Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698937353297.pdf (Micronesia, Federated States of)
JOURNAL SECOND SPECIAL SESSION TWENTIETH CONGRESS of the Federated States of Micronesia PALIKIR, POHNPEI August 2015 PALIKIR, POHNPEI Convened on Monday, the 30th of October 2017 Adjourned on Friday, the 3rd of November 2017 JOURNAL SECOND SPECIAL SESSION TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA February 2017 PALIKIR, POHNPEI Convened on Monday, the 30th of October 2017 Adjourned on Friday, the 3rd of November 2017 Compiled by the Office of the Speaker And Printed by Good News Press – Kolonia, Pohnpei Twentieth Congress of the Federated States of Micronesia SECOND SPECIAL SESSION (October 30th thru November 3rd, 2017) TABLE OF CONTENTS SECTION No.
CERTIFICATION ORGANIZATION Leadership and Membership Standing Committees Congressional Offices Page …………………… iii …………………… iv …………………… v …………………… vi SUMMARY OF LEGISLATION …………………… viii-ix DAILY JOURNAL INDEX DAILY JOURNAL …………………… x- xi …………………… 1-106 STANDING COMMITTEE REPORTS …………………… 107-117 SPECIAL COMMITTEE REPORTS ............................... 118-122 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 …………………… 123-126 127-128 …………………… 129-130 …………………… 131-132 …………………… 133-134 …………………… 135-136 …………………… 137-138 …………………… 139-140 …………………… 141-142 …………………… 143-144 …………………… …………………… 145-146 CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA ………… 147-163 OFFICIAL RULES AND PROCEDURES OF CONGRESS …………………… 164-200 INDEX OF LEGISLATION Congressional Bills Congressional Resolutions …………………… …………………… 202-203 204-205 -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, Second Special Session, 2017, 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 Second Special Session, 2017 PRESIDING OFFICERS The Honorable Wesley W. Simina The Honorable Esmond B. Moses The Honorable Florencio (Singkoro) Harper Liwiana Ramon Ioanis Speaker Vice Speaker Floor Leader Chief Clerk MEMBERSHIP I. Senators-at-Large (4-years) II.
Senators (2-years) ED 1: Kosrae State of Kosrae State of Pohnpei State of Chuuk State of Yap ED 1: Kolonia, Sokehs, Sapwuahfik, Nukuoro and Kapingamarangi ED 2: Madolenihmw and Kitti ED 3: U, Nett, Mwoakilloa and Pingelap 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 ED 1: Mortlock Islands ED 2: Northern Namoneas ED 3: Southern Namoneas ED 4: Faichuk Region ED 4: Halls and Northwestern Islands STATE OF YAP Isaac V. Figir ED 1: Yap * Delegation Chairman -iv- TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA Second Special Session (October 30th thru November 3rd, 2017) 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 Second Special Session (October 30th thru November 3rd, 2017) OFFICE OF SPEAKER PERMANENT STAFF … Liwiana Ramon Ioanis Chief Clerk … Jessicalynn Reyes Assistant Chief Clerk Speaker’s Secretary … Aldeha Salvador Vice Speaker’s Secretary … Consuelo Esiel Floor Leader’s Secretary … Moria Rufes Sergeant-at-Arms Journal Clerk …Duwarik Micky …Shallane Suzumu Information Technology Office Congress IT Administrator … Daystone Roby .... Jonah Hainrick Webmaster/IT Specialist …Shane Mackenzie IT assistants PUBLIC INFORMATION OFFICE Public Affairs & Protocol Officer... Lynn Narruhn .... Manuel Yoma Public Information Officer Pages TEMPORARY STAFF …… Akina Joseph …… Tradson Mark …… Sharilynn Halbert …… Joyce Mathias …… Matthew Ramon …… Jeniver Mark …… Ciandella Aliksa …… Random Norman OFFICE OF LEGISLATIVE COUNSEL LEGISLATIVE COUNSEL PERMANENT STAFF Legislative Counsel Staff Attorney ........... T. Lam Dang ........... Alik Jackson ........... Catherine Allen ........... Jesse Conner Stutt ........... Stephenie Ritland …… Rose Donre …… Nercy Syne-Simina Secretary Librarian Asst.
Librarian …… Vacant …… Mary Kilmete Archivist 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 (Temp) ….

Peterlee Syne Building Maintenance (Temp) ….
…… Justina Roby Custodian …… Jacky Mark Custodian …… Bihla Tume Custodian -vi- 20th CONGRESS of the Federated States of Micronesia SECOND SPECIAL SESSION Summary of Legislation -vii- SUMMARY OF BILLS Twentieth Congress of the Federated States of Micronesia [SECOND SPECIAL SESSION -- 2017] CLASSIFICATION Congressional Bills Introduced Congressional Bills Enacted Congressional Bills Disapproved 14 6 0 CONGRESSIONAL BILLS ENACTED DURING THE SECOND SPECIAL SESSION CB.

No.

Short Title C.B.

No.

20-102 C.B.


No.

20-103, C.D.

2 C.B.

No.

20-104 C.B.

No.

20-106 C.D.

No.

20-107 To further amend Public Law No.

19-10, as amended by Public Laws Nos.

19-26, 19-42, 19-51, 19-56, 19-72, 19-78, 19-96, 19-132, 19-163, 20-03 and 20-25, by amending section 3 thereof, to change the use of funds previously appropriated therein, for the purpose of funding public projects and social programs in the state of Kosrae, and for other purposes.
(Alik) To amend sections 1, 8 and 9 of Public Law No.

20-42 by appropriating $9,333,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending september 30, 2018, to provide funding for the set-up and operations costs of a consulate on the west coast of the United States, for the FSM Trust Fund, and for the Telecommunications cable project; to make a technical correction, and for other purposes.

(Panuelo) To further mend Public Law No.


19-121, as amended by Public Laws Nos.

19-130, 19-142, 19-145, 19-158, 20-09 and 20-22, by amending section 5 thereof, to change the use of funds previously appropriated therein, for the purpose of funding public projects and social programs for the people of the state of Chuuk, and for other purposes.

(Konman) To amend Public Law No.


20-53, by amending sections 2, 3 and 5 thereof, to change the use and allottee of funds previously appropriated thereinfor the purpose of funding priority infrastructure projects and other projects and programs in the states of Kosrae and Pohnpei, and for other purposes.

(Welly) To further amend Public Law No.

19-54, as amended by Public Laws Nos.


19-67, 19-75, 19-79, 19-99, 19-119, 19-129, 19-136, 19-144, 19-173 and 20- 04, by amending section 5 thereof, to change the use of funds previously appropriated therein, to fund public projects and social programs in the state of Chuuk, and for other purposes.

(Konman) Transmittal Date President's Action 11/01/17 Public Law No.

20-58 10/31/17 Public Law No.

20-54 11/01/17 Public Law No.

20-59 11/01/17 Public Law No.

20-57 11/01/17 Public Law No.

20-56 C.B.No.


20- 109 To further amend Public Law No.

18-11, as amended by Public Laws Nos.

18-44, 18-81, 19-33, 19-106, 19-128, 19-134, 19-138, 20-11 and 20-49, by amending section 1 thereof, to change the use of funds previously appropriated for public projects and social programs in the state of Pohnpei, and for other purposes.

(Moses) 11/01/17 Public Law No.


20-55 -viii- SUMMARY OF RESOLUTIONS Twentieth Congress of the Federated States of Micronesia [SECOND SPECIAL SESSION – 2017] CLASSIFICATION Congressional Resolutions Introduced Congressional Resolutions Adopted 10 8 CONGRESSIONAL RESOLUTIONS ADOPTED DURING THE SECOND SPECIAL SESSION C.R.

No.

Short Title *C.R.

No.

20-46 *C.R.

No.

20-52 C.R.

20-55 No.

C.R.No.

20-56 C.R.

No.

20-57 C.R.

No.

20-59 C.R.

No.

20-61 C.R.

No.


20-64 for To confirm the nomination of Ms. Alissa r. Takesy to serve as a member of the FSM National Scholarship Board representing the National Government of the Federated States of Micronesia.

(Requested by Harper) To confirm the nomination of Mr. Alfred Ansin to serve as a member on the Board of Directors for Caroline Island Air (CIA), representing the state of Chuuk.
(Requested by Harper) Approving and accepting a grant in the amount of $647,309 from the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, to fund the FSM Strategic Prevention Framework Partnerships for success (SPF-PFS) (Requested by Harper) To confirm the nomination of mr. Andrew Robert Yatilman to serve as the Secretary of the Department of Environment, Climate Change, and Emergency Management of the Federated States of Micronesia.
(Reqeusted by harper) Setting the ceiling of the total funds estimated to be available for appropriation from the General Fund of the Federated States of Micronesia ending September 30, 2018.
(Figir) Approving and accepting a grant from her Majesty the Queen in the right of Canada, through the Department of Foreign Affairs, Trade, and Development (DFATD) in the amount of cad $98,500, to fund and support the FSM's project entitled: "Strengthening the FSM Institutions that promote Gender Equality and cedaw awareness raising to the relevant stakeholders and partner agencies in the Federated States of Micronesia", including all the terms and conditions of the assistance.
(Requested by Harper) Approving and accepting the small scale grant aid project from the Korea International Cooperation Agency, in the amount of the Kosrae $200,000, International Airport facilities in the state of Kosrae, including all the terms and conditions of the assistance.
(Requested by Harper) Approving and accepting a grant in the amount of $100,064 from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, to fund the PPHF 2017 Preventive Health and Health Services block grant, for the budget period from october 01, 2016, to september 30, 2018, including all the terms and conditions of the assistance.
(Requested by Harper) improvement of to assist fiscal year the the in Adoption date Transmittal Date 11/01/17 11/0217 11/01/17 11/02/17 11/03/17 11/06/17 11/01/17 11/02/17 10/31/17 11/01/17 9/26/17 9/28/17 11/02/17 11/06/17 11/03/17 11/06/17 *C.R.

No.

20-­‐‑46 & C.R.

No.

20-­‐‑52 were being introduced during the Second Regular Session, but were now adopted during the Second Special Session.
-ix- 20th CONGRESS of the Federated States of Micronesia SECOND SPECIAL SESSION Daily Journal Index -x- Twentieth Congress of the Federated States of Micronesia SECOND SPECIAL SESSION (October 30th thru November 3rd, 2017) DAILY JOURNAL INDEX Day Page No.

1.

Monday, October 30, 2017…..……………………………………………………… 2-12 2.

Tuesday, October 31, 2017………………………………………………………….. 13-34 3.

Wednesday, November 1, 2017 ……………………………………………………… 35-57 4.

Thursday, November 2, 2017 ………………………………………………………... 58-78 5.
Friday, November 3, 2017 …………………………………………………………... 79-106 -xi- 20th CONGRESS of the Federated States of Micronesia SECOND SPECIAL SESSION Daily Journal 1 CONGRESSIONAL JOURNAL TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA SECOND SPECIAL SESSION OPENING DAY Monday, October 30, 2017 The Opening Day of the Second Special Session of the Twentieth Congress of the Federated States of Micronesia was called to order at 10:22 a.m., Monday, October 30, 2017.

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, Second Special Session to order.

A moment of silent prayer was observed.


The Chief Clerk yielded the floor to the Assistant Chief Clerk to do roll call of Members.

The Assistant Chief Clerk called the roll.

Twelve Members were present; Senator Aritos and Chairman Gouland were excused.

Floor Leader Harper moved to dispense with the reading of the Journal; Chairman Urusemal seconded, and the motion carried by voice vote.
APPOINTMENT OF THE COMMITTEE TO WAIT ON THE PRESIDENT Speaker Simina: I hereby appoint Senator Neth of Pohnpei as Chairman; Senator Urusemal of Yap, Senator Welly of Kosrae, and Senator Konman of Chuuk as members.

Chairman Neth, consult with the President of time and place of your meeting.

Next item.

PRESIDENTIAL COMMUNICATIONS -No.


20-126 - (dated and received 09/29/17) – Transmitting a bill to appropriate $7,561,165 to pay for outstanding balances that are immediately due to the suppliers of the Fiber Opt6ic Cable project.

-No.

20-127 - (dated and received 09/29/17) – Designating Congressional Act No.

20-44 as Public Law No.

20-44: “To further amend Public Law No.

18-89, as amended by Public Laws Nos.


18-102, 18-110, 18-116, 19-02, 19-09, 19-27, 19-28, 19-31, 19-58 and 19-112, by amending section 13 thereof, to change the lapse date of funds previously appropriated therein, and for other purposes.” -No.

20-128 - (dated and received 09/29/17) – Designating Congressional Act No.

20-45 as Public Law No.

20-45: “To amend Public Law No.


-2- October 30, 2017 CONGRESSIONAL JOURNAL – OPENING DAY – 2SS – 20CFSM 19-115, by amending section 2 thereof, to change the lapse date of funds previously appropriated therein for Yap State, and for other purposes.” -No.

20-129 - (dated and received 09/29/17) – Designating Congressional Act No.

20-46 as Public Law No.

20-46: “To further amend section 12 of Public Law No.

19-118, as amended by Public Laws Nos.


19-125, 19-135 and 20-01, to extend the lapse date for a certain line items, and for other purposes.” -No.

20-130 - (dated 09/29/17 and received 10/01/17) – Designating Congressional Act No.

20- 42 as Public Law No.


20-47: “To further amend title 2 of the Code of the Federated States of Micronesia (Annotated), as amended, by amending section 203 and 204 thereof, to dissolve the Office of Environment and Emergency Management, to empower the President of the Federated States of Micronesia to transition the functions of the dissolved office, and for other purposes.” -No.
20-131 - (dated 09/29/17 and received 10/01/17) – Transmitting a proposed resolution accepting a financial assistance made available by the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Program to fund and support the implementation of the FSM Strategic Prevention Framework Partnerships for Success in the amount of $647,309.

-No.

20-132 - (dated and received 10/09/17) – Designating Congressional Act No.

20-48 as Public Law No.

20-48: “To further amend Public Law No.


19-124, as amended by Public Laws Nos.

19-133, 19-140, 19-150, 20-05, 20-15 and 20-33, by amending sections 4, 5 and 6 thereof, to change the use and allottee of certain funds previously appropriated therein, to fund priority infrastructure projects and other programs in the states of Pohnpei and Chuuk, and for other purposes.” -No.
20-133 - (dated and received 10/10/17) – Calling for the convening of a Special Session of Congress for five days, beginning on October 30, 2017.

-No.

20-134 - (dated and received 10/13/17) – Designating Congressional Act No.

20-53 as Public Law No.

20-49: “To further amend Public Law No.

18-11, as amended by Public Laws Nos.


18-44, 18-81, 19-33, 19-106, 19-128, 19-134, 19-138 AND 20-11, by amending section 1 thereof, to change the use of funds previously appropriated for public projects and social programs in the state of Pohnpei, and for other purposes.” -No.

20-135 - (dated and received 10/13/17) – Designating Congressional Act No.

20-52 as Public Law No.

20-50: “To further amend PUBLIC LAW NO.

20-41, as amended by Public Law No.


20-41, by amending section 4 thereof, to change the use of certain funds previously appropriated therein, to fund public projects and social programs for the people of Pohnpei State, and for other purposes.” -No.

20-136 - (dated and received 10/13/17) – Designating Congressional Act No.

20-49 as Public Law No.

20-51: “To further amend Public Law No.

19-121, as amended by Public Laws Nos.


19-130, 19-142, 19-145, 19-158, 20-09 and 20-22, by amending section 4 thereof, to change the use of funds previously appropriated therein, for the purpose of funding public projects and social programs for the people of the state of Pohnpei, and for other purposes.” -3- October 30, 2017 CONGRESSIONAL JOURNAL – OPENING DAY – 2SS – 20CFSM -No.

20-137 - (dated and received 10/13/17) – Designating Congressional Act No.

20-50 as Public Law No.


20-52: “To further amend Public Law No.

18-70, as amended by Public Laws Nos.

18-98, 18-112, 18-122, 19-07, 19-24, 19-41, 19-52, 19-73, 19-82, 19-101, 19-114, 19-139, 20-07, 20-16 and 20-36, by amending sections 4 and 6 thereof, to change the use and allottee 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.
20-138 - (dated 10/18/17 and received 10/19/17) – Transmitting the nomination of Mr. Andrew Robert Yatilman to serve as Secretary of the recently created Department of Environment, Climate Change, and Emergency Management of the Federated States of Micronesia.

-No.

20-139 - (dated and received 10/25/17) – Designating Congressional Act No.

20-51 as Public Law No.


20-53: “To appropriate the sum of $8,500,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, for the purpose of funding priority infrastructure projects and other projects and programs in the states of Kosrae, Pohnpei and Chuuk, and for other purposes.

-No.
-No.

20-140 - (dated 10/26/17 and received 10/27/17) – Transmitting a resolution accepting the $800,000 donation from the People’s Republic of China to subsidize the newly launched airline on December 03, 2016, between the FSM and Papua New Guinea.

-No.

20-141 - (dated and received 10/30/17) – Submitting a supplemental budget request – Yap- Chuuk Telecommunications cable; and Operations-FSM Consulate in Portland, Oregon.

Speaker Simina: Chief Clerk, assign those Communications.
Floor Leader Harper: Point of privilege, Mr. Speaker.

Speaker Simina: Floor Leader Harper, you have the floor.

Floor Leader Harper: Thank you, Mr. Speaker.

Good morning to you and all honorable Members.

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

I want us to recognize them and welcome them to our session this morning.

I start with our own beloved President, His Excellency Peter M. Christian (applause).
With him, we are happy and privileged that we also have our beloved Vice President, the Honorable Yosiwo P. George (applause).

We have few members of the Diplomatic Corps who are also observing this morning’s session.

I would like to start out with His Excellency Ambassador Li Jie from the Embassy of People’s Republic of China (applause).

We also have here with us His Excellency Ambassador Frasier George from the Australian Embassy (applause).
Along with those two, we also have His Excellency Ambassador Horie Ryoichi from the Japan Embassy (applause).

It is very unfortunate the U.S Ambassador and the DCM for U.S. Embassy are not here since they are off island for other important matters, but we have very happy and fortunate that we have Mr. Gary Bloo, Area Director for the USDA Rural Development replacing them (applause).

I am sorry that I forgot to introduce for welcome and recognition members of the President’s Cabinet who are also here.
I will not specifically say their names.

But let’s just give them a collective round of applause -4- October 30, 2017 CONGRESSIONAL JOURNAL – OPENING DAY – 2SS – 20CFSM (applause).

This morning, we are also fortunate that we have the President of the COM-FSM, Mr. Joseph M. Daisy (applause).

I believe with him is the Vice President of COM-FSM Administration, Joe Habuchimai (applause).
We also have a very important person here observing our session from the Catholic Church, Deacon Augustine Damarlan (applause).

Our friend is also observing our session this morning, Mr. Asterio Takesy (applause).

Thank you, Mr. Speaker.

Those are the individuals that I need to introduce them this morning.

I yield the floor to other Members for supplemental recognition.

Thank you.

Speaker Simina: Thank you, Floor Leader Harper for the introduction of our guests this morning.
Any other points of privilege from the delegations?

Chairman Welly: Mr. Speaker.

Speaker Simina: Chairman Welly.

Chairman Welly: Thank you, Mr. Speaker.

Good morning and greetings from the island of Sleeping Lady (Kosrae).

My respect to the President and the Cabinet members, Diplomatic Corps, Members, and everyone in the gallery this morning, Mr. Speaker, aside from his Excellency Yosiwo P. George, we also have two Kosraeans in the gallery that I wish to introduce for recognition.
We have Secretary Kalwin Kephas and Postmaster General Ginger Mida with us (applause).

Thank you, Mr. Speaker.

Speaker Simina: Thank you, Chairman Welly for the introduction.

Any other points of privilege from the other delegations?

Chairman Panuelo?

Chairman Panuelo: Mr. Speaker, good morning to you and to all the Members.

Welcome back to Palikir.


I merely wish to join our good Floor Leader and the previous speakers in welcoming our President of the FSM, Vice President, Cabinet members, and Diplomatic Corps who are here.

On behalf of Pohnpei Delegation, we thank them for joining us this Second Special Session of the Twentieth Congress, Opening Day.

Mr. Speaker, I just wish to introduce few members who have already been introduced.

First is Deacon Augustine Danarlan.


He is from my village and I want to be the one to also introduce him.

Deacon, welcome to the session of Congress.

Additional person who is not mentioned is Mr. Johnny Peter, our State Ombudsman, FSM Supreme Court.

Mr. Speaker, I was able give forth a little bit warm while all of you were away in meeting and welcoming offices that are in Palikir.

Thank you for that opportunity.

I welcome all folks who are observing our session.


We look forward to a very productive short Second Special Session of the Twentieth Congress.

Thank you, Mr. Speaker.

Speaker Simina: Thank you, Chairman Panuelo.

Any other introductions?

If none, let’s continue to the next item.

FSM SUPREME COURT COMMUNICATIONS None MEMBER COMMUNICATIONS None -5- October 30, 2017 CONGRESSIONAL JOURNAL – OPENING DAY – 2SS – 20CFSM DEPARTMENTAL COMMUNICATIONS -No.
20-26 - (dated 10/23/17 and received 10/25/17) – From Mrs. Sihna N. Lawrence, Secretary, Department of Finance & Administration, submitting the updated Fiscal Year 2018 Revenue Projection and balance of funds.

Speaker Simina: Review that carefully, Members.

Next item.

AGENCY OR GOVERNMENTAL AUTHORITY COMMUNICATIONS -No.
20-24 - (dated and received 09/29/17) – From Mr. Eugene Pangelinan, Executive Director, NORMA, advising Speaker and Members of Congress that the Authority plans to held its bilateral fisheries consultations with the Taiwan Deep Sea Tuna Boatowners and Exporters Association (TDSTBEA) in Kaohsiung, Taiwan; and to hold other side meetings in Manila before Taiwan.

-No.
-No.

20-25 - (dated 10/17/7 and received 10/25/17) – From Mrs. Anna Mendiola, President/CEO, FSM Development Bank, submitting the FSM Development Bank Strategic Plan for the years 2017-2026.

-No.
-No.

20-26 - (Not dated; received 10/27/17) – From Mr. Alexander R. Narruhn, Administrator, FSM Social Security Administration, transmitting the proposed bills for consideration: 1st Bill - $10,000,000 loan free of interest from the National government; 2nd Bill – to further amend Title 53 of the FSM Code, amending some provisions of the Social Security Act.

Speaker Simina: Assign those, Chief Clerk.

Next item.

STATE COMMUNICATIONS -No.


20-07 - (dated 10/13/17 and received 10/23/17) – From Senator Skip Esah, Northern Namoneas, inviting Speaker to attend the Sapuk Community of Honolulu Annual Celebration on October 28, 2017 at the Kuhio Park Terrace, in Honolulu, Hawaii.

-No.

20-08 - (dated 10/20/17 and received 10/27/17) – From Florence P. Stanley, Chief Clerk, Chuuk State House of Representatives, transmitting a certified Resolution No.
14- 17-HR-02, adopted during their 1st regular session: “To call for a quick resolution to the cause of delay between our FSM National Government, FSM Telecom and the World Bank for the Chuuk State urgent need for connecting broadband (fiber- optic) and ensuring reasonable costing for its municipalities, villages, communities and schools.” Speaker Simina: Assign those, Chief Clerk.

Next item.
Next item.

STATE SUPREME COURT COMMUNICATIONS None -6- October 30, 2017 CONGRESSIONAL JOURNAL – OPENING DAY – 2SS – 20CFSM MUNICIPAL OR TOWN COMMUNICATIONS None FOREIGN GOVERNMENT COMMUNICATIONS -No.

20-18 - (dated 09/04/17 and received 10/12/17) – From H.E.

Gerardo Lozano Arredondo, Ambassador of Mexico to the Philippines, writing to request assistance to support the candidacy of Senator Gabriela Cuevas Barron to the post of President of the IPU for the next three years.

-No.
-No.

20-19 - (dated 09/14/17 and received 10/23/17) – From the Hon.

Saber Chowdery, President of IPU then, informing about the Buenos Aires Session of the Parliamentary Conference on the WTO to be held at the premises of the National Congress of Argentina, 9-10 December 2017.

-No.
-No.

20-20 - (dated 10/18/17 and received 10/27/17) – From former IPU President Saber H. Chowdery, concluding his tenure as President of IPU, congratulating the new President Madame Gabriela Cuevas Barron of Mexico as the IPU next President, and attaching the Presidential Declaration on the state of democracy in the world today.

Speaker Simina: Assign those, Chief Clerk.

Order of the Day.
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.

20-33.

TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA SECOND SPECIAL SESSION October 30, 2017 to November 03, 2017 COMMITTEE REFERRAL REFERRAL SHEET NO.

20-33, DAY 01, MONDAY, 10/30/17, AT 10:00 A.M. C.B.

NO.
NO.

20-97 SUBJECT To establish the Office of Administrative Services under the Executive Branch, by amending sections 203 and 204 of title COMMITTEE J&GO -7- October 30, 2017 CONGRESSIONAL JOURNAL – OPENING DAY – 2SS – 20CFSM 20-98 C.R.NO.

20-51 20-52 20-53 20-54 PRESIDENTIAL COMM.

NO.

20-122 20-123 2 of the Code of the Federated States of Micronesia (Annotated), and section 122 of title 52 F.S.M.C.

(Annotated), and for other purposes.


To amend section 103 of title 50 of the Code of the Federated States of Micronesia (Annotated), as amended, to prohibit issuance of entry permits to spouses and dependents of a noncitizen principal on government employment contracts, and for other purposes.
SUBJECT Approving and accepting a grant of up to $9,000,000 from the Secretariat of the Pacific Regional Environment Program (SPREP), for the purpose of funding the project entitled: “Enhancing the Climate Change Resilience of Vulnerable Island Communities in the Federated States of Micronesia,” including all the terms and conditions of the assistance.

To confirm the nomination of Mr. Alfred Ansin to serve as a member on the Board of Directors for Caroline Island Air (CIA), representing the state of Chuuk.
Approving and accepting a grant from the International Bank of Reconstruction and Development (World Bank) in the amount of Special Drawing Rights (SDR) 12,000,000 as additional funding, to fund the FSM Drawing Connectivity Project’s investment in a regional cable system to connect fiber optic cable to the state of Kosrae, including all the terms and conditions of the assistance.
Approving and accepting a grant in the amount of $665,810 from the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Service Administration, to provide funding for prevention and treatment services related to substance abuse for the budget period from October 01,2016, to September 20,2018 including all the terms and conditions of the assistance.

SUBJECT (dated 9/27/17 and received 09/28/17) – Designating Congressional Act No.

20-47 as Public Law No.


20-42: “To appropriate $67,903,100 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, to provide funding for the operations of all branches of the National Government of the Federated States of Micronesia, its agencies, various programs, grants, subsidies and contributions and Capital and Human Resources Development, and for other purposes.” (dated 9/27/17 and received 09/28/17) – Designating Congressional Act No.
20-43 as Public Law No.

20-43: “To appropriate $1,030,000 of additional funds from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2017, for the purpose of contributing additional funds to the FSM trust fund and -8- J&GO COMMITTEE SPECIAL COMMITTEE ON CLIMATE CHANGE AND ENVIRONMENTAL ISSUES T&C T&C H&SA COMMITTEE INFO.

INFO.

October 30, 2017 CONGRESSIONAL JOURNAL – OPENING DAY – 2SS – 20CFSM 20-124 20-125 DEPARTMENTAL COMM.

NO.
20-25 paying past due expenses related to the proposed Dual Citizenship Constitutional Amendment, and for other purposes.” (dated 9/22/17 & received 09/28/17) – Transmitting two bills “To further amend Title 54 of the Code of the Federated of Micronesia, by amending Section 212, 221, 222 and 805 thereof, as amended, to increase the import duty on alcohol, wine, sugar-sweetened beverages and food products with collected from such increase to be deposited in the Health Revolving Fund and for other purposes.” And “To further amend Chapter 6 of Title 55 of the Code of the Federated States of Micronesia, by adding a new subchapter XVI to establish the Health Revolving Fund and for other purposes.” (dated and received 09/28/17) – Transmitting a proposed bill to amend section 103 of the Immigration Act, Title 50 of the Code of the Federated States of Micronesia, to prohibit issuance of entry permits to all spouses and dependents other than spouses and dependents of a noncitizen worker under an employment contract with the Government.
SUBJECT (dated and received 09/28/17) – From Mrs. Sihna N. Lawrence, Secretary, FSM Department of Finance & Administration, submitting the latest update to the fiscal year 2017 revenue projection.

H&SA J&GO.

COMMITTEE W&M/INFO.

Speaker Simina: Chairman and members, review that Referral Sheet for your planning purposes.

Next item.
Next item.

UNFINISHED BUSINESS None BILL CALENDAR None RESOLUTION CALENDAR None INTRODUCTION OF BILLS None INTRODUCTION OF RESOLUTIONS None -9- October 30, 2017 CONGRESSIONAL JOURNAL – OPENING DAY – 2SS – 20CFSM MISCELLANEOUS COMMUNICATIONS None MISCELLANEOUS BUSINESS Speaker Simina: Do you have any miscellaneous business?

Chairman Panuelo.

Chairman Panuelo: Mr. Speaker, while we are on this item, I just want to say, “Thank you” to the President and the People’s Republic of China.
I was invited to attend the signing to continue the subsidy of the Papua New Guinea Air.

I just want to state on record Congress’s appreciation to the People’s Republic of China for the continued support of that airline operation.

I thank the President for that friendly meeting that took place after the signing ceremony.

I thank the President for keeping the supplemental request very pointed and short.
We look forward to having early discussion during this session to deal with those items submitted from the President.

Thank you, Mr. Speaker.

Speaker Simina: Thank you, Chairman Panuelo.

Yes, I would like to thank the People’s Republic of China for the assistance.

I am just wondering what you and President talked about.

Chairman Welly: Mr. Speaker.

Speaker Simina: Chairman Welly, you have the floor.

Chairman Welly: Thank you, Mr. Speaker.


My contribution to this morning’s Miscellaneous Business is to thank you orally for allowing myself, Vice Chairman Dion G. Neth, and Vice Chairman Konman, and legal staff Alik Alik to travel to Brussels after the last session.

It was a great learning experience to get to other parliamentarian around the world and discuss matters that are similar to ours regarding poverty, climate change, and others.
On that trip, we learned that English is not a universal language and the U.S. dollar is not accepted everywhere, and climate is a lot different than ours here.

It is good to travel outside the FSM once in a while.

It makes you appreciate what we have as Micronesians, the simple lifestyle that is.

We went to a McDonald’s where you have to order your food through a machine and pay your food through a machine, also.

We don’t talk to anybody.

We had to try that to learn how to do that.


That was quite an experience.

If you have to use the restroom, it is 30 Euros.

If you don’t have 30 Euros, I don’t know what would happen to you (laughter).

Anyway, Mr. Speaker, it is good to be back in Micronesia and be a Micronesian.

Thank you.

Speaker Simina: Thank you, Chairman Welly for sharing some of your experiences.
The key is once in a while, we should travel to experience and appreciate the world, itself, as much as we can and bring back those positive experiences to help and guide us in how we make and initiate policies for our Government.

The ACP is a very important aspect of our regional and international effort.

Any other miscellaneous business?

Chairman Urusemal, I can read your mind.

Chairman Urusemal: I know.

Thank you very much, Mr. Speaker.


I was hesitating to say anything, especially things that I may wish not to mention.

But perhaps I should go ahead and say it.

I read from one of the communications from his Excellency, our President, relating to the need of this Special Session.

In it, I thought – what I still recall are three funding needs.

Two of which I see on this Communication No.

20-141.

That is the Yap and Chuuk telecommunication cable and operations, FSM Consulate in Portland, Oregon.
The third one that I thought I saw, and maybe I am using sunglasses here because it deals with Yap State, is the supplemental funding for the Micro-Games, which I do not see here.

So this must be –either that communication, if I recall correctly, is a mistake or this one is short of -10- October 30, 2017 CONGRESSIONAL JOURNAL – OPENING DAY – 2SS – 20CFSM not mentioning that.
Secondly, listening to my good friend sitting straight across from me, talking about his experience with his trip to overseas, I cannot help but also mention my experience with the trip and to thank you for designating me as the head of the Congressional Delegation to the World Bank, IMF meeting in Washington, D.C. That was the only second meeting that I have attended since 1988.

It was not a good experience.

Among other things, I thought it was a waste of time, energy, and money.
The reason being, perhaps my failure, we were not told to register for meetings that were going on at the meeting side.

We attempted to enter one such meeting, and we had to stand there for forty-five minutes.

There was no chair available for any of those members who did not register to participate in that discussion.

So we decided to abort that meeting and went home.

For the rest of the time we were there, we could not attend any of those meetings because we did not register.
So I would hope that in the future, if there were such a meeting and if I am going to attend, the lawyer or the staff that accompanies the delegation should brief the delegation and to make sure that we register for any of the meetings that we may be interested in attending.
If was a good experience mainly because I was able to visit friends in the D.C. area, especially my few relatives who would have migrated out into the complicated and sophisticated world away from this simple and very nice environment that we have here.

I was able to meet and see that they are still doing okay and are becoming more outsiders to me than Micronesians.
I told them that one reason why I am not supportive of the dual citizenship is because it is an easy way to really loose our identity as one people.

Thank you, Mr. Speaker.

Speaker Simina: Thank you, Chairman Urusemal.

Our staff will look into that problem of registration.

I assumed that all the groups traveling did their requirements of registration.

So we will have to look into that.

Any other miscellaneous business?

Vice Speaker Moses?

Chairman Alik, you are looking straight at me.


You must have something in mind.

Chairman Alik: Good morning, Mr. Speaker.

I don’t have any matters at this point.

Thank you.

Speaker Simina: If no further miscellaneous business, Announcements.

ANNOUNCEMENTS Speaker Simina: I will just leave it open.

Chairman Welly: Mr. Speaker.

Speaker Simina: Chairman Welly.

Chairman Welly: Thank you, Mr. Speaker.


Your Committee on External Affairs will have an oversight hearing with the Department of External Affairs tomorrow at 1:30 p.m., in the Hearing Room.

If you want Kosraean soup, be there.

Thank you.

Speaker Simina: Thank you, Chairman Welly.

Take note members of External Affairs Committee.

Any other announcements?

Chairman Panuelo: Mr. Speaker.

Speaker Simina: Chairman Panuelo.


Chairman Panuelo: Mr. Speaker, my announcement, I wish to announce another visitor with us.

This is Ratsuki Nakaya who is a researcher/advisor from the Embassy of Japan.

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

Thank you.

-11- October 30, 2017 CONGRESSIONAL JOURNAL – OPENING DAY – 2SS – 20CFSM Speaker Simina: Thank you, Chairman Panuelo.

Chairman Urusemal.

Chairman Urusemal: Thank you very much, Mr. Speaker.
Your Committee on Education will attempt to have an oversight meeting with the Department of Education; National Government on Wednesday at 1:30 p.m. Yapese fruit salad will be served.

Thank you.

Speaker Simina: Thank you, Chairman Urusemal.

Members of Education Committee, you have a Yapese fruit salad at 1:30 p.m., Wednesday.

The key word is, “he will try”.

So it remains open.

Any other announcements?

If none, I just have a short one.


Today after session, we will have an internal meeting before the Committee to Wait on the President precede to the President’s – 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 Neth.

Senator Neth: Thank you, Mr. Speaker.


After consultation with the President, he is nice enough to allow the Committee to proceed after the session to meet him.

Speaker Simina: Take note members of the Committee to Wait on the President.

After session today, you can proceed to the President’s Office for your meeting.

Any other announcements?

If there is no further business on this Opening Day, Floor Leader Harper, make your motion.

Floor Leader Harper: Thank you, Mr. Speaker.


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

Chairman Urusemal: 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 10:48 a.m., Monday, October 30, 2017, until tomorrow, Tuesday, October 31, 2017, at 10:00 a.m. -12- CONGRESSIONAL JOURNAL TWENTIETH CONGRESS OF THEFEDERATED STATES OF MICRONESIA SECOND SPECIAL SESSION DAY TWO The Second Day of the Second Special Session of the Twentieth Congress of the Federated States of Micronesia was called to order at 10:42 a.m., Tuesday, October 31, 2017.

Tuesday, October 31, 2017 Speaker Wesley W. Simina presided.
A moment of silent prayer was observed.

The Chief Clerk called the roll.

Twelve Members were present; Chairman Gouland was excused; Floor Leader Harper was late.

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

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

PRESIDENTIAL COMMUNICATIONS -No.


20-142 - (dated and received 10/30/17) – Transmitting a grant in the amount of $100,064 from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention to fund the PPHF 2017.

-No.

20-143 - (dated and received 10/30/17) – Transmitting a proposed bill to establish the “FSM Pharmaceutical Act of 2017”.

-No.
-No.

20-144 - (dated and received 10/30/17) – Transmitting a resolution of CAD$98,500, a foreign financial assistance from the Government of Canada given to the Government of the FSM to fund and support the project “Strengthening the FSM’s Institutions that Promote Gender Equality and CEDAW Awareness Raising to the Relevant Stakeholders and Partner Agencies.” -No.
20-145 - (dated and received 10/30/17) – Transmitting the nomination of Mr. Alexander R. Narruhn to serve as a member of the Board of Trustees of the Fund (FSM Trust Fund) representing the National Government.

Speaker Simina: Chief Clerk, assign those Communications.

Next item -13- October 31, 2017 CONGRESSIONAL JOURNAL – DAY TWO – 2SS – 20CFSM FSM SUPREME COURT COMMUNICATIONS: -No.

20-07 - (dated and received on 10/30/17) – From the Hon.
Dennis K. Yamase, Chief Justice, requests that Speaker submit a representative from Congress to be on the 2018 FSM National Law Day Coordinating Committee.

Speaker Simina: Assign that, Chief Clerk.

Next item MEMBER COMMUNICATIONS -No.

20-10 - (dated 10/06/17 and received 10/30/17) – From Chairman Ferny S. Perman, Chairman, Committee on H&SA, submitting a trip report on his trip to the Republic of Palau to represent Congress at its 23rd Independence Day Celebrations on Oct. 01, 2017.
Speaker Simina: Assign that, Chief Clerk.

Next item.

DEPARTMENTAL COMMUNICATIONS -No.

20-27 - (dated 10/18/17 and received 10/30/17) – From Mrs. Magdalena A. Walter, Secretary, FSM Dept.

of Health and Social Affairs, inviting Speaker to participate in the annual FSM NCD Summit, 11-15 December 2017, in Yap State.

Speaker Simina: Assign that, Chief Clerk.

Next item.

AGENCY OR GOVERNMENTAL AUTHORITY COMMUNICATIONS -No.

20-27 - -No.
20-27 - -No.

20-28 - (dated and received 10/30/17) – From Mr. Eugene Pangelinan, Executive Director, NORMA, informing that the Western & Central Pacific Fisheries Commission (WCPFC) will be convening its 14th Regular Annual Session from 3rd to 7th December 2017, in Manila, Philippines.
(dated 10/27/17 and received 10/30/17) – From Mr. Kasio E. Mida, Senior Headquarters Executive, MRA, Inc., expressing appreciation for the attendance of members & staff of Congress at the recently completed MRA, Inc. meeting in Tokyo, Japan.

Speaker Simina: Assign those, Chief Clerk.

Next item.

STATE COMMUNICATIONS -No.


20-09 - (dated 09/29/17 and received 10/30/17) – From Mr. Ismael H. Mikel, Executive Director, Environmental Protection Agency, Chuuk State, requesting funding in the operation of the Chuuk EPA certain services.

Speaker Simina: Assign that, Chief Clerk.

Next item.

-14- October 31, 2017 CONGRESSIONAL JOURNAL – DAY TWO – 2SS – 20CFSM STATE SUPREME COURT COMMUNICATIONS None MUNICIPAL OR TOWN COMMUNICATIONS None FOREIGN GOVERNMENT COMMUNICATIONS -No.
20-21 - (dated 10/12/17 and received 10/30/17) – From the Hon.

Nguyen Thi Kim Ngan, President, National Assembly of Vietnam, sending an invitation for FSM Congress to attend the 26th Annual Meeting of the Asia-Pacific Parliamentary Forum, 18-21 January 2018 in Hanoi, Vietnam.

Speaker Simina: Assign that, Chief Clerk.

Order of the Day.

Chairman Panuelo: Mr. Speaker, point of privilege.

Speaker Simina: State your point, Chairman Panuelo.
Chairman Panuelo: Mr. Speaker, good morning to you, to Members, and those who are observing the session this morning.

Mr. Speaker, I wish to introduce some individuals who are here this morning observing our session, if you would allow me.

Speaker Simina: Proceed.

Floor Leader Harper entered and took his seat in the Chamber at 10:48 a.m. Chairman Panuelo: Mr. Speaker, we have a group of ladies here who have travelled from the Municipality of Kitti.
This group of ladies are from the Parish, Ieisuhs Nahnmwarki or the Christ the King Church in Wone, Kitti; group of Mercedes representing Wone Parish.

I wish to introduce them.

They have travelled far.

It is their first time observing the session and first time for most of them to visit our Office of Congress.

I welcome all of them.

I want to begin by introducing them and ask that they each stand for recognition.
First lady that I would like to introduce is Mrs. Marly Une, the President of Mercedes Kitti or Kaun en Pwihn.

Can we give Marly a round of recognition?

(Applause).

The second individual is a lady who says that she knows my dad.

She is very impressive.

She is eighty-four years old, a very healthy woman.

This is Mrs. Antonia Mihkel, the Advisor of the group (applause).

The third individual is Mrs. Romina Rosario, the Treasurer for this group of Mercedes.

Can we give her a round of recognition?


(Applause).

The fourth person is Mrs. Paulina, Lih Deacon, Andon, and spouse of the Deacon.

She is also an Advisor to this group.

Can we give her a round of recognition?

(Applause).

Last but not the least, we have Mrs. Pedra or Misko Kerman.

She is also an Advisor to this group (applause).

Mr. Speaker, I want to thank them, on our behalf, for coming here.

This is their first time observing our Congress session.

Thank you.
Thank you.

Mr. Speaker, if I may, let us also recognize our good friend Alex Narruhn who is the Administrator of the FSM Social Security (applause).

Thank you, Mr. Speaker.

Speaker Simina: Thank you, Chairman Panuelo.

The Congress joins you in welcoming those Mercedes from Wone.

Thank you for joining us.

We know it is difficult to travel that far.


Since you are -15- October 31, 2017 CONGRESSIONAL JOURNAL – DAY TWO – 2SS – 20CFSM here, let me ask, on behalf of Congress, that you do remember your Congress in your prayer.

Thank you very much for that.

Any other points of privilege?

Floor Leader Harper: Mr. Speaker.

Speaker Simina: Floor Leader is back.

You have the floor.

Floor Leader Harper: Thank you very much, Mr. Speaker.
I simply want to say for the record that all the ladies that were introduced by the honorable Panuelo are my peneinei (family), including Alex Narruhn.

Thank you.

Speaker Simina: Thank you, Floor Leader.

Welcome back.

We have two gentlemen from Ta.

You are supposed to introduce them.

You did not recognize them or do you ignore them?

Floor Leader Harper: I am sorry.

I do not have a list of their names with me.

May I ask Lynn if she could get the list and bring it?
Speaker Simina: We will come back to them.

Any other points of privilege?

If none, next item.

ORDER OF THE DAY STANDING COMMITTEE REPORTS None SPECIAL COMMITTEE REPORTS Sp.

C.R.

No.

20-05: By the Hon.

Dion G. Neth, Chairman, Committee to Wait on the President.

Speaker Simina: Short recess.

Speaker Simina declared the Congress recessed at 10:51 a.m., subject to the call of the Chair.

RECESS The Congress reconvened at 10:52 a.m. Speaker Simina: Congress comes back to session.

Chairman Neth.
Chairman Neth.

Senator Neth: Thank you, Mr. Speaker.

Your Committee to Wait on the President has a small brief report that has been distributed for Members’ consumption.

I so move for its adoption.

Floor Leader Harper: Second.

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

20-05.

Discussion?

Chairman Neth.

Senator Neth: The report is self-explanatory.

The Committee called on the President informing him that we are ready to transact business.
The Committee was hoping to bring him some good news but we were not able to bring him any news, good or bad news.

All news will come out after the hearings this -16- October 31, 2017 CONGRESSIONAL JOURNAL – DAY TWO – 2SS – 20CFSM afternoon.

He was receptive to that.

He was okay.

And he went on to telling us his missions trending from transportation to education, scholarship and so forth.

All are stated in the report.

Thank you.

Speaker Simina: Thank you, Chairman Neth.

Any further discussions?


Chairman Figir, do you have anything on the report?

Chairman Figir: Thank you, Mr. Speaker.

I also comment that Chairman on the Committee to Wait on the President for a well done report.

However, I just want to point out to the President’s request for supplemental for the fiber optic cable.
If my memory serves me well, after we appropriated $8 million dollars about a month ago to fund for the project in order to avoid the penalties, the letter from you, Mr. Speaker, followed that appropriation asking the President to find ways to meet the requirement under the World Bank grants and avoid spending any more local revenue but to get the grants and find ways to work and meet the requirements to avoid further appropriations out of local revenue for the project.
I wonder if that was mentioned during the visit to the President.

Speaker Simina: Chairman Neth.

Senator Neth: No, it was not mentioned.

Speaker Simina: Well, that is the thing.

I read this report line by line and between the lines and I saw nothing to indicate that they really want to push for this $7.5 million dollars.

I leave it there.

Any further discussions?

Chairman Figir, you still have the floor.

Chairman Figir: I think it is not clear despite what we say.
I think that if we do our work right we need not to spend local revenue.

But I think we need to carefully review this and continue the dialogue with the President and find out how we can help the Executive in moving on with this project rather than we give up the requirements and try to find money, which is going to be very difficult to find local revenue to pay for the project.

Although, we all know that project is very important to the FSM.
Thank you, Mr. Speaker; and I thank the Committee for the good report.

Speaker Simina: Thank you, Chairman Figir.

We will perhaps leave everything to that hearing this afternoon.

Maybe after that hearing we can have a better idea of where we go from here.

Chairman Panuelo: Mr. Speaker.

Speaker Simina: Chairman Panuelo.

Chairman Panuelo: Mr. Speaker, I merely would like to ask about that.
If there will be a hearing, we can wait and hear back from the hearing what report can transpire during the report and we can be more educated about it.

Thank you, Mr. Speaker.

Speaker Simina: Thank you, Chairman Panuelo.

I think that is the way should approach it.

Chairman Romolow: Mr. Speaker.

Speaker Simina: Chairman Romolow.

-17- October 31, 2017 CONGRESSIONAL JOURNAL – DAY TWO – 2SS – 20CFSM Chairman Romolow: Thank you, Mr. Speaker.
In the same line, I just wish to register my concern and wish that somewhere behind our brain that we can let the President find ways and means to have this money.

This amount of money is not easy to just collect on the streets but I wish that we also looked at this very important project to move forward.

If we can assist, I hope that we just don’t put on the Executive to find this $7 million money because it is not that easy.

I do understand where we are coming.


We need to be mindful of this once in a lifetime project that we cannot afford to loose.

Thank you.

Speaker Simina: Thank you, Chairman Romolow for pointing out the ultimate goal of this National Government project to have the project in place operational.

We are just still working on how to go about funding.

There is that huge sum of money just hanging out there by World Bank, free money in a sense.

Looks like we are not in a rush to utilize it.


We will see it after the hearing this afternoon what will be the approach.

Chairman Perman: Mr. Speaker.

Speaker Simina: Chairman Perman.

Chairman Perman: Thank you, Mr. Speaker.

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

Mr. Speaker.

I was part of the group that went to Washington D.C.

Seriously, what I got from our meeting with the World Bank that there is no light at the end of the tunnel.
Meaning the question was raised that if we – the higher you sign then the hiring of the new CEO will be able to release that money.

The answer was no to it.

So we asked the question that if there is more legislation to come where their lawyer (James Lumen) was saying, “Yes, there is more legislation.” After that meeting, I don’t know – that is I. I don’t know about the other members, Chairman Urusemal and Chairman Romolow were there.
I did not get the needed information that I wanted to hear so all this money will start flowing down.

To add on to that, when we will create that office, the Open Access Entity, we will be appropriating a large some of money to run that office.

It is more questions to me than answers.

Right now, I am still and I hope this hearing today – the Secretary of Finance was there.

One of our Economists, Rob Solomon, was there asking all questions, too.

We were given six weeks.


They said they would work within six weeks to come up to meet some needed things for us to meet for some kind of money to flow.

I think that is how I got it.

So six weeks.

Three weeks is already up, three more weeks to go.

I am hoping after the entire weeks are up, we will get some information from our Governor or the Secretary of Finance.

Thank you, Mr. Speaker.

Vice Speaker Moses left the Chamber at 10:56 a.m. Speaker Simina: Thank you, Chairman Perman.
Yes, we will make sure everything, the questions are asked in that hearing this afternoon.

Chairman Romolow, you still have something to say?

Chairman Romolow: Thank you, Mr. Speaker.

I might be pretending or wanting to see the end of the tunnel.

That could be a driving force in my mind that I was not hearing.

But Chairman Urusemal may also clarify what we have shared.
But the discussions in Washington D.C, I hope and see the light at the end of the tunnel with the discussions transpired that the issue on hand was the requirement from World Bank to the hiring of the CEO and the Administration of this Office.

That is one basic and one most needed requirement to release this money.

The question with regards to more legislation from Congress is mainly the level of commitment for financial support to this project.

I think World Bank want to see that.


-18- October 31, 2017 CONGRESSIONAL JOURNAL – DAY TWO – 2SS – 20CFSM It does not have to be that we would come up with money but may be a commitment of Congress as, “yes, we will support by resolution or by any legislation.” I do not know.

That is what I see during the discussion.

Thank you.

Speaker Simina: Thank you, Chairman Romolow.

We will, hopefully get as much as answers to those questions by this afternoon.

Senator Neth: Mr. Speaker.


Chairman Alik: Mr. Speaker.

Speaker Simina: Alik first, then Senator Neth.

Senator Neth: Thank you, Mr. Speaker.

The points raised are well taken.

It will be answered in detail during the hearing.

But I assure you, Mr. Speaker and Members, that the content of the report reflects what transpired in the meeting.

So I move for question.

Chairman Alik: Second.

Speaker Simina: Before we do that, I will recognize Chairman Alik.

Chairman Alik: Thank you, Mr. Speaker.


I actually was going to make a motion to move forward.

As already been indicated, there will be a public hearing this afternoon.

A lot of indications a while ago will be resolved in public hearing.

So I join the earlier motion to move forward on this matter.

Thank you.

Speaker Simina: Thank you, Chairman Alik.

Let’s hope.

There is a motion for the previous question.

If no objection, debate is closed.

Let’s vote on the report.


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

20-05 say ‘aye’ – opposed say ‘nay’.

The motion is carried.

Congress has adopted the Report, Sp.

C.R.

No.

20-95.

Next report.

Chairman Urusemal: Short recess, Mr. Speaker.

Speaker Simina declared the Congress recessed at 11:05 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.

Next item.
Next item.

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

20-34.

TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA SECOND SPECIAL SESSION October 30, 2017 to November 03,2017 COMMITTEE REFERRAL -19- October 31, 2017 CONGRESSIONAL JOURNAL – DAY TWO – 2SS – 20CFSM REFERRAL SHEET NO.

20-34, DAY 02, TUESDAY, 10/31/17, AT 10:00 A.M. C.B.

NO.

20-99 20-100 20-101 C.R.

NO.


20-55 20-56 the SUBJECT To further amend title 54 of the Code of the Federated States of Micronesia (Annotated), as amended, by amending sections 212, 221, 222 and 805 thereof, to increase import duty on alcohol, wine, sugar sweetened beverages and food products with high sodium content, and to require ten percent of net tax collected from such increase to be deposited in the Health Revolving Fund, and for other purposes.
To further amend title 55 of the Code of the Federated States of Micronesia (Annotated), as amended, by adding new sections 1613 through 1619 to establish the Health Revolving Fund, and for other purposes.

To appropriate the sum of $7,561,165 from the general fund of the Federated States of Micronesia for the fiscal year ending September 30,2017, to pay for the outstanding balances in connection with the Fiber Optic Cable Project, and for other purposes.
SUBJECT Approving and accepting a grant in the amount of $647,309 from the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, to fund the FSM Strategic Prevention Framework Partnerships for Success (SPF-PFS) Project, including all the terms and conditions of the assistance.
COMMITTEE W&M H&SA W&M COMMITTEE H&SA To confirm the nomination of Mr. Andrew Robert Yatilman to serve as the Secretary of the Department of Environment, Climate Change, and Emergency Management of the Federated States of Micronesia.

SPECIAL COMMITTEE ON CLIMATE CHANGE AND ENVIRONMENTAL ISSUES PRESIDENTIAL COMM.

NO.
NO.

SUBJECT COMMITTEE 20-126 20-127 (dated and received 09/29/17) – Transmitting a bill to appropriate $7,561,165 to pay for outstanding balances that are immediately due to the suppliers of the Fiber Opt6ic Cable project.

and received 09/29/17) (dated – Designating Congressional Act No.

20-44 as Public Law No.

20-44: “To further amend Public Law No.

18-89, as amended by Public Laws Nos.


18-102, 18-110, 18-116, 19-02, 19-09, 19-27, 19-28, 19-31, 19-58 and 19-112, by amending section 13 thereof, to change the lapse date of funds previously appropriated therein, and for other -20- W&M/T&C INFO.

October 31, 2017 CONGRESSIONAL JOURNAL – DAY TWO – 2SS – 20CFSM 20-128 20-129 20-130 20-131 20-132 20-133 20-134 purposes.” (dated and received 09/29/17) – Designating Congressional Act No.

20-45 as Public Law No.

20-45: “To amend Public Law No.


19-115, by amending section 2 thereof, to change the lapse date of funds previously appropriated therein for Yap State, and for other purposes.” and received 09/29/17) (dated - Designating Congressional Act No.

20-46 as Public Law No.

20-46: “To further amend section 12 of Public Law No.

19-118, as amended by Public Laws Nos.


19-125, 19-135 and 20-01, to extend the lapse date for a certain line items, and for other purposes.” (dated 09/29/17 and received 10/01/17) – Designating Congressional Act No.

20-42 as Public Law No.
20-47: “To further amend title 2 of the Code of the Federated States of Micronesia (Annotated), as amended, by amending section 203 and 204 thereof, to dissolve the Office of Environment and Emergency Management, to empower the Federated States of Micronesia to transition the functions of the dissolved office, and for other purposes.” the President of (dated 09/29/17 and received 10/01/17) – Transmitting a proposed resolution accepting a financial assistance made available by the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Program to fund and support the implementation of the FSM Strategic Prevention Framework Partnerships for Success in the amount of $647,309.
and received 10/09/17) (dated – Designating Congressional Act No.

20-48 as Public Law No.

20-48: “To further amend Public Law No.

19-124, as amended by Public Laws Nos.
19-133, 19-140, 19-150, 20-05, 20-15 and 20-33, by amending sections 4, 5 and 6 thereof, to change the use and allottee of certain funds fund priority previously appropriated infrastructure projects and other programs in the states of Pohnpei and Chuuk, and for other purposes.” therein, to (dated and received 10/10/17) – Calling for the convening of a Special Session of Congress for five days, beginning on October 30, 2017. and received (dated – Designating Congressional Act No.

20-53 as Public Law No.


20-49: “To further amend Public Law No.

18-11, as 10/13/17) -21- INFO.

INFO.

INFO.

H&SA INFO.

INFO.

INFO.

October 31, 2017 CONGRESSIONAL JOURNAL – DAY TWO – 2SS – 20CFSM amended by Public Laws Nos.

18-44, 18-81, 19-33, 19-106, 19-128, 19-134, 19-138 and 20-11, by amending section 1 thereof, to change the use of funds previously appropriated for public projects and social programs in the state of Pohnpei, and for other purposes.” 20-135 20-136 20-137 20-138 20-139 INFO.
INFO.

INFO.

and received 10/13/17) (dated – Designating Congressional Act No.

20-52 as Public Law No.

20-50: “To further amend Public Law No.

20-41, as Amended by Public Law No.

20-41, by amending section 4 thereof, to change the use of certain funds previously appropriated therein, to fund public projects and social programs for the people of Pohnpei State, and for other purposes.” and received 10/13/17) (dated – Designating Congressional Act No.

20-49 as Public Law No.


20-51: “To further amend Public Law No.

19-121, as amended by Public Laws Nos.

19-130, 19-142, 19-145, 19-158, 20-09 and 20-22, by amending section 4 thereof, to change the use of funds previously appropriated therein, for the purpose of funding public projects and social programs for the people of the state of Pohnpei, and for other purposes.” and received 10/13/17) (dated – Designating Congressional Act No.

20-50 as Public Law No.

20-52: “to further amend Public Law No.


18-70, as Amended by Public Laws Nos.
18-98, 18-112, 18-122, 19-07, 19-24, 19-41, 19-52, 19-73, 19-82, 19-101, 19-114, 19-139, 20-07, 20-16 and 20-36, by amending sections 4 and 6 thereof, to change the use and allottee 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.” (dated 10/18/17 and received 10/19/17) – Transmitting the nomination of Mr. Andrew Robert Yatilman to serve as recently created Department of Secretary of the Environment, Climate Change, and Emergency Management of the Federated States of Micronesia.
SPECIAL COMMITTEE ON CLIMATE CHANGE AND ENVIRONMENTAL ISSUES and received 10/25/17) (dated – Designating Congressional Act No.

20-51 as Public Law No.

20-53: “To appropriate the sum of $8,500,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, for the purpose of funding priority infrastructure projects and other projects and programs in the States of Kosrae, Pohnpei and Chuuk, and for other purposes.

INFO.
INFO.

-22- October 31, 2017 CONGRESSIONAL JOURNAL – DAY TWO – 2SS – 20CFSM 20-140 20-141 DEPARTMENTAL COMM.

NO.

20-26 AGENCY OR GOVERNMENTAL AUTHORITY COMM.

NO.

20-24 20-25 20-26 (dated 10/26/17 and received 10/27/17) – Transmitting a resolution accepting the $800,000 donation from the People’s Republic of China to subsidize the newly launched airline on December 03, 2016, between the FSM and Papua New Guinea.
T&C (dated and received 10/30/17 – Submitting a supplemental budget request – Yap-Chuuk Telecommunications cable; and Operations-FSM Consulate in Portland, Oregon.

ALL RELEVANT COMMITTEES SUBJECT COMMITTEE (dated 10/23/17 and received 10/25/17) – From Mrs. Sihna N. Lawrence, Secretary, Department of Finance & Administration, submitting the updated Fiscal Year 2018 Revenue Projection and balance of funds.

W&M/ INFO.
W&M/ INFO.

SUBJECT COMMITTEE (dated and received 09/29/17) – From Mr. Eugene Pangelinan, Executive Director, NORMA, advising Speaker and members of Congress that the Authority plans to held its bilateral fisheries consultations with the Taiwan Deep Sea Tuna Boat owners and Exporters Association (TDSTBEA) in Kaohsiung, Taiwan; and to hold other side meetings in Manila before Taiwan.
(dated 10/17/7 and received 10/25/17) – From Mrs. Anna Mendiola, President/CEO, FSM Development Bank, submittingthe FSM Development Bank Strategic Plan for the years 2017-2026.

(Not dated; received 10/27/17) – From Mr. Alexander R. Security Narruhn, Administrator, Administration, for consideration: 1st Bill -$10,000,000 loan free of interest from the National government; 2nd Bill – to further amend Title 53 of the FSM Code, amending some provisions of the Social Security Act.
Social FSM the proposed bills transmitting R&D/ INFO.

R&D H&SA STATE COMM.

NO.

SUBJECT 20-07 (dated 10/13/17 and received 10/23/17) – From Senator Skip Esah, Northern Namoneas, inviting Speaker to attend the Sapuk Community of Honolulu Annual Celebration on October 28, 2017 at the Kuhio Park Terrace, in Honolulu, Hawaii.

COMMITTEE INFO.
COMMITTEE INFO.

-23- October 31, 2017 CONGRESSIONAL JOURNAL – DAY TWO – 2SS – 20CFSM 20-08 (dated 10/20/17 and received 10/27/17) – From Florence P. Stanley, Chief Clerk, Chuuk State House of Representatives, transmitting a certified Resolution No.
14-17-HR-02, adopted during their 1st regular session: “To call for a quick resolution to the cause of delay between our FSM National Government, FSM Telecom and the World Bank for the Chuuk State urgent need for (fiber-optic) connecting ensuring broadband its municipalities, villages, for reasonable costing communities and schools.” and INFO.

/ T&C FOREIGN GOVERNMENT COMM.

NO.

SUBJECT COMMITTEE 20-18 20-19 20-20 (dated 09/04/17 and received 10/12/17) – From H.E.
Gerardo Lozano Arredondo, Ambassador of Mexico to the Philippines, writing to request assistance to support the candidacy of Senator Gabriela Cuevas Barron to the post of President of the IPU for the next three years.

(dated 09/14/17 and received 10/23/17) – From the Hon.

Saber Chowdery, President of IPU then, informing about the Buenos Aires Session of the Parliamentary Conference on the WTO to be held at the premises of the National Congress of Argentina, 9-10 December 2017.
(Dated 10/18/17 & received 10/27/17) – From former IPU President Saber H. Chowdery, concluding his tenure as President of IPU, congratulating the new President Madame Gabriela Cuevas Barron of Mexico as the IPU next President, and attaching the Presidential Declaration on the state of democracy in the world today.

INFO.

INFO.

INFO.

Speaker Simina: Chairmen and members of Committees, take a look at that and make your plans accordingly.

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

Floor Leader Harper: Thank you, Mr. Speaker.

I rise on a point of privilege to introduce two constituents of mine whom you also suggested that I introduce them.

I am happy to introduce Mr. Obef Marluk.

He is the Assistant Judge of Ta Municipality.

The second one is Berson Chiren, the Chairman of the Ta Municipal Council.

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

Speaker Simina: Thank you, Floor Leader Harper.

Those are your constituents, not mine.


Chairman Urusemal: Mr. Speaker.

-24- October 31, 2017 CONGRESSIONAL JOURNAL – DAY TWO – 2SS – 20CFSM Speaker Simina: Chairman Urusemal.

Chairman Urusemal: May I follow suit of the point of privilege?

Speaker Simina: State your point, Chairman Urusemal.

Chairman Urusemal: I also want to introduce a constituent of mine, Mr. Pelsesar Petrus (applause).

He has a very good taro patch and a very good taro in his taro patch.
Speaker Simina: But he doesn’t know how to grow them.

Someone else is growing them for him.

Chairman Figir, you have the floor.

Chairman Figir: Thank you, Mr. Speaker.

I move that we go down to the Resolution Calendar.

Chairman Panuelo: Second.

Speaker Simina: It has been moved and seconded that we go down to item Nineteen, Resolution Calendar.

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

The motion is carried.

RESOLUTION CALENDAR Speaker Simina: Chairman Figir.
Chairman Figir: Thank you, Mr. Speaker.

I move to place Congressional Resolution No.

20-57 on the Resolution Calendar for action.

Chairman Urusemal: Second.

Speaker Simina: It has been move and seconded that Resolution No.

20-57 be placed on the Resolution Calendar for action.

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

The motion is carried.

The Resolution, C.R.

No.

20-57, is now on the Resolution Calendar for action.

Chairman Figir.
Chairman Figir.

Chairman Figir: I move that we go back to Bill Calendar.

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 11:16 a.m.

RECESS Speaker Simina: Congress comes back to session.

Chairman Figir, make your motion for adoption.

Chairman Figir: I move that we adopt Congress Resolution No.

20-57.

-25- October 31, 2017 CONGRESSIONAL JOURNAL – DAY TWO – 2SS – 20CFSM C.R.

No.
No.

20-57: 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.

Floor Leader Harper: Second.

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

20-57.

Let the record reflect that any relevant rules that may impede our action are suspended.

Any discussion?

Chairman Urusemal: Mr. Speaker.

Speaker Simina: Chairman Urusemal.


Chairman Urusemal: Point of information.

How much is increased in this Resolution (C.R.

No.

20-57) in local revenue?

Chairman Figir: Mr. Speaker.

Speaker Simina: Chairman Figir.

Chairman Figir: You know, it does not matter how much you look at the paper and read it.

The increase is about $14 million dollars.

You cannot make any more unless you do something to make more local revenue.
That is the money that we are trying to spend and reject any other grants offer to us.

Thank you.

Speaker Simina: Thank you, Chairman Figir.

Did you hear it?

Chairman Urusemal: I look at the paper and I don’t know where I can add $14 million.

It just says $97 of which $83.

I don’t know what was the figure before $83.

Speaker Simina: I was going to suggest you look at the last resolution on the ceiling and just compare.

But that is what he said, “$14 million”.


We should be content with the information from Chairman Figir.

Any further discussion?

If none, debate is closed.

Let’s vote.

All those in favor of the adoption of Congress Resolution No.

20-57 say ‘aye’ – opposed say ‘nay’.

The motion is carried.

Congress has adopted the Resolution, C.R.

No.

20-57.

Next resolution.

Chairman Figir: Mr. Speaker.

Speaker Simina: Chairman Figir.

Chairman Figir: I suggest we go back to item Eighteen, Bill Calendar.
Chairman Panuelo: Second.

Speaker Simina: It has been moved and seconded that we go back to item Eighteen, Bill Calendar.

If there is no objection, so be it.

-26- October 31, 2017 CONGRESSIONAL JOURNAL – DAY TWO – 2SS – 20CFSM Speaker Simina: Chairman Figir, you have the floor.

BILL CALENDAR Chairman Figir: Thank you, Mr. Speaker.

I see and hear nothing so I yield to Chairman Panuelo.

Chairman Panuelo: Thank you, Mr. Speaker.


Speaking of spending and with the good authorization by our good Chairman of Ways and Means, with that adopted resolution of the ceiling, and based on consensus reached by Members of Congress during our internal meeting, Mr. Speaker, now I wish to make a motion to withdraw and place C.B.

No.

20-103 on the Bill Calendar for action.

Floor Leader Harper: Second.

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

No.
No.

20-103 be withdrawn from Committee and placed on the Calendar for first reading action.

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

The motion is carried.

The Bill, C.B.

No.

20-103, is now placed on the Calendar for action.

Let the record reflect that the relevant rules are still suspended.

Chairman Figir.

Chairman Figir: I yield the floor.

Speaker Simina: Chairman Panuelo, make the motion for passage.

Chairman Panuelo: Mr. Speaker, I so move for the passage of C.B.

No.
No.

20-103 on first reading.

C.B.

No.

20-103 (1st Reading): To amend sections 1, 8 and 9 of Public Law No.

20-42 by appropriating $5,333,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, to provide funding for the set up and operations costs of a consulate on the West Coast of the United States and for the FSM Trust Fund, to make a technical correction, and for other purposes.

Chairman Figir: Second.


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

No.

20-103.

Discussion?

Senator Neth: Mr. Speaker.

Speaker Simina: Senator Neth.

Senator Neth: No, it is okay.

Speaker Simina: If no further discussion, 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 Aye Aye -27- October 31, 2017 CONGRESSIONAL JOURNAL – DAY TWO – 2SS – 20CFSM 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 Absent Aye Aye Absent Aye Aye Aye Aye Aye Aye Aye Chief Clerk: Mr. Speaker, twelve Members voted for, two absent.
Speaker Simina: For that reason, Congress passes C.B.

No.

20-103 on first reading.

Next bill.

Short recess.

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

RECESS Chairman Isaac V. Figir left the Chamber at 11:23 a.m.

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

We are still on the Bill Calendar.

If there are no other bills, let’s go back to our regular order.

Unfinished Business.

UNFINISHED BUSINESS C.B.

No.


20-92 (1st Reading): To amend section 605 of title 9 of the Code of the Federated States of Micronesia (Annotated), to create a new special Polling Place located outside of the Federated States of Micronesia, and for other purpose.

Deferred on 09/26/17 to this session of Congress.

Speaker Simina: Chairman Romolow.

Chairman Romolow: I move for the passage of C.B.

No.

20-92 on first reading.

Floor Leader Harper: Second.


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

No.

20- 92.

Discussion?

Chairman Urusemal: Mr. Speaker.

Speaker Simina: Chairman Urusemal.

-28- October 31, 2017 CONGRESSIONAL JOURNAL – DAY TWO – 2SS – 20CFSM Chairman Urusemal: Mr. Speaker, with all due respect, I continue to have concern with this kind of measure especially in light of the rain and 2023.
As was indicated, I don’t know if it was in the report, but the President indicated it yesterday, the revenue for the Nation is going down.

I am concerned that with the addition of this special polling place is going to cost the Government some money.

That is my concern.

I continue to hope that our people outside of the FSM will see fit and be encouraged to submit their ballots by absentee, which does not cost a lot of money but is less expensive for the Government.
Therefore, I am not in support of the bill.

Speaker Simina: Thank you.

Chairman Urusemal for you candid few on the Bill, C.B.

No.

20-92.

Any other discussion?

Chairman Perman: Short recess.

Speaker Simina declared the Congress recessed at 11:28 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.

Chairman Welly, you have the floor.

Chairman Welly: Thank you, Mr. Speaker.


I tend to agree with my friend across from me regarding the cost of the polling places.

I also read the constitutional right to vote rose earlier during the recess.

There is no denial of innocent people to vote through the absentee.

That should take care of that.

If we give to Maui, and you said earlier, next thing you know you will have Portland and other places that would request the same.
I think, as raised by good Chairman across from me, the U.S. does not have these polling places here.

If they do around the world, it will cost a lot.

Who are we?

With the very little money we have in the FSM and yet we are trying to go around the world looking for polling places.

With all due respect to my proponent of the bill here, I will not support the Bill, C.B.

No.

20-92.

Thank you, Mr. Speaker.

Speaker Simina: Thank you, Chairman Welly for your candid discussion of the Bill, C.B.

No.
No.

20- 92.

Chairman Romolow: Mr. Speaker.

Speaker Simina: Chairman Romolow.

Chairman Romolow: Thank you, Mr. Speaker.

Before I make my motion for deferment of the Bill, C.B.

No.

20-92, I wish to also register my concern and points toward this Bill, C.B.

No.

20-92.

Yes, there have been discussions concerning constitutional right to and with no denials.
We did not deny their constitutional rights by not providing their special polling place but we did not make it easy on their part to have the special polling places.

Yes, they can request for other cities in the U.S. mainland but if we have justified enough to have a consulate office for pacific northwest or the east coast, then special polling places can also be justified enough that areas can comprise of not Portland, Oregon but other pacific northwest states or the west coast so as the other places.
These requests are not a thoughtful mind of the Director but through request of the citizens who have taken their effort to submit a request by gathering -29- October 31, 2017 CONGRESSIONAL JOURNAL – DAY TWO – 2SS – 20CFSM more signatures to justify the need that we need to take out and provide special places for polling places for them.
Let’s not forget the millions of money that these citizens have contributed to our Nation through remnants of the money that they sent to the FSM and sent back from where they are residing.

I move that we defer this Bill (C.B.

No.

20-92) to tomorrow’s session.

Chairman Panuelo: Second.

Speaker Simina: It has been moved and seconded that we defer the Bill (C.B.

No.

20-92) to tomorrow’s session.

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

The motion is carried.

The Bill, C.B.


No.

20-92, is deferred to tomorrow’s session.

Next item under Unfinished Business.

C.R.

No.

20-46: To confirm the nomination of Ms. Alissa R. Takesy to serve as a member of the National Scholarship Board representing the National Government of the Federated States of Micronesia.

– FOR ADOPTION – EDUC.

– (cf.

SCR No.

20-35, adopted 09/28/17).

Deferred on 09/28/17 to this session of Congress.

Speaker Simina: Chairman Urusemal.


Chairman Urusemal: Thank you, Mr. Speaker.

I want 14/0 score on this one so I move to defer it to Thursday’s Calendar.

Chairman Panuelo: Second.

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

No.

20-46 be deferred to our session on Thursday.

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

The motion is carried.

The Resolution, C.R.

No.

20-46, is deferred to Thursday’s session.

Next unfinished item.


Chief Clerk: There are none, Mr. Speaker.

Speaker Simina: We are already finished with Bill Calendar same as Resolution – Floor Leader Harper: Mr. Speaker.

Speaker Simina: Floor Leader Harper.

Floor Leader Harper: Thank you, Mr. Speaker.

I have a resolution that I intent to withdraw but because of the few Members that are going away, I will try to withdraw the resolution tomorrow.

Speaker Simina: Yes, you can wait until tomorrow or Thursday.
Next item is Introduction of Bills and Resolutions.

C.B.

No.

20-99: INTRODUCTION OF BILLS Introduce by: Floor Leader Harper (By request) Assigned to: W&M Date introduced: October 31, 2017 To further amend title 54 of the Code of the Federated States of Micronesia -30- October 31, 2017 CONGRESSIONAL JOURNAL – DAY TWO – 2SS – 20CFSM C.B.

No.

20-100: C.B.

No.

20-101: C.B.

No.

20-102: C.B.

No.


20-103: (Annotated), as amended, by amending sections 212, 221, 222 and 805 thereof, to increase the import duty on alcohol, wine, sugar sweetened beverages and food products with high sodium content, and to require ten percent (10%) of net tax collected from such increase to be deposited in the Health Revolving Fund, and for other purposes.
Introduce by: Floor Leader Harper (By request) Assigned to: H&SA Date introduced: October 31, 2017 To further amend title 55 of the Code of the Federated States of Micronesia (Annotated), as amended, by adding new sections 1613 through 1619 to establish the Health Revolving Fund, and for other purposes.
Introduce by: Floor Leader Harper (By request) Assigned to: W&M Date introduced: October 31, 2017 To appropriate the sum of $7,561,165 from the general fund of the Federated States of Micronesia for the fiscal year ending September 30,2017, to pay for the outstanding balances in connection with the Fiber Optic Cable Project, and for other purposes.

Introduce by: Senator Alik Assigned to: W&M Date introduced: October 31, 2017 To further amend Public Law No.

19-10, as amended by Public Laws Nos.


19-26, 19-42, 19-51, 19-56, 19-72, 19-78, 19-96, 19-132, 19-163, 20-03, and 20-25, by amending section 3 thereof, to change the use of funds previously appropriated therein, for the purpose of funding public projects and social programs in the state of Kosrae, and for other purposes.

Introduce by: Senator Panuelo Assigned to: W&M Date introduced: October 31, 2017 To amend sections 1, 8 and 9 of Public Law No.
20-42 by appropriating $5,333,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, to provide funding for the set up and operations costs of a consulate on the West Coast of the United States and for the FSM Trust Fund, to make a technical correction, and for other purposes.= INTRODUCTION OF RESOLUTIONS C.R.

No.
No.

20-55: Introduced by: Floor Leader Harper (By request) Assigned to: H&SA Date introduced: October 31, 2017 Approving and accepting a grant in the amount of $647,309 from the U.S. Department of Health and Human Services, Substance Abuse and Mental Health -31- October 31, 2017 CONGRESSIONAL JOURNAL – DAY TWO – 2SS – 20CFSM C.R.

No.

20-56: C.R.

No.


20-57: Services Administration, to fund the FSM Strategic Prevention Framework Partnerships for Success (SPF-PFS) Project, including all the terms and conditions of the assistance.

Introduced by: Floor Leader Harper (By request) Assigned to: SCOCC&EI Date introduced: October 31, 2017 To confirm the nomination of Mr. Andrew Robert Yatilman to serve as the Secretary of the Department of Environment, Climate Change, and Emergency Management of the Federated States of Micronesia.
Introduced by: Senator Figir Assigned to: NONE Date introduced: October 31, 2017 Setting the ceiling of the total funds estimated to be available for appropriation from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018.

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

Chairman Romolow: Point of privilege.

Speaker Simina: Chairman Romolow.

Chairman Romolow: Thank you, Mr. Speaker.


I wish to ask this Congress to welcome and recognize our new staff who has been added to our Congressional staff who will be a legal staff to certain committees and my Committee happens to be one of the Committees that she will be legal staff to.

May I ask we give Stephanie Ritland a warm welcome and recognition?

(Applause).

Thank you.

Speaker Simina: Thank you, Chairman Romolow for introducing our new legal staff.

I don’t know who made the assignment.


I haven’t made the assignment.

So I will decide that later.

Any other miscellaneous business?

Floor Leader Harper: Mr. Speaker.

Speaker Simina: Floor Leader Harper.

Floor Leader Harper: Thank you, Mr. Speaker.


During this miscellaneous, I just want to say that I have the privilege of being given a copy of e-mail, a letter from Jim Stovall to you, Mr. Speaker, relating to the possibility of Mr. James Nietzsche working with Jim Stover and the other gentlemen on the project that Congress appropriated the money for.
I would like to ask if there is anything that you or other people -32- October 31, 2017 CONGRESSIONAL JOURNAL – DAY TWO – 2SS – 20CFSM have come up with in relevance to the concern raised by Mr. Stovall asking if James Nietzsche can be helping him on that particular project.

Speaker Simina: Thank you, Floor Leader Harper for that comment.

Yes, we are currently working on how to set up the arrangement.

We are working with Chairman Figir.

I believe you can also be part of that if you have an interest.
We will try to figure out what to do about that before our session ends.

Any other miscellaneous business?

Chairman Urusemal, you are deep in thought.

Chairman Urusemal: Thank you, Mr. Speaker.

Tomorrow is all – short recess.

Speaker Simina declared the Congress recessed at 11:45 a.m., subject to the call of the Chair.

The Congress reconvened at 11:47 a.m.

RECESS Speaker Simina: Congress comes back to session.

We are still on Miscellaneous Business.

Any other miscellaneous business?


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

Speaker Simina: Chairman Welly.

ANNOUNCEMENTS Chairman Welly: Thank you, Mr. Speaker.

I just have a reminder about today’s 1:00 o’clock meeting with the Department of External Affairs.

Thank you.

Speaker Simina: Take note.

Remember that members of External Affairs Committee.

Chairman Alik.

Chairman Alik: May I move for a short recess.


Speaker Simina declared the Congress recessed at 11:48 a.m., subject to the call of the Chair.

The Congress reconvened at 11:52 a.m.

RECESS Speaker Simina: Congress comes back to session.

Chairman Alik, make your announcement.

Chairman Alik: Thank you, Mr. Speaker.

I would like to announce that your Committee would hold a public hearing on the nomination of Mr. Yatilman for the new Department of Environment.

Thank you.
Thank you.

Speaker Simina: Take note members of the Special Committee on Climate Change.

Tomorrow at 8:30 a.m. on Yatilman nomination.

Chairman Perman.

Chairman Perman: Thank you, Mr. Speaker.

We will have a public hearing tomorrow.

I will announce the proper time.

Thank you, Mr. Speaker.

-33- October 31, 2017 CONGRESSIONAL JOURNAL – DAY TWO – 2SS – 20CFSM Speaker Simina: Thank you, Chairman Perman for the heads up.

Chairman Romolow.

Chairman Panuelo.


Chairman Panuelo: No announcements, Mr. Speaker.

Speaker Simina: Chairman Urusemal.

Chairman Urusemal: Thank you, Mr. Speaker.

Your Committee on Education will have an oversight meeting with the Department of Education National Government at 1:00 o’clock.
Issues will include everything and anything under the sun, including NMCD, School accreditation, $8.3 million for Education, Scholarships available to the Nation from Congress and everywhere under the sun and other issues.

Speaker Simina: Thank you, Chairman Urusemal.

Take note members of Education Committee.

You have a long oversight hearing.

Senator Neth.

Senator Aritos.

Senator Konman.

Floor Leader Harper, do you have any announcement before you make your usual motion?
Floor Leader Harper: Mr. Speaker, I don’t have any announcement but may I ask if I can invite my two constituents to join us for the lunch today?

Speaker Simina: No.

You may not.

Of course, it is up to you.

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

Senator Konman: Second.

Speaker Simina: It has been moved and seconded that we 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 morning at 10:00 a.m. Speaker Simina declared that the Congress stand in recess at 11:55 a.m., Tuesday, October 31, 2017, until tomorrow, Wednesday, November 01, 2017, at 10:00 a.m. -34- TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA SECOND SPECIAL SESSION DAY THREE The Third Day of the Second Special Session of the Twentieth Congress of the Federated States of Micronesia was called to order at 10:35 a.m., Wednesday, November 01, 2017.
Wednesday, November 01, 2017 Speaker Wesley W. Simina presided.

A moment of silent prayer was observed.

The Chief Clerk called the roll.

Thirteen Members were present; Chairman Gouland was excused.

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

PRESIDENTIAL COMMUNICATIONS None FSM SUPREME COURT COMMUNICATIONS None MEMBER COMMUNICATIONS -No.
20-11 - (dated and received 10/31/17) – From Chairman Welly of the Committee on External Affairs, submitting a report on the oversight hearing on the proposed Consulate Office in Portland, Oregon.

Speaker Simina: Assign that, Chief Clerk.

Next item.

DEPARTMENTAL COMMUNICATIONS None AGENCY OR GOVERNMENTAL AUTHORITY COMMUNICATIONS None STATE COMMUNICATIONS -No.
20-10 - (dated 10/30/17 and received 10/31/17) – From Director Churchill Edward, Pohnpei Department of Education, informing Congress that the Pohnpei Department of Education is hosting its first student Leadership Conference during November 9, 2017; and requesting for sponsorship.

Speaker Simina: Assign that, Chief Clerk.

Next item.
Next item.

STATE SUPREME COURT COMMUNICATIONS -35- November 1, 2017 CONGRESSIONAL JOURNAL – DAY THREE – 2SS – 20CFSM 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.

20-15.

TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA SECOND SPECIAL SESSION OCTOBER 30, 2017 TO NOVEMBER 03, 2017 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.
20-05, 3RD DAY , WEDNESDAY, NOVEMBER 01, 2017, AT 10:00 A.M. REPORT NO.

Sp.

C.R.

No.

20-06 SUBJECT DATE & TIME RE: C.R.

No.

20-56, “A resolution to confirm the nomination of Mr. Andrew Robert Yatilman to serve as the Secretary of the Department of Environment, Climate Change and Emergency Management of the Federated States of Micronesia.” – Submitted by: SCOCC&EI Committee.

11/01/17 @ 10:00 a.m. Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 10:38 a.m., subject to the call of the Chair.

The Congress reconvened at 10:39 a.m.

RECESS Speaker Simina: Congress comes back to session.

We are still on the Standing Committee Reports.

Chairman Alik.

Chairman Alik: Thank you, Mr. Speaker.

I would like to move to withdraw and place Special Committee Report No.

20-06 on the Order for action.

Senator Konman: Second.

Speaker Simina: It has been moved and seconded that Special Committee Report No.
20-06 be placed on the Standing Committee Reports Calendar for action.

All those in favor of the motion say ‘aye’ -36- November 1, 2017 CONGRESSIONAL JOURNAL – DAY THREE – 2SS – 20CFSM – opposed say ‘nay’.

The motion is carried.

The Report, Sp.

C.R.

No.

20-06, is placed on the Calendar for action.

Floor Leader Harper: Mr. Speaker.

Speaker Simina: Floor Leader Harper.

Floor Leader Harper: Thank you, Mr. Speaker.


This is just to safeguard we are not violating any of our rules; I hereby move to suspend any rules that may impede our action on the Report (Sp.

C.R.

No.

20-06).

Chairman Perman: Second.

Speaker Simina: It has been moved and seconded that all relevant rules that may impede our action be suspended.

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

The motion is carried.

The relevant rules are 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 10:41 a.m.

RECESS Speaker Simina: Congress comes back to session.

The Report, Sp.

C.R.

No.

20-06, has been placed on the Calendar for action.

Chairman Alik.

Chairman Alik: Thank you, Mr. Speaker.

I move for the adoption of that report.

-Sp.

C.R.

No.

20-06, RE: C.R.

No.


20-56, “A resolution to confirm the nomination of Mr. Andrew Robert Yatilman to serve as the Secretary of the Department of Environment, Climate Change and Emergency Management of the Federated States of Micronesia.” – Submitted by: SCOCC&EI Committee.

Senator Konman: Second.

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

C.R.

No.

20-06.

Discussion?

Floor Leader Harper: Mr. Speaker.

Speaker Simina: Floor Leader Harper.


Floor Leader Harper: Thank you, Mr. Speaker.

I don’t know whether my question would be out of the content of the Report, Sp.

C.R.

No.

20-06, but I would like to ask members of the Committee to give me three things that will really convince me to vote for this nominee.

Three things that he accomplished while he was serving as the Director of OEEM, and now he is elevating to the position of Secretary.
I want to know if there were things he accomplished while he was the Director of the OEEM.

Speaker Simina: Chairman Alik and members of the Climate Change Committee, three things he accomplished.

Chairman Alik: Thank you, Mr. Speaker.

If I may try to help on that question, first I believe most of us know Mr. Yatilman.

He has been in that position for a number of years.

We believe he will be very instrumental in working out the programs for that Department.
Secondly, as discussed in our meeting this -37- November 1, 2017 CONGRESSIONAL JOURNAL – DAY THREE – 2SS – 20CFSM morning, most of the projects in relation to this Department will be discussed with him to see if we can refocused ourselves on those important issues, especially in the area of climate change.

So we believe his presence working with us in that matter is very important.

Speaker Simina: Those are two things.

What is the third?
What is the third?

Chairman Alik: Thirdly, Mr. Speaker, as you know Mr. Yatilman is from the state Yap and we believe that his membership in the Cabinet of the President will truly help not only the state of Yap but the whole Nation in terms of activities of the Department.

Speaker Simina: Very good third reason.

Are you satisfied, Floor Leader Harper?

Floor Leader Harper: Thank you, Mr. Speaker.

To be honest, I am not totally satisfied with the response.
But anyway, I am ready to vote for this nomination but I do not know whether I will vote for him or not unless my brother here (Chairman Urusemal) really convinces me to vote for him.

Chairman Romolow: Mr. Speaker.

Speaker Simina: Chairman Romolow.

Chairman Romolow: Thank you, Mr. Speaker.

Good morning to you all.

I just want to add on to what the Chairman of the Committee of Climate Change had stated regarding this nominee.
If we recall, this nominee was the first director of the OEEM when it was created.

Now the Office is elevated to department and this is another new department, and we feel that with his leadership with the new created Office will also contribute to an effective work that he will do to continue the work of the Office into a department.

I believe that his work speaks for itself since the creation of the Office.
I believe that is the same reason the President felt with this individual to submit as the director of this new created department.

Thank you.

Speaker Simina: Thank you, Chairman Romolow.

I think your vote is going to be “no” by listening to your statement, or am I misleading you?

Vice Speaker Moses: Mr. Speaker.

Speaker Simina: Yes, Vice Speaker Moses.

Vice Speaker Moses: Thank you, Mr. Speaker.

Good morning to you, Members, and those observing from the gallery.
You know, the transition from the Office of OEEM to the Department initially began as an initiative of Congress but then it transitioned into an Executive Branch activity.

There were amendments to the proposed previous bills to have this person transition from the Director to a secretary position.

But then, during the last session, it was made known that constitutionally, that would not be appropriate.
I believe the consensus was that it was going to be a smooth transition from Director to Secretary, if I may not be mistaken.

The accomplishments that the office had made since it was created, I believe it is a matter of significance to our Country and our participation on the world stage in terms of climate change.

Now we have included as a major portion of the new Department’s function.
The accomplishments that were made during Mr. Yatilman’s directorship with the Office of OEEM as resulted with the FSM ratifying the Paris Agreement, which is a major treaty that we have been made a part of.

Also, I believe another accomplishment is under the Montreal Protocol, which has resulted in the FSM probably participating in the next meeting in Montreal in which the FSM will be receiving a reward for its work under the Montreal Protocol.
I believe there are accomplishments that the Office had made since it was created.

I think there is merit in considering this person as a new secretary of the newly created department.

Thank you, Mr. Speaker.

-38- November 1, 2017 CONGRESSIONAL JOURNAL – DAY THREE – 2SS – 20CFSM Speaker Simina: Thank you, Vice Speaker Moses for pointing some of those highlights of the success of our effort especially with respect to that office and the individual himself.

Chairman Figir: Short recess.


Speaker Simina declared the Congress recessed at 10:49 a.m., subject to the call of the Chair.

The Congress reconvened at 10:56 a.m.

RECESS Speaker Simina: Congress comes back to session.

We are still on discussion of the Report, Sp.

C.R.

No.

20-06.

Any further discussion?

Chairman Perman: Question.

Chairman Figir: Second.

Speaker Simina: Question has been called for.

If there is no objection, debate is closed.

Let’s vote.
Let’s vote.

All those in favor of the adoption of the Report No.

20-06 say ‘aye’ – opposed say ‘nay’.

The motion is carried.

Congress has adopted the Report, Sp.

C.R.

No.

20-06.

Next report.

Chief Clerk: There are none, Mr. Speaker.

Chairman Welly: Mr. Speaker.

Speaker Simina: Chairman Welly.

Chairman Welly: Thank you, Mr. Speaker.

Good morning.

I move that we go down to Resolution Calendar.

Chairman Figir: Second.


Speaker Simina: It has been moved and seconded that we go down to Resolution Calendar.

If there is no objection, let’s move down to Resolution Calendar.

RESOLUTION CALENDAR C.R.

No.

20-56: To confirm the nomination of Mr. Andrew Robert Yatilman to serve as the Secretary of the Department of Environment, Climate Change, and Emergency Management of the Federated States of Micronesia.

– SCOCC&EI.

Speaker Simina: Chairman Alik.

Chairman Alik: Thank you, Mr. Speaker.


I move for the adoption of the said Resolution (C.R.

No.

20-56).

Chairman Perman: Second.

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

20-56.

Discussion?

Short recess.

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

RECESS -39- November 1, 2017 CONGRESSIONAL JOURNAL – DAY THREE – 2SS – 20CFSM The Congress reconvened at 10:59 a.m. Speaker Simina: Congress comes back to session.
We are still on discussion of Congress Resolution No.

20-56.

I did not know Robert is his middle name.

Any further discussion?

Chairman Figir: Question.

Speaker Simina: If there is no objection, debate is closed.

This is a nomination so we will be voting by secret ballot.

Ten votes are required for adoption.

Short recess.

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

The Congress reconvened at 11:02 a.m.


RECESS Speaker Simina: Congress comes back to session.

Chief Clerk, announce the results.

Chief Clerk: Mr. Speaker, ten Members voted in favor, three against.

Speaker Simina: For that reason, Congressional Resolution No.

20-56 has been adopted.

Mr. Yatilman is confirmed as the new Secretary of the Department of Environment, Climate Change, and Emergency Management.

Let’s give him a hand (applause).

Next resolution.

Floor Leader Harper: Mr. Speaker.


Speaker Simina: Floor Leader Harper.

Floor Leader Harper: Thank you, Mr. Speaker.

If I may not be out of order, I move to withdraw Resolution No.

20-52 and place it on the Resolution Calendar for action.

C.R.

No.

20-52: To confirm the nomination of Mr. Alfred Ansin to serve as a member on the Board of Directors for Caroline Island Air (CIA), representing the State of Chuuk.

Chairman Urusemal: Second.


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

20-52 be withdrawn and placed on the Resolution Calendar for action.

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

The motion is carried.

The Resolution, C.R.

No.

20-52, is now placed on the Resolution Calendar for action.

Floor Leader Harper.

Floor Leader Harper: Thank you, Mr. Speaker.

I so move for the adoption of the said Resolution (C.R.

No.

20-52).
No.

20-52).

The relevant rules that might impede action on C.R.

No.

20-52 are suspended.

Chairman Panuelo: Second.

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

20-52.

Chairman Figir: Can we – Speaker Simina: Chairman Figir.

-40- November 1, 2017 CONGRESSIONAL JOURNAL – DAY THREE – 2SS – 20CFSM Chairman Figir: Can we have the title of the Resolution (C.R.

No.

20-52)?

The Chief Clerk read the title of Congressional Resolution No.

20-52.
20-52.

Speaker Simina: There you have it, Chairman Figir.

Discussion?

Chairman Urusemal: Mr. Speaker.

Speaker Simina: Chairman Urusemal.

Chairman Urusemal: During the last discussion on the nomination that was already confirmed, my good brother here asked for three accomplishment of the nominee.

I am going to mention three accomplishment of this one that we are considering: 1.

He has been a very committed and dedicated worker as a staff of Congress, doing very good with budget.
I had encouraged him to take the Budget Officer position but I guess for humble reason and others, he declined.

2.

Every time I asked for balances of my travel, Rep. Funds, or anything pertaining to budget, he has been very helpful.

3.

He is from an outer island.

So he can help improve air transportation in the outer islands.

And off record, he is going to Yap State, with your approval, Mr. Speaker, and I am begging you to approve his travel to Yap because he is going to be doing something.
Thank you, Mr. Speaker.

Speaker Simina: Thank you, Chairman Urusemal.

You mentioned four things.

Chairman Perman: Short recess.

Speaker Simina declared the Congress recessed at 11:06 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.

We are still on discussion of the Resolution (C.R.

No.

20-52).

Any further discussion, if none, debate is closed.

Let’s vote by secret ballot.

Ten votes required.

Short recess.


Speaker Simina declared the Congress recessed at 11:09 a.m., subject to the call of the Chair.

The Congress reconvened at 11:13 a.m.

RECESS Speaker Simina: Congress comes back to session.

Chief Clerk, announce the results.

Chief Clerk: Mr. Speaker, twelve Members voted for, one against, one excused.

Speaker Simina: For that reason, C.R.

No.

20-52 is adopted.

Mr. Ansin is confirmed as a member of the Board of Directors (applause).

Next resolution.
Next resolution.

Chief Clerk: There are none, Mr. Speaker.

Senator Konman: Mr. Speaker.

-41- November 1, 2017 CONGRESSIONAL JOURNAL – DAY THREE – 2SS – 20CFSM Speaker Simina: Senator Konman.

Senator Konman: Thank you very much, Mr. Speaker.

I move to place Congress Resolution – short recess.

Speaker Simina declared the Congress recessed at 11:14 a.m., subject to the call of the Chair.

The Congress reconvened at 11:15 a.m.

RECESS Speaker Simina: Congress comes back to session.
Senator Konman, you have the floor.

Senator Konman: Thank you very much, Mr. Speaker.

I move to place Congressional Resolution No.

20-46 on our Resolution Calendar for today’s action.

Thank you.

I so move.

C.R.

No.

20-46: To confirm the nomination of Ms. Alissa R. Takesy to serve as a member of the National Scholarship Board representing the National Government Federated States of Micronesia.

Floor Leader Harper: Second.

Speaker Simina: It has been moved and seconded that Congress Resolution No.
20-46 be placed on the Resolution Calendar for action.

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

The motion is carried.

The Resolution, C.R.

No.

20-46, is placed on the Resolution Calendar for action.

Chief Clerk, read the title.

The Chief Clerk read the title of C.R.

No.

20-46.

Speaker Simina: Senator Konman, make the motion for adoption.

Senator Konman: Thank you very much, Mr. Speaker.

I move for adoption of C.R.

No.

20-46.

Chairman Urusemal: Second.


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

20-46.

Discussion?

Floor Leader Harper: Mr. Speaker.

Speaker Simina: Floor Leader Harper.

Floor Leader Harper: Thank you, Mr. Speaker.

Again, I would like to ask any Member to give me just one reason that I would not vote for this young lady.

Speaker Simina: Members, especially Education Committee.

Chairman Perman: Question.

Senator Neth: Second.


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

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

The motion is carried.

Debate is closed.

Let’s vote on that Resolution (C.R.

No.

20-46) by secret ballots.

Ten votes required.

Short recess.

-42- November 1, 2017 CONGRESSIONAL JOURNAL – DAY THREE – 2SS – 20CFSM Speaker Simina declared the Congress recessed at 11:17 a.m., subject to the call of the Chair.
The Congress reconvened at 11:20 a.m.

RECESS Speaker Simina: Congress comes back to session.

Announce the results, Chief Clerk.

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

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

Based on the results of the votes, Congressional Resolution No.
20-46 is adopted.

Ms. Takesy is confirmed as a member of the Scholarship Board.

Let’s give her a hand (applause).

Next resolution.

Chief Clerk: There are none, Mr. Speaker.

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

Speaker Simina: State your point, Floor Leader Harper.

Floor Leader Harper: Thank you, Mr. Speaker.

I have been asked to introduce two gentlemen.

I don’t know where they are from but I will read exactly what has been written on the note.
We have here with us, Lesly Jaida, constituent of Floor Leader.

Second person is Clemende Esetep, constituent of Speaker Simina.

May I ask that we give them a round of applause?

(Applause).

Speaker Simina: Unfortunately, I do not know them.

You can enlighten me on who they are.

Thank you Floor Leader for introducing those two citizens of FSM.

Any other points of privilege?

Chairman Urusemal: Mr. Speaker.

Speaker Simina: Chairman Urusemal.

Chairman Urusemal: Thank you very much, Mr. Speaker.
Not to introduce anyone, even though everybody here should be recognized, but to thank this Congress for confirming the last vacant position on the Scholarship Board.

We now have five members of the Board fully constituted.

With that, I hope that the scholarship programs that are helping some of our students attending universities and colleges overseas will be improved with the full compliment of the Board.

This afternoon, there will be an oversight meeting with the Department of Education.
I hope that the individual who just got confirmed, if it is not out of the ordinary will be invited to attend the meeting.

We will also be talking about scholarships with the Department of Education and I hope she will be there to listen and maybe she can be asked what her plan is in improving the scholarship.

With the vote, I am very appreciative for the support.

Thank you, Mr. Speaker.

Speaker Simina: Thank you, Chairman Urusemal.

I would encourage your Committee to work with the Scholarship Board.
Now that it is fully constituted, especially with this troubled thing about the President being denying awardees of the scholarship because of his own feelings about things.

I think the -43- November 1, 2017 CONGRESSIONAL JOURNAL – DAY THREE – 2SS – 20CFSM Scholarship Board should really assert itself in its spheres of responsibility for the students.

So, thank you for that.

I hope you can continue to pursue that in our oversight hearing.

Thank you, Chairman Urusemal.


Chairman Urusemal: Mr. Speaker, if I may.

Speaker Simina: Yes.

Chairman Urusemal: Just to supplement what I just stated and in light of your statement.

I was informed that one of the person or student who was denied of the scholarship was an individual who was going for his, I think, Masters Degree and I am very happy to be informed that, that individual has completed his study.

He is now gotten his degree in the field that he was pursuing.
As a matter of fact, there was a celebration of organizations supporting the citizens programs in most of the areas including in Mainland, U.S. that was held in Hawaii.

Congratulations to the individual who was one of those that was denied assistance but he had made it on his own.

Thank you.

Speaker Simina: Thank you.

I guess those are the few cases that I alluded to.

I mean, with this scholarship board, I think the intent of Congress is to make it somewhat independent in decision-making.
Because of our process, their decisions were undermined.

I wish that could be resolved quickly.

Floor Leader Harper: Mr. Speaker.

Speaker Simina: Floor Leader Harper.

Floor Leader Harper: Thank you, Mr. Speaker.

I just want to clarify for the record that the individual that gained his degree is not Masters Degree but Ph.D.

Degree.

Thank you.

Speaker Simina: But I understand he still needs his scholarship to clear his obligations.

He is working.
He is working.

For his degree, he got it but he still has some obligations to clear.

I think it is something – if we can put ourselves in their shoes, I think it could make some sense to us.

Next item.

Let’s go back to our regular order.

SPECIAL COMMITTEE REPORTS None Chairman Panuelo: Mr. Speaker, point of privilege.

Speaker Simina: State your point, Chairman Panuelo.

Chairman Panuelo: Mr. Speaker, please allow me to introduce some individuals who are also observing our session this morning.
I am happy to introduce Mr. Ricky Carl who is the External Affairs Director for T&C, Nature Conservancy, Micronesia.

Can we give him a round of recognition please?

(Applause).

With him, we are also happy to recognize and welcome Mr. Jeff Benz.

I hope, I pronounce his name correctly.

He is the General Council for the Nature Conservancy, Asia Pacific.
Let’s kindly welcome this individual to our shores and thank him and the Nature of Conservancy for the amount of contribution in many ways they have been doing for Micronesia wide region, not only the Pacific but also especially the FSM.

We recall Bill Rayner and others who have given so much of read in the past in the area of environment conservation.

We welcome you and thank Nature Conservancy for its role in preserving Mother Nature, which important for our existence.

Thank you again.
Thank you again.

Welcome (applause).

Thank you, Mr. Speaker.

-44- November 1, 2017 CONGRESSIONAL JOURNAL – DAY THREE – 2SS – 20CFSM Speaker Simina: Thank you, Chairman Panuelo.

Indeed, I join you, on behalf of Congress, in welcoming those two gentlemen in observing our session this morning.

You are always welcome.

When you stop by, come and visit us.

Any other points of privilege?

If none, next item.

ASSIGNMENT OF MEASURES AND COMMUNICATIONS The Chief Clerk called attention to Referral Sheet No.
20-35.

TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA SECOND SPECIAL SESSION October 30, 2017 to November 03, 2017 COMMITTEE REFERRAL REFERRAL SHEET NO.

20-35, DAY 03, WEDNESDAY, 11/01/17, AT 10:00 A.M. C.B.

NO.

20-102 20-103 20-104 20-105 20-106 C.R.

NO.

20-57 SUBJECT To further amend Public Law No.

19-10, as amended by Public Laws Nos.


19-26, 19-42, 19-51, 19-56, 19-72, 19-78, 19-96, 19-132, 19-163, 20-03 and 20-25, by amending section 3 thereof, to change the use of funds previously appropriated therein, for the purpose of funding public projects and social program in the state of Kosrae, and for other purposes.

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


20-42 by appropriating $5,333,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, to provide funding for the set up and operations costs of a consulate on the West Coast of the United States and for the FSM Trust Fund, to make a technical corrections, and for other purposes.

To further amend Public Law No.

19-121, as amended by Public Laws Nos.


19-130,19-142,19-145,19-158, 20-09 and 20-22, by amending section 5 thereof, to change the use of funds previously appropriated therein, for the purpose of funding public projects and social programs for the people of the state of Chuuk, and for other purposes.

To appropriate $7,893,977 of supplemental funding from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30,2018, by amending sections 1,2 and 9 of Public Law No.
20-42, and for other purposes.

To amend Public Law No.

20-53, by amending sections 2, 3 and 5 thereof, to change the use and allottee of funds previously appropriated therein for the purpose of funding priority infrastructure projects and other projects and programs in the states of Kosrae and Pohnpei, 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 -45- COMMITTEE W&M W&M W&M W&M W&M COMMITTEE NONE November 1, 2017 CONGRESSIONAL JOURNAL – DAY THREE – 2SS – 20CFSM 20-58 PRESIDENTIAL COMM.

NO.

20-142 20-143 20-144 20-145 FSM SUPREME COURT COMM.

NO.

20-07 MEMBER COMM.

NO.

20-10 DEPARTMENTAL COMM.NO.

20-27 AGENCY OR GOVERNMENTAL AUTHORITY COMM.

NO.


20-27 States of Micronesia for the fiscal year ending September 30, 2018.

Approving and accepting a grant in the amount of $800,000 from the Government of the People’s Republic of China, to subsidize the newly launched airline between the FSM and Papua New Guinea, including all the terms and conditions of the assistance.
T&C SUBJECT COMMITTEE (dated and received 10/30/17) – Transmitting a grant in the amount of $100,064 from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention to fund the PPHF 2017.

(dated and received 10/30/17) – Transmitting a proposed bill to establish the “FSM Pharmaceutical Act of 2017”.
(dated and received 10/30/17) – Transmitting a resolution of CAD$98,500, a foreign financial assistance from the Government of Canada given to the Government of the FSM to fund and support the project “Strengthening the FSM’s Institutions that Promote Gender Equality and CEDAW Awareness Raising to the Relevant Stakeholders and Partner Agencies.” (dated and received 10/30/17) – Transmitting the nomination of Mr. Alexander R. Narruhn to serve as member of the Board of Trustees of the Fund (FSM Trust Fund) representing the National Government.
SUBJECT (dated and received on 10/30/17) – From the Hon.

Dennis K. Yamase, Chief Justice, requests that Speaker submit a representative from Congress to be on the 2018 FSM National Law Day Coordinating Committee.

SUBJECT (dated 10/06/17 and received 10/30/17) – From Chairman Ferny S. Perman, Chairman, Committee on H&SA, submitting a trip report on his trip to the Republic of Palau to represent Congress at its 23rd Independence Day Celebrations on Oct. 01, 2017.
SUBJECT (dated 10/18/17 and received 10/30/17) – From the Mrs. Magdalena A. Walter, Secretary, FSM Dept.

of Health and Social Affairs, inviting Speaker to participate in the annual FSM NCD Summit, 11-15 December 2017, in Yap State.

H&SA H&SA H&SA W&M COMMITTEE INFO.

COMMITTEE INFO.

COMMITTEE H&SA / INFO.

SUBJECT COMMITTEE (dated and received 10/30/17) – From Mr. Eugene R&D / INFO.

-46- November 1, 2017 CONGRESSIONAL JOURNAL – DAY THREE – 2SS – 20CFSM 20-28 STATE COMM.

NO.
NO.

20-09 FOREIGN GOVERNMENT COMM.

NO.

20-21 Pangelinan, Executive Director, NORMA, informing that the Western & Central Pacific Fisheries Commission (WCPFC) will be convening its 14th Regular Annual Session from 3rd to 7th December 2017, in Manila, Philippines.

(dated 10/27/17 and received 10/30/17) – From Mr. Kasio E. Mida, Senior Headquarters Executive, MRA, Inc., expressing appreciation for the attendance of members & staff of Congress at the recently completed MRA, Inc. meeting in Tokyo, Japan.
SUBJECT (dated 09/29/17 and received 10/30/17) – From Mr. Ismael H. Mikel, Executive Director, Environmental Protection Agency, Chuuk State, requesting funding in the operation of the Chuuk EPA certain services.

INFO.

COMMITTEE INFO.

/ W&M SUBJECT COMMITTEE (dated 10/12/17 and received 10/30/17) – From the Hon.
Nguyen Thi Kim Ngan, President, National Assembly of Viet Nam, sending an invitation for FSM Congress to attend the 26th Annual Meeting of the Asia-Pacific Parliamentary Forum, 18-21 January 2018 in Hanoi, Viet Nam.

INFO.

Speaker Simina: Chairmen and members, take a look at that and make your plans accordingly.

Next item.

UNFINISHED BUSINESS C.B.

No.


20-92 (1st Reading): To amend section 605 of title 9 of the Code of the Federated States of Micronesia (Annotated), to create a new special Polling Place located outside of the Federated States of Micronesia, and for other purpose.

Deferred on 10/31/17 to today.

Speaker Simina: Chairman Romolow.

Chairman Romolow: Thank you, Mr. Speaker.

I move to defer action on the said Bill (C.B.

No.

20-92) to the next session of Congress.

Chairman Panuelo: Second.


Speaker Simina: It has been moved and seconded that the said Bill (C.B.

No.

20-92) 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.

20-92, is deferred to the next session of Congress.

Next item under Unfinished Business.

Chief Clerk: There are none, Mr. Speaker.

Speaker Simina: Next item.

-47- November 1, 2017 CONGRESSIONAL JOURNAL – DAY THREE – 2SS – 20CFSM C.B.

No.
No.

20-103 (2nd Reading): BILL CALENDAR To amend sections 1, 8 and 9 of Public law No.

20-42 by appropriating $5,333,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, to provide funding for the set up and operations costs of a consulate on the West Coast of the United States and for the FSM Trust Fund, to make a technical corrections, and for other purposes.

Speaker Simina: Short recess.


Speaker Simina declared the Congress recessed at 11:31 a.m., subject to the call of the Chair.

RECESS The Congress reconvened at 11:32 a.m. Speaker Simina: Congress comes back to session.

Chairman Figir.

Chairman Figir: Thank you, Mr. Speaker.

I move to defer the said Bill (C.B.

No.

20-103) to tomorrow’s Calendar.

Vice Speaker Moses: Second.

Speaker Simina: It has been moved and seconded that the said Bill (C.B.

No.

20-1-3) 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.

20-103, is deferred to tomorrow’s session.

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 my friend here, he doesn’t seem to agree with me but his vote is only one vote.

I move to withdraw and place C.B.

Nos.


20-106 and 20-108 on today’s Bill Calendar for action.

Floor Leader Harper: Second.

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

No.

20-106 and No.

20-108 be withdrawn and placed on the Bill Calendar for action.

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

The motion is carried.

Those two Bills, C.B.

Nos.

20-106 and 20-108, are now withdrawn and placed on the Bill Calendar for action.

Short recess.
Short recess.

Speaker Simina declared the Congress recessed at 11:33 a.m., subject to the call of the Chair.

RECESS The Congress reconvened at 11:37 a.m. Speaker Simina: Congress comes back to session.

Chairman Alik.

-48- November 1, 2017 CONGRESSIONAL JOURNAL – DAY THREE – 2SS – 20CFSM Chairman Alik: Thank you, Mr. Speaker.

I move to withdraw and place C.B.

No.

20-102 on today’s Calendar.

Floor Leader Harper: Second.

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

No.
No.

20-102 be withdrawn and 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.

20-102, is now placed on the Bill Calendar for action.

Senator Konman.

Senator Konman: Thank you very much, Mr. Speaker.

I also move to withdraw C.B.

Nos.

20-104 and 20-107 and place them on the Bill Calendar for action.

I so move.

Floor Leader Harper: Second.


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

Nos.

20-104 and 20-107 be withdrawn and placed the Bill Calendar for first reading action.

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

The motion is carried.

Those two Bills, C.B.

Nos.

20-104 and 20-107, are now placed on the Bill Calendar for action.

Chairman Welly, make your motion for passage.

Chairman Welly: Thank you, Mr. Speaker.

I move for passage on first reading C.B.

No.


20-106.

C.B.

No.

20-106 (1st Reading): To amend Public Law No.

20-53, by amending sections 2, 3 and 5 thereof, to change the use and allottee of funds previously appropriated therein for the purpose of funding priority infrastructure projects and other projects and programs in the states of Kosrae and Pohnpei, and for other purposes.

Floor Leader Harper: Second.

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

No.
No.

20- 106.

Discussion?

Chairman Welly: Mr. Speaker.

Speaker Simina: Chairman Welly.

Chairman Welly: I have an oral amendment that I would like to offer at this time.

Speaker Simina: Proceed.

Chairman Welly: On page 1, line 10, delete “society”.

I so move.

Chairman Figir: Second.

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

Discussion on the offered oral amendment?

Short recess.
Short recess.

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

RECESS -49- November 1, 2017 CONGRESSIONAL JOURNAL – DAY THREE – 2SS – 20CFSM The Congress reconvened at 11:41 a.m. Speaker Simina: Congress comes back to session.

We are still on the offered oral amendment.

Any further discussion?

If none, debate is closed.

Let’s vote.

All those in favor of the adoption of the offered oral amendment by Chairman Welly say ‘aye’ – opposed say ‘nay’.
The motion is carried.

The offered oral amendment is adopted.

We now have CD1.

Any further discussion on C.B.

No.

20-106, CD1?

Floor Leader Harper: Mr. Speaker.

Speaker Simina: Floor Leader Harper.

Floor Leader Harper: Thank you, Mr. Speaker.

Just out of curiosity, why is there a need to change the allottee?

Speaker Simina: Chairman Welly.

Chairman Welly: Thank you, Mr. Speaker.

Changing the allottee is not from me.

My change is that line item I just mentioned.


I think the allottee section comes from Pohnpei State, if I am not mistaken.

Speaker Simina: There are some changes to both Kosrae and Pohnpei in the allottee section.

I guess that is up to them.

Any further discussion on C.B.

No.

20-106, CD1?

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 Senator Urusemal Senator Welly Speaker Simina Aye Aye Aye Absent Aye Aye Aye Aye Aye Aye Aye Aye Aye Aye Chief Clerk: Mr. Speaker, thirteen Members voted for, one excused.

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

No.

20-106, CD1 on first reading.

Next bill.


C.B.

No.

20-108 (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 in the states of Yap, Kosrae, Pohnpei and Chuuk, and for other purposes.

Speaker Simina: Chairman Figir.


-50- November 1, 2017 CONGRESSIONAL JOURNAL – DAY THREE – 2SS – 20CFSM Chairman Figir: I move to defer action on the Bill (C.B.

No.

20-108) to tomorrow’s Bill Calendar.

Chairman Urusemal: Second.

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

No.

20-108 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.

20-108, is deferred to tomorrow’s session.

Next bill.

C.B.
Next bill.

C.B.

No.

20-102 (1st Reading): To further amend Public Law No.

19-10, as amended by Public Laws Nos.

19-26, 19-42, 19-51, 19-56, 19-72, 19-78, 19-96, 19-132, 19-163, 20-03 and 20-25, by amending section 3 thereof, to change the use of funds previously appropriated therein, for the purpose of funding public projects and social program 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.

20-102).
No.

20-102).

Chairman Urusemal: Second.

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

No.

20- 102.

Discussion?

If there is no discussion, 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 Aye Aye Absent Aye Aye Aye Aye Aye Aye Aye Aye Aye Aye Chief Clerk: Mr. Speaker, thirteen Members voted for, one excused.

Speaker Simina: For that reason, C.B.

No.

20-102 has passed Congress on first reading.

Next bill.

C.B.

No.


20-104 (1st Reading): To further amend Public Law No.

19-121, as amended by Public Laws Nos.

19-130, 19-142, 19-145, 19-158, 20-09 and 20-22, by amending section 5 thereof, to change the use of funds previously appropriated therein, for the purpose of funding public projects and social programs for the people of the state of Chuuk, and for other purposes.

-51- November 1, 2017 CONGRESSIONAL JOURNAL – DAY THREE – 2SS – 20CFSM Speaker Simina: Chairman Figir.
Chairman Figir: I so move.

Floor Leader Harper: Second.

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

No.

20- 104.

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 Aye Aye Absent Aye Aye Aye Aye Aye Aye Aye Aye Aye Aye Chief Clerk: Mr. Speaker, thirteen Members voted for, one excused.

Speaker Simina: For that reason, C.B.

No.

20-104 has passed Congress on first reading.

Next bill.

C.B.

No.


20-107 (1st Reading): To further amend Public Law No.

19-54, as amended by Public Laws Nos.

19-62, 19-75, 19-79, 19-99, 19-119, 19-129, 19-136, 19-144, 19-173 and 20-04, by amending section 5 thereof, to change the use of funds previously appropriated therein, to fund public projects and social programs in the state of Chuuk, and for other purposes.

Speaker Simina: Chairman Figir.

Chairman Figir: I move for the passage of the said Bill (C.B.

No.

20-107).
No.

20-107).

Chairman Urusemal: Second.

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

No.

20- 107.

Discussion?

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 Aye Aye -52- November 1, 2017 CONGRESSIONAL JOURNAL – DAY THREE – 2SS – 20CFSM 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 Absent Aye Aye Aye Aye Aye Aye Aye Aye Aye Aye Chief Clerk: Mr. Speaker, thirteen Members voted for, one excused.

Speaker Simina: For that reason, C.B.

No.


20-107 has passed Congress on first reading.

Next bill.

Chief Clerk: There are none, Mr. Speaker.

Speaker Simina: Short recess.

Speaker Simina declared the Congress recessed at 11:51 a.m., subject to the call of the Chair.

RECESS The Congress reconvened at 11:52 a.m. Speaker Simina: Congress comes back to session.

Next item.

INTRODUCTION OF BILLS C.B.

No.


20-104: Introduced by: Senator Konman Assigned to: W&M Date introduced: November 01, 2017 To further amend Public Law No.

19-121, as amended by Public Laws Nos.

19- 130, 19-142, 19-145, 19-158, 20-09 and 20-22, by amending section 5 thereof, to change the use of funds previously appropriated therein, for the purpose of funding public projects and social programs for the people of the state of Chuuk, and for other purposes.

C.B.

No.
C.B.

No.

20-105: Introduced by: Floor Leader Harper (By request) Assigned to: W&M Date introduced: November 01, 2017 To appropriate $7,893,977 of supplemental funding from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, by amending sections 1, 2 and 9 of Public Law No.

20-42, and for other purposes.

C.B.

No.


20-106: Introduced by: Senator Welly Assigned to: W&M Date introduced: November 01, 2017 -53- November 1, 2017 CONGRESSIONAL JOURNAL – DAY THREE – 2SS – 20CFSM To amend Public Law No.

20-53, by amending sections 2, 3 and 5 thereof, to change the use and allottee of funds previously appropriated therein for the purpose of funding priority infrastructure projects and other projects and programs in the states of Kosrae and Pohnpei, and for other purposes.

C.B.

No.
C.B.

No.

20-107: Introduced by: Senator Konman Assigned to: W&M Date introduced: November 01, 2017 To further amend Public Law No.

19-54, as amended by Public Laws Nos.

19-62, 19-75, 19-79, 19-99, 19-119, 19-129, 19-136, 19-144, 19-173 and 20-04, by amending section 5 thereof, to change the use of funds previously appropriated therein, to fund public projects and social programs in the state of Chuuk, and for other purposes.

C.B.

No.
C.B.

No.

20-108: Introduced by: Senator Welly Assigned to: W&M Date introduced: November 01, 2017 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 in the states of Yap, Kosrae, Pohnpei and Chuuk, and for other purposes.

INTRODUCTION OF RESOLUTIONS C.R.

No.


20-58: Introduce by: Floor Leader Harper (By request) Assigned to: T&C Date introduced: November 01, 2017 Approving and accepting a grant in the amount of $800,000 from the Government of the People’s Republic of China, to subsidize the newly launched airline between the FSM and Papua New Guinea, including all the terms and conditions of the assistance.

MISCELLANEOUS COMMUNICATIONS None 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 just want to state for the record my real surprise as to vote that was cast on the confirmation of Andrew R. Yatilman.

If I had voted against the confirmation, the individual would not have been confirmed.
So, am really surprised because I thought we are going to have all the votes as we know Mr. Yatilman very well and some of those accomplishments that were mentioned by Vice Speaker Moses were really true and we are so much appreciative of his works.

But when the votes came out to be 10/3, I was really scared and surprised to see it.

Thank you.

-54- November 1, 2017 CONGRESSIONAL JOURNAL – DAY THREE – 2SS – 20CFSM Speaker Simina: Thank you, Floor Leader Harper.
Whether it is 14 votes or 10 votes, we have a new secretary for the new department.

That should be sufficient.

I hope that the new secretary will carry out mandates of that office.

We have elevated as an important department knowing the trend in world affairs on climate change.

So let’s just be thankful and appreciative of the fact that we now have a new department with a new secretary.

Any other miscellaneous business?

Chairman Figir?


Chairman Figir: Yes, I think that one is already watered under the bridge.

It is a new department.

I hope it does not follow the footsteps of the Department of Foreign Affairs.

The Department of Foreign Affairs, when it started and when this Government started, it was very effective.

I looked at them as the most effective people in the Government.
Yesterday, and I am glad I did not attend the meeting with the Foreign Affairs, it was an oversight meeting called by the Committee on External Affairs.

In reading the report, I am really confused.

I think these people come in and they don’t know what they are talking about and even; I am surprised that some Members of Congress did not ask questions regarding the establishment of the Consulate Office in west coast in Portland.
I would think that when witnesses are called from the Department of Foreign Affairs and Justice, they would come in with firm commitment.

But it seems that they did not know what they were doing.

They threw in a lot of nice sounding words but I don’t think they really knew what they were saying.

And if they knew, they wanted to at least leave their intention or to mislead the Committee on External Affairs.

They did thing the opposite way of conducting Foreign Affairs and I want to leave it that way.
Speaker Simina: Thank you, Chairman Figir for a concern, which I believe is shared by many, if not all of us, Members of Congress.

That same approach, we should continue to let the departments know that when we are not satisfied, we should make that very clear to them.

Vice Speaker Moses: Mr. Speaker.

Speaker Simina: Yes, Vice Speaker Moses.

Vice Speaker Moses: Thank you, Mr. Speaker.

I just want to share my appreciation to you, Mr. Speaker.
I know the leadership that Mr. Yatilman has provided under the Office of OEEM has been crucial to the ratification of the Paris Agreement and also some work done under the Montreal Protocol.
With his leadership and the support from you, Mr. Speaker and the previous Chairman of the Committee on Climate Change, the current Chairman on the Special Committee and also the Chairman of the Committee on J&GO, establishing and going through an action establishing the department that one of the main focus is climate change.
With the confirmation of Mr. Andrew Yatilman today, I think it moves us closer to having a focus on as should be, I believe, instead of having Climate Change be a branch of a branch over a department.

So with that, I would like to share my appreciation to you and the rest of the leadership that made this possible.

Thank you, Mr. Speaker.

Speaker Simina: Thank you, Vice Speaker Moses.

It is actually the work of the entire Congress.


We did what we believe is a responsibility and of course the Executive Branch, at one point, actually vetoed the first initial bill that we passed on creating the new department.

They had their reasons and I appreciate the cooperation of Members of Congress in making that go through as a matter of our policy.

We should continue that sense of working together with our Executive Branch when it comes to important mandates like the creation of that department.
Any other miscellaneous business?

If none, let’s go down to the next item.

ANNOUNCEMENTS Speaker Simina: Chairman Welly.

Chairman Welly: Thank you, Mr. Speaker.

No announcements.

-55- November 1, 2017 CONGRESSIONAL JOURNAL – DAY THREE – 2SS – 20CFSM Speaker Simina: Chairman Figir.

Chairman Alik.

Chairman Alik: Thank you, Mr. Speaker.

You mentioned earlier of a meeting immediately after the session.
That was something I was also going to ask if members of the Committee on Climate Change can be part of that.

Speaker Simina: Yes, it is all Members.

Chairman Alik: Thank you.

Speaker Simina: Chairman Perman.

Chairman Perman: Thank you, Mr. Speaker.

Your Committee on Health and Social Affairs will have a public hearing with both MiCare and the Department of Health right after the Department of Education, at 2:30 p.m. Speaker Simina: Thank you.

Take note members of H&SA Committee of that hearing.
Chairman Romolow.

Chairman Panuelo.

Chairman Panuelo: No announcements, Mr. Speaker.

Speaker Simina: Chairman Urusemal.

Chairman Urusemal: Thank you very much, Mr. Speaker.

As I said, “It is always not good to open your mouth.” I already opened my mouth about Committee meeting this afternoon at 1:00 o’clock.

But thinking about the issues, I think it will be an injustice to the Department and to your Committee to have this oversight meeting this session.
So, it is going to be next session where we come prepare to really brief them on the issues.

But I would encourage members of your Committee when they go back to their states to meet with the Department of Education in their respective states and to see if there are any issues that the states can share with them so that they can bring to our oversight hearing.

I say this in light of our Vice Speaker and Chairman Perman in my meeting with the representative from OIA dealing with Education.
Some of the issues that he shared with us, which I think should be shared with the states and for us to work together on how to improve on those issues.

So the hearing for 1:00 o’clock, I would allow the members to have a good lunch and worry about the H&SA meeting at 2:30 p.m. thank you, Mr. Speaker.

Speaker Simina: Thank you, Chairman Urusemal.

The hearing at 1:00 o’clock by Education Committee is cancelled.

Vice Speaker Moses.

Vice Speaker Moses: Thank you, Mr. Speaker.


As mentioned by Chairman Alik, I would like to, on behalf of you, ask Members that we are meeting in the Members’ Lounge right after session.

Speaker Simina: Thank you, Vice Speaker for the announcement.

Senator Neth.

Senator Aritos.

Senator Konman.

Floor Leader Harper, you have any announcement before you make your usual motion?

Floor Leader Harper: Mr. Speaker, no announcement from this chair.
I now move that we stand in recess until 10:00 a.m., tomorrow morning.

Chairman Urusemal: Second.

Speaker Simina: It has been moved and seconded that Congress stand in recess until tomorrow in the morning.

All those in favor of the motion say “aye” – opposed “nay”.

The motion is carried.
Congress now stands in recess until tomorrow at 10:00 a.m. -56- November 1, 2017 CONGRESSIONAL JOURNAL – DAY THREE – 2SS – 20CFSM Speaker Simina declared that the Congress stand in recess at 12:02 p.m., Wednesday, November 01, 2017, until tomorrow, Thursday, November 02, 2017, at 10:00 a.m. -57- TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA SECOND SPECIAL SESSION DAY FOURTH The Fourth Day of the Second Special Session of the Twentieth Congress of the Federated States of Micronesia was called to order at 10:43 a.m., Thursday, November 02, 2017.
Thursday, November 02, 2017 Speaker Wesley W. Simina presided.

A moment of silent prayer was observed.

The Chief Clerk called the roll.

Thirteen Members were present; Senator Aritos was excused.

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

PRESIDENTIAL COMMUNICATIONS -No.


20-146 - (dated 10/31/17 and received 11/01/17) – Transmitting a resolution accepting the grant award notification dated October 01, 2017, from the U.S. Department of Education extending an assistance of $3,032,657 to assist in the implementation of the FSM Special Education programs and services to eligible children with disabilities including their families throughout the FSM.

-No.
-No.

20-147 - (dated 10/31/17 and received 11/01/17) – Transmitting a visa waiver agreement between FSM and the Russian Federation.

-No.

20-148 - (dated and received 11/01/17) – Re-submitting a resolution to approve and accept the grant assistance from the Korea International Cooperation Agency in the amount of $200,000 for the improvement of the Kosrae Airport terminal arrival lobby, immigration and custom inspection areas, restroom and baggage areas.
Speaker Simina: Chief Clerk, assign those Communications.

Chairman Urusemal: Short recess, Mr. Speaker.

Speaker Simina declared the Congress recessed at 10:45 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.

Next item, Chief Clerk.

-58- November 2, 2017 CONGRESSIONAL JOURNAL – DAY FOUR – 2SS – 20CFSM FSM SUPREME COURT COMMUNICATIONS None Chairman Panuelo: Mr. Speaker, point of privilege .
Speaker Simina: State your point, Chairman Panuelo.

Chairman Panuelo: Mr. Speaker, please kindly allow me to introduce some individuals who are here observing our session.

A day ago or two days ago we were blessed to have the Mercedes ladies from the Christ the King Church in Wone and today we have deacons who are here observing our session, maybe their prayers are with us this morning.

I trust that their prayers are with us this morning.

Maybe there are other purposes that they are here for.
Mr. Speaker, we have Deacon Augustine Damarlane from the Our Lady of Mercy Church in Kolonia who is with us this morning.

Can we recognize him please?

(Applause).

The other deacon who is with us is a good friend of ours, Deacon Berly Arasely who is with Farmer’s Home or USDA Office and at the same time a deacon for Kolonia Church.

Thank you.

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

We also have here Mr. Keske Jacob from the FSM Supreme Court.
Let’s recognize him (applause); and our diligent friend from the President’s Office, Mr. Pelsesar Petrus (applause).

Thank you, Mr. Speaker.

Speaker Simina: Thank you, Chairman Panuelo.

Keske, how was the wine at Ocean View?

Good?

I thank you, Chairman Panuelo for introducing those two Deacons with us.

Indeed, we welcome you to our session this morning.

Any other points of privilege?

Chairman Urusemal: Mr. Speaker.

Speaker Simina: Chairman Urusemal.

Chairman Urusemal: Thank you, Mr. Speaker.


I just wish – in line with the introduction by Chairman Panuelo, I only ask that the two deacons to not only remember us in their prayers but also to remember our loved ones who have gone to their rest and pray for their re-souls.

I understand today is All Souls Day that they’d be with the good Lord.

Thank you, Mr. Speaker.

Speaker Simina: Thank you, Chairman Urusemal for that.

Yes, we always seek the spiritual support and prayer of our Holy Man.

Thank you.
Thank you.

Any other points of privilege, if none, next item.

MEMBER COMMUNICATIONS None DEPARTMENTAL COMMUNICATIONS -No.

20-28 - (dated 10/31/17 and received 11/01/17) – From Mrs. Sihna N. Lawrence, Secretary, FSM Department of Finance and Administration, submitting a copy of the FSM’s unaudited performance report for the FSM Trust Fund for the quarter ending September 30, 2017.

Speaker Simina: Assign that, Chief Clerk.

I wish all Members could take a look at that.


We only received a cover letter for it.

There is a booklet.

If you want to take a look at it, it is in our office.

It is kind of voluminous.

So you will have to do your own copy or do the reading at our office.

Next item.
Next item.

-59- November 2, 2017 CONGRESSIONAL JOURNAL – DAY FOUR – 2SS – 20CFSM AGENCY OR GOVERNMENTAL AUTHORITY COMMUNICATIONS None STATE COMMUNICATIONS None STATE SUPREME COURT COMMUNICATIONS None MUNICIPAL OR TOWN COMMUNICATIONS None FOREIGN GOVERNMENT COMMUNICATIONS None ORDER OF THE DAY STANDING COMMITTEE REPORTS The Chief Clerk called attention to Awaiting List No.

20-16.
20-16.

TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIRST REGULAR SESSION OCTOBER 30, 2017 TO NOVEMBER 03, 2017 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.

20-16, 4th DAY , WEDNESDAY, NOVEMBER 02, 2017, AT 10:00 A.M. REPORT NO.

SCR No.

20-38 SUBJECT RE: President’s supplemental request for the fiber optic project.

– Submitted by: T&C Committee.

DATE & TIME 11/02/17 @ 10:00 a.m. Speaker Simina: Short recess.
Speaker Simina declared the Congress recessed at 11:03 a.m., subject to the call of the Chair.

The Congress reconvened at 11:03 a.m.

RECESS Speaker Simina: Congress comes back to session.

Chairman Gouland, you have the floor.

-60- November 2, 2017 CONGRESSIONAL JOURNAL – DAY FOUR – 2SS – 20CFSM Chairman Gouland: Thank you, Mr. Speaker.

We have Standing Committee Report No.

20-38.

I move to place it on the Order of Business for today.

I so move.

Chairman Figir: Second.


Speaker Simina: It has been moved and seconded that Standing Committee Report No.

20-38 be placed on the Standing Committee Reports Calendar for action.

Floor Leader Harper: Mr. Speaker.

Speaker Simina: Floor Leader Harper.

Floor Leader Harper: Thank you, Mr. Speaker.

Again, to safeguard that we are not violating any of our rules, I hereby move to suspend any relevant rules that may impede our action on the Report, SCR No.

20-38.

Chairman Urusemal: Second.


Speaker Simina: It has been moved and seconded that any 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 suspended.

Let’s vote.

All those in favor of placing Standing Committee Report No.

20-38 say ‘aye’ – opposed say ‘nay’.

The motion is carried.

The Report, SCR No.

20-38, is placed on the Calendar for action.


Make your motion for adoption, Chairman Gouland.

Chairman Gouland: Thank you, Mr. Speaker.

I move for the adoption of Standing Committee Report No.

20-38.

Chairman Urusemal: Second.

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

20-38.

Discussion?

If no discussion, debate is closed.

Let’s vote.

All those in favor of the adoption of Standing Committee Report No.

20-38 say ‘aye’ – opposed say ‘nay’.


The motion is carried.

Congress adopts the Report, SCR No.

20-38.

Chief Clerk, read next report.

Chief Clerk: There are none, Mr. Speaker.

Speaker Simina: Next item.

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

20-36.
20-36.

TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA SECOND SPECIAL SESSION October 30, 2017 to November 03, 2017 -61- November 2, 2017 CONGRESSIONAL JOURNAL – DAY FOUR – 2SS – 20CFSM COMMITTEE REFERRAL REFERRAL SHEET NO.

20-36, DAY 04, THURSDAY, 11/02/17, AT 10:00 A.M. C.B.

NO.

20-107 20-108 20-109 C.R.

NO.

20-59 20-60 MEMBER COMM.

NO.

20-11 STATE COMMUNIC ATIONS NO.

20-10 SUBJECT To further amend Public Law No.


19-54, as amended by Public Laws Nos.19-62, 19-75, 19-79, 19-99, 19-119, 19-129, 19-136, 19-144, 19-173 and 20-04, by amending section 5 thereof, to change the use of funds previously appropriated therein, to fund public projects and social programs in the state of Chuuk, and for other purposes.
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 in the states of Yap, Pohnpei and Chuuk, and for other purposes.

To further amend Public Law No.

18-11, as amended by Public Laws Nos.


18- 44, and 20-49, by amending sections 1 thereof, to change the use of funds previously appropriated for public projects and social programs in the state of Pohnpei, and for other purposes.
19-106,19-128, 19-138, 19-134, 18-81, 19-33, 20-11 COMMITTEE W&M W&M W&M SUBJECT Approving and accepting a grant from Her Majesty the Queen in the Right of Canada, through the Department of Foreign Affairs, Trade, and Development (DFATD) in the amount of CAD$98,500, to fund and support the FSM’s project entitled: “Strengthening the FSM’s Institutions that Promote Gender Equality and CEDAW Awareness Raising to the Relevant Stakeholders and Partner Agencies in the Federated States of Micronesia,” including all the terms and conditions of the assistance.
To confirm the nomination of Mr. Alexander R. Narruhn to serve as a member of the Board of Trustees of the FSM Trust Fund of the Federated States of Micronesia, representing the National Government.

SUBJECT (dated and received 10/31/17) – From Chairman Welly of the Committee on External Affairs, submitting a report on the oversight hearing on the proposed Consulate Office in Portland, Oregon.

COMMITTEE H&SA W&M COMMITTEE EX.AFF./INFO.


SUBJECT COMMITTEE (dated 10/30/17 and received 10/31/17) – From Director Churchill Edward, Pohnpei Department of Education, informing that the Pohnpei Department of Education is hosting its first student Leadership Conference during November 9,2017; and requesting for sponsorship.

EDUC./INFO.

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

Next item.
Next item.

UNFINISHED BUSINESS None -62- November 2, 2017 CONGRESSIONAL JOURNAL – DAY FOUR – 2SS – 20CFSM BILL CALENDAR Speaker Simina: Chairman Figir, you have the floor.

Chairman Figir: Short recess, Mr. Speaker.

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

RECESS The Congress reconvened at 11:08 a.m. Speaker Simina: Congress comes back to session.

We are still on the Bill Calendar.

First bill, Chief Clerk.

Read the title.

C.B.

No.


20-108 (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 in the states of Yap, Kosrae, Pohnpei and Chuuk, and for other purposes.

Deferred 11/01/17 to today.

Speaker Simina: Chairman Figir.

Chairman Figir: I move that Congressional Bill No.

20-108 be deferred to the end of the Bill Calendar.
Chairman Panuelo: Second.

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

No.

20-108 be deferred to the end of the Bill Calendar.

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

The motion is carried.

The Bill, C.B.

No.

20-108, is deferred to the end of the bill Calendar.

Next bill.

C.B.

No.

20-103 (2nd Reading): To amend sections 1, 8 and 9 of Public law No.
20-42 by appropriating $5,333,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, to provide funding for the set up and operations costs of a consulate on the West Coast of the United States and for the FSM Trust Fund, to make a technical corrections, and for other purposes.

Deferred 11/01/17 to today.

Speaker Simina: Chairman Figir.

Chairman Figir: I move for the passage of the said Bill (C.B.

No.

20-103) on second and final reading.


Chairman Panuelo: Second.

Speaker Simina: It has been moved and seconded that Congress pass on second and final reading of C.B.

No.

20-103.

Short recess.

-63- November 2, 2017 CONGRESSIONAL JOURNAL – DAY FOUR – 2SS – 20CFSM Speaker Simina declared the Congress recessed at 11:10 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 on discussion of C.B.

No.

20-103.


Chairman Urusemal.

Chairman Urusemal: Thank you very much, Mr. Speaker.

On your behalf, I wish to offer a proposed floor amendment offered on the Bill, C.B.

No.

20-103.

In the title, line 2, delete “5,333,000” and insert “9,333,000” in lieu thereof.

Line 4, title, after “the United States”, insert “,” and delete “and”.

After “trust fund”, insert “, and additional funds for the Telecommunication cable projects”.

I so move.

Vice Speaker Moses: Second.


Speaker Simina: It has been moved and seconded that the offered oral amendments by Chairman Urusemal be adopted.

Discussions?

Floor Leader Harper make your motion.

Floor Leader Harper: Thank you, Mr. Speaker.

Again, I move to suspend any relevant rules that may impede our action on the amendment.

Chairman Urusemal: Second.


Speaker Simina: It has been moved and seconded that any relevant rules especially that rule prohibiting substantive amendment on second and final reading be suspended.

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

The motion is carried.

The relevant rules are suspended.

We are still on discussion of the offered oral amendments.

Chairman Urusemal: Question.

Chairman Figir: Second.

Speaker Simina: Question has been called for.


If there is no objection, let’s vote.

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

The motion is carried.

The offered oral amendment is adopted.

We now have CD1.

Chairman Urusemal, you still have the floor.

Chairman Urusemal: Thank you very much, Mr. Speaker.

I also have some amendments that I wish to make on the Bill as amended (C.B.

No.

20-103, CD1).

Speaker Simina: Proceed.


Chairman Urusemal: Item 1, page 1, line 3, delete “73,236,100”, and insert “77,236,100” in lieu thereof.

Item 2, Page 9, line 4, delete “32,270,106”, and insert “36,270,106” in lieu thereof.

Item 3, page 16, line 2, after “Telecommunications cable project”, insert “of which $1 million shall be for civil works.” Item 4, page 16, line 2, delete “8,000,000”, and insert “12,000,000” in lieu thereof.

I so move, Mr. Speaker.

Chairman Figir: Second.


-64- November 2, 2017 CONGRESSIONAL JOURNAL – DAY FOUR – 2SS – 20CFSM Speaker Simina: It has been moved and seconded that the offered oral amendments by Chairman Urusemal be adopted.

The relevant rules are still suspended up to this point.

Discussions?

Chairman Figir: Question.

Speaker Simina: Question has been called for.

If there is no objection, debate is closed.

Let’s vote.
Let’s vote.

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

The motion is carried.

The offered oral amendments are adopted.

We now have CD2.

Chairman Figir: Mr. Speaker, I move for the previous question.

Vice Speaker Moses: May I – Speaker Simina: Vice Speaker Moses.

Vice Speaker Moses: Thank you, Mr. Speaker.

Good morning to you, Members, and those observing this morning’s session.

On this Bill (C.B.

No.


20-103, CD2), I understand that the Committee on External Affairs reported out favorably and this is with regards to the consulate on the West Coast to the United States.

I mentioned during the hearing that I was a bit apprehensive about this particular item as was pointed out by my good Chairman on the other side with improved communications that we have today and it is available on our Website in the United States Embassy and also our local Website here.
The need for the consulate services over on the West Coast, I kind of find it that it is being very rushed.

We haven’t done our background work with the United States – Department of States and other areas to formally set up our office and yet we are really pushing it forward.

This, to me, will probably open up opportunities for the Government to open up consular offices throughout the United States.

It will be very expensive to us.

My concern here is, we are using local revenue to open this office.
I would very much like to see this local revenue be used to that phrase “local”, which I interpret as our residence that pay FSM taxes.

For the United States, they have moved over to look for opportunities that are assumed to be better opportunities than what the FSM can offer.

So I find it kind of rush and probably not appropriate at this time.

I just want to register my concern on this.

Thank you.

For that, I move for the previous question.

Chairman Figir: Second.


Speaker Simina: It has been moved and seconded that we close debate.

If there is no objection, debate is closed.

We have to vote by roll call of the Delegations.

Chairman Gouland: Short recess.

Speaker Simina declared the Congress recessed at 11:23 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 now voting.

Chief Clerk, call the roll.


Vice Chairman Romolow will cast Chuuk State’s vote.

-65- November 2, 2017 CONGRESSIONAL JOURNAL – DAY FOUR – 2SS – 20CFSM The Chief Clerk took the roll call by States.

State of Chuuk: Chairman Romolow State of Pohnpei: Chairman Panuelo State of Kosrae: Chairman Welly State of Yap: Chairman Urusemal Chairman Urusemal: I yield the floor to Chairman Figir.

State of Yap: Chairman Figir Chief Clerk: Mr. Speaker, all the four States voted for.
Aye Aye Aye Aye Speaker Simina: For that reason, Congress has passed CD2 on the bill C.B.

No.

20-103 on second and final reading.

Chairman Panuelo: Mr. Speaker, point of privilege.

Speaker Simina: State your point.

Chairman Panuelo: Thank you, Mr. Speaker.

Again, if you kindly allow me to introduce visitors who have joined us this morning, I would like to introduce, on our behalf, Mr. Peter Aron.

He is a good friend of mine.


He is with the title Dauk U. I believe he is working with the PMO Office, Project Management Office, if I am not mistaken, with Pohnpei State.

We thank him and let’s welcome him to the Chamber by giving him a round of applause (applause).

Thank you.

Mr. Speaker, I am also very happy to introduce a good friend and a person who is practicing law at the State Government.

Mr. Martin Jano is with us today.

We thank him and we welcome him to the Chamber.


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

Thank you.

Floor Leader Harper: Mr. Speaker.

Speaker Simina: Chairman Panuelo, are you finished?

Chairman Panuelo: That is all I have.

I hope I have not missed out anybody.

Speaker Simina: We can always come back to you.

We will now recognize Floor Leader Harper.

Floor Leader Harper: Thank you, Mr. Speaker.


I simply want to follow the footstep of Chairman Panuelo by introducing a constituent of mine who is also observing our session this morning.

He is an employee at the National Government at the Department of Education.

His name is John Curley from the island of Namoluk (applause).

Speaker Simina: I know why he is here.

He is waiting for you.

Not me.

Any other points of privilege?

If none, let’s continue.

Next bill.

C.B.

No.


20-106, CD1 (2nd Reading): To amend Public Law No.

20-53, by amending sections 2, 3 and 5 thereof, to change the use and allottee of funds previously appropriated therein for the purpose of funding priority infrastructure projects and other projects and programs in the states of Kosrae and Pohnpei, and for other purposes.

-66- November 2, 2017 CONGRESSIONAL JOURNAL – DAY FOUR – 2SS – 20CFSM Speaker Simina: Chairman Figir.

Short recess.
Short recess.

Speaker Simina declared the Congress recessed at 11:33 a.m., subject to the call of the Chair.

Chairman Isaac V. Figir left the Chamber at 11:34 a.m.

The Congress reconvened at 11:35 a.m.

RECESS Speaker Simina: Congress comes back to session.

Floor Leader Harper.

Floor Leader Harper: Thank you, Mr. Speaker.

If there would be no objections, I move that all the remaining bills on second reading be deferred to tomorrow’s Bill Calendar.

C.B.

No.
C.B.

No.

20-102 (2nd Reading): To further amend Public Law No.

19-10, as amended by Public Laws Nos.

19-26, 19-42, 19-51, 19-56, 19-72, 19-78, 19-96, 19-132, 19-163, 20-03 and 20-25, by amending section 3 thereof, to change the use of funds previously appropriated therein, for the purpose of funding public projects and social program in the state of Kosrae, and for other purposes.

C.B.

No.

20-104 (2nd Reading): To further amend Public Law No.

19-121, as amended by Public Laws Nos.


19-130, 19-142, 19-145, 19-158, 20-09 and 20-22, by amending section 5 thereof, to change the use of funds previously appropriated therein, for the purpose of funding public projects and social programs for the people of the state of Chuuk, and for other purposes.

C.B.

No.

20-107 (2nd Reading): To further amend Public Law No.

19-54, as amended by Public Laws Nos.


19-62, 19-75, 19-79, 19-99, 19-119, 19-129, 19-136, 19-144, 19-173 and 20-04, by amending section 5 thereof, to change the use of funds previously appropriated therein, to fund public projects and social programs in the state of Chuuk, and for other purposes.

Chairman Welly: Second.

Speaker Simina: It has been moved and seconded that all those bills for second and final reading, C.B.

No.

20-106, CD1, C.B.

No.

20-102, C.B.

No.

20-104, and C.B.

No.


20-107, be deferred to tomorrow’s Calendar.

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

The motion is carried.

The second reading bills, C.B.

No.

20-106, CD1, C.B.

No.

20-102, C.B.

No.

20-104, and C.B.

No.

20-107, are now deferred to tomorrow’s session.

Next bill.

C.B.

No.


20-108 (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 in the states of Yap, Kosrae, Pohnpei and Chuuk, and for other purposes.

Speaker Simina: Chairman Welly, you have the honor.

Chairman Welly: Thank you, Mr. Speaker.

I move for passage of the said bill (C.B.

No.

20-108) on first reading.


-67- November 2, 2017 CONGRESSIONAL JOURNAL – DAY FOUR – 2SS – 20CFSM Chairman Panuelo: Second.

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

No.

20- 108.

Discussion?

Vice Speaker Moses: Mr. Speaker.

Speaker Simina: Vice Speaker Moses.

Vice Speaker Moses: I move for the previous question.

Chairman Panuelo: Second.

Speaker Simina: It has been moved and seconded that we close debate.
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 Vice Speaker Moses Senator Neth Senator Panuelo Senator Perman Senator Romolow Senator Urusemal Senator Welly Speaker Simina Aye Absent Absent Aye Aye Aye Aye Aye Aye Aye Aye Aye Aye Aye Chief Clerk: Mr. Speaker, twelve Members voted for.
Speaker Simina: For that reason, Congress has passed C.B.

No.

20-108 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.

I would like to withdraw and place C.B.

No.

20-109 on today’s Calendar.

C.B.

No.

20-109 (1st Reading): To further amend Public Law No.

18-11, as amended by Public Laws Nos.


18-44, 18-81, 19-33, 19-106, 19-128, 19-134, 19-138, 20-11 and 20-49, by amending section 1 thereof, to change the use of funds previously -68- November 2, 2017 CONGRESSIONAL JOURNAL – DAY FOUR – 2SS – 20CFSM appropriated for public projects and social programs in the state of Pohnpei, and for other purposes.

Chairman Panuelo: Second.

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

No.

20-109 be withdrawn and placed on the Bill Calendar for action.
Short recess.

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

The Congress reconvened at 11:40 a.m.

RECESS Speaker Simina: Congress comes back to session.

We are still on that motion to withdraw and place.

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

All those in favor of the motion to withdraw and place C.B.

No.

20-109 say ‘aye’ – opposed say ‘nay’.

The motion is carried.

The Bill, C.B.

No.


20-109, is now placed on the Bill Calendar for first reading action.

Vice Speaker Moses.

Vice Speaker Moses: I move for passage of the said Bill (C.B.

No.

20-109).

Senator Neth: Second.

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

No.

20-109.

Any discussions?

Chairman Urusemal: Mr. Speaker.

Speaker Simina: Chairman Urusemal.

Chairman Urusemal: Just a point of information on the Bill (C.B.

No.

20-109).
No.

20-109).

On page 3, lines 11 and 12, where the amendment is made, there is school “Pohnpei Adventist High School”?

Is it not Seventh Day Adventist?

Vice Speaker Moses: It is the same thing but the name of the High School is “Pohnpei Adventist High School”.

Speaker Simina: Is that clear?

Chairman Urusemal: I guess it can be Six Day or something?

Speaker Simina: No.

That would make a different school.

Any further discussion, 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 Aye Absent Absent Aye Aye -69- November 2, 2017 CONGRESSIONAL JOURNAL – DAY FOUR – 2SS – 20CFSM Senator Konman Vice Speaker Moses Senator Neth Senator Panuelo Senator Perman Senator Romolow Senator Urusemal Senator Welly Speaker Simina Aye Aye Aye Aye Aye Aye Aye Aye Aye Chief Clerk: Mr. Speaker, twelve Members voted for.
Speaker Simina: For that reason, C.B.

No.

20-109 has been passed Congress on first reading.

Next bill.

Chief Clerk: There are none, Mr. Speaker.

Speaker Simina: Next item.

Chairman Romolow: Mr. Speaker, short recess.

Speaker Simina declared the Congress recessed at 11:42 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.

Chairman Romolow.

Chairman Romolow: Thank you, Mr. Speaker.

I make a motion to withdraw C.B.


No.

20-30 and place it on today’s Calendar for action.

C.B.

No.

20-30 (1st Reading): To appropriate the sum of $725,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2017, in order to pay for the expenses incurred, or which will be incurred, in connection with the grounding of Pingda 7, and for other purposes.

Chairman Perman: Second.

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

No.
No.

20-30 be withdrawn from the Committee and 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.

20-30 is placed on the Bill Calendar for first reading action.

Vice Speaker Moses: Mr. Speaker.

Speaker Simina: Vice Speaker Moses.

Vice Speaker Moses: I just need some clarification.

Is this the appropriation that is needed to take care of some work so that the airport in Woleai can move on?
-70- November 2, 2017 CONGRESSIONAL JOURNAL – DAY FOUR – 2SS – 20CFSM Speaker Simina: Let’s make a motion for passage then we can do discussions later.

Chairman Romolow, make a motion for passage.

Chairman Romolow: I move for a passage on the said Bill (C.B.

No.

20-30).

Chairman Panuelo: Second.

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

No.

20-30 on first reading.

Vice Speaker Moses, you have the floor.

Vice Speaker Moses: Thank you, Mr. Speaker.


I was just wondering if this is the appropriation that will take care of some needed work before the Company that was awarded the bid for the Woleai Airport can move on.

Speaker Simina: Chairman Romolow.

Chairman Romolow: Yes, you are absolutely correct, Vice Speaker.

Chairman Urusemal: Mr. Speaker.

Speaker Simina: Chairman Urusemal.

Chairman Urusemal: Thank you very much, Mr. Speaker.

With all due respect to the mover of the motion to place the Bill (C.B.
No.

20-30) on today’s Bill Calendar and those that are supportive of this measure, it is not my intention to speak out raising concerns on this Bill (C.B.

No.

20-30) because it is for Pohnpei State.

It is for grounding of this vessel here.

There have been vessels grounded everywhere in this federation, especially in the state of Yap, no money has been expended from this Government to help salvage or remove those vessels.
When we tied this appropriation to the airport in Woleai, it bothers me because that airport has nothing to do with this grounding of this vessel.

It is like I get mad at a dog and I go around and kick cats, which have no connection.

What I am informed with is that the project in Woleai was bid out and two companies bided for the project.

Basically their bids were about the same, same amount and same number of days to complete the Woleai Airport.
For some unknown reason that I continue to ask TC&I to explain to me.

Yes, we prefer local companies over outside companies.

But the same local companies are having problem with the one in Ta.

That airport in Ta had been there since, I believe, either Leo Falcam or Jacob Nena Presidency.

When I was the President, I supported the project and it kept drag on and drag until finally the project was awarded and up to now, nothing happens.

It still is not completed.


So I asked TC&I, “Why are you holding on to the Woleai Airport?” Because of this parts issue.

That is a different issue.

Who committed this Government to paying off the debts or the cost of removing the oil from that grounded vessel?

If it is the National Government, they should cough up the money, not us.

When people in Eauripik said, “Hey, they are giving money to this company that is helping with this grounding of this vessel.
How come they don’t give us any money?” If you go visit Eauripik, you will see all these vessels on the reef and no one is there to help except for the companies that own the vessels.

This Congress or the Congress before this appropriated $2 million dollars for this project.

What happen with the $2 million dollars?

I recall asking if there is no liability or no extension cost to pay out of this $2 million dollars.

I think I was assured that it was already taken care of.
These are the concerns I have and I rose.

I would hope if this had been in Yap like we are doing with the FSM games in Yap, $720,000 of our priority infrastructure money was set aside for this, why can’t we do the same in the other three States?

Thank you, Mr. Speaker.

-71- November 2, 2017 CONGRESSIONAL JOURNAL – DAY FOUR – 2SS – 20CFSM Speaker Simina: Thank you, Chairman Urusemal.

Those are very valid points.

While we are considering this, we should take note of your concerns.
Chairman Romolow: Mr. Speaker.

Chairman Panuelo: Mr. Speaker.

Speaker Simina: Chairman Romolow and then Chairman Panuelo.

Chairman Romolow: Thank you, Mr. Speaker.

Yes indeed, Chairman Urusemal made good and valid points but let’s not forget that these projects have been stalled because of the outstanding debts that we are obligated to pay.

I understand his concerns but this should have been addressed many sessions ago with the previous Congresses that I thought it has been taken care of.
But to my understanding, there was an appropriation to take care of this and it was used on some emergency needs for this Nation.

I strongly believe and support that we pay this outstanding debt to this company so they can mobilize the needs to move on with this project that they have awarded to.

But I, with all due respect to Chairman Urusemal, his points will be taken care of and should be addressed during discussions on issues like this.
I hope he had expressed his concerns when this Congress appropriated the $2 million to assist in the removal of the toxic perils and the oil on the grounded vessel.

Thank you.

Speaker Simina: Thank you, Chairman Romolow.

Chairman Panuelo, you have the floor.

Chairman Panuelo: Mr. Speaker, thank you.

I want to join and saying few words on this important topic.

If we listen to the radio, it constantly announces that people of Pohnpei do not go near the Pingda vessel that is grounded on the reef.
Chairman Urusemal is right.

I think we originally appropriated $2 million to take care of that.

But because of whatever the reasons were, we took the money back.

What I am concerned about right now is, I think the Bill (C.B.

No.

20-30) is addressing the debt but more importantly, we have other hazardous material and ammonia that remains on the vessel that needs to be extracted.

I hope that, if we consider the Bill (C.B.

No.


20-30) that we give extra funding to complete that work that needs to be done so that we can remove and get rid of every hazardous material that is on the vessel.

That remains to be a liability of the National Government.

We know that the National Government has licensed the vessel.

The vessel owner has disappeared so the liability has come back on the FSM.

At some point, we will have to do it.

I hope that we give an early consideration of the Bill (C.B.
No.

20-30) and appropriation of the resources to help Pohnpei State.

The President was over here this morning and he is ready to take action with us whether we should take action on it now or in the upcoming special session of Congress.

But on the point by Chairman Urusemal on the other vessels that has been grounded in Yap, I sympathize with him.

I am not sure how they were handled, whether request was made to the National Government to help removal those vessels.

I don’t have history of that.


But I hope that we do help removal of these types of hazardous materials quickly so that the repercussions can be much more serious, Mr. Speaker.

If it leaks out on Pohnpei reef and destroy a lot of biodiversity that is not going to be pleasant.
If we remain as liability as National Government, Mr. Speaker, I appeal that we take up as quickly as possible but no later than the next special session as we have talked with the President and he is ready to take action on it with the Pohnpei State Government.

Thank you, Mr. Speaker.

Speaker Simina: Thank you, Chairman Panuelo.

Short recess.

Speaker Simina declared the Congress recessed at 11:55 a.m., subject to the call of the Chair.
RECESS -72- November 2, 2017 CONGRESSIONAL JOURNAL – DAY FOUR – 2SS – 20CFSM Senator Derensio S. Konman left the Chamber at 12:07 p.m.

The Congress reconvened at 12:08 p.m. Speaker Simina: Congress comes back to session.

We are still on discussion of C.B.

No.

20-30.

Any further discussions?

Vice Speaker Moses: Mr. Speaker.

Speaker Simina: Vice Speaker Moses.

Vice Speaker Moses: I move for the previous question.

Chairman Panuelo: Second.


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

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 Absent Absent Nay Aye Absent Aye Aye Aye Aye Aye Nay Aye Aye Chief Clerk: Mr. Speaker, nine Members voted for.

Speaker Simina: For that reason, C.B.

No.

20-30 does not pass on first reading.

Next bill.


Chief Clerk: There are none, Mr. Speaker.

Speaker Simina: Next item.

RESOLUTION CALENDAR None Speaker Simina: Any resolution to withdraw?

Senator Derensio S. Konman returned to the Chamber and took his seat at 12:09 p.m. -73- November 2, 2017 CONGRESSIONAL JOURNAL – DAY FOUR – 2SS – 20CFSM Chairman Welly: Yes, Mr. Speaker.

Speaker Simina: Chairman Welly, you have the floor.

Chairman Welly: Thank you, Mr. Speaker.

I move to withdraw and place C.R.

No.


20-61 on today’s Resolution Calendar for action.

C.R.

No.

20-61: Approving and accepting the small scale grant aid project from the Korea International Cooperation Agency, in the amount of $200,000, to assist in the improvement of the Kosrae International Airport facilities in the state of Kosrae, including all the terms and conditions of the assistance.

Chairman Perman: Second.

Speaker Simina: It has been moved and seconded that Resolution No.
20-61 be withdrawn and placed on today’s Calendar for action.

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

The motion is carried.

The Resolution, C.R.

No.

20-61, is placed on the Resolution Calendar for action.

Short recess.

Speaker Simina declared the Congress recessed at 12:11 p.m., subject to the call of the Chair.

RECESS Chairman Robson U. Romolow and Senator Derensio S. Konman left the Chamber at 12:14 p.m.
The Congress reconvened at 12:17 p.m. Speaker Simina: Congress comes back to session.

We are on Congress Resolution No.

20-61.

Any discussions?

Chairman Welly: I move for the previous question.

Vice Speaker Moses: Second.

Speaker Simina: Question has been called for.

If there is no objection, debate is closed.

Let’s vote.

All those in favor of the adoption of Congress Resolution No.20-61 say ‘aye’ – opposed say ‘nay’.

The motion is carried.

Congress has adopted the Resolution, C.R.

No.

20-61.
No.

20-61.

Next resolution.

Chief Clerk: There are none, Mr. Speaker.

Chairman Urusemal: Short recess.

Speaker Simina declared the Congress recessed at 12:18 p.m., subject to the call of the Chair.

RECESS The Congress reconvened at 12:19 p.m. Speaker Simina: Congress comes back to session.

Next item.

-74- November 2, 2017 CONGRESSIONAL JOURNAL – DAY FOUR – 2SS – 20CFSM INTRODUCTION OF BILLS C.B.

No.
No.

20-109: Introduced by: Vice Speaker Moses Assigned to: None Date introduced: November 02, 2017 To further amend Public Law No.

18-11, as amended by Public Laws Nos.

18-44, 18-81, 19-33, 19-106, 19-128, 19-134, 19-138, 20-11 and 20-49, by amending section 1 thereof, to change the use of funds previously appropriated for public projects and social programs in the state of Pohnpei, and for other purposes.

INTRODUCTION OF RESOLUTIONS C.R.

No.
20-59: Introduced by: Floor Leader Harper (By request) Assigned to: None Date introduced: November 02, 2017 Approving and accepting a grant from Her Majesty the Queen in the Right of Canada, through the Department of Foreign Affairs, Trade, and Development (DFATD) in the amount of CAD$98,500, to fund and support the FSM’s project entitled: “Strengthening the FSM’s Institutions that Promote Gender Equality and CEDAW Awareness Raising to the Relevant Stakeholders and Partner Agencies in the Federated States of Micronesia”, including all the terms and conditions of the assistance.
C.R.

No.

20-60: Introduced by: Floor Leader Harper (By request) Assigned to: None Date introduced: November 02, 2017 To confirm the nomination of Mr. Alexander R. Narruhn to serve as a member of the Board of Trustees of the FSM Trust Fund of the Federated States of Micronesia, representing the National Government.

C.R.

No.
C.R.

No.

20-61: Introduced by: Floor Leader Harper (By request) Assigned to: None Date introduced: November 02, 2017 Approving and accepting the small scale grant aid project from the Korea International Cooperation Agency, in the amount of $200,000, to assist in the improvement of the Kosrae International Airport facilities in the state of Kosrae, including all the terms and conditions of the assistance.

C.R.

No.
C.R.

No.

20-62: Introduced by: Floor Leader Harper (By request) Assigned to: None Date introduced: November 02, 2017 To ratify the Agreement Between the Government of the Federated States of Micronesia and the Government of the Russian Federation on the Mutual Waiver of Visa Requirements (the “Agreement”).

-75- November 2, 2017 CONGRESSIONAL JOURNAL – DAY FOUR – 2SS – 20CFSM C.R.

No.
No.

20-63: Introduced by: Floor Leader Harper (By request) Assigned to: None Date introduced: November 02, 2017 Approving and accepting a grant in the amount of $3,032,657 from the U.S. Department of Education for the Federal Fiscal Year 2018 fund under Part B of the Individuals with Disabilities Education Act, including all the terms and conditions of the assistance.

C.R.

No.
C.R.

No.

20-64: Introduced by: Floor Leader Harper (By request) Assigned to: None Date introduced: November 02, 2017 Approving and accepting a grant in the amount of $100,064 from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, to fund the PPHF 2017 Preventive Health and Health Services Block Grant, for the budget period from October 01, 2016, to September 30, 2018, including all the terms and conditions of the assistance.

MISCELLANEOUS COMMUNICATIONS -No.


20-10 - (dated 10/31/17 and received 11/01/17) – From Mr. Herman P. Semes, Sr., Interim President, FSM Alliance of NGOs (FANGO), soliciting the financial support.

Speaker Simina: Assign that Communication, Chief Clerk.

Next item.

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

Chairman Panuelo, you have your microphone on.


Chairman Panuelo: Mr. Speaker, I just want to thank you and the leadership of the Congress – just to say on Presidential or Departmental Communication No.

20-28 the vary summary of the report on the FSM Trust Fund.

It says here we have a total of $115 million plus.

I take it that – this is quite a surprise.

It does not include the appropriation we just made this session, the $5 million to be added.

So we are in actually $120 plus million.


That is quite a surprise, Mr. Speaker.

I just want to say and urge the leadership of Congress that we hope that we can reach $200 million plus.

I hope by 2023 on this particular fund.

I congratulate you, Mr. Speaker and Members, for the support we have given to boost our FSM Trust Fund.

Thank you, Mr. Speaker.

Speaker Simina: Thank you, Chairman Panuelo.

We should continue to prioritize our FSM Trust Fund in future appropriations when and if we have funding.
Any other miscellaneous businesses?

Chairman Urusemal: Mr. Speaker.

Speaker Simina: Chairman Urusemal.

Chairman Urusemal: Thank you very much, Mr. Speaker.

I wish to say on the Miscellaneous Business and express my sentiment on the issue that was discussed earlier by this Congress relating to an appropriation request.
I hope that the message that I was communicating is not interpreted to mean that I -76- November 2, 2017 CONGRESSIONAL JOURNAL – DAY FOUR – 2SS – 20CFSM have changed my three F’s and one C (Firm, Fair, Friendly, and Consistent).

As a matter of fact, in my dealing with all thirteen of you, I tried as much as possible to apply that three F’s plus C, especially the fair part of it.
I know at times, I speak strongly against issues but it is only because I truly believe that I have to also be honest with myself.

It is not an indication of any sentiment against people or certain individuals.

I, again, remind us of the statement that my good friend from across made to our people in the outer islands of Yap when we visited those islands and he was accompanying the Yap Delegation on the trip.

He is from Kosrae, as he stated.


But he is also representing those people from the outer islands and everyone in the FSM as a national member as National Government.

I tried as much as I can to do that.

It is only when I don’t see the fairness in some things that I speak out against, not because of any feeling against an individual or individuals or a group of people.

As a matter of fact, I support the cleaning of the road from here all the way down to the intersection in Kolonia.
But then my secretary was going to cut off cleaning of the road, but I maybe mistakenly told him, “No, don’t cut it off.

We need that.

We need that road maintained.

Since we need the road, let’s do it.” He continued with it.

So if during the discussion, I had stepped on some toes and hurt some feelings, it is not intention to do so.

I just want to be Firm, Fair, Friendly, and Consistent.

Thank you very much, Mr. Speaker.


Speaker Simina: Thank you, Chairman Urusemal for those wise words and your take on things.

We are the Congress.

We are fourteen Members.

We represent interest, ours plus others’.

It should not be a surprise when we have different takes on subjects of importance.

Chairman Panuelo.

Chairman Panuelo: Mr. Speaker, I merely want to thank the Chairman of Education, Chairman Urusemal, and our wise senior Congressman.
He has always been fair and that is why he came up with the abbreviation, which I appreciate.

I thank him and also wish to say that we hope to revisit the issue in the December special session.

I hope that we can put our hearts and heads together in helping our states with the emergency kinds of assistance that they need.

Thank you, Mr. Speaker.

Speaker Simina: Thank you, Chairman Panuelo.

You have any other miscellaneous business?

Chairman Welly: Mr. Speaker.

Speaker Simina: Chairman Welly.


Chairman Welly: Thank you, Mr. Speaker.

I want to congratulate my Chairman across from me.

I hope you don’t stop expressing your mind because we are here to discuss things.

We cannot satisfy everybody here all the time.

It is good to express your concerns so other Members can also follow you and see what your points are.

I hope you don’t quit but continue.

Thank you.

Speaker Simina: Thank you, Chairman Welly.

Any other miscellaneous business?

If none, next item.
If none, next item.

ANNOUNCEMENTS Speaker Simina: Chairman Welly.

Chairman Welly: Thank you, Mr. Speaker.

No announcements.

Speaker Simina: Chairman Figir.

Chairman Alik.

Chairman Perman.

Chairman Romolow.

Chairman Panuelo.

Chairman Panuelo: Mr. Speaker, thank you.

I have no announcements.

-77- November 2, 2017 CONGRESSIONAL JOURNAL – DAY FOUR – 2SS – 20CFSM Speaker Simina: Chairman Gouland.
Chairman Gouland: Mr. Speaker, no announcements but there is a statement that I wish to express to my good Vice Chairman Alik L. Alik and the members of T&C for taking care of the issue two days ago.

That is my appreciation to them.

Thank you very much, Mr. Speaker.

That is nice of you to acknowledge the Vice Chairman and members of the T&C Committee on that difficult and important subject.

Chairman Urusemal.
Chairman Urusemal.

Chairman Urusemal: Well, I said, “three F’s and a C” so I want to be consistent with the other Chairmen by saying, “No announcements.” Thank you.

Speaker Simina: That is consistent enough.

Vice Speaker Moses.

Vice Speaker Moses: Thank you, Mr. Speaker.

I just want to comment you and Members for a very short but I think a very successful session.

We only have a couple of second reading items left and maybe a couple of resolutions.
I think the major issue we tackled is the ICT so the Committee on T&C did a very good job.

I believe the Executive Branch came through with a very clear schedule on how to move forward and meet the requirements needed so that we may get reimbursed from the World Bank.

For that, I thank you and Chairmen and Members of Congress.

Thank you, Mr. Speaker.

Speaker Simina: Thank you, Vice Speaker Moses.

Senator Neth?
Senator Neth?

Floor Leader Harper, before you go, let me just announce that President Peter M. Christian has invited all Members to a dinner jointly hosted by the National Government, specifically the Independence Day Committee that we funded.

There is plenty of food and discussion on FSM as it is and where it is going, unity, patriotism, and all those things.

That is tomorrow at 6:30 p.m. Sakau starts at 4:30 p.m. Be ready for tomorrow.

Okay.

Floor Leader Harper, announcement and then your motion.
Floor Leader Harper: Mr. Speaker, before I make my usual motion, I just want to simply ask if you could kindly appoint a group of three members to do on our behalf a traditional apology to Chairman Figir and I would ask that Lam would be the Chairman of that Committee.

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

Chairman Urusemal: Second.


Speaker Simina: It has been moved and seconded that Congress stand in recess until tomorrow at 10:00 a.m. Before we vote, I will just say that there is no committee to apologize to Chairman Figir.

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 12:30 p.m., Thursday, November 02, 2017, until tomorrow, Friday, November 03, 2017, at 10:00 a.m. -78- TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA SECOND SPECIAL SESSION CLOSING DAY The Fifth Day (Closing Day) of the Second Special Session of the Twentieth Congress of the Federated States of Micronesia was called to order at 10:57 a.m., Friday, November 03, 2017.

Friday, November 03, 2017 Speaker Wesley W. Simina presided.
A moment of silent prayer was observed.

The Chief Clerk called the roll.

Eleven Members were present; Senator Aritos, Senator Konman, and Chairman Romolow were excused.

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

PRESIDENTIAL COMMUNICATIONS None FSM SUPREME COURT COMMUNICATIONS None MEMBER COMMUNICATIONS -No.

20-12 - (dated and received 11/03/17) – From the Hon.
Speaker Simina, reporting on the outcome of the 137th IPU Assembly, which was held in St. Petersburg, Russia Federation, from October 13th through the 19th, 2017.

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 11:01 a.m.

RECESS Speaker Simina: Congress comes back to session.

Assign that Communication, Chief Clerk.

Next item.
Next item.

DEPARTMENTAL COMMUNICATIONS None -79- November 3, 2017 CONGRESSIONAL JOURNAL – CLOSING DAY– 2SS –20CFSM AGENCY OR GOVERNMENTAL AUTHORITY COMMUNICATIONS None STATE COMMUNICATIONS None STATE SUPREME COURT COMMUNICATIONS None MUNICIPAL OR TOWN COMMUNICATIONS None FOREIGN GOVERNMENT COMMUNICATIONS None ORDER OF THE DAY STANDING COMMITTEE REPORTS The Chief Clerk called attention to Awaiting List No.

20-17.
20-17.

TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA SECOND SPECIAL SESSION OCTOBER 30, 2017 TO NOVEMBER 3, 2017 R E P O R T A W A I T I N G R E Q U I R E M E N T S NO.

20-17, 5th DAY, FRIDAY, NOV. 03, 2017, AT 10:00 A.M. REPORT NO.

SCR.

No.

20-39 SCR No.

20-40 SUBJECT RE: C.R.

No.


20-55, “Approving and accepting a grant in the amount of $647,309 from the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, to fund the FSM Strategic Prevention Framework Partnerships for Success (SPF-PFS) Project, including all the terms and conditions of the assistance.” – (Submitted By: H&SA Committee).

RE: C.R.

No.
20-59, “Approving and accepting a grant from Her Majesty the Queen in the Right of Canada, through the Department of Foreign Affairs, Trade, and Development (DFATD) in the amount of CAD$98,500, to fund and support the FSM’s project entitled: “Strengthening the FSM’s Institutions that Promote Gender Equality and CEDAW Awareness Raising to the Relevant Stakeholders and Partner Agencies in the Federated States of Micronesia”, including all the terms and conditions of the assistance.” – Submitted By: -80- DATE AND TIME 11/03/17 @ 10:00 a.m. 11/03/17 @ 10:00 a.m. November 3, 2017 CONGRESSIONAL JOURNAL – CLOSING DAY– 2SS –20CFSM SCR NO.
20-41 H&SA Committee.

RE: C.R.

No.

20-64, “Approving and accepting a grant in the amount of $100,064 from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, to fund the PPHF 2017 Preventive Health and Health Services Block Grant, for the budget period from October 01, 2016, to September 30, 2018, including all the terms and conditions of the assistance.

– Submitted by: H&SA Committee.

Speaker Simina: Short recess.


11/03/17 @ 10:100 a.m. Speaker Simina declared the Congress recessed at 11:02 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.

Chairman Perman, you have the floor.

Chairman Perman: Thank you, Mr. Speaker.

Good morning to you, Vice Speaker, Floor Leader, Members, and all who are observing our session this morning.
Mr. Speaker, I would like to make a motion to withdraw three standing committee reports.

They are Standing Committee Reports Nos.

20-39, 20-40, and 20-41.

I so move, Mr. Speaker.

Chairman Panuelo: Second.

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

20-39, 20- 40, and 20-41, be placed on the Standing Committee Reports Calendar for action.

Floor Leader Harper: Mr. Speaker.

Speaker Simina: Floor Leader Harper.

Floor Leader Harper: Thank you, Mr. Speaker.


If I may not be out of order, I move to suspend the rule that requires 24-hours availability of reports before the assembly can take action.

Chairman Urusemal: Second.

Speaker Simina: It has been moved and seconded that all relevant rules specifically the rule requiring an awaiting period of 24-hours 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.


All those in favor of the placement of the three reports (SCR Nos.

20-39, 20-40, and 20-41) on the Standing Committee Reports Calendar say ‘aye’ – opposed say ‘nay’.

The motion is carried.

The Reports, SCR Nos.

20-39, 20- 40, and 20-41, are now placed on the Calendar for action.

Chairman Perman.

Chairman Perman: Thank you, Mr. Speaker.

I move for the adoption of the first report, SCR No.

20-39.
20-39.

-81- November 3, 2017 CONGRESSIONAL JOURNAL – CLOSING DAY– 2SS –20CFSM -SCR No.

20-39, RE: C.R.

No.

20-55, “Approving and accepting a grant in the amount of $647,309 from the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, to fund the FSM Strategic Prevention Framework Partnerships for Success (SPF-PFS) Project, including all the terms and conditions of the assistance.” Chairman Urusemal: Second.
Speaker Simina: It has been moved and seconded that Congress adopt Standing Committee Report No.

20-39.

Any discussions?

Chairman Perman: Question.

Speaker Simina: Question has been called for.

If there is no objection, debate is closed.

Let’s vote.

All those in favor of the adoption of Standing Committee Report No.

20-39 say ‘aye’ – opposed say ‘nay’.

The motion is carried.

Congress has adopted the report, SCR No.

20-39.

Next report.

-SCR No.

20-40, RE: C.R.

No.
20-59, “Approving and accepting a grant from Her Majesty the Queen in the Right of Canada, through the Department of Foreign Affairs, Trade, and Development (DFATD) in the amount of CAD$98,500, to fund and support the FSM’s project entitled: “Strengthening the FSM’s Institutions that Promote Gender Equality and CEDAW Awareness Raising to the Relevant Stakeholders and Partner Agencies in the Federated States of Micronesia”, including all the terms and conditions of the assistance.” – (Submitted By: H&SA Committee.
Chairman Perman: I so move for the adoption of Standing Committee Report No.

20-40.

Chairman Urusemal: Second.

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

20-40.

Short recess.

Speaker Simina declared the Congress recessed at 11:04 a.m., subject to the call of the Chair.

The Congress reconvened at 11:05 a.m.

RECESS Speaker Simina: Congress comes back to session.

You have any further discussions on Standing Committee Report No.

20-40?
20-40?

If none, debate is closed.

Let’s vote.

All those in favor of the adoption of Standing Committee Report No.

20-40 say ‘aye’ – opposed say ‘nay’.

The motion is carried.

Congress has adopted the Report, SCR No.

20-40.

Next report.

-SCR No.

20-41, RE: C.R.

No.


20-64, “Approving and accepting a grant in the amount of $100,064 from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, to -82- November 3, 2017 CONGRESSIONAL JOURNAL – CLOSING DAY– 2SS –20CFSM fund the PPHF 2017 Preventive Health and Health Services Block Grant, for the budget period from October 01, 2016, to September 30, 2018, including all the terms and conditions of the assistance.
Chairman Perman: I so move for the adoption of Standing Committee Report No.

20-41.

Chairman Panuelo: Second.

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

20-41.

Sixty-four dollars ($64) is over the threshold so that meets the requirement.

Any further discussions?

Chairman Perman: Question.

Speaker Simina: Question has been called for.

If there is no objection, debate is closed.

Let’s vote.

All those in favor of the adoption of SCR No.


20-41 say ‘aye’ – opposed say ‘nay’.

The motion is carried.

Congress has adopted the Report, SCR No.

20-41.

Next report.

Chief Clerk: There are none, Mr. Speaker.

Speaker Simina: Next item.

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

20-37.
20-37.

TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA SECOND SPECIAL SESSION October 30, 2017 to November 03, 2017 COMMITTEE REFERRAL REFERRAL SHEET NO.

20-37, DAY 05, FRIDAY, 11/03/17, AT 10:00 A.M. C.R.

NO.
NO.

20-61 20-62 in to assist SUBJECT Approving and accepting the small scale grant aid project from the Korea International Cooperation Agency, in the amount of $200,000, the Kosrae International Airport facilities in the state of Kosrae, including all the terms and conditions of the assistance.

To ratify the Agreement Between the Government of the Federated States of Micronesia and the Government of the Russian Federation on the Mutual Waiver of Visa Requirements (the “Agreement”).
improvement of the COMMITTEE T&C EX.AFF.

-83- November 3, 2017 CONGRESSIONAL JOURNAL – CLOSING DAY– 2SS –20CFSM 20-63 20-64 PRESIDENTIAL COMM.

NO.

20-146 20-147 20-148 DEPARTMENTAL COMM.

NO.

20-28 MISCELLANEOUS COMM.

NO.

20-10 Approving and accepting a grant in the amount of $3,032,657 from the U.S. Department of Education for the Federal Fiscal Year 2018 fund under Part B of the Individuals with Disabilities Education Act, including all the terms and conditions of the assistance.
Approving and accepting a grant in the amount of $100,064 from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, to fund the PPHF 2017 Preventive Health and Health Services Block Grant, for the budget period from October 01,2016, to September 30, 2018, including all the terms and conditions of the assistance.
SUBJECT (dated 10/31/17 and received 11/01/17) – Transmitting a resolution accepting the grant award notification dated October 01,2017, from the U.S. Department of Education extending an assistance of $3,032,657 to assist in the implementation of the FSM Special Education programs and services to eligible children with disabilities including their families throughout the FSM.

(dated 10/31/17 and received 11/01/17) – Transmitting a visa waiver agreement between FSM and the Russian Federation.
(dated and received 11/01/17) – Re-submitting a resolution to approve and accept the grant assistance from the Korea International Cooperation Agency in the amount of $200,000 for the improvement of the Kosrae Airport terminal arrival lobby, immigration and custom inspection areas, restroom and baggage areas.
SUBJECT (dated 10/31/17 and received 11/01/17) – From Mrs. Sihna N. Lawrence, Secretary, FSM Department of Finance and Administration, submitting a copy of the FSM’s unaudited performance report for the FSM Trust Fund for the quarter ending September 30, 2017.

SUBJECT (dated 10/31/17 and received 11/01/17) – From Mr. Herman P. Semes, Sr., Interim President, FSM Alliance of NGOs (FANGO), soliciting the financial support.

EDUC.

H&SA COMMITTEE EDUC.

EX.AFF.

T&C COMMITTEE W&M/INFO.

COMMITTEE W&M/INFO.


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

Next item.

UNFINISHED BUSINESS None Chairman Panuelo: Mr. Speaker, point of privilege.

-84- November 3, 2017 CONGRESSIONAL JOURNAL – CLOSING DAY– 2SS –20CFSM Speaker Simina: State your point, Chairman Panuelo.

Chairman Panuelo: Thank you, Mr. Speaker.

Please kindly allow me to introduce individuals who are observing our session this morning.
Speaker Simina: Proceed.

Chairman Panuelo: Mr. Speaker, thank you.

First, I would like us to kindly welcome the honorable Nickontro Johnny who is our Pohnpei State Associate Judge.

He was here earlier in our last session and again this session.

Let’s please welcome him by giving him a round of recognition (applause).

Thank you.

We also have Deacon Augustine Damarlane who is here.

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

Thank you.
Thank you.

More individual that are here is Mr. Perez Amaraich – I know he is one of the leaders of Sekere Community.

I am not sure what his full-time job is.

Let’s welcome Mr. Amaraich and give him a round of recognition (applause).

Thank you.

Let’s also recognize Mr. Rainer Sorris.

Did I get it right?

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

Last but not the least, we have Ms. Vickylane Astete who is a NMHS student.

Let’s welcome her and give her a round of recognition (applause).
Thank you, Mr. Speaker.

Chairman Perman: Mr. Speaker.

Speaker Simina: Chairman Perman.

Chairman Perman: Mr. Amaraich is also a Councilman of Sokehs Municipal Government, just to add on to what Chairman Panuelo just said.

Thank you.

Speaker Simina: Thank you.

Indeed, the Congress welcomes all our citizens who take the time out to come and observe their Congress in action, specially the Justice and the Deacon.

I am sure they have some interest in visiting besides just watching their Congress in action.
You are welcome, indeed, to come and observe the session this morning.

Any other points of privilege?

Floor Leader Harper: Mr. Speaker.

Speaker Simina: Floor Leader Harper.

Floor Leader Harper: In addition to the introduction made, I want to point out that Mr. Amaraich is also appointed by the Mayor of Ta Municipal in the Mortlocks to be their Liaison Officer here in Pohnpei.

Thank you.

Speaker Simina: Thank you, Floor Leader Harper for pointing that out.
That probably creates a legal question of the validity of his appointment.

Any further points of privilege, if none, let us move on to the next item.

C.B.

No.

20-106, CD1 (2nd Reading): BILL CALENDAR To amend Public Law No.

20-53, by amending sections 2, 3 and 5 thereof, to change the use and allottee of funds previously appropriated therein for the purpose of funding priority infrastructure projects and other projects and programs in the states of Kosrae and Pohnpei, and for other purposes.
-85- November 3, 2017 CONGRESSIONAL JOURNAL – CLOSING DAY– 2SS –20CFSM Deferred on 11/02/17 to today.

Speaker Simina: Chairman Figir.

Chairman Figir: I so move.

Floor Leader Harper: Second.

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

No.

20-106, CD1.

Any discussions?

Short recess.

Speaker Simina declared the Congress recessed at 11:10 a.m., subject to the call of the Chair.

The Congress reconvened at 11:13 a.m.


RECESS Speaker Simina: Congress comes back to session.

We are still on discussion of C.B.

No.

20-106, CD1.

Chairman Gouland, you have the floor.

Chairman Gouland: Thank you, Mr. Speaker.

I move to offer a floor amendment to C.B.

No.

20- 106, CD1.

That has been distributed to all Members.

I so move, Mr. Speaker.

Floor Amendment to C.B.

No.

20-106 Offered by Senator Victor Gouland C.B.

No.

20-106 is hereby amended to read as follows: 1.


Title, line 1, after “amending”, insert “the title, sections 1, 2, 3, 4 and 5” in lieu thereof.

2.

Title, line 2, after “to”, insert “appropriate additional $500,000 for the purpose of funding priority infrastructure projects and other projects and programs and”.

3.

Title, line 4, delete “Kosrae and Pohnpei”, and insert “Kosrae, Pohnpei and Chuuk” in lieu thereof.

4.
4.

Page 1, line 1, after “Section 1”, insert the following: “To appropriate the sum of $9,000,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, for the purpose of funding priority infrastructure projects and other projects and programs in the states of Kosrae, Pohnpei and Chuuk, and for other purposes” Section 2.

Section 1 of Public Law No.

20-53 is hereby amended to read as follows: “Section 1.
The sum of “[8,500,000] 9,000,000” 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 priority infrastructure projects and other projects andN programs in the states of Kosrae, Pohnpei and Chuuk.

The funds appropriated under this section shall be apportioned as follows:” 5.

6.

Page 1, line 3, delete “8,500,000”, and insert “9,000,000” in lieu thereof.
Page 3, line 23, delete “8,500,000”, and insert “9,000,000” in lieu thereof.

-86- November 3, 2017 CONGRESSIONAL JOURNAL – CLOSING DAY– 2SS –20CFSM 7.

Page 7, line 15, after “Section 3”, insert the following: “Section 4 of Public Law No.

20-53 is hereby amended to read as follows: “Section 4.

Of the $[8,500,000] 9,000,000 appropriated under this act, $[4,000,000] 4,500,000 shall be apportioned for priority infrastructure projects and other projects and programs in the state of Chuuk.
state of Chuuk........................................................................ [4,000,000] (1) At Large .................................................................................... 4,500,000 300,000 (a) Allottee’s administrative support services ...................................................................................... (b) Housing repair/renovation .............................................. (c) Fishing projects ............................................................. (d) Contributions to State, Municipal and community events, activities and programs ...................................... (e) Leadership/patients/students travel/COAP........................................................................................... (f) Non-Governmental organizations/ associations/foundations ......................................................................... (g) Women Home Economic projects .................................. (h) Municipal subsidy/prior obligations ............................... (i) Municipal traditional leaders subsidy ............................. (j) Roads/bridges/docks repair/construction/ beautification, including prior obligations............................................. $ (k) Students financial assistance .......................................... (l) Water projects................................................................ (m) Solar and other power generation projects ..................... (n) Social Security contributions/ outstanding arrears ................................................................................. (2) Election District No.
1 ............................................................... (a) Ta airport terminal ......................................................... (b) Land acquisition for public purpose ............................... (c) Mortlocks Sea Port feasibility study ............................... (d) Mortocks dispensaries needs .......................................... (e) MIDA office extension and improvement ...................... (f) Mortlocks municipalities operation funds ...................... (g) Ta airport maintenance and labor cost ............................ (3) Election District No.
2 ............................................................... (a) Housing renovation ........................................................ (b) Food security ................................................................. (c) Travel needs .................................................................. (d) Land transportation ........................................................ (e) Water systems improvement .......................................... (f) Fishing project ............................................................... (g) Mwan Elementary School (kitchen building) ................. (h) Municipal governments subsidies .................................. -87- November 3, 2017 CONGRESSIONAL JOURNAL – CLOSING DAY– 2SS –20CFSM (i) Allottee’s administrative support services ..................... (4) Election District No.
3 ............................................................. $ (a) Housing renovations ...................................................... (b) Municipal governments subsidies .................................. (c) Fishing project ............................................................... (d) Students financial assistance .......................................... (e) Sewing project ............................................................... (f) Tonoas Goodwill Games ................................................ (g) Travel needs .................................................................. (h) POL/Charter/Freight ...................................................... (i) Administrative support services –ED#3 ......................... (j) Humanitarian assistance ................................................. (5) Election District NO.
4 .............................................................. (a) Humanitarian assistance ................................................. (b) Sewing project ............................................................... (c) Fishing project ............................................................... (d) FDA administrative cost ................................................ (e) Low income housing ...................................................... (f) Youth activities and programs ........................................ (g) Travel needs .................................................................. (h) Students financial assistance .......................................... (i) Land transportation ........................................................ (6) Election District No.
5 ............................................................... (a) POL/Charter/Freight ...................................................... (b) Leaders, students travel need (COAP) ............................ (c) Patients travel/Human remain repatriation $ ................... (d) Northwest Leadership Summit ..................................... $ (e) Low Income housing & Multi purpose building renovation ............................................................................... (f) Food relief ..................................................................... (g) Students financial assistance .......................................... (h) Solar freezer .................................................................. (i) Solar street lights ........................................................... (j) Outstanding for ED#5 staff ............................................ (k) Prior year obligation (Lei Side Inc.) ............................... (l) Northwest Legislative Delegation contributions ......................................................................................... (m) Municipal offices/dispensaries prefab buildings ............................................................................................... (n) Northwest Dispensary boat/motor .................................. (7) Chuuk State Priority Infrastructure Projects [2,200,000] 2,700,000 [70,000] (a) Faichuk public land acquisition ...................................... (b) Northwest Island telecommunication towers ................. ...................................................................................... (c) FSM DCA AvSec Capacity Development -88- November 3, 2017 CONGRESSIONAL JOURNAL – CLOSING DAY– 2SS –20CFSM program/airport and terminal improvement ........................................... (d) Chuuk Community Health Center .................................. (e) Chuuk State restart school program ................................ (f) Other priority infrastructure 500,000 30,000 250,000 projects to be determined by Chuuk leadership [1,250,000] 1,250,000 (g) Northwest region leadership travel needs 20,000 (h) Chuuk EPA (for EIA and water/waste water- laboratory…………… (i) Chuuk Sports Facilities in Weno 400,000” 150,000 4.
Page 9, line 10, delete “section 3”, and insert “section 6” in lieu thereof.

Date: November 03, 2017 Introduced by: /s/ Victor Gouland Victor Gouland Purpose of the Amendments: To appropriate additional $500,000 and change the use of funds under previously appropriated under this act for Chuuk State.

Chairman Perman: Second.

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

No.

20- 106, CD1 by Chairman Gouland be adopted.


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

Floor Leader Harper?

Floor Leader Harper: Thank you, Mr. Speaker.

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

Chairman Perman: Second.

Speaker Simina: It has been moved and seconded that any relevant rules that may 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 suspended.

Any discussions on the offered amendment, if none, debate is closed.

Let’s vote.

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

No.

20-106, CD1 say ‘aye’ – opposed say ‘nay’.

The motion is carried; therefore the amendment is adopted.

We now have CD2.

You have any further discussions on the Bill (C.B.

No.

20-106, CD2)?

Chairman Gouland: Short recess, Mr. Speaker.


Speaker Simina declared the Congress recessed at 11:14 a.m., subject to the call of the Chair.

The Congress reconvened at 11:16 a.m.

RECESS Speaker Simina: Congress comes back to session.

We will vote by roll call of Delegations.

Chairman Gouland will cast the vote for Chuuk Delegation.

Chief Clerk, roll call.

-89- November 3, 2017 CONGRESSIONAL JOURNAL – CLOSING DAY– 2SS –20CFSM The Chief Clerk took the roll call by States.
State of Chuuk: Chairman Gouland State of Pohnpei: Chairman Panuelo 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.

20-106, CD2 has been passed Congress on second and final reading.

Next bill.

C.B.

No.

20-102 (2nd Reading): To further amend Public Law No.

19-10, as amended by Public Laws Nos.


19-26, 19-42, 19-51, 19-56, 19-72, 19-78, 19-96, 19- 132, 19-163, 20-03 and 20-25, by amending section 3 thereof, to change the use of funds previously appropriated therein, for the purpose of funding public projects and social program in the state of Kosrae, and for other purposes.

Deferred on 11/02/17 to today.

Speaker Simina: Chairman Figir.

Chairman Figir: I move for the passage of Congress Bill No.

20-102 on second and final reading.

Chairman Welly: Second.


Speaker Simina: It has been moved and seconded that Congress pass on second and final reading C.B.

No.

20-102.

Discussion?

Chairman Welly: Mr. Speaker.

Speaker Simina: Chairman Welly.

Chairman Welly: Thank you, Mr. Speaker.

Good morning to you and everyone in the Chamber this morning.

I have a floor amendment that I wish to offer at this time.

May I ask the Chief Clerk to read the amendment?

Speaker Simina: Chief Clerk.

Amendment to C.B.

No.


20-102 Offered by Senator Paliknoa K. Welly C.B.

No.

20-102 is hereby amended to read as follows: 1.

Page 1, line 8, delete “20,000”, and insert “6,000” in lieu thereof.

2.

Page 2, between lines 3 and 4, insert a new line item to read: “(x) Malem Youth group $14,000”.
-90- November 3, 2017 CONGRESSIONAL JOURNAL – CLOSING DAY– 2SS –20CFSM Date: November 03, 2017 Introduced by: /s/ Paliknoa K. Welly Paliknoa K. Welly Purpose of the Amendment: To change the use of funds for Kosrae State.

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 11:20 a.m.

RECESS Speaker Simina: Congress comes back to session.
Chief Clerk, can you please read out the correct version of the amendment?

Chief Clerk: The correction version of the amendment is, on item 2, “Page 2, between lines 3 and 4, insert a new line item to read: “(z) Malem Youth group $14,000”.

Speaker Simina: Make your motion for adoption.

Chairman Welly: Thank you, Mr. Speaker.

The amendment is to change use of funds for the Kosrae portion of the Bill (C.B.

No.

20-102).

I move for the passage of the said amendment.

Vice Speaker Moses: Second.


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

No.

20- 102 by Chairman Welly be adopted.

Floor Leader.

Floor Leader Harper: Thank you, Mr. Speaker.

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

Chairman Urusemal: Second.

Speaker Simina: It has been moved and seconded that the relevant rules, specifically the rule prohibiting substantive amendments on second and final reading be suspended.
All those in favor of the motion say ‘aye’ – opposed say ‘nay’.

The motion is carried.

The relevant rules are suspended.

Any discussions on the offered amendment, if none, let’s vote.

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

The motion is carried.

The offered floor amendment is adopted.

We, now, have CD1.

Any further discussions on C.B.

No.

20-102, CD1, if none, discussion is closed.

Let’s vote by roll call of Delegations.


Chief Clerk.

The Chief Clerk took the roll call by States.

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

-91- November 3, 2017 CONGRESSIONAL JOURNAL – CLOSING DAY– 2SS –20CFSM Speaker Simina: For that reason, C.B.

No.

20-102, CD1 has passed by Congress on second and final reading.

Next bill.

C.B.

No.


20-104 (2nd Reading): To further amend Public Law No.

19-121, as amended by Public Laws Nos.

19-130, 19-142, 19-145, 19-158, 20-09 and 20-22, by amending section 5 thereof, to change the use of funds previously appropriated therein, for the purpose of funding public projects and social programs for the people of the state of Chuuk, and for other purposes.

Deferred on 11/02/17 to today.

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.

20-104.

Any discussions?

If none, debate is closed.

Chief Clerk, roll call of Delegations.

The Chief Clerk took the roll call by States.

State of Chuuk: Chairman Gouland State of Pohnpei: Chairman Panuelo 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, Congress passes C.B.

No.

20-104 on second and final reading.

Next bill.

C.B.

No.

20-107 (2nd Reading): To further amend Public Law No.

19-54, as amended by Public Laws Nos.

19-62, 19-75, 19-79, 19-99, 19-119, 19-129, 19-136, 19-144, 19-173 and 20-04, by amending section 5 thereof, to change the use of funds previously appropriated therein, to fund public projects and social programs in the state of Chuuk, and for other purposes.

Deferred on 11/02/17 to today.


Speaker Simina: Chairman Figir.

Chairman Figir: I so move.

Floor Leader Harper: Second.

Speaker Simina: It has been moved and seconded that Congress pass on second and final reading C.B.

No.

20-107.

Any discussions?

If none, debate is closed.

Let’s vote by roll call of Delegations.

Chief Clerk.

-92- November 3, 2017 CONGRESSIONAL JOURNAL – CLOSING DAY– 2SS –20CFSM The Chief Clerk took the roll call by States.
State of Chuuk: Chairman Gouland State of Pohnpei: Chairman Panuelo 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, Congress has passed C.B.

No.

20-107 on second and final reading.

Next bill.

C.B.

No.


20-108 (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 in the states of Yap, Kosrae, Pohnpei and Chuuk, and for other purposes.

Speaker Simina: Chairman Figir.

Chairman Figir: I painfully move to pass C.B.

No.

20-108 on second and final reading.

Chairman Perman: Second.


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

No.

20-108 on second and final reading.

Short recess.

Speaker Simina declared the Congress recessed at 11:27 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 Welly, you have the floor.

Chairman Welly: Thank you, Mr. Speaker.

I have a floor amendment that I wish to un-painfully make.
Copies have been circulated to Members.

It is quite lengthy so I will not ask the Chief Clerk to read it but rather move for its adoption.

Floor Amendment to C.B.

No.

20-108 Offered by Senator Paliknoa K. Welly C.B.

No.

20-71 is hereby amended to read as follows: 8.

9.

10.

11.

12.
9.

10.

11.

12.

Title, line 1, delete “2,800,000”, and insert “4,450,000” Page 1, line 1, delete “2,800,000”, and insert “4,450,000” Page 1, line 8, delete “2,800,000”, and insert “4,450,000” Page 1, line 9, delete “400,000”, and insert “850,000” in lieu thereof.

Page 1, line 11, delete “400,000’, and insert “850,000” in lieu thereof.
-93- November 3, 2017 CONGRESSIONAL JOURNAL – CLOSING DAY– 2SS –20CFSM 365,000 100,000” 85,000 30,000 15,000 35,000 100,000 Page 1, between lines 11 and 12, insert the following: 13.
“(a) Amin road project 30,000 (b) Amin Green Community (AMC) solid waste management scheme 50,000 (c) Binik road access project ..................................................................... (d) Lamer Village raod restoration............................................................. (e) Ifalik Giant Clam enhancement project ................................................ (f) Peemeerur/Keng seawall ...................................................................... (g) Yap State scholarship supplemental ..................................................... (h) Yap Women Association (YWA) center supplemental to be matched by Yap State Government ................................................................ 40,000 (i) Woleai airport terminal improvement ................................................... (j) Yap delegation outreach program ......................................................... 14.
Page 1, line 12, delete “2,800,000”, and insert “4,450,000” 15.

Page 1, line 13, delete “400,000”, and insert “600,000” in lieu thereof.

16.

Page 1, line 15, delete “400,000”, and insert “600,000” in lieu thereof.

17.
Page 1, between lines 15 and 16, insert the following: “(a) Island Soldiers’ documentary project about former and current Micronesians in the United States Armed Forces 50,000 (b) Contribution to “Home School” Program ............................................. (c) Walung Parents and Teachers Association meeting allowance and other needs ........................................................................... (d) Kosrae Special Parents Network (KSPN) ............................................. (e) Purchase of Excavator/POL/freight/maintenance cost .......................... (f) Contributions to Kosrae Women Christian Associations ....................... (g) Kosrae Legislative staff travels/trainings/other needs .......................... (h) Purchase of vehicle/freight/POL (Chief of Curriculum Kosrae Department of Education) ............................................................. (i) U SE INGE development projects......................................................... (j) Contribution to Utwe Youth Endeavors ............................................... (k) Contribution to Lelu Youth basketball team ......................................... (l) Contribution to Walung Youth group .................................................... (m) Tafunsak fastpitch team (travel needs, accommodation, allowance, rental and uniforms) ........................................................................... (n) Contribution to Utwe Biosphere project ............................................... (o) Purchase of vehicle/freight/POL for Walung Elementary School ......... (p) Dock improvement ……………………………………………….. 18.
Page 1, line 17, delete “400,000”, and insert “1,200,000” in lieu thereof.

19.

Page 2, line 1, delete “800,000”, and insert “1,200,000” in lieu thereof.

20.

Page 2, line 2, delete “200,000”, and insert “300,000” in lieu thereof.

21.
Page 2, between lines 2 and 3, insert the following: “(a) Rohi Powe/Rehntu Powe (Nanleng) road paving ............................... (b) Nanpatapat Paies road maintenance ..................................................... (c) Madolenihmw High School covered sidewalk ...................................... (d) Pohnpei multi purpose building matching ............................................ (e) Pohnpei Fishing Club search and rescue outboard motor 10,000 (f) Wone Mercedes meeting center renovation .......................................... 10,000 15,000 20,000 300,000” 5,000 5,000 35,000 25,000 20,000 30,000 40,000 15,000 10,000 10,000 50,000 10,000 40,000 10,000 10,000 10,000 -94- November 3, 2017 CONGRESSIONAL JOURNAL – CLOSING DAY– 2SS –20CFSM 30,000 10,000” 5,000 ……………………………………………………………….10,000 50,000 20,000 20,000 25,000 (g) Isokohneid Speaker’s vehicle ............................................................... (h) Medical referral (i) Nintok, Kitti road paving ...................................................................... (j) Dolonier drainage improvement/repair.................................................. (k) Sapwuafik airport bridge...................................................................... (l) Outreach program ........................................................................... (m) Access road to Pingelap settlement in Palikir (land donated by Doakesa/Nanmharki of Pingelap) .................................. (n) Pwudoi channel clearing ...................................................................... 22.
Page 2, line 3, delete “200,000”, and insert “300,000” in lieu thereof.

23.
Page 2, between lines 3 and 4, insert the following: 3,000 “(a) Pohnpei Island Ladies in Oregon subsidy .......................................... 7,000 (b) Micronesian Island Community in Oregon subsidy .............................. 10,000 (c) Multi purpose building matching ......................................................... 25,000 (d) Danpei Community house building construction .................................. 30,000 (e) Sokehs Pah road paving ....................................................................... 5,000 (f) Purchase of cleaning equipment ........................................................... 40,000 (g) Pei Lapalap road paving....................................................................... 10,000 (h) Causeway Sea wall rehabilitation ......................................................... 10,000 (i) Purchase of water tanks/pipes/accessories ............................................. 10,000 (j) Sapwohn Community house renovation ................................................ 30,000 (k) Purchase of laptops for PICS High School ........................................... 20,000 (l) Lien Alem building retaining wall ........................................................ 40,000 (m) Kaselehlia Main Street paving rehabilitation ....................................... 35,000 (n) Road maintenance/coral purchase ........................................................ 25,000” (o) Pohnpei Utility Corporation transportation needs ................................. 24.
Page 2, line 4, delete “200,000”, and insert “300,000” in lieu thereof.

25.
Page 2, between lines 4 and 5, insert the following: “(a) Administrative support services .......................................................... (b) Students financial assistance ................................................................ (c) Salapwuk Elementary Librarian contractual service ............................. (d) Medical referral ........................................................................... (e) Madolenihmw road cleaning ................................................................ (f) ED2 Elementary schools laptops/computers ......................................... (g) Madolenihmw roads improvement ....................................................... (h) Hazard Mitigation assistance ............................................................... (i) Water system improvement .................................................................. (j) Multi-purpose building matching .......................................................... 26.
27.
“(a) Saladak and Awak schools laptops and accessories for Principals, Teachers, Teacher’s aides and administrative staff ................................................... (b) Awak Pah culvert –Kilmete’s area ....................................................... (c) Nan Kengkeng road maintenance/paving ............................................. (d) U Street lights ........................................................................... (e) Saladak school ECE supplies, equipment and activities ........................ 40,000 30,000 10,000 25,000 20,000 20,000 85,000 10,000 50,000 10,000” Page 2, line 5, delete “200,000’, and insert “300,000” in lieu thereof.
Page 2, between lines 5 and 6, insert the following: 25,000 25,000 25,000 25,000 5,000 -95- November 3, 2017 CONGRESSIONAL JOURNAL – CLOSING DAY– 2SS –20CFSM (f) Awak school ECE supplies, equipment and activities ......................... (g) Nett school ECE supplies, equipment and activities ............................. (h) Nett School laptops and accessories for Principals, Teachers, Teacher’s aides and administrative staff 5,000 5,000 55,000 30,000 50,000 25,000 25,000 50,000” 5,000” Page 2, line 6, delete “2,800,000”, and insert “4,450,000” in lieu thereof.
Page 2, line 7, delete “1,200,000”, and insert “1,800,000” in lieu thereof.

Page 2, line 9, delete “1,200,000”, and insert “1,800,000” in lieu thereof.

Page 2, line 10, delete “200,000”, and insert “300,000” in lieu thereof.

Page 2, between lines 10 and 11, insert the following: 40,000 30,000 30,000 40,000 10,000 40,000 20,000 20,000 15,000” Page 2, line 11, delete “200,000”, and insert “300,000” in lieu thereof.
Page 2, between lines 11 and 12, insert the following: ........................................................................... (i) Nett road maintenance/paving............................................................... (j) Nett Street lights ........................................................................... (k) Kahmar new road (Sou Kamar side) .................................................... (l) Pohnpei Catholic High School building construction ........................... (m) Community outreach and advocacy program ...................................... 28.
29.

30.

31.

32.
“(a) Allottee’s administrative support services........................................... (b) Contributions to State, Municipal and Community events, activities and programs ........................................................................... (c) Leadership/Patients/Students and COAP travel needs .......................... (d) Housing renovation/repair/improvement .............................................. (e) Municipal Constitutional Conventions ................................................. (f) Sports events in Guam .......................................................................... (g) Fishing project ........................................................................... (h) Students financial assistance ................................................................ (i) POL/Freight/Charter ........................................................................... (j) Docks/Seawalls/Road improvement and beautification ......................... 33.
34.
“(a) Housing and Multipurpose building renovation, improvement and completion .................................................................... (b) Community transportation needs .......................................................... (c) Mortlockese graduate students’ current and prior debts ……………… (d) Business start up fund .......................................................................... (e) Operation of Mortlock Islands Development Authority’s sea vessels ... (f) Contribution to community and municipal special occasions/events ..... (g) Mortlocks leadership conference .......................................................... (h) Solar system project ........................................................................... (i) Faithwalk Christian College (FCC) on Tol ........................................... (j) Caroline College and Pastoral Institute (CCPI) on Weno ...................... 35.
36.
“(a) Human repatriation ........................................................................... (b) Chuuk Office of the Governor subisdy ................................................. (c) Travel needs ........................................................................... (d) Land transportation need (Honolulu,Hawaii) ....................................... (e) Fishing project ........................................................................... (f) Housing and community building renovation ....................................... 100,000 20,000 15,000 30,000 15,000 20,000 50,000 30,000 10,000 10,000 Page 2, line 12, delete “200,000”, and insert “300,000” in lieu thereof.
Page 2, between lines 12 and 13, insert the following: 10,000 10,000 20,000 40,000 30,000 100,000 -96- November 3, 2017 CONGRESSIONAL JOURNAL – CLOSING DAY– 2SS –20CFSM 300,000” Page 2, line 14, delete “200,000’, and insert “300,000” in lieu thereof.

Page 2, between lines 14 and 15, insert the following: 50,000 30,000 10,000 Page 2, line 13, delete “200,000”, and insert “300,000” in lieu thereof.
Page 2, between lines 13 and 14, insert the following: (g) Municipal governments’ subsidy ......................................................... (h) Food relief program ........................................................................... (i) Administrative support services ............................................................ 37.

38.

“(a) Road, dock, airport terminal improvement .......................................... 39.

40.
40.

“(a) Road, dock, airport terminal improvement .......................................... 41.

42.
“(a) Solar Freezer and Solar street lights.................................................... (b) Dispensary boat and motor .................................................................. (c) Food relief program ........................................................................... (d) Medical referral and Human Repatriation ............................................ (e) Leaders, students and citizens travel need ............................................ (f) POL/Freight/Charter ........................................................................... (g) Onoun, Onou, Magur, Tamatam and Polowat Multi purpose buildings ................................................................ 20,000 300,000” Page 2, line 15, delete “200,000”, and insert “300,000” in lieu thereof.
Page 2, between lines 15 and 16, insert the following: 50,000 40,000 15,000 15,000 15,000 15,000 20,000 10,000 10,000 30,000 60,000” Page 3, lines 1 and 2, delete “subsections 4(1), 4(3) and 4(6) and insert (h) Students financial assistance (i) Northwest Health Aide assistant (j) Allottee’s administrative support service (k) Northwest Municipal offices/dispensaries (l) Land Acquisition 43.

“subsections 5(1), 5(3) and 5(6)” in lieu thereof.

44.

45.

46.
47. subsections 3(a) to 3(o) of this act shall be the Mayor of Lelu Town Government or his designee; the allottee of funds appropriated under subsection 3(p) of this act shall be the Mayor of Tafunsak Municipal Government or his designee; the allottee of funds appropriated under subsections 4(2)(e), 4(2)(g) and 4(2)(m) of this act shall be the Pohnpei Transportation Authority (PTA); the allottee of funds appropriated under subsection 4(2)(o) of this act shall be the Pohnpei Utility Corporation (PUC); Page 3, line 4, delete “4(2)”, and insert “5(2)” in lieu thereof.
Page 3, line 6, delete “4(4)”, and insert “5(4)” in lieu thereof.

Page 3, line 8, delete “4(5)”, and insert “5(5)” in lieu thereof.

Page 2, line 25, after “designee”, insert “The allottee of funds appropriated under Date: November 03, 2017 Introduced by: Paliknoa K. Welly Paliknoa K. Welly Purpose of the Amendments: To change the amount to be appropriated from “2,800,000” to “4,425,000”; to specify each line item for each state and name the appropriate allottee for each line item under this act.
Vice Speaker Moses: Second.

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

No.

20-108 offered by Chairman Welly.

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

Let the record reflect that the relevant rules specifically the one prohibiting substantive amendment on -97- November 3, 2017 CONGRESSIONAL JOURNAL – CLOSING DAY– 2SS –20CFSM second and final reading be suspended.

You have any discussion on the offered floor amendment?
Chairman Figir.

Chairman Figir: Thank you, Mr. Speaker.

I just want to – but if it’s fine with everybody that any other errors, typing and technical errors, let it be corrected afterward, including the total, the numbers, and everything.

I think we have agreed on a number, but the breakdowns we all can agree and Speaker can authorize the committee and the staff to work to make sure that the figures are correct after we adopt the amendment and pass the Bill (C.B.

No.

20-108) on second and final reading.


Speaker Simina: Yes.

Thank you, Chairman Figir.

You are correct.

Our staff can make all technical corrections during engrossing.

But any substantive amendment, we cannot make any change to it.

Chairman Figir: That is why I need to see the work of the staff.

Speaker Simina: You are very much welcome, Chairman.

Chairman Welly: Mr. Speaker.

Speaker Simina: Chairman Welly.

Chairman Welly: Thank you, Mr. Speaker.


On my amendment, page 1, line 10(a), that money is to help produce this filling that is concerning FSM people that have been in the Armed Forces.

This guy is promoting FSM here.

I wish that one could be more.

Maybe when we come back in December, I will request that Congress appropriate more than what we have here.

Thank you, Mr. Speaker.

Speaker Simina: Thank you, Chairman Welly for taking that initiative on that particular project.
I am sure Chairman Figir, Chairman Panuelo, Chairman Alik, and I are familiar with that project.

We will revisit that issue has the need arise.

Thank you for taking the initiative on that.

Floor Leader Harper: Mr. Speaker.

Speaker Simina: Floor Leader.

Floor Leader Harper: Yes, just a minor question.

If an amendment is left out from Chairman Welly’s written amendment, would it be treated as technical correction?

Speaker Simina: No, Floor Leader.

That will not be technical.


That will require another amendment.

Any other discussions?

Chairman Urusemal: Short recess, Mr. Speaker.

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.

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

Any further discussions, if none, debate is closed.

Let’s vote on the offered amendment.


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

No.

20-108 say ‘aye’ – -98- November 3, 2017 CONGRESSIONAL JOURNAL – CLOSING DAY– 2SS –20CFSM opposed say ‘nay’.

The motion is carried.

Congress has adopted the offered floor amendment.

We have CD1.

Any further discussion on C.B.

No.

20-108, CD1, if none, discussion is closed.

Let’s vote by roll call of Delegations.

Chief Clerk.

The Chief Clerk took the roll call by States.


State of Chuuk: Chairman Gouland State of Pohnpei: Chairman Panuelo 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, and with pain, Congress has passed C.B.

No.

20-108, CD1 on second and final reading by Congress.

Short recess.

Speaker Simina declared the Congress recessed at 11:40 a.m., subject to the call of the Chair.
RECESS The Congress reconvened at 11:41 a.m. Speaker Simina: Congress comes back to session.

Next bill.

C.B.

No.

20-109 (2nd Reading): To further amend Public Law No.

18-11, as amended by Public Laws Nos.

18-44, 18-81, 19-33, 19-106, 19-128, 19-134, 19-138, 20-11 and 20-49, by amending sections 1 thereof, to change the use of funds previously appropriated for public projects and social programs in the state of Pohnpei, and for other purposes.

Speaker Simina: Chairman Figir.


Chairman Figir: I so move.

Chairman Perman: Second.

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

No.

20-109 on second and final reading.

Any discussions?

If none, let’s vote by roll call of Delegations.

Chief Clerk.

The Chief Clerk took the roll call by States.


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

-99- November 3, 2017 CONGRESSIONAL JOURNAL – CLOSING DAY– 2SS –20CFSM Speaker Simina: For that reason, Congress has passed C.B.

No.

20-109 on second and final reading.

Next bill.

Chief Clerk: There are none, Mr. Speaker.

Speaker Simina: Next item.


RESOLUTION CALENDAR C.R.

No.

20-55: Approving and accepting a grant in the amount of $647,309 from the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, to fund the FSM Strategic Prevention Framework Partnerships for Success (SPF-PFS) Project, including all the terms and conditions of the assistance.

Speaker Simina: Chairman Perman.

Chairman Perman: I so move for its adoption.

Chairman Panuelo: Second.


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

No.

20-55.

Discussion.

Chairman Figir: Speaker Speaker Simina: Chairman Figir Chairman Figir: I just want the record to reflect that I don’t support this kind of grant anymore.

As I’ve said in the past, I think we use this grant just because money is coming but then there’s no effective result.

Speaker Simina: Thank you, Chairman Figir for your feeling.
Any other discussion, if none and if there is no objection, discussion is closed.

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

No.

20-55 say ‘aye’ – opposed say ‘nay’.

The motion is carried.

Congress has adopted the Resolution (C.R.

No.

20-55).

Next resolution.

C.R.

No.


20-59: Approving and accepting a grant from Her Majesty the Queen in the Right of Canada, through the Department of Foreign Affairs, Trade, and Development (DFATD) in the amount of CAD$98,500, to fund and support the FSM’s project entitled: “Strengthening the FSM’s Institutions that Promote Gender Equality and CEDAW Awareness Raising to the Relevant Stakeholders and Partner Agencies in the Federated States of Micronesia”, including all the terms and conditions of the assistance.
Chairman Perman: I so move for its adoption.

Chairman Welly: Second.

-100- November 3, 2017 CONGRESSIONAL JOURNAL – CLOSING DAY– 2SS –20CFSM Speaker Simina: It has been moved and seconded that Congress adopt Resolution (C.R.

20-59).

Discussion.

Chairman Figir.

Chairman Figir: Speaker, I want to share the same concern regarding gender equality.

I don’t think there’s any other organization or country that treat their women as we are.
We treat our women considering that man and woman in this country are equal.

In fact, in my state we want them to be more important.

We don’t put them to work because we respect them.

So if they want to run for Congress, who is stopping them?

Miniako and Lynn said the same thing in their organizations.

Let’s take IPU for example.

Who is stopping women from running for Congress and who is saying that we don’t treat our women?

We have an agenda problem in the FSM.


I think somebody needs to tell these people how we do things back in the FSM; and I am saying this because I don’t look down or treat women differently.

But look at the news, read it, its probably about what’s happening in other countries on how they treat women and other ethnic groups.

We don’t do that in the FSM.


So if they want us to help out with money, maybe we can say, “Thank you, but here is the money and fix it yourself.” Speaker Simina: Thank you, Chairman Figir.

Short recess.

Speaker Simina declared the Congress recessed at 11:47 a.m., subject to the call of the Chair.

The Congress reconvened at 11:56 a.m.

RECESS Speaker Simina: Congress comes back to session.

Any further discusions?

Chairman Perman: I move for the previous question.


Speaker Simina: It has been moved without objection.

Debate will be closed.

Let’s vote.

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

20-59) say ‘aye’ – opposed say ‘nay’.

The motion is carried.

Congress is not adopted the Resolution (C.R.

20-59).

Next resolution.

C.R.

No.


20-64: Approving and accepting a grant in the amount of $100,064 from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, to fund the PPHF 2017 Preventive Health and Health Services Block Grant, for the budget period from October 01, 2016, to September 30, 2018, including all the terms and conditions of the assistance.

Speaker Simina: Chairman Perman.

Chairman Perman: I so move for its adoption.

Floor Leader Harper: Second.


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

No.

20- 64).

Discussion.

If none, without objection debate is closed.

All those in favor of adopting of Resolution (C.R.

No.

20-64) say ‘aye’ – opposed say ‘nay’.

The motion is carried.

Congress has now adopted the Resolution (C.R.

No.

20-64).

Next resolution.

Chief Clerk: There are none, Mr. Speaker.


-101- November 3, 2017 CONGRESSIONAL JOURNAL – CLOSING DAY– 2SS –20CFSM Floor Leader Harper: Speaker.

Speaker Simina: Floor Leader Harper, you have the floor.

Floor Leader Harper: Thank you, Mr. Speaker.

I like to withdraw a resolution but I doubt it will agreeable by Members.

This is the one on Alex Narruhn to be a member of the FSM Trust Fund.

Chairman Perman: Next special session, please.

Speaker Simina: Short recess.


Speaker Simina declared the Congress recessed at 11:58 a.m., subject to the call of the Chair.

RECESS Chairman Isaac V. Figir left the Chamber at 12:00 p.m.

The Congress reconvened at 12:00 p.m. Speaker Simina: Congress comes back to session.

We are still on the Resolution Calendar.

Any resolutions?

Chairman Urusemal?

You seem eager .

Chairman Urusemal: Our upcoming session.

Speaker Simina: Members, let me clarify things here by giving you a chance.
If you have any important resolutions that you would like to take care of, then work on them, rather if none, then let us move on to the next item.

INTRODUCTION OF BILLS None INTRODUCTION OF RESOLUTIONS None MISCELLANEOUS COMMUNICATIONS None MISCELLANEOUS BUSINESS Speaker Simina: Are there any Miscellaneous Business?

Floor Leader Harper?

Floor Leader Harper: Thank you, Mr. Speaker.

I have one or two Miscellaneous Businesses this morning.
First of all, I would like to share with our Members that I received a message from James Naich expressing his concern that his contract is going to expire this month.

He is asking whether Congress has some kind of green light for him to be funded to work along with James Stovan and I failed to ask you in your office this morning so I can respond to him.
Nevertheless, I just want to convey this so I would kindly ask that we consider his concern seriously so that he may not be out of a job this month or next month.
Secondly, I would like to reiterate what Vice Speaker Moses said yesterday relating to our sincere -102- November 3, 2017 CONGRESSIONAL JOURNAL – CLOSING DAY– 2SS –20CFSM appreciation and gratitude to our staff for all their hard work which has made this session a very successful one and beside that also to all Members who are contributing unto the success of our session one way or the other.
And I would like to ask the staff to continue that kind of assistance and cooperation in the subsequent session in the future.

Finally, Mr. Speaker I would like to take this opportunity to say my greeting to all our chuukese constituents who are observing our session via live this morning, especially, I want to say hello to my constituents from Mortlock and I want to clarify to them of a rumor that mentioned that I am not going to run for election in 2019.
This is incorrect and totally wrong that is because they said I am disabled, but you know I want to tell them that I will still run and it will be up to them to look at me if I am disabled or not.

Thank you very much, Mr. Speaker.

Speaker Simina: Thank you very much, Floor Leader Harper.

I believe that, on the issue of Mr. Naich, we are working on something to see if we can help him out but that remains to be seen; and of course, your constituents should be happy that you are back and stronger.
Okay, any other Miscellaneous Business?

Chairman Perman: Mr. Speaker.

Speaker Simina: Yes, Chairman Perman?

Chairman Perman: Thank you, Mr. Speaker.

I usually don’t do Miscellaneous Business but today I want to share something to Members about what happened yesterday to a bill that was defeated.

And I know that we are going to try to put it back on the next Special Session.
The fact that – to me, what I sensed yesterday, it was defeated because of the decision that was made during the 17th Congress and a mistake that was done by our National Government back then somewhere and not to really address the issue of company or business especially the private sectors.

I mean, I am safe to say that in business, when it comes to employment, they are one of the highest in the FSM.
As far as social security (MiCare, Tax), they contribute to our economy and for a debt that is over two and a half years and not addressed.

Also, I am saying this not because there is an on-going project or a project that will be done by this company as far as the airport goes.

We owe the company and any other companies whether if it is in Chuuk, Yap, Kosrae or Pohnpei.
Companies survive by taking care of their receivables but this is over $400,000 and it is two and half years and we still haven’t paid it off.

So I’m hoping that this coming Special Session, with the support of other Members, we try and put it back up because of this family that own all these businesses.

If it is in Pohnpei, I think that they will own maybe about 50% of the businesses here even if they had established in Kosrae, Chuuk and everywhere.
They have contributed a lot of employees to our nation.

So please, when it comes to this kind of bill especially when in taking care of debts, I think we should address that based on this and what happened to it.

We will take care of it later on.

Thank you, Mr. Speaker.

Speaker Simina: Thank you, Chairman Perman for raising that again.

Yes, I join you on that particular note that any obligation of the National Government has to be taken care of.

So we need to figure that out.


Maybe the attorney general can write us something that it is, indeed, a legal obligation of the National Government; and certainly, we will take it up just like we did with other poor judgements and the liabilities against the National Government.

We will clear that up as we proceed.

Okay, any other Miscellaneous Business?

Chairman Urusemal: Speaker.

Speaker Simina: Yes, Chairman Urusemal?

Chairman Urusemal: What is the date today, Mr. Speaker?
-103- November 3, 2017 CONGRESSIONAL JOURNAL – CLOSING DAY– 2SS –20CFSM Speaker Simina: I’m sorry.

Chairman Urusemal: What day of November is today?

Speaker Simina: Go and look at your calendar.

We have phones.

Chairman Urusemal: It is November 3rd.

Yes, and it is by law and designated to be FSM Independence Day.

I wish to take this opportunity to congratulate the nation especially our people for having endured with the constitution and this government for the past years beginning in 1979.
I know there are some questions in some people’s minds where November 3rd is really the Independence Day or May 10th, but by law it is November 3rd.

I am aware or informed that the State of Yap has planned a very elaborate celebration of today which is very encouraging.

I have been to Yap for the past November 3rd and not much plans or activities were planned.

Lo’ and behold!
Lo’ and behold!

Now people are beginning to feel that they are proud of this government and this nation, and have planned to have activities for today.

I would hope that the Good Lord would continue to guide the leadership of this nation.

For them, our Leaders, to continue to serve the people as they are mandated and elected and designated to lead all of our people – not only a few – but all of our people.

Congratulations to all of us and to our people and to our government.
On another note, when I look at the paper for this morning, Order of Business, I see all these designations “None, none, none…” I was thinking why all “none” and then I remembered, “Oh, it’s Independence Day.” So it’s good to let people know that November 3rd is FSM Independence Day and celebrating it while we are here banging our heads about issues that maybe will enhance the independence of this nation.

Thank you very much, Mr. Speaker and I hope we don’t have session during Christmas and New Year.
Thank you.

Speaker Simina: Thank you, Chairman Urusemal.

Indeed, we should be grateful that today is a very important day to our nation and believe it or not all these celebrations across this nation has a lot to deal with what Congress did.

We had appropriated $50,000 for this Independence Day and that is exactly what is happening.

They are using that small amount of money to make sure that we have focus on the independence of our small nation.
So it is a worthwhile effort on part of Congress and we should continue to support this kind of national endeavour.

Any other Miscellaneous Business?

Chairman Gouland: Speaker.

Speaker Simina: Yes, Chairman Gouland?

Chairman Gouland: Thank you, Mr. Speaker.

I just wanted to register or state it on record my statement about the bill that was mentioned by my good colleague, Senator Perman, in regards to the bill that we defeated yesterday.
It does not mean that we disagree with the intention of the bill but what we need on that bill is to do our diligent work so we all understand the consequential nature of that bill.

Thank you, Mr. Speaker.

Speaker Simina: Thank you, Chairman Gouland.

Yes, we will continue to seek support of Congress, if in fact, in the end it comes out that this particular thing is an obligation of the National Government.

We need to keep that in mind as we move forward.

Any further Miscellaneous Business?


If none, next item.

ANNOUNCEMENTS Speaker Simina: Chairman Welly .

Chairman Welly: Thank you, Mr. Speaker.

No announcement.

-104- November 3, 2017 CONGRESSIONAL JOURNAL – CLOSING DAY– 2SS –20CFSM Speaker Simina: Chairman Figir?

Chairman Alik?

Chairman Perman?

Chairman Panuelo?

Chairman Panuelo: No announcements, Mr. Speaker.

Speaker Simina: Chairman Gouland?

Chairman Gouland: No announcements, Mr. Speaker.

Speaker Simina: Chairman Urusemal?


Chairman Urusemal: No announcement until next session.

Speaker Simina: Vice Speaker Moses?

Do you have an announcement to make?

Vice Speaker Moses: There will be reception at the Cliff Rainbow starting at 6:00 p.m. and I believe the sakau starts at 4:30 p.m. Speaker Simina: Thank you, Vice Speaker Moses, for that.

So get ready.

We get to enjoy our Independence Day like our citizens.

So come over to Cliff this evening.

Senator Neth?


Okay, before we – Floor Leader, you have to make motion for in-house matters.

Floor Leader Harper: Motion for what?

Speaker Simina: Approval of journals.

Short recess.

Speaker Simina declared the Congress recessed at 12:14 p.m., subject to the call of the Chair.

RECESS The Congress reconvened at 12:14 p.m. Speaker Simina: Congress comes back to session.
Floor Leader Harper: I now move that the journal of the first day until today will be approved by the presiders with the assistance of the appropriate staff to check on whatever mistakes we may have on the journal.

Chairman Urusemal: Second.

Speaker Simina: It has been moved and seconded that presiding officers will have the discretion to read and approve our journals and other necessary documents.

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

The motion is carried.

So be it.


The presiding officers are designated.

Before we move forward, I just want to join those in showing my appreciation to you Members for bearing with us.

The President called this Special Session and I know it kind of upset planning for each of you so I really appreciate the fact that you came and join our Special Session.

We have done quite a lot especially to the respect of Telecommunications.

I hope we can continue to address that as the issues come forward to us.
We do not have any more funding as for now so I hope you can do your planning accordingly as we proceed further in the future.

I know some of you may have different ideas on how we can proceed but I just want to highlight the fact that I think some Members have already discussed and talked about another Special Session.
We will issue a poll to figure out exactly when and if that Special Session can occur -105- November 3, 2017 CONGRESSIONAL JOURNAL – CLOSING DAY– 2SS –20CFSM sometime before or during December.

I guess that is just a few things I would like to share with you.

If there is no further announcement, no further business, I will ask the Floor Leader for adjourn for sine-die and we just stand up for a short while.

Floor Leader Harper: Thank you, Mr. Speaker.

I move that this Congress adjourn sine-die.


Chairman Urusemal: Second.

Speaker Simina: It has been moved and seconded that the Congress Special Session adjourns sine- die.

May we all stand?

If there is no objection, I hereby declare this session adjourn sine-die.

Speaker Simina declared that the Congress adjourn sine-die at 12:18 p.m., Friday, November 03, 2017.

-106- 20th CONGRESS of the Federated States of Micronesia SECOND SPECIAL SESSION Standing Committee Reports 107 STANDING COMMITTEE REPORT NO.
20-38 RE: T&C COMMITTEE SUBJECT: PRESIDENT’S SUPPLEMENTAL REQUEST FOR THE FIBER OPTIC PROJECT NOVEMBER 02, 2017 The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Second Special Session, 2017 Dear Mr. Speaker: Your Committee on Transportation and Communication held a public hearing on October 31, 2017, with the President’s Office, the Secretary of the Department of TC&I, the Secretary of the Department of Justice and the Department of Finance and Administration.
The hearing was chaired by Vice Chairman Alik L. Alik.
The subject of the hearing, as detailed in the Notice of Public Hearing, was as follows: President’s Supplemental Request for the Fiber Optic Project Present at the hearing to testify were the following: Mark DeOrio (FSMDTCI), Secretary Lukner Weilbacher (FSMDTCI), Aaron Warren (FSMDTCI), Redley Killion (OAE), Erick Paul (DFA), Leo Falcam Jr. (President’s Office), Secretary Joses Gallen (DOJ), Rob Solomon, (DOFA), Soas Joan (DOFA) and Freddy Perman (FSMTC).
Testimony Presented by TC&I: TC&I would like to clear the outstanding balance to be able to release additional funding for additional work.

The President has not sought funding from alternate sources, because there is concern that could impact the “grant only” status of the FSM with the World Bank (WB).

In order to receive grants, the FSM must demonstrate that there are no alternate sources of funding available.

The funding from Congress is reimbursable from the WB funds when they are released.
The WB funds total $47 million.

The project has made financial agreements and contracts for services and supplies.

The WB has released $10 million with a one-time exception.

Until all requirements are met, the WB has indicated they are not willing to release any additional funds.

The outstanding requirements for the disbursement of the WB funding are: a. b. hiring of the OAE CEO; and the IRUD It is projected that these will both be completed within 6-8 weeks.

-108- STANDING COMMITTEE REPORT NO.


20-38 RE: T&C COMMITTEE SUBJECT: PRESIDENT’S SUPPLEMENTAL REQUEST FOR THE FIBER OPTIC PROJECT NOVEMBER 02, 2017 The OAE business plan has been approved by the WB and the IRUD has been agreed upon in principle, however there are some procedural walkthroughs of the facilities in each state that need to occur to evaluate the building facilities and how the buildings will be shared, including rights of access.
The $15.5 million being requested ($8 million already paid, $7.5 million currently requested) is for past due invoices from NEC for the Yap/Chuuk project.

In order to avoid the risk of paying penalties that may be currently accruing, the President is requesting the past due invoices be paid.

As of September 13, 2017, the FSM is in default and may be accruing penalties.

The FSM has received one notice of default, but no specific amounts have been provided by NEC regarding penalty and interest amounts.
TC&I also pointed out that any penalties and interest that are charged and paid, are not reimbursable from the WB funds.

The Secretary offered a commitment to work on negotiating any penalties that may be billed in the future, but feels that they would have substantially more leverage to assist with this if the past due amounts are paid.

Testimony Presented from DFA: The WB does not allow for borrowing against the project assets.

Any such funds would not qualify for reimbursement from the WB.
DFA shares the concern that the “grant only” status could be in jeopardy if funds were borrowed from other sources.

If Congress’s authorizes the payment of the $7.5 million, this would ensure that the $15.5 million would be reimbursable from the WB funds when they are disbursed.

The $15.5 million is the principle amount of the invoice for the Chuuk production of cable.

It is anticipated that there will be more invoices received before the end of the year.
It is hoped that by paying the past due amounts before additional bills are received, this will be viewed as an act of good faith and the default notice will be off the table for the new invoices, thus avoiding additional penalties.

The risk that DFA sees is that any bills received in the near future, may also be considered in default and could include interest and penalties.
DFA is confident that the WB requirements will be met by the end of the year and the full $15.5 million will be repayable from the WB funds in January 2018.

The President would like the project to move forward and by waiting 6-8 weeks for the WB disbursement, it will delay the project.

Congress requested, and DFA provided assurances that they will provide current calculations by tomorrow.

Testimony Presented from Office of President: The President met with high ranking NEC officials.
They did not discuss penalties.

NEC officials were made aware that Congress authorized the payment of $8 million (this has since been paid to NEC).

-109- STANDING COMMITTEE REPORT NO.

20-38 RE: T&C COMMITTEE SUBJECT: PRESIDENT’S SUPPLEMENTAL REQUEST FOR THE FIBER OPTIC PROJECT NOVEMBER 02, 2017 The President indicated to NEC that he would seek assistance from Congress for additional payment towards the balance of the principle.
Even though the $8 million has been paid to NEC, it is believed that FSM is still considered in default based on the outstanding past due amount.

The president’s office feels that the risk is substantial and that by reducing the debt that is currently in default, it will allow everyone to focus on the things that need to be completed to meet the WB requirements and get the WB funds disbursed.
Congress has provided support for the President’s word and relationship with NEC by authorizing the previous payment of $8 million.

The President’s office does not want to “use up” all the good faith that has been established.

They want to continue to develop and maintain the positive relationship.

The President’s desire is to dispose of the NEC debt quickly to put the government in a better position to continue to move things forward with the project.
Your committees thanked the witnesses for appearing and for providing the information.

Recommendations: Based on the information provided at the hearing and upon discussion, the Committees feels that the goals as outlined by the stakeholders at the hearing can be met with the authorization of a payment of $4 million.

This should provide some leverage based on the good faith efforts on the part of the FSM government and should allow the project to continue to move forward without significant delay.
-110- STANDING COMMITTEE REPORT NO.
20-38 RE: T&C COMMITTEE SUBJECT: PRESIDENT’S SUPPLEMENTAL REQUEST FOR THE FIBER OPTIC PROJECT NOVEMBER 02, 2017 Respectfully submitted, /s/ Victor V. Gouland Victor V. Gouland, chairman /s/ Alik L. Alik 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 -111- STANDING COMMITTEE REPORT NO.

20-39 RE: C.R.
20-39 RE: C.R.

NO.

20-55/H&SA SUBJECT: ACCEPTING A GRANT FROM THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES IN THE AMOUNT OF $647,309.

NOVEMBER 02, 2017 The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Second Special Session, 2017 Dear Mr. Speaker: Your Committee on Health and Social Affairs to which was referred C.R.

No.
No.

20-55, entitled: “A RESOLUTION APPROVING A GRANT IN THE AMOUNT OF $647,309 FROM THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION, TO FUND THE FSM STRATEGIC PREVENTION FRAMEWORK PARTNERSHIPS FOR SUCCESS (SPF-PFS) PROJECT, INCLUDING ALL THE TERMS AND CONDITIONS OF THE ASSISTANCE.”, begs leave to report as follows: The intent and purpose of the resolution are expressed in its title.
Your Committee held a hearing on November 1, 2017, the witnesses included the Department of Health and Social Affairs, including the Secretary and her key staff, and representatives the Department of Justice and the Department of Finance and Administration.

The projects and programs funded by the substance abuse and mental health grant are well known to your Committee.

These programs are long-standing and valuable to our Nation.
The Committee is very supportive of all programs that show results in the reduction of alcohol, tobacco and drug use among our citizens, particularly our youth.

The particular project to be funded by this grant will work to prevent underage drinking in our Nation.

The Department of Health & Social Affairs and the Department of Justice advised the Committee that the legal drinking age in all the four States is 21, and the project proposed would target the age group 12-20.
The Committee notes that no current statistics have been provided to Congress regarding the extent of the problem of underage drinking, and of the current trends regarding this problem.

The Committee strongly urges the Department of Health & Social Affairs to provide statistics, and all other relevant information regarding this issue to the Committee at its earliest convenience.
Each state will be provided a portion of these funds, the division largely made according to the population of each state, and its own individual plans.

The Committee notes with appreciation that all of the funding will go down to the state level for activities that will reach our youth.

Several -112- STANDING COMMITTEE REPORT NO.

20-39 RE: C.R.

NO.

20-55/H&SA SUBJECT: ACCEPTING A GRANT FROM THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES IN THE AMOUNT OF $647,309.
NOVEMBER 02, 2017 organizations in each state will receive funding from this grant.

The Committee requests information regarding the activities and outputs from each of these organizations as well.

The Committee was provided a detailed budget and this is attached for the review of members.
Your Committee is strongly supportive of the Department of Health and Social Affairs’ efforts to provide additional funding for alcohol abuses, particularly regarding prevention of underage drinking, and it is therefore, for the reasons set forth above, your Committee on Health and Social Affairs supports the grant activities proposed to be funded, it is in accord with the intent and purpose of C.R.

No.20-55, and recommends its adoption in the form attached hereto.
Respectfully submitted, /s/ Ferny S. Perman Ferny S. Perman, chairman /s/ Alik L. Alik Alik L. Alik, vice chairman /s/ /s/ Joseph J. Urusemal Joseph J. Urusemal, member /s/ /s/ Derensio S. Konman Derensio S. Konman, member /s/ /s/ Tiwiter Aritos Tiwiter Aritos, member /s/ /s/ Florencio S. Harper Florencio S. Harper, member /s/ /s/ David W. Panuelo David W. Panuelo, member -113- STANDING COMMITTEE REPORT NO.

20-40 RE: C.R.

NO.
20-40 RE: C.R.

NO.

20-59/H&SA SUBJECT: A RESOLUTION ACCEPTING GRANT ASSISTANCE FROM THE CANADA IN THE AMOUNT OF CAD$98,500.

NOVEMBER 02, 2017 The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Second Special Session, 2017 Dear Mr. Speaker: Your Committee on Health and Social Affairs to which was referred C.R.

No.
20-59, entitled: “A RESOLUTION APPROVING AND ACCEPTING A GRANT FROM HER MAJESTY THE QUEEN IN THE RIGHT OF CANADA, THROUGH THE DEPARTMENT OF FOREIGN AFFAIRS, TRADE, AND DEVELOPMENT (DFATD) IN THE AMOUNT OF CAD $98,500, TO FUND AND SUPPORT THE FSM’S PROJECT ENTITLED: “STRENGHTHENING THE FSM’S INSTITUTIONS THAT PROMOTE GENDER EQUALITY AND CEDAW AWARENESS RAISING TO THE RELEVANT STAKEHOLDERS AND PARTNER AGENCIES IN THE FEDERATED STATES OF MICRONESIA”, INDCLUDING ALL THE TERMS AND CONDITONS OF THE ASSISTANCE.”, begs leave to report as follows: The intent and purpose of the resolution are expressed in its title.
Your Committee held a hearing on November 1, 2017, the witnesses present included the Department of Health & Social Affairs, including the Secretary and her key staff, and representatives the Department of Justice and the Department of Finance and Administration.
Your Committee has monitored the reporting and work done to satisfy our Nation’s obligations under the Convention to Eliminate All Forms of Discrimination Against Women for the last 13 years that the Federated States of Micronesia has been a signatory to the Convention.

The Committee supports the women’s rights and gender equality commitments, but is concerned that previous funding for these issues was not utilized to its fullest extent.
The Committee and the Department of Health & Social Affairs discussed the on-going challenges facing our Nation regarding domestic abuse, child abuse, equal access to participation in education and all aspects of community and civil life.

The Secretary of the Department of Health & Social Affairs and the Gender Affairs Officer were both articulate with detailed information regarding the challenges that our Nation faces in these areas, and the need to support activities with funding at the National level.
-114- STANDING COMMITTEE REPORT NO.

20-40 RE: C.R.

NO.

20-59/H&SA SUBJECT: A RESOLUTION ACCEPTING GRANT ASSISTANCE FROM THE CANADA IN THE AMOUNT OF CAD$98,500.

NOVEMBER 02, 2017 Much time was spent discussing the priorities of projects in the states.

The Committee asked which was the priority, legislation in this area or additional awareness campaigns.

The Department stated that both were necessary and equally important.
The Department also stated that some obstacles remain in passing legislation at the state level.

Your Committee suggested that funding for the states be tied to performance, particularly the passage of necessary legislation.

During the hearing the Committee was advised that the obstacles facing women and girls, including violence and sexual abuse, remain in our Nation, and are still happening at high levels.

The Committee requested all current statistics available regarding these issues.
It strongly requested all documents that show multi-year trends in this regard.

The Department has provided a budget breakdown and this is included for the Members review.

As the Committee for the other grants under review this session, a detailed report for each state and the activities proposed for the coming year, is requested.

The Committee reiterates its request for information.
It is the desire of the Committee to know how the various projects are being evaluated and how the Department is influencing successful outcomes.

The Department has agreed to provide this information at the earliest possible date.

Your Committee is supportive of the Department of Health and Social Affairs’ efforts, however, further encourages additional communication regarding this program.
Notwithstanding the above comments, it is therefore, for the reasons set forth above, your Committee on Health and Social Affairs supports the grant activities proposed to be funded, it is in accord with the intent and purpose of C.R.

No.20-59, and recommends its adoption in the form attached hereto.
Respectfully submitted, /s/ Ferny S. Perman Ferny S. Perman, chairman /s/ Alik L. Alik Alik L. Alik, vice chairman Tiwiter Aritos, member /s/ Florencio S. Harper Florencio S. Harper, member /s/ David W. Panuelo David W. Panuelo, member /s/ /s/ Joseph J. Urusemal Joseph J. Urusemal, member /s/ /s/ Derensio S. Konman, member -115- STANDING COMMITTEE REPORT NO.

20-41 RE: C.R.

NO.

20-64/H&SA SUBJECT: ACCEPTING A GRANT FROM THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES IN THE AMOUNT OF $100,064.
NOVEMBER 02, 2017 The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Second Special Session, 2017 Dear Mr. Speaker: Your Committee on Health and Social Affairs to which was referred C.R.

No.
No.

20-64, entitled: “A RESOLUTION APPROVING AND ACCEPTING A GRANT ASSISTANCE IN THE AMOUNT OF $100,064 FROM THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, CENTERS FOR DISEASE CONTROL AND PREVENTION, TO FUND THE PPHF 2017 PREVENTIVE HEALTH AND HEALTH SERVICES BLOCK GRANT, FOR THE BUDGET PERIOD FROM OCTOBER 1, 2016 TO SEPTEMBER 30,2018, INCLUDING ALL THE TERMS AND CONDITIONS OF THE ASSISTANCE.”, begs leave to report as follows: The intent and purpose of the resolution are expressed in its title.
Your Committee held a hearing on November 1, 2017, the witnesses present included the Department of Health & Social Affairs, including the Secretary and her key staff, and representatives the Department of Justice and the Department of Finance and Administration.

Your Committee remains strongly committed to all work to reduce the major diseases affecting the citizens of our Nation.
The overall program funded by this grant is well known to the Committee, and has been a part of the FSM preventative health program for many years.

The Committee and the Department of Health & Social Affairs discussed the on-going challenges facing our Nation regarding heart disease and diabetes.

The Department spoke about the need to work on non-communicable disease risk factors, such as salt and fat intake, as well as, the need for exercise by all members of society.
The National portion of this funding will fund activities promoting a reduction in salt, better nutrition in general and physical activity.

Each of our states will receive an almost equal portion of this funding based on their own individual plans.

A detailed budget breakdown is attached to the report for members reference.

The Committee reiterates its request for information.
It is the desire of the Committee to know how the various projects are being evaluated and how the Department is influencing successful outcomes.

The Department has agreed to provide this information at the earliest possible date.

-116- STANDING COMMITTEE REPORT NO.

20-41 RE: C.R.

NO.

20-64/H&SA SUBJECT: ACCEPTING A GRANT FROM THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES IN THE AMOUNT OF $100,064.
NOVEMBER 02, 2017 Your Committee is supportive of the Department of Health and Social Affairs’ efforts, however, further encourages additional communication regarding this program.

Notwithstanding the above comments, it is therefore, for the reasons set forth above, your Committee on Health and Social Affairs supports the grant activities proposed to be funded, it is in accord with the intent and purpose of C.R.

No.20-64, and recommends its adoption in the form attached hereto.
Respectfully submitted, /s/ Ferny S. Perman /s/ Alik L. Alik Ferny S. Perman, chairman Alik L. Alik, vice chairman Tiwiter Aritos, member /s/ /s/ Florencio S. Harper Florencio S. Harper, member /s/ David W. Panuelo David W. Panuelo, member /s/ /s/ Joseph J. Urusemal Joseph J. Urusemal, member Derensio S. Konman, member /s/ /s/ /s/ -117- 20th CONGRESS of the Federated States of Micronesia SECOND SPECIAL SESSION Special Committee Reports -118- SPECIAL COMMITTEE REPORT NO.
20-05, RE: COMMITTEE TO WAIT ON THE PRESIDENT OCTOBER 31, 2017 The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Second Special Session, 2017 Dear Mr. Speaker, Your Committee to Wait on the President, consisting of members Dion G. Neth, Joseph J. Ursuemal, Paliknoa K. Welly, and Derensio S. Konman was duly appointed on October 30, 2017.

Dion G. Neth was designated as the chairman.


Your Committee met with the President and Vice-President on October 30, 2017 at 11:15 a.m. Chairman Neth greeted the President, Vice-President, and key members of the Executive on behalf of Congress, and thanked them for the opportunity to meet.

Chairman Neth reported that Congress was in session and was ready to transact business.

Your Committee stated that it was ready to address the very narrow call of this short special session.
In the call for this special session the President specifically requested that Congress take action on: 1. a supplemental budget to: provide additional funding for the fiber-optic cable project, and a new consulate office in the U.S. ; and 2. nominations that remain pending before Congress.

The President greeted the Committee, and he also requested that Congress give priority during this session to the legislation and resolutions recently transmitted regarding health and education.
The President assured the Committee that all the relevant members of each of his departments would be on Pohnpei and available during the session for hearings.

The President also stated that Congress should feel free to take action on other matters that they deem priorities at this time.

The President had his relevant cabinet members give brief summaries on current issues being addressed in their departments.
Some discussion was had regarding the confirmation by United Airlines that an additional flight would be added from Guam to Honolulu, however, a flight to Yap will be cut.

The President advised the Committee that he continues to pursue other airlines to satisfy the needs of all of our states.

The port security deficiencies were also discussed and from the update given it appears that a revised report will be done, and all the noted deficiencies are cured.
A request for funding for the Micro Games 2018 in Yap had been included in the initial call transmitted by the President for this special session (October 10, 2017), but was not included in the most recent transmission with the proposed supplemental budget (October 30, 2017).

The President and your Committee discussed the need for a detailed budget for this item prior to a decision on funding.
The President also expressed his desire to see the sports facilities used more regularly for national and state events.

-119- SPECIAL COMMITTEE REPORT NO.

20-05, RE: COMMITTEE TO WAIT ON THE PRESIDENT OCTOBER 31, 2017 In the education arena the President advised your Committee that he would ensure full lists of scholarship opportunities would be transmitted to the Congress.
He stated that many opportunities for study in other countries, Morocco, for example, are not being announced to our public, and therefore, our students do not take advantage of them.

Some discussion was also had regarding the proposed legislation to tax foods with higher contents of sugar and salt at an increased rate.

The President encouraged the Congress to take action on health measures directed at proactive and preventive health initiatives.
The President closed by inviting the members of Congress to a dinner later this week, perhaps Wednesday, to further discuss the priority issues for our Nation.

The meeting concluded with mutual agreement to move forward on the above issues in a timely and cooperative manner.

The Committee is submitting a brief report at this time.
Your Committee kindly requests the members address any further questions regarding the priority issues for this session to the members of the Committee during the discussion of this report at session.

Respectfully submitted, /s/ Dion G. Neth, chairman /s/ Joseph J. Urusemal, member /s/ /s/ /s/ /s/ Paliknoa K. Welly, member Derensio S. Konman, member /s/ -120- SPECIAL COMMITTEE REPORT NO.

20-06 RE: C.R.

NO.
20-06 RE: C.R.

NO.

20-56/SPECIAL COMMITTEE ON CLIMATE CHANGE SUBJECT: CONFIRMING MR. ANDREW YATILMAN TO SERVE AS THE SECRETARY OF THE DEPARTMENT OF ENVIRONMENT, CLIMATE CHANGE AND EMERGENCY MANAGEMENT.

NOVEMBER 01, 2017 The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Second Special Session, 2017 Dear Mr. Speaker: Your Special Committee on Climate Change, to which was referred C.R.

No.
No.

20-56, entitled: “A RESOLUTION TO CONFIRM THAT NOMINATION OF MR. ANDREW ROBERT YATILMAN TO SERVE AS THE SECRETARY OF THE DEPARTMENT OF ENVIRONMENT, CLIMATE CHANGE AND EMERGENCY MANAGEMENT OF THE FEDERATED STATES OF MICRONESIA.”, begs leaves to report as follows: The intent and purpose of this resolution are expressed in this title.
Your Committee is happy that the President has chosen to nominate the previous Director of the OEEM as the new Secretary of the Department of Environment, Climate Change and Emergency Management.

Such a decision minimizes the disruption in the transition from office to department.

It also assures the quick mobilization of the new department by putting in place a well-known and experienced figure both within and outside the Nation.
Your Committee is well acquainted with the nominee having had him testify in front of your Committee many times.

Your Committee has also observed him in action at several international meetings and is satisfied that he can represent the FSM well in international arenas.

He is also knowledgeable in climate change and other related matters.

Your Committee held a hearing on November 1, 2017.

Present were representatives of the President’s Office, the OEEM, and the Department of Foreign Affairs.
All witnesses praised the nominee’s character and qualifications, and urged that Congress take prompt action in light of the need of the FSM to be well represented at the upcoming COP 23.

-121- SPECIAL COMMITTEE REPORT NO.

20-06 RE: C.R.

NO.

20-56/SPECIAL COMMITTEE ON CLIMATE CHANGE SUBJECT: CONFIRMING MR. ANDREW YATILMAN TO SERVE AS THE SECRETARY OF THE DEPARTMENT OF ENVIRONMENT, CLIMATE CHANGE AND EMERGENCY MANAGEMENT.
NOVEMBER 01, 2017 Your Special Committee on Climate Change is in accord with the intent and purpose of C.R.

No.

20-56 and recommends its adoption in the form attached hereto.
Respectfully submitted, /s/ Alik L. Alik Alik L. Alik, chairman /s/ Dion G. Neth Dion G. Neth, member /s/ /s/ Wesley W. Simina Wesley W. Simina, member /s/ /s/ Isaac V. Figir Isaac V. Figir, member /s/ Derensio S. Konman Derensio S. Konman, member /s/ -122- 20th CONGRESS of the Federated States of Micronesia SECOND SPECIAL SESSION Presidential Communications -123- PRESIDENTIAL COMMUNICATIONS -No.
20-126 - (dated and received 09/29/17) – Transmitting a bill to appropriate $7,561,165 to pay for outstanding balances that are immediately due to the suppliers of the Fiber Opt6ic Cable project.

-No.

20-127 - (dated and received 09/29/17) – Designating Congressional Act No.

20-44 as Public Law No.

20-44: “To further amend Public Law No.

18-89, as amended by Public Laws Nos.


18-102, 18-110, 18-116, 19-02, 19-09, 19-27, 19-28, 19-31, 19-58 and 19-112, by amending section 13 thereof, to change the lapse date of funds previously appropriated therein, and for other purposes.” -No.

20-128 - (dated and received 09/29/17) – Designating Congressional Act No.

20-45 as Public Law No.

20-45: “To amend Public Law No.


19-115, by amending section 2 thereof, to change the lapse date of funds previously appropriated therein for Yap State, and for other purposes.” -No.

20-129 - (dated and received 09/29/17) – Designating Congressional Act No.

20-46 as Public Law No.

20-46: “To further amend section 12 of Public Law No.

19-118, as amended by Public Laws Nos.

19-125, 19-135 and 20-01, to extend the lapse date for a certain line items, and for other purposes.” -No.
20-130 - (dated 09/29/17 and received 10/01/17) – Designating Congressional Act No.

20- 42 as Public Law No.

20-47: “To further amend title 2 of the Code of the Federated States of Micronesia (Annotated), as amended, by amending section 203 and 204 thereof, to dissolve the Office of Environment and Emergency Management, to empower the President of the Federated States of Micronesia to transition the functions of the dissolved office, and for other purposes.” -No.
20-131 - (dated 09/29/17 and received 10/01/17) – Transmitting a proposed resolution accepting a financial assistance made available by the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Program to fund and support the implementation of the FSM Strategic Prevention Framework Partnerships for Success in the amount of $647,309.

-No.

20-132 - (dated and received 10/09/17) – Designating Congressional Act No.

20-48 as Public Law No.

20-48: “To further amend Public Law No.


19-124, as amended by Public Laws Nos.

19-133, 19-140, 19-150, 20-05, 20-15 and 20-33, by amending sections 4, 5 and 6 thereof, to change the use and allottee of certain funds previously appropriated therein, to fund priority infrastructure projects and other programs in the states of Pohnpei and Chuuk, and for other purposes.” -124- Presidential Communications (continued p. 2) 20FSMC 2SS -No.
20-133 - (dated and received 10/10/17) – Calling for the convening of a Special Session of Congress for five days, beginning on October 30, 2017.

-No.

20-134 - (dated and received 10/13/17) – Designating Congressional Act No.

20-53 as Public Law No.

20-49: “To further amend Public Law No.

18-11, as amended by Public Laws Nos.


18-44, 18-81, 19-33, 19-106, 19-128, 19-134, 19-138 AND 20-11, by amending section 1 thereof, to change the use of funds previously appropriated for public projects and social programs in the state of Pohnpei, and for other purposes.” -No.

20-135 - (dated and received 10/13/17) – Designating Congressional Act No.

20-52 as Public Law No.

20-50: “To further amend PUBLIC LAW NO.

20-41, as amended by Public Law No.


20-41, by amending section 4 thereof, to change the use of certain funds previously appropriated therein, to fund public projects and social programs for the people of Pohnpei State, and for other purposes.” -No.

20-136 - (dated and received 10/13/17) – Designating Congressional Act No.

20-49 as Public Law No.

20-51: “To further amend Public Law No.

19-121, as amended by Public Laws Nos.


19-130, 19-142, 19-145, 19-158, 20-09 and 20-22, by amending section 4 thereof, to change the use of funds previously appropriated therein, for the purpose of funding public projects and social programs for the people of the state of Pohnpei, and for other purposes.” -No.

20-137 - (dated and received 10/13/17) – Designating Congressional Act No.

20-50 as Public Law No.

20-52: “To further amend Public Law No.

18-70, as amended by Public Laws Nos.


18-98, 18-112, 18-122, 19-07, 19-24, 19-41, 19-52, 19-73, 19-82, 19-101, 19-114, 19-139, 20-07, 20-16 and 20-36, by amending sections 4 and 6 thereof, to change the use and allottee 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.
20-138 - (dated 10/18/17 and received 10/19/17) – Transmitting the nomination of Mr. Andrew Robert Yatilman to serve as Secretary of the recently created Department of Environment, Climate Change, and Emergency Management of the Federated States of Micronesia.

-No.

20-139 - (dated and received 10/25/17) – Designating Congressional Act No.

20-51 as Public Law No.


20-53: “To appropriate the sum of $8,500,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2018, for the purpose of funding priority infrastructure projects and other projects and programs in the states of Kosrae, Pohnpei and Chuuk, and for other purposes.

-125- Presidential Communications (continued p. 3) 20FSMC 2RS -No.
20-140 - (dated 10/26/17 and received 10/27/17) – Transmitting a resolution accepting the $800,000 donation from the People’s Republic of China to subsidize the newly launched airline on December 03, 2016, between the FSM and Papua New Guinea.

-No.

20-141 - (dated and received 10/30/17) – Submitting a supplemental budget request – Yap- Chuuk Telecommunications cable; and Operations-FSM Consulate in Portland, Oregon.

-No.
-No.

20-142 - (dated and received 10/30/17) – Transmitting a grant in the amount of $100,064 from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention to fund the PPHF 2017.

-No.

20-143 - (dated and received 10/30/17) – Transmitting a proposed bill to establish the “FSM Pharmaceutical Act of 2017”.

-No.
-No.

20-144 - (dated and received 10/30/17) – Transmitting a resolution of CAD$98,500, a foreign financial assistance from the Government of Canada given to the Government of the FSM to fund and support the project “Strengthening the FSM’s Institutions that Promote Gender Equality and CEDAW Awareness Raising to the Relevant Stakeholders and Partner Agencies.” -No.
20-145 - (dated and received 10/30/17) – Transmitting the nomination of Mr. Alexander R. Narruhn to serve as a member of the Board of Trustees of the Fund (FSM Trust Fund) representing the National Government.

-No.
-No.

20-146 - (dated 10/31/17 and received 11/01/17) – Transmitting a resolution accepting the grant award notification dated October 01, 2017, from the U.S. Department of Education extending an assistance of $3,032,657 to assist in the implementation of the FSM Special Education programs and services to eligible children with disabilities including their families throughout the FSM.

-No.
-No.

20-147 - (dated 10/31/17 and received 11/01/17) – Transmitting a visa waiver agreement between FSM and the Russian Federation.

-No.

20-148 - (dated and received 11/01/17) – Re-submitting a resolution to approve and accept the grant assistance from the Korea International Cooperation Agency in the amount of $200,000 for the improvement of the Kosrae Airport terminal arrival lobby, immigration and custom inspection areas, restroom and baggage areas.
-126- 20th CONGRESS of the Federated States of Micronesia SECOND SPECIAL SESSION FSM Supreme Court Communications -127- FSM SUPREME COURT COMMUNICATIONS -No.

20-07 - (dated and received on 10/30/17) – From the Hon.

Dennis K. Yamase, Chief Justice, requests that Speaker submit a representative from Congress to be on the 2018 FSM National Law Day Coordinating Committee.

-128- 20th CONGRESS of the Federated States of Micronesia SECOND SPECIAL SESSION Member Communications -129- Member Communications -No.
20-10 - (dated 10/06/17 and received 10/30/17) – From Chairman Ferny S. Perman, Chairman, Committee on H&SA, submitting a trip report on his trip to the Republic of Palau to represent Congress at its 23rd Independence Day Celebrations on Oct. 01, 2017.

-No.

20-11 - (dated and received 10/31/17) – From Chairman Welly of the Committee on External Affairs, submitting a report on the oversight hearing on the proposed Consulate Office in Portland, Oregon.

-No.
-No.

20-12 - (dated and received 11/03/17) – From the Hon.

Speaker Simina, reporting on the outcome of the 137th IPU Assembly, which was held in St. Petersburg, Russia Federation, from October 13th through the 19th, 2017.

-130- 20th CONGRESS of the Federated States of Micronesia SECOND SPECIAL SESSION Departmental Communications -131- DEPARTMENTAL COMMUNICATIONS -No.
20-26 - (dated 10/23/17 and received 10/25/17) – From Mrs. Sihna N. Lawrence, Secretary, Department of Finance & Administration, submitting the updated Fiscal Year 2018 Revenue Projection and balance of funds.

-No.

20-27 - (dated 10/18/17 and received 10/30/17) – From Mrs. Magdalena A. Walter, Secretary, FSM Dept.

of Health and Social Affairs, inviting Speaker to participate in the annual FSM NCD Summit, 11-15 December 2017, in Yap State.

-No.
-No.

20-28 - (dated 10/31/17 and received 11/01/17) – From Mrs. Sihna N. Lawrence, Secretary, FSM Department of Finance and Administration, submitting a copy of the FSM’s unaudited performance report for the FSM Trust Fund for the quarter ending September 30, 2017.

-132- 20th CONGRESS of the Federated States of Micronesia SECOND SPECIAL SESSION Agency and Governmental Authority Communications -133- AGENCY AND GOVERNMENTAL AUTHORITY COMMUNICATIONS -No.
20-24 - (dated and received 09/29/17) – From Mr. Eugene Pangelinan, Executive Director, NORMA, advising Speaker and Members of Congress that the Authority plans to held its bilateral fisheries consultations with the Taiwan Deep Sea Tuna Boatowners and Exporters Association (TDSTBEA) in Kaohsiung, Taiwan; and to hold other side meetings in Manila before Taiwan.

-No.
-No.

20-25 - (dated 10/17/7 and received 10/25/17) – From Mrs. Anna Mendiola, President/CEO, FSM Development Bank, submitting the FSM Development Bank Strategic Plan for the years 2017-2026.

-No.

20-26 - -No.

20-27 - -No.


20-28 - (Not dated; received 10/27/17) – From Mr. Alexander R. Narruhn, Administrator, FSM Social Security Administration, transmitting the proposed bills for consideration: 1st Bill - $10,000,000 loan free of interest from the National government; 2nd Bill – to further amend Title 53 of the FSM Code, amending some provisions of the Social Security Act.
(dated and received 10/30/17) – From Mr. Eugene Pangelinan, Executive Director, NORMA, informing that the Western & Central Pacific Fisheries Commission (WCPFC) will be convening its 14th Regular Annual Session from 3rd to 7th December 2017, in Manila, Philippines.

(dated 10/27/17 and received 10/30/17) – From Mr. Kasio E. Mida, Senior Headquarters Executive, MRA, Inc., expressing appreciation for the attendance of members & staff of Congress at the recently completed MRA, Inc. meeting in Tokyo, Japan.
-134- 20th CONGRESS of the Federated States of Micronesia SECOND SPECIAL SESSION State Communications -135- STATE COMMUNICATIONS -No.

20-07 - (dated 10/13/17 and received 10/23/17) – From Senator Skip Esah, Northern Namoneas, inviting Speaker to attend the Sapuk Community of Honolulu Annual Celebration on October 28, 2017 at the Kuhio Park Terrace, in Honolulu, Hawaii.

-No.
-No.

20-08 - (dated 10/20/17 and received 10/27/17) – From Florence P. Stanley, Chief Clerk, Chuuk State House of Representatives, transmitting a certified Resolution No.
14- 17-HR-02, adopted during their 1st regular session: “To call for a quick resolution to the cause of delay between our FSM National Government, FSM Telecom and the World Bank for the Chuuk State urgent need for connecting broadband (fiber- optic) and ensuring reasonable costing for its municipalities, villages, communities and schools.” -No.
20-09 - (dated 09/29/17 and received 10/30/17) – From Mr. Ismael H. Mikel, Executive Director, Environmental Protection Agency, Chuuk State, requesting funding in the operation of the Chuuk EPA certain services.

-No.

20-10 - (dated 10/30/17 and received 10/31/17) – From Director Churchill Edward, Pohnpei Department of Education, informing Congress that the Pohnpei Department of Education is hosting its first student Leadership Conference during November 9, 2017; and requesting for sponsorship.
-136- 20th CONGRESS of the Federated States of Micronesia SECOND SPECIAL SESSION State Supreme Court Communications -137- STATE SUPREME COURT COMMUNICATIONS NONE -138- 20th CONGRESS of the Federated States of Micronesia SECOND SPECIAL SESSION Municipal or Town Communications -139- MUNICIPAL OR TOWN COMMUNICATIONS NONE -140- 20th CONGRESS of the Federated States of Micronesia SECOND SPECIAL SESSION Foreign Government Communications -141- FOREIGN GOVERNMENT COMMUNICATIONS -No.

20-18 - -No.

20-19 - -No.


20-20 - (dated 09/04/17 and received 10/12/17) – From H.E.

Gerardo Lozano Arredondo, Ambassador of Mexico to the Philippines, writing to request assistance to support the candidacy of Senator Gabriela Cuevas Barron to the post of President of the IPU for the next three years.

(dated 09/14/17 and received 10/23/17) – From the Hon.
Saber Chowdery, President of IPU then, informing about the Buenos Aires Session of the Parliamentary Conference on the WTO to be held at the premises of the National Congress of Argentina, 9-10 December 2017.
(dated 10/18/17 and received 10/27/17) – From former IPU President Saber H. Chowdery, concluding his tenure as President of IPU, congratulating the new President Madame Gabriela Cuevas Barron of Mexico as the IPU next President, and attaching the Presidential Declaration on the state of democracy in the world today.

-No.

20-21 - (dated 10/12/17 and received 10/30/17) – From the Hon.
Nguyen Thi Kim Ngan, President, National Assembly of Vietnam, sending an invitation for FSM Congress to attend the 26th Annual Meeting of the Asia-Pacific Parliamentary Forum, 18-21 January 2018 in Hanoi, Vietnam.

-142- 20th CONGRESS of the Federated States of Micronesia SECOND SPECIAL SESSION Miscellaneous Communications -143- MISCELLANEOUS COMMUNICATIONS -No.
20-10 - (dated 10/31/17 and received 11/01/17) – From Mr. Herman P. Semes, Sr., Interim President, FSM Alliance of NGOs (FANGO), soliciting the financial support.
-144- 20th CONGRESS of the Federated States of Micronesia SECOND SPECIAL SESSION Presidential Veto -145- Presidential Veto NONE -146- 20th CONGRESS of the Federated States of Micronesia SECOND SPECIAL SESSION FSM CONSTITUTION -147- 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.
-148- CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA (CONTINUED P.2) 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 -149- CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA (CONTINUED P.3) 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 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.
-150- CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA (CONTINUED P.4) 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.

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 -151- CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA (CONTINUED P.5) Section 1.

A citizen 18 years of age may vote in national elections.

The Congress shall prescribe a minimum period of local residence and provide for voter registration, disqualification for conviction of crime, and disqualification for mental incompetence or insanity.

Voting shall be secret.

ARTICLE VII Levels of Government Section 1.


The three levels of government in the Federated States of Micronesia are national, state, and local.

A state is not required to establish a new local government where none exists on the effective date of this Constitution.

Section 2.

A state shall have a democratic constitution.

ARTICLE VIII Powers of Government Section 1.


A power expressly delegated to the national government, or a power of such an indisputably national character as to be beyond the power of a state to control, is a national power.

Section 2.

A power not expressly delegated to the national government or prohibited to the states is a state power.

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; -152- CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA (CONTINUED P.6) (d) to impose taxes, duties, and tariffs based on imports; (e) to impose taxes on income; (f) to issue and regulate currency; (g) to regulate banking, foreign and interstate commerce, insurance, the issuance and use of commercial paper and securities, bankruptcy and insolvency, and patents and copyrights; (h) to regulate navigation and shipping except within lagoons, lakes, and rivers; (i) to establish usury limits on major loans; (j) to provide for a national postal system; (k) to acquire and govern new territory; (l) to govern the area set aside as the national capital; (m) to regulate the ownership, exploration, and exploitation of natural resources within the marine space of the Federated States of Micronesia beyond 12 miles from island baselines; (n) to establish and regulate a national public service system; (o) to impeach and remove the President, Vice-President, and justices of the Supreme Court; (p) to define national crimes and prescribe penalties, having due regard for local custom and tradition; (q) to override a Presidential veto by not less than a ¾ vote of all the state delegations, each delegation casting one vote; and (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; -153- CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA (CONTINUED P.7) (b) to borrow money on the public credit; and (c) to establish systems of social security and public welfare.

Section 4.
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.
Section 6.

Net revenue derived from ocean floor mineral resources exploited under Section 2(m) shall be divided equally between the national government and the appropriate state government.

Section 7.

The President, Vice-President, or a justice of the Supreme Court may be removed from office for treason, bribery, or conduct involving corruption in office by a 2/3 vote of the members of Congress.

When the President or Vice-President is removed, the Supreme Court shall review the decision.
When a justice of the Supreme Court is removed, the decision shall be reviewed by a special tribunal composed of one state court judge from each state appointed by the state chief executive.

The special tribunal shall meet at the call of the President.

Section 8.

The Congress consists of one member elected at large from each state on the basis of state equality, and additional members elected from congressional districts in each state apportioned by population.
Members elected on the basis of state equality serve for a 4-year term, and all other members for 2 years.

Each member has one vote, except on the final reading of bills.

Congressional elections are held biennially as provided by statute.

Section 9.
Section 9.

A person is ineligible to be a member of Congress unless he is at least 30 years of age on the day of election and has been a citizen of the Federated States of Micronesia for at least 15 years, and a resident of the state from which he is elected for at least 5 years.

A person convicted of a felony by a state or national government court is ineligible to be a member of Congress.
The Congress may modify this provision or prescribe additional qualifications; knowledge of the English language may not be a qualification.

Section 10.

At least every 10 years Congress shall reapportion itself.

A state is entitled to at least one member of Congress on the basis of population in addition to the member elected at large.

A state shall apportion itself by law into single member congressional districts.
Each -154- CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA (CONTINUED P.8) 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.
Section 15.

A member of Congress is privileged from arrest during his attendance at Congress and while going to and from sessions, except for treason, felony, or breach of the peace.

A member answers only to Congress for his statements in Congress.

Section 16.

The Congress shall meet in regular, public session as prescribed by statute.
A special session may be convened at the call of the President of the Federated States of Micronesia, or by the presiding officer on the written request of 2/3 of the members.

Section 17.

(a) The Congress shall be the sole judge of the elections and qualifications of its members, may discipline a member, and, by 2/3 vote, may suspend or expel a member.

(b) The Congress may determine its own rules of procedure and choose a presiding officer from among its members.
-155- CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA (CONTINUED P.9) (c) The Congress may compel the attendance and testimony of witnesses and the production of documents or other matters before Congress or any of its committees.

Section 18.

A majority of the members is a quorum, but a smaller number may adjourn from day to day and compel the attendance of absent members.

Section 19.

The Congress shall keep and publish a journal of its proceedings.
A roll call vote entered on the journal shall be taken at the request of 1/5 of the members present.

Legislative 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: -156- CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA (CONTINUED P.10) (a) to faithfully execute and implement the provisions of this Constitution and all national laws; (b) to receive all ambassadors and to conduct foreign affairs and the national defense in accordance with national law; (c) to grant pardons and reprieves, except that the chief executive of each state shall have this power concurrently with respect to persons convicted under state law; and (d) with the advice and consent of Congress, to appoint ambassadors; all judges of the Supreme Court and other courts prescribed by statute; the principal officers of executive departments in the national government; and such other officers as may be provided for by statute.
Ambassadors and principal officers serve at the pleasure of the President.

Section 3.

The President: (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.
-157- CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA (CONTINUED P.11) 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.

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, -158- CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA (CONTINUED P.12) 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.
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.
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 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; -159- CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA (CONTINUED P.13) (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.

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 -160- CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA (CONTINUED P.14) 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.

-161- CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA (CONTINUED P.15) 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.

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, -162- CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA (CONTINUED P.16) 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.

Section 4.
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.
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.
-163- 20th CONGRESS of the Federated States of Micronesia SECOND SPECIAL SESSION OFFICIAL RULES OF PROCEDURE -164- 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.
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.

-165- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

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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 -166- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

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19-25) call the roll.

Section 11.

Rules.

At the first session of the Congress of the Federated States of Micronesia, the temporary Speaker shall entertain a motion for the adoption of the Official Rules of Procedure of the Congress.
When properly adopted, the Rules shall govern the conduct of business at all sessions of the Congress held prior to convening the next Congress, provided that such Rules may be amended in accordance with Rule 15.

If any question of procedure arises which is not specified in these Rules, it shall be decided by the Speaker, subject to appeal to the Congress.
The Rules in force at the adjournment sine die of the last session of a Congress shall, until amended or changed, govern the organization of a new Congress.

Section 12.

Election of permanent officers.

(a) At the first session of each new Congress of the Federated States of Micronesia, the temporary Speaker shall thereupon conduct an election for a Speaker of the Congress.

Upon the election of such Speaker, the temporary Speaker shall thereupon relinquish the chair to the person so elected.
In all future proceedings, during all sessions of the Congress, the Speaker so elected shall preside.

(b) At the first session of each new Congress of the Federated States of Micronesia, the Speaker shall thereupon proceed to conduct an election for the Vice Speaker and the Floor Leader, who shall be Members of the Congress.

Upon their election, the Speaker shall proceed to conduct an election for the Clerk, who shall be a non-Member of the Congress.

Section 13.

Prayer on convening day.


Following the call to order, the temporary Speaker shall thereupon call for the opening prayer provided for in rule 2, section 2(d).

Section 14.

Notification of the President of the Federated States of Micronesia.
Following the election of the President and Vice President during those years when a President and Vice President are elected or after the organization of the Congress during those years when a President and Vice President are not elected, the Speaker shall appoint a committee of three members to advise the President that the Congress is organized.

The Congress shall stand in recess until the committee returns to report orally the accomplishment of its mission.

Section 15.

Election of the President.


(a) At the first regular session of each new Congress for which Members-at- large have been elected, the Members shall proceed to elect the President of the Federated States of Micronesia.

Any Member may nominate a Member elected to a term of four years to become the President.

When the nominations close, the secret balloting for President shall be taken.
The -167- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

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19-25) President shall be elected by a majority vote of all the Members.

(b) If no nominee receives such majority vote on the first ballot, the Speaker shall announce the names of the two nominees receiving the highest number of votes, and a second and any necessary subsequent ballots shall be taken until one of the two nominees receives the necessary majority vote.
(c) In the event of a tie for the highest number of votes, the balloting shall be repeated until candidates are eliminated by receiving fewer votes than the two candidates receiving the highest number of votes on a particular ballot.

Balloting shall continue until a candidate receives a majority vote of the membership.

(d) The Member elected as President shall retain his seat in the Congress until a vacancy has been declared after the election of the Vice President pursuant to section 17 of this rule.
Section 16.

Election of the Vice President.

(a) After the election of the President, the Members shall proceed to elect the Vice President of the Federated States of Micronesia.

Any Member may nominate a Member elected to a term of 4 years to become Vice President, except that the Member elected as President may not be nominated for Vice President.

When the nominations close, the balloting for Vice President shall be taken.

The Vice President shall be elected by a majority vote of all the members.
(b) If no nominee receives such majority vote on the first ballot, the procedures set forth in section 15, subsections (b) and (c), shall be followed until a Vice President is elected.

Section 17.

Declaration of vacancies.

After the Vice President has been elected, the Speaker shall declare vacancies in the seats occupied by the Members elected as President and Vice President.

RULE 2.

TERMS AND DUTIES OF OFFICERS.

Section 1.

Terms of office.


The Speaker, Vice Speaker, Floor Leader, Legislative Counsel and Chief Clerk may hold office until the next Congress of the Federated States of Micronesia is called to order, unless such tenure is terminated at an earlier date by death, resignation, election, or by action of the Congress.

The removal of the Speaker, Vice Speaker, or Floor Leader from office shall require a two-thirds affirmative vote of all Members.
The Chief Clerk and the Legislative Counsel may be removed by the Speaker, subject to appeal to the Congress.

Vacancies shall be filled in accordance with the procedure provided in rule 1, section 12.

-168- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

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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; (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.

-169- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

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19-25) 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) To draft bills and resolutions as needed or requested; (e) To advise the Congress of needed revisions to laws or bills to bring them into conformity with the Constitution of the Federated States of Micronesia and decisions of courts with jurisdiction in the Federated States of Micronesia; (f) To supervise the staff attorneys and researcher within the Office of the Legislative Counsel, as well as the operation of the Library through supervision of the librarians; and (g) To assume such other related or additional duties as the Congress or the Presiding Officer may assign.
Section 6.

Clerk.

It shall be the duty of the Clerk: (a) To attend the Congress every day it meets, unless excused by the Speaker; (b) To have charge of all the records of the Congress and to be responsible for the same and never permit original documents to be withdrawn from his keeping unless ordered by the Speaker; (c) To make a concise and complete memorandum of all petitions, motions, -170- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

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19-25) 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) To attend the daily sessions of the Congress unless excused by the Speaker; (b) (c) To maintain order among those present as spectators; To give notice to the Presiding Officer of the attendance of any person with communications; (d) To attend committee meetings if so requested; (e) (f) To serve all orders or process as directed by the Speaker; To make all required arrests of Members or other persons and to restrain -171- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.
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19-25) the same in custody; (g) To disallow anyone from entering the floor of the Congress except the Members, authorized employees, and official guests of the Congress; and (h) To execute all other duties and requirements of his office.

RULE 3.

QUORUM AND ATTENDANCE.

A majority of the Members shall constitute a quorum for the transaction of business.

A majority of less than a quorum shall have the power to compel the attendance of absent Members and to adjourn from day to day.
For the opening day of session, at least one Member from each of the four States shall be included in the initial quorum unless sufficient notice was given to permit the attendance of the Members absent and they do not answer to the quorum count.

The Speaker may declare the Congress adjourned if no quorum is present at the hour of opening.

For purposes of ascertaining whether a quorum exists, the Speaker shall count the Members present.
During a meeting of the Congress, any Member may call upon the Speaker to determine whether a quorum exists or not, and the Speaker shall so determine and announce his finding.

A Member shall not be absent unless he has leave of the Speaker, subject to appeal to the Congress.

The name of a Member not present to answer to a quorum count, and not excused by the Speaker, shall be noted on the Journal as absent.

RULE 4.

PROCEDURE AND SESSIONS.

Section 1.

Public sessions.


Sessions of the Congress of the Federated States of Micronesia shall be open to the public.

Section 2.

Language of proceedings.

All legislative proceedings shall be conducted in English, provided that a Member lacking fluency in English may use his own language and the Congress shall provide translation.

Section 3.

Sitting in or entering the Chamber.

No Member shall sit at the desk of the Speaker or of another Member or of the Clerk, except by permission of the Speaker.
A person who is not a Member of the Congress, an official interpreter, or an employee of the Congress shall not enter upon the floor during a session except at the invitation or with the permission of the Speaker.

Section 4.

Communications media.

Members of the press and other representatives of the public communications media desiring to report the proceedings of the Congress to the public may be admitted to the Congress by the Speaker.
The Speaker may assign such person a place and facilities which will not interfere with the operations of the Congress.

-172- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

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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.

-173- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

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19-25) Section 11.


Disorderly manner of Members.

If any Member shall conduct himself in a disorderly manner during any session of the Congress, the Speaker shall order such Member to keep his seat and preserve the peace.

If the Member shall persist in his disorderly conduct, the Speaker shall order the Sergeant at Arms to remove the Member from the Chamber.

The Member shall not be permitted to take his seat during the remainder of that day’s session unless the Speaker shall so permit.

Section 12.
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.
RULE 5.

ORDER OF BUSINESS.

Section 1.

Order of business.
(a) Call to Order; (b) Moment of Silent Prayer; (c) Roll Call; (d) Reading of the Journal; (e) (f) Presidential Communications; FSM Supreme Court Communications; (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; -174- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.
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19-25) (s) Introduction of Bills and Resolutions; (t) Miscellaneous Communications; (u) Miscellaneous Business; (v) Announcements; (w) Recess.

Section 2.

Change in order of business.

The Congress may by previous motion direct that any matter named shall be made a special order of business and that such special order shall take precedence over all other business after the fifth order, or such lesser position on the order as the motion shall prescribe.

RULE 6.

COMMITTEES GENERALLY.

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 -175- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

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19-25) and careful inquiry and investigation into all of the facts and circumstances connected with any bill, resolution, or matter referred to it, or any needed revision of the laws or needed legislation relating to a subject within its jurisdiction.

Section 5.

Structure of committees.

(a) Subcommittees may be created within standing committees to facilitate the work of the standing committees.
The members of the committee shall decide whether or not a subcommittee needs to be created, and which subjects the subcommittee will have jurisdiction over.

Each subcommittee shall have at least three members, including a chairman and a vice chairman.

The members of the subcommittee shall be chosen by the members of the committee.

The chairman and vice chairman of the subcommittee shall be chosen by the members of each subcommittee.
(b) Subcommittees shall submit their reports in writing to the chairman of the standing committee.

(c) Apart from the requirements of subsections (a) and (b) above, the rules applicable to committees apply with equal force to subcommittees of standing committees.

Section 6.

Meetings.

(a) Meetings of the committees, including the Committee of the Whole, shall be open to the public unless a majority of the members thereof determine otherwise.
No committee 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.

-176- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

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Chairman and vice chairman.


(a) The chairman of each standing committee or special committee, and the chairman for each continuous session of the Committee of the Whole, shall be appointed by the Speaker, subject to appeal to the Congress.

A vice chairman shall be chosen by the members of each standing committee.
(b) The chairman of each committee shall call meetings, preside at committee meetings, prepare and post the agenda, invite witnesses to appear before the committee, and prepare committee reports subject to the requirements of the Rules.

The vice chairman shall perform the duties of the chairman in his absence.

(c) A Member of Congress who serves as a chairman of a standing committee may not serve as a chairman or vice chairman of another standing committee.
The Speaker, Vice Speaker and Floor Leader may not serve as a chairman or vice chairman of any standing committee.

Section 9.

Committee reports.

(a) Special committees shall report within the time allowed by the Speaker.

Standing and special committees shall submit their reports in writing to the Clerk who shall number the reports consecutively in the order received, cause such reports to be reproduced, and furnish a copy to each Member of the Congress.
A committee report shall state findings of fact and conclusions based thereon together with a specific recommendation as to the manner in which the bill, resolution, or other matter referred to the committee should be disposed of by the Congress.

A report recommending a bill for passage shall clearly state the purpose of the bill and the intent of the legislation.
A report upon a bill shall state clearly any proposed amendments thereto, and a copy of the bill as proposed to be amended by the committee shall be attached thereto.

(b) A report shall be considered adopted by a committee when a majority of the members of the committee has signed the report concurring therein.

A member or members not 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 -177- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

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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.
(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 -178- 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 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 internal regulation; and manpower development; agriculture, forestry, labor and -179- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.
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19-25) fisheries development; exploitation of land-based mineral resources; land management, industries, and public utilities; interstate trade and commerce; intellectual property rights; regulation and management of ownership, exploitation, and exploration of mineral or natural resources within marine space of the Federated States of Micronesia beyond 12 nautical miles from baselines; and other related subjects, including Presidential nominations submitted to the Speaker which require the advice and consent of Congress.
It shall be the duty of this committee to consider, investigate, and recommend to the Congress any needed revisions of existing laws or new legislation relating to any subject matter within its jurisdiction.

(b) This committee shall be responsible for reviewing specific subjects in the budget of the President, and all supplementals thereto, which make a request for an appropriation, which relates to a subject matter within its jurisdiction.
Pursuant to its review the committee shall recommend whether the matters referred to it, or portions thereof, will be authorized, and if so, in what amount.

Following its review the committee shall promptly report its recommendation to the Congress.
Those subjects which fall within the jurisdiction of this committee include, but are not limited to, the following: 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.

(a) Education.

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 -180- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

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19-25) (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.
Section 4.

Judiciary and Governmental Operations.

(a) The Committee on Judiciary and Governmental Operations shall consist of not more than seven members with at least one member from each of the four States.
It shall be the duty of this committee to consider and report on all bills, resolutions, and other matters referred to it pertaining to civil and criminal laws; immigration; judicial administration and organization; land laws and traditional rights; suffrage and National elections; proposed revisions of statutes; governmental organization, structure, or functions; civil service; patents and copyright; insurance, securities, and insolvencies; bankruptcy; postal service and functions; National Capital administration and management; constitutional amendments; judicial appointments; Presidential impeachment or judicial removal; suspension or expulsion of Members of the Congress; and other related subjects, including Presidential nominations submitted to the Speaker which require the advice and consent of Congress.
It shall be the duty of this committee to consider, investigate, and recommend to the Congress any needed revisions of existing laws or new legislation relating to any subject matter within its jurisdiction.

(b) This committee shall be responsible for reviewing specific subjects in the 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.
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, -181- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

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19-25) 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 Following its review the committee shall promptly report its so, in what amount.

recommendation to the Congress.


Those subjects which fall within the jurisdiction of this committee include, but are not limited to, the following: (i) (ii) (iii) (iv) Department of Foreign Affairs; United Nations Economic & Social Commission for Asia and the Pacific; 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 -182- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

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Pursuant to its review the committee shall recommend whether the matters referred to it, or portions thereof, will be authorized, and if so, in what amount.

Following its review the committee shall promptly report its recommendation to the Congress.
Those subjects which fall within the jurisdiction of this committee include, but are not limited to, the following: (i) Department of Transportation, Communication and Infrastructure; and (ii) Telecommunications Corporation.

Section 7.

Health and Social Affairs.

(a) The Committee on Health and Social Affairs shall consist of not more than seven members with at least one member from each of the four States.
It shall be the duty of this committee to consider and report on all bills, resolutions, and other matters referred to it pertaining to the preservation of the physical and natural environment; physical and mental health of the general public; public welfare; social security and general well-being of the people of the Federated States of Micronesia; and other related subjects, including Presidential nominations submitted to the Speaker which require the advice and consent of Congress.
It shall be the duty of this committee to consider, investigate, and recommend to the Congress any needed revisions of existing laws or new legislation relating to any subject matter within its jurisdiction.

(b) This committee shall be responsible for reviewing specific subjects in the budget of the President, and all supplemental requests thereto, which make a request for an appropriation that relates to a subject matter within its jurisdiction.
Pursuant to its review the committee shall recommend whether the matters referred to it, or portions thereof, will be authorized, and if so, in what amount.

Following its review the committee shall promptly report its recommendation to the Congress.
Those subjects that fall within the jurisdiction of this committee include, but are not limited to, the following: (i) Department of Health and Social Affairs; (ii) Office of National Archives, Culture and Historic Preservation; (iii) Office of Gender Development and Women Affairs; and (iv) Office of Youth and Sports.

RULE 8.

BILLS, RESOLUTIONS, AND AMENDMENTS.

Section 1.

Property of the Congress.


All bills or resolutions introduced in the -183- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

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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) (c) Embrace but one subject which subject shall be expressed in the title; and 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.
Section 6.

Deadlines for introduction and calendaring of bills and resolutions.

-184- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

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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 -185- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

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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.
-186- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

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(e) A resolution upon the Resolution Calendar shall be read by title.
A majority of the Members present may request a reading of a resolution at length.

Section 10.

Amendments.

Amendments to bills or resolutions may be offered on the floor of the Congress by any Member, provided that the proposed amendment is in writing.

Such amendment shall be read by the Clerk.


Unless the amendment is a corrective or technical amendment, making no substantive change, the entire bill or the page or pages affected, as the Speaker shall direct, shall be reduplicated and distributed to the Members prior to the next reading of the bill.

Amendments to bills offered on the floor which are substantive and not merely corrective or technical, shall only be offered before first reading of a bill.
Amendments to bills offered on the floor which are corrective or technical, making no substantive change to the bill, 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 -187- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

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The bill may be withdrawn from the committee by majority vote of the Members of Congress present, a quorum being present, at any time subsequent to such referral to the committee notwithstanding the time periods established in rule 6, section 11.

Overriding requires an affirmative vote by at least three State delegations, such vote to be conducted according to rule 10, section 12.
If a bill that was disapproved by the President is overridden by the Congress, the Clerk shall transmit the bill to the President under the certification of the Speaker.

RULE 9.

MOTIONS.

Section 1.

Seconding.

No motion shall be considered by the Congress until it has been seconded.

This requirement shall not apply to points of privilege, information, or order, or to requests to withdraw a motion.

Section 2.

Property of the Congress.


After a motion is stated by the Speaker or read by the Clerk, it shall be the property of Congress and shall be disposed of by the Congress unless withdrawn as provided in this rule.

Section 3.

Main and subsidiary motions.

A Member of Congress may be the mover of a main motion at the time provided for in the order of business; which main motion shall have as its purpose the carrying out of the business of the Congress.
Whenever any main motion shall be under discussion, the only subsidiary motions relative thereto which shall be entertained are: (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.

-188- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

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19-25) (a) A Member of Congress may be the mover of a privileged motion at any time such a motion is appropriate to the order of business.
A privileged motion shall take precedence over main and subsidiary motions and shall be disposed of before the Congress proceeds with other business.

(b) A Member may raise a point of privilege concerning a matter which relates to him as a Member of the Congress or which relates to the privileges or welfare of the Congress.

When a Member raises a point of privilege, the Speaker shall interrupt the proceedings of the Congress and ask the Member to state his point.

The point shall not be debatable.


(c) A Member may move to recess for or to a specific time, or at the call of the Chair.

The motion to recess shall be decided without debate and shall be put to vote as soon as made.

The Speaker may recess the Congress for or to a specific time or at the call of the Chair, subject to appeal to the Congress.

(d) A Member may move to adjourn, and such a motion shall take precedence over all other motions.
The motion shall be decided without debate and shall be put to vote as soon as made, provided that the motion to adjourn to a specified time or sine die shall be subject to debate and amendment.

If the motion to adjourn is adopted, action on the question before the Congress shall be discontinued and shall be considered on the next meeting day during the regular order of business.
If the motion to adjourn is defeated, such a motion shall not again be in order until the disposal of the new question before the Congress.

The Speaker may adjourn the Congress for or to a specific time or to the time provided in rule 1, section 4, subject to appeal to the Congress.

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 -189- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

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The point of order shall not be debatable and shall be ruled upon by the Speaker as soon as raised, subject to appeal to the Congress.

If the ruling of the Speaker is appealed, the Member raising the point of order and the Speaker shall each be allowed five minutes to explain his position or ruling.

(d) A Member may move to withdraw his motion.


When a Member moves to withdraw his motion, the Speaker shall interrupt the proceedings and permit the motion to be withdrawn if there has been no decision on or amendment to the motion as of the time the Member requests withdrawal of his motion.
(e) A Member may move for division of question when he finds two or more specific subjects within the same general subject of a bill or resolution before the Congress and desires that each such specific subject be considered and voted on separately.

When a Member moves for division of the question, the Speaker shall interrupt the proceedings and permit the Member to make his motion, which motion shall specify the specific subjects to be considered and voted on separately.
The motion shall be decided without debate and shall be put to vote as soon as made.

If the motion for division of the question is adopted, for final passage or adoption, the bill or resolution, as amended, shall be considered and voted on as a single entity as provided in these Rules.

(f) A Member may move for a call of the Congress at any time that he desires all present Members to remain on the floor and all absent Members to be required to attend the session.
When a Member moves for a call of the Congress, the Speaker shall interrupt the proceedings and permit the mover to make his motion.

The motion shall be decided without debate and be put to vote as soon as made.

The motion, if adopted, shall remain in effect until adjournment or the call of the Congress is removed by action of the Speaker, subject to appeal to the Congress.

The Speaker may order a call of the Congress, subject to appeal to the Congress.
(g) A Member may move to remove a bill or resolution from the table at an appropriate time in the order of business of the Congress.

The motion shall be decided without debate and shall be put to vote as soon as made.

(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 -190- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

No.
No.

19-25) 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 question before the Congress for a vote.

Section 1.

Methods of voting.

There shall be four methods of voting: RULE 10.

VOTING.

(a) By voice vote; (b) By the raising of hands; (c) By secret ballot; and -191- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

No.
No.

19-25) (d) By call of the roll of the Members and recording of the vote of each Member by the Clerk.

Section 2.

Choice of method of voting.

The Speaker may designate the method of voting to be followed by the Congress in determining a question, subject to the provisions of this rule.

Section 3.

Voice vote.

Voice vote shall be the usual and ordinary method of voting in the Congress.

Whenever the Congress shall be ready to vote on any question, the Speaker shall state the question.
He shall then request all those in favor of the motion to vote “Aye” in a clear, loud voice.

The Speaker shall then request all those opposed to the motion to vote “No” in a clear, loud voice.

The Speaker shall then announce the results of the vote to the Congress.

Section 4.

Raising of hands.

If the Speaker so determines, the vote shall be by the raising of hands.

The Speaker shall state the question.

He shall then call upon those in favor of the motion to raise their right hands.
The Clerk shall count the number of hands raised and report to the Speaker.

The Speaker shall then call upon those opposed to the motion to raise their right hands.

The Clerk shall count the number of hands raised and report to the Speaker.

Section 5.

Secret ballot.

If three Members shall request a vote by secret ballot, the Speaker shall conduct such a vote, provided that at the time of such request, a roll call vote is not required or has not been requested.
The Clerk shall distribute ballots to the Members, restate the question, and instruct those in favor of the motion to write “Yes” on their ballots and those opposed to write “No.” If a Member writes “Abstain” or makes any other mark on his ballot other than “Yes” or “No,” it shall be recorded as if he had written “Yes.” The Clerk shall collect and tally the ballots and report the results thereof to the Speaker who shall announce the results of the vote to the Congress.
The ballots shall be available during the remainder of that day’s session for inspection by any Member.

Section 6.

Call of the roll.

If one-fifth of the Members present shall request a call of the roll or if such a call is required by these Rules or the applicable provisions of law, then the Speaker shall announce a call of the roll.
The Speaker shall state the question calling upon those in favor of the motion to respond “Aye” when their names are called and those opposed to respond “No” when their names are called.

The Clerk shall call the roll, recording the vote of each Member in the Journal.

He shall inform the Speaker of the results of the call of the roll who shall, in turn, announce the results of the vote to the Congress.

Section 7.

Nonvoting.


No Member present in the Congress shall refrain from voting unless excused in accordance with section 8 of this rule.

A Member who is present who fails to respond to the call of his name upon a call of the roll shall be individually instructed by the -192- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

No.
No.

19-25) 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 -193- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

No.

19-25) vote upon a vote when voting to override a Presidential veto.

An affirmative vote of three States is required to override a veto.

The procedures for casting delegation votes set forth in rule 10, section 12, shall be followed.

Section 14.

Other votes.


(a) Approval of the following advice and consent nominations require a two- thirds vote of all Congress Members: (i) Approval of Presidential appointment of a Justice of the Supreme Court; (ii) Approval of Presidential appointment of an ambassador; (iii) Approval of Presidential appointment of principal officers in the National Government; and (iv) Approval of Presidential appointment of the Public Auditor.
(b) The following actions may be taken by a vote of at least two-thirds of the Members of Congress: Ratification of a treaty; (i) (ii) Removal of the President, Vice President, or a justice of the involving treason, bribery, or conduct Supreme Court for 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 2.

3.

4.

Second Reading of bill Three State delegations Overriding veto Three State delegations -194- Rule 3 10, section 11 10, section 12 10, section 13 5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

No.

21.

22.

23.

24.

25.


Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

No.
19-25) 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 Ten Members 1, section 15; 1, section 16 2, section 1 4, section 12 10, section 14 Consent to appointment of ambassadors, principal executive officers, and the Public Auditor Approval of appointment of Supreme Court Justices 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 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 -195- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

No.

19-25) 26.

27.

28.


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.

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 -196- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

No.

19-25) contempt of the Congress.

RULE 12.

ADMINISTRATION.

Section 1.

Attendance.


The Speaker shall certify the attendance of Members at a session or upon official legislative business when the Congress is not in session for the purpose of establishing entitlement to per diem or other allowances.

Section 2.

Employees.

Employees of the Congress shall be appointed pursuant to law and the CFSM Administrative Manual.

Section 3.

Papers of the Congress.


At the end of each session all measures, petitions, and other papers referred to committees of the Congress shall be delivered by the chairmen thereof to the Clerk, together with all recorded evidence taken by such committees and documents and other pages submitted to them.

The Clerk shall report any failures to comply with this rule to the Speaker.

Section 4.

Confidential documents.


The Speaker may declare any document or other paper which is the property of the Congress to be confidential, subject to an appeal to the Congress.

If a document or other paper is declared confidential, the Clerk shall mark such document or other paper confidential and distribute it only to Members of the Congress and persons authorized by the Speaker to view such confidential document or other paper, and to no other persons.
No Member or other person shall show or distribute such confidential document or other paper to any person not authorized to view it.

RULE 13.

THE JOURNAL.

Section 1.

Maintaining the Journal.

The Congress shall keep a Journal of its proceedings in English and shall compile and publish the Journal for each session of the Congress.
The Journal of the session shall include the journals of the day compiled by the Clerk as defined in rule 2, section 5(c), the Official Rules of Procedure of the Congress, and the statements of Members 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 -197- Nineteenth Congress of the Federated States of Micronesia OFFICIAL RULES OF PROCEDURE (As amended by C.R.

No.
No.

19-25) read the following day and shall be corrected and/or approved by vote of the Congress, provided that the Speaker shall correct and/or approve the journal of the last day of a session.

The Congress, by majority vote of the Members present, may dispense with such reading.
Subsequent to the approval of the journal of the day, the Clerk, with the permission of the Speaker, may make non-substantive corrections therein, including such matters as spelling of words and grammatical construction of sentences.

Section 3.

Appending explanations to the Journal.

Each Member shall have the right to append to the journal of the day a statement explaining his vote on any matter being voted upon that day, including his vote on a bill on First Reading or Second Reading.
Such a statement or statements shall not exceed in total 300 words in a single day and shall be submitted to the Clerk on the day in which the action occurs.

The statement may be in English or in both English and the native language of the Member or of his constituents.

RULE 14.

SPECIAL SESSIONS.

For the purposes of rule 8 of these Rules, special sessions of the Congress of the Federated States of Micronesia shall be treated as regular sessions.
Bills and resolutions introduced during a special session shall be numbered consecutively, starting with the number following the last number used in the last preceding session of the Congress for such bills or resolutions.

At any session, including a special session, all measures shall retain the status which they had at the close of the last preceding session of a Congress, until acted upon during such session.
It shall not be necessary to repeat any step in the legislative procedure already accomplished in any previous session of the same Congress.

RULE 15.

AMENDMENT OF THE RULES.

The Official Rules of Procedure of the Congress shall not be amended in any way or manner without a day’s notice being given of the motion to amend the Rules by the Member proposing to do so.
The giving of notice shall consist of: (a) (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.

-198- 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 -199- 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 -200- 20th CONGRESS of the Federated States of Micronesia SECOND SPECIAL SESSION INDEX OF LEGISLATION -201- I N D E X CONGRESSIONAL BILLS Twentieth Congress of the Federated States of Micronesia [SECOND SPECIAL SESSION – 2017] CB No.

Short Title as Introduced SCR No.

Page No.

C.B.No.
Page No.

C.B.No.

20-30 C.B.No.

20-92 C.B.

No.

20-97 C.B.

No.

20-98 C.B.No.

20-99 C.B.No 20-100 C.B.No.

20-101 To appropriate the sum of $725,000 from the General Fund of the Federated States of Micronesia for the fiscal year ending September 30, 2017, in order to pay for the expenses incurred, or which will be incurred, in connection with the grounding of Pingda 7, and for other purposes.
(Requested by Harper) To amend section 605 of title 9 of the code of the Federated States of Micronesia (Annotated), to create a new special polling place located outside of the Federated States of Microensia, and for other purposes.

(Neth) To establish the Office of Administrative Services under the Executive Branch, by amending sections 203 and 204 of title 2 of the Code of the Federated States of Micronesia (Annotated), and section 122 of title 52 FSM Code, and for other purposes.
(Requested by Harper) To amend section 103 of the Title 50 of the Code of the Federated States of Micronesia (Annotated), as amended, to prohibit issuance of entry permits to spauses and dependents of any noncitizen’s principal, except for spouses and dependents of a noncitizen principal on government employment contracts and for other purposes.
(Requested by Harper) To further amend title 54 of the code of the Federated States of Micronesia (Annotated), as amended, by amending sections 212, 221, 222 and 805 thereof, to increase the import duty of alcohol, wine, sugar-sweetened beverages, and food products with high sodium content, and to require ten percent of net tax collected from such increase to deposited in the health revolving fund, and for other purposes.
(Requested by Harper) To further amend title 55 of the code of the Federated States of Micronesia (annotated) as amended, by adding new sections 1613 through 1619 to establish the health revolving fund, and for other purposes.

(Requested by Harper) To appropriate the sum of $7,561,165 from the General Fund of the Federated States of Micronesia for the Fiscal Year ending September 30, 2018, to pay for the outstanding balances in connection with the fiber optic cable project; and for other purposes.
(Taken care of in C.B.

No.

20-103, CD2).

(Requested by Harper) -202- 27 7 8 20, 30 20, 31 20, 31 C.B.

No.

C.B.No.

20-102 C.B.No.

20-103, CD2 C.B.No.

20-104 C.B.

No.

20-105 C.B.

No.

20-106 C.B.

No.

20-107 C.B.No 20-108, CD1 C.B.

No.

20-109 C.B.

No.

20-110 Short Title as Introduced (continued Bills 20FSMC.2SS pg.

2) To further amend Public Law No.

19-10, as amended by Public Laws Nos.


19-26, 19-42, 19-5, 19-56, 19-72, 19-78, 19-96, 19- 132, 19-163, 20-03 AND 20-25, by amending section 3 thereof, to change the use of funds previously appropriated therein, for the purpose of fudning Public projects and social programs in the state of Kosrae, and for other purposes.

(Alik) To amend sections 1, 8, and 9 of Public Law No.
20-42 by appropriating $9,33,000 from the General Fund of the Federated States of Microneisa for the Fiscal Year ending September 30, 2018, to provide funding for the set-up and operations costs of a Consulate on the West Coast of the Unites States, for the FSM Trust Fund, and for Telecommunications cable project; to make a technical correction, and for other purposes.

(Panuelo) To further amend Public Law No.

19-121, as amended by Public Laws Nos.


19-130, 19-142, 19-145, 19-158, 20-09 and 20-22, by amending section 5 thereof, to change the use of funds previously appropriated therein for the purpose of tunding public projects and social programs for the people of the state of Chuuk, and for other purposes.
(Konman) To appropriate $7,893,977 of supplemental funding from the General Funds of the Federated States of Micronesia for the Fiscal Year ending September 30, 2018 amending sections 1, 2 and 9 of Public Law No.

20-42, and for other purposes.

(Requested by Harper).

To amend Public Law No.


20-53, by amending sections 2, 3, and 5 thereof, to change the use and allottee of funds previously appropriated therein for the purpose of funding priority infrastructure projects and other projects and programs in the states of Kosrae and Pohnpei, and for other purposes.

(Welly) To further amend Public Law No.

19-54, as amended by Public Laws Nos.


19-67, 19-75, 19-79, 19-99, 19-119, 19-129, 19-136, 19-114, 19-173, and 20-04, by amending section 5 thereof, to change the use of funds previously appropriated therein, to fund public projects and social programs in the state of Chuuk and for other purposes.
(Konman) To appropriate the sum of 4,450,000 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.

(Welly) To further amend Public Law No.

18-111, as amended by Public Laws Nos.


18-44, 18-81, 19-33, 19-106, 19-128, 19-134, 19-138, 20-11 and 20-49, by amending section 1 thereof, to change the use of funds previously appropriated for public projects and social programs in the state of Pohnpei and for other pruposes.

(Moses) To name the FSM Trust Fund as the David W. Panuelo Trust Fund and for other purposes.

-203- SCR No.

Page No.


11/01/17 viii, 31, 45, 51, 67, 90 10/30/17 viii, 27, 31, 45, 48 11/01/17 viii, 45, 51, 53, 67, 92 viii, 45, 53 11/01/17 viii, 45, 49, 53, 85,-89 11/01/17 viii, 52, 54, 62, 6, 92 50, 54, 62, 67, 93 11/02/17 viii, 62, 68, 74, 99 I N D E X CONGRESSIONAL RESOLUTIONS Twientieth Congress of the Federated States of Micronesia [Second Special Session - 2017] C.R.

No.

Short Title as Introduced C.R.

No.


20-46 To confirm the nomination of Ms. Alissa R. Takesy to serve as a member of the National Scholarship Board repreesnding the National Government of the Federated States of Micronesia.

(Requested by Harper) SCR No.

Page No.

SCR No.

20-35 (EDUC) 9/28/1 ix, 30 C.R.No 20-51 C.R.

No.

20-52 C.R.

No.

20-53 C.R.No.

20-54 C.R.

No.


20-55 Approving and accepting a grant of $9,000,000 frin tge Secretariat of the Pacific Regional Environment Program (SPREP), for the purpose of funding project entitled, “Enhancing the Climate Change Reselience of Vulnerable Island Communities in the Federated States of Micronesia” including all the terms and conditions of the assistance.
(Requested by Harper) To confirm the nomination of Mr. Alfred Ansin to serve as a member on the Board of Directors for Caroline Island Air (CIA), representing the state of Chuuk.
(Requested by Harper) Approving and accepting a grant from the International Bank of Reconstruction and Development (World Bank) in the amount of Special Drawing Rights (SDR) $12,000,000 as additional funding, to fund the FSM Connectivity Project Investment in a regional cable system to connect fiber optic cable to the state of Kosrae, including all the terms and conditions of the assistance.
(Requested by Harper) Approving and accepting a grant in the amount of $665,810 from the U.S. Department of Health and Human Services, Substance Abuse and Mental Health service Administration, to provide funding for prevention and treatment services related to substance abuse for the Budget period from October 01, 2016 to September 30, including all the terms and conditions of the assistance.
(Requested by Harper) Approving and accepting a grant in the amount of $647,309 from the U.S. Deparment of Health and Human Services, Substance Abuse and Mental Health Services Administration, to fund the FSM Strategic Prevention Framework Partnership for success (SPF-PFS) (Requested by Harper).

8 W/Placed 11/01/17 ix, 8 8 8 SCR No.

20-39 (H&SA) 11/01/17 ix, 20, 31, 100 C.R.

No.


20-56 To confirm the nomination of Mr. Andrew Robert Yatilman to serve as the secretary of the Deparment of Environement, Climate Change and Emergency Management of the Federated States of Micronesia.

(Requested by Harper) SCR No.

20-06 (SCOCC&EI) 11/01/17 ix, 20, 32, 39 C.R.

No.


20-57 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 September30, 2018.

(Figir) ix, 26, 32, 47 -204- C.R.

No.

C.R.

No.

20-58 C.R.

No.

20-59 Short Title as Introduced (continued pg.


2) Approving and accepting a grant in the amount of $800,000 from the Government of the People’s Republic of China, to subsidize the newly launched airline between the FSM and Papua New Quinea, including all the terms and conditions of the assistance.
(Requested by Harper) Approving and accepting a grant from her majesty the Queen in the Right of Canada, through the Department of Foreign Affairs, Trade, and Development (DFATD) in the amount of CAD$98,500, to fund and support the FSM’s project entitled, “Strengthening the FSM Institutions that promote Gender Equality and CEDAW awareness raising to the relevant stakeholders and partner agencies in the Federated States of Micronesia”, including all the terms and conditions of the assistance.
(Requested by Harper).

C.R.

No.

20-60 To confirm the nomination of Mr. Alexander R. Narruhn to serve as a member of the Board of Trustees of the FSM Trust Fund of the Federated States of Micronesia.

Represending the National Government.

(Requested by Harper) C.R.No 20-61 C.R.No.

20-62 C.R.

No.

20-63 C.R.

No.


20-64 Approving and accepting the small scale grant adi project from the Korea International Cooperation Agency, in the amount of $200,000, to assist in the improvement of the state of Kosrae, including all the terms and conditions of the assistance.
(Requested by Harper) To ratify the agreement between the Government of the Federated States of Micronesia and the Government of the Russian Federation on the Mutal Waiver of Visa Requirements (The “Agrement”) (Requested by Harper) Approving and accepting a grant in the amount of $3,032,657 from the U.S. Deparment of Education for the Federal Fiscal Year 2018 fund under part B of the Individual with Disabilities Education Act, indcluding all the terms and conditions of the assistance.
(Requested by Harper) Approving and accepting a grant in the amount of $100, 064 from the U.S. Deparment of Health and Prevention, to fund the PPHF 2017 Preventive Health and Health Services Block Grant, for the Bugdet period from October1, 2016, to September 30, 2018, including all the terms and conditions of the assistance.

(Harper by request).

Page No.

47, 54 SCR No.

SCR.No.

20-47 (T&C) 12/13/17 SCR.

No.

20-40 (H&SA) 11/03/17 xi, 62, 75, 100 62, 75 xi, 75, 83 75, 83 75, 83 SCR No.
20-41 (H&SA) 11/03/17 xi, 76, 84, 101 -205-