Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697804748795.pdf (Marshall Islands)
" ~ NITIJELA OF THE ~ASHALL ~.
ISLANDS 23M cONSTITUTIONAL REGULAR SESSION~ 2002 \ BILLNO:99~ \ To provide - An Act (a) in accordance with Article VIII of the Constitution, for the issue from the Marshall Islands General Fund, including funds provided under the Compact of Free Association and other funds, of a total sum of $98,302,200 to meet the expenditures of the Government for the Financial Year 2003, and to appropriate sums to program areas; and (b) for a Contingencies Fund in accordance with Section 9 of Article vrn of the Constitution; and (c) for contingent appropriation of amounts that may be received in the future; and (d) for delegation of expenditures approval under Section 5 of Article VIII of the Constitution; and (e) for controls on reprogramming and transfer of funds within appropriation areas; and (f) for control on specific expenditures.
BE IT ENACTED BY THE NITIJELA OF THE MARSHALL ISLANDS: .~ BILL NO: 99 N.D.2 1 Section 1.

Short Title.

This Act may be cited as the Appropriations (Financial Year 2003) Act, 2002 and shall be deemed to have come into effect on 1 October, 2002.

Section 2.

Statement of National Objective, It is the intention of the Government of the Republic of the Marshall Islands to hereby enact and implement a national budget for the whole of the Financial Year 2003.

Section 3.

Interpretation.


In this Act- (l) "program area" means program areas set out in Schedules 2-8 as indicated by the headings in those schedules (2) "unanticipated income" means any money, not being loan money, that - (a) becomes available for expenditures from a source at a time when the Nitijela is not meeting; and/or (b).
has not been specifically included in the budget estimates for the Financial Year, which the Cabinet is satisfied should, in the interests of the Republic of the Marshall Islands, be expended, in whole or in part, before the expenditures could reasonably be authorized by an Appropriation Act or a Supplementary Appropriation Act.

2 "'16 26 2 BILL NO: 99 N.D.2 P,t: ().
(;o a- 6P I 26 " Section 4.

Appropriations from the Marshall Islands General Fund.

(1) Total Appropriation.

The sum of $35,994,000 is hereby appropriated, and may be withdrawn from the Marshall Islands General Fund and expended pursuant to Article VIII of the Constitution for program areas in accordance with Schedule 2, Column 1, Recurrent Cost, during the Financial Year as provided for in this Section.

(2) Non-recurrent !Development.


All Capital Account Funds provided under the Compact of Free Association shall be credited to the General Fund.

Where the use of such Capital Account Funds represents a direct charge on the General Fund such funds shall be deemed to be appropriated to the Ministry of Finance or to Debt Service Fund, as appropriate.

(3) Restrictions on Reprogramming of Compact Funds.
Funds received and appropriated pursuant to Sections Ill, 177, 211, 213, 214, 215, 216, 217, and 221 of the Compact of Free Association shall not, during the Financial Year, be transferred to any other activity, or reprogrammed or expended for any purpose other than the permissible uses of those funds as provided for in the Compact of Free Association and its Subsidiary Agreements.

(4) Compact Communications Operation.


All moneys received under Section 215 (a) (1) of the Compact of Free Association and appropriated shall not lapse at the end of the Financial Year, but shall continue until either the purpose of the appropriation is completed or funds are expended, whichever occurs first.

3 BILL NO: 99 N.D.2 P, L, ~()O~- 60 (5) Section 216 Compact Funds.
(a) The appropriation of $797,000 referred to III Schedule 2 shall be credited to the Scholarship Fund established by the Scholarship Board.

The Fund shall be utilized for post secondary programs as authorized by the Cabinet.

(b) All monies received under paragraphs 216(a) (1), (2), and (3) of the Compact and appropriated shall not lapse at the end of the Financial Year, but shall continue until either the purpose of the appropriation is completed or funds are expended whichever occurs first.

Section 5.
Section 5.

Appropriation of U.S. Agency and other Foreign Grants.

(1) Subject to Sections (4) and (6), the sum of $22,840,200 (being the total amount of special U.S. Agency and other Foreign Grants) is appropriated and may be withdrawn from the Marshall Islands General Fund pursuant to Article VIII of the Constitution, for program areas in accordance with Schedule 4, during the Financial Year.
(2) The amounts set out in Schedule 4 are not available for expenditure as reprogrammed expenditure under Article VIII Section 7 of the Constitution, except as authorized by or under the agreements with the grantor nation.

(3) The appropriation made by Subsection (1) shall not lapse at the end of the Financial Year, but shall continue until either the grant expires or the funds are expended, whichever occurs first.

19 26 4 BILL NO: 99 N.D.2 Section 6.
Funding of the Office of the Auditor General.

The Secretary of Finance shall withhold and deposit in the special account in the Marshall Islands General Fund, one half of one percent (0.5%) of all amounts appropriated in Schedule 2 and 3 and the sum so 6 withheld and deposited may be withdrawn and expended by the Auditor- 7 General in accordance with the budget approved for hislher office by the 26 Cabinet, for the operations and activities of his office.
Section 7.

Contingencies Fund.

(1) In accordance with Article VITI, Section 9 of the Constitution, there is hereby established a Contingencies Fund.

(2) The amount of the Contingencies Fund prescribed, for the duration of the Financial Year, for the purposes of Article VIII, Section 9(1) of the Constitution is $200,000.
(3) Where, during the Financial Year, an amount of unanticipated income is received by the Government for the purpose of an urgent and unforeseen need, the amount prescribed in Subsection (2) for the Contingencies Fund is increased by the amount of that unanticipated income, to meet such need.

Section 8.
Section 8.

Unanticipated income, Where, during the Financial Year, an amount of unanticipated income is received by the Government for a specified program area, otherwise than as set out in Section7 (3), that amount is appropriated for the corresponding program area in Schedules 2, 3, 4, or 5 as the case may be, 5 BILL NO: 99 N.D.2 and the amount of the appropriation for that program area is increased accordingly.

Section 9.

Notification to the Cabinet by the Minister.


When any money is received under Section 7 (3) or Section 8, the 6 Minister of Finance shall notify the Cabinet of the receipt of such money, 26 and such money shall not be expended without the approval of the Cabinet.

Section 10.

Lapsing of Certain Appropriations.


Any increase in the amount prescribed for the Contingencies Fund provided for by Section 7 (3) ceases and any increase in the amount of an appropriation affected by Section 9 lapses.

(a) On the effective date of the next Appropriation Act or Supplementary Appropriation Act enacted after the date referred to in Subsection (1); or (b) On the adoption of a Resolution to that effect by the Nitijela, whichever occurs first.

Section 11.
Section 11.

Delegation of Authority to Approve.

(1) For the purposes of Article VIII, Section 5 (1) of the Constitution, the authority to approve expenditure in a program area in accordance with Schedules 2-5 is hereby delegated to- (a).

The member of the Cabinet primarily responsible for that program area; and (b).

If the responsible member of the Cabinet so directs by instrument in writing, and subject to any limitations imposed 6 BILL NO: 99 N.D.2 e· L, t20 O:J.
-60 1 2 3 4 by the instrument and to general control by the member, an appropriate person, authority, or agency.

(2) Any expenditure otherwise than in accordance with Schedules 2-5 shall require the approval of the Cabinet in accordance with 5 Article VIII, Section 5 (1) of the Constitution.

6 Section 12.
Section 12.

Reprogramming and Transfers Between and Within Program Areas Before any reprogramming of expenditure between program areas is approved under Article VIII, Section 7 (1) of the Constitution, the Cabinet shall approve such reprogramming.

Section 13.

General.


(1) In the event the actual receipts into the Marshall Islands General Fund fall short of the total amount appropriated in Schedule 5, 6, 7 and 8, the Cabinet may reduce the amounts appropriated in Schedule 2, 3, and 4.

(2) All contracts awarded by the Government or associated agencies 18 must comply with the provisions of the RMI Procurement Code ("the 19 Code").
The Secretary of Finance shall not authorize release of any funds to 20 21 22 any organizations or agency that do not comply with Code.

The attorney General shall assist the Secretary of Finance in enforcing the Code.

(3) Gross Revenue Tax of 3% on all Government contracts will be 23 withheld by the Ministry of Finance at the time of payment, and credited 24 25 26 against the contractor's liability to pay gross revenue tax for the period of the payment.
The contractor is still required to file a tax for return for the period.

7 (4) All Government Ministries BILL NO: 99 N.D.2 R «L , ~ oaa - EO I and Departments must have been audited and have complied with all the audit recommendations prior to receiving any quarterly allocation.
Any Ministry or Department unable to comply with all the audit requirements must provide an expense report to the Secretary of Finance before release of any funds, unless the Secretary of Finance is satisfied that the circumstances are such as to justify the release of funds.

Section 14.

Special Revenue Fund.


Any moneys in excess of an appropriation made in Schedule 6 (Special Revenue Funds) may be expended during the Financial Year only in accordance with terms of the Act establishing such Special Revenue Fund.

Section 15.

Effective date.

1 This act shall take effect on October 1S\ 2002, in accordance 16 with the Rules of Procedures of the Nitijela and Article IV, Section 21 of the Constitution.
CERTIFICATE Ihereby certify that; (1) Nitijela Bill No.

99 N.D.2 was passed by the Nitijela of the 22 Marshall Islands on the :l6-wKdayof ¥IT'be.r 2002; and 23 24 8 BILL NO: 99 N.D.2 P ,L , ~OO $.- hO I (2) I am satisfied that Nitijela Bill No.

99 N.D.2 was passed in accordance with the Rules of Procedures of the Nitijela and Article IV Section 21 of the Constitution of the Republic of the Marshall Islands Ihereby place my signature before the Clerk of the Nitijela on this ~ yRl day of () c.iJ;~( 2002.
a omet ~ ~L.kw~~ ito 9 Speaker, 10 11 Nitijela of the Marshall Islands 12 13 14 ~ti{-- Joe~, Clerk, Nitijela of the Marshall Islands ~ BILL NO.

qq.
N .b·~ SCHEDULES REPUBLIC OF THE MARSHALL ISLANDS FY 2003 Expenditure Budget - For the twelve month period ending 30 September, 2003 SCHEDULE 2 RECURRENT Cabinet Nitijela's Committee Nitijela Adoption RECURRENT GENERAL APPROPRIATIONS 10 - PRESIDENT & CABINET 1020 President & Ministers ]030 Cabinet Operations 1040 Office of the President 1041 Customary Law Commissions xxxx RMIIUSP Joint Secondary Education Project 11 - CHIEF SECRETARY 1110 Administration 1140 Planning & Statistics 1170 Disaster Office 12 - SPECIAL APPROPRIATION 1210 Government Electricity Bills J 211 Kajur Subsidy-Ebeye 1212 Marshall Islands Visitors Authority 1220 Land Leases 1221 MWSCO Subsidy/Water Bills 1240 Contingencies Fund International Subscriptions/Membership Fees 1244 1250 Disaster Matching 1256 Prior Year Liabilities 1257 KALGOV Grant 1271 Copra Price Stabilization Subsidy 1272 Government Electric Bills-Ebeye xxxx ADB Loan Repayment xxxx ASP A Management Legal Services Lease Housing 13 - COUNCIL OF rROIJ 1300 Council ofIroij 13I° Council of Iroij Members - Administration 45,850 - - 35,850 10,000 - - - - 108,658 -300.000 - - - - - - - -400,000 200,000 - - -100,000 ° 100,000 608,658 1,587,521 577,925 427,330 213,266 145.000 224,000 379,149 178,244 158,946 41,959 5,525,135 1,200,000 200,000 200,000 900,000 100,000 200,000 300,000 200,000 582,211 150,000 650,000 120,000 500,000 222,924 - - - AUDITOR GENERAL 1500DAuditor General I 41,000 41,000 I - 1 BILL NO!!
!1..-.tJ -b .s: Public Service Commission Judicial Service Commission ]8 - JUDICIARY 4111 4121 General Courts 4131 Community Court 4141 Traditional Rights Court 19 - ATTORNEY GENERAL 1 10601 1Attorney General Office 1061 1062 Immigration- Majuro Immigration-Ebeye 20 - HEALTH & ENVIRONMENT 2005 Health & Environment Administration 2006 Health Planning & Statistics 2011 Majuro Hospital Operation 2012 Ebeye Hospital Operations 2014 Ebeye Health Administration 2041 Dental Services - Majuro 2042 Dental Services - Ebeye 2061 Human Services 2063 Youth Adolescent Health 2068 2069 2081 Preventive Services - Administration Population Activities & Family Planning Preventive Services - Ebeye ENVIRONMENTAL PROTECTION AGENCY I 3550DL.::E:....
:PA-=-- 21 - EDUCATION 1810 College of the Marshall Islands 2110 Administration - Education 2114 Elementary Admin.
2121 Elementary Education - Majuro 2122 Elementary Education - Ebeye General Fund xxxx National Training Council 2123 Elementary Outer Islands 2130 Vocational Education 2131 Middle School 2132 2133 2134 Northern Islands High School 2154 National Standards Secondary Education MIHS Secondary Education JHS 2 1,034,939 92,862 942,077 , 842857 502 619,496 63.014 159,845 , 810205 667,924 112,086 30,195 , , 5182442 363,585 145,549 3,232,813 870.781 38,443 231,175 81,777 64,141 22,512 34,748 42,825 54,093 224,673 , 50000 - - 50,000 - - - - , 150000 - - - 150,000 - - - - - - - - L-__ - I ~2=24...:2..,6::..:..7=__3 I , , 6 936 378 794,000 656,374 130,496 1,340,000 665,749 65,000 2,260,482 94,394 15,075 50,250 114,570 119,595 50,513 , -230 850 - - - - - - - - - - - - - 426,281 92,862 333,419 , 892857 502 619,496 113,014 159,845 , 810205 667,924 112,086 30,195 , , 5332442 363,585 145,549 3,232,813 1.020,781 38,443 231,175 81,777 64,141 22,512 34,748 42,825 54,093 224,673 224,6731 , , 6705528 794,000 656,374 130,496 1,340,000 665,749 65,000 2,260,482 94,394 15,075 50,250 114,570 119,595 50,513 BILL NO 3'1tV .p~.1 33,530 375,500 170,850 , , 1311 37] - -60,000 -170,850 , (120000) - - - - - - - 33,530 315.500 0 , , 1 191 371 384,182 188,903 618,286 90,283 153,982 153,982 121,591 98,448 -120,000 0 - - - - - - 146,000 - - 23.000 23,000 - 100.000 - - - - - - - - - - - - 818,225 86,081 271,283 146,533 131,427 65,554 117,347 2,452,627 343,849 95,201 62,491 78.895 126,985 325,800 50,324 62,605 142,572 396,620 40,099 43,620 19,899 26,041 29,139 96,991 24,717 38,181 2155 2160 2173 Support Services Aid to Private Schools Scholarship Third Country 22 - TRANSPORTATION & COMMUNICATION 22101 1Office of the Secretary T & C 22111 [Directorate of Civil Aviation 72911 1Ships' Operation
 7292 MY Boken leb/Samantha 7293 MY Litakboki 7294 MY Landrik 7295 MY Ribuke Ae 7296 MY Jabake 7297 MercyK 23 - RESOURCES & DEVELOPMENT 1610 MIDA Operation/Admin 231O Research & Development Administration 2340 2350 2370 2380 Agro - Forestry Jeljelatai Ship Energy Office Trade and Investment 24 - INTERN AL AFFAIRS 2410 2412 2413 Administration Internal Affairs Community Development Youth Bureau 2414 Women in Development 2415 2418 2421 2422 2430 2460 2470 2480 2490 2492 2493 2498 2495 2496 Sports & Recreation Y7AB Administration (Electoral) Elections (Electoral) Local Government Affairs Grant in Aid LiblHistoric Preservation Registrar's Office Language Commission ID Cards Peace Corps (Japan) Land & Surveys National Archives Historic Preservation Act 3 Print Shop & National Gazette Local Government Fund 25 - JUSTICE 1400 Public Defender - Majuro 2521 Public Safety - Majuro 2522 Public Safety - Ebeye 26 - FINANCE Finance Office - Majuro Finance Office - Ebeye EDP Division 1273 Banking Commissioner 2611 2612 2613 2621 Revenue Office - Majuro 2622 Revenue Office - Ebeye 2630 Procurement & Supply 2640 OIDA 7701 xxxx POSTAL SEDP 27 - FOREIGN AFFAIRS 2710 Honolulu Office 2720 Administration 2731 USAKA Lno 2750 Washington Office 2752 RMI UN Office - New York Fiji Office 2760 2782 Taipei Embassy 2780 Tokyo Embassy 2781 Korea 2792 Compact Negotiations 28 - PUBLIC WORKS 2360 Outer Islands Projects - LCU 2811 Operation & Maintenance - Majuro 7901 CGMA 31 - NlTIJELA 3110 Nitijela Operation 3120 General Membership - Nitijela Speaker's Contingency 3130 3140 Committee Expense only - Nitijela 3150 Legislative Counselor's BILL NOjilJ ,J) .
I.~ 51,978 396,620 1,984,889 264,992 1,353,968 365,929 , , ] 370673 90,904 347,847 88,398 44,462 283,425 93,659 144,622 257,356 20,000 - 2,422,660 134,521 486,476 84,101 346.027 186,407 160,616 166,334 236,966 81,212 540,000 1,424,70] 209,502 597,120 618,079 1,404,614 284,584 943,451 87,134 27,135 62,310 50,000 - 50,000 - , 149850 - - - - - - - - - 149.850 65,000 - - - 65.000 - - - - - - - - - 179,150 - - - 169,150 10,000 51,978 396,620 2,034,889 264,992 1.403,968 365,929 , , ] Total General Fund Recurrent Expenditures 35,994,000 35,994,000 4 BILL NO.
~Cj N~b·...~ 2,594,600 309,857 887,263 325,566 54,926 219,588 797,400 1,734,400 763,412 531,600 363,570 52,114 23,704 415,000 325,000 90,000 500,000 350,000 150,000 5,244,000 I 1,900,000 1,900,000 1 11,218,000 7,100,000 4,118,000 21,354,000 15,000,000 1,866,667 4,487,333 39,716,000 I SCHEDULE 3 5,040,200 4,000,000 1 - - - - - - - - - - - 2,594,600 309,857 887,263 325,566 54,926 219,588 797,400 1,734,400 763,412 .
531,600 363,570 52,114 23,704 415,000 325,000 90,000 500,000 500,000 0 5,244,000 1 1,900,000 1,900,0001 - I 11,218,000 7,100,000 4,118,000 21,354,000 15,000,000 1,866,667 4,487,333 39,716,0001 5,040,200 4,000,000 1 - - - - I - I COMPACT DESIGNATED EDUCATION 216(a) & 221(b) 3831 Curriculum & Instruction I 3833 MIHS 3834 3835 3836 NIBS 3701 JHS Food Services-jhs Scholarship 216(a) & 221(b) HEALTH & ENVIRONMENT 3822 OIDS-221(b) 3601 Ebeye Hospital-216(a) 3821 3823 3825 Kwajalein Dispensary-221 (b) Public Health-Majuro-221 (b) Public Health-Ebeye-221 (b) ITOTAL COMPACT DESIGNATED KWAJALEIN DEVELOPMENT I DSection 213 - Kwajalein Impact FUND KWAJALEIN LANDOWNER: Per Land Use Agreement Section 4 (4)(a) Section 217 CAPITAL ACCOUNT 211(a), 214(a) &217 MIITF ENERGY GRANT -MEC Inter-Agency Development Fund ITOTAL COMPACT DESIGNATED SPECIAL REVENUE HEALTH CARE I 5 EPA T&C JUSTICE NA TIONAL TRAINING COUNCIL PUBLIC WORKS FUND POSTAL SERVICE SEA PATROL 65,000 300,000 120,000 100,000 100,000 255,200 100,000 OTHER GRANTS/ADB LOAN PROCEEDS SCHEDULE 4 FEDERAL GRANTS CHIEF SECRETARY Disaster Preparedness EDUCATION Special Education Workforce Improvement Act 21st Century FASEGP CIMP IDEA B Supplement WIA Supplemental School to Work Goal 2000 PVTEP Bilingual/Language Art Career Resources Network BYRD Scholarship Special Feeding Program School Health Program HEALTH SERV[CES EPA DOl Grant Mental Health PHHS SAPT CMHS Ebeye PBIP (CHC) Ebeye PBIP (HSHC) Ebeye PBIP (MENTAL) RYAN White Grant Substance Abuse Maternal & Child Health TB & Aids Immunization Sexually Transmitted Disease Family Planning 50,000 6,000,267 1,764,800 863,700 914,706 864,000 80,000 804,838 125,000 135,000 120,000 100,000 65,000 60,000 54,173 49,050 , , 2082778 30,000 50,000 42,351 264,497 66,413 171,738 100,000 75,000 94,783 187,500 125,102 112,407 129,000 75,000 146,413 I 6 BILL NO~·J) , ...~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 65,000 300,000 120,000 100,000 100,000 255,200 100,000 50,000 6,000,267 1,764,800 863,700 914,706
 864,000 80,000 804,838 125,000 135,000 120,000 100,000 65,000 60,000 54,173 49,050 , 2082778 , 30,000 50,000 42,351 264,497 66,413 171,738 100,000 75,000 94,783 187,500 125,102 112,407 129,000 75,000 146,413 ..----..., ssm EPI Thyroid Diabetes HIV Prevention CISS Pregnant Women INTERNAL AFFAIRS NPO DOl Land & Survey HPF Grant FINANCE FMIP INTERN ITOTAL FEDERAL GRANTS ADB LOAN FINANCE FOREIGN AFFAIRS-(Special MIITF MISSA Input)PSU OVERSEAS GRANTS Inter-Agency Development Fund Projects RMIIUSP Joint Secondary Education Project MIDB (Rural Development Matching) MIVA Tobo1ar Aid to Private School Third Country Scholarship Grant in Aid Disaster Grant- Water Catchments ITOTAL GRANTS (US, ROC, ADB, ETC) - - - - - - - - - - - - - - (870,850) (100,000) - - - 100,000 170,850 200,000 500,000 88,664 66,000 94,310 113,600 50,000 304,455 25,000 98,000 181,455 62,500 62,500 I 8,500,000 I I I 2,300,000 600,000 200,000 1,000,000 500,000 7,000,000 5,454,150 100,000 175,000 100,000 200,000 100,000 170,850 200,000 500,000 88,664 66,000 94,310 113,600 50,000 304,455 25,000 98,000 181,455 62,500 62,500 I 8,500,000 I 2,300,000 600,000 200,000 1,000,000 500,000 7,000,000 6,325,000 200,000 175,000 100,000 200,000 - - - - 17,800,000 I TOTAL ALL EXPENDITURES 98,550,200 98,550,200 REVENUES GENERAL FUND Compact Funding - Section 211 Compact Funding- Section 217 Anticipated Overseas Support Fees and Charges Other Grant SCHEDULE 5 35,994,000 6,360,000 3,000,000 698,250 - 35,994,000 6,360,000 3,000,000 698,250 - - - - - 7 \' BILL NO.Mli ,b .-r?
Fishing Rights Fuel Tax Gross Revenue Tax Import Tax Income Tax Interest and Dividends Other Revenue Penalties and interest Charges Ship Registry ADB Loan Proceeds SPECIAL REVENUE FUNDS Health Care Fund EPA T&C Justice National Training Council Public Works Postal Service Sea Patrol U.S.

COMPACT FUNDS Section 211 - Capital Section 213 Section 214 (a) Section 215 Section 216 (al)(a2)(a3) Section 217 Section 221 (b) Block Grant Section 211 KADA & Kwajalein OTHER GRANTS U.S.
Grants ADB Loan Program Loan Overseas Grants TOTAL ALL REVENUES 2,572,500 300,000 5,255,000 6,363,050 8,678,050 235,000 510,900 51,250 1,470,000 500,000 SCHEDULE 6 5,040,200 4,000,000 65,000 300,000 120,000 100,000 100,000 255,200 100,000 SCHEDULE 7 39,716,000 9,221,333 1,900,000 1,866,667 500,000 1,744,000 14,384,000 3,000,000 7,100,000 SCHEDULE 8 17,800,000 8,500,000 2,300,000 7,000,000 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 98,550,200 8