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FSM Congress Designates Acting President

PALIKIR, Pohnpei (FSM Information Service): November 14, 1996 - The Ninth FSM Congress in its Fourth Regular Session, on November 8, 1996, adopted Congressional Resolution 9-93. designating Vice-President Jacob Nena as Acting President of the Federated States of Micronesia after a Declaration signed by all members but one, was transmitted to speaker Fritz declaring that President Bailey is presently unable to discharge the power and duties of his office.

Congress Resolution No. 9-93 was premised upon the declaration of no less than two-thirds of the Members of Congress and transmitted to the Speaker of Congress. The declaration further stated that the President shall resume the powers and duties of his office, if the inability to discharge the powers and duties ceases, as certified by his (President) written declaration, that he is able to discharge the duties of the Office of the President, executed within 180 days of the transmission of the declaration, pursuant to section 104(1) of title 2 of the FSM Code. The declaration was made on November 8, 1996, bearing the signatures of Jack Fritz, Speaker; Joseph Urusemal, Floor Leader; Leo A. Falcam; Yosiwo P. George; Simeon R. Innocenti; Redley Killion; John R. Petewon; Peter M. Christian; Isaac V. Figir; Dohsis S. Halbert; Roosevelt D. Kansou; Wagner W. Lawrence and Nishima E. Yleizah.

Olter who suffered a stroke on July 16 of this year, has been undergoing medical treatment at Straub and The Institute of Rehabilitation and Research (TIRR) in Honolulu, Hawaii, and Houston, Texas, the United States of America, respectively.

Section 105(1) of title 2 of the FSM Code provides that the Vice President cannot become Acting President unless a declaration is made by a majority of the principal officers of the executive departments appointed by the President under article 10, section 2(d) of the Constitution, or a declaration of two-thirds of the Congress pursuant to section 104(1) of title 2 of the FSM Code. Congress thus took it upon itself to make the declaration in absence of a declaration by the principal officers of the executive departments.

It is of interest to note that the Constitution has no provision for an Acting President, nor Acting Vice-President.