Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698745337054.pdf (Micronesia, Federated States of)
STANDING COMMITTEE REPORT NO: 21-11 RE: PRESIDENTIAL COMMUNICATION 21-431/J&GO SUBJECT: FY 2020 BUDGET SEPTEMBER 17, 2019 The Honorable Wesley W. Simina Speaker, Twenty-First Congress Federated States of Micronesia Second Regular Session, 2019 Dear Mr. Speaker: Your Committee on Judiciary and Governmental Operations, to which was jointly referred Presidential Communication No.

20-431, begs leave to report as follows: Presidential Communication No.
21-431 concerns the National Government’s proposed budget for fiscal year 2020 as set forth in the National Government Fiscal Year 2020 Proposed Budget (“Budget Book”).

Pursuant to rule 7, section 4(b) of the Official Rules of Procedure of the Twenty-First 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 21-18/FY 2020 BUDGET/J&GO COMMITTEE STANDING COMMITTEE REPORT NO: 21-11 RE: PRESIDENTIAL COMMUNICATION 21-431/J&GO SUBJECT: FY 2020 BUDGET SEPTEMBER 17, 2019 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 First Regular Session of the Twenty-First Congress in May 2019.

The report and recommendations that follow are based upon the information contained in the Budget Book and the input provided by witnesses at those hearings.
-2- STANDING COMMITTEE REPORT NO: 21-11 RE: PRESIDENTIAL COMMUNICATION 21-431/J&GO SUBJECT: FY 2020 BUDGET SEPTEMBER 17, 2019 Your Committee’s findings and recommendations follow: DISCUSSION OF FY 2020 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 2019 and the amount recommended by the President and the amount recommended by Congress for each entity for FY 2020.

Your Committee makes the following recommendations.

I.

Operations a.

Department of Justice Detail by Division i.


Administration, Office of the Secretary FY 19 Appropriated Personnel Travel Contract OCE Fixed TOTAL #Positions 147,853 31,710 206,000 20,340 10,000 415,903 6 FY 20 President Recommended 147,853 31,710 226,000 20,340 10,000 435,903 6 Proposed Change 0 0 20,000 0 0 20,000 0 FY20 Committee Recommended 147,853 31,710 226,000 20,340 10,000 435,903 6 Personnel: No change is requested in this category.

Travel: No change is requested in this category.


Contract: An increase of $20,000 is sought for a webmaster.

The Committee finds that the amount requested is justified.

OCE: No change is requested in this category.

-3- STANDING COMMITTEE REPORT NO: 21-11 RE: PRESIDENTIAL COMMUNICATION 21-431/J&GO SUBJECT: FY 2020 BUDGET SEPTEMBER 17, 2019 Fixed Assets: No change is requested in this category.

ii.
Division of Litigation FY 19 Appropriated Personnel Travel Contract OCE Fixed TOTAL #Positions 361,042 81,523 56,500 9,000 5,000 513,065 9* FY 20 President Recommended 449,403 81,523 56,500 9,000 5,000 601,426 12 Proposed Change 88,361 0 0 0 0 88,361 1 FY20 Committee Recommended 403,234 81,523 9,500 9,000 5,000 508,257 12 Personnel: An increase of $88,361 is sought in this category for a new investigator position ($27,132) and salary increase for Assistant Manager ($6,557), in addition to an increase in benefits.
The Committee approves the request for the new investigator position and the benefits increase.

*9 positions were authorized last year but they are listing 11 for last year.

Actual appropriation is $361,042, but they list $401,642 in the personnel section of proposed budget book.

No justification was provided for this discrepancy.

Travel: No change is requested in this category.


Contract: During the hearing, the Department of Justice notified the Committee that there was a request for $47,000 in this category that was no longer needed, therefore the Committee recommends this line item be removed.

OCE: No change is requested in this category.

-4- STANDING COMMITTEE REPORT NO: 21-11 RE: PRESIDENTIAL COMMUNICATION 21-431/J&GO SUBJECT: FY 2020 BUDGET SEPTEMBER 17, 2019 Fixed Assets: No change is requested in this category.

iii.
iii.

Division of Law FY 19 Appropriated Personnel Travel Contract OCE Fixed TOTAL #Positions 250,850 89,518 5,000 7,500 5,000 357,868 5 FY 20 President Recommended 342,262 89,518 5,000 7,500 5,000 449,280 6 Proposed Change 91,412 0 0 0 0 91,412 0 FY20 Committee Recommended 304,847 89,518 5,000 7,500 5,000 411,865 6 Personnel: An increase of $91,412 is being sought.

The justification for the increase was a new AAG position and an increase in benefits.
The committee finds the new position justified and approves $42,517.

The Committee also approves the benefits increase of $11,480.

There is a discrepancy in the amount requested in the budget book and no justification was provided.

Travel: No change is requested in this category.

Contract: No change is requested in this category.

OCE: No change is requested in this category.

Fixed Assets: No change is requested in this category.
-5- STANDING COMMITTEE REPORT NO: 21-11 RE: PRESIDENTIAL COMMUNICATION 21-431/J&GO SUBJECT: FY 2020 BUDGET SEPTEMBER 17, 2019 iv.

Registrar of Corporations Personnel Travel Contract OCE Fixed TOTAL #Positions FY 19 Appropriated 76,238 19,596 15,000 9,720 6,800 127,354 4 FY 20 President Recommended 76,238 19,596 15,000 9,720 6,800 127,354 4 Proposed Change O 0 0 0 0 0 0 FY20 Committee Recommended 76,238 19,596 15,000 9,720 6,800 127,354 4 Personnel: No change is requested in this category.
Travel: No change is requested in this category.

Contract: No change is requested in this category.

OCE: No change is requested in this category.

Fixed Assets: No change is requested in this category.
v. Division of Immigration and Labor Personnel Travel Contract OCE Fixed TOTAL #Positions FY 19 Appropriated 589,587 23,020 77,758 113,383 80,000 883,748 41 Proposed Change FY 20 President Recommended 646,790 23,020 77,758 113,383 57,203 0 0 0 20,000 (60,000) 880,951 (2,797) 5 46 FY20 Committee Recommended 646,790 23,020 77,758 113,383 20,000 880,951 46 Personnel: An increase of $57,203 is sought.
This is to fund 5 new positions, 3 in Chuuk and 2 in -6- STANDING COMMITTEE REPORT NO: 21-11 RE: PRESIDENTIAL COMMUNICATION 21-431/J&GO SUBJECT: FY 2020 BUDGET SEPTEMBER 17, 2019 Pohnpei.

The Committee finds these positions are justified and approves the request.

* Last year Congress authorized 43 positions, but it only shows 41 in the proposed budget book.

In addition, the budget book includes the 5 new positions on only two lines, showing as only 2 positions.
No justification or clarification was provided for these discrepancies.

Travel: No change is requested in this category.

Contract: No change is requested in this category.

OCE: No change is requested in this category.

Fixed Assets: This category shows a decrease of $60,000 because the request last year was for new vehicles.

This year, the request is for $20,000 for new computers.

The Committee finds this request justified.

vi.


National Police FY 19 Appropriated 1,826,331 129,435 291,719 210,500 170,500 2,628,485 104* Personnel Travel Contract OCE Fixed TOTAL #Positions FY 20 President Recommended 1,980,528 129,435 626,119 217,500 Proposed Change FY20 Committee Recommended 154,197 1,826,331 129,435 291,719 217,500 60,500 2,525,485 0 334,400 7,000 60,500 (110,000) 385,597 13 3,014,082 117 104 Personnel: An increase of $154,197 is being sought.
The increase is for new positions, 8 officer 1 position at $7,276 (TOTAL $50,932), -7- STANDING COMMITTEE REPORT NO: 21-11 RE: PRESIDENTIAL COMMUNICATION 21-431/J&GO SUBJECT: FY 2020 BUDGET SEPTEMBER 17, 2019 lieutenant $28,458, surveillance officer $30,352, captain $13,995, officer 1 $50,932.

There is a line for “New Vacant Officer 1” that shows $198,140 for 2019 and $43,656 for 2020, COLA increase $10,400 and benefits increase $42,049.
Actual appropriation for 2019 was $1,826,331, budget book shows $1,804,342 in personnel section.

No justification was provided for this discrepancy.

The Committee requested clarification from the budget office and the Department of Justice on the additional positions requested and why they are required.

No response was received.

The Committee finds the request not justified.

* Congress authorized 105 positions for 2019, proposed budget books only shows 104.
No justification was provided for this discrepancy.

Travel: No change is requested in this category.

Contract: An increase of $334,400 is sought for surveillance officers.

The Committee requested clarification from the budget office and the Department of Justice on the additional surveillance officers requested and why they are required.

No response was received.

The Committee finds the request not justified.


OCE: There is an increase of $7,000 for office supplies for the new offices in Kosrae, Chuuk and Yap.

The Committee find this request justified.

Fixed Assets: There is an overall decrease in the amount requested in this section, however, there is still a request for $60,500 for computers, -8- STANDING COMMITTEE REPORT NO: 21-11 RE: PRESIDENTIAL COMMUNICATION 21-431/J&GO SUBJECT: FY 2020 BUDGET SEPTEMBER 17, 2019 electronics and office furniture.
The Committee finds these requests justified.

b.

Office of the Public Defender Personnel Travel Contract OCE Fixed TOTAL #Positions FY 19 Appropriated 744,081 140,120 101,050 86,900 40,000 1,112,151 26 Proposed Change FY 20 President Recommended 0 744,081 140,120 0 314,650 213,200 86,900 0 15,000 (25,000) FY20 Committee Recommended 744,081 140,120 101,050 86,900 15,000 1,300,751 188,600 1,087,151 26 26 0 Personnel: No change is requested in this category.

Travel: No change is requested in this category.


Contract: An increase of $213,200 is being sought again this year to fund a new pilot program for representation from the Public Defender’s office in civil cases.

This was not approved last year and the Committee does not approve this request this year as the Committee believes this is beyond the scope of the Public Defender’s mandate.

OCE: No change is requested in this category.


Fixed Assets: There is a decrease of $25,000 in this category because last year’s request for a new vehicle was approved.
-9- STANDING COMMITTEE REPORT NO: 21-11 RE: PRESIDENTIAL COMMUNICATION 21-431/J&GO SUBJECT: FY 2020 BUDGET SEPTEMBER 17, 2019 c. National Judiciary Personnel Travel Contract OCE Fixed TOTAL #Positions Personnel: FY 19 Appropriated 944,560 160,693 197,809 195,205 50,000 1,548,267 35 Proposed Change FY20 FY 20 Committee President Recommended Recommended 82,001 1,026,561 1,026,561 185,974 25,281 185,974 213,100 213,100 15,291 155,388 155,388 (39,817) 143,000 93,000 143,000 1,724,023 175,756 1,724,023 41 41 6 An increase of $82,001 is sought.
This is to fund new positions: 4 legal intern positions $13,308 each.

(TOTAL $53,232) custodian $6,403, court reporter secretary $9,481.

There is also an increase in benefits $28,293 increase in COLA $7,632.

The Committee find the amount requested justified.

*The Committee notes that funding for the salary of the new Associate Justice in Yap remains in the budget despite the fact he has not arrived.
The funding for this position should not be re-allocated to other expenses should he not arrive to his post.

Travel: An increase of $25,281 is sought for travel for the new justice and for the judge’s conference.

The Committee finds this request justified.

Contract: An increase of $15,291 is sought.

This is primarily due to an increase in housing expenses.

The Committee finds the request justified.


-10- STANDING COMMITTEE REPORT NO: 21-11 RE: PRESIDENTIAL COMMUNICATION 21-431/J&GO SUBJECT: FY 2020 BUDGET SEPTEMBER 17, 2019 OCE: Although this category shows a decrease of $39,817, it should be noted that the Law Day funding of $50,000 has been moved from this category and a request for a staff retreat for $20,000 has been added.

The Committee finds the request justified.

Fixed Assets: An increase of $93,000 is being sought.
This is for a Case management tracking system $20,000 an increase in vehicles $73,000, (one for the new associate justice and 2 replacement vehicles in Pohnpei for 15 year old vehicles) and a video conferencing system $50,000.

The Committee finds the request justified.

d. Agencies, Boards, Authorities, Commissions & Corporations i.
National Postal Service Personnel Travel Contract OCE Fixed TOTAL #Positions Personnel: FY 19 Appropriated 533,861 70,542 207,119 151,657 21,000 984,179 40 Proposed Change FY 20 President Recommended 546,818 74,047 12,957 3,505 187,119 (20,000) 146,195 (5,462) 9,000 0 0 30,000 984,179 40 FY20 Committee Recommended 546,818 74,047 187,119 146,195 30,000 984,179 40 An increase of $12, 957 is being sought.

This includes small increases and decreases in salaries and an increase in benefits of $5,000.
The Committee finds the requests justified.

Travel: An increase of $3,505 is being sought.

The Committee finds the request justified.

-11- STANDING COMMITTEE REPORT NO: 21-11 RE: PRESIDENTIAL COMMUNICATION 21-431/J&GO SUBJECT: FY 2020 BUDGET SEPTEMBER 17, 2019 Contract: There is a reduction of $20,000 in this section due to the procurement of stamps removed.

OCE: There is a decrease of $5,462 in this category.

Fixed Assets: An increase of $9,000 is sought this year, to include a new vehicle.
The Committee finds the request justified.

e. Special Programs i.

National Election Commission Office Personnel Travel Contract OCE Fixed TOTAL #Positions FY 19 Appropriated FY 20 President Recommended Proposed Change 255,821 22,080 59,153 72,963 0 410,017 13 252,040 (3,781) 937 0 10,000 50,000 57,156 0 23,017 59,153 82,963 50,000 467,173 13 FY20 Committee Recommended 252,040 23,017 59,153 82,963 25,000 442,73 0 Personnel: This section shows a decrease of $3,781.
Travel: A small increase of $937 is sought as a result of the increase in per diem rates.

The Committee finds the request justified.

Contract: No change is requested in this category.

OCE: An increase of $10,000 is sought for maintenance and repair.

The Committee finds this request justified.

Fixed Assets: A request of $50,000 is sought for 2 new vehicles.

The Committee finds that one new vehicle for Chuuk is justified for $25,000.
-12- STANDING COMMITTEE REPORT NO: 21-11 RE: PRESIDENTIAL COMMUNICATION 21-431/J&GO SUBJECT: FY 2020 BUDGET SEPTEMBER 17, 2019 II.

Grants, Subsidies and Contributions a.

Department of Justice i.


States Joint Law Enforcement Kosrae Pohnpei Chuuk Yap TOTAL FY 19 Appropriated 30,000 50,000 100,000 30,000 210,000 FY 20 President Recommended 75,000 Proposed Change 45,000 200,000 150,000 100,00 200,000 45,000 75,000 550,000 340,000 FY20 Committee Recommended 75,000 200,000 200,000 75,000 550,000 An overall increase of $340,000 is sought in this category.
The Committee finds the request justified and recommends that the allottee for the funds be changed to the Governor of each state.

ii.

Police Academy FY 19 Appropriated FY 20 President Recommended Proposed Change FY20 Committee Recommended 200,000 200,000 0 200,000 No change is requested in this category.

iii.

DOJ Fuel Subsidy FY 19 Appropriated FY 20 President Recommended Proposed Change FY20 Committee Recommended 100,000 200,000 100,000 200,000 An increase of $100,000 is sought.
The Committee finds the request justified.

-13- STANDING COMMITTEE REPORT NO: 21-11 RE: PRESIDENTIAL COMMUNICATION 21-431/J&GO SUBJECT: FY 2020 BUDGET SEPTEMBER 17, 2019 iv.

World Intellectual Property Organization (WPO) FY 19 Appropriated FY 20 President Recommended Proposed Change FY20 Committee Recommended 0 33,966 33,966 33,966 The request for WPO was approved in FY18, but not in FY19.

The Committee finds the request justified.

b.


States Judiciaries Kosrae Pohnpei Chuuk Yap TOTAL FY 19 Appropriated 40,000 60,000 110,000 40,000 200,000 FY 20 President Recommended 40,000 60,000 110,000 40,000 200,000 Proposed Change 0 0 0 0 0 FY20 Committee Recommended 40,000 60,000 110,000 40,000 200,000 No change is requested in this category.
c. Micronesian Legal Services Corporation FY 19 Appropriated FY 20 President Recommended Proposed Change FY20 Committee Recommended 250,000 250,000 0 250,000 No change is requested in this category.

d. National Judiciary i.


National Law Day FY 19 Appropriated FY 20 President Recommended Proposed Change FY20 Committee Recommended 0 50,000 50,000 50,000 -14- STANDING COMMITTEE REPORT NO: 21-11 RE: PRESIDENTIAL COMMUNICATION 21-431/J&GO SUBJECT: FY 2020 BUDGET SEPTEMBER 17, 2019 The budget office recommended that the funding for the National Law Day be placed in the Grants, Subsidies and Contributions section this year.

It was inadvertently removed from the budget book and should be added.

III.
III.

Capital and Human Resources Development a.

Department of Justice i. Anti-Human Trafficking Enforcement, Campaign and Investigation FY 19 Appropriated FY 20 President Recommended Proposed Change FY20 Committee Recommended 100,000 125,000 25,000 125,000 An increase of $25,000 is sought.

The Committee finds the request justified.

ii.


Victim Shelter and Services FY 19 Appropriated FY 20 President Recommended Proposed Change FY20 Committee Recommended 100,000 100,000 0 100,000 No change is requested in this category.

iii.

Boat Maintenance FY 19 Appropriated FY 20 President Recommended Proposed Change FY20 Committee Recommended 0 125,000 125,000 125,000 This is a new request for $125,000.

The Committee finds the request justified.


-15- STANDING COMMITTEE REPORT NO: 21-11 RE: PRESIDENTIAL COMMUNICATION 21-431/J&GO SUBJECT: FY 2020 BUDGET SEPTEMBER 17, 2019 vi.

PII Case Arbitration FY 19 Appropriated FY 20 President Recommended Proposed Change FY20 Committee Recommended 0 150,000 150,000 0 The PII arbitration was completed last month.

This amount is not being requested and is not justified.

b.
b.

National Election Commission Office i. Voter ID Card and New Voter Registration Project FY 19 Appropriated FY 20 President Recommended Proposed Change FY20 Committee Recommended 242,322 50,000 ($192,322) 50,000 There is a decrease of $192,322 in this category.

c. National Postal Services i.

Postal Management and Financial Services FY 19 Appropriated FY 20 President Recommended Proposed Change FY20 Committee Recommended 210,000 There is a decrease of $210,000 in this category.
(210,000) 0 0 CONCLUSION With the modifications identified above, your Committee on Judiciary and Governmental Operations recommends authorizing those portions of the FY 2020 budget relating to matters under its jurisdiction, subject to the availability of funds, as determined by your Committee on Ways and Means.
-16- STANDING COMMITTEE REPORT NO: 21-11 RE: PRESIDENTIAL COMMUNICATION 21-431/J&GO SUBJECT: FY 2020 BUDGET SEPTEMBER 17, 2019 Respectfully submitted, /s/ Robson U. Romolow Robson U.Romolow, chairman, /s/ Peter M. Christian Peter M. Christian, vice chairman /s/ Tiwiter Aritos Tiwiter Aritos, member /s/ Isaac V. Figir Isaac V. Figir, member /s/ Ferny S. Perman Ferny S. Perman, member /s/ Wesley W. Simina Wesley W. Simina, member /s/ Paliknoa K. Welly Paliknoa K. Welly, member -17-