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FY 2010 Budget Act, RPPL 8-8 2009

PALAU

EIGHTH OLBIIL ERA KELULAU
Third Special Session, June 2009
RPPL No. 8-8
(Passed as: Senate Bill No. 8-73, SD4, HD5, CD1)

AN ACT

To authorize for appropriation the sum of $56,557,099 and to appropriate the sum of $53,709,000 from the National Treasury for the annual general operating, special revenue, COFA review, 2010 Micro Games, and debt service budget of the Republic of Palau for the fiscal year ending September 30, 2010 and for related purposes.

THE PEOPLE OF PALAU REPRESENTED IN THE OLBIIL ERA KELULAU DO ENACT AS FOLLOWS:

Section 1. Short Title. This Act may be cited as "The Fiscal Year 2010 Annual National Budget Authorization and Appropriation Act."

Section 2. Executive Branch Operations. The sum of $31,899,875 is authorized for appropriation and the sum of $30,705,131 is hereby appropriated for expenditure and obligation for Fiscal Year 2010 for the purpose of covering the operational and contingent expenses of the Executive Branch. The total amount authorized to be appropriated and appropriated shall be made up of the following available revenues: The amount of $21,705,131 shall come from local revenues; and the amount of $9,000,000 shall come from Compact Section 211(f) Trust Fund Investment Earnings. The total authorized for appropriation and appropriated shall be allocated according to the following schedule, respectively:

Authorized Appropriated
(1) Office of the President

(a) President's Office 585,000 585,000

(b) Official Expense 26,800 26,800

(c) Grants Coordinator Office 61,800 61,800

(d) Council of Chiefs 112,500 112,500

Sub-Total $786,100 $786,100

(2) Office of the Vice-President

(a) Vice President's Office 222,331 222,331

(b) National Emergency Management Office 85,900 85,900

Sub-Total $308,231 $308,231

(3) Ministry of Finance

(a) Office of the Minister 6,250 6,250

(b) Information Systems Support Services 174,600 174,600

(c) Bureau of National Treasury 547,000 547,000

(d) Bureau of Budget and Planning 159,400 159,400

(e) Bureau of Public Service System 98,500 98,500

(f) Workmen's Compensation 41,000 41,000

(g) Bur. of Rev., Customs & Tax. 1,034,000 930,600

Sub-Total $2,060,750 $1,957,350

(4) Ministry of State

(a) Office of the Minister 34,900 34,900

(b) ROP Consulate Office in Guam 42,500 42,500

The above appropriation is intended for the first six months of the 2010 fiscal year. After that time funding will cease.

(c) ROP Embassy in Washington, D.C. 315,320 283,800

(d) ROP Embassy in Tokyo, Japan 315,320 283,800

(e) ROP Embassy in Taipei, Taiwan 89,500 89,500

(f) ROP Consulate Office in Saipan, CNMI 20,250 20,250

The above appropriation is intended for the first six months of the 2010 fiscal year. After that time funding will cease.

(g) ROP Embassy in Manila, Philippines 120,000 108,000

(h) United Nations Representation Office 200,500 200,500

(i) Office of the Pub. Defender 106,100 106,100

(j) Bureau of Asia and Pacific Affairs 103,200 103,200

No funds from this appropriation may be expended until the President of the Republic issues an executive order establishing and organizing the Bureau of Asia and Pacific Affairs.

(k) Bureau of United Nations & the Americas Affairs 88,900 88,900

No funds from this appropriation may be expended until the President of the Republic issues an executive order establishing and organizing the Bureau of United Nations and the Americas Affairs.

(l) Bureau of EU, Mid East, Africa & Other States 72,300 72,300

No funds from this appropriation may be expended until the President of the Republic issues an executive order establishing and organizing the Bureau of EU, Mid-East, Africa and Other States.

(m) Bureau of Int'l Trade and Technical Assistance 52,700 52,700

(n) Bureau of Domestic Affairs 290,300 290,300

(o) International Organizations Obligations 180,000 180,000

(p) European Union Representation 25,000 25,000

(q) Passport Office 34,500 34,500

Sub-Total $2,091,290 $2,016,250

(5) Ministry of Community & Cultural Affairs

(a) Office of the Minister 34,900 34,900

(b) Bureau of the National Archives 58,900 58,900

No funds from this appropriation may be expended until the President of the Republic issues an executive order establishing and organizing the Bureau of the National Archives.

(c) Bureau of Youth, Sport & Recreation 135,300 135,300

No funds from this appropriation may be expended until the President of the Republic issues an executive order establishing and organizing the Bureau of Youth, Sport & Recreation.

(d) Bureau of Aging & Gender 234,200 234,200

No funds from this appropriation may be expended until the President of the Republic issues an executive order establishing and organizing the Bureau of Aging and Gender.

(e) Sports Facilities Maintenance & Utilities 90,000 90,000

(f) Bureau of Arts & Culture 160,900 160,900

Of this amount $25,000 shall be earmarked for OBF for use in calendar year 2010.

(g) Palau Severely Disabled Assistance Fund 190,000 190,000

Of the Palau Severely Disabled Assistance Fund's authorized and appropriated sum, the amount of $15,000, or so much thereof as necessary, may be used to defray the cost of administering the program.

Sub-Total $904,200 $904,200

(6) Ministry of Education

(a) Office of the Minister 34,900 34,900

(b) School Books, Supplies & Instructional Equip. 300,000 300,000

(c) Bureau of Curriculum & Instruction 810,000 810,000

(d) Bureau of Sch. Admin. 4,518,000 4,161,200

(e) Food Service Program 600,000 600,000

Sub-Total $6,262,900 $5,906,100

(7) Ministry of Public Infrastructure, Industries and Commerce

(a) Office of the Minister 34,900 34,900

(b) OMIP, UNDP & Other Match 191,800 191,800

(c) PALARIS 129,800 129,800

(d) Bureau of Commercial Development 228,300 228,300

(d)(sic)Palau Small Business Development (UOG) 29,900 29,900

(e) Pacific Business Center Program (UH) 20,000 20,000

(f) Bureau of Aviation 1,122,600 1,122,600

No funds from this appropriation may be expended until the President of the Republic issues an executive order establishing and organizing the Bureau of Aviation.

(g) Bureau of Lands and Survey 819,000 819,000

(h) Bureau of Public Works 1,744,200 1,644,200

(i) Water & Sewer Operations 2,282,837 2,054,600

(j) Melekeok/Capitol Sewer System 90,000 90,000

(k) Landfill Operations 44,800 44,800

(l) National Capitol Electricity/Maintenance 570,000 570,000

(m) CIP Office Operations 134,300 134,300

(n) Rural Sanitation Project 143,200 143,200

Sub-Total $7,585,637 $7,257,400

(8) Ministry of Justice

(a) Office of the Minister 34,900 34,900

(b) Office of the Attorney General 467,300 467,300

(c) Bureau of Immigration 263,200 263,200

(d) Bur. of Pub. Safety 2,464,655 2,374,200

(e) Div. of Marine Law Enforce. 753,970 697,600

Sub-Total $3,984,025 $3,837,200

(9) Ministry of Health

(a) Office of the Minister 34,900 34,900

(b) Bureau of Public Health 1,083,200 1,083,200

(c) Health Services Administration & Support Svcs 1,683,000 1,683,000

Health Administration (1,495,000) (1,495,000)

Manila Medical Referral (80,600) (80,600)

Hawaii Medical Referral (107,400) (107,400)

(d) Medical Supplies & Drugs 600,000 600,000

(e) Medical Referrals 540,000 540,000

(f) Bur. of Clinical Services 2,276,842 2,092,400

(g) Hemodialysis 518,000 518,000

Sub-Total $6,735,942 $6,551,500

(10) Ministry of Natural Resources, Environment & Tourism

(a) Office of the Minister 34,900 34,900

(b) Protected Areas Network 44,800 44,800

(c) Bureau of Marine Resources 461,000 461,000

(d) Bureau of Agriculture 371,500 371,500

(e) Bureau of Labor & Human Resources 268,600 268,600

Sub-Total $1,180,800 $1,180,800

Section 2 Total $31,899,875 $30,705,131

Section 3. Boards, Commissions, and Authorities. The sum of $660,800 is authorized for appropriation and hereby is appropriated for expenditure and obligation for Fiscal Year 2010 for the purpose of funding the operational and contingent expenses of Boards, Commissions and Authorities. The entire amount of funds authorized and appropriated shall come from local revenues. The total authorization and the total appropriation shall be allocated according to the following schedule, respectively:

Authorized Appropriated

(1) Foreign Investment Board 80,600 80,600

(2) Palau Election Commission 179,000 179,000

(3) Palau Code Commission 38,500 38,500

(4) Palau Public Lands Authority 134,300 134,300

(5) Parole Board 25,100 25,100

(6) Palau Housing Authority 60,000 60,000

(7) Ethics Commission 40,300 40,300

(8) Financial Institutions Commission 85,000 85,000

Of this amount, $50,000 shall be earmarked to fund the Financial Intelligence Unit established pursuant to Section 15 of RPPL No. 6-4, as amended by Section 16 of RPPL No. 7-39, and moved to the Financial Institutions Commission pursuant to Executive Order No. 246.

(9) Ngardmau Free Trade Zone Authority 18,000 18,000

Section 3 Total $660,800 $660,800

Section 4. Judicial Branch. The sum of $2,219,000 is authorized to be appropriated and the sum of $2,007,100 is hereby is appropriated for expenditure or obligation for Fiscal Year 2010 for the purpose of covering the operational and contingent expenses of the Judicial Branch. The total amount authorized to be appropriated and appropriated shall be made up of the following available revenues: The amount of $1,007,100 shall come from local revenues; and the amount of $1,000,000 shall come from Compact Section 211(f) Trust Fund Investment Earnings. The total authorization and total appropriation shall be allocated according to the following schedule, respectively:

(1) Judiciary Authorization Appropriation $2,219,000 $2,007,100

Of this sum $150,000 is hereby authorized for appropriation for the purpose of the renovation of a court room, purchase of furnishings and equipment, and to defray other associated costs to accommodate jury trials as mandated by a new constitutional amendment.

Section 4 Total $2,219,000 $2,007,100

Section 5. Legislative Branch. The sum of $3,727,200 is hereby authorized to be appropriated and hereby is appropriated for expenditure or obligation for Fiscal Year 2010 for the purpose of covering the operational and contingent expenses of the Legislative Branch. The total amount authorized to be appropriated and appropriated shall be made up of the following available revenues: The amount of $2,727,200 shall come from local revenues; and the amount of $1,000,000 shall come from Compact Section 211(f) Trust Fund Investment Earnings. The total authorization and appropriation shall be allocated according to the following schedule:

(1) Senate $1,579,500

(2) Senate Legal Staff 166,500

(3) House of Delegates 1,582,200

(4) House Legal Staff 166,500

(5) Joint Staff 202,500

(6) Asia-Pacific IPU Hosting (earmarked) 20,000

(7) Association of Pacific Island Legislatures (APIL) 10,000

Section 5 Total $3,727,200

Section 6. State Block Grants. The sum of $4,570,550 is hereby authorized to be appropriated and is hereby appropriated for expenditure or obligation for Fiscal Year 2010 for the purpose of State Governments' operational and capital improvement projects expenses. The entire amount of funds authorized to be appropriated and appropriated shall come from local revenues. The amount authorized for appropriation shall be available for expenditure for operations and CIP projects in accordance with 40 PNC Chapter 22. All undisbursed sums under this section held by the Ministry of Finance shall not lapse at the end of the Fiscal Year. The total authorization and total appropriation shall be allocated according to the following schedule, respectively:

(1) Aimeliik State 256,150

(2) Airai State 409,100

(3) Angaur State 221,000

(4) Hatohobei State 157,350

(5) Kayangel State 197,250

(6) Koror State 824,250

(7) Melekeok State 245,700

(8) Ngaraard State 288,450

Of this amount, $5,000 shall be earmarked to defray the cost of purchasing an ice-making machine for the Ngaraard Beluak Cooperation Association.

(9) Ngarchelong State 288,450

(10) Ngardmau State 240,000

(11) Ngaremlengui State 248,550

(12) Ngatpang State 235,250

(13) Ngchesar State 256,150

(14) Ngiwal State 240,000

(15) Peleliu State 305,550

(16) Sonsorol State 157,350

Section 6 Total $4,570,550

Section 7. Independent Agencies. The sum of $2,000,800 is authorized for appropriation and the sum of $1,956,900 is hereby appropriated for expenditure or obligation for Fiscal Year 2010 as operating grants or subsidies for independent agencies of the National Government. The total amount authorized to be appropriated and appropriated shall be made up of the following available revenues: The amount of $956,900 shall come from local revenues; and the amount of $1,000,000 shall come from Compact Section 211(f) Compact Trust Fund Investment Earnings. The total authorization and appropriation shall be allocated according to the following schedule, respectively:
Authorized Appropriated

(1) Office of the Public Auditor 335,700 335,700
(2) Office of the Special Prosecutor 246,200 246,200
(3) Palau Environmental Quality Protection Brd (EQPB) 358,100 358,100
(4) National Postal Service 299,000 255,100
(5) Palau Visitors Authority 627,500 627,500
(6) National Aviation Administration 134,300 134,300
Section 7 Total $2,000,800 $1,956,900

Section 8. Other Agencies and Activities. The sum of $1,553,925 is authorized for appropriation and the sum of $1,520,600 hereby is appropriated for expenditure or obligation for Fiscal Year 2010 as grants or subsidies for recurring programs and activities. The total amount authorized to be appropriated and appropriated shall be made up of the following available revenues: the amount of $520,600 shall come from local revenues; and the amount of $1,000,000 shall come from Compact Section 211(f) Compact Trust Fund Investment Earnings. The total authorization and appropriation shall be allocated according to the following schedule, respectively:
Authorized Appropriated

(1) Palau National Museum 184,020 165,600

(2) Micronesian Legal Services 129,300 129,300

(3) Palau Community Action Agency 221,900 221,900

(4) Head Start Program 103,500 103,500

(5) Palau Red Cross 9,000 9,000

(6) WIA Grant Contribution 99,500 99,500

(7) Civic Action Team Share 250,000 250,000

(8) Peace Corps Contribution 25,000 25,000

(9) PNOC & Sports Organizations 149,205 134,300

(10) Palau Int'l Coral Reef Center 382,500 382,500

Section 8 Total $1,553,925 $1,520,600

Section 9. Education Assistance. The sum of $4,261,949 is authorized to be appropriated and the sum of $3,997,719 is hereby appropriated for expenditure or obligation for Fiscal Year 2010 to subsidize the educational institutions and scholarship program set forth below. The total amount authorized to be appropriated and appropriated shall be made up of the following available revenues: The amount of $1,997,719 shall come from local revenues; and the amount of $2,000,000 shall come from Compact Section 211(f) Trust Fund Investment Earnings. The total authorization and appropriation shall be allocated according to the following schedule, respectively: Authorization Appropriation

(1) Palau Community College (prov. FY04) 2,392,330 $2,128,100

(a) PCC Operations (provision FY04) (2,292,730) (2,028,500)

(b) PCC Board of Trustees (39,500)

(c) PCC CRE (earmarked) (35,100)

(d) COM Board of Regents (25,000)

(2) Aid to Non-Public Schools 607,619

(a) Emmaus High School (51,408)

(b) Bethania High School (67,728)

(c) Palau Mission Academy (51,408)

(d) Mindszenty High School (160,752)

(e) Ibobang High School (75,000)

(f) Maris Stella School (89,115)

(g) Koror SDA Elementary School (82,236)

(h) Emmaus Kindergarten (15,240)

(i) SDA Kindergarten (7,620)

(j) Catholic Kindergarten (7,112)

(3) National Scholarship Fund 1,262,000

(a) Spring Semester scholarships & grants (600,000)

(b) Fall Semester scholarships & grants (600,000)

(c) Administrative Expenses (62,000)

Section 9 Total $4,261,949 3,997,719

Section 10. Hospital Trust Fund. The amount of $1,700,000 or the actual amount collected is authorized to be appropriated and hereby is appropriated for Fiscal Year 2010 for purposes of the Hospital Trust Fund. The amount authorized to be appropriated and appropriated shall come from revenues derived from clinical and public health medical and dental services fees and charges during the fiscal year, provided that the actual expenditures or obligations shall not exceed actual revenue receipts. Any unexpended or unobligated balance of the appropriation of this section shall not lapse at the fiscal year's end.

Section 11. Debt Service. The sum of $2,713,000 is authorized for appropriation and hereby is appropriated for Fiscal Year 2010 for the purpose of payment of periodic interest and principal payments pursuant to the promissory notes under the $20 million International Commercial Bank of China ("ICBC") (Taiwan) loan agreement for the purpose of completion of Phase 11 of the national capitol construction project in Melekeok State; and the $8,000,000 million Mega International loan agreement for the purpose of undertaking various improvements to the Palau International Airport. The amount authorized to be appropriated and is appropriated shall come from local revenues. Any unexpended or unobligated balance of the appropriation of this section shall not lapse at the fiscal year's end, and the total authorization and appropriation amount shall be allocated to the following schedule:

Authorized Appropriated

(1) ICBC Capitol Relocation Project 1,613,000 1,613,000

(2) ICBC PIA Debt Service 1,100,000 1,100,000

(3) Line of Credit Facility -0- -0-

Section 11 Total $2,713,000 $2,713,000

Section 12. Compact Review Office. The sum of $150,000 is authorized to be appropriated and hereby is appropriated for expenditure or obligation for Fiscal Year 2010 for the purpose of undertaking Compact of Free Association review and its associated activities. The entire amount authorized to be appropriated and appropriated shall come from local revenues. Any unexpended or unobligated balance of the appropriation of this section shall not lapse at the fiscal year's end.

Section 13. Rental Payments to Koror State.
(a) There is authorized to be appropriated and hereby is appropriated for Fiscal Year 2010 the amount of funds necessary to make monthly rental payments to Koror State for housing units in accordance with paragraph 18 of the Land Settlement Agreement executed February 3, 1997. The amount to be authorized and appropriated under this subsection shall only be that required to cover the difference between the amount owed by the National Government and the revenues collected from the Koror State Government pursuant 35 PNC 217. Appropriate offsets of the revenues collected and payments made under this subsection shall be recorded in a separately identified budgetary account.

(b) Within 180 days of the enactment of this Act, the National Government shall reconcile all outstanding debts between Koror State and the National Government of the Republic of Palau in accordance with the Land Settlement Agreement executed February 3, 1997, and all debts owed by the States to the National Government pursuant to 35 PNC 217. Forgiveness of those debts, once reconciled, shall be authorized by future legislation.

Section 14. Outside Grants and Development Assistance. All external funds received from development partners and donors, including, but not limited to, the U.S. Federal Program Grants, Japan Grant Aid, Republic of China (Taiwan) grants, other countries, organizations, or individual donors, are authorized to be appropriated and hereby are appropriated for Fiscal Year 2010 in the amounts received for those specific programs or projects for which they are granted, donated, or otherwise contributed. U.S. Federal Program and other external grants cost recoveries associated with such program grants may be retained for use by the Minister of Finance for such purposes as are needed to implement such programs or projects for which they were granted; and where a grant is received without a formula for its distribution it shall be disbursed pursuant to Article XII Section of 5 of the Constitution. The Minister of Finance shall report monthly to the Olbiil Era Kelulau (OEK) the receipt of any outside grant or development assistance in the proceeding month. In addition to all other reporting requirements established by law or regulation, the Minister of Finance shall submit quarterly reports to the President and the Olbiil Era Kelulau (OEK) setting forth expenditures and obligations of all funds received from outside sources and expended or obligated pursuant to this section.

Section 15. 2010 Micro Games. The sum not to exceed $600,000 is authorized to be appropriated for Fiscal Year 2010 for costs associated with the 2010 Micronesian Games. This sum shall be appropriated by way of Supplemental Budget after the costs for the hosting of the 2010 Micronesian Games and the source for such appropriation have been ascertained

Section 16. Apportionment and Allotment. Unless otherwise stated in this Act, amounts appropriated in this Act shall be apportioned and allotted at the direction of the President.

Section 17. State Block Grant additional Authorization. The sum of $500,000 is hereby authorized to be appropriated for Fiscal Year 2010 for the purpose of increasing the annual state block grants for State Government's operational and capitol improvements projects expenses.

Section 18. Presidential Reprogramming. The sums appropriated under sections 2, 3, 7 and 8 of this Act may be reprogrammed by the President in accordance with 40 PNC 351.

Section 19. Effective Date. This Act shall take effect upon its approval by the President of the Republic of Palau or upon becoming law without such approval, except as otherwise provided by law.

PASSED: September 10, 2009

Approved this 11th day of September, 2009.
/s /
Johnson Toribiong
President
Republic of Palau