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PUBLIC AUDITOR'S ACT

501. Short Title
502. Definitions
503. Appointment-Tenure-Removal-Salary
504. Benefits
505. Duties
506. Powers
507. Types of audits and audit standards

Editor's note: Chapter 4, originally reserved for the Public Auditor in the 1982 edition of the code, has been renumbered chapter 5 by the codifiers herein.

501. Short Title.

This chapter shall be known as the "National Public Auditor Act of the Federated States of Micronesia.''

Source: PL 3-47 1.

502. Definitions.
As used in this chapter, " public funds from the National Government'' means funds or reimbursements from the National Government arising from the National tax revenues, including National tax revenue shared with the states pursuant to article IX, section 5 of the constitution of the Federated States of Micronesia, and all grants, subsidies, or contributions in the form of money, goods, or services from any source which are received from the National Government by appropriation law , or otherwise.

Source: PL 3-47 2.

503. Appointment- Tenure- Removal- Salary.

The appointment, tenure, removal, and salary of the Public Auditor for the National Government of the Federated States of Micronesia shall be as follows:

(1) Appointment. The Public Auditor shall be appointed by the President with the advice and consent of Congress.

(2) Tenure. The Public Auditor shall serve for a term of four years and until a successor is confirmed. An individual may be reappointed for an additional term or terms with the advice and consent of Congress.

(3) Removal. The Congress may remove the Public Auditor from office for cause by a two-thirds vote. In the event of such removal, the Chief Justice shall appoint an Acting Public Auditor until a successor is confirmed.

(4) Salary. The Public Auditor shall receive an annual salary of which shall not exceed $40,000, and shall be determined based on qualifications and experience. Upon the appointment of a Public Auditor the salary level for the position shall be fixed by the President with the advice and consent of Congress. Such salary shall not be reduced during the Public Auditor's term of office. In the event of removal or of a vacancy in the office, the successor shall be entitled to the salary attendant to the office as of the date of succession.

Source: PL 3-47 3; PL 9-38 1; PL 12-38 1.

Cross-reference: The statutory provision on the Legislative are found in the title 3
of this code.

504. Benefits

At the time he is confirmed the Public Auditor shall be entitled to all benefits, other than those covered by chapter 3 of title 52 of this code, as are available to all regular Government prime contract employees under the same terms and condition which apply to members of the National Public Service System.

Source: PL 3-47 4.

Cross-reference: Chapter 3 of title 52 (Public Employment) of this code is on Exempt Employees.

505. Duties.

The duties of the Public Auditor shall be as follows:


(1) The Public Auditor shall inspect and audit transactions, accounts, books, and other financial records of every branch, department, office, agency, board, commission, bureau, and statutory authority of the National Government and of other public legal entities, including, but not limited to, States, subdivision thereof, and nonprofit organization receiving public funds from the National Government.

(2) The Public Auditor shall inspect and audit transactions, accounts, books, and other financial records associated with any project, program, and activity receiving fund in a whole or in part from public funds of the National Government.

(3) The Public Auditor shall perform audits as otherwise specifically required by statutes.

(4) The Public Auditor shall have the discretion to perform audits, or assist in the performance of audits, upon request by the states.

(5) The Public Auditor shall have the exclusive audit jurisdictions over public funds of the National Government of the Federated States of Micronesia, but he shall have the authority to contract for independent auditing service to be performed under his supervision in instances where specialized expertise is required, or where auditing requirements are beyond capacity of the Public Auditor's staff and separates funding is available.

(6) The Public Auditor shall file a report at least once a year with the congress. The Public Auditor may file other reports at such other tomes as he may determine. All reports of the Public Auditor shall be made available to the public.

(7) The Public Auditor may submit recommendation with his audit reports which shall be confined to matters within the jurisdiction of the Public Auditor, including compliance or noncompliance with laws governing the expenditures of public moneys, and the need for amendments or new laws to secure the efficient expenditure of public fund.

(8) The Public Auditor shall keep a complete and accurate record or file of audit reports, inspections, investigations, releases, audit work papers, and other material pertaining to the work of the office of the Public Auditor.



Source: PL 3-47 5.

506. Powers.

The power of the Public Auditor shall be as follows:

(1) The Public Auditor may examine and inspect all books, records, files papers, documents, and all financial affairs of every branch, department, office, agency, board, commission, bureau, and statutory authority of the National government, as well as other public legal entities, including state and nonprofit organizations receiving funds from the National Government.

(2) The Public Auditor may audit the records of any contractor performing public work on cost-reimbursement-type contract for the National Government of the Federated States of Micronesia to verify the cost charged to public contract. Any contactor performing public work pursuant to a contract with the National Government of the Federated States of Micronesia shall keep and maintain records adequate to establish the validity of cost charged to the National Government.

(3) The Public Auditor may subpoena summon person to appear at a reasonable time before him and administer oaths to such persons. He may question such persons, under oath, regarding receipts and expenditures of money and any other reasonable and relevant matters necessary for the performance of his duties.

(4) The Public Auditor may issue subpoena duces tecum within a reasonable time requiring the production of books, records, documents, or other relevant financial papers or objects necessary for the performance of his duties.

(5) Any subpoena or subpoena duces tecum issued under the authority of the Public Auditor shall run in the name of the Federated States of Micronesia and shall be addressed to the chief or other officer of the Division of Security and Investigation of the office of the Attorney General of the National Government of the Federated States of Micronesia. The subpoena or subpoena duces tecum shall be singed by the Public Auditor and shall identify the witness to be served or the books, records, documents, or other relevant financial papers or objects to be produced together with a reference to the account subject to inspection and audit.

(6) Any officer to whom such subpoena or subpoena duces tecum is directed shall forthwith serve or execute the same upon delivery thereof to him.

(7) Any person who willfully fails or refuses to appear upon receiving service of subpoena, or who willfully fails or refuses to produce any books, records, documents, or other relevant financial papers or objects designated in a subpoena duces tecum properly issued by the Public Auditor, upon conviction thereof, shall be fined not more than $ 1,000.00, or imprisoned for not more than one year, or both. Failure by the Public Auditor to comply in any material respect with the requirements of this chapter shall relieve any person of the obligation to appear or the obligation to produce designated materials, and such failure shall be defense in any proceeding against such person for punishment.

(8) Any person subject to a subpoena duces tecum shall have only those privileges against producing books, records, documents, or other relevant financial papers or objects which are authorized under the rules of evidence of the Supreme Court of the Federated States of Micronesia, the Constitution of the Federated States of Micronesia, the Trust Territory Bill of Rights, or other applicable law.

(9) The Public Auditor, when he receives an allegation of non-compliance in public office, misuse of public resources, financial crime, financial corruption, or any other breach of the national law or regulations involving, in whole or in part, public funds from the National Government, may authorize the Compliance Investigation Division to conduct a preliminary inquiry to ascertain whether there is a reasonable cause to warrant an investigation into the allegation.

(10)The Public Auditor, when he as a part his duties and has a reasonable cause to suspect non-compliance in public office, misuse of public resources, financial crime, financial corruption, or any other breach of the national law or regulations involving, in whole or in part, public funds from the National Government, may authorize the Compliance Investigation Division to investigate such matters.

(11)The Compliance Investigation Division , when conducting a preliminary inquiry or an investigation, shall liaise with the Department of Justice during the course of conducting such preliminary inquiry or investigation and advise the Department of Justice of the results of such a preliminary inquiry or investigation.

Source: PL 3-47 6.

Cross-reference: The provision of the Trust Territory Bill of
Rights are found in section 101 to 114 of title 1 (General
Provisions) of this code.


507. Types of audit and audit standards.

The types of audits and applicable audit standards shall be as follows:

(1) Three types of audits be performed:

(a) Financial and compliance. This type of audit determines whether the financial statements of an audit entity present fairly the financial position and results of financial operation in accordance with generally accepted accounting principles and whether the entity has compiled with the laws and regulations that may have a material effect upon the financial statements.

(b) Economy and efficiency. This type of audit determines whether an entity is managing and utilizing its resources economically and efficiently, the cause of inefficiencies or uneconomical practices, and whether the entity is compiled with laws and regulations concerning economy and efficiency.

(c) Program results. This type of audit determines whether the desire results or benefits established by the Congress or other authorizing body are being achieve and whether the program administrator have consider alternatives that might yield desired results at a lower cost.

(2) Any given audit or review may include one or more of the objectives in subsection (1) of this section in the reasonable exercise of the Public Auditor's discretion.

(3) The Public Auditor shall perform audits in conformity with generally accepted audit standards as established by the American Institute of Certified Public Accountants.

Source: PL 3-47 7.



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