Bill for legislative role in 902 talks gets House OK

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Posted on Dec 03 1998
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The House of Representatives has passed a bill that will allow wider participation of legislators in the consultation talks under Section 902 of the Covenant, empowering them to either approve or reject an agreement reached with the United States.

But the proposed measure, which heads to the Senate for action, does not completely eliminate discretion by the CNMI governor to sign any accord despite rejection by local legislators.

Under House Bill 11-298, the legislature will have to point out their objections and make recommendations to the governor for his consideration before forging the agreement with the U.S. representatives.

The provisions of the Covenant allow a mechanism in which both the CNMI and Washington may call a meeting and appoint representatives to discuss issues affecting bilateral relations.

Since the talks are purely an executive function, local legislators are concerned that they are excluded from the consultation although they play a crucial role in implementing any agreement.

In a review conducted by the House Federal and Foreign Relations Committee, members underscored the need to include legislature’s input in the 902 process because of its impact on commonwealth and national relations.

Any agreement ratified by lawmakers “would carry a much heavier weight than those coming solely from Covenant 902 representatives,” a committee report said.

But the panel also noted potential lockout in the talks resulting from disagreement by the legislators, adding another level of bureaucracy that may slow down the whole process.

“It would make it more difficult for any agreement to come out of the… consultation process because of the added number of people to become involved,” the report said.

According to Rep. Melvin Faisao, committee chair, the bill will put in place a system similar to a ratification proceedings found in most U.S.-style parliamentary.

He said the measure is underlined by the Guerra-Manglona Agreement of 1992, the most recent bilateral accord between NMI and Washington, which set the matching requirement for Capital Improvement Project funds.

The Guerra-Manglona Agreement was forged to wean the Northern Marianas away from dependence on federal dole-outs and set up the matching funds requirement for CIP programs.

The island government has to match dollar-for-dollar some $11 million in annual U.S. assistance under the seven-year infrasstructure development plan here, but the legislature has to appropriate the money before CNMI can tap the funds.

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