Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698830984483.pdf (Micronesia, Federated States of)
STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.

22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 The Honorable Wesley W. Simina Speaker, Twenty-Second Congress Federated States of Micronesia Fifth Regular Session, 2022 Dear Mr. Speaker: Your Committee on Judiciary and Governmental Operations, to which was referred Presidential Communication No.
22-228 transmitting the National Government’s proposed FY 2023 budget, begs leave to report as follows: Presidential Communication No.

22-228 was transmitted to Congress with the National Government Fiscal Year 2023 Recommended Budget (“Budget Book”).

Pursuant to Rule 7, Section 7(b), of the Official Rules of Procedure of the Twenty-Second Congress of the Federated States of Micronesia, your Committee has limited its review to those portions of the budget under its jurisdiction: I.

Operations: a.
Operations: a.

Department of Justice Office of the Secretary Division of Litigation i. ii.

iii.

Division of Law iv.

v. vi.

vii.

Division of Labor viii.

National Police – Division of Investigations Division of Anti-Human Trafficking Registrar of Corporations Division of Immigration and Passport Services SCRL 22-67/DEPARTMENT OF J&GO FY2023 BUDGET/J&GO COMMITTEE STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.


22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 and Protection Services ix.

Division of Border Control & Maritime Surveillance x.

Division of Cyber Security & Intelligence Services b.

Office of the Public Defender c. National Judiciary (FSM Supreme Court) d. Agencies, Boards, Authorities, Commissions & Corporations i.

National Postal Services e. Special Programs i.

Office of National Elections 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. ii.

iii.

iv.

v. vi.

vii.

viii.

ix.


Anti-Human Trafficking Enforcement, Campaign and Investigation Victim Shelter Services Boat Maintenance HT Annual Conference Satellite Phone & Billing Cyber Security Acquisition of Intelligence Infrastructure & Hardware Victim Shelter in Chuuk Anti-Trafficking Shelters in Pohnpei, Kosrae & Yap COVID-19 Law Enforcement & Emergency Response b.

National Election Commission Office i. Voter ID Card and New Voter Registration Project - 2 - STANDING COMMITTEE REPORT NO.
22-49 RE: Presidential Communication No.

22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 This report, and all previous and subsequent reports by this Committee, should be treated as policy for this Nation, as defined by Congress.

It is the intent of your Committee that any commentary found in this report should be treated as guidance for the relevant departments, agencies, and offices.
Your Committee held a public hearing on the FY2023 Recommended Budget on May 7, 2022 with the National Postal Services, May 11, 2022 with the Office of National Elections and Office of the Public Defender, May 13, 2022 with the FSM Supreme Court, and August 3, 2022 with the Department of Justice.

Your Committee deliberated on the findings and all information gathered from the May 2022, June 2022 and August 2022 hearings.
This Standing Committee Report reflects the recommendations of your Committee on Judiciary and Governmental Operations regarding the proposed FY 2023 Recommended Budget under its jurisdiction.

Summary of J&GO Committee May 7, 2022 Public Hearing: On May 7, 2022, the Committee on Judiciary and Governmental Operations held a budget hearing on the National Postal Services Fiscal Year 2023 Recommended Budget and Proposed Budget.
J&GO Committee Members present at the hearing were: Chairman Robson U. Romolow and Senator Isaac V. Figir.

The witnesses present at the hearing were: Postmaster General Ginger Porter-Mida, and Finance Officer Juliet Jimmy.

The Committee Chairman opened the hearing by welcoming the witnesses, congressional members, staff, and public present at the hearing.

The Committee Chairman detailed a summary of the FY2023 Recommended Budget and changes in the budget based on the FY2022 Approved Budget.
The Committee Chairman asked the witnesses to justify the FY2023 Recommended Budget and decrease in the FY2023 budget in comparison to FY2022 Approved Budget for the National Postal Services.

- 3 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.


22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 The Finance Officer testified the Postal Service will manage with the FY2023 budget, but the department does struggle with keeping the same budget from the previous years, especially with inflation.
The National Postal Services FY2023 Proposed Budget is $1,067,247.1 The Executive FY2023 Recommended Budget for the National Postal Services is $1,033,814.2 The Committee questioned the witnesses on the Postal Services FY2023 Proposed Budget requesting an increase to the salary of postal clerks.
The Postal Services requested to: 1) increase the salary of 3 postal clerks at a current salary range of $5,259 - $6,153 to $8,275; 2) increase the salary of 4 postal clerks from a current salary range of $8,275 - $9,044 to a range of $9,044 - $9,939; 3) decrease the salary rate of 2 postal clerks at a current salary range of $9,939 - $9,044 to $8,275; and 4) decrease the salary of all state postmasters from $25,000 to $21,420.3 The Executive rejected the Postal Services budget requests and recommended the same salary approved in FY2022.
The Finance Officer testified the slight personnel salary increases to postal clerks is to reflect the promotions that postal clerks have received during FY2022.

Since the postal clerk positions are fixed, the salary promotions are included in the next fiscal year, FY2023, not at the time of the actual position promotion.

The Committee sought clarification on the FY2022 supplemental budget bill on the allocation of increased fixed asset funding for the purchase of vehicles for the Postal Services.
The Postal Services submitted a supplemental budget request for $26,000, for a total fixed assets budget of $41,000.

$15,000 remains in the Postal Services FY2022 fixed assets budget.

Postal Services Finance Officer testified the Postal Services purchased vehicles for the Postal Services.

The Finance Officer did raise concern on the need for the purchase of a vehicle for the Postmaster General because her current vehicle, which she 1 FY2023 Recommended Budget Book at 37.
2 FY2023 Recommended Budget Book at 37, 74, 476-477.

3 FY2023 Recommended Budget Book at 477.

- 4 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.

22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 uses to perform administrative and operational tasks, is not safe and a second-hand car that she has used for 12 years.

Department of Finance denied the Postal Services request for funding allotment to purchase the Postmaster General a vehicle.
The Postal Services Finance Officer was informed by the Department of Finance the FY2022 Postal Services supplemental budget for fixed assets can only be used to purchase Postal Service vehicles for the delivery of mail, not vehicles for individual use.

The Postal Services Finance Officer explained the Postmaster General will use the vehicle to perform her job duties including driving to check postal offices and follow-up on department initiatives.
Postmaster General clarified the Department of Finance concern on allocation of the fixed assets of the FY2022 supplemental budget is derived from the Ways and Means Committee report, not the law itself.

The Committee sought information on whether there is a FY2022 line-item for surplus that can be re-programmed for the allotment of funding to purchase the Postmaster General a vehicle.
Postal Services Finance Officer testified there is currently $15,000 remaining in the Postal Services fixed assets budget.

The Finance Officer informed the Committee that she believes there will be surplus in contractual services.

The Finance Officer testified the Postal Services has already reprogrammed $8,000 to other efforts and budget rules only allow 2% of the approved budget to be reprogrammed.
On May 9, 2022, the Committee followed up with the National Postal Services on the budget hearing requests.

The Finance Officer reported the National Postal Services have $11,000 surplus in contractual services and $15,000 surplus in consumable goods that can be reprogrammed for other purposes, including to pay for a new vehicle for the Postmaster General.
The National Postal Services requested the Committee approve the FY2023 Recommended Budget fixed assets line-item at $41,000 to cover the costs for the purchase of new postal service vehicles for each state postal station.

- 5 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.

22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 Committee Chairman raised concern on the postal services and mail delivery in Chuuk.
The Committee discussed the potential need to use surplus to hire additional assistants for postal services in Chuuk.

Summary of J&GO Committee May 11, 2022 Public Hearing: On May 11, 2022, the Committee on Judiciary and Governmental Operations held a budget hearing on the Office of National Elections and the Office of the Public Defender Fiscal Year 2023 Recommended Budget and Proposed Budget.
J&GO Committee Members present at the hearing were: Chairman Robson U. Romolow, Speaker Wesley W. Simina, and Senator Isaac V. Figir.

Non-J&GO Committee Congressional Members present at the hearing was: Senator Aren B. Palik.

The witnesses present at the hearing were: Acting Chief Public Defender of the Office of the Public Defender, Timoci Romanu and Assistant Director of the Office of National Elections, Esmeralda M. Panuelo.
The Committee Chairman opened the hearing by welcoming the witnesses, congressional members, staff, and public present at the hearing.

The Committee Chairman detailed a summary of the FY2023 Recommended Budget and changes in the budget based on the FY2022 Approved Budget.

The Committee Chairman asked the witnesses to justify the changes and/or increases in the FY2023 Recommended Budget for the Office of National Elections and Office of the Public Defender, respectively.
Office of National Elections Assistant Director testified the Office of National Elections FY2023 proposed budget increase to personnel salary is justified because the Office of National Elections’ employees are not protected under the Public Service System (PSS) and ungraded positions.

The Office of National Elections requested $437,090 for personnel salary, a $98,412 increase from FY2022 Approved - 6 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.


22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 Budget for personnel at $338,678.4 Assistant Director explained the slight increase in salary aims to cover some of the gap benefits the employees are not entitled to as non-PSS employees.
The Office of National Elections is working with the Office of the President and Attorney General to see if the employees can be covered under the PSS to prevent employees from finding new employment and leaving the office.

The Executive rejected the office proposed budget for personnel and recommended the personnel budget stay at FY2022 Approved budget level of $338,678.
Assistant Director testified the Voter ID Coordinator and Administrative Officer positions are not new positions, but reinstatements of old positions.

The Voter ID Coordinator and Administrative Officer positions were part of the original establishment of the Office of National Elections and the office seeks to reinstate these positions.
According to the Office of National Election, the Administrative Officer position is necessary to manage the administrative tasks of maintaining and processing employment contracts.

According to the Office of National Election, the Voter ID Coordinator is necessary to head the Voter ID Card and Registration Project, and keep the voters signature listings at all polling places updated and aid in establishment of a fully functional National Voter Register/database.
The Office of National Election would like Congress to fund these positions at the proposed pay levels.

Please see the attached summary from the Office of National Election.

In regard to the travel line-item budget, Assistant Director testified the $23,017 travel proposed budget will reinstate the office travel budget to pre-COVID-19 travel levels.
Assistant Director explained that is why the travel budget request increases from $6,215 in FY2022 to $23,017 in FY2023.5 The Executive rejected the office FY2023 Proposed Budget request of $23,017 for travel line-item budget and recommended $6,215.6 4 FY2023 Recommended Budget at 482.

5 FY2023 Recommended Budget Book at 482.

6 FY2023 Recommended Budget Book at 482.

- 7 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.


22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 The Committee questioned how the Voter Id Project and upcoming national election costs are factored into the FY2023 budget.

Assistant Director testified the Voter Id Project (Voter ID Card & New Voter Registration Project) is an ongoing project with costs included in the $50,000 proposed project budget,7 and the Hawaii (Honolulu) and Guam regular election costs are included in the proposed budget.
Assistant Director explained the regular election budget is conditioned on the polling places being opened abroad, but does not plan to open any other election polling offices beyond Hawaii and Guam.

Assistant Director further explained the office just submitted a proposed amendments to the national election law, C.B.

22-171 (“Revised National Election Act of 2022”), that will likely incur additional costs not included in the current proposed budget.
In regard to fixed assets line-item budget, Assistant Director testified the $30,000 requested is for the purchase of a vehicle for the office and still have an outstanding request for a vehicle purchase with the Department of Finance.

The Committee questioned the witness on increased costs where technical issues at polling office including but not limited to verifying voter registrations and transmitting votes.
Assistant Director testified there is no cost to the voter for technical issues and only takes the office approximately 10 minutes to address technical errors.

Assistant Director explained the special polling locations abroad can scan hardcopies of votes and submit the votes directly to the office to be counted.
The Committee questioned the witness on whether an FSM citizen whom goes to a special polling location abroad can vote if they only have their FSM passport or only have their election id (Voter Identification Card).

Assistant Director testified in response that any FSM Citizen can request to vote at a special polling location.

The special polling location will be able to refer to the voter registration and eligibility list for name/identity confirmation.

7 FY2023 Recommended Budget Book at 47.


- 8 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.


22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 Office of the Public Defender Acting Chief Public Defender testified the office requested an increase to the salary of all public defenders to $18,997 and increase in salary to $12,402 for all investigator personnel.8 Acting Chief Public Defender explained the public defenders are at different salary levels and the office needs to set a minimum salary level.
According to the FY2023 Recommended Budget, the salary of public defenders range from $13,973 to $19,902.9 The Executive rejected the office salary increase request.

The Committee raised concern on the Office of the Public Defender request for an across-the-board salary increase for all public defender’s irrespective of the particular employee satisfying the requirements for each raise in pay level and step level.
The Acting Chief Public Defender responded the purpose of the increase is to have the salary budget there and available for each attorney position as the attorney’s work their way up, and give the attorney’s something to look forward to, where the unattractive salary package offered to public defenders makes it difficult to fill the attorney vacancies.
The Acting Chief Public Defender informed the Committee that upon conversations with the Office of Personnel, there should have been a request to the Office of Personnel to raising the pay and/or step level of the qualified attorneys.

Acting Chief Public Defender testified there are current public defenders who have worked as a public defender for 25 years that are earning less than public defenders with less years working at the office.
The Office of the Public Defender provided the Committee with the office’s FY2023 proposed budget breakdown.10 The proposed budget report justifies the request to increase the salary of all public defenders to $18,997 in order to adequately compensate public defenders for their qualifications and years of experience, complex legal case load, and commitment to the work.
According to the Office of the Public Defender, there is a great pay disparity between the FSM Public Defenders trial 8 FY2023 Recommended Budget Book at 395-396.

9 FY2023 Recommended Budget Book at 395-396.

10 Office of the Public Defender, Proposed Budget 2023, received May 11, 2022.

- 9 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.


22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 counselors and attorneys in the Micronesia legal services corporation in the FSM, Palau, Marshall Islands, CNMI, and Guam, where a MLSC trial counselor in Pohnpei has a $23,000 salary after only 5 years of experience.
The New 2021 MLSC Salary Scales show that trial counselors in Pohnpei salary is $23,000 at step level 6, but due to funding constraints, according to the MLSC Executive Director, the MLSC only pays 93% of the salary the person is entitled to across all MLSC Salary Scale levels.

As such a trial counselor in Pohnpei at step level 6 is actually earning $21,390 per year.
The proposed budget report justifies the office request to increase the salary of all investigators to $12,042 because of the additional certifications and skills required of investigators: Criminal Defense Investigation Certification Course, development of techniques to gather evidence to address the growing complexities in criminal defense investigations of human trafficking and fraud, heavy case-loads as provide investigation services to as many as three trial counselors and two staff attorneys, and provide testimony in court.
According to the Office of the Public Defender, the office investigators make less than the $1,450 average monthly salary of investigator in Micronesia per the 2022 Salary Explorer data.

In regard to the travel line-item budget, the Department of Finance FY2023 budget submitted to Congress for the Office of the Public Defender contains an error on the proposed (requested) travel budget.
Per the Office of the Public Defender FY2023 proposed budget, the department requested $105,675 for travel in their memorandum to the President.11 However, the budget submitted from the Department of Finance states the proposed budget for travel is $38,476 and the Office of the Public Defender Proposed Budget Level sheet states $38,476.12 The Office of the Public Defender requests the Committee to consider and approve the office’s proposed travel budget of $105,675 for FY2023.13 The justification is the 11 Office of the FSM Public Defender, Proposed Budget 2023, dated Jan. 15, 2022 at 1.
12 Office of the FSM Public Defender, Proposed Budget 2023, dated Jan. 15, 2022 at 6.

13 Office of the FSM Public Defender, Proposed Budget 2023, dated Jan. 15, 2022 at 1.

- 10 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.


22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 increase in travel for state conflict cases and there are issues with return flights due to rescheduling and engine problems that force the public defenders and their staff attorneys to have to extend their stay in the state for cases.

The Office of the Public Defender currently has 2 cases in Kosrae, and 2 Chuuk/Pohnpei state conflict cases.
In regard to the increase in contractual services line-item budget, the $12,000 increase from $128,394 in FY2022 Approved Budget to $140,394 in FY2023 Recommended Budget is due to leasing costs for the new chief public defender office.14 Acting Chief Public Defender testified the chief public defender office was sharing space with the Pohnpei field office but need new separate space because the space was too congested with all the administrative and legal support staff needed for the functioning and operation of both the Pohnpei field office and the chief public defender office.
Acting Chief Public Defender further explained the current office is also dealing with ongoing issue with squatters in the office building.

The Chief Public Defender office will now lease an office in a separate building and the lease is 1,200 per month.

In regard to the fixed assets line-item budget, Acting Chief Public Defender testified the $46,900 fixed assets proposed budget request is for a vehicle for Yap office.
Acting Chief Public Defender explained the Yap office has a small vehicle they have used for the last 5 years and the office needs to upgrade to an SUV or Toyota Tacoma.

The Executive rejected the Office of the Public Defender $46,900 request for fixed assets line-item and recommended $0 for FY2023.15 Although, in FY2022 Approved Budget, $46,900 was approved for the fixed assets line item, which paid for a new vehicle for the Kosrae office.
Summary of J&GO Committee May 13, 2022 Public Hearing: On May 13, 2022, the Committee on Judiciary and Governmental Operations held a budget hearing on the FSM Judiciary Branch Fiscal Year 2023 Recommended Budget and Proposed Budget.

14 FY2023 Recommended Budget Book at 395.

15 FY2023 Recommend Budget Book at 395.

- 11 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.


22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 J&GO Committee Members present at the hearing was: Chairman Robson U. Romolow.

The witnesses present at the hearing were: Director of Court Administration Emeliana Musrasrik-Carl, National Justice Ombudsman Johnny Peter, and IT manager Ivan Kenaka.

The Committee Chairman opened the hearing by welcoming the witnesses, congressional members, staff, and public present at the hearing.
The Committee Chairman detailed a summary of the FY2023 Recommended Budget and changes in the budget based on the FY2022 Approved Budget.

The Committee Chairman asked the witnesses to justify the changes and/or increases in the FY2023 Recommended Budget for the Judiciary Branch.

Director of Court Administration testified the FY2023 Proposed Budget of $2,359,266 reported in the FY2023 Recommended Budget Book is correct.
The line-item budget for personnel ($1,343,038) and travel ($185,978) are the same as FY2022 Approved Budget.16 Director of Court Administration testified the $83,900 line-item budget increase in contractual services from $394,300 in FY2022 to $478,200 in FY2023 is for the renovation of the Chief Justice compound.

Director of Court Administration explained the Chief Justice compound is an old building that requires a lot of work.
Director of Court Administration further explained the estimated costs of the renovation is $90,000, but the $83,900 request should be sufficient.

The FSM Supreme Court will request more funding for Congress if they need more funding to cover the renovation costs.

Director of Court Administration testified the increase in current expenditures from $228,050 in FY2022 to $248,050 in FY2023 is due to inflation.
Director of Court Administration testified the request for fixed assets increase from $60,000 in FY2022 to $104,000 in FY2023 is to purchase two vehicles for the Supreme Court.

16 FY2023 Recommended Budget Book at 435.

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22-49 RE: Presidential Communication No.


22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 The Committee questioned the Supreme Court’s increasing costs on spearheading the organizing the debate competition and debate teams for FSM Law Day, and inquired as to the Court’s financing the in-state debates.
Director of Court Administration testified that FSM Law Day budget of $100,000 under grants and subsidies is sufficient to cover the FSM Law Day and organizing the debate costs.17 Director of Court Administration explained that that $100,000 is allocated to provide scholarships for students to compete at national debate level, with each student receiving $200.
Director of Court Administration explained that each state at a minimum have two debate teams at the state level, Pohnpei has two debate teams, Chuuk has four debate teams.

Director of Court Administration further explained the Court is looking to expand the number of teams per state that are able to compete at the state and national level, with 5 teams per state able to compete at the state level and 2 teams per state able to compete at the national level.
The Supreme Court is not funding the state debates, but the Court position is the Court should and are looking into increasing support for the state debates.

The Supreme Court does provide logistical support to the state debate teams.
Director of Court Administration requested Congress to approved $1.28 million in funding to cover the costs for the Supreme Annex building.18 Director of Court Administration explained that this is a priority project and should be seriously be considered by both the Congress and Executive for the safety and security of the Supreme Court justices’ chambers and court attorneys.
The Supreme Court library, a public library, will also be relocated to the proposed annex building, separate from the main Supreme Court building, to maintain the separation of the public and private areas of the Supreme Court.

The $1.28 million request is based on an October 2020 assessment by R.S.

Roque Architects & Construction Services, which quoted the Supreme Court annex building cost estimate at $1,288,826.

This is 17 FY2023 Recommended Budget Book at 43.


18 FSM Supreme Court, Chief Justice Dennis K. Yamase Letter to President, dated Oct. 13, 2020.

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22-49 RE: Presidential Communication No.

22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 revised assessment from a prior assessment estimate of $2,746,416.

The Committee asked the witnesses for final hearing statements.
Director of Court Administration raised concern on Congress passing a law to establish and fund a trust fund for retired FSM Supreme Court Justices.

Director of Court Administration further expressed support for the bill establishing the Former Supreme Court Justice Benefit Trust fund for former FSM Supreme Court Justices, C.B.

22-68.
22-68.

The Committee raised question on the estimated long-term costs of a trust fund for retired FSM Supreme Court Justices based on average retirement age and consideration of life expectancy Director of Court Administration testified that cannot provide any precise numbers on average retirement age or anticipated costs for the trust fund, but explained there are currently only two retired FSM Supreme Court Justices that are living: retired Justice King and retired Chief Justice Yamase.
Generally, Supreme Court Justices resign from the Court for health reasons, because the FSM Supreme Court judgeship is a lifetime appointment with the understanding that Supreme Court Justices will remain on the court for life.

According to the Director of Court Administration, the retirement of FSM Supreme Court Justices is not a common occurrence and the trust fund for retired Supreme Court Justices should not be too costly.

C.B.
C.B.

22-68, would entitle former justices to receive the 100% of the monthly salary the former justice would have received for the rest of the former justice life.

For clarity purposes, C.B.

22-68 would entitle former justices, not necessarily justices who have retired.

A former justice could have resigned from their position on the FSM Supreme Court and not be retired.
Summary of J&GO August 3, 2022 Public Hearing: On August 3, 2022, the Committee on Judiciary and Governmental Operations held a budget hearing on the Department of Justice - 14 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.

22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 Fiscal Year 2023 Recommended Budget and Proposed Budget.
The Department FY2023 Recommended Budget is $6,212,947.19 H&SA Committee Members present at the hearing were: Chairman Robson U. Romolow, Speaker Wesley W. Simina, and Senator Issac V. Figir.
The witnesses present at the hearing were: Assistant Secretary of Budget Sohs John, Secretary of Justice Joses R. Gallen, Chief of Litigation Jeffrey Tilfas, Chief of Law Leonito Bacalando Jr., assistant attorney generals, Chief of Labor Ricky Falcam, Assistant Secretary of Cybersecurity & Intelligence Division Adam Caldwell, Administrative Officer Renee Hallens, Registrar of Corporations, and Deputy Registrar of Corporations Berthold Edmund.
The Committee Chairman opened the hearing by welcoming the witnesses, congressional members, staff, and public present at the hearing.

The Committee Chairman detailed a summary of the FY2023 Recommended Budget and changes in the budget based on the FY2022 Approved Budget.

The Committee Chairman asked the witnesses to justify the changes and/or increases in the FY2023 Recommended Budget in comparison to FY2022 Approved Budget for personnel, contract services, and other current expenditures.
Secretary of Justice began his testimony with opening remarks on discussing how the increases to the Department of Justice budget request reflect increases in personnel salary and benefits, travel budget, and operation costs for identified divisions.

Secretary detailed how funds are needed to cover the personnel salary costs for police officers and 30 to 40 person crew for the 4 smaller patrol boats under the grant from Japan (C.R.
22- 136) and travel costs for surveillance officers, under the Division of Border Control & Maritime Surveillance, to pick up the remaining patrol boat from Australia.

Secretary of Justice explained the patrol boat delivery was originally budgeted for FY2022, but picking up the patrol boat was delayed to FY2023.

There is no request for diesel fuel because the grant from Japan 19 FY2023 Recommended Budget Book at 337.

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22-49 RE: Presidential Communication No.


22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 will likely cover the 4 smaller patrol boats fuel for at least 1 year (C.R.

22-137).

Office of the Secretary The Executive FY2023 Recommended Budget for the Office of the Secretary FY2023 is $510,681.20 Secretary of Justice testified the office budget increase of $58,000 in comparison to the FY2022 Approved Budget is to cover the increase in contractual services.
Contractual services for Clement Yow Mulalap has increased from $180,000 in FY2022 Approved Budget to $238,000 in FY2023 Recommended Budget.21 Secretary explained the cost of Clement Yow Mulalap attorney services have increased.

Secretary explained that Clement Yow Mulalap provides legal counsel to the FSM attaché’ to the United Nations Mission in New York.
Committee Chairman questioned the Secretary of Justice on whether the increase cost for attorney services are for a new contract or to cover the cost of an existing contract.

Secretary of Justice testified the increase attorney service costs are in addition to an existing contract and mostly reflect increase of professional premium for lawyers,22 and to cover travel expenditures per the contract agreement.
Secretary of Justice requested the Committee to consider the office salary increase request for the Secretary of Justice.
The Secretary salary request is for $106,000.23 Secretary testified the President signed a contract for the salary increase, but his salary increase was not approved because not budgeted into Department fiscal year budget.24 Secretary explained that his salary increase was supposed to align with the pay salary increase that Public Service System attorneys 20 FY2023 Recommended Budget Book at 338.

21 FY2023 Recommended Budget Book at 340.


22 Contract attorneys including attorney services under contractual services are not eligible for professional premium.

P.L.

No.

21-224 provides professional premium only to Public Service System employees, not contractors.

23 FY2023 Recommended Budget Book at 339.

24 Congressional appropriation laws are not a valid nor legally binding mechanism for purposes of salary contracts.

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22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 received by virtue of the professional premium increase.25 Secretary explained that his current salary of $76,000 is based on the $40,000 minimum salary for Executive Cabinet members plus a 90% pay scale to align with the professional premium available for PSS salaries prior to the increase in the professional premium by law.
Assistant Secretary of Budget testified that Budget did not recommend the Secretary of Justice salary increase per the President’s instruction to maintain all Executive Cabinet member salary at current salary for FY2023.

Assistant Secretary explained that he is not aware of any salary contract between the President and Secretary of Justice nor the Department of Finance clearing any such salary contract.
Division of Litigation The Executive FY2023 Recommended Budget for the Division of Litigation is $525,328.26 The Division requested an overall increase to assistant attorney general salaries and to cover the salary of a new position of assistant attorney general in Yap.27 Budget did not recommend the salary increases to the assistant attorney general positions nor funding of new assistant attorney general position in Yap.
Secretary of Justice testified the increase of the assistant attorney general salaries from $50,000 to $58,740 is requested to align with the 150% professional premium now provided by law for attorneys.

Secretary testified that 2 assistant attorney general positions remain vacant, including 1 in Chuuk.

Secretary testified the proposed new assistant attorney general position in Yap also is vacant.

Secretary testified the $9,000 25 P.L.

No.


21-224 provided increase to professional premium (from 90% up to 150%) to Public Service System employees, not any other government employees including Executive Cabinet members.

26 FY2023 Recommended Budget Book at 341.

Division of litigation personnel budget inaccurately reflects total of $469,616, should be $469,617, and thus division total budget is inaccurately reported as $525,327.

27 FY2023 Recommended Budget Book at 342.


- 17 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.

22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 increase in FY2023 Recommended Budget to fixed assets28 is to cover the costs for desks at the division offices in the states.
Division of Anti-Human Trafficking The Executive FY2023 Recommended Budget for the Division of Anti-Human Trafficking is $204,999.29 The Division’s request for four (4) additional investigator positions was not recommended by Budget.30 The additional investigator positions would add 1 investigator to each division state office.

Currently, each state only has 1 investigator and the investigator position in Yap is vacant.
Secretary of Justice testified the division requested $75,000 in fixed assets to cover the costs of new vehicles for its division offices in Yap, Kosrae, and Chuuk.

Secretary explained these vehicles are old and need to be replaced.

Secretary stated the cost of 3 new vehicles is $75,000.

Assistant Secretary of Budget testified that division budget request for new vehicles was denied in accordance with the President instruction to not approve any fixed assets budgetary requests for vehicles.
Division of Law The Executive FY2023 Recommended Budget for the Division of Law is $524,526.31 Secretary of Justice testified the personnel salary increase from $351,834 in FY2022 to $472,857 in the FY2023 is cover the salary of new assistant attorney general positions under the division.

Secretary explained that 2 new assistant attorney general positions at a salary of $58,740 justify the personnel salary increase.
Secretary testified that 2 new assistant attorney general positions are necessary to 28 FY2023 Recommended Budget Book at 343.

29 FY2023 Recommended Budget Book at 344.

30 FY2023 Recommended Budget Book at 345.

31 FY2023 Recommended Budget Book at 347.

- 18 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.

22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 handle the increased volume of work assigned to the division.
Secretary explained that division workload has steadily increased, namely with increase in the congressional appropriation of public projects, which requires division legal review and work on subsequent contract agreements.
Chief of Law testified the divisions travel budget request of $182,46232 is based on the estimated costs of travel needs from current requests from the President office for the Division attorney’s to travel with the President to conferences, and international meetings and events, where the President may need legal advice.

Chief of Law explained that it difficult to predict the budgetary needs for travel, but the division always finds itself short for budgetary travel.
Secretary provided that 1 assistant attorney general position has been filled and 1 assistant attorney general position remains vacant.

Secretary explained that recruitment was impacted by the COVID-19 lockdown, but with the border opening recruitment should be easier and looking to recruit FSM citizens.

Committee asked the Secretary of Justice whether the Division of Law is responsible for implementation of the deep seabed mining act.
The Committee questioned the division’s need for additional assistant attorney positions per their budgetary request when the President issued a moratorium on deep sea mining on July 10, 2022, and inquired whether legal advice will still be needed in this area of law.

Secretary testified the Division of Law is responsible for implementation of the deep seabed mining act.
Secretary explained the division made a prior budget request to cover the costs for an air and space expert, and law of the sea consultant as part of implementation of the act.

Secretary further explained that even with the deep sea mining moratorium there is substantial work the division must still complete.

32 FY2023 Recommended Budget Book at 348.

- 19 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.


22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 Chief of Law testified the deep sea mining moratorium only places a pause on the exploration and actual mining, but not the legal research and law development in the area.

Chief of Law explained the division still needs to work on developing the legal and environment framework, including drafting deep sea mining regulations which is part of the implementation of the deep seabed mining act.
Chief of Law added the FSM Continental Shelf Claim of 188 square kilometers (72,500 square miles) in the North of Yap filed with the United Nations Commission on the Limits of the Continental Shelf is likely an additional area where the deep seabed mining act and regulations will be necessary.

Chief of Law explained the Continent Shelf Claim is an ongoing claim that will requires ongoing legal efforts.
Registrar of Corporations The Executive FY2023 Recommended Budget for the Registrar of Corporations is $110,380.33 The Registrar requested $33,00034 in fixed assets budget but Budget did not recommend.

Secretary testified that $30,000 is needed to replace the office old vehicle.

Secretary explained the vehicle is working but is 10 years old and needs to be replaced.
Registrar requested the Committee consider the office travel budget request for $12,120 because the office is expecting to have to conduct more work visiting offices and working with more corporations with the border opening.

Registrar also requested the Committee to consider the office fixed assets budget request for office supplies because the office needs desk top computers.
Division of Immigration & Passport Services The Executive FY2023 Recommended Budget for the Division of Immigration & Passport Services is $936,416.35 33 FY2023 Recommended Budget Book at 350.

34 Id.

35 FY2023 Recommended Budget Book at 353.

- 20 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.


22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 Assistant Secretary of Budget testified the slight decrease in the personnel salary from $653,770 in FY2022 Approved Budget to $651,861 in FY2023 Recommended Budget is due to correcting the benefit and COLA calculation.
Secretary of Justice testified the division’s other current expenditures budget request for $195,58236 is justified to cover increased internet, utilities, and communication costs, including utilities at the Pohnpei airport.

The division OCE budget increased by $44,000 from the $151,582 in the FY2022 Approved Budget.
Noteworthy, majority of the $44,000 increase to the OCE budget is due to budgetary request for computers at $25,000 and uniforms at $24,000 ($17,000 increase),37 not utilities, internet or communications.

The utilities, communications, and internet costs remain the relatively the same for the FY2023 Recommended Budget as the FY2022 Approved Budget.38 There is only slight increase is $2,000 for the Pohnpei airport utilities.
Administrative Officer testified the division request for computers and uniforms is for new airport staff.

Division of Labor The Executive FY2023 Recommended Budget for the Division of Labor is $333,294.39 Secretary testified that the Division requested increase to personnel salary to cover the creation of 8 new positions, but Budget did not recommend.

The Division currently has 10 full time employees and sought to create 4 additional labor officers and 4 labor officer support staff positions.
Secretary explained the Division is expected to work more closely with foreign laborers and their employers to ensure fair treatment of foreign workers in the country.

Secretary further explained that will need new positions to implement this work in the four states and travel to the states to check on foreign workers.

36 FY2023 Recommended Budget Book at 356.

37 FY2023 Recommended Budget Book at 357.

38 Id.

39 FY2023 Recommended Budget Book at 358.

- 21 - STANDING COMMITTEE REPORT NO.


22-49 RE: Presidential Communication No.

22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 Chief of the Division of Labor requested the Committee to consider the division’s travel budget request for $17,000.

Chief also explained the Division budgetary request for $100,000 in fixed assets is for the purchase of 3 new vehicles for the office.40 Budget did not recommend the division’s fixed assets request.
Assistant Secretary for Budget testified that Budget overall has not recommended travel budget increases and maintain the COVID- 19 travel budgets.

Assistant Secretary added that Budget did increase the division’s travel budget from $2,835 to $4,961 because no division has a travel budget less than $4,000 and bumped travel budget up around 50% to provide realistic travel budget for at least the 1st and 2nd quarter of the next fiscal year.
Assistant Secretary also explained that Budget Office did not recommend any budget approval for the purchase of vehicles per the President’s instruction.

Committee Chairman raised point on the Division field offices’ need for hand held radios to help address communication difficulties.

Chairman noted concerns where cell phone’s lose signal or cut off, which makes staff unreachable.
Division of Investigation & Protection Services The Executive FY2023 Recommended Budget for the Division of Investigation & Protection Services is $1,329,516.41 The Division requested $181,000 for fixed assets budget, but Budget did not recommend.42 Secretary of Justice requested the Committee to consider the Division’s budgetary request for fixed assets, because the $181,000 necessary to purchase 9 police vehicles ($167,000) for the national police in Yap, Kosrae, and Chuuk, and cameras ($14,000).
Secretary explained that the current national police vehicles provided to the Yap, Kosrae, and Chuuk were not 40 FY2023 Recommended Budget Book at 360.

41 FY2023 Recommended Budget Book at 361.

42 FY2023 Recommended Budget Book at 365.

- 22 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.

22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 purchased new, but were old national police vehicles used by the national police in Pohnpei.
Assistant Secretary for Budget testified that Budget was not aware new police vehicles were needed as the national police state offices were recently established in the last 5 years.

Further, the Assistant Secretary was implementing the President instruction not to recommend any request for new vehicles.

Assistant Secretary noted that Budget has received request for over 20 new vehicles from the Executive Departments.
Division of Border Control & Maritime Surveillance The Executive FY2023 Recommended Budget for the Division of Border Control & Maritime Surveillance is $1,566,601.43 The Division requested a budget of $2,882,954, but Budget did not recommend.
The majority of the Division’s budget request was for personnel at $2,218,269, over a $1.1 million increase from FY2022 Approved Budget for personnel at $1,096,411.44 The division personnel will increase from 82 to 151, 69 new positions.45 Secretary of Justice testified the Division’s budget request is justified to cover the cost of the new crew needed to fully man the 4 patrol boats from Japan.
Secretary requested Committee to consider the Division’s request because the patrol boats are a tremendous asset to securing the country’s coastline and country’s law enforcement.

Secretary explained that the patrol boats (surveillance vessels) will be used to patrol the country’s exclusive economic zone (12 to 200 nautical miles), 24 nautical mile conservation zone, and assist the states in patrolling the 12 nautical mile zone.
Secretary added that the patrol boats will be also used to respond to emergencies, 43 FY2023 Recommended Budget Book at 367.

44 Id.

45 Id.

at 368.

The new positions include: 16 deckhands, 16 electricians, 16 engineers, 11 watchkeeper/unity crew positions, 7 inspection officers, administrative specialist, new chief of division position, and new SAR coordinator position.

Id.

at 370–372.
Id.

at 370–372.

Noteworthy, there are 9 vacant positions in the division remaining from FY2022: 8 surveillance officer and 1 chief petty officer.

- 23 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.

22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 conduct search and rescues, medivac citizens in distress on the outer islands, and increase ability to reach outer island airports.
Committee Chairman questioned how the current personnel crew on the current 3 vessels will be apportioned and how many crew necessary to fully man the 4 patrol boats from Japan.

Secretary of Justice testified the current crew staffing the current 3 vessels is enough crew to fully man the two new bigger vessels coming from Austraila, including the Nakayama.

Secretary testified that approximately 10 crew members are needed to man each patrol boat, for a total of 40 crew members for the 4 vessels.
Committee questioned the Division on the total estimated operation cost for the 4 new patrol boats.

Secretary of Justice did not have exact details on the total operation costs for each vessel, but testified that the estimated operation costs initially was $10 million for the first few years.

Secretary explained that and the $10 million anticipated cost included the vessel purchases.
However, since the FSM was able to procure the vessels through foreign grants or in-kind donations, the Secretary of Justice envisions that the total operational costs will be much less than the anticipated $10 million.
Most of the future operation costs in the immediate future will focus on the building and establishment of infrastructure for the vessel stations in the states, storage of fuel, water, and other related crew provisions, in addition to building up communications infrastructure for the surveillance boats.

Division is seeking foreign grant funding to cover some of the infrastructure and maintenance costs for the patrol boat stations.
Assistant Secretary testified that Budget did not recommend the increase salary positions based on limited information that the current crew size would be able to fully man the 2 new surveillance vessels replacing the current 3 surveillance vessels and viewed the doubling of division employees as unnecessary based on this information.
Assistant Secretary for Budget added that Budget was not aware of the need for additional crew to fully man 4 new patrol boats at the time the - 24 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.

22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 recommended budget was produced.

Assistant Secretary provided that Budget reassess in light of the hearing testimony.
Committee questioned the Division on the expected timing of the larger surveillance vessel from Australia and the 4 patrol boats from Japan.

Committee raised this question in respect to the actual budgetary need for the crew staff in this fiscal year, rather than a supplemental, when Congress just approved the grant from Japan for 4 patrol boats.
Secretary for Justice testified that important for the Division to have the budget available to support the additional crew because want to have the money to hire the new crew as soon as possible.

Secretary explained the Division wants to have the crew undergo training specific to the new vessels and other requirements, if not funded by Japan.
Division of Cyber Security and Intelligence Services The Executive FY2023 Recommended Budget for the Division of Cyber Security and Intelligence Services is $171,206.46 The Division is a new division created in 2021 by the President.
The Division recommended the creation of 18 personnel positions to staff the division, but Budget only recommended 4 personnel positions.47 Secretary of Justice testified the new cyber security division was created to address the country’s cyber security and build up the country’s law enforcement on cyber-crimes.

Secretary explained the importance of the division for the country’s national security.
Secretary discussed how the division assistant secretary has already begun division work by assisting in FSM becoming a member of INTERPOL.

Secretary added that employees with the requisite skills are necessary for the division to fully operate, namely cyber law enforcement data specialists, and forensics examiner, as the assistant secretary of the division cannot do the job by himself.
Division staff is needed to conduct cyber analysis because a lot of cyber related 46 FY2023 Recommended Budget Book at 375.

47 FY2023 Recommended Budget Book at 376.

- 25 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.

22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 activities that are hurting people and criminals are getting away with it, like internet crimes, theft, damage to reputations.
Assistant Secretary testified Budget’s recommendation for only 4 division personnel because the division is newly established and the division needs to first initiate its actual function and duties to truly determine what staff is currently necessary to support current workload.
Assistant Secretary recognized the importance of cyber forensics and the division duty, which was the driver behind the recommended $673,000 to the division under Capital investments to buy hardware to build the necessary infrastructure.48 Assistant Secretary for the Division of Cyber Security & Intelligence Services testified the division will need the requested budget to address the increased cybersecurity activity in the nation and will need the personnel to enforce the cybercrimes bill pending before Congress.
Assistant Secretary explained the division will need 5 data specialist for law enforcement purposes and 5 data specialists for forensics.

Assistant Secretary further explained that he will need help to continue his work with INTERPOL.

Assistant Secretary asked the Committee to consider the Divisions’ full budgetary request and encouraged Congress to pass cybercrimes bill.
Committee questioned the Division’s classification of the Assistant Secretary for the Division paygrade as “exempt” and justify the proposed $85,000 salary for the position.49 Chief of Law Division testified the cyber security division is necessary.
Chief of Law discussed that since this is the first time the national government has required cybersecurity personnel as part of its full time employee staff, the Office of Personnel needs to evaluate the cyber-technology division positions, classify the positions under the Public Service System and establish the qualifications.

Chief of Law added that the skill sets of a qualified cyber security professional 48 FY2023 Recommended Budget Book at 493.

49 FY2023 Recommended Budget Book at 376.


- 26 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.

22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 are unique and that is why United States salaries for similar cyber related positions was used as a guide for the proposed salary of the assistant secretary and division positions.
Assistant Secretary for Budget testified to his understanding of the proposed salary positions for the division are based off salary standards for similar cyber positions in Hawaii.

It is important to note that no assistant secretary position is exempt from the Public Service System.

Only the Executive Cabinet level secretary positions can be exempt by the President under law.

52 FSMC § 117, as amended by P.L.

Nos.


20-152, 22- 05.50 All PSS employees are subject to the base salary schedule in accordance with the appropriate pay grade and step level under law.

52 FSMC § 205, as amended by P.L.

No.

21-237.

Committee questioned whether the Division can operate under the current recommended budget for FY2023 and how the Division will operate if the cybercrimes bill is not passed.
Committee also expressed concern with the Division seeking to create dozens to staff dozens of positions when the Division’s work is conditioned on Congress passing the cybercrimes bill.

C.B.

No.

22-69.

Secretary of Justice testified the Division’s work also entails continue work with INTERPOL.

Secretary of Justice explained the Division must operate the INTERPOL computers and machines installed 24/7 for INTERPOL related activities occurring around the world.
Secretary of Justice further explained that part of the FSM obligation as a member of INTERPOL is to share information with INTERPOL and act on their behalf upon request where criminals wanted by INTERPOL are in the country.
Secretary requested the Committee also consider a $18,000 50 Noteworthy, the assistant secretary salary of $85,000 is significantly higher than any other assistant secretary position in the Department of Justice and the Secretary salary position as provided in the FY2023 Recommended Budget.

FY2023 Recommended Budget recommends the Secretary salary position at $76,000, although the department request was for $106,000.

Compare FY2023 Recommended Budget Book at 339 with FY2023 Recommended Budget Book at 376.
- 27 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.

22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 supplemental request to cover the costs of the INTERPOL computers and machines.

Committee questioned the Division’s duties and functions, specifically whether the Division will be used to support the President’s proposed national intelligence infrastructure referenced in his June 22, 202251 letter to Congress.
Committee questioned whether the Division will engage in surveillance outside of INTERPOL and engage in data collection, monitoring and retention.

Secretary of Justice testified that he cannot say for sure how the assets of the Cyber Security Division will be used, but the Department of Justice is not going adopt or use the Cyber Security Division to engage in surveillance or data collection.
Secretary added that the Department is not going to tap facilities and communication tools for the purpose of gathering intelligence.

Secretary explained that the Division just wants to be able to respond to cybersecurity threats and crimes, and analyze cybersecurity threats.
Committee Chairman concluded the hearing by thanking all the witnesses for their testimony and affirming the Committee will consider all testimony and information provided at the hearing when considering the Committee’s budget recommendation to Congress.

COMMITTEE FY2023 BUDGET RECOMMENDATIONS On August 16, 2022, the Committee on Judiciary & Governmental Operations held a meeting on the FY2023 Budget.
The Committee on Judiciary and Governmental Operations reviewed the FY2023 Recommend Budget for the departments, divisions, and offices assigned to the Committee.

The Committee considered the testimony from the May 2022 and August 2022 budget hearings, and 51 P.C.

No.

22-267, received June 22, 2022.

- 28 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.
22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 documents received from the Department of Justice,52 Office of the Public Defender53, Office of National Election,54 and FSM Supreme Court.55 The Committee’s FY2023 Budget recommendations are set forth in this report in the columns titled “FY23 Committee Recommended Budget.” Your Committee makes the additional recommendations below: 1) Department of Justice require all their Divisions to update all employee personnel files with the Office of Personnel to accurately reflect employees pay grade salary under P.L.
No.
21-237; 2) Division of Investigation and Protection Services to transition the police officer contract positions to permanent positions under the Public Service System (PSS); 3) Office of Personnel to classify the Office of National Elections personnel positions under the PSS to afford employees permanent employment, and PSS benefits and protections; and 4) Office of Personnel to classify the Division of Border Control and Maritime Surveillance new positions of engineer, electrician, and deckhand under the PSS.
I.

OPERATIONS FISCAL YEAR 2023 BUDGET: a.

Department of Justice In accordance with the below detailed breakdown and comments on the Department of Justice FY2023 Recommended Budget, your Committee recommends the Department of Justice to be funded for FY2023 at $7,127,199.
The Department of Justice is funded by the General Fund.56 FY2022 Approved Budget (Domestic Revenue)57 $4,015,412 FY2023 Executive Recommended Budget (Domestic Revenue) FY2023 Committee Recommended Budget (Domestic Revenue) $4,291,294 $4,695,064 Personnel 57 FY2023 Recommended Budget Book at 27, 331-377 - 29 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.
22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 Travel Contract Services Other Current Expenditures Fixed Assets Total $151,196 $774,338 $818,142 $113,000 $5,872,088 $158,322 $821,042 $844,342 $219,886 $794,679 $887,442 $9,000 $6,124,000 $393,000 $7,127,199 In summary, the significant increases to the FY2023 Committee Recommended Budget for the Department of Justice in comparison to the FY2022 Approved Budget are for personnel ($679,652 increase) and fixed assets ($280,000 increase).
The personnel budget increases are to cover salary increases for PSS employees pay grade classification in accordance with P.L.

No.

21-237 and professional premiums under P.L.

No.

21-224.

The personnel budget increase also covers the increase in number of employees, namely to the Division of Border Control & Maritime Surveillance.
The Committee Recommends the FY2023 Budget for each Department of Justice division and office to be funded as follows: Unit/Office/Division FY2022 Approved Budget FY2023 Executive Recommended Budget Office of the Secretary $452,681 $510,681 FY2023 Committee Recommended Budget $458,085 53 The Office of the Public Defender submitted the Office FY2023 proposed budget dated January 15, 2022 to the President, which details the Office request and justifications at the May 11, 2022 hearing.
54 The Office of National Election submitted justifications for the administrative office and voter id coordinator positions at the May 11, 2022 hearing.

55 The Supreme Court submitted the FSM National Law Day 2023 budget project proposal and resubmitted the October 13, 2020 Supreme Court Annex Building proposal at the May 13, 2022 hearing.

56 FY2023 Recommended Budget Book at 63.

57 FY2023 Recommended Budget Book at 27, 331-377 - 30 - STANDING COMMITTEE REPORT NO.
22-49 RE: Presidential Communication No.
22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 Division of Litigation Division of Law Division of Anti- Human Trafficking Registrar of Corporations Division of Immigration & Passport Services Labor Division of Labor Division of Investigations & Protection Services Division of Border Control & Maritime Surveillance Division of Cyber Security & Intelligence Services TOTAL $516,327 $525,328 $654,333 $413,504 $139,331 $524,526 $136,331 $456,975 $282,127 $109,717 $110,380 $142,586 $912,743 $936,416 $956,039 $324,046 $1,329,516 $333,294 $1,329,516 $499,407 $1,686,719 $1,694,401 $1,566,601 $1,716,672 - $171,106 $137,128 $5,892,266 $6,144,179 $7,127,199 i.
Office of the Secretary58 The Committee recommends the Office of the Secretary to be funded for FY2023 at $458,085 in accordance with the chart below.

58 FY2023 Recommended Budget Book at 338-340.

- 31 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.

22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 Line Item FY22 Approved Budget Difference (+/-) Btwn.
FY22 Approved Budget & FY23 Proposed Budget FY23 Proposed Budget FY23 Executive Recommended Budget FY23 Committee Recommended Budget Personnel Travel Contractual Services Other Current Expenditures Fixed Assets $0 Total $167,779 + $38,826 $8,563 + $23,147 $256,000 + $58,000 $20,340 0 0 $452,682 + $119,973 $206,605 $167,779 $31,710 $8,563 $314,000 $314,000 $166,745 $15,000 $256,000 $20,340 $20,340 $20,340 $0 $572,655 $510,682 $0 $0 $458,085 The Committee recommends the Office of the Secretary personnel budget for the Office to be funded at $166,745, which includes benefits and COLA for 6 full time employees.59 The Committee recommends the Office contractual services budget for the Office to be funded at $256,000 in align with the FY2022 Approved Budget due to budgetary considerations.
The Department of Justice personnel is increasing across the Department, namely in the Division of Maritime and by creation of the new Division of Cyber Security.

The Committee recommends that the contractual services budget line item for Clement Yow Mulalap to be funded at $180,000 based on the October 27, 2021 contract agreement.
The funding for Clement Yow Mulalap’s contractual services must only be appropriated to Clement Yow Mulalap for his contractual services in accordance with the October 27, 2021 contract agreement60 and subsequent renewal.

59 Office salary ($140,474) + benefits at 15% ($21,071.10) + COLA ($5,200) = personnel budget ($166,745.10).

Only 5 full time employees are eligible to receive COLA.
60 The Clement Yow Mulalap contract stipulates to: $95,000 for salary/contractual fee (p. 5, Section 3(A)), up to $47,500 for rent and health insurance (p. 5, Section 3(C)), up to $37,000 for contractor travel expenditures (p. 5, Section 3(D)), and up to $500 for bank fees for wire transfers (p. 6, Section 3(E)).

- 32 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.

22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 ii.
Division of Litigation61 The Committee recommends the Division of Litigation to be funded for FY2023 at $654,333 in accordance with the chart below.

Line Item FY22 Approved Budget Difference (+/-) Btwn.
FY22 Approved Budget & FY23 Proposed Budget FY23 Proposed Budget FY23 Executive Recommended Budget FY23 Committee Recommended Budget Personnel Travel Contractual Services Other Current Expenditures Fixed Assets 0 Total $472,832 + $126,956 $22,011 + $107,280 $10,700 + $2,500 $14,000 + $16,000 + $142,000 $519,543 + $394,736 $599,788 $469,616 $129,291 $22,011 $13,200 $10,700 $598,622 $22,011 $10,700 $30,000 $14,000 $14,000 $142,000 $9,000 $914,279 $525,328 $9,000 $654,333 The Committee recommends the personnel budget to be funded at $598,62262 to cover the increase salary costs of assistant attorney generals eligible for the professional premium under P.L.
No.

21-224. iii.

Division of Law63 The Committee recommends the Division of Law to be funded for FY2023 at $456,975 in accordance with the chart below.

61 FY2023 Recommended Budget Book at 341-343 62 Division salary ($516,923) + benefits at 15% ($77,538.45) + COLA ($4,160) = personnel budget ($598,621.45).

63 FY2023 Recommended Budget Book at 347-349.

- 33 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.


22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 Line Item FY22 Approved Budget Difference (+/-) Btwn.
FY22 Approved Budget & FY23 Proposed Budget FY23 Proposed Budget FY23 Executive Recommended Budget FY23 Committee Recommended Budget $351,834 + $121,023 $24,169 + $158,293 $20,000 + $240,000 Personnel Travel Contractual Services Other Current Expenditures Fixed Assets $10,000 -0- Total $7,500 -0- $413,503 + $519,316 $472,857 $472,857 $182,462 $24,169 $260,000 $20,000 $405,306 $24,169 $20,000 $7,500 $7,500 $7,500 $10,000 $0 $932,819 $524,526 $0 $456,975 The Committee recommends the Division of Law personnel budget to be funded at $405,306 to pay the salary of 5 assistant attorney generals and chief of law in accordance with the professional premium for eligible attorneys under P.L.
No.

21-224.

The Committee’s position is to retain the current number of assistant attorney generals in the Division due to budgetary considerations.

In addition, the Division’s scope of legal work required on deep sea bed mining is limited due to the moratorium on deep sea bed mining.

iv.

Division of Anti-Human Trafficking Division64 The Committee recommends the Division of Anti-Human Trafficking Division to be funded for FY2023 at $282,127 in accordance with the chart below.
64 FY2023 Recommended Budget Book at 344-346.

- 34 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.

22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 Line Item FY22 Approved Budget Difference (+/-) Btwn.
FY22 Approved Budget & FY23 Proposed Budget FY23 Proposed Budget FY23 Executive Recommended Budget FY23 Committee Recommended Budget $174,869 + $71,274 $5,130 $0 + $106,870 + $100,000 $25,000 + $7,000 Personnel Travel Contractual Services Other Current Expenditures Fixed Assets $3,000 Total + $85,000 $207,999 + $370,144 $246,143 $174,869 $112,000 $5,130 $100,000 $0 $171,997 $5,130 $0 $37,000 $25,000 $30,000 $88,000 0 $583,143 $524,526 $75,000 $282,127 The Committee recommends the Division of Anti-Human Trafficking personnel budget to be funded at $171,997 to cover the salary plus benefits and COLA for 10 full time employees.65 The Committee recommends the Division OCE budget to be funded at $30,000 in accordance with the $25,000 appropriated for FY22 Approved Budget plus $5,000 to cover the costs for professional and/or public safety grade handheld radios.
The hand held radios will enable more reliable communications between personnel and state field offices.

The OCE budget cannot be used to purchase cell phones.

Below is the OCE budget line breakdown for the Division: Communications - $5,000 Office Supplies - $7,000 Community Outreach Initiatives - $10,000 Maintenance & Repair - $3,000 Handheld radios (All states) - $5,000 65 Division salary ($140,519) + benefits at 15% ($21,077.85) + COLA ($10,400) = personnel budget ($171,996.85).
The Budget Book proposes the Assistant Secretary salary at $25,995, but under the PSS law, the maximum pay grade is 42/2 at a salary of $23,496.

The Division personnel budget accurately reflects the maximum salary for the Assistant Secretary position.

- 35 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.


22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 The Committee recommends the Division fixed assets budget to be funded at $75,000 to purchase three (3) government vehicles, one (1) vehicle each for the Yap, Kosrae, and Chuuk Division offices.

The fixed assets budget must only be appropriated for the purchase of a vehicle for the Yap, Kosrae, and Chuuk Division offices, not the Pohnpei Division nor headquarter offices.
v. Registrar of Corporations66 The Committee recommends the Registrar of Corporations to be funded for FY2023 at $142,586 in accordance with the chart below.

FY22 Approved Budget Difference (+/-) Btwn.
FY22 Approved Budget & FY23 Proposed Budget $79,706 + $663 $5,291 $15,000 -0- + $14,305 FY23 Proposed Budget FY23 Executive Recommended Budget FY23 Committee Recommended Budget $80,369 $80,369 $19,596 $5,291 $15,000 $15,000 $80,369 $7,497 $15,000 $9,720 + $2,400 $12,120 $9,720 $9,720 Line Item Personnel Travel Contractual Services Other Current Expenditures Fixed Assets 0 Total + $33,000 $109,717 + $50,368 $33,000 0 $160,085 $110,380 $30,000 $142,586 The Committee recommends the Registrar of Corporations travel budget at $7,497 to support registrar meetings with state officials on corporation matters and technical support/website upgrades in Saipan.
The Committee recommends the Registrar of Corporations fixed assets budget to be funded at $30,000 to cover the costs for the purchase of a government vehicle for the Registrar.

The fixed assets budget must only be appropriated for the purchase of the government vehicle for the Registrar.

66 FY2023 Recommended Budget Book at 350-352.

- 36 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.

22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 vi.
Division of Immigration and Passport Services67 The Committee recommends the Division of Immigration and Passport Services to be funded for FY2023 at $956,039 in accordance with the chart below.

Line Item FY22 Approved Budget Difference (+/-) Btwn.
FY22 Approved Budget & FY23 Proposed Budget FY23 Proposed Budget FY23 Executive Recommended Budget FY23 Committee Recommended Budget Personnel Travel Contractual Services Other Current Expenditures Fixed Assets 0 Total $653,770 -0- $6,215 $101,176 -$18,418 + $12,657 $151,582 + $44,000 + $125,000 $912,743 + $163,239 $651,861 $18,872 $82,758 $651,861 $6,215 $82,758 $656,585 $16,114 $82,758 $195,582 $195,582 $195,582 $125,000 $1,074,073 $936,416 0 $5,000 $956,039 The Committee recommends the Division of Immigration and Passport Services personnel budget to be funded at $656,585 to cover salary costs in accordance with Public Service System pay grade, plus benefits and COLA of 41 full time employees.68 The personnel budget salary of $656,585 reflects the accurate salary costs per the PSS pay grade.
The accurate number of full-time employees at the Division is 41, which reflects the departure of five (5) personnel from the Division, including four (4) personnel transfers to the Division of Labor.

67 FY2023 Recommended Budget Book at 353-357.

68 PSS pay grade levels in the FY2023 Recommended Budget Book does not accurately reflect the correct paygrade salary classification for all full time employees.
Division salary ($533,864.50) + benefits at 15% ($80,079.68) + COLA ($42,640) = personnel budget ($656,584.18).

The Division budget line Item “equalize pay” of $29,072 has been removed and not included in total personnel budget calculation.

See FY2023 Recommended Budget Book at 355.

- 37 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.


22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 The Committee recommend the Division travel budget to be funded at $16,114 to cover only the costs of immigration labor investigations and Division providing technical assistance to the state offices including IT upgrades.
The Committee seeks to make clear that the travel budget cannot be appropriated or reprogrammed to cover any costs related personnel training, the installation of passport work stations, nor international travel for conferences due to budgetary considerations and security constraints.
The Committee’s position is that any Division training can be provided through online electronic means and the Department of Foreign Affairs will install any necessary equipment related to passport workstations in their own offices.

The Committee recommends the Division fixed assets budget to be funded at $5,000 to cover the costs for the purchase of four (4) high speed scanners, one (1) for each Division office in Pohnpei, Kosrae, Chuuk and Yap.
The Committee does not recommend funding for the purchase of vehicles because the Division of Immigration retained and/or can use the government vehicles from the former joint Division of Immigration and Labor.

vii.

Division of Labor69 The Committee recommends the Division of Labor to be funded for FY2023 at $499,407 in accordance with the chart below.

69 FY2023 Recommended Budget Book at 358-360.

- 38 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.


22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 Line Item FY22 Approved Budget Difference (+/-) Btwn.
FY22 Approved Budget & FY23 Proposed Budget FY23 Proposed Budget FY23 Executive Recommended Budget FY23 Committee Recommended Budget Personnel Travel Contractual Services Other Current Expenditures Fixed Assets 0 Total $183,453 + $138,449 $2,835 + $14,165 $82,758 + $41,637 $55,000 + $145,000 + $100,000 $324,046 + $439,251 $321,902 $17,000 $124,395 $183,453 $4,961 $89,880 $185,890 $17,000 $121,517 $200,000 $55,000 $75,000 $100,000 $763,297 0 $333,294 $100,000 $499,407 The Committee recommends the Division of Labor personnel budget to be funded at $185,890 to cover the personnel salary, COLA and benefits for 10 full time employees.
The Division personnel budget at $185,890 includes funding the Chief of Labor salary increase to $21,115.70 The Committee does not support any new positions for this Division.

The Committee recommends the Division travel budget to be funded at $10,000 to cover the costs of only domestic travel and domestic OSHA/labor investigations.

The Committee seeks to make clear that the Division travel budget cannot be appropriated for international travel nor international conference costs.
The Committee recommends the Division contractual services budget to be funded at $121,517 as follows: Office Space (Lease for all states) - $78,000 Vehicle Maintenance (All states) - $5,000 Office Space Maintenance - $7,122 Three (3) Secretaries - $31,395 70 Division salary ($152,600) + benefits at 15% ($22,890) + COLA ($10,400) = personnel budget ($185,890).

- 39 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.


22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 The $31,395 for three (3) secretaries under contractual services must only be appropriated to cover the secretary’s wages and contractual services.
The Committee recommends the Division OCE budget to be funded at $75,000 as follows: Office Supplies - $10,000 Uniforms - $10,000 Utilities - $20,000 Communications - $15,000 POL (All States) - $20,000 The Committee recommends uniforms is funded at $10,000 because the Division only has a 10 full time employees.

In comparison to the Division of Immigration with 41 full time employees is requesting uniform budget of $24,000, for an average of $585 per employee.
The Division of Immigration and Division of Labor have the same uniform.

The Committee recommends the fixed assets budget at $100,000 for purposes of purchasing three (3) government vehicles, one (1) vehicle each for the Yap, Kosrae, and Chuuk Division offices.

The fixed assets budget must only be appropriated for the purchase of a vehicle for the Yap, Kosrae, and Chuuk Division offices, not the Pohnpei Division nor headquarters offices.

viii.
viii.

National Police - Investigation and Protection Services71 The Committee recommends the Division of Investigations and Protection Services to be funded for FY2023 at $1,686,719 in accordance with the chart below.

71 FY2023 Recommended Budget Book at 361-366.

- 40 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.


22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 Line Item FY22 Approved Budget $926,820 $18,477 $184,219 $200,000 Personnel Travel Contractual Services Other Current Expenditures Fixed Assets 0 Total Difference (+/-) Btwn.
FY22 Approved Budget & FY23 Proposed Budget + $156,364 + $83,523 -$117 FY23 Proposed Budget FY23 Executive Recommended Budget FY23 Committee Recommended Budget $1,083,184 $926,820 $102,000 $184,102 $18,477 $184,219 $1,079,040 $49,460 $184,219 + $35,000 $235,000 $200,000 $200,000 + $181,000 $1,329,516 + $455,770 $181,000 $1,785,286 $1,329,516 $1,686,719 $174,000 0 The Committee recommends the Division of Investigation & Protection Services personnel budget to be funded at $1,079,040 to cover salary costs in accordance with Public Service System pay grade, plus benefits, COLA, and overtime for 56 full time employee positions.72 The increase in the personnel budget salary to $1,079,040 reflects the accurate salary costs for full time employees per their PSS pay grade classification.
The personnel budget of $1,079,040 includes the funding to cover the $14,695 salary of only one (1) new vacant position, Captain for the Division Office in Chuuk.

The Committee does not recommend funding for the creation of any other new positions in the Division.
The Committee seeks to make clear that the Division personnel budget must not be appropriated to fund any new lieutenant positions identified as “vacant” in the FY2023 Recommended 72 PSS pay grade levels in the FY2023 Recommended Budget Book does not accurately reflect the correct paygrade salary classification for all full time employees in accordance with P.L.

No.

21-237.
No.

21-237.

Division salary costs ($677,974.96) + benefits at 15% ($101,696.24) + COLA ($58,240) + overtime ($241,128) = personnel budget ($1,079,039.20).

- 41 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.

22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 Budget Book.73 The Division personnel budget must not be appropriated for any other new positions, except for the one (1) Captain position in Chuuk.
The Committee’s position is that no new national police positions should be created nor funded when there are police officer positions currently classified under contractual services.

The Committee recommends the Division travel budget to be funded at $49,460 for travel to states for investigations, meetings with state law enforcement, and attend law enforcement conferences (PICP, International Association of Chief of Police, Micronesia Chief of Police meeting, FBINA).
The Committee seeks to make clear that the travel budget is not to be used for stipends nor tactical qualification training programs in Guam or outside of the FSM.

The Committee’s position is that tactical qualification trainings can occur inside the country.

The Division can seek to bring law enforcement specialists with the necessary tactical expertise to conduct trainings at the police academy, which will increase the number of national police that can benefit from the tactical trainings.
The Committee recommends the Division fixed assets budget to be funded at $174,000 with $167,000 appropriated to purchase nine (9) national police vehicles for the new National Police offices in Chuuk, Kosrae, and Yap, three (3) national police vehicles for each National Police Office in Yap, Kosrae, and Chuuk.

The Committee seeks to make clear that the fixed assets budget cannot be appropriated to purchase national police vehicles for National Police offices in Pohnpei.
The Committee’s position is that the purchase of new National Police vehicles in Chuuk, Yap and Kosrae is warranted because of the newly established offices in the three states.

ix.

Division of Border Control and Maritime Surveillance74 73 FY2023 Recommended Budget Book at 362.

74 FY2023 Recommended Budget Book at 367-374.

- 42 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.


22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 Line Item FY22 Approved Budget FY23 Proposed Budget FY23 Executive Recommended Budget FY23 Committee Recommended Budget Difference (+/-) Btwn.
FY22 Approved Budget & FY23 Proposed Budget Personnel $1,096,411 + $1,121,858 $2,218,269 $1,096,411 $1,246,482 $58,505 $104,485 Travel Contractual Services Other Current Expenditures Fixed Assets $100,000 Total $335,000 + $89,495 + $5,000 $148,000 $109,485 $58,505 $104,485 $58,505 $104,485 -$27,800 $307,200 $307,200 $307,200 $1,694,401 + $1,188,553 -0- $100,000 $2,882,954 $1,566,601 $1,716,672 $0 0 The Committee recommends the Division of Border Control and Maritime Surveillance to be funded for FY2023 at $1,716,672.
The Committee recommends the Division of Border Control and Maritime Surveillance personnel budget to be funded at $1,523,779 in accordance with the Public Service System paygrade salary classification.75 The personnel budget will cover Division salary costs plus benefits, COLA, and overtime costs for 99 employees, 61 full time and 38 part-time.76 The Committee seeks to make clear that personnel budget must only be appropriated to cover the salary of the Division’s currently filled 74 employee positions77, plus twenty-five (25) new positions: SAR Coordinator at proposed $12,052 salary pay 75 Division salary ($784.690.48) + benefits at 15% ($117,703.57) + COLA ($102,960) + overtime ($241,127.50) = personnel budget ($1,246,481.55).
The Division budget line Item “salary increase” of $22,911 has been removed and not included in total personnel budget calculation.

See FY2023 Recommended Budget Book at 372.

76 The Division reports 82 full time positions, but 38 surveillance officer positions reflect a part-time pay grade salary.

See FY2023 Recommended Budget Book at 369-370.

77 Three (3) watchkeeper/unity crew positions and one (1) chief petty officer position also remain vacant.

See FY2023 Recommended Budget Book at 370.


- 43 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.


22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 grade; eight (8) new electrician positions at the proposed $10,429 salary paygrade; eight (8) new engineer positions (SO I or SO II) at the proposed $11,459 salary paygrade; and eight (8) new deckhand positions at the proposed $8,713 salary paygrade (total of 99 employees).78 The Committee does not recommend funding the creation of any other new positions.
The Division personnel budget must not be appropriated for any new Chief Petty Officers/SOIII, surveillance officers/lieutenants, Watchkeeper/Unity Crew/SO II, and Inspecting Officers/SO I, and Chief of Border Control & Maritime positions.
The Committee seeks to make clear that the Division personnel budget must not be appropriated to fund the eight (8) surveillance officer IV/lieutenant positions proposed and by the Division and identified as “new vacant” positions in the FY2023 Recommended Budget Book.79 The Committee’s position is that the Commander of Surveillance and 62 surveillance officers (24 full time and 38 part time) are sufficient to lead the Division at this time.
According to the Department of Justice August 2022 hearing testimony, the Division current staff levels are able to fully man the two (2) large surveillance boats incoming from Australia.

The Committee understands the importance of increasing the Division staffing in order to fully man the incoming 4 patrol boats.

The Committee position is that the Division proposed personnel staffing from 82 full employees to 151 full time employees is excessive at this time because the patrol boats have not arrived.
The Department of Justice August 2022 hearing testimony reflected that 10 crew members are needed to fully man each patrol boat, for a total of 40 crew members for the 4 vessels.

The Committee is open to considering the Division’s requests for supplemental funding later in FY23 to cover the salary of additional personnel positions when the patrol boat operations are imminent.

78 Position salaries are based on proposed salaries per PSS pay grade classification.
See FY2023 Recommended Budget Book at 370-372.

Employees in the engineering position may qualify for professional premium.

79 FY2023 Recommended Budget Book at 370.

- 44 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.

22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 The Committee understands that the 4 patrol boats will require training for new employees on the individual functions and operations of the patrol boats.
However, the Department of Justice August 2022 hearing testimony also made clear that the 4 patrol boats are not expected until the middle of next year, around mid-FY2023.

The Committee’s positions is that substantially increasing the Division full time employees at this time for purposes of training is unreasonable.
The Division can recruit and hire the necessary personnel that actually require technical training for the performance of their positions that are particularly unique to the 4 patrol boats, including eight (8) electricians, eight (8) engineers, and eight (8) deckhands.

x.

Division of Cyber Security and Intelligence Services80 The Committee recommends the new Division of Cyber Security & Intelligence Services to be funded for FY2023 at $137,128.
Line Item FY22 Approved Budget FY23 Proposed Budget FY23 Executive Recommended Budget $156,106 $5,000 $0 FY23 Committee Recommended Budget $104,028 $5,000 $0 $575,376 $21,000 $400,00 $20,000 $10,100 $28,100 $35,049 $1,051,42581 $171,206 0 $0 $137,128 - - - Personnel Travel Contractual Services Other Current Expenditures Fixed Assets - - Total - The Committee recommends the Division of Cyber Security & Intelligence Services personnel budget to be funded at $104,028 80 FY2023 Recommended Budget Book at 375-377.
81 FY2023 Recommended Budget Book at 375–377.

- 45 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.
22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 to cover personnel salary costs plus benefits and COLA.82 The Committee recommended personnel salary is based on the maximum salary under the Public Service System (PSS) base salary scheduled in accordance with the FSM Personnel Office classification of Division positions.83 The Committee seeks to make clear that the personnel budget line item for Division of Cyber Security & Intelligence Services must be appropriated in accordance with the PSS classification base pay salary schedule under 52 FSMC §205, as amended by P.L.
No.

21-237 and P.L.

No.

21-245.
The personnel salary budget must only be used to fund four (4) Division positions in accordance with the PSS pay level classification: Assistant Secretary (pay level 42) – 1 position Cyber data specialist (pay level 36) – 3 positions Based on the Department of Justice set qualifications and description of the Division positions, the FSM Personnel Office84 classified the Division positions under the PSS as follows: Division Position Personnel Office Recommended Position Classification Assistant Secretary Information Security System Administrator Cyber Forensic Examiner INERPOL Security Officer Data Protection Officer Pay Level 42 Pay Level 38 Pay Level 38 Pay Level 36 Pay Level 36 82 Division salary ($86,841) + benefits at 15% ($13,026.15) + COLA ($4,160) = personnel budget ($104,027.15) 83 Division public service system personnel may also be eligible for professional premium up to 150% if the Division personnel satisfy the eligibility requirements, including but not limited to having an engineering degree or PhD in any field.
52 FSMC § 163(3).

84 FSM Personnel Office Ltr., Public Service System classification of cyber and data personnel, Aug. 16, 2022.

- 46 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.
22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 The maximum bi-weekly salary rate under 52 FSMC §205 for the following pay levels are: Paygrade 42/3: $903.69 bi-weekly, $23,495.94 annually Paygrade 38/7: $903.69 bi-weekly, $23,496 annually Paygrade 36/7: $812.13 bi-weekly, $21,115 annually The FY2023 Recommended Budget Book incorrectly identifies the Assistant Secretary position as “exempt” from the PSS with a proposed salary of $85,000.85 No assistant secretary position is exempt from the PSS by law.
Assistant Secretaries are not afforded “exempt” status under 52 FSMC §117.

The assistant secretary positions is also not a position that can be classified as a contract position as the assistant secretary position is a permanent government position, not temporary.

In addition, the nature of the responsibilities and obligations of the assistant secretary position to the government institution and its development.

The Committee’s position is that pending bill, C.B.

No.
No.

22-147, to increase PSS employee salaries will address salary concerns.

The Division of Cyber Security & Intelligence Services is a new division just formally announced in September 2021.

The establishment of any new division requires time for the division to gradually develop in order to ascertain its actual needs, namely for personnel and contractual services budgets, and formalize the parameters of its functions and duties.
At this time, the Division’s functions scope appears to be limited to INTERPOL related activities and compliance, not domestic law enforcement, which the Division’s proposed personnel budget is geared towards.

The proposed cybercrimes bill, C.B.

No.

22-66, which addresses domestic law enforcement of cyber and computer crimes, is not law.

The Committee understands the importance of cybersecurity to the country.
The Committee will consider any supplemental requests by the Division if there are exigent needs that emerge during FY2023.

The Committee also recommends $300,000 to fund the Division’s purchase of cybersecurity hardware to build up 85 FY2023 Recommended Budget Book at 376.

- 47 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.


22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 cybersecurity infrastructure as detailed in this report under Capital & Human Resource Development investment funding.

The Committee recommends $28,100 for the Division of Cyber Security OCE budget to cover $18,000 costs for INTERPOL machines and $10,100 for office supplies.

The $18,000 costs must only be appropriated to cover the costs for INTERPOL machines.

b.
b.

Office of the Public Defender86 The Committee recommends the Office of the Public Defender to be funded for FY2023 at $1,288,295 in accordance with the chart below.

Line Item FY22 Approved Budget FY23 Proposed Budget $997,24187 $150,32088 $140,39489 $971,457 $38,476 $128,394 Personnel Travel Contractual Services Other Current Expenditures Fixed Assets $46,900 $86,900 Difference (+/-) Btwn.
FY22 Approved Budget & FY23 Proposed + $25,784 + $111,844 + $12,000 FY23 Executive Recommended Budget FY23 Committee Recommended Budget $971,457 $38,476 $140,394 $980,625 $38,476 $140,394 $86,900 $0 $86,900 $86,900 $46,900 $0 $0 $41,900 86 FY2023 Recommended Budget Book at 394-395.

87 FY2023 Recommended Budget Book inaccurately reports the personnel proposed budget at $997,243.
88 Office of Public Defender Proposed FY 2023 Budget cover letters requests $105,675 and the office budget breakdown request $38,476, but the budget line items calculation totals $150,320.

Office of the Public Defender Proposed FY2023 Budget dated Jan. 15, 2022; FY2023 Recommended Budget Book at 396-397.

89 Office of Public Defender Proposed FY 2023 Budget cover letters requests $149,394, but this appears to be a typographical error.

The budget breakdown calculation request is $140,394.
Office of the Public Defender Proposed FY2023 Budget dated Jan. 15, 2022; FY2023 Recommended Budget Book at 397-398.

- 48 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.

22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 Total $1,272,127 $1,421,75590 + $149,628 $1,237,227 $1,288,295 The Committee recommends the personnel budget to be funded at $980,62591 to cover the salary of 26 full time employees.
The personnel budget reflects an increase to public defender position salaries up to the $18,997 and investigator position salaries up to the $12,402.

The Committee recommends the travel budget to be funded at $38,746, because the need of attorney’s to travel for cases in different states and conflict cases should significantly decrease by fully funding the personnel budget for the attorney and public defender representative positions in all the states.
The Office of Public Defender have 26 full-time employees.

The Office of Public Defender has one vacant staff attorney position at the Pohnpei Public Defender Field Office and one vacant staff attorney position at the Kosrae Public Defender Field Office.92 The FY2023 Recommended Budget Report shows the Public Defender Representative IV position at the Chuuk Public Defender Field Office as vacant, but the position has recently been filled.
The Committee recommends the fixed assets budget to be funded at $41,900 for purposes of purchasing a government vehicle for the Public Defender office in Yap.

The $41,900 for the fixed assets line item budget can only be used to purchase a vehicle for the Yap office, not for any other office.

c. National Judiciary (FSM Supreme Court)93 The Committee recommends the National Judiciary to be funded for FY2023 at $2,337,510 in accordance with the chart below.
90 FY2023 Recommended Budget Book reports inaccurate proposed budget request, the number in this report reflect accurate calculation of each line item budget request.

See FY2023 Recommended Budget Book at 395-398.

91 Salary ($838,247) + benefits at 15% ($125,737.05) + COLA for 16 eligible employees ($16,640) = personnel budget ($980,624.05).

92 FY2023 Recommended Budget Book at 395-398.

93 FY2023 Recommended Budget Book at 435-441.

The FSM Supreme Court has 42 full-time employees.


- 49 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.

22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 Line Item FY22 Approved Budget FY23 Proposed Budget Difference (+/-) Btwn.
FY22 Approved Budget & FY23 Proposed FY23 Executive Recommended Budget FY23 Committee Recommended Budget $1,343,038 $1,327,282 Personnel Travel Contractual Services Other Current Expenditures Fixed Assets $60,000 Total $228,050 $1,343,038 $1,343,038 0 $50,21494 $394,300 $185,978 $478,200 + $135,764 $185,978 $478,200 + $83,900 $185,978 $472,200 $248,050 + $20,000 $248,050 $248,050 $104,000 + $44,000 $104,000 $104,000 $2,075,602 $2,359,266 + $283,664 $2,359,266 $2,337,510 The Committee recommends the National Judiciary personnel budget to be funded at $1,327,282.
The personnel budget reflects a slight decrease due to removal of the budget line item “PSS salary increase.”95 National Judiciary Public Service Systems employees current paygrade should reflect the new PSS salary paygrades afforded under P.L.

No.

21-237.

The Committee seeks to make clear that the personnel budget line item must be appropriated in accordance with the Public Service System (PSS) classification base pay salary schedule under 52 FSMC §205, as amended by P.L.

No.

21-237 and P.L.

No.


21-245.

The only FSM Supreme Court personnel exempt from the PSS under 52 FSMC §117 are: (1) Justices and other Judges of the National Courts; and (2) the administrative officer of the National 94 Compare FY2023 Recommended Budget Book at 35 with Budget Book at 435.

There appears to be a calculation error on the numbers reported on the 5-year trend data reports FY2022 travel budget at $50,214.

Combined Budget line-item on FY2022 travel budget at $185,978.
National Judiciary FY2023 Proposed Budget dated Jan. 17, 2022 reports FY2022 travel budget at $185,978.

95 Budget line item “PSS Salary Increase” at $27,982 not included in personnel budget.

FY2023 Recommended Budget Book at 437.

Salary ($1,125,219) + benefits at 15% ($168,782.85) + COLA for 32 eligible employees ($33,280) = personnel budget ($1,327,281.85).

- 50 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.


22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 Courts (Chief Administrative Officer).

All other National Judiciary employees are under the PSS.

The chief clerk, general counsel, chief law librarian, secretary to chief justice, information technology consultant, national justice ombudsman, and staff attorney positions are not exempt from the PSS and subject to the PSS paygrade classification.
The FY2023 Budget Book incorrectly identifies these 7 FSM Supreme Court employees as “exempt” from the PSS.

The Committee’s position is that pending bill, C.B.

No.

22-147, to increase PSS employee salaries will address any salary concerns.

The Committee recommends the contractual services budget line item to be funded at $472,200, but the Committee does not recommend the funding of compensation-non payroll incentive line item at $6,000 under contractual services.
d. Agencies, Boards, Authorities, Commissions & Corporations i.

National Postal Services The Committee recommends the National Postal Services to be funded for FY2023 at $1,067,945 in accordance with the chart below.

Line Item FY22 Approved Budget FY23 Proposed Budget $603,197 $19,993 $211,987 $609,752 $19,993 $187,119 Personnel Travel Contractual Services Other Current Expenditures Fixed Assets $80,000 $175,950 Difference (+/-) Btwn.
FY22 Approved Budget & FY23 Proposed - $6,555 $0 + $24,868 FY23 Executive Recommended Budget FY23 Committee Recommended Budget $609,752 $19,993 $187,119 $641,448 $19,993 $187,119 $191,070 + $15,120 $175,950 $178,385 $41,000 - $39,000 $41,000 $41,000 - 51 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.


22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 Total $1,072,814 $1,067,24796 - $5,567 $1,033,81497 $1,067,945 The Committee recommends the National Postal Services personnel budget to be funded at $641,448, which covers employees salary, benefits and COLA for 42 full-time employees, including 3 vacant postal clerk positions.98 There is a slight increase in the personnel budget to accurately reflect employee PSS pay grade salaries.
The personnel budget includes the state Postmaster salaries at $25,000 and new custodian position at the post office in Kosrae at the proposed pay grade level 11/1 salary of $5,617.

The Committee recommends the $41,000 in fixed assets budget line item to be approved, but must be used to cover the cost to purchase state postal station vehicles for postal administration purposes.

e. Special Programs i.


Office of National Elections The Committee recommends the Office of National Elections to be funded for FY2023 at $637,778 in accordance with the chart below.

Line Item FY22 Approved Budget FY23 Proposed Budget FY23 Executive Recommended Budget FY23 Committee Recommended Budget Difference (+/-) Btwn.

FY22 Approved Budget & FY23 Proposed 96 FY2023 Recommended Budget Book at 37.

97 FY2023 Recommended Budget Book at 37, 476-477.


98 The correct Salary ($524,319.40) + benefits at 15% ($78,647.91) + COLA for 37 eligible employees ($38,480) = personnel budget ($641,447.31).

The personnel budget does not include budget line item “PSS Salary Increase” of $26,305.

The COLA and benefits reported in the FY2023 Recommended Budget Book are inaccurate.

FY2023 Recommended Budget Book at 477-478.

- 52 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.
22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 $338,678 $6,215 $64,708 $82,963 Personnel Travel Contractual Services Other Current Expenditures Fixed Assets $0 Total $492,564 $437,090 $23,017 $64,708 + $98,412 + $16,802 $0 $338,678 $6,215 $64,708 $437,090 $23,017 $64,708 $82,963 $0 $82,963 $82,963 $30,000 $637,77899 + $30,000 + $145,214 $522,564100 $30,000 $30,000 $637,778 The Office of National Election has 14 full-time employees, but two national election commissioner positions remain vacant.
101 The Office of National Election request for increase to FY2023 personnel budget are for 16 full-time employees.102 The Office of National Election intends to reinstate two (2) positions: 1) Voter ID Coordinator; and 2) Administrative Officer.
The Committee recommends the Office personnel budget to be funded at $437,090 to support the salary increases of the State National Election Commissioners at a salary of $30,000 and office administrative support staff, and funding the salary for the Voter ID Coordinator at $20,000 and Administrative Officer at $25,000.

The Committee recommends $30,000 for the Office of National Election fixed assets budget.

The fixed assets budget line must only be used to purchase government vehicle for the office.

II.
II.

GRANTS, SUBSIDIES AND CONTRIBUTIONS: The funding source for all amounts recommended by your Committee under this section is domestic revenue.

Your Committee recommends funding Grants, Subsidies and Contributions in the amount listed in the table below.

99 FY2023 Recommended Budget Book at 23, 482.

100 FY2023 Recommended Budget Book at 23, 481-482.

101 FY2023 Recommended Budget Book at 482.

102 FY2023 Recommended Budget Book at 484.

- 53 - STANDING COMMITTEE REPORT NO.


22-49 RE: Presidential Communication No.
22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 GRANTS, SUBSIDIES & CONTRIBUTIONS FY21 Approved Budget FY22 Approved Budget FY23 Proposed Budget FY23 Executive Recommended Budget FY23 Committee Recommended Budget Kosrae State Joint Law Enforcement Pohnpei State Joint Law Enforcement Chuuk State Joint Law Enforcement Yap State Joint Law Enforcement Police Academy DOJ Fuel Subsidy World Intellectual Property Organization Interpol Membership & Activities Ammunition - Side Arm/Long Rifles Organization for the Prohibition of Chemical Weapons Comprehensive Nuclear Test a.
Department of Justice1 $75,000 $100,000 $100,000 $100,000 $125,000 $200,000 $225,000 $225,000 $225,000 $250,000 $200,000 $275,000 $275,000 $275,000 $300,000 $75,000 $100,000 $100,000 $100,000 $125,000 $100,000 $100,000 $200,000 $200,000 $200,000 $550,000 $550,000 $550,000 $550,000 $550,000 $0 $0 $18,422 $18,422 $0 $30,000 $30,000 $15,000 $15,000 $15,000 $25,000 $25,000 $25,000 $25,000 $25,000 $7,962 $7,962 $7,962 $7,962 $7,962 $13,708 $13,708 $13,708 $13,708 $13,708 - 54 - STANDING COMMITTEE REPORT NO.
22-49 RE: Presidential Communication No.

22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 Ban Treaty Organization Total Kosrae State Judiciary Pohnpei State Judiciary Chuuk State Judiciary Yap State Judiciary National Law Day Total $1,276,6701 $1,426,670 $1,530,092 $1,530,092 $1,611,670 b.
States Judiciaries1 $40,000 $50,000 $50,000 $50,000 $75,000 $60,000 $70,000 $70,000 $70,000 $100,000 $110,000 $120,000 $120,000 $120,000 $150,000 $40,000 $50,000 $50,000 $50,000 $75,000 $50,000 $100,000 $100,000 $100,000 $100,000 $300,000 $390,000 $390,000 $390,000 $500,000 c. Micronesia Legal Services Corp.1 MLSC TOTAL $250,000 $250,000 $250,000 $250,000 $250,000 $250,000 $250,000 $250,000 $250,000 $250,000 III.
CAPITAL AND HUMAN RESOURCES DEVELOPMENT The funding source for all amounts recommended by your Committee under this section is domestic revenue.

a.

Department of Justice103 Your Committee recommends the Capital and Human Resources Development FY2023 budget for the Department of Justice to 103 FY2023 Recommended Budget Book at 493.

- 55 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.


22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 funded for FY2023 at $1,460,000 in accordance with the chart below.
CAPITAL & HUMAN RESOURCE DEVLOPMENT FY21 Approved Budget FY22 Approved Budget FY23 Proposed Budget $125,000 $125,000 $125,000 FY23 Executive Recommended Budget $0 FY23 Committee Recommended Budget $125,000 Anti-Human Trafficking Enforcement, Campaign & Investigation Victims Shelter & Services Boat Maintenance HT Annual Conference Satellite Phone & Billing Cyber Security- Intelligence Infrastructure & Hardware COVID-19 Law Enforcement & Emergency Response Chuuk State Supreme Court parking lot fencing TOTAL $100,000 $100,000 $125,000 $125,000 $125,000 $150,000 $150,000 $200,000 $200,000 $200,000 $50,000 $50,000 $50,000 $50,000 $0 $10,000 $10,000 $10,000 $10,000 $10,000 - - $673,000 $673,000 $300,000 $375,033 - - - - - - - $500,000 $200,000 $1,010,033 $435,000 $1,183,000 $1,183,000 $1,460,000 The funding to Victims Shelter & Services must be appropriated in accordance with the needs of each state victim shelters.
- 56 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.

22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 b.
National Election Commission Office Your Committee recommends the Capital and Human Resources Development FY2023 budget for the National Election Commission Office to be funded at $50,000 in accordance with the chart below.104 CAPITAL AND HUMAN RESOURCE DEVLOPMENT Voter ID Card & New Voter Registration Project TOTAL FY21 Approved Budget FY22 Approved Budget FY23 Executive Recommended Budget FY23 Committee Recommended Budget $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 CONCLUSION Your Committee on Judiciary and Governmental Operations has reviewed the proposed Fiscal Year 2023 Recommended Budget for those portions of the budget under its jurisdiction, and carefully scrutinized all of the information provided in the FY2023 Recommended Budget Book for the Department of Justice, including information related to Grants, Subsidies and Contributions and Capital and Human Resource Development under the jurisdiction of your Committee.
Based on the information provided and its deliberations, your Committee recommends appropriations in the sums set forth above in the columns titled “FY23 Committee Recommended Budget,” subject to the availability of funds and concurrence of your Committee on Ways and Means.

104 FY2023 Recommended Budget Book at 47.

- 57 - STANDING COMMITTEE REPORT NO.

22-49 RE: Presidential Communication No.


22-228 SUBJECT: FY 2023 RECOMMENDED BUDGET/J&GO SEPTEMBER 07, 2022 Respectfully submitted, ____________________________ Robson U. Romolow, chairman Peter M. Christian, vice chairman /s/ Peter M. Christian /s/ Tiwiter Aritos Tiwiter Aritos, member /s/ Ferny S. Perman Ferny S. Perman, member /s/ Wesley W. Simina Wesley W. Simina, member Isaac V. Figir, member ______________________________ Paliknoa K. Welly, member - 58 -