Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698831987063.pdf (Micronesia, Federated States of)
TWENTY-FIRST CONGRESS OF THE FEDERATED STATES OF MICRONESIA SEVENTH SPECIAL SESSION, 2020 C.B.

NO.
21-275 A BILL FOR AN ACT To amend chapter 7 of title 6 of the Code of the Federated States of Micronesia (Annotated), by creating subchapters I and II under chapter 7, in order to set out substantive and procedural rules prohibiting punitive damages from being awarded against the National Government, providing legal protection to officials and employees of the National Government acting within the scope of public duties and employment, requiring the Department of Justice to provide legal representation to the National Government and its employees, including in reference to their actions and omissions that may have been done in connection with a national emergency declaration, and for other purposes.
BE IT ENACTED BY THE CONGRESS OF THE FEDERATED STATES OF MICRONESIA: 1 Section 1.

Chapter 7 of title 6 of the Code of the Federated 2 States of Micronesia (Annotated), is hereby amended by creating a 3 new subchapter I of chapter 6, entitled, “General Provisions”.

4 The existing sections 701, 702, 703, 704, 705, 706, and 707 of 5 title 7 shall comprise subchapter I of chapter 7.

6 Section 2.
6 Section 2.

Chapter 7 of title 6 of the Code of the Federated 7 States of Micronesia (Annotated) is hereby amended by creating a 8 new subchapter II under chapter 7, entitled, “Substantive and 9 Procedural Rules”.

10 Section 3.

Chapter 7 of title 6 of the Code of the Federated 11 States of Micronesia (Annotated), is hereby amended by inserting a 12 new section 708 under subchapter II to read as follows: 13 14 15 “Section 708.
No punitive damages may be awarded against the National Government in any civil action brought against it.” CBL 21-287/PC #21-369 ______________________________________________________________________ ______________________________________________________________________ C.B.

NO.

21-275 1 Section 4.


Chapter 7 of title 6 of the Code of the 2 Federated States of Micronesia (Annotated), is hereby amended 3 by inserting a new section 709 under subchapter II to read as 4 follows: “Section 709.
(a) An official or employee of the National Government of the Federated States of Micronesia acting within the scope of public duties or employment, and regardless of whether he or she is being sued in the official or personal capacity, shall not be held civilly liable for official acts performed or omissions made in connection with such public duties or employment.
(b) The Secretary of Justice, or his or her assistant attorneys, shall provide for the defense, including the defense of crossclaims and counterclaims, of any officials or employees in any civil action brought against them, during their employment or thereafter, based on any alleged act or omission relating to their public duties or employment, if: (1) Within 20 days after service of a copy of the summons and complaint or other legal document commencing the action, they submit a written request to the Secretary of Justice for their defense; PROVIDED THAT, the Secretary of Justice shall accept later requests for defense upon a showing of good cause; and 2 of 6 ______________________________________________________________________ ______________________________________________________________________ C.B.
NO.

21-275 (2) The Secretary of Justice has determined that the act or omission on which the action taken is based appears to be within the scope of public duty or employment and appears to have been performed or omitted in good faith.” Section 5.

Chapter 7 of title 6 of the Code of the 7 Federated States of Micronesia (Annotated), is hereby amended 8 by inserting a new section 710 under subchapter II to read as 9 follows: “Section 710.
During a national emergency declared by the President of the Federated States of Micronesia, regardless of whether or not it is amended or extended by the Congress, no civil damages may be awarded by reason of personal injury, damage to property, lost profit or business opportunity, and other causes of action of civil nature, against the National Government, or against its agencies, departments, branches or offices, or against any national officials or employees, when sued in their official or personal capacities in connection with or by reason of, the implementation of the emergency declaration or any decree, implementing order, protocols, regulation or guidelines issued pursuant to the emergency.
Neither shall a criminal action be allowed against national officials and employees for 3 of 6 ______________________________________________________________________ ______________________________________________________________________ C.B.

NO.

21-275 1 2 3 4 any action or omission on their part done in good faith in order to carry out the emergency declaration.” Section 6.
Chapter 7 of title 6 of the Code of the 5 Federated States of Micronesia (Annotated), is hereby amended 6 by inserting a new section 711 under subchapter II to read as 7 follows: “Section 711.
(1) No action arising out of an act or omission within the scope of his or her public duties or employment may be brought against any employee, either in his or her official capacity or as an individual, unless the National Government is named as a party defendant under this subchapter.

Such employee shall be entitled to all exceptions in liability, defenses, and limitations in awards, penalties, and fees available to the National Government unless otherwise provided by this subchapter.
(2) The complaint, summons or other legal document commencing the action against the employee shall contain a statement in a form approved by the Secretary of Justice informing the employee of his or her rights and responsibilities under this subchapter.

A copy of such document shall be served on the Secretary of Justice within three days following its service on the employee.
Upon receipt of such service, the Secretary of Justice 4 of 6 ______________________________________________________________________ ______________________________________________________________________ C.B.

NO.

21-275 shall by every means practical seek to personally contact the employee and verbally explain to the employee his or her rights and responsibilities under this subchapter.” Section 7.
Chapter 7 of title 6 of the Code of the 6 Federated States of Micronesia (Annotated), is hereby amended 7 by inserting a new section 712 under subchapter II to read as 8 follows: “Section 712.

(1) The Secretary of Justice shall determine as promptly as possible whether or not to tender the defense of the person submitting the request.
Until the decision is made, the Secretary of Justice shall take appropriate action to defend or otherwise protect the time of the person submitting the request to file a responsive pleading.
(2) In any case in which the Secretary of Justice determines not to defend, the Secretary of Justice shall give written notice, with reason for the decision stated therein, to the person who requested the defense, either: (a) Ten days before the date an answer or other responsive pleading must be filed with court; or (b) If the defense has been commenced, 20 days before the time an application is made with the court to 5 of 6 ______________________________________________________________________ ______________________________________________________________________ C.B.
NO.

21-275 1 2 3 withdraw as the attorney of record in accordance with this subchapter.” Section 8.

This act shall become law upon approval by the 4 President of the Federated States of Micronesia or upon its 5 becoming law without such approval.

6 7 Date: 8/18/20 Introduced by: /s/ Florencio S. Harper Florencio S. Harper (by request) 6 of 6