Congress of the Federated States of Micronesia

Four Acts Vetoed

PALIKIR, Pohnpei (FSM Congress): August 8, 2002 –
Congress received four more acts, which were vetoed by
President Leo A. Falcam on August 5, 2002.

The subject of the act, Congressional Act No. 12-51, C.B. No. 12-117 CD 1,
was the use of a $40,000 provided under the Priority State Infrastructure
Project (PSIP) Fund previously appropriated for the renovation and
completion of second floor of the Pohnpei State Delegation Office. The act,
according to the veto message, changed the original use of the funds to
“Pohnpei State Delegation Office operations” while some of the funds have
been expended. The message stated in part that part of the $40,000 have
been used while only 28,477.62 is left. In approving the act with the
original $40,000 still intact, there would, naturally, over-obligation of
funds.

The other three acts concerned some proposed amendments to the constitution
aiming to take effect soon, especially during the Congressional March
elections. Congressional Act No. 12-47 would provide that all members of
Congress would serve for four-year terms. The president feels the act is in
conflict with Sections 703 and 603 of Title 9 (“National Elections”) of the
FSM Code. The veto message stated that these section and title of the Code
requires a 60-day deadline before elections for requesting absentee ballots.
It further stated that the “Code requires a 55-day deadline before election
for the National Election Director to forward to the national election
commissioners sample ballots. The message also stated, “This Act was
transmitted to my office on July 10, 2002, and even with expedited
execution, the deadlines of Title 9 have already tolled for the special
election set by Presidential Directive for August 27, 2002.”

The president used the same reasons used in vetoing Congressional Act No.
12-47 in vetoing the other two acts, which aimed to have both the president
and vice president elected from among the at-large 4-year members of
Congress, and for the appointment of the independent prosecutor.

“Aside from this legal problems,” the message stated for the later three
vetoed acts, “there are serious ramifications should this Act be signed into
Law. Absentee ballots are already being mailed out, so the special election
which is now in progress will be disrupted. With no funds for public
education on the proposed constitutional amendments and no time for
translating the new ballots, implementation of this Act will be
impractical.”

The only act that signed into law was Congressional Act No. 12-53, which
amended Title 9 of the Code of the FSM to provide for special polling
places. The president informed the Congress that this particular act, now
Public Law No. 12-49, will not be implemented in time for the special
election scheduled for August 27, 2002.

The budget act is still awaiting presidential approval or veto. A new
budget will have to take effect October 1, 2002.

Congress expresses its sympathy and condolences to the families, relatives
and friends, and to the people and government of the Republic of Palau for
the tragic loss of the three athletes who passed away last week while
awaiting for their return trip back to Palau from the 5th Micronesian Games.