Palau Sessional Legislation
ENACTED UNDER THE EMERGENCY LEGISLATIVE POWER VESTED IN THE PRESIDENT OF THE REPUBLIC PURSUANT TO ARTICLE VIII, SECTION 14 OF THE CONSTITUTION OF THE REPUBLIC OF PALAU.
A BILL FOR AN ACT
To authorize and appropriate the amount of $1,480,000 of local revenue for emergency operations and emergency capital improvement projects, from the National Treasury, for disaster relief, including emergency operations, purchases, and construction resulting from Super Typhoon Haiyan, and for other related purposes.
THE PEOPLE OF PALAU REPRESENTED IN THE OLBIIL ERA KELULAU DO ENACT AS FOLLOWS:
Section 1. Short Title. This Act may be cited as the "Super Typhoon Haiyan Emergency Funding Act."
Section 2. Purpose. The purpose of this Act is to authorize and appropriate the funds necessary for immediate response to the damage incurred and services interrupted due to Super Typhoon Haiyan. On November 8, 2013, the President issued Executive Order No. 352, declaring a National State of Emergency due to the damage caused by Super Typhoon Haiyan in accordance with Article VIII, Section 14 of the Constitution and other applicable provisions of the law. On November 10, 2013, the Olbiil Era Kelulau confirmed the National State of Emergency at a meeting called by the President in further accordance with Article VIII, Section 14 of the Constitution. Pursuant to Article VIII, Section 14. Pursuant to the Constitution during this declared and confirmed state of emergency the President possesses emergency powers that include the limited temporary assumption of legislative powers as may be necessary to afford immediate and specific relief to those whose lives or property are threatened. The funds authorized and appropriated by this Act are necessary to afford immediate and specific relief to the citizens of Palau whose lives and property may be threatened by providing funding for the prompt procurement of goods and services that will permit the Republic to respond to Super Typhoon Haiyan, restore essential services quickly as possible, and protect the public health, welfare, and safety in the aftermath of the natural disaster.
Section 3. Disaster Relief. The sum of $1,480,000 is hereby authorized to be appropriated and the amount of $1,480,000 is hereby appropriated for expenditure and obligation for the purpose of covering the procurement of goods and services for disaster relief efforts including emergency operations, purchases and construction related to those actions described in Section 2. The total appropriation shall come from our anticipated unobligated local revenue for Fiscal Year 2014, and $821,500, or so much thereof as may be necessary, shall come from General Fund Reserve, pursuant to 40 PNC 330.
Section 4. Emergency Procurement. Any funds obligated or expended under the authority of this Acct shall constitute emergency procurements as set forth in 40 PNC 330.
Section 5. Foreign Aid. If the Republic receives any foreign aid, foreign grants, or any other type of assistance from an entity outside the Republic that is intended to support the Republic's recovery from Super Typhoon Haiyan, then the President is hereby authorized to execute the terms of that source of funding in a manner that is consistent with the terms of the funding.
Section 6. Apportionment and Allotments. Amounts apportioned and allocated under this Act shall be executed at the direction of the President or his duly authorized representative.
Section 7. Accountability. The President or his duly authorized representative, in conjunction with the National Emergency Committee, shall transmit quarterly reports to the presiding officers of the Olbiil Era Kelulau that detail all allotments and disbursement made pursuant to the appropriations provided in this Act. Such report shall identify the total for each allotment and the expenditures made and obligations incurred pursuant to such allotment, and shall identify all reprogramming.
Section 9. Severability. If any provision of this Act shall be held invalid, such invalidity shall not affect the other provisions of the Act which can be given effect without such invalid provisions, and to this extent, the provisions of this Act are severable.
Section 10. Effective Date. This Act shall be effective retroactively to November 8, 2013.
Enacted this 11th day of November, 2013.
Tommy E. Remengesau, Jr.
President of the Republic of Palau