 2018, and for other purposes.

Floor Leader Harper: Second.

Speaker Simina: It has been moved and seconded that C.B.

No.

20-199 be passed on First Reading.

Discussions?

Short recess.

Speaker Simina declared the Congress recessed at 10:59 a.m., subject to the call of the Chair.
-40- June 27, 2018 CONGRESSIONAL JOURNAL –DAY THREE – 4SS – 20CFSM The Congress reconvened at 11:02 a.m.

RECESS Speaker Simina: Congress comes back to session.

We are still on discussion of C.B.

No.

20-199.

Are there any further discussions?

Chairman Panuelo: Question.

Speaker Simina: Question has been called for.

If there is no objection, debate is closed.

Let’s vote by roll call of Members.

Chief Clerk.

The Chief Clerk took the roll call by Members.


Senator Alik Senator Aritos Senator Figir Senator Gouland Floor Leader Harper Senator Konman Vice Speaker Moses Senator Neth Senator Panuelo Senator Perman Senator Romolow Senator Urusemal Senator Welly Speaker Simina Nay Aye Absent Aye Aye Aye Aye Aye Aye Aye Absent Absent Aye Aye Chief Clerk: Mr. Speaker, ten Members voted for.

Speaker Simina: For that reason, C.B.

No.

20-199 has been passed by Congress on First Reading.

Next bill.
Next bill.

Chairman Panuelo: Mr. Speaker, point of privilege.

Speaker Simina: Chairman Panuelo, state your point.

Chairman Panuelo: Mr. Speaker, please allow me to introduce the individuals who are observing our session this morning.

I would like to begin with a good friend of mine and a constituent of Senator Neth and me.

He is a former councilman of Madolemihmw.

Let’s kindly give a round of applause to Mr. Welbert Mwudong who is in the gallery observing our session this morning (applause).
I continue to have us give a round of recognition to Donna Pretrick from Ramp and Mida Law Firm, observing our session (applause).

Also, we have Relina Resepwil observing our session, a student at Calvary Christian Academy (CCA) doing her community service at Congress Library.

Let’s also recognize her (applause).

Last, we have Dasiano Helgen who has been observing our session, a constituent from Sokehs (applause).

Speaker Simina: Are you going to introduce our President?
-41- June 27, 2018 CONGRESSIONAL JOURNAL –DAY THREE – 4SS – 20CFSM Chairman Panuelo: I did not see Your Excellency.

Please, let’s welcome our President, His Excellency Peter M. Christian, who is observing our session this morning (applause).

Kalahngan (thank you) Dauk.

Speaker Simina: Thank you, Chairman Panuelo.


We indeed are honored and privileged to have the presence of our President, His Excellency Peter M. Christian; we are also privileged and honored when our citizens take interest in coming to observe their Congress in action.

Are there any other points of privilege?

Short recess.

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

The Congress reconvened at 11:11 a.m.


RECESS Speaker Simina: Congress comes back to session.

We are still on the Bill Calendar.

If no other bills, we will go back to the Standing Committee Reports, if there is no objection.

STANDING COMMITTEE REPORTS Speaker Simina: We have three reports on the Awaiting List.

Are your ready to tackle them?

Floor Leader Harper: Why don’t we wait for the Yap Delegation?

Chairman Gouland: Mr. Speaker, we are ready to move.
Speaker Simina: Chairman Gouland, you have the floor.

Chairman Gouland: Mr. Speaker, I move to place SCR Nos.

20-64, 20-65, and 20-66.

I so move, Mr. Speaker.

Chairman Panuelo: Second.

Speaker Simina: It has been moved and seconded that the three reports, SCR Nos.

20-64, 20-65, and 20-66 be placed on our Calendar for action.

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 that we suspend any relevant rules that may impede our actions on the said reports, particularly the one requiring the 24-hour availability of reports be prior to our action.

Chairman Welly: Second.

Speaker Simina: It has been moved and seconded that the relevant rules that might impede our action, in particular the rule requiring 24-hour awaiting period be suspended.
All those in favor of the motion say ‘aye’ – opposed say ‘nay’.

The motion is carried.

The relevant rules are suspended.

Let’s vote.

-42- June 27, 2018 CONGRESSIONAL JOURNAL –DAY THREE – 4SS – 20CFSM All those in favor of placing those three reports on the Calendar say ‘aye’ – opposed say ‘nay’.

The motion is carried.

The reports are now placed on the Calendar.

First report.

-SCR No.

20-64, RE: P.C.

No.

20-246, “Line item vetoes override of C.A.

No.

20-83.” – Submitted by: W&M Committee.


Speaker Simina: Floor Leader Harper.

Floor Leader Harper: I so move, Mr. Speaker.

Chairman Panuelo: Second.

Speaker Simina: It has been moved and seconded that Congress adopt SCR No.

20-64.

Discussions?

Vice Speaker Moses: Mr. Speaker.

Speaker Simina: Vice Speaker Moses.

Vice Speaker Moses: Thank you, Mr. Speaker.

I just wanted to get some clarification on the reports and the way they were prepared.
In our rules of procedure, normally when a chairman is absent, the vice chairman goes ahead and does the work of the committee, along with members.

However, this committee has no chairman and with the absence of the chairman, how did this report get through?

Is it in accordance with our rules of procedure, statues, or constitution?

I just want to get a clarification on that.

Speaker Simina: Thank you, Vice Speaker Moses for bringing up a legitimate concern.
The practice has been that when a chairman is absent, the speaker can designate someone to be acting since all of them are chairman.

It is up to the speaker to designate.

Floor Leader Harper: Is that by rule or by the advice of the counsel?

Speaker Simina: By rules.

Are there any further discussions on the report?

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 report, SCR No.

20-64, is adopted by Congress.


Next report.

-SCR No.

20-65, RE: P.C.

No.

20-249, “Line item vetoes override of C.A.

No.

20-86.” – Submitted by: W&M Committee.

Speaker Simina: Floor Leader Harper.

Floor Leader Harper: I move for the adoption of the said report.

Chairman Welly: Second.

Speaker Simina: It has been moved and seconded that Congress adopt SCR No.

20-65.

Discussions?

If none, debate is closed.

Let’s vote.

All those in favor of the adoption of SCR No.


20-65 say ‘aye’ – opposed say ‘nay’.

The motion is carried.

The report, SCR No.

20-65, is adopted by Congress.

Next report.

-43- June 27, 2018 CONGRESSIONAL JOURNAL –DAY THREE – 4SS – 20CFSM -SCR No.

20-66, RE: P.C.

No.

20-247, “Line item vetoes override of C.A.

No.

20-90.” – Submitted by: W&M Committee.

Speaker Simina: Short recess.

Speaker Simina declared the Congress recessed at 11:17 a.m., subject to the call of the Chair.
The Congress reconvened at 11:17 a.m.

RECESS Speaker Simina: Congress comes back to session.

Floor Leader Harper.

Floor Leader Harper: I so move for the adoption of SCR No.

20-66.

Senator Konman: Second.

Speaker Simina: It has been moved and seconded that Congress adopt SCR No.

20-66.

Discussion?

If none, debate is closed.

Let’s vote.

All those in favor of the adoption of SCR No.

20-66 say ‘aye’ – opposed say ‘nay’.

The motion is carried.

The report, SCR No.

20-66, is adopted by Congress.


Next report.

Chief Clerk: There are none, Mr. Speaker.

Speaker Simina: If there is no objection, we will, now, go back to the Bill Calendar.

Speaker Simina: First bill.

BILL CALENDAR C.A.

No.


20-83: An act to appropriate the sum of $800,000, or so much 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, and for other purposes.

Speaker Simina: Floor Leader Harper.

Floor Leader Harper: Thank you, Mr. Speaker.

I move for the re-passage of C.A.

No.

20-83.

Vice Speaker Moses: Second.


Speaker Simina: It has been moved and seconded that Congress re-pass C.A.

No.

20-83.

Short recess.

Speaker Simina declared the Congress recessed at 11:20 a.m., subject to the call of the Chair.

The Congress reconvened at 11:20 a.m.

RECESS -44- June 27, 2018 CONGRESSIONAL JOURNAL –DAY THREE – 4SS – 20CFSM Speaker Simina: Congress comes back to session.

We are on discussion of the main motion.

Are there any discussions?

If none, debate is closed.


This is a re-passage so it is subject to the same votes in voting on bill on second and final reading.

It requires at least three votes to be passed.

Chief Clerk, roll call.

The Chief Clerk took the roll call by states.

State of Chuuk: Chairman Aritos State of Pohnpei: Chairman Panuelo State of Kosrae: Chairman Welly State of Yap: Chairman Urusemal Aye Aye Aye Absent Chief Clerk: Mr. Speaker, the three states voted for.

Speaker Simina: For that reason, C.A.

No.


20-83, especially the line item vetoes have been overridden.

Next act.

C.A.

No.

20-86: An act 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, 3, 4 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 states of Kosrae, Pohnpei and Chuuk, and for other purposes.

Floor Leader Harper: Mr. Speaker.

Speaker Simina: Floor Leader Harper.

Floor Leader Harper: I move for the re-passage of C.A.

No.

20-86.

Senator Konman: Second.


Speaker Simina: It has been moved and seconded that Congress re-pass C.A.

No.

20-86.

Discussions?

If none, debate is closed.

Same rules apply.

Chief Clerk.

The Chief Clerk took the roll call by states.

State of Chuuk: Chairman Aritos State of Pohnpei: Chairman Panuelo State of Kosrae: Chairman Welly State of Yap: Aye Aye Aye Absent Chief Clerk: Mr. Speaker, the three states voted for.

Speaker Simina: For that reason, C.A.

No.


20-86 has been overridden by Congress.

Next bill.

C.A.

No.

20-90: An act to appropriate the sum of $1,400,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending 30, 2018, for the purpose of funding public projects and social programs for the people of Yap, Kosrae, Pohnpei, and Chuuk States, and for other purposes.

Speaker Simina: Floor Leader Harper.


-45- June 27, 2018 CONGRESSIONAL JOURNAL –DAY THREE – 4SS – 20CFSM Floor Leader Harper: Thank you, Mr. Speaker.

Again, I move for the re-passage of C.A.

No.

20- 90.

Senator Konman: Second.

Speaker Simina: It has been moved and seconded that Congress re-pass C.A.

No.

20-90, specifically the line item vetoes.

Discussions?

If none, debate is closed.

Let’s vote by the same method.

The Chief Clerk took the roll call by states.


State of Chuuk: Chairman Aritos State of Pohnpei: Chairman Panuelo State of Kosrae: Chairman Welly State of Yap: Chairman Urusemal Aye Aye Aye Absent Chief Clerk: Mr. Speaker, the three states voted for.

Speaker Simina: For that reason, C.A.

No.

20-90, specifically the line item vetoes have been overridden.

Next.

Chief Clerk: There are none, Mr. Speaker.

Speaker Simina: Short recess.


Speaker Simina declared the Congress recessed at 11:24 a.m., subject to the call of the Chair.

RECESS The Congress reconvened at 11:25 a.m. Speaker Simina: Congress comes back to session.

Next item.

RESOLUTION CALENDAR None INTRODUCTION OF BILLS C.B.

No.

20-209: Introduced by: Speaker Simina Assigned to: T&C Date introduced: June 27, 2018 To repeal their entirety Public Laws Nos.
20-13 and 20-20 pertaining to the assets and liabilities of the Open Access Entity, and to reinstate the previous language of sections 203 and 389 of title 21 of the Code of the Federated States of Micronesia (Annotated), as amended, and for other purposes.

-46- June 27, 2018 CONGRESSIONAL JOURNAL –DAY THREE – 4SS – 20CFSM C.B.

No.
No.

20-210: Introduced by: Senator Paliknoa K. Welly Assigned to: W&M Date introduced: June 27, 2018 To appropriate the sum of $4,900,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, for the purpose of funding public projects and social programs for the people of Yap, Kosrae, Pohnpei and Chuuk States, and for other purposes.
INTRODUCTION OF RESOLUTIONS None MISCELLANEOUS COMMUNICATIONS None MISCELLANEOUS BUSINESS Speaker Simina: Do you have any miscellaneous business?

If none, let’s go to Announcements.

ANNOUNCEMENTS Speaker Simina: Chairman Welly.

Chairman Welly: Thank you, Mr. Speaker.

There is no announcement from your Committee on External Affairs.

Speaker Simina: Thank you.

Chairman Figir.

Chairman Alik.

Chairman Alik: Thank you, Mr. Speaker.

No announcements.

Speaker Simina: Chairman Perman.


Chairman Perman: Thank you, Mr. Speaker.

On Tuesday, at 8:30 a.m., we will have an oversight hearing on the nomination from MiCare.

Speaker Simina: Take note, members of H&SA Committee.

Chairman Romolow.

Chairman Panuelo.

Chairman Panuelo: Thank you, Mr. Speaker.

Your Committee on R&D is holding its budget hearing with NORMA at 8:30 a.m., Friday morning.

We have postponed the budget hearing for the Banking and Insurance Commission.
The schedule has been worked on right now.

Thank you, Mr. Speaker.

Speaker Simina: Thank you, Chairman Panuelo.

Chairman Gouland.

Chairman Gouland: Thank you, Mr. Speaker.

Your Committee on T&C will schedule our meeting on Tuesday afternoon.

Thank you, Mr. Speaker.

-47- June 27, 2018 CONGRESSIONAL JOURNAL –DAY THREE – 4SS – 20CFSM Speaker Simina: Thank you.

Take note.

Chairman Urusemal.

Vice Speaker Moses.

Acting Chairman Neth.

Senator Neth: Thank you, Mr. Speaker.


Your Committee on J&GO will come to live tomorrow with or without the Chairman’s presence.

Thank you.

Chairman Panuelo: I am sorry to inform you that he will not make it.

So you are stuck with all the works.

We will talk about it when we finish session.

Senator Aritos.

Senator Konman.

Senator Konman: I have no announcements, Mr. Speaker.

Thank you.

Speaker Simina: Thank you.


Before I give it to the Floor Leader, the President has invited the Presiding Officers of Congress to join him, and the representative of our four states to a lunch at Cliff Rainbow today.

That is the announcement.

I don’t know whether the Vice Speaker and Floor Leader would be interested.

Floor Leader Harper.


Floor Leader Harper: Mr. Speaker, before I make my usual motion, I must make my apology to His Excellency for the fact that I may not be able to join the lunch, as I have a funeral to attend to at noon.

Thank you.

Speaker Simina: Thank you.

Make your motion.

Floor Leader Harper: I so move that we stand in recess until 10:00 a.m., tomorrow morning.

Senator Konman: 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.

The 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 11:29 a.m., Wednesday, June 27, 2018, until tomorrow, Thursday, June 28, 2018, at 10:00 a.m. Respectfully submitted, Liwiana Ramon Ioanis Chief Clerk -48- CONGRESSIONAL JOURNAL TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH SPECIAL SESSION DAY FOUR The Fourth Day of the Fourth Special Session of the Twentieth Congress of the Federated States of Micronesia was called to order at 10:23 a.m., Thursday, June 28, 2018.
Thursday, June 28, 2018 Speaker Wesley W. Simina presided.

A moment of silent prayer was observed.

The Chief Clerk called the roll.

Eleven Members were present; Chairman Romolow was absent; Chairman Panuelo and Floor Leader Harper were excused.

Senator Joseph J. Urusemal was designated to be the Acting Floor Leader.

Acting Leader Urusemal moved to dispense with the reading of the Journal; Chairman Perman seconded, and the motion carried by voice vote.
PRESIDENTIAL COMMUNICATIONS None FSM SUPREME COURT COMMUNICATIONS None MEMBER COMMUNICATIONS None DEPARTMENTAL COMMUNICATIONS -No.

20-51 - (dated 06/26/18 and received 06/27/18) – From Mr. Attorney General Joses R. Gallen, Sr., Secretary of Justice, responding to comments on the floor by Floor Leader Harper on June 25, 2018 regarding the process and status of contracts.

-No.
-No.

20-52 - (dated and received 06/27/18) – From Mr. Kalwin L. Kephas, Secretary, FSM Department of Education, requesting for summer students (8th graders) and staff from certain schools in Sokehs Municipality to visit Congress on June 29, 2018 for educational purposes.

-No.

20-53 - (dated and received 06/27/18) – From Mrs. Sihna N. Lawrence, Secretary, FSM Department of Finance & Administration, submitting comments on the impact of proposed changes to customs duties for used vehicles, relating to C.B.
No.

20-137.

-49- June 28, 2018 CONGRESSIONAL JOURNAL –DAY FOUR – 4SS – 20CFSM -No.

20-54 - (dated and received 06/27/18) – From Mrs. Sihna N. Lawrence, Secretary, FSM Department of Finance & Administration, submitting comments on the impact of proposed changes to laws to allow for FSM Trust fund deposits, relating to C.B.

No.

20-198.
No.

20-198.

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 None SPECIAL COMMITTEE REPORTS None ASSIGNMENT OF MEASURES AND COMMUNICATIONS The Chief Clerk called attention to Referral Sheet No.

20-68.
20-68.

TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH SPECIAL SESSION JUNE 25, 2018 TO JULY 04, 2018 COMMITTEE REFERRAL REFERRAL SHEET NO.

20-68, DAY 04, Thursday, 06/28/208, AT 10:00 A.M. C.B.

NO.

20-209 SUBJECT To repeal in their entirety Public Laws Nos.

20-13 and 20-20 pertaining to the assets and liabilities of the Open Access Entity, and to reinstate COMMITTEE T&C -50- June 28, 2018 CONGRESSIONAL JOURNAL –DAY FOUR – 4SS – 20CFSM 20-210 Presidential Comm.

No.

20-254 State Comm.


No.

20-23 Foreign Gov’t Comm.

No.

20-46 the previous language of sections 203 and 389 of title 21 of the Code of the Federated States of Micronesia (Annotated), as amended, and for other purposes.
To appropriate the sum of $4,900,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, for the purpose of funding public projects and social programs for the people of Yap, Kosrae, Pohnpei and Chuuk States, and for other purposes.

W&M SUBJECT COMMITTEE (Dated 06/25/18 & received 06/26/18)- Transmitted a nomination of Mr. Jesse Giltamag to continue serving as a member of the MiCare Board representing the National Government.
H&SA SUBJECT (Dated 06/22/18 & received 06/26/18)- From Mr. Andy J Andrew, Chief Clerk, Kosrae State Legislature, transmitted a certified copy of L.R.

No.
No.

11-308, which was adopted during the 11th Kosrae State Legislature, 18th Special Session, 2018: “Requesting ginancial assistance from the Kosrae Delegation of the Twentieth Congress of the Federated States of Micronesia, particularly the two Congressmen from Kosrae, to fund all small grants, programs and activities de- funded under JEMCO Resolution 2017-2 for fiscal year 2019 and beyond.” COMMITTEE W&M/INFO.

SUBJECT COMMITTEE INFO (Dated 06/22/18 & received 06/26/18)- From Hon.
Margareta Cederfelt, MP (Sweden), President, Parliamentarians for Global Action (PGA), and Vice President, OSCE Parliamentary Assembly (Parliamentary Assembly of the Organization for Security and Cooperation in Europe; and Hon.
Hryhoriy Nemyria, MP, (Ukraine), Chair, Organizing Committee of the CAP-ICC Chair, Committee on Human Rights, National Minorities and Interethnic Relations, inviting Speaker to the 10th Consultative Assembly of Parliamentarians for the International Criminal Court and the Rule of Law (CAP-ICC) and 40th Annual Forum of PGA, 16-17 November 2018, Kyiv, at the Parliament of Ukraine.

C.B.

No.

20-199 (2nd Reading): UNFINISHED BUSINESS None BILL CALENDAR To amend sections 1 and 9 of Public Law No.
20-42, as amended by Public Laws Nos.

20-54, 20-64 and 20-67 and 20-83, in order to appropriate $10,000,000 of additional funds from the General Fund of the Federated States for the fiscal year ending September 30, 2018, and for other purposes.

-51- June 28, 2018 CONGRESSIONAL JOURNAL –DAY FOUR – 4SS – 20CFSM Speaker Simina: Short recess.

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

The Congress reconvened at 10:31 a.m.


RECESS Speaker Simina: Congress comes back to session.

We are on C.B.

No.

20-199.

Chairman Figir.

Chairman Figir: Thank you, Mr. Speaker.

I reluctantly move to defer action on the said bill, C.B.

No.

20-199, to tomorrow’s Calendar.

Senator Neth: Second.

Speaker Simina: It has been moved and seconded that Congress defer action on C.B.

No.

20-199 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.

20-199, is deferred to tomorrow’s Calendar.

Next bill.

Chief Clerk: There are none, Mr. Speaker.

Chairman Welly: Mr. Speaker.

Speaker Simina: Chairman Welly.

Chairman Welly: Thank you, Mr. Speaker.

After consulting with the Chairman on Ways and Means, I move to withdraw and place C.B.

No.

20-210 on today’s calendar for action.

Senator Konman: Second.

Speaker Simina: It has been moved and seconded that C.B.

No.
No.

20-210 be withdrawn and placed on the Bill Calendar for action for First Reading action.

All those in favor of the motion say ‘aye’ – opposed say ‘nay’.

The motion is carried.

The bill, C.B.

No.

20-210, is withdrawn and placed on the Bill Calendar for action.

Are there any rules to suspend, Acting Floor Leader Urusemal?

Acting Floor Leader Urusemal: Thank you very much, Mr. Speaker.

I move to suspend any relevant sections and paragraphs of our rules that may impede our action on the bill (C.B.
No.

20-210).

Chairman Welly: Second.

Speaker Simina: It has been moved and seconded that the relevant rules that might impede our action on the said bill, C.B.

No.

20-210, 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 Perman: Short recess.

Speaker Simina declared the Congress recessed at 10:33 a.m., subject to the call of the Chair.
RECESS -52- June 28, 2018 CONGRESSIONAL JOURNAL –DAY FOUR – 4SS – 20CFSM The Congress reconvened at 10:36 a.m. Speaker Simina: Congress comes back to session.

Chairman Welly, you have the floor.

Chairman Welly: Thank you, Mr. Speaker.

I move to withdraw my motion to place C.B.

No.

20-210 on today’s Calendar for action.

Chairman Figir: Second.

Speaker Simina: If there is no objection, the motion is withdrawn.

The bill, C.B.

No.

20-210, is no longer on the Bill Calendar.

Next bill.
Next bill.

Chairman Perman: Point of privilege, Mr. Speaker.

Speaker Simina: State your point.

Chairman Perman: Thank you, Mr. Speaker.

Good morning to you, Vice Speaker, Acting Floor Leader, and Members and to all who are observing our session this morning.
Mr. Speaker, I rise on a point of privilege to introduce the following people: the former Chief Minister of U, Mr. Welsin Helgenburger (applause), Donna Pretrick from Ramp and Mida Law Firm (applause), Kilemente Wesel from Sokehs Police (applause), Arren Harry from Sokehs Police (applause), and last but not the least, Mariano Martin, Chief of Police from Sokehs Municipal Government (applause).

Thank you.

Speaker Simina: Thank you, Chairman Perman.


The Congress joins you in welcoming our citizens who have interest in observing our session this morning.

Are there any other points of privilege?

If none, next item.

RESOLUTION CALENDAR None INTRODUCTION OF BILLS None INTRODUCTION OF RESOLUTIONS C.R.

No.
No.

20-108: Introduced by: Senator Figir Assigned to: None Date introduced: June 28, 2018 Expressing the sincere gratitude and appreciation to Mr. Jesse Stutt for his dedicated service as staff attorney to the Congress of the Federated States of Micronesia.

-53- June 28, 2018 CONGRESSIONAL JOURNAL –DAY FOUR – 4SS – 20CFSM C.R.

No.
No.

20-109: Introduced by: Floor Leader Harper (By request) Assigned to: H&SA Date introduced: June 28, 2018 To confirm the nomination of Mr. Jesse Giltamag to serve as a member of the MiCare Board of Directors, representing the National Government.

MISCELLANEOUS COMMUNICATIONS None MISCELLANEOUS BUSINESS Speaker Simina: Do you have any miscellaneous business?

Chairman Urusemal: Mr. Speaker.

Speaker Simina: Chairman Urusemal.

Chairman Urusemal: Thank you very much, Mr. Speaker.
I wish to use this opportunity to express and convey belated greetings from the great people of the state of Yap and to inform this body that Yap is working very hard to get prepared and make the preparations for Micro Games which will convene on July 15, 2018 for twelve days, and that we are very hopeful that Yap will be ready to do a good job for hosting the games.

Thank you.

Speaker Simina: Thank you, Chairman Urusemal.


Indeed, as a nation, we are grateful to our state of Yap for putting in so much in preparing for Micro Games.

We still have some outstanding on our part.

We need to appropriate some money.

I think there is a request for it to provide some security arrangements in Yap.

I hope that will be supported by Members as well.

Are there any miscellaneous businesses?

If none, let’s go to Announcements.

Speaker Simina: Chairman Welly.


ANNOUNCEMENTS Chairman Welly: Thank you, Mr. Speaker.

I have no announcement from your Committee on External Affairs.

Speaker Simina: Chairman Figir.

Chairman Figir: No announcements from your Committee on Ways and Means.

Thank you.

Speaker Simina: Chairman Alik.

Chairman Figir: Mr. Speaker.

Speaker Simina: Yes?

Chairman Figir: Can we meet immediately after this session in the Members’ Lounge?
-54- June 28, 2018 CONGRESSIONAL JOURNAL –DAY FOUR – 4SS – 20CFSM Speaker Simina: Consider it done.

We will meet right after this session in the Members’ Lounge.

Chairman Alik.

Chairman Alik: Thank you, Mr. Speaker.

Your Committee on Environment will have an oversight hearing and budget at 3:00 p.m., today.

Speaker Simina: Take note, members of the Committee.

Chairman Perman.

Chairman Perman: Thank you, Mr. Speaker.


Your Committee on Health and Social Affairs has an oversight hearing for Giltamag is no longer on Tuesday at 8:30 a.m., but it moved to 12:00 o’clock, noon.

Thank you.

Speaker Simina: Thank you, Chairman Perman.

Take note, members of H&SA Committee.

Chairman Romolow.

Chairman Panuelo.

Chairman Gouland.

Chairman Gouland: Thank you, Mr. Speaker.

I just want to remind members of T&C to please look at the TV monitor for our oversight meeting.
To verify the date, please look at the TV screen.

Thank you.

Speaker Simina: Thank you, Chairman Gouland.

Take note, members of T&C Committee.

Chairman Urusemal.

Chairman Urusemal: Thank you, Mr. Speaker.

Your Committee on Education is taking a break to mentally prepare for Micro Games.

Speaker Simina: That is a wise thing to do.

Thank you, Chairman Urusemal for that wise advice.

Vice Speaker Moses.

Acting Chairman Neth.

Senator Neth: Thank you, Mr. Speaker.


Your Committee on J&GO will have its public hearing on its FY’18 Budget tomorrow at 2:30 p.m., Supreme Court.

Speaker Simina: Take note, members of J&GO Committee.

Supreme budget hearing is tomorrow.

Senator Aritos.

Chairman Aritos: Thank you, Mr. Speaker.

No announcements.

Senator Konman.

Senator Konman: No announcements, Mr. Speaker.

Thank you.
Thank you.

Speaker Simina: You have heard it from the Chairman of Ways and Means that we get together immediately after session today.

Please be there.

I think there is are lot of things to be discussed.

Anything else before I give it to the Acting Floor Leader?

If none, Acting Floor Leader Urusemal.

Acting Floor Leader Urusemal: Thank you, Mr. Speaker.

I move that Congress stand in recess until tomorrow at 10:00 a.m., in the morning.

Chairman Perman: Second.


-55- June 28, 2018 CONGRESSIONAL JOURNAL –DAY FOUR – 4SS – 20CFSM 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.
The Congress stands in recess until tomorrow at 10:00 a.m. Speaker Simina declared that the Congress stand in recess at 10:44 a.m., Thursday, June 28, 2018, until tomorrow, Friday, June 29, 2018, at 10:00 a.m. Respectfully submitted, Liwiana Ramon Ioanis Chief Clerk -56- CONGRESSIONAL JOURNAL TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH SPECIAL SESSION DAY FIVE The Fifth Day of the Fourth Special Session of the Twentieth Congress of the Federated States of Micronesia was called to order at 10:34 a.m., Friday, June 29, 2018.
Friday, June 29, 2018 Speaker Wesley W. Simina presided.

A moment of silent prayer was observed.

The Chief Clerk called the roll.

Eleven Members were present; Chairman Romolow was absent; Senator Aritos and Chairman Panuelo 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.


20-255 - (dated and received 06/28/18) – Transmitting a foreign financial assistance in the amount of $673,037 from the United Nation Children’s Fund (UNICEF) given to the FSM Government to fund and support the implementation of the ongoing work towards the FSM-UNICF Programme of Cooperation 2018-20122 and the 2018-2019 work plan.

-No.
-No.

20-256 - (dated 06/27/18 and received 06/28/18) – Transmitting a resolution approving and accepting a grant in the amount of $250,000 from the U.S. Department of Health and Human Services Administration for Children and Families to fund and support the Personal Responsibility Education Program in the FSM.

-No.

20-257 - (dated and received 06/28/18) – Returning Congressional Act No.

20-86, which Congress re-passed, as Public Law No.

20-91.

-No.
20-91.

-No.

20-258 - (dated and received 06/28/18) – Returning Congressional Act No.

20-90, which Congress re-passed, as Public Law No.

20-92.

-No.

20-259 - (dated and received 06/28/18) – Returning Congressional Act No.

20-83, which Congress re-passed, as Public Law No.

20-93.

Speaker Simina: Assign those Communications, Chief Clerk.

Next item.
Next item.

FSM SUPREME COURT COMMUNICATIONS None -57- JUNE 29, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4SS – 20CFSM MEMBER COMMUNICATIONS None 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.

20-32.
20-32.

TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH SPECIAL SESSION JUNE 25, 2018 TO JULY 04, 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.

20-32, 5TH DAY, FRIDAY, JUNE 29, 2018, AT 10:00 A.M. REPORTS SCR No.

20-67 SUBJECT RE: C.B.

No.


20-137, “A bill for an act to amend section 221 of title 54 of the Code of the Federated States of Micronesia (Annotated), as amended, to increase the import duties levied on used vehicles, and for other purposes.” – Submitted by: W&M Committee.

DATE AND TIME 6/29/18 @ 10:00 a.m. -58- JUNE 29, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4SS – 20CFSM Speaker Simina: There is a report on the Awaiting List.

Next item.
Next item.

SPECIAL COMMITTEE REPORTS None ASSIGNMENT OF MEASURES AND COMMUNICATIONS The Chief Clerk called attention to Referral Sheet No.

20-69.

TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH SPECIAL SESSION JUNE 25, 2018 TO JULY 04, 2018 COMMITTEE REFERRAL REFERRAL SHEET NO.20-69, DAY 05, FRIDAY, 06/29/18, AT 10:00 A.M. C.R.

NO.

20-108 Departmental Comm.

No.


20-51 20-52 20-53 20-54 SUBJECT Expressing the sincere gratitude and appreciation to Mr. Jesse Stutt for his dedicated service as staff attorney to the Congress of Federated States of Micronesia COMMITTEE NONE SUBJECT COMMITTEE (Dated 06/26/18 & received 06/27/18)- From Mr. Attorney General Joses R. Gallen, Sr., Secretary of Justice, responding to comments on the floor by Floor Leader Harper on June 25, 2018 regarding the process and status of contracts.
(Dated & received 06/27/18)- From Mr. Kalwin L. Kephas, Secretary , FSM Department of Education, requesting for summer students (8th Graders) and staff from certain schools in Sokehs Municipality to visit Congress on June 29, 2018 for educationl purposes.

(Dated & received 06/27/18)- From Mrs. Sihna N. Lawrance, Finance & Administration, submitting comments on the impact of proposed changes to customs duties for use vehicles, relating to C.B.

No.

20-137.
No.

20-137.

(Dated & received 06/27/18)- From Mrs. Sihna N. Lawrence, Secretary, FSM Department of Finance & Administration, submitting comments on impact of propose changes to laws to allow for FSM Trust fund deposits, relating to C.B.

No.

20-198.

FSM Department of INFO.

INFO.

W&M/INFO.

W&M/INFO.

Speaker Simina: Chairmen and members, review the Referral Sheet for your planning purposes.

Next item.
Next item.

-59- JUNE 29, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4SS – 20CFSM UNFINISHED BUSINESS None BILL CALENDAR C.B.

No.

20-199 (2nd Reading): To amend sections 1 and 9 of Public Law No.

20-42, as amended by Public Laws Nos.

20-54, 20-64 and 20-67 and 20-83, in order to appropriate $10,000,000 of additional funds from the General Fund of the Federated States for the fiscal year ending September 30, 2018, and for other purposes.

Deferred on 06/28/18 to today.

Speaker Simina: Chairman Figir.


Chairman Figir: Thank you, Mr. Speaker.

I move that Congress pass the said bill (C.B.

No.

20-199) on Second and Final reading.

Chairman Welly: Second.

Speaker Simina: It has been moved and seconded that Congress pass C.B.

No.

20-199 on Second and Final Reading.

Discussions?

Chairman Figir.

Chairman Figir: Mr. Speaker, I have a floor amendment that I wish to offer.

It is written and distributed.


The proposed floor amendment is based on the decision the Committee made yesterday to adjust the budget so that we can operate and pass the budget within the ceiling, revenue available to the nation.

Instead of reading it, may I ask that we insert the proposed amendment into the bill?

Is so move.

Floor Amendment to C.B.

No.

20-199 Offered by Isaac V. Figir C.B.

No.

20-199 is hereby amended to read as follows: 1.

2.

3.

4.
2.

3.

4.

Page 1, title, line 1, delete “1 and 9” and insert “1, 2, 3 and 9” in lieu thereof.

Page 1, title, line 3, delete “$10,000,000” and insert “$9,869,296” in lieu thereof.

Page 1, title, line 4, after the word “2018,” insert the following: “and to change the intended use of certain line items,”.

Page 1, line 2, delete “Public Law No.

20-54” and insert “Public Laws Nos.

20-54, 20-67 and 20-83” in lieu thereof.

Page 1, line 5, delete “$93,534,726” and insert “$93,404,022” in lieu thereof.
Page 1, before line 18, insert the following: 5.

6.

“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 $20,324,410 $21,323,706 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 apportioned as follows: -60- JUNE 29, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4SS – 20CFSM (1) Office of the President.

The sum of $1,488,010 $1,802,110 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 ..................................$ Travel .....................................
Contractual Services........................ OCE ........................................

Fixed Assets ............................... 565,010 471,600 610,000 150,000 5,500 297,500 510,000 110,000 (2) Department of Foreign Affairs.

The sum of $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 ................................. Travel ....................................

Contractual Services....................... OCE ........................................

Fixed Assets ............................... 1,558,196 337,508 298,672 121,006 2,561,652 $ (3) Department of Finance and Administration.
The sum of $2,664,698 $2,777,860, 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 .................................$ Travel .....................................

Contractual Services........................ OCE ........................................
Fixed Assets ............................... 1,895,775 356,063 293,966 232,056 -0- 262,901 273,966 (4) Department of Resources and Development.

The sum of $1,387,092, or so much thereof as may be necessary, for the operations of the Department of Resources and Development during the fiscal year 2018.
The sum appropriated herein shall be apportioned as follows: Personnel .....................................................................................................$ Travel ..................................... .......................................................................
Contractual Services........................ ............................................................... OCE ........................................... ....................................................................

Fixed Assets ............................... ................................................................... 839,566 253,136 91,250 192,640 10,500 (5) Department of Transportation, Communications and Infrastructure.
The sum of $2,624,612 $2,985,721, 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 .................................. ............................................................... $ Travel ..................................... ..................................................... 192,281 Contractual Services, of which at least $200,000 shall be used for PMU Operations............................ ..................................................... 1,818,579 OCE ........................................ ...................................................................
Fixed Assets ............................... ............................................................... 2,091,679 68,245 19,645 525,862 280,290 -61- JUNE 29, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4SS – 20CFSM (6) Department of Health and Social Affairs.

The sum of $782,674, or so much thereof as may be necessary, for the operations of the Department of Health and Social Affairs during the fiscal year 2018.
The sum appropriated herein shall be apportioned as follows: Personnel ..................................$ ............................................................. Travel ..................................... .................................................................

Contractual Services........................ ......................................................... OCE ........................................ .................................................................
Fixed Assets ............................... ............................................................. 427,691 130,215 108,617 90,151 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 .................................. ............................................................... $ Travel ..................................... ..................................................................

Contractual Services........................ .......................................................... OCE ........................................ ....................................................................
Fixed Assets ............................... ............................................................... 452,166 181,500 151,023 56,217 5,400 (8) Department of Justice.

The sum of $3,988,962 $4,050,962, 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 .................................... ................................................................. 254,212 316,212 525,458 Contractual Services....................... ......................................................... 368,443 OCE ........................................................................................................ 101,800 Fixed Assets .............................. ............................................................. .. (9) Office of the Public Defender.
The sum of $1,056,583 $1,071,583, 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: 712,321 Personnel .................................. ............................................................... $ Travel ..................................... ................................................................... 116,312 131,312 101,050 Contractual Services........................ ........................................................... 86,900 OCE ........................................ ................................................................... 40,000 Fixed Assets ............................... ............................................................... (10) Department of Environment, Climate Change and Emergency Management.
The sum of $412,621 $546,546, 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 .................................. .................................... $ 184,855 294,180 Travel ..................................... ...................................................................
Contractual Services........................ ........................................................... OCE ........................................ ...................................................................

Fixed Assets ............................... ............................................................... 111,546 84,000 32,220 -0- 24,600 -62- JUNE 29, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4SS – 20CFSM (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 .................................. ................................................................ $ Travel ..................................... ...................................................................
Contractual Services........................ ........................................................... OCE ........................................ ...................................................................

Fixed Assets ............................... ...............................................................

Section 3.

Section 3 of Public Law No.

20-42, as amended by Public Laws Nos.


123,701 34,503 10,425 19,892 7,297 20-67 and 20-83, is hereby further amended to read as follows: Section 3.

Operating Expenses of the Legislative Branch.

The sum of $6,255,285 $6,575,285, or so much thereof as may be necessary, is hereby appropriated from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, for the operations of the Legislative Branch of the National Government during fiscal year 2018.
The sum appropriated by this section shall be apportioned as follows: (1) Speaker and Members.

The sum of $3,064,498 $3,244,498, or so much thereof as may be necessary, for the operations of the Office of the Speaker and Members of the Congress of the Federated States of Micronesia during fiscal year 2018.
The sum appropriated herein shall be apportioned as follows: Personnel .................................. ............................................................... $ Travel ................................... 943,368 .......................................................

Contractual Services, of which up to $10,000 may be used to pay for outstanding prior year obligations............................. 1,690,600 ….
..................................................................................................1,730,600 OCE ........................................ ...................................................................

Fixed Assets ............................... ............................................................... 430,530 1,083,368 -0- -0- (2) Staff Offices.
The sum of $2,210,787, or so much thereof as may be necessary, for the operations of the Congress staff offices during fiscal year 2018.

The sum appropriated herein shall be apportioned as follows: Personnel .................................. ............................................................... $ Travel...................................... ...................................................................
Contractual Services........................ ........................................................... OCE............................................................................................................

Fixed Assets................................ ............................................................... 964,757 260,000 555,030 281,000 150,000 (3) Congress Delegation Offices.
The sum of $980,000 $1,120,000, or so much thereof as may be necessary, for the operations of the Congress delegation offices during the fiscal year 2018.

Of the amounts appropriated for contractual services within each Delegation Office, up to a maximum of $60,000 70,000 per Member, at the Delegation Offices’ discretion, may be used for Member Representation.
The sum appropriated is apportioned as follows: (a) Kosrae Delegation Office Travel ........................................................................ $ 10,000 Contractual Services ...................................................... 110,000 130,000 20,000 OCE ..............................................................................
Fixed Assets .................................................................. -0- TOTAL ......................................................................... 140,000 160,000 (b) Pohnpei Delegation Office Travel ........................................................................ $ 10,000 Contractual Services ...................................................... 240,000 280,000 -63- JUNE 29, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4SS – 20CFSM 30,000 OCE ..............................................................................
Fixed Assets .................................................................. -0- TOTAL ......................................................................... 280,000 320,000 (c) Chuuk Delegation Office 10,000 Travel ........................................................................ $ Contractual Services ...................................................... 370,000 430,000 30,000 OCE ..............................................................................
Fixed Assets .................................................................. 10,000 TOTAL ......................................................................... 420,000 480,000 (d) Yap Delegation Office 30,000 Travel .......................................................................... 80,000 100,000 Contractual Services ...................................................... 25,000 OCE ..............................................................................
Fixed Assets .................................................................. 5,000 TOTAL ......................................................................... 140,000 160,000” 7.

8.

9.

Page 1, line 18, delete “Section 2” and insert “Section 4” in lieu thereof.

Page 2, line 3, delete “48,400,179” and insert “46,950,179” in lieu thereof.
Page 5, line 20, delete: “(l) Dry-Docking of Vessel (H1) 1,200,000”, and insert: “(l) Dry- Docking of Vessels (H1 and Chief Mailo.................2,500,000” in lieu thereof.

10.

Page 6, after line 2, insert the following: “(p) Fuel for Caroline Voyager and Navigator........................ 50,000” 11.
Page 6, after line 11, insert the following: “(f) Security arrangements and services for the Micro Games, of which $50,000 shall be used for the delegation from the State of Chuuk............................. 200,000” 12.

Page 6, lines 16 and 17, delete: “Hosting of Global Environment Facil.

Constituency Meetings”and insert:“Green Climate Fund Regional Dialogue” in lieu thereof.

13.

Page 7, line 2, delete “15,000,000” and insert “12,000,000” in lieu thereof.

14.
14.

Page 11, line 1, delete “Section 3” and insert “Section 5” in lieu thereof.

Date: June 29, 2018 Introduced by: /s/ Isaac V. Figir Isaac V. Figir Purpose of amendments: To reduce the new appropriation for the FSM Trust Fund (from $10 million to $7 million), to appropriate $2,869,296 in additional funds, to expand the use of one-line item, and to make a technical correction to the name of one line item.
New appropriations in this amendment include: • Operations: Office of the President: $314,100 • Operations: Dept.

of Finance & Admin: $113,162 • Operations: Dept.

of TC&I: $361,109 (of which $200,100 is intended for PMU Operations and of which $60,000 is intended to be used to pay contractual employees on Caroline Voyager and Navigator vessels) • Operations: Dept.

of Justice: $62,000 • Operations: Office of the Public Defender: $15,000 • Operations: Dept.
of CC&EM: $133,925 • Operations: Speaker & Members: Travel: $140,000 • Operations: Speaker & Members: Committee Representation: $40,000 • Operations: Delegation Offices: Delegation Representation: $140,000 • Dry-docking of Vessel (Chief Mailo): $1,300,000 • Fuel for Caroline Voyager and Navigator: $50,000 -64- JUNE 29, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4SS – 20CFSM • Security arrangements and services for Micro Games (Dept.

of Justice): $200,000 Vice Speaker Moses: Second.


Speaker Simina: It has been moved and seconded that the offered floor amendment by Chairman Figir to C.B.

No.

20-199 be adopted.

Because of its length, we will dispense with its reading.

Floor Leader Harper, motion for suspension of rules.

Floor Leader Harper: Thank you, Mr. Speaker.

I move to suspend any rule that may impede our action on the amendment.

Vice Speaker Moses: Second.


Speaker Simina: It has been moved and seconded that any relevant rules that might impede our action, 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.

Short recess.

Speaker Simina declared the Congress recessed at 10:41 a.m., subject to the call of the Chair.

The Congress reconvened at 10:44 a.m.


RECESS Speaker Simina: Congress comes back to session.

We are still on discussion of the offered floor amendment by Chairman Figir.

Chairman Figir: Mr. Speaker.

Speaker Simina: Yes?

Chairman Figir: Thank you, Mr. Speaker.

I have an oral amendment that I wish to offer to the proposed written amendment.

Speaker Simina: Proceed.

Chairman Figir: On page 7, line 3, delete “$10,000”, and insert “$20,000” in lieu thereof.

I so move.

Chairman Urusemal: Second.


Speaker Simina: It has been moved and seconded that the oral amendment to the floor amendment offered by Chairman Figir be adopted.

Discussion?

Floor Leader Harper: Mr. Speaker.

Speaker Simina: Yes?

Floor Leader Harper: Out of curiosity, why is the figure double?

-65- JUNE 29, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4SS – 20CFSM Speaker Simina: That is to authorize, in case we need to pay up some of the old obligations.
It has nothing to do with changing the entire figure.

It is just an authorization.

Are there any further discussions?

Chairman Perman: Mr. Speaker.

Speaker Simina: Chairman Perman.

Chairman Perman: Thank you, Mr. Speaker.

Good morning to you, Vice Speaker, Floor Leader, and to all who are observing our session this morning.

Mr. Speaker, I just have one.

Speaker Simina: Can we take care of this one first and then we come to yours?

Chairman Perman: Yes.


Speaker Simina: If there is no further discussion on the offered oral amendment by Chairman Figir, let’s vote.

All those in favor of the adoption of the offered oral amendment say ‘aye’ – opposed say ‘nay’.

The motion is carried.

The offered oral amendment by Chairman Figir is adopted.

We are still on the discussion of the floor amendment offered to C.B.

No.

20-199 as amended.

Chairman Perman.

Chairman Perman: Thank you, Mr. Speaker.


I am looking at the last page, page 10, under TC&I and I saw “$200,000” and “$60,000”.

I believe the Committee to Wait on the President – they were asking for $75,000 to establish that office.

I don’t see it.

Was that taken out?

Speaker Simina: Short recess.

Speaker Simina declared the Congress recessed at 10:46 a.m., subject to the call of the Chair.

The Congress reconvened at 10:57 a.m.

RECESS Speaker Simina: Congress comes back to session.
We are still on discussion of the floor amendment to C.B.

No.

20-199 as amended.

Chairman Figir.

Chairman Figir: Thank you, Mr. Speaker.

I have another oral amendment that I wish to offer to the floor amendment.

Speaker Simina: Proceed.

Chairman Figir: On page 3, under “Department of Transportation, Communications, and Infrastructure”, at the bottom line, where it says, “$200,000 shall be used for PMU Operations”, add the following: “and $75,000 of which is for regulatory authority”.

I so move.
I so move.

Chairman Perman: Second.

Speaker Simina: It has been moved and seconded that the offered oral amendment by Chairman Figir to the floor amendment be adopted.

The relevant rules are still suspended up to this point.

Discussion of the offered oral amendment?

I think the official name is, “Telecommunications Regulatory Authority”.

Any further discussion?

If none, let’s vote on the offered oral amendment.


All those in favor of the motion -66- JUNE 29, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4SS – 20CFSM say ‘aye’ – opposed say ‘nay’.

The motion is carried.

The oral amendment to the floor amendment is adopted.

We are, now, on discussion of the floor amendment to C.B.

No.

20-199 as further amended.

Chairman Figir: Question.

Speaker Simina: Question has been called for.

If there is no objection, debate is closed.

Lets’ vote on the floor amendment.


All those in favor of the floor amendment to C.B.

No.

20-199 offered by Chairman Figir as amended twice say ‘aye’ – opposed say ‘nay’.

The motion is carried.

The amendment is adopted.

We, now, have C.B.

No.

20-199, CD1.

Are there any further discussions to the bill (C.B.

No.

20- 199, CD1)?

Chairman Figir: I move for the previous question.

Floor Leader Harper: Short recess.


Speaker Simina declared the Congress recessed at 10:59 a.m., subject to the call of the Chair.

The Congress reconvened at 11:00 a.m.

RECESS Speaker Simina: Congress comes back to session.

We are still on discussion of the bill (C.B.

No.

20-199, CD1).

There was a 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 the bill, C.B.

No.

20-199, CD1, by roll call of delegations.


Chairman Gouland will cast the vote for Chuuk State and Chairman Perman will cast Pohnpei State’s vote.

Chief Clerk, roll call.

The Chief Clerk took the roll call by states.

State of Chuuk: Chairman Gouland State of Pohnpei: Chairman Perman State of Kosrae: Chairman Welly State of Yap: Chairman Urusemal Aye Aye Aye Aye Chief Clerk: Mr. Speaker, all the four States voted for.

Speaker Simina: With that, Congress has passed C.B.

No.
No.

20-199, CD1 on Second and Final Reading.

Next bill.

Chief Clerk: There are none, Mr. Speaker.

Speaker Simina: Short recess.

Speaker Simina declared the Congress recessed at 11:01 a.m., subject to the call of the Chair.

The Congress reconvened at 11:02 a.m.

RECESS Speaker Simina: Congress comes back to session.

We are still on the Bill Calendar.

-67- JUNE 29, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4SS – 20CFSM Chairman Perman: Mr. Speaker.

Speaker Simina: Chairman Perman.


Chairman Perman: Thank you, Mr. Speaker.

I have been given the task to withdraw and place C.B.

Nos.

20-211, 20-212, and 20-213 on the Bill Calendar for action.

I so move, Mr. Speaker.

Vice Speaker Moses: Second.

Speaker Simina: It has been moved and seconded that the following bills, C.B.

Nos.

20-211, 20- 212, and 20-213, 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 bills, C.B.

Nos.

20-211, 20- 212, and 20-213, are now withdrawn and placed on the Bill Calendar for action.

Short recess.

Speaker Simina declared the Congress recessed at 11:03 a.m., subject to the call of the Chair.

The Congress reconvened at 11:04 a.m.

RECESS Speaker Simina: Congress comes back to session.

Let the record reflect that the relevant rules that might impede our action are still suspended up to this point.

First bill.

C.B.

No.


20-211 (1st Reading): To amend section 209 of title 2 of the Code of the Federated States of Micronesia (Annotated), to update the salaries for the President and the Vice President of the FSM, and for other purposes.

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

Speaker Simina: State your point.

Floor Leader Harper: Thank you, Mr. Speaker.

Have we voted on those bills to be placed?

Speaker Simina: Yes, we have already done the withdrawal and placement.

Short recess.
Short recess.

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

The Congress reconvened at 11:10 a.m.

RECESS Speaker Simina: Congress comes back to session.

Chairman Perman.

Chairman Perman: I move to defer action on said bill , C.B.

No.

20-211.

Chairman Figir: Second.

Speaker Simina: It has been moved and seconded that we defer action on C.B.

No.

20-211.

All those in favor of the motion say ‘aye’ – opposed say ‘nay’.

The motion is carried.


The bill, C.B.

No.

20-211, has been deferred.

Next bill.

-68- JUNE 29, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4SS – 20CFSM C.B.

No.

20-212 (1st Reading): To further amend Public Law No.

20-60, as amended by Public Laws Nos.

20-65, 20-75 and 20-85 by amended section 6 thereof, to change the allottee of funds previously appropriated therein, to fund public projects and social programs in the state of Yap, and for other purposes.

Speaker Simina: Chairman Figir.


Chairman Figir: I move for the passage of the bill, C.B.

No.

20-212.

Chairman Perman: Second.

Speaker Simina: It has been moved and seconded that Congress pass C.B.

No.

20-212 on First Reading.

Discussion?

If none, debate is closed.

Let’s vote on the passage of the bill (C.B.

No.

20-212) on First Reading by roll call of Members.

Chief Clerk.

The Chief Clerk took the roll call by Members.


Senator Alik Senator Aritos Senator Figir Senator Gouland Floor Leader Harper Senator Konman Vice Speaker Moses Senator Neth Senator Panuelo Senator Perman Senator Romolow Senator Urusemal Senator Welly Speaker Simina Aye Excused Aye Aye Aye Aye Aye Aye Excused Aye Absent Aye Aye Aye Chief Clerk: Mr. Speaker, eleven Members voted for.

Speaker Simina: For that reason, C.B.

No.

20-212 has been passed by Congress on First Reading.

Next bill.

C.B.

No.


20-213 (1st Reading): To appropriate the sum of $2,800,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, for the purpose of funding public projects and social programs for the people of Yap, Kosrae, Pohnpei and Chuuk States, and for other purposes.

Speaker Simina: Chairman Figir.

Chairman Figir: I move that Congress pass C.B.

No.

20-213 on First Reading.

Chairman Perman: Second.


-69- JUNE 29, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4SS – 20CFSM Speaker Simina: It has been moved and seconded that Congress pass C.B.

No.

20-213 on First Reading.

Discussion?

Short recess.

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

The Congress reconvened at 11:14 a.m.

RECESS Speaker Simina: Congress comes back to session.

We are still on discussion of C.B.

No.

20-213.


Floor Leader Harper: Mr. Speaker.

Speaker Simina: Yes, Floor Leader Harper.

Floor Leader Harper: Thank you, Mr. Speaker.

I just want to state for the record that I do support this bill, however, I am kind of hesitant also as my PCDs are still being held at the Budget Office.

So, I don’t see any need to rush for another public project when I haven’t received those there.

Thank you.

Chairman Figir: Thank you, Floor Leader.

I am with you.
I am with you.

Speaker Simina: Are there any further discussion?

Chairman Perman: Question.

Speaker Simina: Question has been called for.

If there is no objection, debate is closed.

Let’s vote by roll call of Members.

Chief Clerk.

The Chief Clerk took the roll call by Members.


Senator Alik Senator Aritos Senator Figir Senator Gouland Floor Leader Harper Senator Konman Vice Speaker Moses Senator Neth Senator Panuelo Senator Perman Senator Romolow Senator Urusemal Senator Welly Speaker Simina Aye Excused Nay Aye Aye Aye Aye Aye Excused Aye Absent Aye Aye Aye Chief Clerk: Mr. Speaker, ten Members voted for.

Speaker Simina: For that reason, C.B.

No.

20-213 has been passed by Congress on First Reading.

Next bill.
Next bill.

-70- JUNE 29, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4SS – 20CFSM Chief Clerk: There are none, Mr. Speaker.

Speaker Simina: Short recess.

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

The Congress reconvened at 11:19 a.m.

RECESS Speaker Simina: Congress comes back to session.

If no further bill for action, next item.

RESOLUTION CALENDAR None Chairman Figir: Mr. Speaker.

Speaker Simina: Chairman Figir.


Chairman Figir: I have a resolution that I wish to withdraw and place on the Resolution Calendar for action.

Speaker Simina: Proceed.

Chairman Figir: Short recess.

Speaker Simina declared the Congress recessed at 11:20 a.m., subject to the call of the Chair.

RECESS The Congress reconvened at 11:20 a.m. Speaker Simina: Congress comes back to session.

Chairman Figir.

Chairman Figir: Thank you, Mr. Speaker.

I move to withdraw and place C.R.

No.


20-108 on the Resolution Calendar for action.

Chairman Perman: Second.

Speaker Simina: It has been moved and seconded that C.R.

No.

20-108 be placed on the Resolution Calendar for action.

Let the record reflect that the relevant rules are still suspended up to this point.

All those in favor of the motion say ‘aye’ – opposed say ‘nay’.

The motion is carried.

The resolution, C.R.

No.

20-108, is placed on the Resolution Calendar for action.

Chairman Figir.
Chairman Figir.

Chairman Figir: I move for the adoption of C.R.

No.

20-108.

Chairman Perman: Second.

-71- JUNE 29, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4SS – 20CFSM Speaker Simina: It has been moved and seconded that Congress adopt C.R.

No.

20-108.

Discussions?

Floor Leader Harper: Mr. Speaker, can we just ask the Chief Clerk to read the title of the resolution, C.R.

No.

20-108?

Speaker Simina: Chief Clerk.

The Chief Clerk read the title of the resolution (C.R.

No.

20-108): C.R.

No.


20-108: Expressing the sincere gratitude and appreciation to Mr. Jesse Stutt for his dedicated service as staff attorney to the Congress of the Federated States of Micronesia.

Speaker Simina: There you have it.

Floor Leader Harper: Mr. Speaker.

Speaker Simina: Floor Leader Harper.

Floor Leader Harper: I just want to say that I don’t support the resolution, because I don’t want him to leave us.

Thank you.

Speaker Simina: Thank you.

That is one way to look at it.


Chairman Figir: Mr. Speaker.

Speaker Simina: Chairman Figir.

Chairman Figir: Thank you, Mr. Speaker.

I think, somehow, I share the same feeling, but I guess this is the way we do things.

I am sad to see him leave.

It is not that I am sincere, gratitude and appreciation for him leaving.

It is my sadness that he is leaving us.

At the same time, I appreciate his service to this Congress, to the Committee and to this Nation as a whole.
I think he has contributed a lot of work with dedication.

Yes, I am sad to see him leave, but he must leave and go forward.

I wish him the best of luck in his endeavours where he is.

I am sure he will come back and visit us every now and then.

I am sure he is not going to forget about the good and bad times that we share together.

Jesse, farewell, so long.

Speaker Simina: Thank you very much, Chairman Figir.

Of course, Jesse still has his entire future ahead of him.
I can only add that I hope his experience with FSM Congress will help him in his future endeavours.

Thank you very much, Jesse, for your work with us.

Are there any further discussions?

Floor Leader Harper: Mr. Speaker.

Speaker Simina: Floor Leader Harper.

Floor Leader Harper: After talking to Jesse just for a few seconds, I now change my vote.

Speaker Simina: Thank you.

Are there any further discussions?


If none, before we vote, I notice some technical things that legal staff or staff should work on during engrossment.

All those in favor of the -72- JUNE 29, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4SS – 20CFSM adoption of C.R.

No.

20-108 say ‘aye’ – opposed say ‘nay’.

The motion is carried.

The resolution, C.R.

No.

20-108, is adopted by Congress.

Next resolution.

Chief Clerk: There are none, Mr. Speaker.


Speaker Simina: If there is no further resolution, next item.

INTRODUCTION OF BILLS C.B.

No.

20-211: Introduced by: Vice Speaker Moses Assigned to: J&GO Date introduced: June 29, 2018 To amend section 209 of title 2 of the Code of the Federated States of Micronesia (Annotated), to update the salaries for the President and the Vice President of the FSM, and for other purposes.

C.B.

No.
C.B.

No.

20-212: Introduced by: Senator Urusemal Assigned to: W&M Date introduced: June 29, 2018 To further amend Public Law No.

20-60, as amended by Public Laws Nos.

20-65, 20-75 and 20-85 by amending section 6 thereof, to change the allottee of funds previously appropriated therein, to fund public projects and social programs in the state of Yap, and for other purposes.

C.B.

No.
C.B.

No.

20-213: Introduced by: Senator Welly Assigned to: W&M Date introduced: June 29, 2018 To appropriate the sum of $2,800,000 from the General Fund of het Federated States of Micronesia for the fiscal year ending September 30, 2018, for the purpose of funding public projects and social programs for the people of Yap, Kosrae, Pohnpei and Chuuk States, and for other purposes.

INTRODUCTION OF RESOLUTIONS None MISCELLANEOUS COMMUNICATIONS None MISCELLANEOUS BUSINESS Chairman Perman: Mr. Speaker.
Speaker Simina: Chairman Perman.

-73- JUNE 29, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4SS – 20CFSM Chairman Perman: Thank you, Mr. Speaker.

Last night I was watching Aljazeera and I don’t know if some Members watch that news program.

It was a documentary on the pacific nuclear time bomb.

This is regarding the testing of atomic bomb in Eniwetok Atoll, especially the burial of the plutonium on the island of Ralik.

Because of the sea level rising, they are talking about that disaster is waiting to happen.
There are two things that came to my mind.

If you noticed, the volcano that happened in Hawaii, the Trade Wind came all the way to our side.

I am pretty sure during the 1946 to 1950s, we got that problem from those bomb, but I guess there was no scientific prove that we did.

Anyway, the problem for the sea level rising, the way they are saying that it will, cost – the way they built the tomb during those days was not strong enough to contain that waste.
Two things that came to my mind: (1) the islanders, if that thing starts to leak, (2) our social revenue, fish.

Imagine the world would say, “Don’t eat tuna from the Pacific Islands because there is plutonium in their ocean.

If I may ask the Speaker to task whichever proper committee to look into that problem and report back to Members, so we get more understanding of what that is.

This is my miscellaneous business for today.

Thank you.
Thank you.

Speaker Simina: Thank you, Chairman Perman for bringing up a very important issue to our region.

I believe we can, as the Congress, we can do our part, but I would assume that these things would have to be taken up by the Micronesia Presidential Summit, but we need to address it on our own.
For that reason, I task the Committee on Health and Social Affairs and the Special Committee on Climate Change and Environment to look into that, if any, Congress can do to help put this issue in the forefront of regional and international discussion.

Chairman Figir, you said that you would have a miscellaneous business.

Chairman Figir: Thank you, Mr. Speaker.

I have been debating whether I should make any comment.

Every time I speak my mind, people hate me.


But I am just sad that we passed the Supplemental Budget.

I consider it as another sad day for the FSM and the future of this Nation.

When we started this session, the World Bank reimbursed us and I wish that we, at least, put $10 million into the Trust Fund for the future of this Nation.

The people that we are trying to protect, our children and their children and the future generations.

However, we have come short of that.


As we all know, this government has to put at least $15 million a year in order to be able to sustain the operation of the government and keep our people wellbeing as if not today or yesterday.

I guess that is what it is.

That is why I voted against the public project.


Last session we appropriated money for public project, in small amount, and I have been consistent what I have been saying in the committee, although you all overruled me, “to wait until we get more money and fulfil what I think is our obligation to our citizens and the nation, in the future.

The GAO reports speak to that very clearly.

There is, now, a transition to that.

We are going to fall short when 2023 comes and effective on 2024.
That is what I am coming from.

It is not that I don’t like public projects, but I like to appropriate more money and bigger money for projects that would generates revenue and benefit to our citizens.

Yet, we are trying to increase salaries for officials, people who have already made more money and somebody mentioned about a state that the officials are making more than what the coordinative people are doing.
That, I volunteered to be a public servant, not that I want to make enrich myself, but I want to contribute and I have failed in my effort.

I just want to say that I have not done much as I would like to help.

I hope that, in the future, you will all agree that we need to protect the interest of the future generation of this Nation.

Thank you.

Speaker Simina: Thank you very much, Chairman Figir.
To the contrary, I would like to congratulate you and members for actually putting in so much, at least $7 million for now, into our Trust Fund.

I know it is despite or in spite of all the effort to reduce it even further.

With that, I think I should congratulate you, Chairman Figir, in your leadership and with all of our colleagues for coming to term with that obligation of ours to keep funding our Trust Fund.

We are only $3 million short.


I think that was the understanding that if there are future revenues coming in, we will put those into the Trust Fund.

For that, thank you.

Don’t be sad.

You are doing a wonderful job in growing our Trust Fund with Vice Speaker -74- JUNE 29, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4SS – 20CFSM Moses and those who signed the original bill on the $10 million appropriation into the Trust Fund.

Are there any other miscellaneous businesses?

Floor Leader Harper: Mr. Speaker.


Speaker Simina: Floor Leader Harper.

Floor Leader Harper: Thank you, Mr. Speaker.

I just want to express my little dismay in our deferring the bill, which increases the salary of the President and the Vice President.

I really want the salary for those two positions increase so that it can attract other Members of this Congress to move over there, especially my brother here (Senator Urusemal).
I want him to go over there and continue the missing four-year term in his presidency so that he could be qualified for the presidential allowance.

On the issue raised by Senator Perman, I look at it differently.

I think once the bomb leaks, we will have a negative impact on the bomb exploded there or whatever exploded there, I think the U.S. will give us more money in the future.

Thank you, Mr. Speaker.

Speaker Simina: Thank you, Floor Leader Harper.


I don’t know who would be attracted to go over there with this amount of money.

On the issue of this retroactive ways, I think there will be no money if there are no people.

Vice Speaker Moses: Mr. Speaker.

Speaker Simina: Vice Speaker Moses.

Vice Speaker Moses: Thank you, Mr. Speaker.

Good morning to you, Members and those observing.

I decided to introduce the bill to increase the President and Vice President’s salary mainly for several reasons.
Some of them are, even with the increase that was proposed, there would be still people working for the President that will make more than that salary.

My short time here in Congress, I have seen Congress appropriate at least $10 million a year for what we themed, “Priority Infrastructure Projects” and then we go on to do other public projects bills that we appropriate depending on the revenue projection provided by the Executive Branch.
However, for the past, so many years, the President’s salary has been frozen like the rest of us.

However, we have found ways to circumvent the rules and procedures that we have here at the National Government, which pertains to Personnel.

It creates a loophole within our legal structure to allow for other employees to get more than what the President and Vice President are getting.

And they are the leaders of this Government.


To see that happen, it is kind of condescending for me to see the President and Vice President get less than the people for them, when they are the Chief Executive Officers of this country.

So then I decided, because we’ve had numerous oversight hearings on the said issues, sometimes we tend to add on things to that salary and therefore themed it, “Unpopular”.

I would like to have seen a vote on the issue, whether it passes or not.
That is the decision of the Congress.

I was kind of disappointed that it was deferred.

It has always been deferred.

I wanted to see it either passed or be defeated.

Whichever one is the successful choice of this Congress, that is fine.

However, I feel if we voted today and defeated it, fine.

At least the effort was made to have their salaries updated, at least.

We have been appropriating so much.

Today, we just passed a project bill that is around $2.8 million.
If were to put that in the salaries proposed, it is nowhere, I mean, we can’t expend that within the near future; it would go beyond 2023 just to pay their salaries.

The notion of us wasting money on the President’s salary, to me, it is not a good justification.

He deserves the salary.

I hope one day we will find it necessary to actually increase those two positions in terms of salary.

Thank you, Mr. Speaker.

Speaker Simina: Thank you, Vice Speaker Moses.

We will act on it.

That, I can assure you.


It is already on our calendar.

It is just a matter of fairness.

If we want to show the entire Congress take on it.

We -75- JUNE 29, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4SS – 20CFSM should have a full house before we act on it so we can defeat it or pass it according to our full numbers.

All the others, we can talk all we want, but I am sure each individual Member has his own reason for or against.

We respect that.
We respect that.

In order for us to do it, rather we do it when we have a full house.

This is just my take on it.

It will come to the front.

We will confront it, one way or another.

Chairman Urusemal.

Chairman Urusemal: Thank you very much, Mr. Speaker.

I was going to keep my mouth shut so it can be stinky.

However, I would like to point out that my not supporting any salary increases has nothing to do with the thinking that it is a waste of money.
To me, it is whether this country, this nation, can afford that kind of salary.

If we can, let’s give everybody an increase, including helping the states to do their salary adjustment.

I really wish to know and see on paper the salaries of the Governors, the Lieutenant Governors, members of the state Legislatures, and the Cabinet members, as well as the employees of the state government.
When we make pronouncements here that there are states making more money, the Governors of two of the states making more money than our President, I would really like to see that on paper.

The same states that are supposedly increase the salaries of theirs Governors come to this Congress for help.

Is it a responsible way of spending money when we increase our salary to the ceiling, but cannot afford to provide funding for the programs that all of our people need?
That is what I am coming from – nothing to do with waste of money.

If I have billions of dollars, I will be paying everybody in this country some money so they can enjoy life.

But, we don’t and I don’t.

A student in Hawaii, from Yap, is asking for our help.

I wish I have money to pay that student $2,000 so he can go back to school, but I don’t.

This is where I am coming from.

There is nothing about a waste of money on salary.

It is whether this Nation can afford that kind of salary.
Like I said in the office, this thing about the former President’s allowance, I walked out of here when that bill was introduced and was going to be acted on in this Congress, because, it is a conflict of interest for me to vote on something that I know I would be benefited with.

Please, don’t give the employees the impression that, “it is a waste of money to give you money.” No.

When I was over there in that Office (President’s Office), I tried to help the employees with, especially two items.
One was the employee of the year, and to recognize that employee with funding (money) contribution.

Two is for the Executive Branch to have party for everybody and their families to enjoy.

At that time, when MiCare was proposing to raise premium for National Government employee Health Insurance.

I asked the Congress not to have the employees pay for the increase, but for the employer, the National Government, to pay for it so that we don’t touch what employees are taking home.
To me, that is a fair way of increasing salaries indirectly by helping them with the benefits.

Some of our employees, low pay employees, are paying every month $200 and $300 out of their pockets, because of this thing about housing.

They came all the way from Yap to find work here but cannot be given housing because of this regulation that says, “You are recruited locally.” How can a Woleiaean, how can a Satawalese, how can a Pingelapese find a job if he stays in Pingelap or Ifaluk?
They must travel either to Palikir or to Colonia, Yap or Kolonia, Pohnpei or Weno or Lelu or Tafunsak to find a job.

That is the housing regulation that I had pushed for it to be placed on the Calendar and was deferred so we have more people to discuss.

And I understand during my absence, it was placed on the Calendar and then voted down.

The issue of the acting for over ninety days, I think it is no secret that I had raised concerns, again, because of affordability.

But, what happened?
But, what happened?

I made a detour to Yap because of family needs that I need to be there for and the bill was put on the Calendar and then voted against.

This is where I am coming from.

When we agreed to something, I respect that, because collectively, as much as I disagree, the collective agreement and by the Members present during our meeting is “we do this, we do that” just to have our work on this floor smooth and peaceful.

That is where I am coming from.


With all due respect to all of you, please, you keep talking like I think the employees are worthless.

One of these days, walking out of here or from the office, somebody might throw a rock to my forehead and I cannot afford that, because I need to be alive so I can continue to make noise in this Chamber.

Thank you very much, Mr. Speaker.


-76- JUNE 29, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4SS – 20CFSM Speaker Simina: Thank you so much, Chairman Urusemal for letting it all out.

As you know, our Congress is a representative of our people.

Thank you for raising your concerns and disappointment.

Senator Neth, do you have miscellaneous business?

Senator Neth: Thank you, Mr. Speaker.

I don’t have any miscellaneous business.

Speaker Simina: I thought you were reaching for your microphone.
Are there any other miscellaneous businesses?

If none, we will go to Announcements.

ANNOUNCEMENTS Speaker Simina: Chairman Welly.

Chairman Welly: Thank you, Mr. Speaker.

No announcements.

Speaker Simina: Chairman Figir.

Chairman Figir: I asked your members of your Committee on Ways and Means to continue checking for the TV monitor for public hearings and meeting for the Committee.

Speaker Simina: Thank you, Chairman Figir.

Take note members of Ways and Means.

Acting Chairman on J&GO, Senator Neth.


Senator Neth: Short recess, Mr. Speaker.

Speaker Simina declared the Congress recessed at 11:47 a.m., subject to the call of the Chair.

The Congress reconvened at 11:48 a.m.

RECESS Speaker Simina: Congress comes back to session.

Acting Chairman on J&GO.

Senator Moses: Thank you, Mr. Speaker.

Your Committee on J&GO will have its budget hearing on the Supreme Court at 10:00 o’clock, tomorrow.
Speaker Simina: Take note, members of the Committee of the budget hearing of the third branch of our Government.

It is important.

Chairman Alik.

Chairman Alik: Thank you, Mr. Speaker.

No announcements.

Speaker Simina: Chairman Perman.

Chairman Perman: A reminder that at noon, today, we have a hearing on C.R.

No.

20-109, oversight hearing on MiCare Board member.

Speaker Simina: Take note, members of H&SA.

Chairman Romolow.

Chairman Panuelo.

Chairman Gouland.


-77- JUNE 29, 2018 CONGRESSIONAL JOURNAL –DAY FIVE – 4SS – 20CFSM Chairman Gouland: Thank you, Mr. Speaker.

Your Committee on T&C will hold a hearing on Monday for the nominee and Tuesday will be a joint hearing with R&D Committee.

After that oversight, we will continue to do that mark up and mark down.

Thank you.

Speaker Simina: Thank you, Chairman Gouland.

Take note, members of T&C Committee.

Chairman Urusemal.
Chairman Urusemal.

Chairman Urusemal: Thank you very much, Mr. Speaker.

I would like to notify members of the Committee on Education that the Committee is on recess to have the Chairman cool down and lower his blood pressure.

Thank you.

No meetings.

Speaker Simina: Thank you.

That is a healthy way of handling the situation.

Thank you very much, Chairman Urusemal.

Vice Speaker Moses.

Vice Speaker Moses: Thank you, Mr. Speaker.


Just to inform Members that services for the passing of Senator Panuelo’s father will be at 2:00 o’clock at Saint Peter’s Church in Sokehs, and it will move up to the residence for burial at 4:00 o’clock.

Speaker Simina: Thank you, Vice Speaker Moses for the announcement.

I would like to ask that you represent the Speaker in that, and all Members are invited to attend that burial service.

Senator Konman.

Senator Konman: No announcements, Mr. Speaker.


Thank you.

Speaker Simina: Floor Leader Harper, any announcements before your usual motion?

Floor Leader Harper: Thank you, Mr. Speaker.

No announcements, but as my brother said after the miscellaneous he made, I think we need to rest otherwise we will have heart attack.

I move that we stand in recess and come back on Monday at 10:00 o’clock.

Chairman Perman: Second.


Speaker Simina: It has been moved and seconded that we stand in recess until Monday at 10:00 a.m. All those in favor of the motion say ‘aye’ – opposed say ‘nay’.

The motion is carried.
The Congress, now, stands in recess until Monday at 10:00 a.m. Speaker Simina declared that the Congress stand in recess at 10:51 a.m., Friday, June 29, 2018, until Monday, July 02, 2018, at 10:00 a.m. Respectfully submitted, Liwiana Ramon Ioanis Chief Clerk -78- CONGRESSIONAL JOURNAL TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH SPECIAL SESSION DAY SIX No Session DAY SEVEN No Session DAY EIGHT Saturday, June 30, 2018 Sunday, July 01, 2018 Monday, July 02, 2018 The Eighth Day of the Fourth Special Session of the Twentieth Congress of the Federated States of Micronesia was called to order at 10:27 a.m., Monday, July 02, 2018.
Speaker Wesley W. Simina presided.

A moment of silent prayer was observed.

Jessicalynn Reyes, Assistant Chief Clerk, was designated to be the Acting Chief Clerk.

The Acting Chief Clerk called the roll.

Eleven Members were present; Chairman Alik, Chairman Romolow, and Chairman Panuelo 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 -No.


20-260 - (dated 06/28/18 and received 06/29/18) – Transmitting a bill, which essentially gives the Secretary of Finance the power to utilize the expertise of qualified third- party appraisers to determine the value of assets valued at $10,000,000 or more.

-No.
-No.

20-261 - (dated 06/28/18 and received 06/29/18) – Transmitting the nomination of Mr. Johannes T. Berdon to serve as a member of the Board of Regents of the College of Micronesia – FSM, representing the State of Chuuk.

-No.
-No.

20-262 - (dated 06/28/18 and received 06/29/18) – Transmitting a proposed resolution accepting a financial grant made available by the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention in the amount of $291,556 to continuously support and fund the FSM Comprehensive Cancer Control Plan.

-79- July 02, 2018 CONGRESSIONAL JOURNAL – DAYS 6, 7, & 8 – 4SS – 20CFSM Speaker Simina: Assign those Communications, Acting Chief Clerk.

Next item.
Next item.

FSM SUPREME COURT COMMUNICATIONS None MEMBER COMMUNICATIONS None DEPARTMENTAL COMMUNICATIONS None AGENCY OR GOVERNMENTAL AUTHORITY COMMUNICATIONS None STATE COMMUNICATIONS None STATE SUPREME COURT COMMUNICATIONS None MUNICIPAL OR TOWN COMMUNICATIONS None FOREIGN GOVERNMENT COMMUNICATIONS None ORDER OF THE DAY STANDING COMMITTEE REPORTS -SCR No.

20-67, RE: C.B.

No.


20-137: “To amend section 221 of title 54 of the Code of the Federated States of Micronesia (Annotated), as amended, to increase the import duties levied on used vehicles, and for other purposes.” – W&M – (RECOMMENDS ITS PASSAGE/June 29, 2018.)

Speaker Simina: Chairman Figir.

Chairman Figir: Thank you, Mr. Speaker.

I move for the adoption of the said report, SCR No.

20-67.

Floor Leader Harper: Second.


-80- July 02, 2018 CONGRESSIONAL JOURNAL – DAYS 6, 7, & 8 – 4SS – 20CFSM Speaker Simina: It has been moved and seconded that Congress adopt SCR No.

20-67.

Discussions?

This will affect poor people who cannot afford new cars.

Chairman Figir: Mr. Speaker.

Speaker Simina: Chairman Figir.

Chairman Figir: Thank you, Mr. Speaker.

In a way, it will.
In a way, it will.

But in another way, look at it in a more positive way, it will help them in the long run, their children and the generation to come.

This bill was pending in the Committee for quite some time.

We wrote to the states and asked them for their inputs and we gave them a deadline for this session.
The way we wrote to the states, to the Governors, the Speakers and the Chamber of Commerce, we asked them to comment and if no comments were received by this session, we would presume that they agree with the intention of the bill (C.B.

No.

20-137 next line 20-137).

We did discuss the Climate Change, Environment, and most especially rate and revenue that would derive out of this, and it is not a big increase.

It would also help the four States.


As you know, fifty percent (50%) of that GRD coming out of or that add to the tax that derives out of this item would go to the four States to protect that.

Most especially, it has to do with the environment.

As you know, we have made a commitment to reach a certain level of the gas that destroyed the ozone layers.
That is in the long run that would really affect the people of this nation, make us reach that commitment and that would probably help us, among the nations that have exceeded that protocol and might sympathize with us and make us have an access to the GEF Fund that would increase funding for the project throughout the nation.

So that is where we are coming from.

I think, at some point, we have to take a bold approach and do something that is good for the nation.

That is all I can say.


Other members of the Committee can have other comments.

Thank you.

Speaker Simina: Thank you, Chairman Figir.

Are there any other discussions on the report?

If none, debate is closed.

Let’s vote on the adoption of the report, SCR No.

20-67.

All those in favor of the motion say ‘aye’ – opposed say ‘nay’.

The motion is carried.

The report, SCR No.

20-67, is adopted by Congress.

Next report.

The Acting Chief Clerk called attention to Awaiting List No.
20-33, for more reports awaiting the 24-hour requirement.

TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH SPECIAL SESSION JUNE 25, 2018 TO JULY 04, 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.

20-33, 8TH DAY, MONDAY, JULY 02, 2018, AT 10:00 A.M. REPORTS SCR No.

20-68 SUBJECT RE: C.R.

No.


20-109, “A resolution to confirm the nomination of Mr. Jesse Giltamag to serve as a member of the MiCare Board of Directors, representing the National Government.” – Submitted by: H&SA.

DATE AND TIME 7/02/18 @ 10:00 a.m. Speaker Simina: Short recess.

-81- July 02, 2018 CONGRESSIONAL JOURNAL – DAYS 6, 7, & 8 – 4SS – 20CFSM Speaker Simina declared the Congress recessed at 10:34 a.m., subject to the call of the Chair.

The Congress reconvened at 10:35 a.m.


RECESS Speaker Simina: Congress comes back to session.

We have an awaiting list.

Chairman Perman.

Short recess.

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

The Congress reconvened at 10:37 a.m.

RECESS Speaker Simina: Congress comes back to session.

Chairman Perman.

Chairman Perman: Good morning to you, Vice Speaker, Floor Leader Harper, Members, and to all who are observing our session this morning.
I make a motion to place SCR No.

20-68.

Senator Konman: Second.

Speaker Simina: It has been moved and seconded that Standing Committee Report No.

20-68 be placed on the Standing Committee Reports Calendar for action.

Floor Leader Harper.

Floor Leader Harper: Thank you, Mr. Speaker.

I move to suspend any relevant rules that might impede our action on the said report, especially the rule that requires the 24-hour awaiting period.

Chairman Urusemal: Second.


Speaker Simina: It has been moved and seconded that the relevant rules, specifically the rule requiring the 24-hour awaiting period be suspended.

All those in favor of the motion say ‘aye’ – opposed say ‘nay’.

The motion is carried.

The relevant rules are, now, suspended.

Let’s vote on the motion to place SCR No.

20-68 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.

20-68, is placed on the Standing Committee Reports Calendar for action.

Chairman Perman.

Chairman Perman: Thank you, Mr. Speaker.

I so move for its adoption.

-SCR No.

20-68, RE: C.R.

No.

20-109, “To confirm the nomination of Mr. Jesse Giltamag to serve as a member of the MiCare Board of Directors, representing the National Government.” Senator Konman: Second.

Speaker Simina: It has been moved and seconded that Congress adopt Standing Committee Report No.
20-68.

Discussion?

Chairman Perman: Mr. Speaker.

-82- July 02, 2018 CONGRESSIONAL JOURNAL – DAYS 6, 7, & 8 – 4SS – 20CFSM Chairman Perman: Chairman Perman.

Chairman Perman: Thank you, Mr. Speaker.

As mentioned, this is already a member of MiCare.

Your Committee on Health and Social Affairs is asking to confirm the individual.

Thank you, Mr. Speaker.

Speaker Simina: Thank you, Chairman Perman.

Are there any other discussions?

If none, debate is closed.

Let’s vote.


All those in favor of the motion to adopt SCR No.

20-68 say ‘aye’ – opposed say ‘nay’.

The motion is carried.

The report, SCR No.

20-68, is adopted by Congress.

Next report, Acting Chief Clerk.

Acting 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.

20-70.
20-70.

TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH SPECIAL SESSION June 25, 2018 to July 04, 2018 COMMITTEE REFERRAL REFERRAL SHEET NO.

20-70, DAY 08, MONDAY, 07/02/18, AT 10:00 A.M. C.B.

NO.

20-211 20-212 20-213 C.R.

NO.

20-109 SUBJECT To amend section 209 of title 2 of the Code of the Federated States of Micronesia (Annotated), to update the salaries for the President and the Vice President of the FSM, and for other purposes.

To further amend Public Law No.


20-60, as amended by Public Laws Nos.

20-65, 20-75 and 20-85 by amending section 6 thereof, to change the allottee of funds previously appropriated therein, to fund public projects and social programs in the state of Yap, and for other purposes.
To appropriate the sum of $2,800,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30,2018, for the purpose of funding public projects and social programs for the people of Yap, Kosrae, Pohnpei and Chuuk States, and for other purposes.

SUBJECT To confirm the nomination of Mr. Jesse Giltamag to serve as a member of the MiCare Board of Directors, representing the National Government.
COMMITTEE J&GO W&M W&M COMMITTEE H&SA -83- July 02, 2018 CONGRESSIONAL JOURNAL – DAYS 6, 7, & 8 – 4SS – 20CFSM PRESIDENTIAL COMM.

NO.
NO.

20-255 20-256 20-257 20-258 20-259 SUBJECT COMMITTEE (dated and received 06/28/18) – Transmitting a foreign financial assistance in the amount of $673,037 from the United Nation Children’s Fund (UNICEF) given to the FSM Government to fund and support the implementation of the ongoing work towards the FSM-UNICEF Programme of Cooperation 2018- 20122 and the 2018-2019 work plan.
(dated 06/27/18 and received 06/28/18) – Transmitting a resolution approving and accepting a grant in the amount of $250,000 from the U.S. Department of Health and Human Services Administration for Children and Families to fund and support the Personal Responsibility Education Program in the FSM.

(dated and received 06/28/18) – Returning Congressional Act No.

20-86, which Congress re-passed, as Public Law No.

20-91 (dated and received 06/28/18) – Returning Congressional Act No.
20-90, which Congress re-passed, as Public Law No.

20-92.

(dated and received 06/28/18) – Returning Congressional Act No.

20-83, which Congress re-passed, as Public Law No.

20-93.

H&SA H&SA INFO.

INFO.

INFO.

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

Next item.

UNFINISHED BUSINESS None BILL CALENDAR C.B.

No.


20-211 (1st Reading): To amend section 209 of title 2 of the Code of the Federated States of Micronesia (Annotated), to update the salaries for the President and the Vice President of the FSM, and for other purposes.

Deferred on 06/29/18.

Speaker Simina: Vice Chairman Neth, it is a J&GO bill.

Senator Neth: I move to defer action on the bill, C.B.

No.

20-211.

Chairman Figir: Second.

Speaker Simina: It has been moved and seconded that C.B.

No.
No.

20-211 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.

20-211, has been deferred to tomorrow’s Calendar.

Floor Leader Harper: Short recess, please.

-84- July 02, 2018 CONGRESSIONAL JOURNAL – DAYS 6, 7, & 8 – 4SS – 20CFSM Speaker Simina declared the Congress recessed at 10:41 a.m., subject to the call of the Chair.

The Congress reconvened at 10:42 a.m.


RECESS Speaker Simina: Congress comes back to session.

We are on the Bill Calendar.

Next bill.

C.B.

No.

20-137 (1st Reading): To amend section 221 of title 54 of the Code of the Federated States of Micronesia (Annotated), as amended, to increase the import duties levied on used vehicles, and for other purposes.

Speaker Simina: Short recess.

Speaker Simina declared the Congress recessed at 10:43 a.m., subject to the call of the Chair.
The Congress reconvened at 10:59 a.m.

RECESS Speaker Simina: Congress comes back to session.

We are still on discussion of C.B.

No.

20-137.

Chairman Figir: Mr. Speaker, I move for the passage of the bill, C.B.

No.

20-137, on First Reading.

Chairman Gouland: Second.

Speaker Simina: Short recess.

Speaker Simina declared the Congress recessed at 10:59 a.m., subject to the call of the Chair.

The Congress reconvened at 11:00 a.m.

RECESS Speaker Simina: Congress comes back to session.
It has been moved and seconded that Congress pass C.B.

No.

20-137 on First Reading.

Discussion?

Chairman Perman: Question.

Speaker Simina: Question has been called for.

If there is no objection, debate is closed.

Let’s vote by roll call of Members.

Acting Chief Clerk, call the roll.

The Acting Chief Clerk took the roll call by Members.
Senator Alik Senator Aritos Senator Figir Senator Gouland Floor Leader Harper Excused Nay Aye Nay Aye -85- July 02, 2018 CONGRESSIONAL JOURNAL – DAYS 6, 7, & 8 – 4SS – 20CFSM Senator Konman Vice Speaker Moses Senator Neth Senator Panuelo Senator Perman Senator Romolow Senator Urusemal Senator Welly Speaker Simina Nay Aye Aye Excused Aye Excused Aye Aye Aye Acting Chief Clerk: Mr. Speaker, eight Members voted for, three against, and three were excused.

Speaker Simina: For that reason, the bill, C.B.

No.
No.

20-137, has not passed by Congress.

Next bill.

C.B.

No.

20-212 (2nd Reading): To further amend Public Law No.

20-60, as amended by Public Laws Nos.

20-65, 20-75 and 20-85 by amending section 6 thereof, to change the allottee of funds previously appropriated therein, to fund public projects and social programs in the state of Yap, and for other purposes.

Speaker Simina: Chairman Figir.

Chairman Figir: I move for the passage of the said bill (C.B.

No.

20-212).

Floor Leader Harper: Second.


Speaker Simina: It has been moved and seconded that Congress pass on Second and Final Reading C.B.

No.

20-212.

Chairman Urusemal: Short recess, Mr. Speaker.

Speaker Simina declared the Congress recessed at 11:03 a.m., subject to the call of the Chair.

The Congress reconvened at 11:07 a.m.

RECESS Speaker Simina: Congress comes back to session.

We are on discussion of C.B.

No.

20-212.

Chairman Perman: Question.


Speaker Simina: Question has been called for.

If there is no objection, debate is closed.

Let’s vote by roll call of delegations.

Chairman Perman will cast the vote for Pohnpei State.

The Acting Chief Clerk took the roll call by states.
State of Chuuk: Chairman Aritos State of Pohnpei: Chairman Perman State of Kosrae: Chairman Welly State of Yap: Chairman Urusemal Aye Aye Aye Aye -86- July 02, 2018 CONGRESSIONAL JOURNAL – DAYS 6, 7, & 8 – 4SS – 20CFSM Acting Chief Clerk: Mr. Speaker, all the four States voted for.

Speaker Simina: The bill, C.B.

No.

20-212, has been passed by Congress on Second and Final Reading.

Next bill.

C.B.

No.


20-213 (2nd Reading): To appropriate the sum of $2,800,000 from the General Fund of het Federated States of Micronesia for the fiscal year ending September 30, 2018, for the purpose of funding public projects and social programs for the people of Yap, Kosrae, Pohnpei and Chuuk States, and for other purposes.

Speaker Simina: Chairman Figir.

Chairman Figir: Thank you, Mr. Speaker.

I move to defer action on the said bill (C.B.

No.

20-213) to Wednesday’s Bill Calendar.


Senator Neth: Second.

Speaker Simina: It has been moved and seconded that C.B.

No.

20-213 be deferred to Wednesday’s Bill Calendar.

Chairman Perman: Short recess.

Speaker Simina declared the Congress recessed at 11:09 a.m., subject to the call of the Chair.

The Congress reconvened at 11:10 a.m.

RECESS Speaker Simina: Congress comes back to session.

All those in favor of the motion to defer C.B.

No.
No.

20-213 to Wednesday’s session say ‘aye’ – opposed say ‘nay’.

The motion is carried.

The bill, C.B.

No.

20-213, has been deferred to Wednesday’s session.

Next bill.

Acting Chief Clerk: There are no more bills, Mr. Speaker.

Speaker Simina: Short recess.

Speaker Simina declared the Congress recessed at 11:10 a.m., subject to the call of the Chair.

The Congress reconvened at 11:19 a.m.

RECESS Speaker Simina: Congress comes back to session.

We are still on the Bill Calendar.


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 believe an updated version of the former C.B.

No.

20-212 has been circulated as a new bill, C.B.

No.

20-214, and I would like to withdraw and place it on today’s Calendar.

-87- July 02, 2018 CONGRESSIONAL JOURNAL – DAYS 6, 7, & 8 – 4SS – 20CFSM Chairman Figir: Second.
Speaker Simina: It has been moved and seconded that C.B.

No.

20-214 be withdrawn from Committee and placed on the Bill Calendar for action.

Floor Leader Harper, do you have a motion to make?

Floor Leader Harper: Thank you, Mr. Speaker.

I move to suspend any relevant rules that might impede our action on the bill, C.B.

No.

20-214.

Senator Konman: Second.

Speaker Simina: It has been moved and seconded that any relevant rules that might impede our action be suspended.
All those in favor of the motion say ‘aye’ – opposed say ‘nay’.

The motion is carried.

All relevant rules are suspended.

Let’s vote.

All those in favor of the motion to withdraw and place C.B.

No.

20-214 on the Bill Calendar for First Reading action say ‘aye’ – opposed say ‘nay’.

The motion is carried.

The bill, C.B.

No.

20-214, has now been placed on the Bill Calendar for action.

Chairman Figir: Mr. Speaker.

Speaker Simina: Chairman Figir.

Chairman Figir: Thank you, Mr. Speaker.


I move that Congress pass on First Reading C.B.

No.

20-214.

C.B.

No.

20-214 (1st Reading): To amend subchapter II of chapter 3 of title 54 of the Code of the Federated States of Micronesia (Annotated), as amended by Public Law No.
18-103, by inserting a new section 324 thereto to give the Secretary of the Department of Finance and Administration the authority to reduce a third-party appraisal to determine fair market value of certain assets, and for other purposes.

Senator Konman: Second.

Speaker Simina: It has been moved and seconded that Congress pass on First Reading C.B.

No.

20-214.

Discussions?

Chairman Perman: Question.

Speaker Simina: Question has been called for.

If there is no objection, debate is closed.


Let’s vote by roll call of Members.

Acting Chief Clerk.

The Acting Chief Clerk took the roll call by Members.
Senator Alik Senator Aritos Senator Figir Senator Gouland Floor Leader Harper Senator Konman Vice Speaker Moses Excused Aye Aye Aye Aye Aye Aye -88- July 02, 2018 CONGRESSIONAL JOURNAL – DAYS 6, 7, & 8 – 4SS – 20CFSM Senator Neth Senator Panuelo Senator Perman Senator Romolow Senator Urusemal Senator Welly Speaker Simina Aye Excused Aye Excused Aye Aye Aye Acting Chief Clerk: Mr. Speaker, eleven Members voted for and three were excused.

Speaker Simina: For that reason, the bill, C.B.

No.
No.

20-214, has been passed by Congress on First Reading.

Next bill.

Chairman Figir: Mr. Speaker.

Speaker Simina: Chairman Figir.

Chairman Figir: Thank you, Mr. Speaker.

After consulting with Members and they all agreed that we consider C.B.

No.

20-137 and defer action, I move that Congress reconsider C.B.

No.

20-137.

Vice Speaker Moses: Second.

Speaker Simina: It has been moved and seconded that Congress reconsider its action on C.B.

No.

20-137.
No.

20-137.

I guess we all agreed that we should go forward with this and figure out how to improve it.

it is not subject to debate.

Acting Chief Clerk, call the roll.

The Acting Chief Clerk took the roll call by Members.
Senator Alik Senator Aritos Senator Figir Senator Gouland Floor Leader Harper Senator Konman Vice Speaker Moses Senator Neth Senator Panuelo Senator Perman Senator Romolow Senator Urusemal Senator Welly Speaker Simina Excused Aye Aye Aye Aye Aye Aye Aye Excused Aye Excused Aye Aye Aye Acting Chief Clerk: Mr. Speaker, eleven Members voted for and three were excused.

Speaker Simina: For that reason, the reconsideration of the bill, C.B.

No.

20-137, has been passed by Congress.


The bill is now on the Calendar for action.

Chairman Figir.

Chairman Figir: Thank you, Mr. Speaker.

I move to defer action on the said bill (C.B.

No.

20-137).

-89- July 02, 2018 CONGRESSIONAL JOURNAL – DAYS 6, 7, & 8 – 4SS – 20CFSM Vice Speaker Moses: Second.

Speaker Simina: It has been moved and seconded that Congress defer action on C.B.

No.

20-137.

All those in favor of the motion say ‘aye’ – opposed say ‘nay’.

The motion is carried.

The bill, C.B.


No.

20-137, is deferred.

Next bill.

Short recess.

Speaker Simina declared the Congress recessed at 11:25 a.m., subject to the call of the Chair.

The Congress reconvened at 11:29 a.m.

RECESS Speaker Simina: Congress comes back to session.

We are still on the Bill Calendar.

Are there any other bills?

Chairman Perman: Point of privilege, Mr. Speaker.

Speaker Simina: State your point.

Chairman Perman: Thank you very much, Mr. Speaker.


I have few people here to introduce for recognition.

We have the Associate Justice, the Honorable Nickontro W. Johnny from the Pohnpei State Supreme Court (applause), Mr. Haser Hainrick from the FSM Public Auditor (applause), Pelan Yoma from the FSM Supreme Court (applause), and Donna Pretrick from Ramp and Mida Law Firm (applause).

Thank you, Mr. Speaker.

Speaker Simina: Thank you, Chairman Perman.


The Congress joins you in welcoming those citizens, especially our honorable Justice from Pohnpei State Court and our Public Auditor and those two others from other two entities.

You are, indeed, welcome to observe our session any time you feel like observing.

I just wonder why the Associate Justice and the Public Auditor are here at the same time.

Chairman Figir: Mr. Speaker.

Speaker Simina: Chairman Figir.

Chairman Figir: Thank you, Mr. Speaker.


If I may follow suit and rise on a point of privilege, the Yap Delegation seldom do that because our farther state from the Capital, I would like to introduce a young man from Yap for recognition.

We are grateful to the Public Auditor for hiring him, training him, and I believe he is ready to tackle the job.

I know the Public Auditor is not going to be disappointed in him.

He is a very young man.


May I introduce for recognition Mr. Felix Yinug who is with the Public Auditor?

(Applause).

Speaker Simina: The Congress joins you in welcoming our young and upcoming and promising leader of this Nation.

We, indeed, welcome you in observing our session.

Are there any other points of privilege?

If none and if there are no other bills for consideration, we will move down to the Resolution Calendar.

RESOLUTION CALENDAR C.R.

No.


20-109: To confirm the nomination of Mr. Jesse Giltamag to serve as a member of the MiCare Board of Directors, representing the National Government.

-90- July 02, 2018 CONGRESSIONAL JOURNAL – DAYS 6, 7, & 8 – 4SS – 20CFSM Speaker Simina: Chairman Perman.

Chairman Perman: I so move for its adoption, Mr. Speaker.

Vice Speaker Moses: Second.

Speaker Simina: It has been moved and seconded that Congress adopt C.R.

No.

20-109.

Discussion?

Floor Leader Harper: Short recess.


Speaker Simina declared the Congress recessed at 11:32 a.m., subject to the call of the Chair.

The Congress reconvened at 11:36 a.m.

RECESS Speaker Simina: Congress comes back to session.

We are still on discussion of C.R.

No.

20-109.

If there are no further discussions, debate is closed.

This is a nomination.

It requires ten votes.

We will vote by secret ballot as requires by our rules.

Short recess.
Short recess.

Speaker Simina declared the Congress recessed at 11:36 a.m., subject to the call of the Chair.

The Congress reconvened at 11:39 a.m.

RECESS Speaker Simina: Congress comes back to session.

Acting Chief Clerk, announce the results.

Acting Chief Clerk: Thank you, Mr. Speaker.

With the only eleven Members present, eight Members vote for, three against.

Speaker Simina: For that reason, C.R.

No.

20-109 has not been passed.

The nomination does not confirm.

Short recess.


Speaker Simina declared the Congress recessed at 11:39 a.m., subject to the call of the Chair.

The Congress reconvened at 11:44 a.m.

RECESS Speaker Simina: Congress comes back to session.

Next resolution, Acting Chief Clerk.

Acting Chief Clerk: There are no more resolutions, Mr. Speaker.

Speaker Simina: Any other resolutions?

If there is none, next item.

-91- July 02, 2018 CONGRESSIONAL JOURNAL – DAYS 6, 7, & 8 – 4SS – 20CFSM INTRODUCTION OF BILLS C.B.
No.

20-214: Introduced by: Floor Leader Harper (By request) Assigned to: W&M Date introduced: July 02, 2018 To amend subchapter II of chapter 3 of title 54 of the Code of the Federated States of Micronesia (Annotated), as amended by Public Law No.

18-103, by inserting a new section 324 thereto to give the Secretary of the Department of Finance and Administration the authority to reduce a third-party appraisal to determine fair market value of certain assets, and for other purposes.

C.B.

No.
20-215: Introduced by: Floor Leader Harper (By request) Assigned to: R&D Date introduced: July 02, 2018 To renumber section 211, and to insert a new section 211B, of title 27 of the Code of the Federated States of Micronesia (Annotated), to require the Federated States of Micronesia Petroleum Corporation to create and execute strategic plans to transition into an energy company, to expand its business activities into renewable sources of energy, and to provide for changing the Corporation’s name to reflect its expanded business activities, and for other purposes.
C.B.

No.

20-216: Introduced by: Senator Welly Assigned to: W&M Date introduced: July 02, 2018 To amend Public Law No.

20-93, by amending section 1 thereof, to change the use of funds previously appropriated, to fund priority infrastructure projects and public projects and social programs in the state of Kosrae, and for other purposes.

C.B.

No.

20-217: Introduced by: Senator Welly Assigned to: W&M Date introduced: July 02, 2018 To further amend Public Law Nos.

20-53, as amended by Public Laws Nos.


20-57, 20-61, 20-69 and 20-91, by amending section 2 thereof, to change the use of funds previously appropriated therein, for the purpose of funding priority infrastructure projects and other projects and social programs in the state of Kosrae, and for other purposes.

INTRODUCTION OF RESOLUTIONS C.R.

No.
No.

20-110: Introduced by: Floor Leader Harper (By request) Assigned to: H&SA Date introduced: July 02, 2018 Approving and accepting a grant in the amount of $250,000 from the U.S. Department of Health and Human Services, Administration for Children and Families, to fund and support the Personal Responsibility Education Program in -92- July 02, 2018 CONGRESSIONAL JOURNAL – DAYS 6, 7, & 8 – 4SS – 20CFSM the FSM for the fiscal year 2018, including all the terms and conditions of the assistance.

C.R.

No.
C.R.

No.

20-111: Introduced by: Floor Leader Harper (By request) Assigned to: H&SA Date introduced: July 02, 2018 Approving and accepting a grant from the United Nations Children’s Fund (UNICEF), in the amount of $673,037, to fund the implementation of the Federated States of Micronesia-UNICEF Programme of Cooperation 2018-2022 and 2018-2019 Work Plan, including all the terms and conditions of the assistance.

C.R.

No.
C.R.

No.

20-112: Introduced by: Floor Leader Harper (By request) Assigned to: EDUC Date introduced: July 02, 2018 To confirm the nomination of Mr. Johannes T. Berdon to serve as a member of the Board of Regents of the College of Micronesia-FSM, representing the state of Chuuk.

MISCELLANEOUS COMMUNICATIONS None MISCELLANEOUS BUSINESS Speaker Simina: Do you have any miscellaneous businesses?

Vice Speaker Moses: Mr. Speaker.

Chairman Perman: Mr. Speaker.


Speaker Simina: Vice Speaker first and then Chairman Perman.

Vice Speaker Moses: I yield to Chairman Perman.

Speaker Simina: Chairman Perman, the floor is yielded to you.

Chairman Perman: Thank you, Mr. Speaker.

Maybe I am going to need the Chairman of Ways and Means to help me out on this.

I am a little bit concerned about the fact that we are getting ready for 2023, because of the Trust Fund.

Do we have option B besides the Trust Fund if it fails?

That is my question.


Speaker Simina: That is a question of miscellaneous business, but it is not a miscellaneous business.

That is a hard core.

That is for you and Chairman Figir to work on.

I am sure Members would be interested to know more about the other options, if any.

Vice Speaker Moses, you have the floor.

Vice Speaker Moses: Thank you, Mr. Speaker.

I just want to express my hopes and that I receive some information with the conversation I had yesterday.
I was very pleased with the information.

This is in regards to the ICT (Information and Communications Technology) Project and the Yap fiber optic hook up.

The individual was the contractor tasked to have Yap State fiber optic connectivity in place.

He arrived -93- July 02, 2018 CONGRESSIONAL JOURNAL – DAYS 6, 7, & 8 – 4SS – 20CFSM yesterday.

The news that I got from him was very promising.

I know that the project has taken some years.

I was with the Chairman on T&C then, Chairman Christian.
When they had their initial discussions with the World Bank in Rhoda, Tonga, Cook Islands.

There were a number of obstacles that arose from that.

And we have seemed to overcome them.

During my previous capacity as a consultant, we did an assessment on Pohnpei State and Yap State with the anticipation that the fiber connectivity will eventually reach Yap State.

Through that assessment, we discovered that Yap state was more prepared than Pohnpei State in receiving the fiber optic connectivity.
It is very encouraging when you meet with the Department of Education, the Department of Land and several other departments within the Yap Sate Government with the preparations that they prepared to receive the fiber connectivity.

I know with the support from the Yap Delegation and the Yap State Government, it is finally been linked to the help in Guam.
However, these services have not yet been realized to its full potential, because I learned yesterday that now it’s the work of FSM Telecom to migrate all their plans and services over to the fiber optic connectivity.

In that, I think, if I remember correctly from our conversation yesterday, the actual launch of the fiber optic cable will be July 14th.

So that, I am glad and I congratulate Members for sticking with the project and now we have one of the states being connected.
Hopefully services will not make a U-turn for the better.

That is what I wanted to express.

Thank you, Mr. Speaker.

Speaker Simina: Thank you, Vice Speaker Moses for the good news.

We are progressing, of course.

We went through a lot of things.

Even Congress had to go through a lot of things to make this happen.

It is happening.

I think that is the good thing about it.

Chuuk State is coming up next.


That is why we need all the conditions met of the World Bank, because the ones for Kosrae State and EMC are already approved by us.

Now we are just waiting for all the conditions to come in place.

I am sure they will raise the issue of these two laws that we have not repeal.

We need to do those.

It is part of responsibility obligations to the project.

Thank you, Vice Speaker for that.

Are there any other miscellaneous businesses?

Floor Leader Harper: Mr. Speaker.


Speaker Simina: Floor Leader Harper.

Floor Leader Harper: Thank you, Mr. Speaker.

I simply want to express my request to all of us, Members, to seriously consider the e-mail that was sent by Freddy Perman relating to our problem in Chuuk.

I would like to ask our own delegation to go back to Chuuk and help Telecom resolve the problem that he was mentioning in his e-mail.

Thank you, Mr. Speaker.

Speaker Simina: Thank you, Floor Leader Harper.


Of course, we will let our brave Chairman of T&C to go down and instruct those parties on what to do.

I think it is important we assert for the good of our projects.

It is not for any of us.

It is for the entire nation.

Chairman Gouland, take note of that request by Floor Leader Harper.

Are there any other miscellaneous businesses?

Chairman Urusemal: Mr. Speaker.

Speaker Simina: Chairman Urusemal.

Chairman Urusemal: Thank you very much, Mr. Speaker.
As currently your Chairman on the Committee on Education, with this fiber cable connectivity, I would urgently request that the people responsible for Telecommunications and Internet connectivity consider expanding the connectivity to all the outer islands, of course, where there are people so they can also enjoy services especially schools and dispensaries.
I know some of you have put in money for your own election districts for the purposes but I would hope that TC&I and FSM Telecommunications would consider expanding services to the outer islands.

Thank you.

-94- July 02, 2018 CONGRESSIONAL JOURNAL – DAYS 6, 7, & 8 – 4SS – 20CFSM Speaker Simina: Thank you, Chairman Urusemal.

That is a very legitimate concern.

As we know, our Telecom was mandated to extend this thirty years ago, I think, to all outer islands and that did not happen.
This is another chance for the Government to pursue that.

I think with your help and Chairman Figir’s giving them $2 million from your infrastructure priority projects, I am sure they can.

That is what Chuuk used.

We set aside some of our share to give it to this project and it is coming up.

Are there any other miscellaneous businesses?

If none, let’s go to Announcements.

ANNOUNCEMENTS Speaker Simina: Chairman Welly.

Chairman Welly: Thank you, Mr. Speaker.

No announcements.
No announcements.

Speaker Simina: Thank you, Chairman Welly.

Chairman Figir.

Chairman Figir: I just want to announce that the Ways and Means public hearing this afternoon, at 4:00 o’clock is cancelled indefinitely.

Speaker Simina: There you have it.

Take note, members of Ways and Means Committee, of that announcement.

Acting Chairman Neth.

Senator Neth: Thank you, Mr. Speaker.


Your Committee on J&GO will have its confirmation hearing of the nomination for Associate Justice tomorrow at 8:30 a.m. provided, he arrives today on the plane.

Thank you.

Speaker Simina: Take note, members of J&GO Committee.

Conditioned on his arrival today, the nominee will have his hearing with the Committee of J&GO tomorrow at 8:30 a.m. Chairman Perman.

Chairman Perman: No announcements from your Committee on H&SA, Mr. Speaker.
Speaker Simina: Chairman Romolow.

Chairman Panuelo.

Chairman Gouland.

Chairman Gouland: Thank you, Mr. Speaker.

We have a hearing today at 1:30 p.m., in regards to the nominee.

Also, Mr. Speaker, the Communication was sent from CEO of Telecom and we have been aware of that.

We discussed with the Executive to look into that situation.

Thank you, Mr. Speaker.

Speaker Simina: Thank you, Chairman Gouland for the announcement.

Take note, members.

Floor Leader Harper, there you have it.


There is progress on that concern.

Chairman Urusemal.

Chairman Urusemal: Thank you very much, Mr. Speaker.

Your Committee on Education is still resting and relaxing.

Thank you.

Speaker Simina: Thank you, Chairman Urusemal.

We will look at your Committee whether it is still useful.

Vice Speaker Moses.

Senator Aritos.

Senator Konman.

Senator Konman: Thank you, Mr. Speaker.

I have no announcements.


Speaker Simina: Just for the record, the meeting with the President and JCRP for those representing Congress have been postponed to tomorrow, at lunch.

Same place.

Any announcements, Floor Leader, before you do your usual motion?

-95- July 02, 2018 CONGRESSIONAL JOURNAL – DAYS 6, 7, & 8 – 4SS – 20CFSM Floor Leader Harper: Mr. Speaker, no announcements, but I move that we stand in recess until 10:30 a.m., tomorrow.

Chairman Urusemal: Second.


Speaker Simina: It has been moved and seconded that Congress stand in recess until tomorrow at 10:30 a.m. All those in favor of the motion say ‘aye’ – opposed say ‘nay’.

The motion is carried.

Congress now stands in recess until tomorrow at 10:30 a.m., in the morning.
Speaker Simina declared that the Congress stand in recess at 101:57 a.m., Monday, July 02, 2018, until tomorrow, Tuesday, July 03, 2018, at 10:00 a.m. Respectfully submitted, Liwiana Ramon Ioanis Chief Clerk -96- CONGRESSIONAL JOURNAL TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH SPECIAL SESSION DAY NINE The Ninth Day of the Fourth Special Session of the Twentieth Congress of the Federated States of Micronesia was called to order at 10:44 a.m., Tuesday, July 03, 2018.
Tuesday, July 03, 2018 Speaker Wesley W. Simina presided.

A moment of silent prayer was observed.

The Chief Clerk called the roll.

Twelve Members were present; Chairman Alik and Chairman Panuelo 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 -No.


20-263 - (dated and received 07/02/18) – Transmitting a resolution approving and accepting a grant assistance in the amount of $1,156,180 from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention to the FSM Department of Health and Social Affairs, Immunization and Vaccines for Children Program including all the terms and conditions of the assistance.

Speaker Simina: Assign that Communication, Chief Clerk.

Next item.
Next item.

FSM SUPREME COURT COMMUNICATIONS None MEMBER COMMUNICATIONS -No.

20-32 - (dated and received 07/02/18) – From Chairman Isaac V. Figir of the Committee on Ways & Means, submitting a trip report on the meeting with Mr. James Stovall and Lance Laack on the Compact History Project in Washington D.C. Speaker Simina: Assign that Communication, Chief Clerk.

One note: Chairman Figir and our staff should get together to figure out more about the project and our planned trip after this session.
Next item.

DEPARTMENTAL COMMUNICATIONS None -97- July 03, 2018 CONGRESSIONAL JOURNAL –DAY NINE – 4SS – 20CFSM AGENCY OR GOVERNMENTAL AUTHORITY COMMUNICATIONS -No.

20-47 - (dated 06/29/18 and received 07/02/18) – From Mr. Haser Hainrick, Public Auditor, reporting that the FSM PA has completed a performance audit on the FSM Pacific Island Regional Oceanscape Program (PROP) Project for the period March 2015 to September 2017 as required by the financing agreement between the FSM Government and World Bank.
Speaker Simina: Assign that Communication, Chief Clerk.

Next item.

STATE COMMUNICATIONS None STATE SUPREME COURT COMMUNICATIONS None MUNICIPAL OR TOWN COMMUNICATIONS None FOREIGN GOVERNMENT COMMUNICATIONS None ORDER OF THE DAY STANDING COMMITTEE REPORTS The Chief Clerk called attention Awaiting List No.

20-34.

TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH SPECIAL SESSION JUNE 25, 2018 TO JULY 04, 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.
20-34, 9TH DAY, TUESDAY, JULY 03, 2018, AT 10:00 A.M. REPORTS SCR No.

20-69 SUBJECT RE: C.B.

No.


20-198, “ A bill for an act to further amend title 55 of the Code of the Federated States of Micronesia (Annotated), as amended, by adding a new section 1222 for the purpose of requiring twenty percent (20%) of all National Government fishing fees collected in a fiscal year to be deposited into the FSM Trust Fund, and to 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 DATE AND TIME 7/03/18 @ 10:00 a.m. -98- July 03, 2018 CONGRESSIONAL JOURNAL –DAY NINE – 4SS – 20CFSM 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.” – Submitted by: W&M Committee.

RE: C.R.

No.
RE: C.R.

No.

20-96, “ A resolution to confirm the nomination of Mr. Jolden J. Johnnyboy to serve as a member of the Office of the Telecomunication Regulation Authority of the Federated States of Micronesia.” – Submitted by: T&C Committee.

RE: C.R.

No.

20-97, “A resolution 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.” – Submitted by: T&C Committee RE: C.R.

No.
No.

20-83, “A resolution to confirm the nomination of Mr. Richard R. Hermes to serve as an Associate Justice of the Supreme Court of the Federated States of Micronesia.” – Submitted by: J&GO Committee.

7/03/18 @ 10:00 a.m. 7/03/18 @ 10:00 a.m. 7/03/18 @ 10:00 a.m. SCR No.

20-70 SCR No.

20-71 SCR No.

20-72 Speaker Simina: Short recess.

Speaker Simina declared the Congress recessed at 10:48 a.m., subject to the call of the Chair.

The Congress reconvened at 10:54 a.m.


RECESS Speaker Simina: Congress comes back to session.

We are still on the Standing Committee Reports Calendar.

Chairman Figir.

Chairman Figir: Thank you, Mr. Speaker.

I move to place SCR No.

20-69 on the Standing Committee Reports Calendar for action.

Floor Leader Harper: Second.

Speaker Simina: It has been moved and seconded that Standing Committee Report No.

20-69 be placed on the Standing Committee Reports Calendar for action.

Floor Leader Harper.


Floor Leader Harper: Thank you, Mr. Speaker.

I move to suspend the rule that requires 24-hour awaiting period.

Senator Konman: Second.

Speaker Simina: It has been moved and seconded that the rule requiring 24-hour awaiting period be suspended.

All those in favor of the motion say ‘aye’ – opposed say ‘nay’.

The motion is carried.

The said rules are, now, suspended.

Let’s vote.

All those in favor of the motion to place Standing Committee Report No.
20-69 say ‘aye’ – opposed say ‘nay’.

The motion is carried.

The report, SCR No.

20-69, is placed on the Calendar for action.

-SCR No.

20-69, RE: C.B.

No.
20-198, “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 -99- July 03, 2018 CONGRESSIONAL JOURNAL –DAY NINE – 4SS – 20CFSM 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.” – W&M – FOR ADOPTION.

Chairman Romolow: Point of privilege.

Speaker Simina: Welcome back, Chairman Romolow.

State your point.

Chairman Romolow: Thank you, Mr. Speaker.


I wish to beg the indulgence of this Congress to recognize three young individuals who are observing our morning session, today.

They have been here from Chuuk Xavier High School doing their research as a member of the FSM Debate Team in Yap during the Law Day.

They are here in the gallery.

I begin with Ms. Rita Keller, Aes Keller, and Deshawn Romolow (applause).

Speaker Simina: Thank you, Chairman Romolow.


Hearing your voice is kind of refreshing after being bombarded with these voices.

We join you in welcoming our three participants in the debate.

We wish them the best.

They represent Xavier High School from Chuuk.

Vice Speaker Moses: Mr. Speaker.

Speaker Simina: Vice Speaker Moses.

Vice Speaker Moses: Thank you, Mr. Speaker.

Good morning to you, Members, and to those observing.

I was handed a list of two Pastors that are with us this morning.
One is Reverend Welsin Helgenberger, the former Chief Minister of the Municipality of U and a current businessman.

The second one is Reverend Salter Nicholas, the Chairman of the Mwomwohdiso en Dien.

May I ask that we give them a round of applause?

(Applause).

Speaker Simina: Thank you, Vice Speaker Moses.

We join you in welcoming those two holy men to our Chamber.

It is always nice to be graced by the presence of God’s workers.

Chairman Romolow: Mr. Speaker.

Speaker Simina: Yes?


Chairman Romolow: Just to clarify the three individuals representing Xavier that they are from Xavier High School representing Chuuk State.

Thank you.

Speaker Simina: Thank you for the clarification, Chairman Romolow.

It should be noted in the record.

Chairman Urusemal: Point of information, Mr. Speaker.

Speaker Simina: State your point, Chairman Urusemal.
-100- July 03, 2018 CONGRESSIONAL JOURNAL –DAY NINE – 4SS – 20CFSM Chairman Urusemal: Just a small question to the good Vice Speaker.

What is the meaning of “Mwomwohdiso”?

Vice Speaker Moses: Mwomwohdiso is congregation.

Speaker Simina: There you have it.

Are there any other points of privilege?

Chairman Urusemal: Is that where they do the public convention?

Speaker Simina: Yes.

Thank you.

Are there any other points of privilege?

Chairman Gouland: Mr. Speaker.

Speaker Simina: Chairman Gouland.


Chairman Gouland: Thank you, Mr. Speaker.

I would like to withdraw and place SCR No.

20-69 – Chairman Urusemal: Short recess.

Speaker Simina declared the Congress recessed at 10:59 a.m., subject to the call of the Chair.

The Congress reconvened at 10:59 a.m.

RECESS Speaker Simina: Congress comes back to session.

Chairman Gouland, you still have the floor.

Chairman Gouland: Mr. Speaker, I move to place SCR Nos.

20-70 and 20-71 on the Calendar for action.


Senator Konman: Second.

Speaker Simina: It has been moved and seconded that SCR Nos.

20-70 and 20-71 be placed on the Standing Committee Reports Calendar for action.

The relevant rules are still suspended.

Let’s vote.

All those in favor of the motion say ‘aye’ – opposed say ‘nay’.

The motion is carried.

The reports, SCR Nos.

20-70 and 20-71 are placed on the Calendar for action.

Are there any other reports to place?


If there are none, let’s go to the first report, Chief Clerk.

-SCR No.

20-69, RE: C.B.

No.


20-198, “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.” – W&M – FOR ADOPTION.

Speaker Simina: Chairman Figir.

-101- July 03, 2018 CONGRESSIONAL JOURNAL –DAY NINE – 4SS – 20CFSM Chairman Figir: I move for the adoption of the said report, SCR No.

20-69.

Senator Konman: Second.


Speaker Simina: It has been moved and seconded that Congress adopt SCR No.

20-69.

Discussion?

Short recess.

Speaker Simina declared the Congress recessed at 11:01 a.m., subject to the call of the Chair.

The Congress reconvened at 11:07 a.m.

RECESS Speaker Simina: Congress comes back to session.

We are still on discussion of SCR No.

20-69.

Are there any further discussions?

If none, debate is closed.

Let’s vote.

All those in favor of the adoption of SCR No.


20-69 say ‘aye’ – opposed say ‘nay’.

The motion is carried.

The report, SCR No.

20-69, is adopted by Congress.

Next report.

-SCR No.

20-70, RE: C.R.

No.

20-96, “To confirm the nomination of Mr. Jolden J. Johnnyboy to serve as a member of the Office of the Telecomunication Regulation Authority of the Federated States of Micronesia.” – T&C – FOR ADOPTION.

Speaker Simina: Chairman Gouland.

Chairman Gouland: I move for the adoption of SCR No.

20-70.
20-70.

Senator Konman: Second.

Speaker Simina: It has been moved and seconded that Congress adopt SCR No.

20-70.

Discussions?

Floor Leader Harper: Short recess.

Speaker Simina declared the Congress recessed at 11:08 a.m., subject to the call of the Chair.

The Congress reconvened at 11:15 a.m.

RECESS Speaker Simina: Congress comes back to session.

We are still on discussion of SCR No.

20-70.

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.

20-70 say ‘aye’ – opposed say ‘nay’.

The motion is carried.

The report, SCR No.

20-70, is adopted by Congress.

Next report.

-SCR No.

20-71, RE: C.R.

No.


20-97, “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.” – T&C – FOR ADOPTION.

-102- July 03, 2018 CONGRESSIONAL JOURNAL –DAY NINE – 4SS – 20CFSM Speaker Simina: Chairman Gouland.

Chairman Gouland: I so move.

Chairman Perman: Second.

Speaker Simina: It has been moved and seconded that Congress adopt SCR No.

20-71.

Discussions?


If none, debate is closed.

Let’s vote.

All those in favor of the adoption of SCR No.

20-71 say ‘aye’ – opposed say ‘nay’.

The motion is carried.

The report, SCR No.

20-71, is adopted by Congress.

Next report.

Short recess.

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

The Congress reconvened at 11:18 a.m.

RECESS Speaker Simina: Congress comes back to session.

Chairman Romolow.

Chairman Romolow: Thank you, Mr. Speaker.


I wish to place SCR No.

20-72 on the agenda.

Senator Konman: Second.

Speaker Simina: It has been moved and seconded that SCR No.

20-72 be placed on the Standing Committee Reports Calendar for action.

The record should reflect that the relevant rules are still suspended up to this point.

Let’s vote.

All those in favor of the motion to place SCR No.

20-72 on today’s Calendar say ‘aye’ – opposed say ‘nay’.

The motion is carried.

The report, SCR No.


20-72, is placed on the Calendar for action.

-SCR No.

20-72, RE: C.R.

No.

20-83, CD1, “To confirm the nomination of Mr. Richard R. Hermes to serve as an Associate Justice of the Supreme Court of the Federated States of Micronesia.” – J&GO – FOR ADOPTION.

Speaker Simina: Chairman Romolow.

Chairman Romolow: I make a motion for the adoption of the said report (SCR No.

20-72).

Senator Konman: Second.


Speaker Simina: It has been moved and seconded that Congress adopt SCR No.

20-72.

Discussion?

If none, debate is closed.

Let’s vote.

All those in favor of the motion to adopt SCR No.

20-72 say ‘aye’ – opposed say ‘nay’.

The motion is carried.

The report, SCR No.

20-72, is adopted by Congress.

Next report, Chief Clerk.

Chief Clerk: There are none, Mr. Speaker.

Speaker Simina: Next item.


-103- July 03, 2018 CONGRESSIONAL JOURNAL –DAY NINE – 4SS – 20CFSM SPECIAL COMMITTEE REPORTS None ASSIGNMENT OF MEASURES AND COMMUNICATIONS The Chief Clerk called attention to Referral Sheet No.

20-71.

TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH SPECIAL SESSION June 25, 2018 to July 04, 2018 COMMITTEE REFERRAL REFERRAL SHEET NO.

20-71, DAY 09, TUESDAY, 07/03/18, AT 10:00 A.M. C.B.

NO.

20-214 20-215 20-216 20-217 C.R.

NO.


20-110 20-111 SUBJECT To amend subchapter II of chapter 3 of title 54 of the Code of the Federated States of Micronesia (Annotated), as amended by Public Law No.

18-103, by inserting a new section 324 thereto to give the Secretary of the Department of Finance and Administration the authority to reduce a third-party appraisal to determine fair market value of certain assets, and for other purposes.
To renumber section 211, and to insert a new section 211B, of title 27 of the Code of the Federated States of Micronesia Petroleum Corporation to create and execute strategic plans to transition into an energy company, to expand its business activities into renewable sources of energy, and to provide for changing the Corporation’s name to reflect its expanded business activities, and for other purposes.

To amend Public Law No.


20-93, by amending section 1 thereof, to change the use of funds previously appropriated, to fund priority infrastructure projects and public projects and social programs in the State of Kosrae, and for other purposes.

To further amend Public Law No.

20-53, as amended by Public Laws Nos.


20-57, 20-61, 20-69 and 20-91, by amending section 2 thereof, to change the use of funds previously appropriated therein, for the purpose of funding priority infrastructure projects and other projects and social programs in the states of Kosrae, and for other purposes.
SUBJECT Approving and accepting a grant in the amount of $250,000 from the U.S. Department of Health and Human Services, Administration for Children and Families, to fund and support the Personal Responsibility Education Program in the FSM for the fiscal year 2018, including all the terms and conditions of the assistance.
Approving and accepting a grant from the United Nations Children’s Fund (UNICEF) in the amount of $673,037, to fund the implementation of the Federated States of Micronesia – UNICEF Programme of Cooperation 2018-2022 and 2018-2019 Work Plan, including all the terms and conditions of the assistance.

COMMITTEE W&M R&D W&M W&M COMMITTEE H&SA H&SA -104- July 03, 2018 CONGRESSIONAL JOURNAL –DAY NINE – 4SS – 20CFSM 20-112 PRESIDE NTIAL COMM.

NO.
NO.

20-260 20-261 20-262 To confirm the nomination of Mr. Johannes T. Berdon to serve as a member of the Board of Regents of the College of Micronesia – FSM, representing the state of Chuuk.

EDUC.

SUBJECT COMMITTEE (dated 06/28/18 and received 06/29/18) – Transmitting a bill, which essentially gives the Secretary of Finance the power to utilize the expertise of qualified third-party appraisers to determine the value of assets valued at $10,000,000 or more.
(dated 06/28/18 and received 06/29/18) – Transmitting the nomination of Mr. Johannes T. Berdon to serve as a member of the Board of Regents of the College of Micronesia-FSM, representing the State of Chuuk.
(dated 06/28/18 and received 06/29/18) – Transmitting a proposed resolution accepting a financial grant made available by the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention in the amount of $291,556 to continuously support and fund the FSM Comprehensive Cancer Control Plan.

W&M EDUC.

H&SA Speaker Simina: Chairmen and members, review that Referral Sheet for your planning purposes.

Next item.

UNFINISHED BUSINESS None BILL CALENDAR C.B.

No.


20-211 (2nd Reading): To amend section 209 of title 2 of the Code of the Federated States of Micronesia (Annotated), to update the salaries for the President and the Vice President of the FSM, and for other purposes.

Deferred on 07/02/18 to today.

Speaker Simina: Floor Leader Harper, this was withdrawn and placed so make the motion for passage.

Floor Leader Harper: Thank you, Mr. Speaker.

I so move for the passage of the said bill (C.B.

No.

20-211).
No.

20-211).

Chairman Perman: Second.

Speaker Simina: It has been moved and seconded that Congress pass C.B.

No.

20-211 on First Reading.

Discussions?

If none, debate is closed.

Let’s vote by roll call of Members.

Floor Leader Harper: Short recess, please.

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

-105- July 03, 2018 CONGRESSIONAL JOURNAL –DAY NINE – 4SS – 20CFSM The Congress reconvened at 11:25 a.m.
RECESS Speaker Simina: Congress comes back to session.

Chief Clerk, call the roll.

The Chief Clerk took the roll call by Members.

Senator Alik Senator Aritos Senator Figir Senator Gouland Floor Leader Harper Senator Konman Vice Speaker Moses Senator Neth Senator Panuelo Senator Perman Senator Romolow Senator Urusemal Senator Welly Speaker Simina Excused Aye Nay Aye Aye Nay Aye Aye Excused Aye Aye Nay Nay Aye Chief Clerk: Mr. Speaker, eight Members voted for, four against.
Speaker Simina: For that reason, C.B.

No.

20-211 has not been passed by Congress.

Next bill.

C.B.

No.


20-198, CD1 (1st Reading): To further amend title 55 of the Code of the Federated States of Micronesia (Annotated), as amended, by adding a new section 1222 for the purpose of requiring twenty percent (20%) of all National Government fishing fees collected in a fiscal year to be deposited into the FSM Trust Fund, and to [further amend sections 1015, 1017 and 1019 of title 37 of the Code of the Federated States of Micronesia (Annotated), as amended by Public Law No.
18-71,] add a new section 324 of title 54 of the Code of the Federated States of Micronesia (Annotated), as amended, for the purpose of requiring one hundred percent (100%) of the tax on all premiums collected from captive insurance companies in a fiscal year to be deposited into the FSM Trust Fund, and for other purposes.

Speaker Simina: Chairman Figir.

Chairman Figir: I move to defer action on the bill (C.B.

No.

20-198, CD1) to tomorrow’s Calendar.

Senator Neth: Second.


Speaker Simina: It has been moved and seconded that C.B.

No.

20-198, CD1 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.

20-198, CD1, is deferred to tomorrow’s Calendar.

Next bill.

-106- July 03, 2018 CONGRESSIONAL JOURNAL –DAY NINE – 4SS – 20CFSM C.B.

No.
No.

20-214 (2nd Reading): To amend subchapter II of chapter 3 of title 54 of the code of the Federated States of Micronesia (Annotated), as amended by Public Law No.

18-103, by inserting a new section 324 thereto to give the Secretary of the Department of Finance and Administration the authority to reduce a third-party appraisal to determine fair market value of certain assets, and for other purposes.

Speaker Simina: Chairman Figir.

Chairman Figir: Thank you, Mr. Speaker.


I move for the passage of the said bill, C.B.

No.

20-214, on Second and Final Reading.

Floor Leader Harper: Second.

Speaker Simina: Short recess.

Speaker Simina declared the Congress recessed at 11:29 a.m., subject to the call of the Chair.

The Congress reconvened at 11:31 a.m.

RECESS Speaker Simina: Congress comes back to session.

We are on discussion of C.B.

No.

20-214.

Discussions?

If none, debate is closed.

Let’s vote by roll call of delegations.


Chairman Perman will cast the vote for Pohnpei State.

The Chief Clerk took the roll call by States.

State of Chuuk: Chairman Aritos State of Pohnpei: Chairman Perman State of Kosrae: Chairman Welly State of Yap: Chairman Urusemal Aye Aye Aye Aye Chief Clerk: Mr. Speaker, all the four States voted for.

Speaker Simina: For that reason, C.B.

No.

20-214 has been passed by Congress on second and final reading.

Next bill.

Chief Clerk: There are none, Mr. Speaker.


Speaker Simina: Short recess.

Speaker Simina declared the Congress recessed at 11:32 a.m., subject to the call of the Chair.

The Congress reconvened at 11:32 a.m.

RECESS Speaker Simina: Congress comes back to session.

Chairman Gouland.

-107- July 03, 2018 CONGRESSIONAL JOURNAL –DAY NINE – 4SS – 20CFSM Chairman Gouland: Thank you, Mr. Speaker.

I move to withdraw and place C.B.

No.

20-209 on the Calendar for action.

Senator Konman: Second.


Speaker Simina: It has been moved and seconded that C.B.

No.

20-209 be withdrawn from Committee and placed on the Bill Calendar for First Reading action.

Floor Leader Harper.

Floor Leader Harper: Short recess.

Speaker Simina declared the Congress recessed at 11:33 a.m., subject to the call of the Chair.

The Congress reconvened at 11:45 a.m.

RECESS Speaker Simina: Congress comes back to session.

Let the record reflect that the relevant rules are still suspended.

Let’s vote.
Let’s vote.

All those in favor of the withdrawal and placement of C.B.

No.

20-209 on the Bill Calendar say ‘aye’ – opposed say ‘nay’.

The motion is carried.

The bill, C.B.

No.

20-209, is placed on the Calendar for action.

C.B.

No.

20-209 (1st Reading): To repeal in their entirety Public Laws Nos.
20-13 and 20-20 pertaining to the assets and liabilities of the Open Access Entity, and to reinstate the previous language of sections 203 and 389 of title 21 of the Code of the Federated States of Micronesia (Annotated), as amended, and for other purposes.

Speaker Simina: Chairman Gouland.

Chairman Gouland: Thank you, Mr. Speaker.

I move for passage of C.B.

No.

20-209.

Senator Konman: Second.

Speaker Simina: It has been moved and seconded that Congress pass C.B.

No.

20-209.

Discussions?


If none, debate is closed.

Let’s vote by roll call of Members.

Chief Clerk.

The Chief Clerk took the roll call by Members.


Senator Alik Senator Aritos Senator Figir Senator Gouland Floor Leader Harper Senator Konman Vice Speaker Moses Senator Neth Senator Panuelo Senator Perman Senator Romolow Excused Aye Aye Aye Nay Aye Aye Aye Excused Nay Aye -108- July 03, 2018 CONGRESSIONAL JOURNAL –DAY NINE – 4SS – 20CFSM Senator Urusemal Senator Welly Speaker Simina Aye Aye Aye Chief Clerk: Mr. Speaker, ten Members voted for, two against, and two excused.
Speaker Simina: For that reason, C.B.

No.

20-209 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 here that I wish to withdraw and place on the Bill Calendar for action.

Speaker Simina: Proceed.

Chairman Welly: I move to withdraw and place C.B.

Nos.

20-216 and 20-217.

I so move.

Senator Konman: Second.

Speaker Simina: Short recess.


Speaker Simina declared the Congress recessed at 11:48 a.m., subject to the call of the Chair.

The Congress reconvened at 11:49 a.m.

RECESS Speaker Simina: Congress comes back to session.

We have a motion to withdraw and place C.B.

Nos.

20-216 and 20-217.

All those in favor of the motion say ‘aye’ – opposed say ‘nay’.

The motion is carried.

The bills, C.B.

Nos.

20-216 and 20-217, are now on the Bill Calendar for action.

First bill.

C.B.

No.


20-216 (1st Reading): To amend Public Law No.

20-93, by amending section 1 thereof, to change the use of funds previously appropriated, to fund priority infrastructure projects and public projects and social programs in the state of Kosrae, and for other purposes.

Speaker Simina: Chairman Figir.

Chairman Figir: I move for the passage of the said bill, C.B.

No.

20-216, on First Reading.

Chairman Welly: Second.


Speaker Simina: It has been moved and seconded that Congress pass on First Reading C.B.

No.

20-216.

Discussion?

If none, debate is closed.

Let’s vote by roll call of Members.

Chief Clerk.

-109- July 03, 2018 CONGRESSIONAL JOURNAL –DAY NINE – 4SS – 20CFSM The Chief Clerk took the roll call by Members.
Senator Alik Senator Aritos Senator Figir Senator Gouland Floor Leader Harper Senator Konman Vice Speaker Moses Senator Neth Senator Panuelo Senator Perman Senator Romolow Senator Urusemal Senator Welly Speaker Simina Excused Aye Aye Aye Aye Aye Aye Aye Excused Aye Aye Aye Aye Aye Chief Clerk: Mr. Speaker, twelve Members voted for.

Speaker Simina: For that reason, C.B.

No.

20-216 has been passed by Congress on First Reading.

Next bill.

C.B.

No.

20-217 (1st Reading): To further amend Public Law No.
20-53, as amended by Public Laws Nos.

20-57, 20-61, 20-69 and 20-91, by amending section 2 thereof, to change the use of funds previously appropriated therein, for the purpose of funding priority infrastructure projects and other projects and social programs in the state of Kosrae, and for other purposes.

Speaker Simina: Chairman Figir.

Chairman Figir: I move for the passage of the said bill, C.B.

No.

20-217, on First Reading.

Chairman Urusemal: Second.


Speaker Simina: It has been moved and seconded that Congress pass on First Reading C.B.

No.

20-217.

Discussions?

Chairman Perman: Question.

Speaker Simina: Question has been called for.

If there is no objection, let’s vote by roll call of Members.

Chief Clerk.

The Chief Clerk took the roll call by Members.


Senator Alik Senator Aritos Senator Figir Senator Gouland Floor Leader Harper Senator Konman Excused Aye Aye Aye Aye Aye -110- July 03, 2018 CONGRESSIONAL JOURNAL –DAY NINE – 4SS – 20CFSM Vice Speaker Moses Senator Neth Senator Panuelo Senator Perman Senator Romolow Senator Urusemal Senator Welly Speaker Simina Aye Aye Excused Aye Aye Aye Aye Aye Chief Clerk: Mr. Speaker, twelve Members voted for.

Speaker Simina: For that reason, C.B.

No.


20-217 has been passed by Congress on First Reading.

Next bill.

Chief Clerk: There are none, Mr. Speaker.

Vice Speaker Moses: Mr. Speaker.

Speaker Simina: Vice Speaker Moses.

Vice Speaker Moses: Thank you, Mr. Speaker.

At the beginning of this session, there was bill that we defeated.

To me, I felt like I was being shanghaied the way we moved on the bill.
However, since then, I gathered some information from staff and other Members and I would like to ask that Congress reconsider C.B.

No.

20-151.

Speaker Simina: Short recess.

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

The Congress reconvened at 11:58 a.m.

RECESS Speaker Simina: Congress comes back to session.

Vice Speaker Moses, you have the floor.

Vice Speaker Moses: Thank you, Mr. Speaker.

I move that Congress reconsider C.B.

No.

20-151.


Chairman Figir: Second.

Speaker Simina: It has been moved and seconded that Congress reconsider its action on C.B.

No.

20-151.

It is not subject to debate.

Chief Clerk, roll call.

The Chief Clerk took the roll call by Members.


Senator Alik Senator Aritos Senator Figir Senator Gouland Floor Leader Harper Senator Konman Excused Aye Aye Aye Aye Aye -111- July 03, 2018 CONGRESSIONAL JOURNAL –DAY NINE – 4SS – 20CFSM Vice Speaker Moses Senator Neth Senator Panuelo Senator Perman Senator Romolow Senator Urusemal Senator Welly Speaker Simina Aye Aye Excused Nay Aye Aye Aye Aye Chief Clerk: Mr. Speaker, for reconsideration, eleven Members voted for, one against, and two excused.
Speaker Simina: For that reason, the reconsideration has been passed by Congress.

We now have C.B.

No.

20-151 on the Calendar.

Vice Speaker Moses: Mr. Speaker.

Speaker Simina: Vice Speaker Moses.

Vice Speaker Moses: I move Congress stand in recess until 3:00 o’clock this afternoon.

Senator Konman: Second.

Speaker Simina: It has been moved and seconded that Congress stand in recess until 3:00 o’clock, this afternoon.

All those in favor of the motion say ‘aye’ – opposed say ‘nay’.
The motion is carried.

Congress now stands in recess until 3:00 o’clock, this afternoon.

Speaker Simina declared the Congress recessed at 12:00 p.m., subject to the call of the Chair.

The Congress reconvened at 3:30 p.m.

RECESS Speaker Simina: Congress comes back to session.

We have a bill that was reconsidered and now it is on the Bill Calendar for action.

Chief Clerk, read the title.

C.B.

No.


20-151 (1st Reading): To amend title 52 of the Code of the Federated States of Micronesia (Annotated), as amended, by adding a new section 212, to provide for Eligibility for Housing Allowance for Off-island Recruits for Public Service Sector positions within the National Government of the Federated States of Micronesia, and for other purposes.

Speaker Simina: Vice Speaker Moses.

Chairman Perman: Mr. Speaker.

Speaker Simina: Chairman Perman.


-112- July 03, 2018 CONGRESSIONAL JOURNAL –DAY NINE – 4SS – 20CFSM Chairman Perman: Thank you, Mr. Speaker.

Good afternoon to you, Vice Speaker, and Members.

I would like to make a motion to defer action on the said bill, C.B.

No.

20-151, to our next regular session.

Chairman Gouland: Second.

Speaker Simina: It has been moved and seconded that C.B.

No.

20-151 be deferred to the next session of Congress.
All those in favor of the motion say ‘aye’ – opposed say ‘nay’.

The motion is carried.

The bill, C.B.

No.

20-151, is deferred to the next session of Congress.

Next bill.

Chief Clerk: There are none, Mr. Speaker.

Chairman Romolow: Mr. Speaker.

Speaker Simina: Chairman Romolow.

Chairman Romolow: Thank you, Mr. Speaker.

Is it okay that I ask why have we been deferring that specific bill?

These employees are suffering.

The more we delay it, the more burdens we are putting on them.

Thank you.
Thank you.

Speaker Simina: Thank you, Chairman Romolow.

Short recess.

Speaker Simina declared the Congress recessed at 3:32 p.m., subject to the call of the Chair.

The Congress reconvened at 3:35 p.m.

RECESS Speaker Simina: Congress comes back to session.

We are still on the Bill Calendar.

Are there any more bills for withdrawal and placement?

If none, next item.

RESOLUTION CALENDAR Chairman Gouland: Mr. Speaker.

Speaker Simina: Chairman Gouland.

Chairman Gouland: Thank you, Mr. Speaker.


If I may not be out of order, I would like to withdraw C.R.

No.

20-96, CD1 and C.R.

No.

20-97, CD1 and place them on the Calendar for action.

Speaker Simina: Chairman Gouland, we have already adopted the reports so the resolutions have already been placed on the Calendar.

Chairman Perman: Mr. Speaker.

Speaker Simina: Chairman Perman.

Chairman Perman: Thank you, Mr. Speaker.

I would like to make a motion that Congress reconsiders C.R.

No.

20-109.
No.

20-109.

-113- July 03, 2018 CONGRESSIONAL JOURNAL –DAY NINE – 4SS – 20CFSM Senator Konman: Second.

Speaker Simina: It has been moved and seconded that Congress reconsider its action on C.R.

No.

20-109.

Short recess.

Speaker Simina declared the Congress recessed at 3:36 p.m., subject to the call of the Chair.

The Congress reconvened at 3:37 p.m.

RECESS Speaker Simina: Congress comes back to session.

We have C.R.

No.

20-109 for reconsideration.

It is not subject to debate.


It is by secret ballot.

Short recess.

Speaker Simina declared the Congress recessed at 3:38 p.m., subject to the call of the Chair.

The Congress reconvened at 3:40 p.m.

RECESS Speaker Simina: Congress comes back to session.

Chief Clerk, announce the results.

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

Speaker Simina: For that reason, the reconsideration is adopted.

We have C.R.

No.

20-109 on the Resolution Calendar.

C.R.

No.


20-109: To confirm the nomination of Mr. Jesse Giltamag to serve as a member of the MiCare Board of Directors, representing the National Government.

Chairman Perman: I so move for its adoption, Mr. Speaker.

Senator Konman: Second.

Speaker Simina: It has been moved and seconded that Congress adopt C.R.

No.

20-109.

Discussions?

Floor Leader Harper: Mr. Speaker.

Speaker Simina: Yes, Floor Leader Harper.

Floor Leader Harper: Thank you, Mr. Speaker.


I just want to state on the record that I do support the nominee for the position that he is being nominated for.

I think what happened yesterday was a fulfilment of the wise saying of our ancestors that says, “Sometimes it is very impossible for a batter to be a home runner all the time.

Often times, we can be struck out by a very simple curve ball.” Thank you.

Speaker Simina: Thank you, Floor Leader Harper for that wise statement.
Are there any further discussions?

If none, debate is closed.

We will vote, again, by secret ballot.

Short recess.

Speaker Simina declared the Congress recessed at 3:42 p.m., subject to the call of the Chair.

-114- July 03, 2018 CONGRESSIONAL JOURNAL –DAY NINE – 4SS – 20CFSM The Congress reconvened at 3:44 p.m.

RECESS Speaker Simina: Congress comes back to session.

Chief Clerk, announce the results.

Chief Clerk: Mr. Speaker, eleven Members voted for and one against.
Speaker Simina: For that reason, C.R.

No.

20-109 has been adopted by Congress.

Mr. Speaker, Giltamag is confirmed as a member of the Board (applause).

Next resolution.

C.R.

No.

20-96, CD1: To confirm the nomination of Mr. Jolden J. Johnnyboy to serve as a member of the Office of the Telecommunication Regulation Authority of the Federated States of Micronesia.

Speaker Simina: Short recess.

Speaker Simina declared the Congress recessed at 3:45 p.m., subject to the call of the Chair.
The Congress reconvened at 3:46 p.m.

RECESS Speaker Simina: Congress comes back to session.

We are on C.R.

No.

20-96, CD1.

Chairman Gouland.

Chairman Gouland: I move that Congress adopt C.R.

No.

20-96, CD1.

Chairman Perman: Second.

Speaker Simina: It has been moved and seconded that Congress adopt C.R.

No.

20-96, CD1.

Discussions?

If none, debate is closed.

This is another nomination.

We will vote by secret ballot.

Ten votes require for the adoption of resolution.

Short recess.
Short recess.

Speaker Simina declared the Congress recessed at 3:46 p.m., subject to the call of the Chair.

The Congress reconvened at 3:49 p.m.

RECESS Speaker Simina: Congress comes back to session.

Chief Clerk, announce the results.

Chief Clerk: Mr. Speaker, eight Members voted for, four against.

Speaker Simina: For that reason, C.R.

No.

20-96, CD1 has not been adopted by Congress.

Chairman Gouland: Short recess.


Speaker Simina declared the Congress recessed at 3:49 p.m., subject to the call of the Chair.

-115- July 03, 2018 CONGRESSIONAL JOURNAL –DAY NINE – 4SS – 20CFSM RECESS The Congress reconvened at 3:51 p.m. Speaker Simina: Congress comes back to session.

Next resolution.

C.R.

No.

20-97, CD1: 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.
Speaker Simina: Chairman Gouland.

Chairman Gouland: I so move for the adoption of C.R.

No.

20-97, CD1.

Chairman Urusemal: Second.

Speaker Simina: It has been moved and seconded that Congress adopt C.R.

No.

20-97, CD1.

Discussions?

If none, debate is closed.

We will vote by secret ballot.

Ten votes require.

Short recess.

Speaker Simina declared the Congress recessed at 3:52 p.m., subject to the call of the Chair.

The Congress reconvened at 3:54 p.m.


RECESS Speaker Simina: Congress comes back to session.

Chief Clerk, announce the results.

Chief Clerk: Mr. Speaker, nine Members voted for, three against.

Speaker Simina: For that reason, C.R.

No.

20-97, CD1 has not been adopted.

Mr. Akinaga is not confirmed.

Chairman Perman: Short recess, Mr. Speaker.

Speaker Simina declared the Congress recessed at 3:54 p.m., subject to the call of the Chair.
RECESS The Congress reconvened at 3:55 p.m. Speaker Simina: Congress comes back to session.

Next resolution.

C.R.

No.

20-83, CD1: To confirm the nomination of Mr. Richard R. Hermes to serve as an Associate Justice of the Supreme Court of the Federated States of Micronesia.

Speaker Simina: Chairman Romolow.

Chairman Romolow: I make a motion to adopt the said resolution, C.R.

No.

20-83, CD1.

-116- July 03, 2018 CONGRESSIONAL JOURNAL –DAY NINE – 4SS – 20CFSM Senator Konman: Second.
Speaker Simina: It has been moved and seconded that Congress adopt C.R.

No.

20-83, CD1.

Discussions?

Vice Speaker Moses: Mr. Speaker.

Floor Leader Harper: Mr. Speaker.

Speaker Simina: I will go with Vice Speaker first and then Floor Leader.

Vice Speaker, you have the floor.

Vice Speaker Moses: I yield to Floor Leader.

Speaker Simina: Floor Leader, you have the floor.

Floor Leader Harper: Thank you, Mr. Speaker.


I have nothing important to say about the confirmation, I only would like to ask the three wise men to become stupid and vote for this one nomination.

Thank you.

Speaker Simina: Thank you for your support.

Vice Speaker Moses.

Vice Speaker Moses: Thank you, Mr. Speaker.

For my good Chairman of J&GO, the momentum this afternoon seems to be going strong and then, I think the fuse went out somewhere.

For consideration, maybe we defer the resolution, C.R.

No.
No.

20-83, CD1, to tomorrow.

Speaker Simina: There is a suggestion from Vice Speaker to Chairman Romolow if you can defer it to tomorrow.

Short recess.

Speaker Simina declared the Congress recessed at 3:57 p.m., subject to the call of the Chair.

The Congress reconvened at 4:01 p.m.

RECESS Speaker Simina: Congress comes back to session.

We are still on discussion of C.R.

No.

20-83, CD1.

If there is no further discussion, debate is closed.

This is a nomination also.

We will vote by secret ballot.


Short recess.

Speaker Simina declared the Congress recessed at 4:01 p.m., subject to the call of the Chair.

The Congress reconvened at 4:04 p.m.

RECESS Speaker Simina: Congress comes back to session.

Chief Clerk, announce the results.

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

-117- July 03, 2018 CONGRESSIONAL JOURNAL –DAY NINE – 4SS – 20CFSM Speaker Simina: For that reason, C.R.

No.

20-83, CD1 has been adopted by Congress.


Mr. Hermes is confirmed as one of our Justices for the FSM Supreme Court.

Let’s give him a round of applause (applause).

Next resolution.

Chief Clerk: There are none, Mr. Speaker.

Chairman Perman: Short recess, Mr. Speaker.

Speaker Simina declared the Congress recessed at 4:04 p.m., subject to the call of the Chair.

The Congress reconvened at 4:08 p.m.

RECESS Speaker Simina: Congress comes back to session.

We are still on the Resolution Calendar.


Chairman Gouland: Mr. Speaker.

Speaker Simina: Chairman Gouland.

Chairman Gouland: I move to reconsider C.R.

No.

20-96, CD1.

Senator Konman: Second.

Speaker Simina: Short recess.

Speaker Simina declared the Congress recessed at 4:08 p.m., subject to the call of the Chair.

The Congress reconvened at 4:09 p.m.

RECESS Speaker Simina: Congress comes back to session.

It has been moved and seconded that we reconsider our action on C.R.

No.

20-96, CD1.
No.

20-96, CD1.

It is not subject to debate.

We will need the same number of votes for it to be adopted.

We will vote by secret ballot.

Short recess.

Speaker Simina declared the Congress recessed at 4:09 p.m., subject to the call of the Chair.

The Congress reconvened at 4:11 p.m.

RECESS Speaker Simina: Congress comes back to session.

Chief Clerk, announce the results.

Chief Clerk: For reconsideration of C.R.

No.

20-96, CD1, ten Members voted for reconsideration and two against.
Speaker Simina: For that reason, the reconsideration of C.R.

No.

20-96, CD1 is adopted.

We now have C.R.

No.

20-96, CD1 on the Calendar, again.

Chairman Gouland.

-118- July 03, 2018 CONGRESSIONAL JOURNAL –DAY NINE – 4SS – 20CFSM Chairman Gouland: I move for the adoption of C.R.

No.

20-96, CD1.

Senator Konman: Second.

Speaker Simina: It has been moved and seconded that Congress adopt C.R.

No.

20-96, CD1.

Discussions?

If none, debate is closed.

We will vote by secret ballot.

Short recess.


Speaker Simina declared the Congress recessed at 4:12 p.m., subject to the call of the Chair.

The Congress reconvened at 4:14 p.m.

RECESS Speaker Simina: Congress comes back to session.

Chief Clerk, announce the results.

Chief Clerk: Mr. Speaker, eight Members voted for the nominee, four against.

Speaker Simina: For that reason, C.R.

No.

20-96, CD1 is not adopted.

Mr. Johnnyboy is not confirmed.

Next resolution.

Chairman Gouland: Mr. Speaker.


Speaker Simina: Chairman Gouland.

Chairman Gouland: Thank you, Mr. Speaker.

I move that Congress reconsider its action on C.R.

No.

20-97, CD1.

Vice Speaker Moses: Second.

Speaker Simina: It has been moved and seconded that Congress reconsider its action on C.R.

No.

20-97, CD1.

This is not subject to debate.

We will vote by secret ballot.

Ten votes require for adoption.

Short recess.


Speaker Simina declared the Congress recessed at 4:15 p.m., subject to the call of the Chair.

The Congress reconvened at 4:18 p.m.

RECESS Speaker Simina: Congress comes back to session.

Chief Clerk, announce the results.

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

Speaker Simina: For that reason, C.R.

No.

20-97, CD1 is now on the Calendar for action.

Chairman Gouland.

Chairman Gouland: Thank you, Mr. Speaker.

I move for the adoption of C.R.


No.

20-97, CD1.

I so move.

Senator Konman: Second.

-119- July 03, 2018 CONGRESSIONAL JOURNAL –DAY NINE – 4SS – 20CFSM Speaker Simina: It has been moved and seconded that Congress adopt C.R.

No.

20-97, CD1.

It is a nomination of Mr. Akinaga.

It will be by secret ballot.

Ten votes require for adoption.

Short recess.

Speaker Simina declared the Congress recessed at 4:18 p.m., subject to the call of the Chair.

The Congress reconvened at 4:22 p.m.


RECESS Speaker Simina: Congress comes back to session.

Chief Clerk, announce the results.

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

Speaker Simina: For that reason, C.R.

No.

20-97, CD1 is adopted by Congress.

Mr. Akinaga is confirmed.

Let’s give him a round of applause (applause).

Next resolution.

Chief Clerk: There are none, Mr. Speaker.

INTRODUCTION OF BILLS C.B.

No.


20-218: Introduced by: Vice Speaker Moses Assigned to: J&GO Date introduced: July 03, 2018 To propose an amendment to the Constitution of the Federated States of Micronesia, for the purpose of guaranteeing the representation of women in Congress by creating additional at large seats in Congress reserved for women, as a temporary special measure, and for other purposes.

INTRODUCTION OF RESOLUTIONS None MISCELLANEOUS COMMUNICATIONS -No.
20-20 - (dated 06/27/18 and received 06/29/18) – From Mr. Kembo Mida Jr., CEO, Chuuk CPUC, requesting support for CPUC Tonoas Power and Water Projects.

Vice Speaker Moses: Mr. Speaker.

Speaker Simina: Vice Speaker.

Vice Speaker Moses: Thank you, Mr. Speaker.

I move that Congress stand in recess until 10:00 a.m., tomorrow.

Chairman Perman: Second.


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

The motion is carried.

The Congress now stands in recess until 10:00 a.m., tomorrow morning.
-120- July 03, 2018 CONGRESSIONAL JOURNAL –DAY NINE – 4SS – 20CFSM Speaker Simina declared that the Congress stand in recess at 4:23 p.m., Tuesday, July 03, 2018, until tomorrow, Wednesday, July 04, 2018, at 10:00 a.m. Respectfully submitted, Liwiana Ramon Ioanis Chief Clerk -121- CONGRESSIONAL JOURNAL TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH SPECIAL SESSION CLOSING DAY The Closing Day (Day 10) of the Fourth Special Session of the Twentieth Congress of the Federated States of Micronesia was called to order at 10:42 a.m., Wednesday, July 04, 2018.
Wednesday, July 04, 2018 Speaker Wesley W. Simina presided.

A moment of silent prayer was observed.

The Chief Clerk called the roll.

Twelve Members were present; Chairman Alik and Chairman Panuelo 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 -No.
20-55 - (dated and received 07/03/18) – From Mrs. Sihna N. Lawrence, Secretary, FSM Department of Finance and Administration, providing reports on (a) Appropriation vs. Allotments; and (b) Allotments vs.

Expenditures.
Expenditures.

AGENCY OR GOVERNMENTAL AUTHORITY COMMUNICATIONS None STATE COMMUNICATIONS None STATE SUPREME COURT COMMUNICATIONS None -122- July 04, 2018 CONGRESSIONAL JOURNAL – CLOSING DAY – 4SS – 20CFSM MUNICIPAL OR TOWN COMMUNICATIONS None FOREIGN GOVERNMENT COMMUNICATIONS None ORDER OF THE DAY STANDING COMMITTEE REPORTS None SPECIAL COMMITTEE REPORTS None ASSIGNMENT OF MEASURES AND COMMUNICATIONS The Chief Clerk called attention to Referral Sheet No.

20-72.
20-72.

TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH SPECIAL SESSION June 25, 2018 TO July 04, 2018 COMMITTEE REFERRAL REFERRAL SHEET NO.

20-72, DAY 10, WEDNESDAY, 07/04/18, AT 10:00 A.M. C.B.

NO.

20-218 PRESIDENTIAL COMM.

NO 20-263 MEMBER COMM.

NO.


20-32 SUBJECT To propose an amendment to the Constitution of the Federated States of Micronesia, for the purpose of guaranteeing the representation of women in Congress by creating additional at large seats in Congress reserved for women, as a temporary special measure, and for other purposes.
COMMITTEE J&GO SUBJECT COMMITTEE (Dated and received 07/02/18) – Transmitted a Resolution approving and accepting a grant assistance in the amount of $1,156,180 from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention to the FSM Department of Health and Social Affairs, Immunization and Vaccines for Children Program including all the terms and conditions of the assistance.
H&SA SUBJECT COMMITTEE (Dated and received 07/02/18) – From Chairman Isaac V. Figir of the Committee on Ways & Means, submitting a trip report INFO.

-123- July 04, 2018 CONGRESSIONAL JOURNAL – CLOSING DAY – 4SS – 20CFSM AGENCY OR GOVERNMENTAL AUTHORITY COMM.

NO.

20-47 MISCELLANEOUS COMM.

NO.


20-20 on the meeting with Mr. James Stovall and Lance Laack on the Compact History Project in Washington D.C. SUBJECT COMMITTEE (Dated 06/29/18 and received 07/02/18) – From Mr. Haser Hainrick, Public Auditor, reporting that the FSM PA has completed a performance audit on the FSM Pacific Island Regional Oceanscape Program (PROP) Project for the period March 2015 to September 2017 as required by the financing agreement between the FSM Government and World Bank.
SUBJECT (Dated 06/27/18 & received 06/29/18) – From Mr. Kembo Mida Jr., CEO, Chuuk CPUC, requesting support for CPUC Tonoas Power and Water Projects.

W&M/INFO.

COMMITTEE W&M/INFO.

UNFINISHED BUSINESS None BILL CALENDAR C.B.

No.

20-137 (1st Reading): To amend section 221 of title 54 of the Code of the Federated States of Micronesia (Annotated), as amended, to increase the import duties levied on used vehicles, and for other purposes.

Deferred on 7/02/18.

Speaker Simina: Chairman Figir.


Chairman Figir: I move for the passage of the bill (C.B.

No.

20-137) on First Reading.

Senator Neth: Second.

Speaker Simina: It has been moved and seconded that Congress pass on First Reading C.B.

No.

20-137.

Discussions?

Chairman Figir: Short recess.

Speaker Simina declared the Congress recessed at 10:46 a.m., subject to the call of the Chair.

RECESS The Congress reconvened at 10:47 a.m. Speaker Simina: Congress comes back to session.

Chairman Figir.
Chairman Figir.

-124- July 04, 2018 CONGRESSIONAL JOURNAL – CLOSING DAY – 4SS – 20CFSM Chairman Figir: Thank you, Mr. Speaker.

Because of the understanding reached in the Committee, I move defer the bill (C.B.

No.

20-137) to the next regular session of Congress.

Chairman Welly: Second.

Speaker Simina: It has been moved and seconded that the said bill (C.B.

No.

20-137) be deferred to the next regular session of Congress.

All those in favor of the motion say ‘aye’ – opposed say ‘nay’.
The motion is carried.

The bill, C.B.

No.

20-137, is deferred to the next session of Congress.

Chairman Urusemal: Short recess.

Speaker Simina declared the Congress recessed at 10:48 a.m., subject to the call of the Chair.

The Congress reconvened at 10:50 a.m.

RECESS Speaker Simina: Congress comes back to session.

Chief Clerk, next bill.

C.B.

No.


20-198, CD1 (1st Reading): To further amend title 55 of the Code of the Federated States of Micronesia (Annotated), as amended, by adding a new section 1222 for the purpose of requiring twenty percent (20%) of all National Government fishing fees collected in a fiscal year to be deposited into the FSM Trust Fund, and to [further amend sections 1015, 1017 and 1019 of title 37 of the Code of the Federated States of Micronesia (Annotated), as amended by Public Law No.
18-71,] add a new section 324 of title 54 of the Code of the Federated States of Micronesia (Annotated), as amended, for the purpose of requiring one hundred percent (100%) of the tax on all premiums collected from captive insurance companies in a fiscal year to be deposited into the FSM Trust Fund, and for other purposes.

– W&M.

Deferred CD1 on 7/03/18 to today.

Speaker Simina: Chairman Figir.

Chairman Figir: Thank you, Mr. Speaker.

I move that Congress pass C.B.

No.

20-198, CD1.


Senator Konman: Second.

Speaker Simina: It has been moved and seconded that Congress pass C.B.

No.

20-198, CD1.

Discussions?

Chairman Urusemal: Short recess, Mr. Speaker.

Speaker Simina declared the Congress recessed at 10:52 a.m., subject to the call of the Chair.

RECESS -125- July 04, 2018 CONGRESSIONAL JOURNAL – CLOSING DAY – 4SS – 20CFSM The Congress reconvened at 10:54 a.m. Speaker Simina: Congress comes back to session.
We are still on discussion of C.B.

No.

20-198, CD1.

Chairman Figir.

Chairman Figir: Thank you very much, Mr. Speaker.

I have an oral amendment that I wish to offer.

May I offer it?

Speaker Simina: Proceed.

Chairman Figir: On Congress Bill 20-18, CD1 is hereby amend to read as follows: 1.

Page 1, title, line 3, delete “20%”, and insert “10%” in lieu thereof.

2.

Page 1, title, lines 9-10, delete “100%”, and insert “50%”, in lieu thereof.

3.
3.

Page 1, line 5, delete “20%”, and insert “10%” in lieu thereof.

4.

Page 4, line 9, delete “100%”, and insert “50%” in lieu thereof.

I so move.

Senator Neth: Second.

Speaker Simina: It has been moved and seconded that the offered oral amendment by Chairman Figir to C.B.

No.

20-198, CD1 be adopted.

Any relevant rules that might impede our action are suspended.

Any discussions?

Floor Leader Harper: Mr. Speaker.

Speaker Simina: Floor Leader Harper.

Floor Leader Harper: Thank you, Mr. Speaker.


With all the changes in percentage, how much money will be investing in the Trust Fund by 2023 or 2024?

Speaker Simina: Chairman Figir.

Chairman Figir: I haven’t done the math by myself or ask the staff to do it.

But I think it might get us closer to the goal and we’ve gone 100%, and if we are lucky to get that much money.

We will hit the Jackpot.

I think there are other ways in investing into the Trust Fund to, if not to reach the goal but close to it.
I think this is the safest way and the Committee discussed through it this morning.

With that, we should go down a little bit to allow us some flexibility in revenue that is not perhaps seen now but it may happen.

This is just a way to see if we can increase the value of our Trust Fund and see what will happen.

Floor Leader Harper: Thank you, Mr. Speaker.

As someone said, “A piece of cake is better than nothing”.

Thank you.

Speaker Simina: Thank you, Floor Leader Harper.


Are there any other discussions on the proposed amendments?

Vice Speaker Moses: Mr. Speaker.

Speaker Simina: Vice Speaker.

-126- July 04, 2018 CONGRESSIONAL JOURNAL – CLOSING DAY – 4SS – 20CFSM Vice Speaker Moses: Thank you, Mr. Speaker.

Good morning to you, Members, and those observing.

I just wanted to raise my own concern on the proposed amendment because I am in full support of the bill (C.B.

No.

20-198, CD1) as is.


I know that discussions were made during previous sessions with regards to the new public projects and their contributions to the economic development of the FSM.

I did visit Finance yesterday to gather information on what we have at our disposal in terms of financial resources for projects.

It is way over $200 million that we have available.

That thwarts the amount that we have for public projects.

I think if we stick with the original bill, we will benefit more from that.
However, the focus of the government, in terms of projects to be implemented and then economic development can be sourced elsewhere than the local revenue.

Thank you, Mr. Speaker.

Speaker Simina: Thank you, Vice Speaker Moses.

That is a very legitimate statement.

We have over $200 million sitting in the infrastructure funds that needs to be injected into the economy.

It is not the fault of Congress.

It is just money that has been sitting because of all kinds of things.
But with that money, if it is going to be injected into the economy, it could do a lot in terms of the growth of our economy.

That is up to is.

Chairman Urusemal: Short recess, Mr. Speaker.

Speaker Simina declared the Congress recessed at 11:00 a.m., subject to the call of the Chair.

The Congress reconvened at 11:08 a.m.

RECESS Speaker Simina: Congress comes back to session.

We are still on discussion of the offered amendment.

Are there any further discussions?

If none, debate is closed.


Let’s vote.

All those in favor of the adoption of the offered oral amendment to C.B.

No.

20-198, CD1 say ‘aye’ – opposed say ‘nay’.

The motion is carried.

The amendment is adopted.

We, now, have C.B.

No.

20-198, CD2.

Are there any discussions on C.B.

No.

20-198, CD2?

Chairman Perman: Question.

Chairman Figir: Second.

Speaker Simina: Question has been called for.

If there is no objection, debate is closed.

Let’s vote by roll call of Members.

Chief Clerk.


The Chief Clerk took the roll call by Members.

Senator Alik Senator Aritos Senator Figir Senator Gouland Floor Leader Harper Senator Konman Vice Speaker Moses Senator Neth Senator Panuelo Senator Perman Senator Romolow Excused Aye Aye Aye Aye Aye Nay Aye Excused Aye Aye -127- July 04, 2018 CONGRESSIONAL JOURNAL – CLOSING DAY – 4SS – 20CFSM Senator Urusemal Senator Welly Speaker Simina Aye Aye Aye Chief Clerk: Mr. Speaker, eleven Members voted for.
Speaker Simina: For that reason, C.B.

No.

20-198, CD2 has been passed by Congress on First Reading.

C.B.

No.

20-213 (2nd Reading): To appropriate the sum of $2,800,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, for the purpose of funding public projects and social programs for the people of Yap, Kosrae, Pohnpei and Chuuk states, and for other purposes.

Deferred on 7/02/18 to today.

Chairman Gouland: Short recess, Mr. Speaker.


Speaker Simina declared the Congress recessed at 11:10 a.m., subject to the call of the Chair.

RECESS The Congress reconvened at 11:11 a.m. Speaker Simina: Congress comes back to session.

Chairman Figir.

Chairman Figir: I yield to Chairman Gouland.

Speaker Simina: Chairman Gouland.

Chairman Gouland: Thank you, Mr. Speaker.

I move for the passage of C.B.

No.

20-213 on Second and Final Reading.

Senator Neth: Second.


Speaker Simina: It has been moved and seconded that Congress pass on Second and Final Reading C.B.

No.

20-213.

Discussions?

Chairman Welly: Mr. Speaker.

Speaker Simina: Chairman Welly.

Chairman Welly: Thank you, Mr. Speaker.

I have an amendment that I wish to offer on my behalf and everybody’s behalf also, because their amendments are attached to my amendment.

Copies have been duplicated and circulated in yesterday’s package.
It is quite lengthy and I will not ask Chief Clerk to read it but rather move for the adoption of the amendment.

-128- July 04, 2018 CONGRESSIONAL JOURNAL – CLOSING DAY – 4SS – 20CFSM Floor Amendment to C.B.

No.

20-213 Offered by Senator Palikoa K. Welly C.B.

No.

20-213 is hereby amended to read as follows: 1.
Page 1, between lines 11 and 12, insert the following: “ (a) COM-FSM National Campus Yapese students’ financial assistance; PROVIDED THAT eligibility is based on students that maintain at least a 2.00 GPA and enrolled full time……………… (b) Current and prior obligations/debts of Yapese patients at Palau National Hospital…………… (c) Humanitarian assistance………………… (d) Satawal and Paliyaw outboard motors………… (e) Maalay Community Men’s house repair/ renovation……………………………………………… (f) Meerur Community Ment’s house repair/renovation (g) OKAW Multipurpose building renovation and other OKAW community projects…………… (h) Solar LED lights………………………………… 2.
Page 1, lines 15 and 16, insert the following: “ (a) Renovation of Lelu Senior Citizens’ meeting hall………………………………………………………… (b) Kosrae Cultural events/activities………… (c) Lelu Famers Association/Purchase of heavy equipment……………………………………………… (d) Malem Municipal Government vehicle purchase… (e) Utwe Tennis Court……………………………… (f) Palusrik river clearance at Utwe village… (g) Renovation of Utwe Senior Citizens’ building… (h) Construction of Tafunsak Senior Citizens building…………………………………………………… (i) Lelu Famers Association seedling project… (j) Kucplu Youth Center…………………………… (k) Lelu Farm Roads………………………………… (l) Malem Senior Citizens Building Renovation… (m) Contributions to Island Soldier project… (n) COM-FSM students’ outstanding debts… (o) Scholarships for Kosraean Students… (p) Medical referrals/travel and associated costs… (q) Weight lifting equipment and trainings… 3.
Page 2, between lines 2 and 3, insert the following: “ (a) Community Fellowship Center, Diadi, Kitti… (b) Kitti MMCK Community boats and motors… (c) PICS Dormitory vehicle…………………… (d) Community Water Projects…………… (e) Sekeren Kitti, Pehleng Road paving… (f) Pahses, Pehleng Kitti road……………… -129- $50,000 50,000 30,000 10,000 50,000 50,000 142,000 18,000” $12,000 25,000 35,000 8,000 20,000 10,000 18,000 6,000 10,000 10,000 21,000 25,000 30,000 40,000 100,000 20,000 10,000” $12,000 8,500 8,500 50,000 20,000 50,000 July 04, 2018 CONGRESSIONAL JOURNAL – CLOSING DAY – 4SS – 20CFSM (g) Lewetik Community vehicle………… (h) Mand Community Center……………… (i) RSP School Fencing……………………… (j) Sapwuwafik Speakers’ Summit……… (k) Seinwar School Fencing……………… (l) U Municipal Police vehicle…………… 4.
Page 2, between lines 3 and 4, insert the following: “ (a) Pohnpei Transportation Authority heavy equipment purchase………………………….. (b) Sokehs Municipality road and parking paving… (c) COM-FSM students current and prior obligations/debts……………………………… (d) Pohras pave widening………………… (e) Pohnpei Library fencing improvement… (f) Pohnpei Library parking area paving… (g) Beautification project……………………… (h) Causeway rehabilitation boulders… (i) LED Solar Lights/LED Lights………… 5.
Page 2, between lines 4 and 5, insert the following: “ (a) Election District No.

2, vehicle purchase… (b) Rentu road improvement…………………… (c) Medical referrals……………………………… (d) APIPA conference participants………… (e) Community Outreach and Advocacy Program… (f) 2018 Oceania Tennis Championship– FSM participants…………………………………… (g) Lukenmenlap of Kitti subsidy…………… (h) Wenik road improvement………………… (i) Kepine to Sapwalapw road………………… (j) Pohnpei Lien Alem outreach-Guam (Election District No.
2 participants)……… (k) ED#2 Boat and outboard motor purchase… (l) Madolenihmw Chief Justice office subsidy… (m) Kitti road patching………………………… 6.
Page 2, between lines 5 and 6, insert the following: “ (a) U Municipal subsidy, public projects, activities, elections and refreshments…………………… (b) Nett Municipal Government subsidy… (c) Pingelap Municipal Government subsidy… (d) Mwokilloa Municipal Government subsidy… (e) Saladak ECE materials, activities and equipment…………………………………………… (f) Awak ECE materials, activities and equipment… (g) Nett ECE materials, activities and equipment… (h) Pohnpei Transportation Authority vehicle and equipment…………………………………………… (i) Lewi, Nett paving and road improvement… -130- 5,000 7,500 14,500 2,500 15,000 6,500” $50,000 20,000 17,000 40,000 7,500 30,000 7,500 20,000 8,000” $10,000 20,000 15,000 15,000 5,000 10,000 15,000 10,000 50,000 10,000 15,000 15,000 10,000” $15,000 15,000 10,000 10,000 2,500 2,500 5,000 25,000 65,000 July 04, 2018 CONGRESSIONAL JOURNAL – CLOSING DAY – 4SS – 20CFSM (j) Nan Welin Rohi road paving/maintenance… (k) Purchase of coral material……………… (l) Community Outreach and travel for training and conferences………………………………… 7.
Page 2, between lines 10 and 11, insert the following: “ (a) Allottee’s Administrative Support Cost… (b) Contributions to State, Municipal and Community events, activities and programs…………… (c) Housing renovation……………………… (d) Fishing projects…………………………… (e) Land transportation……………………… (f) Leaders/Patients/Students travels/COAP… (g) Women’s Home Economic Projects… (h) Contributions to NGO’s/Associations… 8.
Page 2, between lines 11 and 12, insert the following: “ (a) Housing renovation and improvement… (b) Students, Famers, Fishermen and community transportation needs………………………… (c) Multi-purpose community facilities… (d) Mortlocks Island Sport facilities… (e) Mortlocks Island Development Authority office extension supplemental……… 9.
Page 2, between lines 12 and 13, insert the following: “ (a) Housing and Community Halls renovation… (b) Students’ financial assistance……… (c) Road maintenance/contractual services… (d) Fishing project…………………………… (e) Municipal governments’ subsidy… (f) Weno Election Commissioner’s travel needs… (g) POL/Fright/Charter…………………… (h) Outstanding obligation/leadership allowance… (i) Sewing project…………………………… 10.
Page 2, between lines 13 and 14, insert the following: “ (a) Contribution to community policing… (b) Embalmment related costs…………… (c) SNDA Administrative costs…………… (d) Sewing project…………………………… (e) Community Outreach and Advocacy Program/travel needs……………………… (f) Land transportation……………………… (g) Housing renovations…………………… (h) POL/Freight/Charters…………………… (i) Island Time Market……………………… (j) Grant Writer services/PCD fee………… (k) Outstanding debts to K&I Enterprises… (l) Humanitarian assistance……………… -131- 25,000 15,000 10,000” $20,000 45,000 30,000 40,000 25,000 20,000 10,000 10,000” $130,000 15,000 30,000 15,000 10,000” $80,000 20,000 30,000 20,000 15,000 15,000 5,000 10,000 5,000” $5,000 5,000 20,000 10,000 20,000 20,000 40,000 10,000 20,000 10,000 10,000 10,000 July 04, 2018 CONGRESSIONAL JOURNAL – CLOSING DAY – 4SS – 20CFSM (m) Fishing project…………………………… 11.
Page 2, between lines 14 and 15, insert the following: “ (a) Fishing project…………………………… (b) Low Income housing…………………… (c) Humanitarian assistance…………… (d) Solar freezer………………………………… (e) Guam Foupo Association……………… (f) Medical referral and repatriation of human remain……………………………………………… (g) Community Outreach and travel needs… (h) Road improvement……………………… 12.
Page 2, between lines 15 and 16, insert the following: “ (a) Solar Street lights………………………… (b) Solar freezers……………………………… (c) Low Income housing……………………… (d) POL/Freight/Charters…………………… (e) Municipal Land Acquisition…………… (f) Current and prior obligation for Saraman Chuuk Academy………………………………… (g) Administrative support costs (current and prior obligations)……………………………… (h) Office rental………………………………… 20,000” $30,000 20,000 30,000 30,000 20,000 20,000 30,000 20,000” $25,000 30,000 25,000 15,000 75,000 10,000 10,000 10,000” 13.
Page 2, line 25, after “designee”, insert “; PROVIDED THAT the allottee of funds appropriated under subsection 2 (a) of this act shall be the President of the COM-FSM Institute or his designee.” 14.
Page 3, line 2, after “designee”, insert “; PROVIDED THAT, the allottee of funds appropriated under subsections 3 (a) to 3 (l) of this act shall be the Mayor of Tafunsak Municipal Government or his designee; the allottee of funds appropriated under subsections 3 (m) to 3 (q) of this act shall be the Mayor of Lelu Municipal Government or his designee; the allottee of funds appropriated under subsections 4 (1) (e), 4 (2) (a), 4 (2) (b), 4 (2) (d) and 4 (2) (f) of this act shall be the Pohnpei Transportation Authority; the allottee of funds appropriated under subsections 4 (2) (c) of this act shall be the President of COM-FSM or his designee; the allottee of funds appropriated under subsections 4 (2) (e), 4 (2) (g), 4 (2) (h) and 4 (2) (i) of this act shall be the Secretary of the Department of Transportation, Communications and Infrastructure or his designee; the allottee of funds appropriated under subsections 4 (3) (g) and 4 (3) (m) of this act shall be the Lukenmenlap of Kitti; the allottee of funds appropriated under subsection 4 (3) (f) of this act shall be the FSM National Olympic Committee; the allottee of funds appropriated under subsections 4 (3) (h) and 4 (3) (l) of this act shall be the Chief Justice of Madolenihmw; the allottee of funds appropriated under subsection 4 (4) (c) of this act shall be the Mayor of Pingelap Municipal Government or his designee; the allottee of funds appropriated under subsection 4 (4) (d) of this act shall be the Mayor of Mwokilloa Municipal Government or his designee.” Date: July 3, 2018 Introduced by: /s/Paliknoa K. Welly Paliknoa K. Welly Purpose of the Amendment:To specify the use of funds and also name the allottee of certain funds appropriated under this act.
-132- July 04, 2018 CONGRESSIONAL JOURNAL – CLOSING DAY – 4SS – 20CFSM Chairman Figir: Second.

Speaker Simina: It has been moved and seconded that the offered floor amendment to C.B.

No.

20-213 by Chairman Welly be adopted.

Because of its length, we will be dispensed with its reading.

Discussions.

Floor Leader Harper: Mr. Speaker.

Speaker Simina: Floor Leader Harper.


Floor Leader Harper: Just to safeguard that we are not violating any of our rules, I move to suspend any rule that may impede our action on the said amendment.

Chairman Gouland: Second.

Speaker Simina: It has been moved and seconded that any and all 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 said rules are suspended at this point.

Are there any discussions?

Chairman Figir: Mr. Speaker.

Speaker Simina: Chairman Figir.

Chairman Figir: I have an oral amendment to the offered amendment by Chairman Welly.

Speaker Simina: Short recess.

Speaker Simina declared the Congress recessed at 11:14 a.m., subject to the call of the Chair.

The Congress reconvened at 11:21 a.m.

RECESS Speaker Simina: Congress comes back to session.
We are still on the offered floor amendment on C.B.

No.

20-213. Who goes first?

Yap will go with the bill.

So let us go with Pohnpei because Kosrae does not have.

Vice Speaker Moses: Thank you, Mr. Speaker.

I have an oral amendment I wish to make on the said amendment offered by Chairman Welly.

Speaker Simina: Proceed.

Vice Speaker Moses: On page 3, item 6(k) where it says purchase of coral material 15,000.

Delete the “15,000”, and insert “10,000”.


On item 6(l), delete it in its entirety, and insert “ED3 Xavier students’ first year tuition 15,000.” I so move Mr. Speaker.

Senator Neth: Second.

-133- July 04, 2018 CONGRESSIONAL JOURNAL – CLOSING DAY – 4SS – 20CFSM Speaker Simina: It is moved and seconded that the offered oral amendment to the proposed floor amendment be adopted.

Any discussion on the offered oral amendment?

So if none and no objection, discussion is closed.


All those in favor of the offered oral amendment say “aye” – opposed “nay”.

The motion is carried.

The offered oral amendment is adopted by Congress.

We still have the floor amendment as amended.

Senator Neth.

Senator Neth: Thank you, Mr. Speaker.

I have a minor amendment to the amendments and if I may ask the Chief Clerk to read it.

Speaker Simina: Chief Clerk, read the amendment into the record.
The Chief Clerk read the amendment: ED #2, boat and outboard motors purchase, add “for search and rescue”.

Speaker Simina: Okay, did you all get that?

Make your motion for adoption, Senator Neth.

Senator Neth: I so move, Mr. Speaker.

Chairman Perman: Second.

Speaker Simina: It is moved and seconded that the offered oral amendment by Senator Neth be adopted.

Discussion.

If none and no objection, discussion is closed.

All those in favor of the motion say “aye” – opposed “nay”.

The motion is carried.


The offered oral amendment has been adopted.

We now have the floor amendment amended twice.

Chuuk, do you have any amendments?

If none, are there any further discussions on the offered floor amendment C.B.

No.

20-213 as amended twice.

If none and no objection, discussion is closed.

All those in favor of the adoption of the offered floor amendment by Chairman Welly as amended twice say “aye” – opposed “nay”.

The motion is carried.


The offered floor amendment as amended twice has been adopted.

We now have CD1.

Any further discussion on CD1?

Chairman Figir.

Chairman Figir: Thank you, Mr. Speaker.

I have an oral amendment on the offered floor amendment C.B.

No.

20-213, CD1.

May offer the oral amendment?

Speaker Simina: Proceed.

Chairman Figir: Thank you, Mr. Speaker.

On C.B.

No.

20-213, CD1 is hereby amended to read as follows: 1.
Page 2, line 25, after the word “designee”, insert “except that the allottee of funds appropriated under subsection 2 insert (c) and (h), of this act shall be the President of the Federated States of Micronesia or his designee.” I so move, Mr. Speaker.

Chairman Urusemal: Second.

Speaker Simina: It has been moved and seconded that the offered oral amendment to C.B.

No.

20- 213, CD1 by Chairman Figir be adopted.

Discussion.

If none and no objection, debate is closed.

So let’s vote.
So let’s vote.

All those in favor of the adoption of the offered oral amendment by Chairman Figir say “aye” – opposed “nay”.

The motion is carried.

The offered oral amendment to C.B.

No.

20-213, CD1 by Chairman -134- July 04, 2018 CONGRESSIONAL JOURNAL – CLOSING DAY – 4SS – 20CFSM Figir is adopted.

We now have CD2.

Any further discussion on CD2?

If none and no objection, discussion is closed.

Let us vote by roll call of delegations.

The Chief Clerk took the roll call by States.


State of Chuuk: Chairman Aritos State of Pohnpei: Chairman Perman State of Kosrae: Chairman Welly State of Yap: Chairman Urusemal Aye Aye Aye Aye Chief Clerk: Mr. Speaker, all the four States voted for.

Speaker Simina: For that reason, C.B.

No.

20-213, CD2 has passed on Second and Final Reading.

Next bill.

C.B.

No.

20-209 (2nd Reading): To repeal in their entirety Public Laws Nos.
20-13 and 20-20 pertaining to the assets and liabilities of the Open Access Entity, and to reinstate the previous language of sections 203 and 389 of title 21 of the Code of the Federated States of Micronesia (Annotated), as amended, and for other purposes.

Speaker Simina: Chairman Gouland.

Chairman Gouland: Short recess, Mr. Speaker.

Speaker Simina declared the Congress recessed at 11:28 a.m., subject to the call of the Chair.

The Congress reconvened at 11:31 a.m.


RECESS Speaker Simina: Congress comes back to session.

We are still on C.B.

No.

20-209.

Chairman Gouland.

Chairman Gouland: I move for the passage of the bill (C.B.

No.

20-209) on Second and Final Reading.

Senator Konman: Second.

Speaker Simina: It has been moved and seconded that we pass on Second and Final Reading C.B.

No.

20-209.

Discussions?

Floor Leader Harper: Mr. Speaker.

Speaker Simina: Floor Leader Harper.


Floor Leader Harper: Thank you, Mr. Speaker.

I have a few minor questions so I understand what is going on.

First, who is really recommending us to repeal this public law?

Is it World Bank or other agencies or the Executive Branch or Telecom?
-135- July 04, 2018 CONGRESSIONAL JOURNAL – CLOSING DAY – 4SS – 20CFSM Speaker Simina: As far as I understand, it is one of our agreed commitments under the arrangements that we have made with World Bank that we repeal this, because they are inconsistent with current arrangement between Telecom and the Open Access Entity.

Floor Leader Harper: Thank you, Mr. Speaker.


My last question, I don’t think it is really relevant this bill here, but just to further my understanding of the problem in Chuuk, will the repealing of these two public laws try to resolve the problem Chuuk or will it aggravate the problem there?

Speaker Simina: My understanding is that the problem in Chuuk is internal between our two entities, the FSMTC and our Executive Branch because of the decision of the OAE to put the somewhere else.
My understanding is that they are currently working on resolving that to everything back to the FSM Telecom area.

That is my understanding.

Vice Speaker Moses: Mr. Speaker.

Speaker Simina: Vice Speaker Moses.

Vice Speaker Moses: Thank you, Mr. Speaker.

I believe when Congress passed these two bills or repeal, it was to address the issue of cooperation between the two entities that FSM owns so that they can provide each other services free of charge.
Now, since we passed these two bills, the two entities have signed together an agreement that takes care of this.

In one of the public hearings we had with the Department of TC&I, it was in the checklist of things to do after they signed the IRU Deed and they were meeting requirements.

One of the recommendations is that we repeal these two bills so that it does not run into with the IRU Deed which was the agreement signed together between the two entities.
If it may help on Chairman Urusemal’s concerns, it was another requirement that the OAE have funding available in case of an unforeseen issue that may arise with the cable from Guam to Yap.

They have since secured facilities that will insure the availability of funds if needed by the Open Access Entity to make repairs or address issues concerning the cable.

Thank you, Mr. Speaker.

Speaker Simina: Thank you, Vice Speaker Moses for the explanation.

Are there any further discussions?


If none, debate is closed.

Let’s vote by roll call of delegations.

Chairman Perman will cast the vote of Pohnpei.

The Chief Clerk took the roll call by States.

State of Chuuk: Chairman Aritos State of Pohnpei: Chairman Perman Chairman Perman: I yield the floor to Vice Speaker State of Pohnpei: Vice Speaker Moses State of Kosrae: Chairman Welly State of Yap: Chairman Urusemal Chief Clerk: Mr. Speaker, all the four States voted for.
Aye Aye Aye Aye Speaker Simina: For that reason, C.B.

No.

20-209 has passed on Second and Final Reading.

Next bill.

-136- July 04, 2018 CONGRESSIONAL JOURNAL – CLOSING DAY – 4SS – 20CFSM C.B.

No.

20-216 (2nd Reading): To amend Public Law No.

20-93, by amending section 1 thereof, to change the use of funds previously appropriated, to fund priority infrastructure projects and public projects and social programs in the state of Kosrae, and for other purposes.

Speaker Simina: Chairman Figir.


Chairman Figir: I move for the passage of the said bill (C.B.

No.

20-216).

Vice Speaker Moses: Second.

Speaker Simina: It has been moved and seconded that Congress pass on Second and Final Reading C.B.

No.

20-216.

Discussions?

If none, debate is closed.

Let’s vote by roll call of delegations.

Chairman Perman will cast the vote of Pohnpei.

Chief Clerk.

The Chief Clerk took the roll call by States.


State of Chuuk: Chairman Aritos State of Pohnpei: Chairman Perman State of Kosrae: Chairman Welly State of Yap: Chairman Urusemal Aye Aye Aye Aye Chief Clerk: Mr. Speaker, all the four States voted for.

Speaker Simina: For that reason, C.B.

No.

20-216 has been passed by Congress on Second and Final Reading.

Next bill.

C.B.

No.

20-217 (2nd Reading): To further amend Public Law No.

20-53, as amended by Public Laws Nos.


20-57, 20-61, 20-69 and 20-91, by amending section 2 thereof, to change the use of funds previously appropriated therein, for the purpose of funding priority infrastructure projects and other projects and social programs in the state of Kosrae, and for other purposes.

Speaker Simina: Chairman Figir.

Chairman Figir: I so move.

Chairman Welly: Second.

Speaker Simina: It has been moved and seconded that Congress pass on Second and Final Reading C.B.

No.

20-217.
No.

20-217.

Discussions?

If none, debate is closed.

Let’s vote by roll call of delegations.

Chief Clerk.

The Chief Clerk took the roll call by States.

State of Chuuk: Chairman Aritos State of Pohnpei: Chairman Perman State of Kosrae: Chairman Welly State of Yap: Chairman Urusemal Aye Aye Aye Aye -137- July 04, 2018 CONGRESSIONAL JOURNAL – CLOSING DAY – 4SS – 20CFSM Chief Clerk: Mr. Speaker, all the four States voted for.

Speaker Simina: For that reason, C.B.

No.


20-217 has passed on Second and Final Reading.

Next bill.

Chief Clerk: There are none.

Speaker Simina: Short recess.

Speaker Simina declared the Congress recessed at 11:39 a.m., subject to the call of the Chair.

The Congress reconvened at 11:46 a.m.

RECESS Speaker Simina: Congress comes back to session.

We are still on the Bill Calendar.

Chairman Perman: Mr. Speaker.

Speaker Simina: Chairman Perman.

Chairman Perman: Thank you, Mr. Speaker.


I would like to make a motion that Congress reconsiders C.B.

No.

20-211.

Vice Speaker Moses: Second.

Speaker Simina: It has been moved and seconded that Congress reconsider its action on C.B.

No.

20-211.

It is not subject to debate.

We need at least ten votes.

Roll call, Chief Clerk.

The Chief Clerk took the roll call by Members.


Senator Alik Senator Aritos Senator Figir Senator Gouland Floor Leader Harper Senator Konman Vice Speaker Moses Senator Neth Senator Panuelo Senator Perman Senator Romolow Senator Urusemal Senator Welly Speaker Simina Excused Aye Aye Aye Nay Aye Aye Aye Excused Aye Nay Nay Nay Aye Chief Clerk: Mr. Speaker, eight Members voted for the reconsideration.

Speaker Simina: For that reason, the reconsideration has not been passed.

Short recess.
Short recess.

-138- July 04, 2018 CONGRESSIONAL JOURNAL – CLOSING DAY – 4SS – 20CFSM Speaker Simina declared the Congress recessed at 11:48 a.m., subject to the call of the Chair.

RECESS The Congress reconvened at 11:49 a.m. Speaker Simina: Congress comes back to session.

Next item.

RESOLUTION CALENDAR Chairman Perman: Mr. Speaker.

Speaker Simina: Chairman Perman.

Chairman Perman: Thank you, Mr. Speaker.

I would like to make a motion to withdraw and place the following resolutions: C.R.

No.
No.

20-113, 20-114, 20-115, and 20-116.

I so move.

Senator Konman: Second.

Floor Leader Harper: Mr. Speaker, can we have a short recess?

Speaker Simina declared the Congress recessed at 11:50 a.m., subject to the call of the Chair.

The Congress reconvened at 11:51 a.m.

RECESS Speaker Simina: Congress comes back to session.

There was a motion, which was seconded, to withdraw and place the following resolutions on the Resolution Calendar: C.R.

No.

20-113, 20-114, 20- 115, and 20-116.


All those in favor of the motion say “aye” – opposed “nay”.

The motion is carried.

The resolutions are placed on the Resolution Calendar for action.

Chief Clerk, first reading.

C.R.

No.


20-113: Approving and accepting a grant in the amount of $291,556 from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, to fund and support for the implementation of the FSM’s CCC plan to reduce cancer burden in the FSM for the budget period from Jun 30, 2018, to June 29, 2019, including all the terms and conditions of the assistance.

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

Chairman Perman.

Chairman Perman: I so move for the adoption of C.R.

No.

20-113.

Senator Konman: Second.

Speaker Simina: It has been moved and seconded that Congress adopt C.R.

No.

20-113.

Discussions?

If none, debate is closed.

Let’s vote.

All those in favor of the adoption of C.R.

No.

-139- July 04, 2018 CONGRESSIONAL JOURNAL – CLOSING DAY – 4SS – 20CFSM 20-113 say “aye” – opposed “nay”.

The motion is carried.


The resolution, C.R.

No.

20-113, is now adopted by Congress.

Next resolution.

C.R.

No.

20-114: Approving and accepting a grant in the amount of $1,156,180 from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, to support and fund the FSM Immunization and Vaccines for Children Program, including all the terms and conditions of the assistance.

Speaker Simina: Chairman Perman.

Chairman Perman: I so move for the adoption of C.R.

No.
No.

20-114.

Chairman Welly: Second.

Speaker Simina: It has been moved and seconded that Congress adopt C.R.

No.

20-114.

Discussions?

Short recess.

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

Senator Tiwiter Aritos left the Chamber at 11:54 a.m.

The Congress reconvened at 11:58 a.m.

RECESS Speaker Simina: Congress comes back to session.

We are still on discussion of C.R.

No.

20-114.

Are there any further discussions?


If none, debate is closed.

Let’s vote.

All those in favor of the adoption of C.R.

No.

20-114 say “aye” – opposed “nay”.

The motion is carried.

The resolution, C.R.

No.

20-114, is adopted by Congress.

Next resolution.

C.R.

No.

20-115: Authorizing the President resubmit the nomination of Mr. Jolden J. Johnnyboy to serve as a member of the Office of the Telecommunication Regulation Authority of the Federated States of Micronesia.
Speaker Simina: Chairman Gouland.

Chairman Gouland: Thank you, Mr. Speaker.

I move that we adopt C.R.

No.

20-115.

Vice Speaker Moses: Second.

Speaker Simina: It has been moved and seconded that Congress pass C.R.

No.

20-115.

Discussion?

Floor Leader Harper: Mr. Speaker.

Speaker Simina: Floor Leader Harper.

Floor Leader Harper: Thank you, Mr. Speaker.

I just want to ask Chairman Gouland if he has already consulted Chairman Welly on this resolution.
-140- July 04, 2018 CONGRESSIONAL JOURNAL – CLOSING DAY – 4SS – 20CFSM Speaker Simina: Chairman Gouland.

Chairman Gouland: Yes, Mr. Speaker.

It has already been done.

Speaker Simina: Thank you.

Chairman Figir: Mr. Speaker.

Speaker Simina: Chairman Figir.

Chairman Figir: I would like to raise my concern.

If I support this resolution, my constituents will ask, “Why do you sit there and not making up your mind?
The Congress has spoken, yet you want to reconsider?” Although, it is allowed under our rule but when I support a nominee but others do not want to support it, and that it has already defeated twice, I think that is the end, unless someone can tell me that a new information just service to I can use it to justify my mind.

Speaker Simina: Thank you, Chairman Figir.

We are a compassionate people.

We serve our people.


We do have a change of heart from time to time so I supposed that is the purpose of this to make you go back and rethink your no vote.

So be it.

Are there any further discussions?

If none, debate is closed.

Let’s vote.

All those in favor of the adoption of the resolution, C.R.

No.

20-115, say “aye” – opposed “nay”.

The motion is carried.

The resolution, C.R.

No.

20-115, is adopted by Congress.

Next resolution.

C.R.

No.


20-116: Expressing the sincere condolences and sadness to the family of the late Dr. Alexander Panuelo at his passing on June 28, 2018.

Speaker Simina: Floor Leader Harper.

Floor Leader Harper: I move for the adoption of the said resolution, C.R.

No.

20-116.

Vice Speaker Moses: Second.

Speaker Simina: It has been moved and seconded that Congress adopt C.R.

No.

20-116.

Short recess.


Speaker Simina declared the Congress recessed at 12:00 p.m., subject to the call of the Chair.

The Congress reconvened at 12:00 p.m.

RECESS Speaker Simina: Congress comes back to session.

Are there any discussions on C.R.

No.

20-116?

If none, debate is closed.

Let’s vote.

All those in favor of the adoption of C.R.

No.

20-116 say “aye” – opposed “nay”.

The motion is carried.

The resolution, C.R.

No.

20-116, is adopted by Congress.

Next resolution.


Chief Clerk: There are none, Mr. Speaker.

Chairman Perman: Mr. Speaker.

Speaker Simina: Chairman Perman.

-141- July 04, 2018 CONGRESSIONAL JOURNAL – CLOSING DAY – 4SS – 20CFSM Chairman Perman: Mr. Speaker, I apologize that I overlooked two resolutions.

May I withdrawn and place them?

Speaker Simina: Proceed.

Chairman Perman: I make a resolution to withdraw and place C.R.

No.

20-110 and 120-111.

I so move.

Senator Konman: Second.


Speaker Simina: It has been moved and seconded that C.R.

Nos.

20-110 and 20-111 be withdrawn and placed on the Resolution Calendar for action.

The relevant rules are still suspended up to this point.

Short recess.

Speaker Simina declared the Congress recessed at 12:03 p.m., subject to the call of the Chair.

The Congress reconvened at 12:08 p.m.

RECESS Speaker Simina: Congress comes back to session.

Let’s vote.
Let’s vote.

All those in favor of the motion to withdraw and place C.R.

No.

20-110 and 20-111 say “aye” – opposed “nay”.

The motion is carried.

The resolutions, C.R.

Nos.

20-110 and 20-111, are now placed on the Calendar for action.

Chief Clerk, first resolution.

C.R.

No.


20-110: Approving and accepting a grant in the amount of $250,000 from the U.S. Department of Health and Human Services, Administration for Children and Families, to fund and support the Personal Responsibility Education Program in the FSM for the fiscal year 2018, 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.

20-110.

Senator Konman: Second.


Speaker Simina: It has been moved and seconded that Congress adopt C.R.

No.

20-110.

Discussions?

If none, debate is closed.

Let’s vote.

All those in favor of the adoption of C.R.

No.

20-110 say “aye” – opposed “nay”.

The motion is carried.

The resolution, C.R.

No.

20-110, is adopted by Congress.

Next resolution.

C.R.

No.


20-111: Approving and accepting a grant from the United Nations Children’s Fund (UNICEF) in the amount of $673,037, to fund the implementation of the Federated States of Micronesia-UNICEF Programme of Cooperation 2018-2022 and 2018- 2019 Work Plan, including all the terms and conditions of the assistance.

Speaker Simina: Chairman Perman.

Chairman Perman: I so move.

-142- July 04, 2018 CONGRESSIONAL JOURNAL – CLOSING DAY – 4SS – 20CFSM Vice Speaker Moses: Second.
Speaker Simina: It has been moved and seconded that Congress adopt C.R.

No.

20-111.

Discussions?

If none, debate is closed.

Let’s vote.

All those in favor of the adoption of C.R.

No.

20-11 say “aye” – opposed “nay”.

The motion is carried.

The resolution, C.R.

No.

20-111, is adopted by Congress.

Next resolution.

Chief Clerk: There are none, Mr. Speaker.

Speaker Simina: Short recess.

Speaker Simina declared the Congress recessed at 12:11 p.m., subject to the call of the Chair.
RECESS The Congress reconvened at 12:11 p.m. Speaker Simina: Congress comes back to session.

Next item.

INTRODUCTION OF BILLS None INTRODUCTION OF RESOLUTIONS C.R.

No.
No.

20-113: Introduced by: Floor Leader Harper (By request) Assigned to: H&SA Date introduced: July 04, 2018 Approving and accepting a grant in the amount of $291,556 from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, to fund and support for the implementation of the FSM’s CCC plan to reduce cancer burden in the FSM for the budget period from Jun 30, 2018, to June 29, 2019, including all the terms and conditions of the assistance.

C.R.

No.
C.R.

No.

20-114: Introduced by: Floor Leader Harper (By request) Assigned to: H&SA Date introduced: July 04, 2018 Approving and accepting a grant in the amount of $1,156,180 from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, to support and fund the FSM Immunization and Vaccines for Children Program, including all the terms and conditions of the assistance.

C.R.

No.
C.R.

No.

20-115: Introduced by: Senator Gouland Assigned to: T&C Date introduced: July 04, 2018 -143- July 04, 2018 CONGRESSIONAL JOURNAL – CLOSING DAY – 4SS – 20CFSM Authorizing the President resubmit the nomination 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.
C.R.

No.

20-116: Introduced by: Vice Speaker Moses Assigned to: None Date introduced: July 04, 2018 Expressing the sincere condolences and sadness to the family of the late Dr. Alexander Panuelo at his passing on June 28, 2018.

C.R.

No.

20-117: Introduced by: Floor Leader Harper Assigned to: None Date introduced: July 04, 2018 Extending the Fourth Special Session of the Twentieth Congress of the Federated States of Micronesia to July 5, 2018.
MISCELLANEOUS COMMUNICATIONS None MISCELLANEOUS BUSINESS Speaker Simina: Do you have any miscellaneous business?

Chairman Urusemal: Mr. Speaker.

Speaker Simina: Chairman Urusemal.

Chairman Urusemal: Thank you, Mr. Speaker.

I just wish to take this opportunity to express to all the Americans who are working for Congress and all of those residing in the FSM.

We congratulate them and to the United States for this special day today, Independence Day.

Speaker Simina: Thank you, Chairman Urusemal.


Indeed, Congress joins you in congratulating all of our American friends, American workers, and the United States government on the celebration of their independence on July 4th.

Floor Leader Harper: Mr. Speaker.

Speaker Simina: Yes, Floor Leader Harper.


Floor Leader Harper: I would like to follow suit of my brother to take this opportunity also to express on behalf of all the presiders our sincere thanks and gratitude to all our staffs and all honorable members who have put in hard work into this special session which has become a successful one, and I hope our staff will continue to do the same in future sessions of this Congress.

Thank you.
Thank you.

Speaker Simina: Thank you, Floor Leader Harper for expressing our usual gratitude to our staff and Members.

Any other Miscellaneous Business?

Vice Speaker, do you have any other Miscellaneous Business?

If none, then just to follow suit with Floor Leader Harper, I personally would really like to thank -144- July 04, 2018 CONGRESSIONAL JOURNAL – CLOSING DAY – 4SS – 20CFSM all of you for making this special session a really successful session.
I would like to again thank all the chairmen for their works on the budget.

I said, “No.” and pointed out during our opening that this should also be a continuation of our budget process deliberations, and I appreciate that fact that I have noticed that some of the Committees are pretty much done with the hearings.

So thank you and congratulations and I hope that in our session we come back and the budget will be pretty much done as soon as possible.

Chairman Welly.
Chairman Welly.

Chairman Welly: Thank you, Mr. Speaker.

No announcements.

Speaker Simina: Chairman Figir.

Chairman Figir: Short recess.

Speaker Simina declared the Congress recessed at 12:14 a.m., subject to the call of the Chair.

The Congress reconvened at 12:17 a.m.

RECESS Speaker Simina: Congress comes back to session.

Chairman Figir, any announcements?

Chairman Perman.

Chairman Perman: No announcements.

Speaker Simina: Chairman Romolow.

Chairman Panuelo.

Chairman Gouland.


Chairman Gouland: Thank you, Mr. Speaker.

I’m sorry to Members.

We will do one another hearing with the Department of T&C in the Hearing Room at noon, and Mr. Speaker I would like to make a request to you and all the presiding officers that my day will be on July 11 but I would like to ask in advance if there is anything that your office can provide to the individual.

Thank you.

Speaker Simina: Thank you, Chairman Gouland.

It is noted and we’ll think about it.


Chairman Urusemal: Point of information, Mr. Speaker.

Speaker Simina: State your point.

Chairman Urusemal: Is the good Chairman talking about noon for Yap/Chuuk time or Pohnpei/Kosrae?

Chairman Gouland: Where you are staying is where it applies to.

Chairman Urusemal: According to my time here, it says 12:20 p.m. Speaker Simina: So, I think we are using Chuuk time/Yap time.

Chairman Urusemal.

Any announcement?

Chairman Urusemal: Mr. Speaker, thank you very much.
I am very grateful for the one-week recess on your Committee of Education.

I am very relaxed.

My blood pressure is perhaps even lower than it should be.

So, I am glad and I think you should be congratulated especially Chairman for W&M for -145- July 04, 2018 CONGRESSIONAL JOURNAL – CLOSING DAY – 4SS – 20CFSM manoeuvring us through this ten-day session.
Though we didn’t all get to get what we wanted accomplished, but half way there like Floor Leader said, “A piece of cake is better than no cake at all.” So, your Committee will start working next session of this Congress.

Thank you.

Speaker Simina: Thank you, Chairman Urusemal for the high note that you have pointed out that your Committee will start working again.

I am beginning to worry that you wanted to take vacation all the time.

So, thank you for that statement.


Vice Speaker Moses, do you have any announcements?

Vice Speaker Moses: Thank you, Mr. Speaker.

We were informed by the President this morning, when he visited our campus here or our side of the campus, that he would like to invite Members of the Congress to Cliff Hotel.

Fish and pork will be served and sakau will start at 4:30.

And so that was his invitation to us this morning.

Speaker Simina: Thank you, Vice Speaker Moses.


We get to enjoy since we work too hard so we need to relax.

I mean it makes you an healthy individual so let’s all be there to enjoy the evening.

Senator Neth.

Senator Konman.

Make your motion for preparation of records and then your motion for adjournment sine die, Floor Leader Harper.
Floor Leader Harper: Mr. Speaker, I move that all the journals from our first day until the last day for this special session will be reviewed and be compiled by the appropriate staff and approved by the appropriate presiding officers.

Furthermore, if I may not be out of order, I move that this Fourth Special Session is now adjourn sine die.
Speaker Simina: Let us take the first motion that the Presiding Officers and staff are authorized to work on the Journals and Records of Congress on this Fourth Special Session and approved by the Presiding Officers.

All those in favor of the motion say “aye” – opposed “nay”.

The motion is carried.

So be it.

Now, we move to make a motion to adjourn sine die.

All those in favor of the motion say “aye” – opposed “nay”.

The motion is carried.

May we all rise.


I hereby declare this Fourth Special Session of this Twentieth Congress adjourn sine die.

Speaker Simina declared that the Congress adjourn sine-die at 12:22 p.m., Wednesday, July 04, 2018.

Respectfully submitted, Liwiana Ramon Ioanis Chief Clerk -146- 20th CONGRESS of the Federated States of Micronesia FOURTH SPECIAL SESSION Standing Committee Reports 147 STANDING COMMITTEE REPORT NO: 20-64 RE: C.A.

NO.

20-83 (P.C.

NO.


20-246)/W&M SUBJECT: LINE ITEM VETOES OVERRIDE OF C.A.

NO.
20-83 JUNE 27, 2018 The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fourth Special Session, 2018 Dear Mr. Speaker: Your Committee on Ways & Means, to which was referred Presidential Communication 20-246, regarding the line item vetoes of Congressional Act 20-83, entitled: “AN ACT TO APPROPRIATE THE SUM OF $800,000, OR SO MUCH AS MAY BE NECESSARY, FROM THE GENERAL FUND OF THE FEDERATED STATES OF MICRONESIA, FOR THE FISCAL YEAR ENDED 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.”, begs leave to report as follows: The intent and purpose of this act are expressed in its title.
Your Committee has reviewed Congressional Act No.

20-83 and the accompanying veto message (P.C.

No.

20-246).

Your Committee did not find any legal impediments or drafting errors in the Act.

Your Committee has determined that the line item vetoes are purely based on policy.

CONCLUSION Your Committee has reviewed the line item vetoes of Congressional Act.

No.

20-83 and the veto message.


Your Committee finds that the decision made by the Executive was made based on policy and not a violation of the law.

Your Committee disagrees with this policy decision and recommends overriding the line item vetoes of Congressional Act.

20-83.

-148- STANDING COMMITTEE REPORT NO: 20-64 RE: C.A.

NO.

20-83 (P.C.

NO.

20-246)/W&M SUBJECT: LINE ITEM VETOES OVERRIDE OF C.A.

NO.
NO.

20-83 JUNE 27, 2018 Respectfully submitted, Isaac V. Figir, chairman /s/ David W. Panuelo David W. Panuelo, member /s/ /s/ Victor V. Gouland Victor V. Gouland, member /s/ /s/ Ferny S. Perman Ferny S. Perman, member Robson U. Romolow, member Joseph J. Urusemal, member /s/ /s/ /s/ Paliknoa K. Welly Paliknoa K. Welly, member 149 STANDING COMMITTEE REPORT: NO: 20-65 RE: C.A.

NO.

20-86 (P.C.

NO.

20-249)/W&M SUBJECT: LINE ITEM VETOES OVERRIDE OF C.A.

NO.
NO.

20-86 JUNE 27, 2018 The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fourth Special Session, 2018 Dear Mr. Speaker: Your Committee on Ways & Means, to which was referred Presidential Communication 20-249, regarding the line item vetoes of Congressional Act 20-86, entitled: “AN ACT 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, 3, 4 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 STATES OF KOSRAE, POHNPEI AND CHUUK, AND FOR OTHER PURPOSES.”, begs leave to report as follows: The intent and purpose of this act are expressed in its title.

Your Committee has reviewed Congressional Act No.


20-86 and the accompanying veto message (P.C.

No.

20-249).

Your Committee did not find any legal impediments or drafting errors in the Act.

Your Committee has determined that the line item vetoes are purely based on policy.

CONCLUSION Your Committee has reviewed the line item vetoes of Congressional Act.

No.

20-86 and the veto message.


Your Committee finds that the decision made by the Executive was made based on policy and not a violation of the law.

Your Committee disagrees with this policy decision and recommends overriding the line item vetoes of Congressional Act.

20-86.

150 STANDING COMMITTEE REPORT NO: 20-65 RE: C.A.

NO.

20-86 (P.C.

NO.

20-249)/W&M SUBJECT: LINE ITEM VETOES OVERRIDE OF C.A.

NO.
NO.

20-86 JUNE 27, 2018 Respectfully submitted, Isaac V. Figir, chairman /s/ David W. Panuelo David W. Panuelo, member /s/ /s/ Victor V. Gouland Victor V. Gouland, member /s/ /s/ Ferny S. Perman Ferny S. Perman, member Robson U. Romolow, member Joseph J. Urusemal, member /s/ /s/ /s/ Paliknoa K. Welly Paliknoa K. Welly, member 151 STANDING COMMITTEE REPORT NO: 20-66 RE: C.A.

NO.

20-90 (P.C.

NO.

20-247) W&M SUBJECT: LINE ITEM VETOES OVERRIDE OF C.A.

NO.
20-90 JUNE 27, 2018 The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fourth Special Session, 2018 Dear Mr. Speaker: Your Committee on Ways & Means, to which was referred Presidential Communication 20-247, regarding the line item vetoes of Congressional Act 20-90, entitled: “AN ACT 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 FOR THE PEOPLE OF YAP, KOSRAE, POHNPEI AND CHUUK STATES, AND FOR OTHER PURPOSES.”, begs leave to report as follows: The intent and purpose of this act are expressed in its title.
Your Committee has reviewed Congressional Act No.

20-90 and the accompanying veto message (P.C.

No.

20-247).

Your Committee did not find any legal impediments or drafting errors in the Act.

Your Committee has determined that the line item vetoes are purely based on policy.

CONCLUSION Your Committee has reviewed the line item vetoes of Congressional Act.

No.

20-90 and the veto message.


Your Committee finds that the decision made by the Executive was made based on policy and not a violation of the law.

Your Committee disagrees with this policy decision and recommends overriding the line item vetoes of Congressional Act.

20-90.

152 STANDING COMMITTEE REPORT NO: 20-66 RE: C.A.

NO.

20-90 (P.C.

NO.

20-247) W&M SUBJECT: LINE ITEM VETOES OVERRIDE OF C.A.

NO.
NO.

20-90 JUNE 27, 2018 Respectfully submitted, Isaac V. Figir, chairman /s/ David W. Panuelo David W. Panuelo, member /s/ /s/ Victor V. Gouland Victor V. Gouland, member /s/ /s/ Ferny S. Perman Ferny S. Perman, member Robson U. Romolow, member Joseph J. Urusemal, member /s/ /s/ /s/ Paliknoa K. Welly Paliknoa K. Welly, member 153 STANDING COMMITTEE REPORT NO.

20-67 RE: C.B.

NO.
20-67 RE: C.B.

NO.

20-137/W&M SUBJECT: IMPORT TAX ON USED VEHICLES JUNE 29, 2018 The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fourth Special Session, 2018 Dear Mr. Speaker: Your Committee on Ways & Means, to which was referred C.B.
No 20-137, entitled: “A BILL FOR AN ACT TO AMEND SECTION 221 OF TITLE 54 OF THE CODE OF THE FEDERATED STATES OF MICRONESIA (ANNOTATED), AS AMENDED, TO INCREASE THE IMPORT DUTIES LEVIED ON USED VEHICLES, AND FOR OTHER PURPOSES.”, begs leave to report as follows: The intent purpose of this bill are expressed in its title: to raise the import tax on used vehicles (to 10%).

That will have two beneficial effects: 1.

2.


Increase revenues for the national and the state government (through revenue sharing) where the import is taking place.

to raise the cost of used cars, in order to discourage import of such cars.

It is the observation of your Committee that used cars have a limited life span and tend to break down quickly.

Many are left on the side of the road, causing a trash problem – attracting trash and being trash themselves.
The import of used cars are increasing throughout the country.

This measure is an attempt to curb the increase.

Your Committee on Ways & Means is in accord with the intent and purpose of C.B.

No.

20-137 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.

-154- STANDING COMMITTEE REPORT NO.

20-67 RE: C.B.

NO.
20-67 RE: C.B.

NO.

20-137/W&M SUBJECT: IMPORT TAX ON USED VEHICLES JUNE 29, 2018 Respectfully submitted, /s/ Isaac V. Figir Isaac V. Figir, chairman David W. Panuelo, member /s/ /s/ Victor V. Gouland Victor V. Gouland, member /s/ /s/ Ferny S. Perman Ferny S. Perman, member Robson U. Romolow, member Joseph J. Urusemal, member /s/ /s/ Joseph J. Urusemal /s/ Paliknoa K. Welly, member 155 STANDING COMMITTEE REPORT NO.

20-68 RE: C.R.

NO.

20-109/H&SA SUBJECT: TO CONFIRM THE NOMINATION OF MR. JESSE GILTAMAG.
JUNE 02, 2019 The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fourth Special Session, 2018 Dear Mr. Speaker: Your Committee on Health and Social Affairs to which was referred C.R.

No.

20-109, entitled: “A RESOLUTION TO CONFIRM THE NOMINATION OF MR. JESSE GILTAMAG TO SERVE AS A MEMBER OF THE MICARE BOARD OF DIRECTORS, REPRESENTING THE NATIONAL GOVERNMENT.”, begs leave to report as follows: The intent and purpose of this resolution are expressed in its title.
Your Committee held a hearing on June 29, 2018, the witnesses present included: the nominee, Mr. Jesse Giltamag, representatives from MiCare, including the Administrator and her key staff, as well as, a representative from the Board of Directors, and the representative from the President’s Office.
Your Committee recognizes the importance of detailed institutional knowledge of the Plan in order to ensure the welfare and sustainability of the Plan for future generations, and this 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 MiCare must be reviewed and maintained by an efficient Board of Directors.
This nominee has served well during his first term on the Board of Directors for MiCare, and as a result has been nominated by the President for a second term.

The nominee is well known to your Committee, and his many years of faithful government service is also well known.

This nominee is dedicated, competent and has great integrity.

All witnesses and the Committee have confidence in his ability.

The nominee has expressed his interest in continuing service as a member of the Board of Directors.
Both the Administrator and other members of the Board stated that the Plan has benefited from the nominee’s hard work.

Specifically, the nominee has great attention to detail and holds his ground in discussions.

He is not swayed by the majority if he believes differently on a matter and brings a perspective to meetings that has great merit.

The Committee notes that several important matters remain -156- STANDING COMMITTEE REPORT NO.

20-68 RE: C.R.

NO.
20-68 RE: C.R.

NO.

20-109/H&SA SUBJECT: TO CONFIRM THE NOMINATION OF MR. JESSE GILTAMAG.

JUNE 02, 2019 pending before the Board of Directors, and requests that the Board continue with this work as soon as possible.

The Committee reiterates that it was very impressed with the nominee’s responses and endorsements by the witnesses during the hearing and his previous work on the Board.
In light of the positive comments by the witnesses, and lack of any negative comment regarding this individual, your Committee strongly requests that this nominee be confirmed again for a second term as a member of the MiCare Board of Directors at the earliest possible convenience.

Your Committee on Health and Social Affairs is in accord with the intent and purpose of C.R.

No.

20-109, and recommends its adoption, in the form attached hereto.
Respectfully submitted, /s/ Ferny S. Perman Ferny S. Perman, chairman Alik L. Alik, vice chairman /s/ /s/ Tiwiter Aritos Tiwiter Aritos, member /s/ /s/ Florencio S. Harper Florencio S. Harper, member /s/ David W. Panuelo, member /s/ /s/ Joseph J. Urusemal Joseph J. Urusemal, member /s/ /s/ Derensio S. Konman Derensio S. Konman, member 157 STANDING COMMITTEE REPORT NO.

20-69 RE: C.B.

NO.
20-69 RE: C.B.

NO.

20-198/W&M SUBJECT: PERCENTAGE OF FISHING FEES AND REVENUES COLLECTED UNDER THE MRA SCHEME DEPOSITED INTO FSM TRUST FUND.

JULY 03, 2018 The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fourth Special Session, 2018 Dear Mr. Speaker: Your Committee on Ways and Means to which was referred C.B.

No.
No.

20-198, entitled: “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.”, begs leave to report as follows: The purpose and intent of this bill are described in the title.

It is twofold: 1.

To require depositing 20% of the fishing fees collected by the National Government under title 24 of the Code of the FSM to be deposited into the FSM Trust Fund; and 2.
To require depositing 100% of the revenues collected under the major corporations scheme (better known as the “MRA Scheme”) into the FSM Trust Fund.

With these measures the bill attempts to guarantee that at least $15 million a year get deposited into the FSM Trust Fund on a non-discretionary basis.

The bill attempts to do that by adding a new section 1222 of Title 55, and by amending Title 37 to require that 100% of a “tax on premium” be deposited into the FSM Trust Fund.
Your Committee solicited the comments of the Department of Finance and Administration.

The Department, by communication to the Speaker dated June 27, 2018, a copy of which was given to your Committee, states that it is in support of the bill.

The Department stated that: 1.

Amending section 1222 requiring 20% of the fishing fees to be deposited into the FSM Trust Fund will result in deposits totaling $12 to $14 million per annum -158- STANDING COMMITTEE REPORT NO.

20-69 RE: C.B.

NO.
20-69 RE: C.B.

NO.

20-198/W&M SUBJECT: PERCENTAGE OF FISHING FEES AND REVENUES COLLECTED UNDER THE MRA SCHEME DEPOSITED INTO FSM TRUST FUND.

JULY 03, 2018 2.

However, amending title 37 will only result in a deposit of $0.5 million.

The Department suggested that the bill targeted the wrong section of the law, and referred instead to Title 54 Section 321 as the section that generates most of the revenues under the MRA Scheme.
Your Committee defers to the technical knowledge of the Department of Finance and Administration and suggests the following amendments to the bill: 1.

In the title, delete “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.

18-17 ” and insert “add a new section 324 of title 54 of the Code of the Federated States of Micronesia (Annotated), as amended” in lieu thereof.

2.
2.

Delete section 2 of the bill and insert a new section 2 to read as follows: “Title 54 of the Code of the Federated States of Micronesia (Annotated), as amended, is hereby further amended by adding a new section 324, to read as follows: ‘Section 324: One hundred percent (100%) of the tax generated pursuant to section 321 of this subsection shall be deposited into the FSM Trust Fund.’ “ 3.

Delete section 3 of the bill and renumber the remaining sections accordingly.
Your Committee is in accord with the intent and purpose of C.B.

No.

20-198 as amended above and recommends its passage on First Reading in the form attached hereto as C.B.

No.

20-198, C.D.1.
No.

20-198, C.D.1.

Respectfully submitted, /s/ Isaac V. Figir Isaac V. Figir, chairman David W. Panuelo, member /s/ Victor V. Gouland, member /s/ /s/ Ferny S. Perman Ferny S. Perman, member /s/ Robson U. Romolow Robson U. Romolow, member /s/ Joseph J. Urusemal, member /s/ /s/ Paliknoa K. Welly Paliknoa K. Welly, member 159 STANDING COMMITTEE REPORT NO.

20-70 RE: C.R.

NO.
20-70 RE: C.R.

NO.

20-96/T&C SUBJECT: TO CONFIRM THE NOMINATION OF MR. JOLDEN J. JOHNNYBOY JULY 03, 2018 The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Third Special Session, 2017 Dear Mr. Speaker: Your committee on Transportation and Communication to which was referred C.R.
20-96, entitled: “A RESOLUTION TO CONFIRM THE NOMINATION OF MR. JOLDEN J. JOHNNYBOY TO SERVE AS A MEMBER OF THE OFFICE OF THE TELECOMMUNICATION REGULATION AUTHORITY OF THE FEDERATED STATES OF MICRONESIA.”, begs leave to report as follows: The intent and purpose of the resolution are expressed in its title.

Your Committee held a hearing on July 2, 2018.


The witnesses present included: the nominee, Mr. Jolden J. Johnnyboy, the Secretary of the Department of Transportation, Communications, & Infrastructure, Lukner B. Weilbacher, Aaron L. Warren, Project Coordinator, Department of Transportation, Communication, & Infrastructure and Leo Falcom, Chief of Staff of the Office of the President.

Your Chairman began the hearing by sharing his confidence in the Secretary’s recommendation of the nominee.
The Secretary shared that the nominee is qualified for the position and has extensive experience.

The Secretary shared his confidence that the nominee will perform well if confirmed to the position.

Mr. Warren also shared his confidence in the nominee.

He indicated he has been working alongside the nominee over the past few months and he feels confident in his abilities to the perform the duties of the job.

Mr. Falcom then spoke of the challenges that will be faced in this new position.
He shared that the President’s Office believes that there will be an overall benefit to the telecom services in the FSM when this position is filled and the office is functioning.

Mr. Falcom referenced the length of service of Mr. Johnnyboy and indicated his support for the nomination.

The nominee shared that he believes this role will primarily be to support the CEO of the newly formed regulatory body.
He believes that he will be able to work under the direction of the CEO and together with the consultants and advisors throughout the process.

-160- STANDING COMMITTEE REPORT NO.

20-70 RE: C.R.

NO.

20-96/T&C SUBJECT: TO CONFIRM THE NOMINATION OF MR. JOLDEN J. JOHNNYBOY JULY 03, 2018 Vice Speaker Moses expressed that he has worked in the past with the nominee and he shares the confidence of others with this appointment.
There was discussion regarding how the office will function and Mr. Warren testified that the office is independent and will have a 3-member board.

Initially, there will only be 2 members and the CEO will have the final say on decisions.

Mr. Warren also pointed out that the regulatory board will not develop national policy, but rather will follow the direction of the President in this area.

The nominee is well known to your Committee, and his many years of faithful government service is also well known.
This nominee is dedicated, competent and has great integrity.

All witnesses and the Committee have confidence in his ability.

The Committee was very impressed with the nominee’s testimony and endorsements by the witnesses during the hearing.
In light of the positive comments by the witnesses and the lack of any negative comments regarding this individual, your Committee requests that this nominee be confirmed as a member of the Office of the Telecommunication Regulation of the Federated States of Micronesia.

Your Committee on Transportation and Communication is in accord with the intent and purpose of C.R.

No.

20-96 and recommends its adoption in the form attached hereto as C.R.

No.

20-96, C.D.1.
No.

20-96, C.D.1.

Respectfully submitted, /s/ Victor V. Gouland Victor V. Gouland, chairman Alik L. Alik, vice chairman /s/ Florencio S. Harper Florencio S. Harper, member /s/ Ferny S. Perman Ferny S. Perman, member /s/ Dion G. Neth Dion G. Neth, member /s/ Wesley W. Simina Wesley W. Simina, member /s/ Joseph J. Urusemal Joseph J. Urusemal, member 161 STANDING COMMITTEE REPORT NO.

20-71 RE: C.R.

NO.
20-71 RE: C.R.

NO.

20-97/T&C SUBJECT: TO CONFIRM THE NOMINATION OF MR. TAKURO AKINAGA JULY 03, 2018 The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fourth Special Session, 2017 Dear Mr. Speaker: Your Committee on Transportation and Communication to which was referred C.R.
20-97, entitled: “A RESOLUTION 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.”, begs leave to report as follows: The intent and purpose of this resolution are expressed in its title.

Your Committee held a hearing on July 2, 2018.


The witnesses present included: the nominee, Mr. Takuro Akinaga, the Secretary of the Department of Transportation, Communications, & Infrastructure, Lukner B. Weilbacher, Aaron L. Warren, Project Coordinator, Department of Transportation, Communications & Infrastructure and Leo Falcam, Chief of Staff of the Office of the President.

Your Chairman began the hearing by sharing his confidence in the Secretary’s recommendation of the nominee.
The Secretary shared that the nominee is qualified for the position and has extensive experience.

The Secretary shared his confidence that the nominee will perform well if confirmed to the position.

Mr. Warren also shared his confidence in the nominee.

He indicated he has been working alongside the nominee over the past few months and he feels confident in his abilities to the perform the duties of the job.

Mr. Falcam then spoke of the challenges that will be faced in this new position.
He shared that the President’s Office believes that there will be an overall benefit to the telecom services in the FSM when this position is filled and the office is functioning.

Mr. Falcam referenced the historical expertise of Mr. Akinaga in addition to his outstanding reputation and character and indicated his support for the nomination.

The nominee shared that he believes this role will function to create an environment that operators can compete fairly.
He stressed that he has 35 years of experience in telecommunication in technical and management roles and he believes he has a lot to offer the position.

Vice Speaker Moses expressed that he has worked in the past with the nominee and he shares the confidence of others with this appointment.

-162- STANDING COMMITTEE REPORT NO.

20-71 RE: C.R.

NO.
20-71 RE: C.R.

NO.

20-97/T&C SUBJECT: TO CONFIRM THE NOMINATION OF MR. TAKURO AKINAGA JULY 03, 2018 Senator Perman inquired as to the specifics of the position, whether it will be a full time or part time position.

The response was that to for the initial 6-12 months of the appointment, the position will be full time.

However, each year the CEO will be required to submit a budget request to the President’s Office and they are prepared to make adjustments based on the time requirements of the position.
Mr. Falcam expressed that this is not an “on call” position, but rather a day-to-day regulator position.

He mentioned that initially a significant amount of time will be utilized by the promulgation of the regulations for the office.

There was discussion regarding how the office will function and Mr. Warren testified that the office is independent and will have a 3-member board.

Initially, there will only be 2 members and the CEO will have the final say on decisions.
Mr. Warren also pointed out that the regulatory board will not develop national policy, but rather will follow the direction of the President in this area.

The nominee is well known to your Committee, and his many years of faithful government service is also well known.

This nominee is dedicated, competent and has great integrity.

All witnesses and the Committee have confidence in his ability.
The Committee was very impressed with the nominee’s testimony and endorsements by the witnesses during the hearing.

In light of the positive comments by the witnesses and the lack of any negative comments regarding this individual, your Committee requests that this nominee be confirmed as the CEO of the Office of the Telecommunication Regulation of the Federated States of Micronesia.

Your Committee would like to offer the following technical amendment to read as follows: 1.
Page 1, line 14, delete “Regular” and insert “Special” in lieu thereof.

Your Committee on Transportation and Communication is in accord with the intent and purpose of C.R.

No.

20-96 and recommends its adoption in the form attached hereto as C.R.

No.

20-96, C.D.1.

163 STANDING COMMITTEE REPORT NO.

20-71 RE: C.R.

NO.
20-71 RE: C.R.

NO.

20-97/T&C SUBJECT: TO CONFIRM THE NOMINATION OF MR. TAKURO AKINAGA JULY 03, 2018 Respectfully submitted, /s/ Victor V. Gouland Victor V. Gouland, chairman Alik L. Alik, vice chairman /s/ Florencio S. Harper Florencio S. Harper, member /s/ Ferny S. Perman Ferny S. Perman, member /s/ Dion G. Neth Dion G. Neth, member /s/ Wesley W. Simina Wesley W. Simina, member /s/ Joseph J. Urusemal Joseph J. Urusemal, member -164- STANDING COMMITTEE REPORT NO.

20-72 RE: C.R.

NO.
20-72 RE: C.R.

NO.

20-83/J&GO SUBJECT: TO CONFIRM THE NOMINATION OF MR. RICHARD R. HERMES JULY 03, 2018 The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fourth Special Session, 2018 Dear Mr. Speaker: Your Committee on Judicial and Government Operations to which was referred C.R.
20-83, entitled: “A RESOLUTION TO CONFIRM THE NOMINATION OF MR. RICHARD R. HERMES TO SERVE AS AN ASSOCIATE JUSTICE OF THE SUPREME COURT OF THE FEDERATED STATES OF MICRONESIA.”, begs leave to report as follows: The intent and purpose of the resolution are expressed in its title.

Your Committee held a hearing on July 3, 2018.


The witnesses present included: the nominee Mr. Richard R. Hermes, the Chief Justice of the FSM Supreme Court, representatives from the FSM Supreme Court and the Office of the President.

Your Chairman began the hearing by welcoming all witnesses and the public to the hearing.

Congressman Neth began the questioning by asking how the nominee came to be nominated for the position.

Mr. Hermes indicated he left the FSM 10 years ago due to family obligations.
He stayed in touch with his friends and associates in the FSM and through networking and letting people know of his desire to return to the FSM, he gained the knowledge of the vacancy and the Chief Justice suggested he submit his statement of interest, which he did.

Floor Leader Harper asked if the nominee was aware of the salary and Mr. Hermes indicated he was aware and accepted the salary and benefits.
He also indicated that he planned to develop a means of supplementing the salary as it was a reduction from what he is currently making in private practice.

He indicated that he has taught many legal classes and hoped to find something he could do remotely.

Several of the senators expressed interest in how long the nominee planned to stay in the FSM.

Mr. Hermes indicated that this was his last career move and if appointed, he plans to remain in the FSM until retirement, possible at 65 or 70 years of age.
He indicated he is currently 59 years old.

Senator Welly asked the nominee about conflict cases.

Mr. Hermes shared his belief that he would have less conflict cases than someone who is a FSM citizen or has lived in the FSM for many years.

He 165 STANDING COMMITTEE REPORT NO.

20-72 RE: C.R.

NO.
20-72 RE: C.R.

NO.

20-83/J&GO SUBJECT: TO CONFIRM THE NOMINATION OF MR. RICHARD R. HERMES JULY 03, 2018 indicated that he does not have the extended family that local people would have which could create a large number of conflict cases.

Senator Welly also asked about the length of the appointment because in Kosrae the term is 6 years.

Mr. Hermes expressed his confidence that he will have only positive reviews and would be re-appointed because he would be a fair and professional justice.
The nominee shared that in the interest of transparency, he wanted to disclose that he had a past working relationship with Senator Welly when he worked in Kosrae and also that Senator Figir’s wife had worked for him when he worked in Yap.

There was a lengthy discussion regarding the intersection of the law and local customs and traditions.

The nominee indicated that he would have to learn the local customs and traditions.
He pointed out that the Constitution requires that the culture and tradition must be considered and preserved as much as possible.

Daniel Rescue Jr. pointed out that this issue has previously been handled by the courts by having expert witnesses, such as village chiefs or elders, testify as to what cultures and traditions would apply to the legal cases.
The Chief Justice indicated that the court had thoroughly vetted the nominee by reviewing his resume, letters of recommendation, writing sample and security clearances.

The court supports the nominee without reservation.

He stressed that the court has an immediate need to fill the vacancy, especially due to the high number of recusals the current justices have.
The Special Advisor to the President represented the President’s Office and he indicated that the President was in support of the nominee based on his extensive experience and knowledge.

He shared that the Nation would benefit if Mr. Hermes were to be confirmed.

The nominee has demonstrated that he has extensive legal experience, including many years of experience in the FSM.
He comes highly recommended by past colleagues both in the FSM and from his private practice in the U.S. Mr. Hermes is dedicated, competent and has great integrity.

All witnesses and the Committee have confidence in his ability.

The Committee was impressed with the nominee’s testimony and endorsements by the witnesses during the hearing.
In light of the positive comments by the witnesses and the lack of any negative comments regarding this individual, your Committee requests that this nominee be confirmed as an Associate Justice of the Supreme Court of the Federated States of Micronesia.

Your Committee would like to offer the following technical amendment to C.R.

No.

20-83 to read as follows: 1.

Page 1, line 11, delete “Third Regular” and insert “Fourth Special” in lieu thereof.
Your Committee on Judicial and Governmental Operations is in accord with the intent and purpose of C.R.

No.

20-83, and recommends its adoption in the form attached hereto as C.R.

NO.

20-83, C.D.1 166 STANDING COMMITTEE REPORT NO.

20-71 RE: C.R.

NO.
20-97/T&C SUBJECT: TO CONFIRM THE NOMINATION OF MR. TAKURO AKINAGA JULY 03, 2018 Respectfully submitted, /s/ Robson U. Romolow Robson U. Romolow, chairman /s/ Dion G. Neth Dion G. Neth, vice chairman /s/ Isaac V. Figir Isaac V. Figir, member /s/ Tiwiter Aritos Tiwiter Aritos, member /s/ Esmond B. Moses Esmond B. Moses, member /s/ Paliknoa K. Welly Paliknoa K. Welly, member /s/ Wesley W. Simina Wesley W. Simina, member -167- 20th CONGRESS of the Federated States of Micronesia FOURTH SPECIAL SESSION Special Committee Reports 168 SPECIAL COMMITTEE REPORT NO.
20-10 RE: COMMITTEE TO WAIT ON THE PRESIDENT JUNE 26, 2018 The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fourth Special Session, 2018 Dear Mr. Speaker: Your Committee to Wait on the President was duly appointed on June 25, 2018, consisting of members Ferny S. Perman, Tiwiter Aritos, and Alik L. Alik.

Senator Ferny S. Perman was designated as the Chairman.

The Committee met with the President on June 25, 2018, at noon, in the President’s Conference Room.
The President welcomed those members of Congress present and thanked them for attending.

Chairman Perman greeted the President and key members of the Executive Branch on behalf of Congress, and expressed appreciation for the opportunity to meet.

Chairman Perman reported that Congress was in session and was ready to transact business.
The President began the substantive portion of the meeting by presenting an agenda of action items that the Executive Branch would like to see prioritized during this session.
The President’s priority list is as follows: • Foreign investment legislation • Board nominations • Supplemental budget requests and amendments • Vocational education initiative (PATS) • Micro Games • H1 and Chief Mailo Vessels Foreign Investment Legislation The first item on the President’s priority list is foreign investment legislation.

Legislation amending the foreign investment laws of the F.S.M.

has been previously introduced during the Twentieth Congress (C.B.

No.

20-33 and C.B.

No.

20-192).


The President expressed a desire for Congress to take action on the outstanding legislation on this topic.

Board Nominations The second item on the President’s priority list is board nominations.

The President noted that the Executive Branch would be transmitting multiple board nominations for Congress to consider during this session.

The President expressed confidence and support for the chosen nominees.
In addition to certain board nominations, the President requested that Congress consider taking action on other nomination resolutions this session, including the nomination for the Associate Justice of the Supreme Court vacancy, and the nomination for the FSM Consul General – Guam vacancy.

-169- SPECIAL COMMITTEE REPORT NO.


20-10 RE: COMMITTEE TO WAIT ON THE PRESIDENT JUNE 26, 2018 Supplemental Budget Requests and Amendments The President noted that the anticipated reimbursements from World Bank have arrived, and that the Executive Branch would be transmitting two supplemental budget requests for Congress to consider during this session.
One request will be for funding to cover operational expenses of the National Government; a separate request will be for funding for various grants, subsidies and contributions.

The President noted that, in addition to his formal supplemental requests, the Executive Branch would also like to see a portion of the available revenue be appropriated to the FSM Trust Fund.
The President further requested that Congress consider making a small technical correction to the budget, changing the name of an existing line item from “GEF” to “GCF.” Vocational Education Initiative (PATS) The President discussed at some length a proposal to re-open PATS, a now-defunct vocational/trade school in Pohnpei.

He indicated that he has held talks with Jesuit officials about this possibility.
The President and his key staff stated that the Executive Branch would be requesting approximately $300,000 in the current supplemental budget in support of this project.

The President suggested, however, that he would like to see larger amounts of additional funds appropriated for this project, if possible.
The President stated that the estimated cost of opening the school and funding first-year operations would be approximately $2.7 million; the estimated cost of second-year operations would fall to approximately $844,000.

The President announced his intention to seek financial support from foreign governments to help fund this project.

According to the Executive Branch, the re-opened PATS school would be able to support approximately 125 students.
Micro Games The President stated that he views the upcoming Micro Games as a priority action item for the National Government.

The President and his key staff discussed the possibility of Congress entertaining additional appropriations to support the Micro Games, particularly for the Department of Justice, in order for the Department to effectively provide security and National Police assistance at the Micro Games.
The President suggested that the state governments should take primary responsibility for those teams representing their states.

The President reiterated that the National Government intends to play a major role in providing support to the state governments.

The President stated that the Executive Branch has been following the planning process for the Micro Games, and he offered his perspective on some of the details, including on the provision of food and per diem for Micro Games participants.
H1 and Chief Mailo Vessels The President thanked Congress for its previous appropriations in support of maintaining the H1.

The President stated that he finds it “refreshing” that the National Government will be able to continue utilizing the H1 and Chief Mailo ships.

He stated that the Executive Branch believes that these ships will be able to last for approximately ten more years, if properly cared for.

The Executive Branch will be requesting appropriations in support of this goal.
In particular, the Executive Branch will be requesting a $1.3 million dollar appropriation for the dry-docking of the Chief Mailo.

The President noted that, with the successful completion of maintenance on these two vessels, the National Government will have four major ships available for use.

The President stated that an operations budget request for the H1 is forthcoming.

-170- SPECIAL COMMITTEE REPORT NO.


20-10 RE: COMMITTEE TO WAIT ON THE PRESIDENT JUNE 26, 2018 Conclusion On behalf of the Committee, Chairman Perman thanked the President for his hospitality in hosting the meeting.

The Committee stated that it would share the President’s agenda with members of Congress.

The President stated that key departmental heads would be standing by throughout the session, ready to assist if needed.
The meeting concluded with mutual agreement to move forward on the above issues in a timely and cooperative manner.

The Committee is submitting a brief report at this time.

The Committee kindly requests that members of Congress address any further questions regarding this report to the members of the Committee during discussion of this report at session.
Respectfully submitted, /s/ Ferny S. Perman Ferny S. Perman, chairman /s/ Tiwiter Aritos Tiwiter Aritos, member /s/ Alik L. Alik Alik L. Alik, member -171- 20th CONGRESS of the Federated States of Micronesia FOURTH SPECIAL SESSION Presidential Communications -172- PRESIDENTIAL COMMUNICATIONS -No.
20-240 – (Dated 05.25.18 & received 05/28/18) – Transmitted a bill to establish the Competent Authority for the Federated States of Micronesia, which seeks to appropriate legal framework, mechanisms and standard operating procedures to verify the safety and merchantability of fish and fishery products for export to the EU and other similar markets.

-No.

20-241 – (Dated 05/30/18 & received 05/31/18) - Designated Congressional Act No.

20-87 as Public Law No.

20-84: “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.” -No.
20-242 – (Dated & received 05/31/18) - Designated Congressional Act No.

20-88 as Public Law No.

20-85: “to further amend Public Law No.

20-60, as amended by Public Laws Nos.

20-65 and 20-75 by amending sections 3 and 5 thereof, to change the use of funds previously appropriated therein, to fund public projects and social programs in the states of Kosrae and Chuuk, and for other purposes.” -No.
20-243 – (Dated 06/04/18 & received 06/05/18) - Transmitted a bill to appropriate $200,000 to be used to provide essential security arrangements and services for the delegations, VIPs and foreign dignitaries who will be attending the Micro Games in Yap.

-No.

20-244 – (Dated & received 06/13/18) – Transmitted a bill to designate an additional polling place in the Commonwealth of the Northern Mariana Islands (CNMI).

-No.

20-245 – (Dated 06/14/18 & received 06/15/18) - Designated Congressional Act No.
20-89 as Public Law No.

20-86: “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 the state of Pohnpei, to correct technical errors, and for other purposes.” -No.

20-246 – (Dated & received 06/22/18) - Designated Congressional Act No.

20-90 as Public Law No.


20-88, with certain line-item vetoes: “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.” -No.

20-247 – (Dated & received 06/22/18) - Designated Congressional Act No.
20-90, as Public Law No.

20-88, with certain line-item vetoes: “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 for the people in the states of Yap, Kosrae, Pohnpei and Chuuk, and for other purposes.” -173- Presidential Communications (continued p. 2) 20FSMC 4SS -No.

20-248 – (Dated & received 06/22/18) - Designated Congressional Act No.
20-84, as Public Law No.

20-89: “to further amend Public Law No.

20-68, as amended by Public Law No.

20-78, by amending sections 3?

(should be 4) 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.” -No.

20-249 – (Dated & received 06/22/18) – Designated Congressional Act No.

20-86 as Public Law No.

20-90: “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, 3,4 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 states of Kosrae, Pohnpei and Chuuk, and for other purposes.” -No.
20-250 – (Dated & received 06/22/18) – Transmitted a bill to appropriate $1.3 million to cover the cost of the dry-docking of M/V Chief Mailo.

-No.

20-251 – (Dated & received 06/25/18) -Transmitted a bill that appropriates $500,000 of public funds to support the court litigation and related proceedings between the FSM Government and PII.

-No.
-No.

20-252 – (Dated & received 06/25/18) – Transmitted the supplemental budget in the amount of $742,696 to supplement critical and urgent operational needs of the Executive Branch.

-No.

20-253 – (Dated & received 06/25/18) – Submitted the supplemental budget for the remainder of the fiscal year under Subsidy (section 8) and Capital Improvement Projects (section 9) of the FY18 annual budget.

-No.
-No.

20-254 – (Dated 06/25 & received 06/26/18) -Transmitted a nomination of Mr. Jesse Giltamag to continue serving as a member of the MiCare Board representing the National Government.

-No.
-No.

20-255 – (Dated & received 06/28/18) – Transmitted a foreign financial assistance in the amount of $673,037 from the United Nation Children’s Fund (UNICEF) given to the FSM Government to fund and support the implementation of the ongoing work towards the FSM-UNICF Programme of Cooperation 2018-20122 and the 2018-2019 work plan.

-No.
-No.

20-256 – (Dated 06/27/18 & received 06/28/18) – Transmitted a Resolution approving and accepting a grant in the amount of $250,000 from the U.S. Department of Health and Human Services Administration for Children and Families to fund and support the Personal Responsibility Education Program in the FSM.

-No.

20-257 – (Dated & received 06/28/18) – Returning Congressional Act No.

20-86, which Congress re- passed, as Public Law No.

20-91.

-No.
20-91.

-No.

20-258 – (Dated & received 06/28/18) – Returning Congressional Act No.

20-90, which Congress re- passed, as Public Law No.

20-92.

-No.

20-259 – (Dated & received 06/28/18) – Returning Congressional Act No.

20-83, which Congress re- passed, as Public Law No.

20-93.

-No.
20-93.

-No.

20-260 – (Dated 06/28/18 & received 06/29/18) – Transmitted a bill, which essentially gives the Secretary of Finance the power to utilize the expertise of qualified third-party appraisers to determine the value of assets valued at $10,000,000 or more.

-174- Presidential Communications (continued p. 3) 20FSMC 4SS -No.
20-261 – (Dated 06/28/18 & received 06/29/18) – Transmitting the nomination of Mr. Johannes T. Berdon to serve as a member of the Board of Regents of the College of Micronesia – FSM, representing the State of Chuuk.

-No.
-No.

20-262- (Dated 06/28/18 & received 06/29/18) – Transmitted a proposed resolution accepting a financial grant made available by the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention in the amount of $291,556 to continuously support and fund the FSM Comprehensive Cancer Control Plan.

-No.
-No.

20-263: (Dated & received 0/02/18)- Tranmistted a Resolution approving and accepting a grant assistance in the amount of $1,156,180 from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention to the FSM Deparment of Health and Social Affairs, Immunization and Vaccines for Children Program including all the terms and conditions of the assistance.
-175- 20th CONGRESS of the Federated States of Micronesia FOURTH SPECIAL SESSION FSM Supreme Court Communications -176- FSM SUPREME COURT COMMUNICATIONS -No.

20-13 – (Dated 06/13/18 & received 06/14/18) – 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.

P2-2017.

-No.
P2-2017.

-No.

20-14 – (Dated 06/13/18 & received 06/14/18) - 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.

P2-2017.

-177- 20th CONGRESS of the Federated States of Micronesia FOURTH SPECIAL SESSION Member Communications -178- Member Communications -No.
20-32 (Dated & received 07/02/18) – From Chairman Isaac V. Figir of the Committee on Ways & Means, submitting a trip report on the meeting with Mr. James Stovall and Lance Laack on the Compact History Project in Washington D.C. -179- 20th CONGRESS of the Federated States of Micronesia FOURTH SPECIAL SESSION Departmental Communications -180- DEPARTMENTAL COMMUNICATIONS -No.

20-46 – (Dated & received 4/23/18) – From the Hon.


Lorin S. Robert, Secretary, FSM Department of Foreign Affairs, extended an invitation to a reception on June 05, 2018 at Cliff Rainbow Hotel at 5:30 p.m. in honor of the Hon.

Julie Bishop, Foreign Minister of Australia, and her delegation.

-No.

20-47 – (Dated 06/07/18 & received 06/10/18) – From the Hon.

Lorin S. Robert, Secretary, FSM Department of Foreign Affairs, shared a Diplomatic Note No.
18-0123 from the U.S. Embassy advising of a visit by Assistant Secretary Douglas W. Domenech of the US Department of Interior and his delegation and requested for a courtesy call on June 21, 2018 at 11:00 a.m. -No.

20-48 – (Dated 06/06/18 & received 06/12/18) – From H.E.

Ambassador John Fritz of the FSM Embassy in Japan, transmitting an invitation from the Hon.
Bambang Soesatyo, Speaker of the House of Representatives of the Republic of Indonesia, to Speaker Simina to the ‘Indonesia- Pacific Partnership on Human Development and Maritime Sustainability to be held on 23-24 July 2018 in Jakarta, Indonesia.

-No.

20-49 – (Dated 06/18/18 & received 06/20/18) – From the Hon.
Lorin S. Robert, Secretary, FSM Department of Foreign Affairs, presenting compliments and informing of a visit by the UN Assistant Secretary, Mr. Haoliang Xu, to the FSM and requesting for a courtesy call on June 02, 2018 at 3:30 p.m. -No.

20-50 – (Dated 06/19/18 & received 06/20/18) – From Mrs. Sihna N. Lawrence, submitted the Updated Fiscal Year 2018 Revenue Projection and balance of funds, which includes $2 million from fishing fees and reimbursement of $11 million from the World Bank.

-No.
-No.

20-51 – (Dated 06/26/18 & received 06/27/18) – From Mr. Attorney General Joses R. Gallen, Sr., Secretary of Justice, responding to comments on the floor by Floor Leader Harper on June 25, 2018 regarding the process and status of contracts.

-No.
-No.

20-52 – (Dated & received 06/27/18) – From Mr. Kalwin L. Kephas, Secretary, FSM Department of Education, requesting for summer students (8th graders) and staff from certain schools in Sokehs Municipality to visit Congress on June 29, 2018 for educational purposes.

-No.

20-53 – (Dated & received 06/27/18) – From Mrs. Sihna N. Lawrence, Secretary, FSM Department of Finance & Administration, submitting comments on the impact of proposed changes to customs duties for used vehicles, relating to C.B.

No.
No.

20-137.

-No.

20-54 – (Dated & received 06/27/18) – From Mrs. Sihna N. Lawrence, Secretary, FSM Department of Finance & Administration, submitting comments on the impact of proposed changes to laws to allow for FSM Trust fund deposits, relating to C.B.

No.

20-198.

-No.

20-55- (Dated & received 07/03/18)- From Mrs. Sihna N. Lawrance, Secretary, FSM Department of Finance & Administration, providing reports on (a) Appropriations vs. Allotments; and (b) Allotments vs.

Expenditures.
Expenditures.

-181- 20th CONGRESS of the Federated States of Micronesia FOURTH SPECIAL SESSION Agency and Governmental Authority Communications -182- AGENCY AND GOVERNMENTAL AUTHORITY COMMUNICATIONS -No.

20-43 – (Dated 05/22/18 & received 05/28/18) – From Mr. Alexander R. Narruhn, Chairman, Insurance Board of the Government of the Federated States of Micronesia, submitted the 2017 Annual Report covering performance of the insurance system and activities of the Board.

-No.
-No.

20-44 – (Dated 05/28/18 & received 05/29/18) – From Mr. Eugene Pangelinan, Executive Director, NORMA, bringing to the attention of Congress upcoming conferences and meetings relating to fisheries (see communication for a detailed listing of meetings.)

-No.
-No.

20-45 – (Dated 05/28/18 & received 05/30/18) – From Ms. Arlynne Chugen, Administrator, FSM MiCare, sending an annual report on the status of the Plan covering periods of October 01, 2016 to September 30, 2017, and including the amount of premiums collected and interest earned during the year, the amount of money disbursed for claims, and costs of administration.

-No.
-No.

20-46 – (Dated 05/30/18 & received 05/31/18) – From Mr. Eugene Pangelinan, Executive Director, NORMA, announcing FSM’s withdrawal from hosting the 15th Annual Session of the WCPFC in December of this year due to certain factors.

-No.
-No.

20-47 – (Dated 06/29/18 & received 07/02/18) – From Mr. Haser Hainrick, Public Auditor, reporting that the FSM PA has completed a performance audit on the FSM Pacific Island Regional Oceanscape Program (PROP) Project for the period March 2015 to September 2017 as required by the financing agreement between the FSM Government and World Bank.

-183- 20th CONGRESS of the Federated States of Micronesia FOURTH SPECIAL SESSION State Communications -184- STATE COMMUNICATIONS -No.
20-20 – (Dated 05/30/18 & received 06/06/18) – From the Hon.

Tony Gannigyan, Governor, Yap State, inviting Speaker to the 2018 Micro Games in Yap.

-No.

20-21 – (Dated 06/06/18 & received 06/25/18) – From the Hon.

Johnson S. Elimo, Governor, Chuuk State, informing of a meeting on June 15, 2018 to discuss vital issues on economic prospects and financial status.

-NO.

20-22 – -No.
-NO.

20-22 – -No.

20-23 – (Dated 06/11/18 & received 06/25/18) – From Songkinita S. Bossy, Chief Clerk, Senate, 14th Chuuk State Legislature, transmitted certified copies of Senate Joint Resolution Nos.

14-18-SJR-08 and 14-18-SJR-09, which were adopted on 05/01/18 and 05/29/18 respectively.

(Refer to the communication for details of the Resolutions.)

(Dated 06/06/18 & received 06/26/18) – From Mr. Andy J. Andrew, Chief Clerk, Kosrae State Legislature, transmitted a certified copy of L.R.

No.
11-308, which was adopted during the 11th Kosrae State Legislature, 18th Special Session, 2018: “Requesting financial assistance from the Kosrae Delegation of the Twentieth Congress of the Federated States of Micronesia, particularly the two Congressmen from Kosrae, to fund all small grants, programs and activities de-funded under JEMCO Resolution 2017-2 for fiscal year 2019 and beyond.” -185- 20th CONGRESS of the Federated States of Micronesia FOURTH SPECIAL SESSION State Supreme Court Communications -186- STATE SUPREME COURT COMMUNICATIONS NONE -187- 20th CONGRESS of the Federated States of Micronesia FOURTH SPECIAL SESSION Municipal or Town Communications -188- -No.
20-04 - -No.
20-05 – MUNICIPAL OR TOWN COMMUNICATIONS (Dated 05/28/18 & received 05/29/18) – From Mr. Jose San Nicolas, Mayor, Kolonia Town, invited Speaker and members of Congress to the grand opening of the Kolonia Town Central Tennis Court, which was scheduled on Wednesday, May 30, 2018, at 4:00 p.m. (Dated 05/30/18 & received 05/31/18 - From Mr. Jose San Nicolas, Mayor, Kolonia Town, invited Speaker to attend the Closing Ceremony of the Police, Fire and Disaster Training, scheduled on June 01, 2018, at 5:00 p.m.in the Kolonia-China Friendship Gymnasium.
-189- 20th CONGRESS of the Federated States of Micronesia FOURTH SPECIAL SESSION Foreign Government Communications -190- FOREIGN GOVERNMENT COMMUNICATIONS -No.

20-43 – (Dated 05/10/18 & received 05/30/18) – From the Rt.

Hon.

Trevor Mallard, Speaker of the New Zealand of House of Representatives, to the 49th Presiding Officers and Clerk’s Conference (POCC) in 08-13 July 2018 in Wellington, NZ.

-No.

20-44 – (Dated May 25, 2018 & received 05/30/18) – From the Hon.
Bambang Soesatyo, Speaker of the House of Representatives of Republic of Indonesia, to Speaker Simina to the ‘Indonesia-Pacific Partnership on Human Development and Maritime Sustainability to be held on 23-24 July 2018 in Jakarta, Indonesia.

-No.

20-45 – (Dated 06/11/18 & received 06/12/18) – From the Hon.

Cyril Buraman, MP, Speaker of Parliament of Nauru, inviting Congress to attend the 82nd Council Meeting and the 48th General Assembly of APPU in Nauru, 23-to 26th September 2018.

-No.
-No.

20-46 – (Dated 06/22/18 & received 06/26/18) – From Hon.

Margareta Cederfelt, MP (Sweden), President, Parliamentarians for Global Action (PGA), and Vice President, OSCE Parliamentary Assembly (Parliamentary Assembly of the Organization for Security and Cooperation in Europe; and Hon.
Hryhoriy Nemyria, MP (Ukraine), Chair, Organizing Committee of the CAP-ICC Chair, Committee on Human Rights, National Minorities and Interethnic Relations, inviting Speaker to the 10th Consultative Assembly of Parliamentarians for the International Criminal Court and the Rule of Law (CAP-ICC) and 40th Annual Forum of PGA, 16-17 November 2018, in Kyiv, at the Parliament of Ukraine.
-191- 20th CONGRESS of the Federated States of Micronesia FOURTH SPECIAL SESSION Miscellaneous Communications -192- MISCELLANEOUS COMMUNICATIONS -No.

20-18 – (Dated & received 06/14/18) – From Ms. Elise A. Palsis and Mr. Rosen Nowell, the first recipients of the Strengthening Legislatures in the Pacific’ Project, coordinated by the UNDP, on their training on Inventory and Facility Management at the Hawaii State Legislature, 04-09 June 2018.

-No.
-No.

20-19 – (Dated 05/30/18 & received 06/04/18) – From Mrs. Stephanie Ritland, staff attorney, provided a brief summary of the meeting held with representatives of the World Bank on May 24 at 2:40 p.m. in the Members Lounge.

-No.

20-20 – (Dated 06/27/18 & received 06/29/18) – From Mr. Kembo Mida Jr., CEO, Chuuk CPUC, requesting support for CPUC Tonoas Power and Water Projects.
-193- 20th CONGRESS of the Federated States of Micronesia FOURTH SPECIAL SESSION Presidential Veto -194- Presidential Veto NONE -195- 20th CONGRESS of the Federated States of Micronesia FOURTH SPECIAL SESSION FSM CONSTITUTION -196- 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.
-197- 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.
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.
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.
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.
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 -198- CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA in the Federated States within 6 months after the effective date of this Constitution or within 6 months after his 18th birthday, whichever is later.
Section 6.

This Article may be applied retroactively.

ARTICLE IV Declaration of Rights Section 1.

No law may deny or impair freedom of expression, peaceable assembly, association, or petition.

Section 2.

No law may be passed respecting an establishment of religion or impairing the free exercise of religion, except that assistance may be provided to parochial schools for non-religious purposes.

Section 3.
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.
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.

-199- CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA Section 13.

Imprisonment for debt is prohibited.

ARTICLE V Traditional Rights Section 1.


Nothing in this Constitution takes away a role or function of a traditional leader as recognized by custom and tradition, or prevents a traditional leader from being recognized, honored, and given formal or functional roles at any level of government as may be prescribed by this Constitution or by statute.

Section 2.

The traditions of the people of the Federated States of Micronesia may be protected by statute.
If challenged as violative of Article IV, protection of Micronesian tradition shall be considered a compelling social purpose warranting such governmental action.

Section 3.

The Congress may establish, when needed, a Chamber of Chiefs consisting of traditional leaders from each state having such leaders, and of elected representatives from states having no traditional leaders.

The constitution of a state having traditional leaders may provide for an active, functional role for them.
ARTICLE VI Suffrage Section 1.

A citizen 18 years of age may vote in national elections.

The Congress shall prescribe a minimum period of local residence and provide for voter registration, disqualification for conviction of crime, and disqualification for mental incompetence or insanity.

Voting shall be secret.

ARTICLE VII Levels of Government Section 1.

The three levels of government in the Federated States of Micronesia are national, state, and local.
A state is not required to establish a new local government where none exists on the effective date of this Constitution.

Section 2.

A state shall have a democratic constitution.

ARTICLE VIII Powers of Government Section 1.

A power expressly delegated to the national government, or a power of such an indisputably national character as to be beyond the power of a state to control, is a national power.

Section 2.
Section 2.

A power not expressly delegated to the national government or prohibited to the states is a state power.

-200- 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; -201- CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA (q) to override a Presidential veto by not less than a ¾ vote of all the state delegations, each delegation casting one vote; and (r) to promote education and health by setting minimum standards, coordinating state activities relating to foreign assistance, providing training and assistance to the states and providing support for post-secondary educational programs and projects.
Section 3.

The following powers may be exercised concurrently by Congress and the states: (a) to appropriate public funds; (b) to borrow money on the public credit; and (c) to establish systems of social security and public welfare.

Section 4.

A treaty is ratified by vote of 2/3 of the members of Congress, except that a treaty delegating major powers of government of the Federated States of Micronesia to another government shall also require majority approval by the legislatures of 2/3 of the states.
Section 5.

National taxes shall be imposed uniformly.

Not less than 50% of the revenues shall be paid into the treasury of the state where collected.

Section 6.

Net revenue derived from ocean floor mineral resources exploited under Section 2(m) shall be divided equally between the national government and the appropriate state government.

Section 7.
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.

-202- CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA Section 10.

At least every 10 years Congress shall reapportion itself.

A state is entitled to at least one member of Congress on the basis of population in addition to the member elected at large.

A state shall apportion itself by law into single member congressional districts.
Each district shall be approximately equal in population after giving due regard to language, cultural, and geographic differences.

Section 11.

A state may provide that one of its seats is set aside for a traditional leader who shall be chosen as provided by statute for a two-year term, in lieu of one representative elected on the basis of population.

The number of congressional districts shall be reduced and reapportioned accordingly.

Section 12.

A vacancy in Congress is filled for the unexpired term.
In the absence of provision by law, an unexpired term is filled by special election, except that an unexpired term of less than one year is filled by appointment by the state chief executive.

Section 13.

A member of Congress may not hold another public office or employment.

During the term for which he is elected and three years thereafter, a member may not be elected or appointed to a public office or employment created by national statute during his term.
A member may not engage in any activity which conflicts with the proper discharge of his duties.

The Congress may prescribe further restrictions.

Section 14.

The Congress may prescribe an annual salary and allowances for members.

An increase of salary may not apply to the Congress enacting it.

Section 15.

A member of Congress is privileged from arrest during his attendance at Congress and while going to and from sessions, except for treason, felony, or breach of the peace.
A member answers only to Congress for his statements in Congress.

Section 16.

The Congress shall meet in regular, public session as prescribed by statute.

A special session may be convened at the call of the President of the Federated States of Micronesia, or by the presiding officer on the written request of 2/3 of the members.

Section 17.
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.
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.

-203- CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA Section 19.

The Congress shall keep and publish a journal of its proceedings.

A roll call vote entered on the journal shall be taken at the request of 1/5 of the members present.

Legislative proceedings shall be conducted in the English language.
A member may use his own language if not fluent in English, and Congress shall provide translation.

Section 20.

To become law, a bill must pass 2 readings on separate days.

To pass first reading a 2/3 vote of all members is required.

On final reading each state delegation shall cast one vote and a 2/3 vote of all the delegations is required.

All votes shall be entered on the journal.

Section 21.

(a) The Congress may make no law except by statute and may enact no statute except by bill.
The enacting clause of a bill is “BE IT ENACTED BY THE CONGRESS OF THE FEDERATED STATES OF MICRONESIA:” A bill may embrace but one subject expressed in its title.

A provision outside the subject expressed in the title is void.

(b) A law may not be amended or revised by reference to its title only.

The law as revised or section as amended shall be published and re-enacted at full length.

Section 22.

A bill passed by Congress shall be presented to the President for approval.
If he disapproves of the bill, he shall return it with his objections to Congress within 10 days.

If Congress has 10 or less days remaining in its session, or has adjourned, he shall return the bill within 30 days after presentation.

If the President does not return a bill within the appropriate period, it becomes law as if approved.

ARTICLE X Executive Section 1.

The executive power of the national government is vested in the President of the Federated States of Micronesia.
He is elected by Congress for a term of four years by a majority vote of all the members.

He may not serve for more than 2 consecutive terms.

Section 2.
The following powers are expressly delegated to the President: (a) to faithfully execute and implement the provisions of this Constitution and all national laws; (b) to receive all ambassadors and to conduct foreign affairs and the national defense in accordance with national law; (c) to grant pardons and reprieves, except that the chief executive of each state shall have this power concurrently with respect to persons convicted under state law; and (d) with the advice and consent of Congress, to appoint ambassadors; all judges of the Supreme Court and other courts prescribed by statute; the principal officers of executive -204- CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA 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: (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.
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.
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.
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.

-205- CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA 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.
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.
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 -206- 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.
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.

-207- CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA 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.
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.
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.
-208- CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA 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.
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.
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.
-209- CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA 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.

-210- 20th CONGRESS of the Federated States of Micronesia FOURTH SPECIAL SESSION OFFICIAL RULES OF PROCEDURE -211- OFFICIAL RULES OF PROCEDURE (As amended by C.R.

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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.

-212- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

No.

19-25) (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 -213- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

No.
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19-25) business at all sessions of the Congress held prior to convening the next Congress, provided that such Rules may be amended in accordance with Rule 15.

If any question of procedure arises which is not specified in these Rules, it shall be decided by the Speaker, subject to appeal to the Congress.

The Rules in force at the adjournment sine die of the last session of a Congress shall, until amended or changed, govern the organization of a new Congress.

Section 12.
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.

-214- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

No.
No.

19-25) (d) The Member elected as President shall retain his seat in the Congress until a vacancy has been declared after the election of the Vice President pursuant to section 17 of this rule.

Section 16.

Election of the Vice President.

(a) After the election of the President, the Members shall proceed to elect the Vice President of the Federated States of Micronesia.
Any Member may nominate a Member elected to a term of 4 years to become Vice President, except that the Member elected as President may not be nominated for Vice President.

When the nominations close, the balloting for Vice President shall be taken.

The Vice President shall be elected by a majority vote of all the members.

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.
(b) 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) (c) To assign to each Member a seat on the floor of the Congress; 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; -215- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.
No.
19-25) (g) To authenticate by his signature all official acts and papers of the Congress, and to transmit the same as required; (h) To make known rules of procedure and interpret such rules when so requested, and to decide points of order; (i) To direct the activities of the Clerk, Legislative Counsel, and other administrative officers and employees of the Congress, to oversee the administration of the business of the Congress, and to appoint an Acting Clerk in the absence of the Clerk; (j) To name, if he so desires, a Member to perform the duties of the Chair when the Vice Speaker and Floor Leader are not available to perform such duties, which Member shall be known as Speaker pro tempore while so serving, but such substitution shall not extend beyond an adjournment of any session; (k) To administer the oath to public officials or to direct the Floor Leader to administer the oath to any Member from time to time; and (l) To do and perform such other duties as may be required by law, these Rules, and as may properly appertain to the Office of Speaker.
Section 3.

Vice Speaker.

It shall be the duty of the Vice Speaker to exercise all the duties and powers of the Speaker in the latter’s absence.

Section 4.

Floor Leader.
It shall be the duty of the Floor Leader: (a) To serve as Floor Leader during sessions of the Congress, proposing routine motions which contribute to the orderly and speedy conduct of business, and to act as floor manager in aid of the speedy disposition of a bill or resolution when a Member so responsible does not assume this task; (b) from time to time; To administer the oath to any Member as may be directed by the Speaker (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) (b) To act as counsel and legal adviser to the Congress; 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) (e) To draft bills and resolutions as needed or requested; To advise the Congress of needed revisions to laws or bills to bring them -216- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.
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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) (f) To prepare all bills, resolutions, and other matters; 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) (b) To attend the daily sessions of the Congress unless excused by the Speaker; To maintain order among those present as spectators; -217- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

No.
19-25) (c) communications; (d) (e) (f) the same in custody; To give notice to the Presiding Officer of the attendance of any person with To attend committee meetings if so requested; To serve all orders or process as directed by the Speaker; To make all required arrests of Members or other persons and to restrain (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 place and facilities which will not interfere with the operations of the Congress.

-218- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

No.

19-25) 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 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 -219- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

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19-25) 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.
Presidential Communications; FSM Supreme Court Communications; (a) Call to Order; (b) Moment of Silent Prayer; (c) Roll Call; (d) Reading of the Journal; (e) (f) (g) Member Communications; (h) Departmental Communications; (i) Agency or Governmental Authority Communications; (j) (k) (l) Municipal or Town Communications; State Communications; State Supreme Court Communications; Foreign Government Communications; Standing Committee Reports; Special Committee Reports; (m) (n) (o) (p) Unfinished Business; (q) Bill Calendar; (r) Resolution Calendar; (s) (t) Miscellaneous Communications; (u) Miscellaneous Business; (v) Announcements; (w) Recess.
Introduction of Bills and Resolutions; 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.

-220- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

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19-25) RULE 6.

COMMITTEES GENERALLY.


Section 1.

Types of committees.

There shall be seven standing committees established by the Rules.

The standing committees shall be organized pursuant to Rules 6 and 7.

Special committees shall be established by the Speaker as required to consider and report on such special or temporary matters as are referred to them.
Special committees shall be temporary committees, which shall remain in existence until discharged by the Speaker, subject to appeal to the Congress.

The Congress may resolve itself into the Committee of the Whole, consisting of the entire membership of the Congress, whenever it decides to consider a matter as a committee.

The Committee of the Whole shall remain in being until such time as it dissolves itself and reports back to the Congress.

Section 2.

Orders of the Congress.


All committees of the Congress shall be subject to the orders of the Congress and shall faithfully carry out such orders.

Section 3.

Powers and authority of committees.


Each committee is hereby authorized to study and analyze all facts relating to the subjects which would fall within its jurisdiction as indicated by rule 6, section 1, or rule 7, sections 1 to 7, including, but not limited to, a needed revision of the laws or needed legislation relating to that subject, and for such purposes shall constitute an investigating committee pursuant to 3 F.S.M.C.

401, et seq., as amended.


Witnesses may be summoned and examined, and documents and records may be searched and examined in accordance with 3 F.S.M.C.

401, et seq., as amended, and everything shall be done to bring all facts pertaining to the matter before the Congress.

Section 4.

Duties of committees.


It shall be the duty of a committee to make diligent and careful inquiry and investigation into all of the facts and circumstances connected with any bill, resolution, or matter referred to it, or any needed revision of the laws or needed legislation relating to a subject within its jurisdiction.

Section 5.

Structure of committees.

(a) Subcommittees may be created within standing committees to facilitate the work of the standing committees.
The members of the committee shall decide whether or not a subcommittee needs to be created, and which subjects the subcommittee will have jurisdiction over.

Each subcommittee shall have at least three members, including a chairman and a vice chairman.

The members of the subcommittee shall be chosen by the members of the committee.

The chairman and vice chairman of the subcommittee shall be chosen by the members of each subcommittee.
(b) Subcommittees shall submit their reports in writing to the chairman of the standing committee.

(c) Apart from the requirements of subsections (a) and (b) above, the rules applicable to committees apply with equal force to subcommittees of standing committees.

-221- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

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19-25) Section 6.

Meetings.


(a) Meetings of the committees, including the Committee of the Whole, shall be open to the public unless a majority of the members thereof determine otherwise.

No committee shall sit at a time when the Congress is in session without permission of the Congress.

(b) The chairman of any standing or special committee may arrange for the joint meeting of his committee with another committee to conduct their business jointly.
Final action shall be taken by each committee separately.

Section 7.

Appointments of members.

(a) Members of special committees shall be appointed by the Speaker, subject to appeal to the Congress.

(b) Members of standing committees shall be appointed by the Speaker, after consultation with the Members of the Congress as to the committee or committees on which each prefers to serve, subject to appeal to the Congress.

(c) No Member may serve on more than four standing committees.
This subsection shall not apply if there are one or more vacancies in a State’s Congressional Delegation and the application of this subsection would deprive that State of fair representation on one or more standing committees.

Section 8.

Chairman and vice chairman.

(a) The chairman of each standing committee or special committee, and the chairman for each continuous session of the Committee of the Whole, shall be appointed by the Speaker, subject to appeal to the Congress.
A vice chairman shall be chosen by the members of each standing committee.

(b) The chairman of each committee shall call meetings, preside at committee meetings, prepare and post the agenda, invite witnesses to appear before the committee, and prepare committee reports subject to the requirements of the Rules.

The vice chairman shall perform the duties of the chairman in his absence.
(c) A Member of Congress who serves as a chairman of a standing committee may not serve as a chairman or vice chairman of another standing committee.

The Speaker, Vice Speaker and Floor Leader may not serve as a chairman or vice chairman of any standing committee.

Section 9.

Committee reports.

(a) Special committees shall report within the time allowed by the Speaker.
Standing and special committees shall submit their reports in writing to the Clerk who shall number the reports consecutively in the order received, cause such reports to be reproduced, and furnish a copy to each Member of the Congress.

A committee report shall state findings of fact and conclusions based thereon together with a specific recommendation as to the manner in which the bill, resolution, or other matter referred to the committee should be disposed of by the Congress.
A report recommending a bill for passage shall clearly state the purpose of the bill and the intent of the legislation.

A report upon a bill shall state clearly any proposed amendments thereto, and a -222- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

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19-25) copy of the bill as proposed to be amended by the committee shall be attached thereto.
(b) A report shall be considered adopted by a committee when a majority of the members of the committee has signed the report concurring therein.

A member or members not concurring in the report of the majority may so indicate by signing the report “I do not concur” or by submitting a separate minority report.

(c) A committee shall report to the Congress all actions taken on any matter referred to it.

Section 10.

Rights of members.


A majority of the members of a committee may require the chairman to place any bill, resolution, or other matter referred to the committee on the agenda for committee consideration and to submit such a bill, resolution, or other matter to the committee for its decision.

Section 11.

Withdrawal of bills, resolutions, and other matters from committee.
Any bill, resolution, or other matter referred to a committee at a regular session may be withdrawn from such committee on or after the fifteenth day of the session by an affirmative vote of a majority of the Members of the Congress present, a quorum being present, provided that the bill, resolution, or other matter shall have been referred to committee six or more days prior to recall.
Any bill, resolution, or other matter referred to a committee at a special session may be withdrawn by affirmative vote of a majority of the Members of the Congress present, a quorum being present, after half of the period for which the session was called has elapsed.

RULE 7.

STANDING COMMITTEES.

The standing committees of the Congress of the Federated States of Micronesia shall be as specified herein as follows: Section 1.

Ways and Means.
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.
-223- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

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19-25) (b) This committee shall be responsible for reviewing specific subjects in the budget of the President, and all supplementals thereto, which make a request for an appropriation, which relates to a subject matter within its jurisdiction.
Pursuant to its review the committee shall recommend whether the matters referred to it, or portions thereof, will be authorized, and if so, in what amount.

Following its review, the committee shall promptly report its recommendation to the Congress.
Those subjects which fall within the jurisdiction of this committee include, but are not limited to, the following: (i) Department of Finance and Administration; (ii) Office of the President; (iii) Office of Statistics, Budget, Overseas Development Assistance and Compact Management; and (iv) Public Auditor; (c) This committee shall be responsible for reviewing all reports referred to it by the Congress from other standing committees as pertain to the budget of the President and all supplementals thereto.
Pursuant to said review this committee shall determine to what extent funds are available to meet the recommendations of the committee, which authored the referred report.

After this determination has been made, this committee shall promptly report its recommendation to the Congress.

In no instance may this committee recommend an appropriation in an amount higher than that recommended by the Committee which authored the referred report.
However, this committee may recommend an appropriation in a lower amount if funds are determined to be insufficient to meet the recommendations contained in the referred report.

Section 2.

Resources and Development.

(a) The Committee on Resources and Development shall consist of not more than seven members with at least one member from each of the four States.
It shall be the duty of this committee to consider and report on all bills, resolutions, and other matters referred to it pertaining to the economy of the Federated States of Micronesia and the resources thereof, including economic planning, priorities, and policies; public or private investments; development loans; foreign investment; business registration and regulations; private savings and indebtedness; bankruptcy and insolvency; secured transactions; usury and banking; insurance regulation; labor and manpower development; agriculture, forestry, and internal fisheries development; exploitation of land-based mineral resources; land management, industries, and public utilities; interstate trade and commerce; intellectual property rights; regulation and management of ownership, exploitation, and exploration of mineral or natural resources within marine space of the Federated States of Micronesia beyond 12 nautical miles from baselines; and other related subjects, including Presidential nominations submitted to the Speaker which require the advice and consent of Congress.
It shall be the duty of this committee to consider, investigate, and recommend to the Congress any needed revisions of existing laws or new legislation relating to any subject matter within its jurisdiction.

(b) This committee shall be responsible for reviewing specific subjects in the budget of the President, and all supplementals thereto, which make a request for an appropriation, which relates to a subject matter within its jurisdiction.
Pursuant to its review the committee shall -224- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

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19-25) recommend whether the matters referred to it, or portions thereof, will be authorized, and if so, in what amount.

Following its review the committee shall promptly report its recommendation to the Congress.
Those subjects which fall within the jurisdiction of this committee include, but are not limited to, the following: Department of Resources and Development; Pacific Asian Travel Association; (i) (ii) (iii) National Oceanic Resource Management Authority; (iv) (v) Office of Environment and Emergency Management.

Pacific Island Development Program; and 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 -225- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.
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19-25) 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 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) (ii) Department of Foreign Affairs; United Nations Economic & Social Commission for Asia and the Pacific; -226- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

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19-25) (iii) (iv) South Pacific Commission; and International Civil Aviation Organization.

Section 6.

Transportation and Communications.


(a) The Committee on Transportation and Communications shall consist of not more than seven members with at least one member from each of the four States.
It shall be the duty of this committee to consider and report on all bills, resolutions, and other matters referred to it pertaining to all forms of communications, including, but not limited to, telephone, telegraph, radio, television, and shortwave; regulation of broadcasting and broadcast facilities; land, sea, and air transportation, including regulation and management of navigation and shipping; aeronautics and air navigational facilities; and other related subjects, including Presidential nominations submitted to the Speaker which require the advice and consent of Congress.
It shall be the duty of this committee to consider, investigate, and recommend to the Congress any needed revisions of existing laws or new legislation relating to any subject matter within its jurisdiction.

(b) This committee shall be responsible for reviewing specific subjects in the budget of the President, and all supplementals thereto, which make a request for an appropriation which relates to a subject matter within its jurisdiction.
Pursuant to its review the committee shall recommend whether the matters referred to it, or portions thereof, will be authorized, and if so, in what amount.

Following its review the committee shall promptly report its recommendation to the Congress.

Those subjects which fall within the jurisdiction of this committee include, but are not limited to, the following: (i) Department of Transportation, Communication and Infrastructure; and (ii) Telecommunications Corporation.

Section 7.
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 -227- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

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19-25) 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.

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: Congress; and (a) Congressional Bill (C.B.

), which shall identify bills introduced in the (b) Congressional Resolution (C.R.

), which shall identify resolutions introduced in the Congress.

Section 3.

(a) Format of bills and resolutions.


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 -228- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

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19-25) (c) Not amend or revise an existing law by reference to its title only, but the law as revised, or section as amended, shall be set forth at full length in the bill.

Section 6.

Deadlines for introduction and calendaring of bills and resolutions.
To promote the orderly consideration of matters before Congress, the Speaker, in any session, may establish a date after which no further bills or resolutions may be introduced, and a date after which no further bills or resolutions may be placed on the Bill or Resolution Calendar for consideration during that session.

In establishing such deadlines, the Speaker may place such limitations on the effect of the deadlines or create such exceptions as he deems appropriate.

Section 7.
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: Pass First and Second Readings; (i) (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.
-229- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

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19-25) 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 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.
-230- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

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19-25) 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, 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.

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.

RULE 9.

MOTIONS.
RULE 9.

MOTIONS.

-231- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

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19-25) 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: (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.

-232- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

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19-25) (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.

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 -233- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

No.

19-25) proceedings and permit the mover to make his motion.

The motion shall be decided without debate and be put to vote as soon as made.

The motion, if adopted, shall remain in effect until adjournment or the call of the Congress is removed by action of the Speaker, subject to appeal to the Congress.
The Speaker may order a call of the Congress, subject to appeal to the Congress.

(g) A Member may move to remove a bill or resolution from the table at an appropriate time in the order of business of the Congress.

The motion shall be decided without debate and shall be put to vote as soon as made.

(h) A Member may move to suspend one or more sections or paragraphs of the Rules.
Such a motion shall state the specific purpose to be accomplished by suspension of the Rules and the specific sections or paragraphs of the Rules which shall be suspended.

When a Member moves for suspension of the Rules, the Speaker shall permit the mover to make his motion.

The motion shall be decided without debate and shall be put to vote as soon as made, and shall require an affirmative vote by two-thirds of the Members present for adoption.
Any suspension of the Rules shall terminate when the specific purpose to be accomplished by suspension of the Rules has been disposed of by the Congress.

Section 6.

Motion to reconsider.

When a main motion has been made once and carried in the affirmative or negative, it shall be in order for any Member of the Congress to move to reconsider it on the same or succeeding days of the session.
Such motion shall take precedence over all other motions except a motion to adjourn or to recess or a motion to recall.

The motion shall be decided without debate and shall be put to a vote as soon as made.

The motion to reconsider shall be deemed to have passed if the number of affirmative votes equals or exceeds the number required for passage of the main motion being reconsidered.
When a motion for reconsideration has been decided, a second motion for reconsideration of the same question shall not be in order.

Section 7.

Motion to recall.
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.
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 -234- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

No.

19-25) question before the Congress for a vote.

Section 1.

Methods of voting.

There shall be four methods of voting: RULE 10.

VOTING.
VOTING.

(a) By voice vote; (b) By the raising of hands; (c) By secret ballot; and (d) By call of the roll of the Members and recording of the vote of each Member by the Clerk.

Section 2.

Choice of method of voting.

The Speaker may designate the method of voting to be followed by the Congress in determining a question, subject to the provisions of this rule.

Section 3.

Voice vote.

Voice vote shall be the usual and ordinary method of voting in the Congress.
Whenever the Congress shall be ready to vote on any question, the Speaker shall state the question.

He shall then request all those in favor of the motion to vote “Aye” in a clear, loud voice.

The Speaker shall then request all those opposed to the motion to vote “No” in a clear, loud voice.

The Speaker shall then announce the results of the vote to the Congress.

Section 4.

Raising of hands.

If the Speaker so determines, the vote shall be by the raising of hands.

The Speaker shall state the question.


He shall then call upon those in favor of the motion to raise their right hands.

The Clerk shall count the number of hands raised and report to the Speaker.

The Speaker shall then call upon those opposed to the motion to raise their right hands.

The Clerk shall count the number of hands raised and report to the Speaker.

Section 5.

Secret ballot.


If three Members shall request a vote by secret ballot, the Speaker shall conduct such a vote, provided that at the time of such request, a roll call vote is not required or has not been requested.
The Clerk shall distribute ballots to the Members, restate the question, and instruct those in favor of the motion to write “Yes” on their ballots and those opposed to write “No.” If a Member writes “Abstain” or makes any other mark on his ballot other than “Yes” or “No,” it shall be recorded as if he had written “Yes.” The Clerk shall collect and tally the ballots and report the results thereof to the Speaker who shall announce the results of the vote to the Congress.
The ballots shall be available during the remainder of that day’s session for inspection by any Member.

Section 6.

Call of the roll.

If one-fifth of the Members present shall request a call of the roll or if such a call is required by these Rules or the applicable provisions of law, then the Speaker shall announce a call of the roll.
The Speaker shall state the question calling upon those in favor of the motion to respond “Aye” when their names are called and those opposed to respond “No” when their names are called.

The Clerk shall call the roll, recording the vote of each Member in the Journal.

He shall inform the Speaker of the results of the call of the roll who shall, in turn, announce the results of the vote to the Congress.
-235- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

No.

19-25) Section 7.

Nonvoting.

No Member present in the Congress shall refrain from voting unless excused in accordance with section 8 of this rule.
A Member who is present who fails to respond to the call of his name upon a call of the roll shall be individually instructed by the Speaker to respond “Aye” or “Nay,” and if he still fails to vote, the Speaker shall order the Clerk to record his vote in the affirmative.

No abstention from voting will be recognized.

If, on a roll call vote, any Member responds “Abstain”, his vote will be recorded in the affirmative.

Section 8.

Conflict of interest.


No Member shall be permitted to vote upon any matter in which he has a distinct, individual, pecuniary interest or which will affect his right to a seat in the Congress or in a matter in which his individual conduct is involved.

When any Member has a distinct, individual, pecuniary interest, which he believes might disqualify him from voting on a question, he shall stand and disclose such interest to the Congress.
The Speaker shall thereupon rule as to whether the Member shall or shall not be disqualified from voting on the question, subject to appeal to the Congress.

Section 9.

Change of vote.

A Member shall not be allowed to vote or to change his vote after the announcement of the results of the vote by the Speaker, or after the collection of the ballots, if the vote is by secret ballot.

Section 10.

Action of the Congress.


Any action of the Congress shall require a majority of the vote of the Members present, a quorum being present, unless otherwise provided by these Rules.

Section 11.

Call of roll on First Reading.

The roll shall be called on the First Reading of a bill, which shall pass First Reading if two-thirds of all Members of the Congress vote in the affirmative.

Section 12.

Voting by State delegation on Second Reading.


(a) Each State delegation is entitled to cast one vote on the Second Reading of a bill.

An affirmative vote of three States is required to pass a bill on Second Reading.

The Second Reading of a bill shall not take place on the same calendar day as the First Reading.

(b) The Speaker shall announce a call of the roll of each State delegation on the Second Reading of a bill.
The chairman of each State delegation, or his designee, shall announce the vote of his delegation.

The vote announced by the Chairman or his designee is final, except that any Member of the delegation may request a poll of the delegation.

In the event a poll is requested, a majority of the Members of the delegation present cast votes in favor of the bill or equal numbers vote in favor and against the bill, the vote of the delegation shall be considered affirmative.

Section 13.
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.

-236- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

No.

19-25) Section 14.

Other votes.


(a) Approval of the following advice and consent nominations require a two- thirds vote of all Congress Members: (i) Approval of Presidential appointment of a Justice of the Supreme Court; (ii) Approval of Presidential appointment of an ambassador; (iii) Approval of Presidential appointment of principal officers in the National Government; and (iv) Approval of Presidential appointment of the Public Auditor.
The following actions may be taken by a vote of at least two-thirds of (b) the Members of Congress: Ratification of a treaty; (i) (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.
No.

19-25, adopted 5/28/15) Section 15.

Actions of Congress requiring votes as specified in these Rules.

No.

1.

Action Quorum First Reading of bill Required Majority No.
Eight Members Ten Members Second Reading of bill Three State delegations Overriding veto Three State delegations Rule 3 10, section 11 10, section 12 10, section 13 Calling special session Written request of ten Members 1, section 2 Election of President and Vice President Removal of Officers Eight Members Ten Members Suspend or expel Member Ten Members Consent to appointment of ambassadors, principal executive officers, and the Public Auditor Ten Members 1, section 15; 1, section 16 2, section 1 4, section 12 10, section 14 10.
Approval of appointment of Supreme Court Justices Ten Members 10, section 14 -237- 2.

3.

4.

5.

6.

7.

8.

9.

Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

No.

19-25) 11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

No.

21.

22.

23.

24.

25.

26.

27.

28.
Removal of President, Vice President, and Supreme Court Justices Removal of Public Auditor Ratification of treaty Adoption of previous question Move to previous question Amendment of Rules Withdrawal of measure from committee Ten Members 10, section 14 Ten Members Ten Members Eight Members Eight Members Eight Members 10, section 14 10, section 14 9, section 8 9, section 8 15 Majority of Members present 6, section 11 Reading of a bill at length Six Members Reading of a resolution Majority of Members present Suspension of rules Ten Members Action Sustain appeals from rulings of Speaker Required Majority No.
Ten Members 8, section 8 8, section 9 9, section 5 Rule 4, section 8 Dispense with reading of Journal Majority of Members present Voting by secret ballot Three Members 13, section 2 10, section 5 Voting by call of the roll Motion to reconsider a main motion Three Members Same majority as passage of main motion required 10, section 6 9, section 6 for Closing committee meeting Majority of committee members 6, section 6 Adoption of committee report by committee Requiring committee consideration of a matter referred to committee Majority of committee members 6, section 9 Majority of committee members 6, section 10 29.
All other actions Majority of Members present, a quorum being present 10, section 10 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.
-238- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

No.

19-25) 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.
401, et seq.

Any witness neglecting or refusing to attend a session of the Congress or a committee meeting after being properly subpoenaed may be arrested by the Sergeant at Arms or any police officer of the National Government or any State government in the Federated States of Micronesia and brought before the Congress or a committee thereof, as the case may be.

The Speaker may issue a warrant to carry into effect the orders of the Congress or any committee thereof, for the arrest of an offender.
(b) The Speaker, committee chairmen, and other authorized Members may administer an oath to witnesses appearing before a committee of Congress.

The oath should read substantially as follows: “I do solemnly swear that I will tell the whole truth and nothing but the truth in the deliberations before this committee of the Congress of the Federated States of Micronesia.” Section 2.

Contempt.
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 -239- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

No.
No.

19-25) Speaker to view such confidential document or other paper, and to no other persons.

No Member or other person shall show or distribute such confidential document or other paper to any person not authorized to view it.

RULE 13.

THE JOURNAL.

Section 1.

Maintaining the Journal.

The Congress shall keep a Journal of its proceedings in English and shall compile and publish the Journal for each session of the Congress.
The Journal of the session shall include the journals of the day compiled by the Clerk as defined in rule 2, section 5(c), the Official Rules of Procedure of the Congress, and the statements of Members appended to the journals of the day and may include such other matters as the Congress or the Speaker, subject to the action of the Congress, may direct.
The Clerk shall keep note of all questions of order not specified in these Rules and decided under rule 1, section 11, or rule 4, section 8, and append them for publication in the Congressional Journal.

Section 2.

Reading and correcting the Journal.

The journal of each day shall be read the following day and shall be corrected and/or approved by vote of the Congress, provided that the Speaker shall correct and/or approve the journal of the last day of a session.
The Congress, by majority vote of the Members present, may dispense with such reading.

Subsequent to the approval of the journal of the day, the Clerk, with the permission of the Speaker, may make non-substantive corrections therein, including such matters as spelling of words and grammatical construction of sentences.

Section 3.

Appending explanations to the Journal.


Each Member shall have the right to append to the journal of the day a statement explaining his vote on any matter being voted upon that day, including his vote on a bill on First Reading or Second Reading.

Such a statement or statements shall not exceed in total 300 words in a single day and shall be submitted to the Clerk on the day in which the action occurs.
The statement may be in English or in both English and the native language of the Member or of his constituents.

RULE 14.

SPECIAL SESSIONS.

For the purposes of rule 8 of these Rules, special sessions of the Congress of the Federated States of Micronesia shall be treated as regular sessions.
Bills and resolutions introduced during a special session shall be numbered consecutively, starting with the number following the last number used in the last preceding session of the Congress for such bills or resolutions.

At any session, including a special session, all measures shall retain the status which they had at the close of the last preceding session of a Congress, until acted upon during such session.
It shall not be necessary to repeat any step in the legislative procedure already accomplished in any previous session of the same Congress.

-240- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

No.

19-25) RULE 15.

AMENDMENT OF THE RULES.

The Official Rules of Procedure of the Congress shall not be amended in any way or manner without a day’s notice being given of the motion to amend the Rules by the Member proposing to do so.
The giving of notice shall consist of: (a) (b) Submitting a written copy of the proposed amendment to the Speaker; and 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.

-241- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

No.
No.

19-25) NINETEENTH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIRST REGULAR SESSION, 2015 C.R.

No.

19-25 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 .
A RESOLUTION WHEREAS, the Congress of the Federated States of Micronesia is governed by its Official Rules of Procedure; and WHEREAS, rule 15 of the Official Rules of Procedure stipulates that a motion is required to amend the said rules; and WHEREAS, a Congressional Resolution is a transparent and open mechanism for an amendment to the Official Rules of Procedure; and WHEREAS, the Members of the Nineteenth Congress of the Federated States of Micronesia desire to add a sub-subsection (iv) to subsection (b) to require that the appointment of the Chief Clerk and Legislative Counsel to be by at least two-thirds vote of the Members of Congress and by secrete ballot; now, therefore, BE IT RESOLVED by the Nineteenth Congress of the Federated States of Micronesia, First Regular Session, 2015, that section 14 of rule 10 of the Official Rules of Procedure of the Nineteenth Congress of the Federated States of Micronesia is amended to read as follows: “Section 14.
Other votes.
(a) Approval of the following advice and consent nominations require a two-thirds vote of all Congress members: (i) Approval of Presidential appointment of a Justice of the Supreme Court; (ii) Approval of Presidential appointment of an ambassador; (iii) Approval of Presidential appointment of principal officers in the National government; and -242- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.
No.

19-25) C.R.

No.

19-25 (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, of a justice of the Supreme Court for treason, bribery, or conduct involving corruption in office; (iii) Removal of the Public Auditor for cause; and (iv) Approval of appointment of the Legislative Counsel and the Chief Clerk by secret ballot.”; and BE IT FURTHER RESOLVED that a certified copy of this resolution be transmitted to the President of the Federated States of Micronesia.
ADOPTED: May 28, 2015 /s/ Wesley W. Simina Wesley W. Simina Speaker FSM Congress ATTEST: /s/ Liwiana Ramon Ioanis Liwiana Ramon Ioanis Chief Clerk FSM Congress -243- 20th CONGRESS of the Federated States of Micronesia FOURTH SPECIAL SESSION INDEX OF LEGISLATION -244- I N D E X CONGRESSIONAL BILLS Twentieth Congress of the Federated States of Micronesia FOURTH SPECIAL SESSION-2018 CB No.

Short Title as Introduced C.B.

No.

20-41, CD1 C.B.

No.


20-131 C.B.

No.

20-137 C.B.

No.

20-151 C.B.

No.

20-184 C.B.

No.

20-193, CD1 C.B.

No.
20-198, CD2 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.
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.

To amend section 221 of title 54 of the Code of the Federated States of Micronesia (Annotated), as amended, to increase the import duties levied on used vehicles, and for other purposes.
To amend title 52 of the Code of the Federated States of Micronesia (Annotated), as amended, by adding a new section 212, to provide for Eligibility for Housing Allowance for Off-island Recruits for Public Service Sector positions within the National Government of the Federated States of Micronesia, and for other purposes.
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.
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.
To further amend title 55 of the Code of the Federated States of Micronesia (Annotated), as amended, by adding a new section 1222 for the purpose of requiring twenty percent (20%) of all National Government fishing fees collected in a fiscal year to be deposited into the FSM Trust Fund, and to [further amend sections 1015, 1017 and 1019 of title 37 of the Code of the Federated States of Micronesia (Annotated), as amended by Public Law No.
18-71,] add a new section 324 of title 54 of the Code of the Federated States of Micronesia (Annotated), as amended, for the purpose of requiring one hundred percent (100%) of the tax on all premiums collected from captive insurance companies in a fiscal year to be deposited into the FSM Trust Fund, and for other purposes.

SCR No.

Page No.

23, 24, 245 SCR.

No.

20-57 5/15/18 w/placed 5/24/18 24, 27, 245 SCR.

No.
No.

20-67 6/29/18 58, 85, 124, 245 23, 38, 112, 245 w/placed 5/15/18 VIII, 245 w/placed 5/21/18 VIII, 245 SCR.

No.

20-69 7/3/18 8, 98, 106, 125, 128, 245 -245- C.B.

No.

Short Title as Introduced (continued Bills 20FSMC.4SS pg.

2) C.B.

No.

20-199, CD1 To amend sections 1 and 9 of Public Law No.

20-42, as amended by Public Laws Nos.


20-54, 20-64 and 20-67 and 20-83, in order to appropriate $10,000,000 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.

To further amend sections 1 and 2 of Public Law No.

20-42, as amended by Public Laws Nos.

20-54 and 20-67, to rectify errors in the contractual budget of the Department of Justice for fiscal year ending September 30, 2018, and for other purposes.
To amend section 205 of title 52 of the Code of the Federated States of Micronesia (Annotated), as amended, for the purpose of the FSM National revising the base salary schedule of Government by increasing all salaries schedule-wide by seven percent, and for other purposes.
To further amend title 41 of the Code of the Federated States of Micronesia (Annotated), as amended, by amending sections 1003, 1007, 1009, 1011, 1013, 1014, 1020, 1022, 1024, 1025, 1026, 1027, 1028, and 1030 thereof, to provide for the establishment of the Competent Authority, and for other purposes.
To further amend section 605 of title 9 of the Code of the Federated States of Micronesia (Annotated), for the purpose of creating an additional special polling place in the Commonwealth of the Northern Mariana Islands; and for other purposes.

To appropriate the sum of $200,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, for the purpose of funding for the security for the 2018 Micro Games in Yap, and for other purposes.
To appropriate the sum of $1,300,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, in order to fund for the dry-docking operations of M/V Chief Mailo and the associated costs, and for other purposes.
To appropriate the sum of $500,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, to fund the court litigation and related proceedings between the FSM Government and PII, and for other purposes.

To further amend sections 1, 8 and 9 of Public Law No.

20-42, as amended by Public Laws Nos.


20-54, 20-64, 20-67 and 20-83, in order to appropriate $5,849,587 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.

To further amend sections 1 and 2 of Public Law No.

20-42, as amended by Public Laws Nos.


20-54, 20-64, 20-67 and 20-83, in order to appropriate $742,696 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.

SCR No.

w/placed 6/26/18 Page No.

VIII, 9, 18, 29, 40, 51, 60, 246w 29, 36, 246 30, 36, 246 30, 36, 246 30, 37, 246 30, 37, 246 30, 37, 246 30, 37, 246 31, 37, 246 31, 37, 246 C.B.

No.

20-200 C.B.

No.

20-201 C.B.

No.

20-202 C.B.

No.

20-203 C.B.


No.

20-204 C.B.

No.

20-205 C.B.

No.

20-206 C.B.

No.

20-207 C.B.

No.

20-208 -246- C.B.

No.

Short Title as Introduced (continued Bills 20FSMC.4SS pg.

3) C.B.

No.

20-209 To repeal in their entirety Public Laws Nos.
20-13 and 20-20 pertaining to the assets and liabilities of the Open Access Entity, and to reinstate the previous language of sections 203 and 389 of title 21 of the Code of the Federated States of Micronesia (Annotated), as amended, and for other purposes.
To appropriate the sum of $4,900,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, for the purpose of funding public projects and social programs for the people of Yap, Kosrae, Pohnpei and Chuuk states, and for other purposes.

To amend section 209 of title 2 of the Code of the Federated States of Micronesia (Annotated), to update the salaries for the President and the Vice President of the FSM, and for other purposes.
To further amend Public Law No.

20-60, as amended by Public Laws Nos.

20-65, 20-75 and 20-85 by amending section 6 thereof, to change the allottee of funds previously appropriated therein, to fund public projects and social programs in the state of Yap, and for other purposes.
To appropriate the sum of $2,800,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, for the purpose of funding public projects and social programs for the people of Yap, Kosrae, Pohnpei and Chuuk states, and for other purposes.

To amend subchapter II of chapter 3 of title 54 of the code of the Federated States of Micronesia (Annotated), as amended by Public Law No.
18-103, by inserting a new section 324 thereto to give the Secretary of the Department of Finance and Administration the authority to reduce a third-party appraisal to determine fair market value of certain assets, and for other purposes.
To renumber section 211, and to insert a new section 211B, of title 27 of the Code of the Federated Stats of Micronesia (Annotated), to require the Federated states of Micronesia Petroleum Corporation to create and execute strategic plans to transition into an energy company, to expand its business activities into renewable sources of energy, and to provide for changing the Corporation’s name to reflect its expanded business activities, and for other purposes.

To amend Public Law No.


20-93, by amending section 1 thereof, to change the use of funds previously appropriated, to fund priority infrastructure projects and public projects and social programs in the state of Kosrae, and for other purposes.

To further amend Public Law No.

20-53, as amended by Public Laws Nos.


20-57, 20-61, 20-69 and 20-91, by amending section 2 thereof, to change the use of funds previously appropriated therein, for the purpose of funding priority infrastructure projects and other projects and social programs in the states of Kosrae, and for other purposes.
To propose an amendment to the Constitution of the Federated States of Micronesia, for the purpose of guaranteeing the representation of women in Congress by creating additional at large seats in Congress reserved for women, as a temporary special measure, and for other purposes, and for other purposes.

C.B.

No.

20-210 C.B.

No.

20-211 C.B.

No.

20-212 C.B.

No.

20-213, CD2 C.B.

No.

20-214 C.B.

No.

20-215 C.B.

No.

20-216 C.B.

No.

20-217 C.B.

No.

20-218 SCR No.

w/placed 7/3/18 Page No.


46, 50, 108, 136, 247 47, 51, 247 w/placed 6/29/18 w/placed 6/29/18 68, 73, 83, 84, 105, 247 VIII, 69, 73, 83, 87, 128, 247 w/placed 6/29/18 VIII, 69, 73, 83, 87, 128, 247 w/placed 7/2/18 88, 92, 104, 107, 247 w/placed 7/3/18 w/placed 7/3/18 92, 104, 247 VIII, 92, 104, 109, 137, 247 VIII, 92, 104, 109, 13, 247 120, 123, 247 -247- I N D E X CONGRESSIONAL RESOLUTIONS Twientieth Congress of the Federated States of Micronesia FOURTH SPECIAL SESSION-2018 C.R.

No.
No.

Short Title as Introduced C.R.No.

20-83 C.R.

No.

20-96 To confirm the nomination of Mr. Richard R. Hermes to serve as an Associate Justice of the Supreme Court of the Federated States of Micronesia.

To confirm the nomination of Mr. Jolden J. Johnnyboy to serve as the member of the Office of the Telecommunication Regulation Authority of the Federated States of Micronesia.
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.

Expressing the sincere condolences and sadness to the family of the late Daniel Kahikina Akaka, at his passing on April 6, 2018.

Calling on the President of the Federated States of Micronesia to support the membership of Vietnam on the United Nations Security Council as a non- permanent member for the 2020-2021 tenure.
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.

Expressing the sincere gratitude and appreciation to Mr. Jesse Stutt for his dedicated service as staff attorney to the Congress Federated States of Micronesia.

To confirm the nomination of Mr. Jesse Giltamag to serve as a member of the MiCare Board of Directors, representing the National Government.
Approving and accepting a grant in the amount of $250,000 from the U.S. Department of Health and Human Services, Administration for Children and Families, to fund and support the Personal Responsibility Education Program in the FSM for the fiscal year 2018, including all the terms and conditions of the assistance.
Approving and accepting a grant from the United Nations Children’s Fund (UNICEF) in the amount of $673,037, to fund the implementation of the Federated States of Micronesia-UNICEF Programme of Cooperation 2018- 2022 and 2018-2019 Work Plan, including all the terms and conditions of the assistance.

To confirm the nomination of Mr. Johannes T. Berdon to serve as a member of the Board of Regents of the College of Micronesia-FSM, representing the state of Chuuk.
Approving and accepting a grant in the amount of $291,556 from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, to fund and support for the implementation of the FSM’s CCC plan to reduce cancer burden in the FSM for the budget period from Jun 30, 2018, to June 29, 2019, including all the terms and conditions of the assistance.
Approving and accepting a grant in the amount of $1,156,180 from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, to support and fund the FSM Immunization and Vaccines for Children Program, including all the terms and conditions of the assistance.

Authorizing the President resubmit the nomination 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.
C.R.

NO.

20-97 C.R.No.

20-105 C.R.

No.

20-106 C.R.No.

20-107 C.R.

No.

20-108 C.R.No.

20-109 C.R.

No.

20-110 C.R.No.

20-111 C.R.No.

20-112 C.R.

No.

20-113 C.R.

No.

20-114 C.R.

No.

20-115 SCR No.

Page No.

SCR.

No.

20-72 7/3/16 SCR.

No.

20-70 7/3/16 SCR.

No.

20-71 7/3/18 99, 103, 116, 118, 165-166, 248 99, 102, 115, 118, 160-161 99, 102, 116, 162-163, 248 8, 248 8, 9, 248 w/placed 6/26/18 IX, 28, 31, 37, 248 w/placed 6/29/18 IX, 53,59, 73, 248 SCR.

No.
No.

20-68 7/2/18 w/placed 7/4/18 IX, 54, 81, 83, 90, 114, 248 IX, 92, 104, 142, 248 w/placed 7/4/18 IX, 92, 104, 142, 248 93, 105, 248 w/placed 7/4/18 IX, 139, 143, 248 w/placed 7/4/18 IX, 140, 143, 248 w/placed 7/4/18 IX, 143, 248 -248- C.R.

No.

Short Title (continued 20-4SS pg.2) C.R.

No.

20-116 C.R.

No.

20-117 Expressing the sincere condolences and sadness to the family of the late Dr. Alexander Panuelo at his passing on June 28, 2018.
Extending the Fourth Special Session of the Twentieth Congress of the Federated States of Micronesia to July 5, 2018.

SCR No.

Page No.

w/placed 7/4/18 IX, 141, 144, 248 144, 248 -249-