Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698745352651.pdf (Micronesia, Federated States of)
STANDING COMMITTEE REPORT NO: 20-78 RE: P.C.

20-211/J&GO SUBJECT: FY 2019 BUDGET SEPTEMBER 20, 2018 The Honorable Wesley W. Simina Speaker, Twentieth Congress Federated States of Micronesia Fifth Regular Session, 2018 Dear Mr. Speaker: Your Committee on Judiciary and Governmental Operations, to which was jointly referred Presidential Communication No.

20-211, begs leave to report as follows: Presidential Communication No.
20-211 concerns the National Government’s proposed budget for fiscal year 2019 as set forth in the National Government Fiscal Year 2019 Proposed Budget (“Budget Book”).

Pursuant to rule 7, section 4(b) of the Official Rules of Procedure of the Twentieth Congress of the Federated States of Micronesia, your Committee has limited its review to those portions of the proposed budget relating to matters under its jurisdiction.

These are: I.

Operations: a.

Department of Justice i.

Administration ii.


Division of Litigation iii.

Division of Law iv.

Registrar of Corporations v. Division of Immigration and Labor vi.

National Police vii.

Office of the Public Defender viii.

National Judiciary SCRL 20-97/J&GO FY-2019 BUDGET STANDING COMMITTEE REPORT NO: 20-78 RE: P.C.

20-211/J&GO SUBJECT: FY 2019 BUDGET SEPTEMBER 20, 2018 ix.

National Postal Service x.

National Election Commission Office b.

Agencies, Boards, Authorities, Commissions & Corporations i.
National Postal Services c. Special Programs i.

National Election Commission Office II.

Grants, Subsidies and Contributions: a.

Department of Justice i.

States Joint Law Enforcement ii.

Police Academy iii.

Ammunition for Sidearm and Long Rifles iv.

Fuel Subsidy b.

States Judiciaries c. Micronesian Legal Services Corporation III.

Capital and Human Resources Development a.

Department of Justice i. Anti-Human Trafficking Enforcement, Campaign and Investigation ii.

Victim Shelter Services b.


National Election Commission Office i. Voter ID Card and New Voter Registration Project c. National Postal Services i.

Postal Management and Financial Services This report and all previous and subsequent reports by this committee should be treated as policy for this Nation as defined by the Congress.

It is your Committee’s intent that any commentary found in this report should be treated as policy for the guidance of the relevant departments, agencies and offices.
Your Committee conducted a series of public hearings following the convening of the Fourth Regular Session of the Twentieth Congress in May 2018.

The report and recommendations that follow are based upon the information -2- STANDING COMMITTEE REPORT NO: 20-78 RE: P.C.

20-211/J&GO SUBJECT: FY 2019 BUDGET SEPTEMBER 20, 2018 contained in the Budget Book and the input provided by witnesses at those hearings.
Your Committee’s findings and recommendations follow: DISCUSSION OF FY 2019 BUDGET The appropriations discussed below are presented, by department, office and agency, in the order in which they appear in the Budget Book.

The figures given for each department, office and agency include the figures from the budget book for the total amount appropriate by law for FY 2018 and the amount recommended by the President and the amount recommended by Congress for each entity for FY 2019.
Your Committee makes the following recommendations.

I.

Operations a.

Department of Justice Detail by Division i.


Administration, Office of the Secretary FY 18 Appropriated Personnel Travel Contract OCE Fixed TOTAL #Positions 6 145,372 31,710 181,000 20,340 10,000 388,422 6 Proposed Change FY 19 President Recommended 147,853 31,710 2,481 0 341,000 160,000 0 0 550,903 162,481 0 20,340 10,000 FY 19 Congress Recommended 147,853 31,710 206,000 20,340 10,000 415,903 6 Personnel: An increase of $2,481 is sought.

This request is to due to an increase in benefits expense.
The Committee finds the amount requested is justified.

-3- STANDING COMMITTEE REPORT NO: 20-78 RE: P.C.

20-211/J&GO SUBJECT: FY 2019 BUDGET SEPTEMBER 20, 2018 Travel: No change is requested in this category.

Contractual Services: An increase of $160,000 is sought.

This request is to fund a position for James Stovall.
Congress recently funded a similar amount for James Stovall and the Committee will be requesting an additional public oversight hearing on this item in September and at this time the Committee does not find the amount justified.

The Committee is approving an increase of $25,000 for Clement Yow Mulalalp.

Other Current Expenses: No change is requested in this category.

Fixed Assets: No change is requested in this category.

ii.
ii.

Division of Litigation FY 18 Appropriated FY 19 President Recommended Proposed Change Personnel Travel Contract OCE Fixed TOTAL #Positions 6 288,265 61,795 12,000 9,000 5,000 376,060 81,523 408,677 120,412 19,728 559,000 547,000 0 0 1,063,200 687,140 9,000 5,000 11 5 9 FY 19 Congress Recommended 361,042 81,523 56,500 9,000 5,000 513,065 Personnel: An increase of $120,412 is sought.

This request is to fund five new positions.


The Committee finds that three positions (additional Attorney General, Manager and Executive/Legal Secretary) are justified and approves an increase of $72,777.

Travel: An increase of $19,728 is sought.

This request is for travel.

Additional travel is required due to the number of open cases that are ongoing.

The Committee finds the amount requested is justified.

-4- STANDING COMMITTEE REPORT NO: 20-78 RE: P.C.


20-211/J&GO SUBJECT: FY 2019 BUDGET SEPTEMBER 20, 2018 Contractual Services: An increase of $547,000 is sought.

This request includes $502,500 to fund the PII litigation.

There has been a supplemental request brought to Congress on this matter and if additional funds are needed, a supplemental request can be made.

The Committee finds the other amounts requested to be justified and approves an increase of $44,500.
Other Current Expenses: No change is requested in this category.

Fixed Assets: No change is requested in this category.

iii.

Division of Law FY 18 Appropriated FY 19 President Recommended Proposed Change Personnel Travel Contract OCE Fixed TOTAL #Positions 4 192,175 33,656 5,000 7,500 5,000 243,331 6 89,518 5,000 7,500 5,000 293,367 101,192 55,862 0 0 0 400,385 157,054 2 FY 19 Congress Recommended 250,850 89,518 5,000 7,500 5,000 357,868 5 Personnel: An increase of $101,192 is sought.
This request is to fund two new positions and reflects an increase in benefits.

The Committee finds that one new position and the benefits increase are justified and approves an increase of $58,675.

Travel: An increase of $55,862 is sought.

Additional travel is required due to the need for attorneys to travel with the division such as NORMA to attend meetings.

The Committee finds the amount requested is justified.

Contractual Services: No change is requested in this category.
-5- STANDING COMMITTEE REPORT NO: 20-78 RE: P.C.

20-211/J&GO SUBJECT: FY 2019 BUDGET SEPTEMBER 20, 2018 Other Current Expenses: No change is requested in this category.

Fixed Assets: No change is requested in this category.

iv.
Registrar of Corporations FY 18 Appropriated Personnel Travel Contract OCE Fixed TOTAL #Positions 4 71,840* 19,596 5,000 9,720 6,800 112,956 FY 19 President Recommended 76,238 19,596 15,000 9,720 6,800 127,354 Proposed Change 4,398 0 10,000 0 0 15,902 FY 19 Congress Recommended 76,238 19,596 15,000 9,720 6,800 127,354 6 0 * There is an error in the budget book, it shows the FY18 appropriated amount to be $101,330, but when you add the numbers it is actually $71,840 Personnel: An increase of $4,398 is sought.
This request is to fund an $8,000 salary increase for the Registrar of Corporations.

There is a decrease in benefits and COLA.

The Committee finds the amount requested is justified.

Travel: No change is requested in this category.

Contractual Services: An increase of $10,000 is sought.

The request is for the payment of the Chuuk field office lease.

The Committee finds the amount requested is justified.

Other Current Expenses: No change is requested in this category.
Fixed Assets: No change is requested in this category.

v. Division of Immigration and Labor -6- STANDING COMMITTEE REPORT NO: 20-78 RE: P.C.
20-211/J&GO SUBJECT: FY 2019 BUDGET SEPTEMBER 20, 2018 FY 18 Appropriated Personnel Travel Contract OCE Fixed TOTAL #Positions 42 585,327* 23,020 10,200 111,383 60,000 756,867 4,260 Proposed Change FY 19 President Recommended 589,587 23,020 77,758 113,383 80,000 0 67,558 2,000 20,000 883,748 126,881 1 43 FY 19 Congress Recommended 589,587 23,020 77,758 113,383 80,000 883,748 43 * There is an error in the budget book, it shows the FY18 appropriated amount to be $552,264, but when you add the numbers it is actually $585,327 Personnel: An increase of $4,260 is sought.
This request is to fund one position being transferred from a contract position and an increase in benefits and COLA.

The Committee finds the amount requested is justified.

Travel: No change is requested in this category.

Contractual Services: The increase in this category was authorized by Congress through a supplemental budget request in the FY 18 budget.

The Committee finds the amount requested is justified.

Other Current Expenses: An small increase of $2,000 is sought.
The Committee finds the amount requested is justified.

Fixed Assets: An increase of $20,000 is sought.

This request is for vehicles and office equipment.

The Committee finds the amount requested is justified.

-7- STANDING COMMITTEE REPORT NO: 20-78 RE: P.C.

20-211/J&GO SUBJECT: FY 2019 BUDGET SEPTEMBER 20, 2018 vi.
National Police FY 18 Appropriated FY 19 President Recommended Proposed Change FY 19 Congress Recommended Personnel Travel Contract OCE Fixed TOTAL #Positions 90 1,459,642 1,826,331 54,435 204,435 234,500 291,719 210,500 210,500 15,000 140,500 1,974,077 2,673,485 105 366,689 1,826,331 150,000 129,435 291,719 57,219 0 210,500 155,500 170,500 699,408 2,648,485 15 105 Personnel: An increase of $366,689 is sought.

This request is to fund necessary additional positions.
This number includes several contract employees that are being transferred to permanent employee status.

The police force wants to run 3 shifts per day in Chuuk and they are short surveillance officers.

The increase in employees also results in an increase in benefits and COLA.

The Committee finds the amount requested is justified.

Travel: An increase of $150,000 is sought.

The Committee finds the requested amount excessive and approves a $75,000 increase.
Contractual Services: An increase of $57,219 is sought.

This increase is primarily due to required vehicle maintenance.

The Committee finds the amount requested is justified.

Other Current Expenses: No change is requested in this category.

Fixed Assets: An increase of $125,000 is sought.

This request is for vehicles and cameras and video equipment for interrogation rooms.

The Committee finds the amount requested is justified.

-8- STANDING COMMITTEE REPORT NO: 20-78 RE: P.C.


20-211/J&GO SUBJECT: FY 2019 BUDGET SEPTEMBER 20, 2018 vii.
Office of the Public Defender FY 18 Appropriated Personnel Travel Contract OCE Fixed TOTAL #Positions 26 712,321 103,812 101,050 86,900 40,000 1,044,083 Proposed Change FY 19 President Recommended 31,760 744,081 140,120 36,308 314,250 213,200 0 5,000 1,330,351 286,268 86,900 45,000 FY 19 Congress Recommended 744,081 140,120 101,050 86,900 40,000 1,112,151 26 0 26 Personnel: An increase of $31,760 is sought.
The increase is largely due to an increase in benefits of $14,355 and an increase in COLA of $23,745.

There also some adjustments to salary, some increases and some decreases.

There is also a request for a $5,000 for an employee incentive fund.

The Committee finds the amount requested is justified.

Travel: An increase of $36,308 is being sought.

There has already been a supplemental request and this balances out.
There is an increase in travel due to there being more offenders, requiring multiple appearances before the courts.

The Committee finds the amount requested is justified.

Contractual Services: An increase of $213,200 is being sought.

This increase is requested to launch a new pilot program for representation from the Public Defenders office in civil cases.

The Committee finds this is beyond the scope of the mandate for the Public Defenders office and does not authorize this expense.
The Committee does not approve an increase in this category.

Other Current Expenses: No change is requested in this category.

Fixed Assets: An increase of $5,000 is sought.

The request is for renovations for the Pohnpei office.

The Committee -9- STANDING COMMITTEE REPORT NO: 20-78 RE: P.C.

20-211/J&GO SUBJECT: FY 2019 BUDGET SEPTEMBER 20, 2018 finds that this amount should be referred to the TC&I office for funding.

viii.
viii.

National Judiciary FY 18 Appropriated Personnel Travel Contract OCE Fixed TOTAL #Positions 35 905,453 161,525 184,194 174,808 32,000 1,457,980 FY 19 President Recommended 944,560 160,693 197,809 195,205 50,000 1,548,267 Proposed Change 39,107 (832) 13,615 20,397 18,000 90,287 FY 19 Congress Recommended 944,560 160,693 197,809 195,205 50,000 1,548,267 35 0 35 Personnel: An increase of $39,107 is sought.
The request is for various salary increases, including a $9,000 increase for the associate justices and a $15,877 increase for the Chief Justice.

The Committee finds the amount requested is justified.

Travel: The travel budget has a small reduction of $832.

Contractual Services: An increase of $13,615 is being sought.

This increase is due to a change in the IT contract and the housing expenses.

The Committee finds the amount requested is justified.
Other Current Expenses: An increase of $20,397 is sought.

This increase is due to an increase in the Law Day scholarships, after 26 years, the scholarships will increase form $1,000 to $2,000.

The Committee finds the amount requested is justified.

Fixed Assets: An increase of $18,000 is sought.

This request is for a new vehicle for the new Associate Justice and 4 new FDR recording back-up systems.

The Committee finds the amount requested is justified.

-10- STANDING COMMITTEE REPORT NO: 20-78 RE: P.C.


20-211/J&GO SUBJECT: FY 2019 BUDGET SEPTEMBER 20, 2018 b.

Agencies, Boards, Authorities, Commissions & Corporations i.
National Postal Service FY 18 Appropriated Personnel Travel Contract OCE Fixed TOTAL #Positions 40 513,771 65,117 151,320 126,657 0 856,865 Proposed Change FY 19 President Recommended 547,861 70,542 207,119 175,757 51,000 34,090 5,425 55,799 49,100 51,000 1,052,279 195,414 FY 19 Congress Recommended 533,861 70,542 207,119 151,657 21,000 984,179 40 0 40 Personnel: An increase of $34,090 is sought.

The increase is largely due to an increase in salary for the Post Master of $14,000.
No explanation was provided for this increase.

There are also some small salary increases and a significant increase in benefits.

The Committee finds the salary increase for the Post Master is not sufficiently justified and does not approve this increase.

The Committee finds the other amounts requested are justified and approves an increase of $20,090 for these amounts.

Travel: An increase of $5,425 is being sought.

This is primary to fund travel to a finance conference in Chuuk.
The Committee finds the amount requested is justified.

Contractual Services: An increase of $55,799 is being sought.

The increase is largely related to a lease in Chuuk and the maintenance of office equipment.

There is also a need to purchase stamps as they are running out of stock.

The Committee finds the amount requested is justified.

Other Current Expenses: An increase of $49,100 is sought.
The request reflects a reduction in the uniform expenses and an increase of $50,000 for philatelic products and -11- STANDING COMMITTEE REPORT NO: 20-78 RE: P.C.

20-211/J&GO SUBJECT: FY 2019 BUDGET SEPTEMBER 20, 2018 marketing products such as t-shirts and pamphlets.

The committee finds that marketing products are not justified and approves an increase of $25,000.

Fixed Assets: An increase of $51,000 is being sought.
The request is for $30,000 for one vehicle for the Post Master and $21,000 for a total of 4 new vehicles, one for each state.

The Committee finds that only the 4 vehicles for the states are justified and approves $21,000.

c. Special Programs i.


National Election Commission Office FY 18 Appropriated Personnel Travel Contract OCE Fixed TOTAL #Positions 13 235,090 17,637 54,017 82,205 595 389,544 Proposed Change FY 19 President Recommended 20,731 255,821 4,443 22,080 59,153 5,136 72,963 (9,242) (595) 20,473 0 410,017 FY 19 Congress Recommended 255,821 22,080 59,153 72,963 0 410,017 13 0 13 Personnel: An increase of $20,731 is sought.

The amount reflects small salary increases for all employees and an increase in benefits.
The Committee finds the amount requested is justified.

Travel: An increase of $4,443 is sought.

Additional travel is required due to the upcoming election and orientation and training requirements for the office.

The Committee finds the amount requested is justified.

Contractual Services: An increase of $5,136 is sought.

The increase in this category is related to an error in last year’s appropriation.

The contract amounts are for the office rents and the GVRS Database contract.
The Committee finds the amount requested is justified.

-12- STANDING COMMITTEE REPORT NO: 20-78 RE: P.C.

20-211/J&GO SUBJECT: FY 2019 BUDGET SEPTEMBER 20, 2018 Other Current Expenses: There is a decrease in the amount being requested this year.

Fixed Assets: There is a decrease in the amount being requested this year.

II.

Grants, Subsidies and Contributions a.

Department of Justice i.


States Joint Law Enforcement FY 18 Appropriated 30,000 50,000 100,000 30,000 210,000 FY 19 President Recommended 30,000 50,000 100,000 30,000 210,000 Proposed Change 0 0 0 0 0 FY 19 Congress Recommended 30,000 50,000 100,000 30,000 210,000 Kosrae Pohnpei Chuuk Yap TOTAL No increase is being sought in any category.

ii.

Police Academy FY 18 Appropriated 200,000 FY 19 President Recommended 200,000 Proposed Change 0 FY 19 Congress Recommended 200,000 No increase is being sought.
iii.

Fuel Subsidy FY 18 Appropriated 100,000 FY 19 President Recommended 100,000 Proposed Change 0 FY 19 Congress Recommended 100,000 -13- STANDING COMMITTEE REPORT NO: 20-78 RE: P.C.

20-211/J&GO SUBJECT: FY 2019 BUDGET SEPTEMBER 20, 2018 No increase is being sought.

b.
b.

States Judiciaries FY 18 Appropriated Kosrae Pohnpei Chuuk Yap TOTAL 40,000 60,000 110,000 40,000 200,000 FY 19 President Recommended 40,000 60,000 110,000 40,000 200,000 Proposed Change 0 0 0 0 0 FY 19 Congress Recommended 40,000 60,000 110,000 40,000 200,000 No increase is being sought in any category.

c. Micronesian Legal Services Corporation FY 18 Appropriated 250,000 FY 19 President Recommended 250,000 Proposed Change 0 FY 19 Congress Recommended 250,000 No increase is being sought.

III.
III.

Capital and Human Resources Development a.

Department of Justice i. Anti-Human Trafficking Enforcement, Campaign and Investigation FY 18 Appropriated 100,000 FY 19 President Recommended 100,000 Proposed Change 0 FY 19 Congress Recommended 100,000 No increase is being sought.

ii.

Victim Shelter and Services -14- STANDING COMMITTEE REPORT NO: 20-78 RE: P.C.
20-211/J&GO SUBJECT: FY 2019 BUDGET SEPTEMBER 20, 2018 FY 18 Appropriated 100,000 FY 19 President Recommended 100,000 Proposed Change 0 FY 19 Congress Recommended 100,000 No increase is being sought.

b.

National Election Commission Office i. Voter ID Card and New Voter Registration Project FY 18 Appropriated 50,000 FY 19 President Recommended 242,322 Proposed Change FY 19 Congress Recommended 192,322 242,322 The increase in this category is due to the upcoming election.
The Committee finds the amount requested is justified.

c. National Postal Services i.

Postal Management and Financial Services FY 18 Appropriated 210,000 FY 19 President Recommended 210,000 Proposed Change 0 FY 19 Congress Recommended 210,000 No increase is being sought.
CONCLUSION With the modifications identified above, your Committee on Judiciary and Governmental Operations recommends authorizing those portions of the FY 2019 budget relating to matters under its jurisdiction, subject to the availability of funds, as determined by your Committee on Ways and Means.

-15- STANDING COMMITTEE REPORT NO: 20-78 RE: P.C.


20-211/J&GO SUBJECT: FY 2019 BUDGET SEPTEMBER 20, 2018 Respectfully submitted, /s/ Robson U. Romolow Robson U. Romolow, chairman Dion G. Neth, vice chairman /s/ Isaac V. Figir Isaac V. Figir, member /s/ Tiwiter Aritos Tiwiter Aritos, member /s/ Esmond B. Moses Esmond B. Moses, member /s/ Paliknoa K. Welly Paliknoa K. Welly, member /s/ Wesley W. Simina Wesley W. Simina, member -16-