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Palau Sessional Legislation |
AN ACT
To authorize the sum of $10,000,000 and to appropriate the sum of $5,000,000 therefrom to provide funding for the Republic of Palau=s response to the damage caused by Super Typhoon Bopha, and for other related purposes.
PURSUANT TO THE LEGISLATIVE AUTHORITY OF THE PRESIDENT UNDER ARTICLE VIII, '14 OF THE CONSTITUTION OF THE REPUBLIC OF PALAU, 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 ASuper Typhoon Bopha Emergency Funding Act.@
Section 2. Purpose. On December 4, 2012, in accordance with Article VIII, Section 14 of the Palau Constitution, the President issued Super Typhoon Bopha Presidential Declaration of a State of Emergency declaring a State of Emergency in light of the catastrophic destruction inflicted on the Republic of Palau by Super Typhoon Bopha, and temporarily assumed such legislative powers as may be necessary to afford immediate and specific relief to those lives or property threatened by the catastrophe. The purpose of this Act is (1) to authorize the President or his designee to take all actions he deems necessary to afford immediate and specific relief to those lives or property threatened by the catastrophe; and (2) to provide funding for the prompt provision of accommodation and support relief to people affected by the catastrophe, for the procurement of goods, equipment and services for emergency repair operations and emergency capital improvement projects, and for any other related disaster relief, including all other operations, purchases and construction, necessitated by the catastrophe; so as to permit the Republic to respond to the catastrophe, to restore essential services and utilities as quickly as possible, to protect public health, welfare and safety in the aftermath of the catastrophe; with the ultimate goal of assisting the people of Palau affected by the catastrophe to rebuild their lives.
Section 3. Authorization and Appropriation. The sum of $10,000,000 is hereby authorized to be appropriated and the sum of $5,000,000 therefrom is hereby appropriated for expenditure and obligation for the purpose of funding the prompt provision of accommodation and support relief to people affected by the catastrophe, for the procurement of goods, equipment and services for emergency repair operations and emergency capital improvement projects, and for any other related disaster relief, including all other emergency operations, purchases and construction, necessitated by the catastrophe. The total appropriation shall come from local revenues. Amounts apportioned and allocated under this Act shall be done at the direction of the President or his designee. Any unexpended or unobligated balances of this appropriation shall lapse at the end of Fiscal Year 2013.
Section 4. Authorization to Expend Funds. The President or his designee is hereby authorized to expend the funds appropriated by this Act and to take all actions that he deems to be necessary to afford immediate and specific relief to those lives or property threatened by the catastrophe, and to procure all goods, equipment and services required for emergency operations and emergency capital improvement projects, and to provide disaster relief, including emergency operations, purchases and construction, necessitated by the catastrophe.
Section 5. International Assistance. The President shall seek international grant assistance from all available sources to provide additional funding for the emergency expenditures authorized under this Act. All such international grant assistance is hereby authorized to be appropriated and is appropriated for Fiscal Year 2013 in the amounts received and for the specific purpose for which they are granted, donated, or otherwise contributed
Section 6. Emergency Procurement. Any funds obligated or expended under the authority of this Act shall constitute emergency procurements as set forth in 40 PNC '628; provided, however, that the Procurement Officer for the emergency expenditures authorized under this Act shall be the President or his designee.
Section 7. Accountability. The President shall transmit at least quarterly to the presiding officers of the Olbiil Era Kelulau a report detailing all allotments and disbursements made pursuant to the appropriation provided in this Act.
Section 8. Severability. If any provision of this Act shall be held invalid, such invalidity shall not affect the other provisions of the Act that can be given effect without such invalid provision, and to this extent, the provisions of this Act are severable.
Section 9. Effective Date. This Act shall take effect upon its approval by the President.
Approved into law this 5th day of December, 2012.
/s/
Johnson Toribiong
President
Republic of Palau
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URL: http://www.paclii.org/pw/legis/num_act/ffstbr8522012379