Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697804356269.pdf (Marshall Islands)
NITIJELA OF THE MARSHALL ISLANDS 25TH CONSTITUTIONAL REGULAR SESSION, 2004 BILL NO: 19 ND2 AN ACT To provide - (a) in accordance with Article VIII of the Constitution, for the issue from the 10 Marshall Islands General Fund, including funds provided under the Compact of Free Association and other funds, of a total sum of $116,646,945 to meet the expenditures of the Government for the Financial Year 2005, and to appropriate sums to program areas; and (b) for a Contingencies Fund in accordance with Section 9 of Article VIII 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: Section 1.

Short Title.

This Act may be cited as the Appropriations (Financial Year 2005) Act, 2004 and shall be deemed to have come into effect on 1 October, 2005.

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 2005.

Section 3.

Interpretation.


In this Act (1) "program area" means program areas set out in Schedules 2 to Schedule 5 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 (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.
Section 4.

Appropriations from the Marshall Islands General Fund.

(1) Total Appropriation.

The sum of $34,328,564 is hereby appropriated, and may be withdrawn from the Marshall Islands General Fund and 26 2 ~ BILL NO.19 ND2 _______________________________ PL.~q-~ expended pursuant to Article VIII of the Constitution for program areas as set out in Schedule 2.
(2) Compact Funds: All Funds provided under the Compact of Free Association as Amended, in the amount $64,284,960 shall be credited to the General Fund and shall be appropriated in accordance with the relevant provisions 7 8 9 and schedule of this Act.

(3) Restrictions on Reprogramming of Compact Funds.
Funds received 10 under the Compact of Free Association as Amended shall not during the Financial 11 Year, be transferred to any other activity, or reprogrammed or expended for any 26 purpose other than the permissible uses of those funds as provided for in the Compact of Free Association as Amended and its Subsidiary Agreements.

(4) Lapse of Compact Funds.


All moneys received under the Compact of Free Association, as Amended, and appropriated herein 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.
(5) Notwithstanding the provisions of any other law or agreement, any entity or organization receiving funds under the Compact of Free Association as Amended, shall not receive such funding if the Auditor General or its contractors have determined that the books, accounts and financial records of any such entity or organization have not been auditable for the past three preceding fiscal years until such time as the Auditor General or its contractor determine that such entity or organization has taken necessary corrective action to render such books, 3 ________________________________~t.tm~-~ 1 accounts and financial records in an auditable condition to permit a financial audit BILL NO.19 ND2 to proceed.
Section 5.

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

(1) The sum of $12,704,341 (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 Schedules 5 and 6, during the Financial Year.
(2) The amounts set out in Schedules 5 and 6 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 donor 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.

Section 6.

Funding of the Office of the Auditor General.


The Secretary of Finance shall withhold and deposit in the special account in the 20 Marshall Islands General Fund, 0.6 percent of all amounts appropriated in Schedules 2 and 6, and the sum so withheld and deposited may be withdrawn and expended by the Auditor-General in accordance with the budget approved for his/her office by the Cabinet, for the operations and activities of his/her office.
26 4 BILL NO.19 ND2 ________________________________~rLA~~-q Section 7.

Contingencies Fund.

(1) In accordance with Article VIII, 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.

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 as the case may be, and the amount of the appropriation for that program area is increased accordingly.

Section 9.
Section 9.

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

1 2 3 4 S 26 5 -------------------------------~~q-~ 1 Section 10.

Lapsing of Certain Appropriations.
BILL NO.19 ND2 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 III 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.
(l )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 by the instrument and to general control by the member, an appropriate person, authority, or agency.
(2)The Chief Justice of the High Court is hereby vested with the authority to approve expenditure of the Judiciary Fund in accordance with the provisions of 27 23 MIRC Chapter 1.

24 25 26 6 ~rL.~~~-~ ________________________________ BILL NO.19 ND2 (3)Any expenditure otherwise than in accordance with Schedule 2, 3, 4 and 2. and 6 shall require the approval of the Cabinet in accordance with Article VIII, Section 5(1) of the Constitution.

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 Schedules 7, 8, 9 and 10, the Cabinet 1 2 3 4 S may make the necessary adjustments to Schedules 2, 3, 4 and 5 to accommodate 16 17 the shortfall.

(2) All contracts awarded by the Government or associated agencies must 18 comply with the provisions of the RMI Procurement Code.
Funds will only be released by the Ministry of Finance upon proof of compliance with the code.

(3) Gross Revenue Tax of 3% on all Government contracts will be withheld by the Ministry of Finance at the time of payment, and credited 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.
BILL NO.19 ND2 (4) All Government Ministries 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 before release of any funds.
(5) No funds appropriated under this Act shall be released to any Local Government, statutory corporation or agency whose financial records have not been auditable for the past two preceding fiscal years, until such Local 8 Government, statutory corporation or agency has taken the necessary steps to render such records auditable, or provides a full and complete report of its expenditures to the Secretary of Finance.

Section 14.

Special Revenue Fund.


Any moneys in excess of an appropriation made in Schedule 4 (Special Revenue Funds) may be expended during the Financial Year only in accordance 15 with terms of the Act establishing such Special Revenue Fund.

16 Section 15.

Effective date.

This act shall take effect on the date of certification in accordance with Article IV, Section 21 of the Constitution.

I hereby certify: CERTIFICATE (1) that the above Nitijela Bill No.
19ND2 was passed by the Nitijela of the Marshall Islands on the1day of ~~~&'" 2004; and 8 ~ BILL NO.19 ND2 ----------------------------~rL·~q-f--- (2) that I am satisfied that Nitijela Bill No.19 ND2 was passed in accordance with the Constitution of the Republic of the Marshall Islands and the Rules of Procedures of the Nitijela ..

I hereby place my signature before the Clerk of the Nitijela on this I sf day of L~ 2004.
Clerk, Nitijela of the Marshall Islands Attest: 9 SCHEDULES REPUBLIC OF THE MARSHALL ISLANDS Fiscal Year 2005 Expenditure Budget For the Twelve Month Period Ending September 30, 2005 RECURRENT GENERAL APPROPRIATIONS 10 - PRESIDENT & CABINET President & Ministers Cabinet Operations Office of the President Customary Law Commissions RMIIUSP Joint Secondary Education Project RMI National Band 11 - CHIEF SECRETARY Administration Deputy Chief Secretary- Ebeye EPPSO OEPPC Disaster Office 12 - SPECIAL APPROPRIATION Government Electricity Bills - Majuro-Jaluit-Wotje Government Electric Bills-Ebeye Kajur Subsidy-Ebeye Land Leases Lease Housing Marshall Islands Visitors Authority MWSCO Water Bills International SubscriptionslMembership Disaster (Compact Matching) Contingency Fund Prior Year Liabilities Public Works - Ebeye Copra Price Stabilization Subsidy (Tobolar) ADB Loan Repayment Infrastructure Maintenance (Compact Matching) Fees FY 05 SCHEDULE 2 FY05 SCHEDULE 2 Bill 19 Billl9NDI 1,800,074 577,925 443,051 249,116 155,000 224,000 150,982 687,430 217,430 100,000 250,000 70,000 50,000 7,200,953 240,000 53,000 200,000 1,000,000 75,000 100,000 100,000 277,514 400,000 - Page1of9 Sports and Youth Development Legal Services Rural Development Program (MIDB) Constitutional Convention College of The Marshall Islands Council ofIroij Council of Iroij Members - Administration 31 - NITIJELA Nitijela Operation General Membership Speaker's Contingency Committee Expense Legislative Counselors 15 - AUDITOR GENERAL C==c:JAuditor General 27 - FOREIGN AFFAIRS Administration Washington Office USAKALno Honolulu Office RMl UN Mission - New York Tokyo Embassy Taipei Embassy Fiji Office Compact Negotiations 17 - PUBLIC SERVICE COMMISSION Public Service Commission PSC Administration 18 - JUDICIARY General Courts Traditional Rights Court Community Court Judicial Service Commission 100,000 100,000 225,000 900,000 - ...:..:41:2..:,0:...::.00-=---1 2,477,577 608,045 381,235 85,000 142,779 224,219 282,757 191,484 158,623 403,435 468,520 93,813 374,707 914,479 698,225 135,293 79,956 1,005 Page 2 of 9 19 - ATTORNEY GENERAL Attorney General Office Immigration- Maj uro Immigration-Ebeye 20 -HEALTH Majuro Administration Health Planning & Statistics Majuro Hospital Operation Dental Services - Majuro Youth Adolescent Health Human Services Population Activities & Family Planning , 854363 640,582 154,912 58,869 1,866,839 318,803 100,000 1,052,728 262,520 22,512 64,141 46,135 , 846024 636,943 151,212 57,869 2,226,839 633,254 145,549 1,052,728 262,520 22,512 64,141 46,135 ENVIRONMENTAL CIJ_EP_A 21 - EDUCATION PROTECTION AUTHORITY 33,000 3--'-3,0_0_01 -1 Administration - Education WoridTeach Development Staff Elementary School - Majuro Elementary School - Ebeye Food Service/Secondary Admin.
& Support Services College of the Marshall Islands Aid to Private Schools National Vocational Technology Institute Property Maintenance 22 - TRANSPORTATION & COMMUNICATION Office of the Secretary All Ships' Operation Landing Crafts MV Jabake MV Ribuke Ae MV Landrik MV Litakboki MV BokenIeb MV Jelielat Ae Outer Islands Transport Subsidy Communication Directorate of Civil Aviation 23 - RESOURCES & DEVELOPMENT MIDA Operation!
Administration R & D Administration Agro - Forestry Energy Office 24 - INTERNAL AFFAIRS Administration Office Library/Historic Preservation National Archives Historic Preservation Act Land & Surveys Page 3 of 9 2,028,593 507,574 185,925 36,131 369,000 - 333,773 - 344,313 - - 344,313 50,000 250,877 2,547,873 246,121 354,278 275,685 140,970 218,255 228,615 259,445 142,576 130,891 160,600 192,739 197,698 591,838 62,114 242,788 185,745 101,191 2,547,295 347,610 40,100 24,717 46,769 86,753 Local Government Affairs Grant in Aid Community Development Youth Bureau Women in Development Sports & Recreation Volunteer Program Administration (Electoral) National Elections V7AB Radio Station ill Cards Language Commission Registrar's Office Print Shop Central Adoption Administration Local Government Fund 25 -JUSTICE Public Defender - Majuro Public Safety - Majuro Public Safety - Ebeye Sea Patrol Page 4 of 9 26-FINANCE Secretary's Office Accounting & Administration EDPlInformation Technology Revenue Division Majuro Custom Division Treasury Division Budget & Inti Aid Division Procurement & Supply Division Budget and Procurement Treasury, Custom, Revenue & Taxation Ebeye - Finance Ebeye Revenue/Custom Office Postal Office Banking Commissioner Single State Agency 28 - PUBLIC WORKS Operation & Maintenance - Majuro CGMA Outer Islands Projects , , 1695494 68,379 337,082 65,982 153,188 155,728 99,443 241,638 186,676 - - 108,301 90,238 30,450 120,389 38,000 1,265,517 487,310 599,963 178,244 , , 1695601 68,379 322,115 51,015 153,188 153,228 99,443 241,638 186,676 - - 108,301 90,138 30,450 126,889 64,141 1,228,017 479,810 583,463 164,744 ITOTAL GENERAL FUND RECURRENT EXPENDITURES 31,909,294!
__ 3=---4-",,-,3_28'-'.:,5:....
:.6-=---4 I COMPACT DESIGNATED SCHEDULE 3 SCHEDULE 3 SPECIAL APPROPRIA nON College of the Marshall Islands (SEG) College of the Marshall Islands (Compact Designated) Ebeye Special Needs (KAJUR) 15 - AUDITOR GENERAL Administration Single Audit 20-HEALTH Majuro Hospital Ebeye Hospital Preventive Services / Primary Health Care-Majuro Preventive Services/ Primary Health Care- Ebeye Public Health - Majuro Ebeye Special Needs (Public Health) Outer Islands Dispensary Services Ebeye Special Needs (Ebeye Hospital) Ebeye Special Needs (Health Administration) Ebeye Special Needs (Dental Services) Lease Housing MOH Electricity Bills , 700000 - 700,000 413,514 103,514 310,000 6,355,960 2,336,772 1,300,467 138,487 154,093 363,570 152,114 822,085 123,704 38,443 81,777 468,000 376,448 , , 1100000 300,000 700,000 100,000 413,514 103,514 310,000 , , 7064197 2,336,772 904,742 138,487 154,093 363,570 152,114 822,085 1,227,666 38,443 81,777 468,000 376,448 - - 21 - EDUCATION 17,066,921 16,666,921 Page 5 of 9 MOE Administration Secondary Education - MIHS Secondary Education - JHS Northern Island High School Laura High School Elementary Education - Majuro Elementary Education - Ebeye Elementary Education - Outer Islands Middle School Vocational Education Ebeye Special Needs (High School) Ebeye Special Needs (Elementary School) Ebeye Special Needs (Kindergarden) Ebeye Special Needs (Scholarship) Scholarship Curriculum National Training Council National Standards Support Services Lease Housing (Education) Government Electricity Bills WorldTeach (SEG) Special Education Grant (SEG) Page 6 of 9 +-; ENVIRONMENTAL PROTECTION AUTHORITY EPA Operations Kwajalein Environmental Impact Assessment 23 - RESOURCES AND DEVELOPMENT Trade and Investment Tourism Promotion (MIV A) 404,720 202,360 202,360 239,543 139,543 100,000 404,720 202,360 202,360 239,543 139,543 100,000 25 - JUSTI;:..:C:.
::E=-- CIILand Registration -,- __ ----'1:.:2:=2!....:,4..
:..00=_ 122,400 122,400 1----=1'-:-2-:-2,'-:-4...:...00.:.-,1 1 TOTAL COMPACT DESIGNATED 24,603,058 1 __ 2--,-6-,-,-,0--,-U...:..,2..;...95"--J1 OTHER COMPACT FUNDING Compact Disaster Assistance Matching Compact Capital Funds Infrastructure Maintenance Fund (IMF) Compact Capital Funds (Ebeye Special Needs) Kwajalein Development Fund Kwajalein Landowners Trust Fund (Compact Contribution) 38,981,902 200,000 13,389,283 704,699 - 1,922,420 15,177,000 7,588,500 38,273,665 200,000 12,716,458 669,287 1,922,420 15,177,000 7,588,500 - lTOTAL COMPACT FUNDING 63,584,960 1 6~4',-:-2.;....84-i.,9_6_0 1 SPECIAL REVENUE EXPENDITURE Health Care Fund Environment Protection Authority Ministry ofIntemal Affairs Ministry of Transportation & Communication Ministry of Justice Ministry of Education (National Training Council) Ministry of Finance (Postal Service) U.S. FEDERAL GRANTS 11 - CHIEF SECRETARY Disaster Preparedness Outer Island Solar System Solid Waste Reduction Infrastructure Data Development SCHEDULE 4 SCHEDULE 4 5,329,080 4,100,000 70,304 50,000 484,640 237,952 108,160 278,024 5,329,080 4,100,000 70,304 50,000 484,640 237,952 108,160 278,024 SCHEDULE 5 SCHEDULES 366,045 50,000 58,500 112,482 145,063 366,045 50,000 58,500 112,482 145,063 15- AUDITOR GENERAL 111,400 111,400 1'-- A_u_d_it_T_ra_i_ni_n"'-g_G_ran_t -=I:...:I...:...I,'-.:.4...:...00=--'-=I:...:I...:...I,'-:-4...
:...00:....J1 19 - ATTORNEY GENERAL CIJ Immigration Management System 20-HEALTH Mental Health Data Grant PHHS CMHS MCHS Ebeye PBIP (HSHC) 2,564,896 50,000 40,000 36,000 123,000 145,000 2,564,896 50,000 40,000 36,000 123,000 145,000 Page 7 of 9 EbeyePBIP (MENTAL)/CHC RYAN White Grant Maternal & Child Health TB & Aids Immunization Sexually Transmitted Disease Family Planning SSDI Diabetes HIV Prevention Bioterrorism Grant Advocate Human Potential Youth to Youth in Health Children Oral Health 21 - EDUCA nON Special Education Workforce Improvement Act 21st Century (C.A.R.E.)
FASEGP CIMP IDEA B Supplement PVIEP Bilingual/Language Art Career Resources Network BYRD Scholarship Special Feeding Program School Health Program 23 - RESOURCES AND DEVELOPMENT Small Business Center Network Forestry Grant 24 - INTERNAL AFFAIRS IMLS/Alele Land & Survey HPF Grant 26-FINANCE FMIS Project FMIP Intern Fixed Asset Substance Abuse 275,000 50,000 9,896 121,000 239,000 264,000 153,000 84,000 84,000 160,000 600,000 10,000 21,000 100,000 275,000 50,000 9,896 121,000 239,000 264,000 153,000 84,000 84,000 160,000 600,000 10,000 21,000 100,000 , , 3009000 1,795,000 I 258,000 I , , 3009000 1,795,000 258,000 - 600,000 - 140,000 - 67,000 - 55,000 94,000 56,000 20,000 36,000 102,000 - 102,000 - 495,000 80,000 - 120,000 295,000 - 600,000 - 140,000 - 67,000 - 55,000 94,000 56,000 20,000 36,000 102,000 - 102,000 - 495,000 80,000 - 120,000 295,000 iTOTAL FEDERAL GRANTS OTHER DONOR CI]Overseas Revenue (ROC) 6,704,341 6,704,341 I SCHEDULE 6 SCHEDULE 6 6,000,000 6,000,000 I 6,000,000 6,000,000 I TOT AL ALL EXPENDITURES 114,227,675 116,646,945 P:ge 8 ~f Q REVENUES GENERAL FUND Fees and Charges Other Grants Fishing Rights Fuel Tax Gross Revenue Tax Import Tax Income Tax Interest Income and Dividends Other Revenues Penalties and Interest Charges Ship Registry SPECIAL REVENUE FUNDS Health Care Fund Environment Protection Authority Ministry ofInternal Affairs Ministry of Transportation & Communication Ministry 0 Justice Ministry 0 Education (National Training Council) Ministry 0 Finance (Postal Service) Public Wo k Fund Sea Patrol U.S.
COMPACT FUNDS Compact Base Grants Compact Base Grants - Ebeye Special Needs Compact Special Education Grant (SEG) Compact Disaster Assistance Matching Compact Single Audit Compact Capital Funds Infrastructure Maintenance Fund (IMF) Kwajalein Environmental Kwajalein Development Fund Kwajalein Landowners Trust Fund (Compact Contribution) Impact Assessment SCHEDULE 7 31,909,294 1,282,787 4,000,000 1,500,000 415,000 3,400,282 6,681,203 12,168,318 605,647 794,568 61,489 1,000,000 SCHEDULE 8 , 5,329080 4,100,000 70,304 50,000 484,640 237,952 108,160 278,024 - - SCHEDULE 9 64,284,960 14,802,575 3,363,123 6,100,000 200,000 310,000 13,888,033 730,949 202,360 1,922,420 15,177,000 7,588,500 SCHEDULE 7 , , 34328564 1,282,787 4,000,000 1,500,000 415,000 3,400,282 8,523,770 12,168,318 1,182,350 794,568 61,489 1,000,000 SCHEDULE 8 , , 5329080 4,100,000 70,304 50,000 484,640 237,952 108,160 278,024 - - SCHEDULE 9 , , 64284960 14,802,575 3,363,123 6,100,000 200,000 310,000 13,888,033 730,949 202,360 1,922,420 15,177,000 7,588,500 SCHEDULE 10 SCHEDULE 10 12,704,341 6,704,341 6,000,000 12,704,341 6,704,341 6,000,000 TOT AL ALL REVENUES 114,227,675 116,646,945 Paye 9 of 9