FSMC, TITLE 2.  EXECUTIVE

 
 
Chapter 2:  Executive Organization

201.     Definitions.
202.     Executive authority.
203.     Departments.
204.     Other executive offices.
205.     Establishment of additional departments, offices, and agencies.
206.     Duties, responsibilities, and functions of departments and offices.
207.     Appointment authority.
208.     Positions vacant pending appointment.
209.     Salaries for President and Vice President.
210.     Transition provision [REPEALED].

      201.  Definitions.
     As used in this chapter:

     (1)     "Appointment" means an appointment by the President which requires, and to which has been given, the advice and consent of the Congress.

     (2)     "Nominee" means a person nominated by the President for an appointment which requires, but to which has not been given, the advice and consent of the Congress.

     (3)     "Position" and "regular employee" have the meaning and definitions stated in section 112 of title 52 of this code.

Source:  PL 1-120 1; PL 7-91 4.

Cross-reference:  FSM Const., art. X, 8.  Title 52 of this code is on Public Employment.

Editor's note:  Subsections of this section rearranged in alphabetical order.  This chapter supersedes 2 TTC chapter 2.

      202.  Executive authority.
     The executive authority of the Government of the Federated States of Micronesia is vested by, and in accordance with, the Constitution of the Federated States, subject to the provisions of section 207 of this chapter.  The executive branch of the Government of the Federated States of Micronesia shall be organized in the manner set forth in this chapter, and as may be provided elsewhere in the law of the Federated States of Micronesia.

Source:  PL 1-6 1; PL 7-91 5.

Cross-reference:  FSM Const., art. X.

      203.  Departments.

     (1)     There shall be the following departments which shall be responsible for major programs or administrative support areas in the Government of the Federated States of Micronesia:

     (a)     Department of Economic Affairs, which shall contain among other units, a unit for Sustainable Development;

     (b)     Department of Finance and Administration, which shall contain among other units, a unit for the Budget;

     (c)     Department of Foreign Affairs;

     (d)     Department of Health, Education and Social Affairs;

     (e)     Department of Justice; and

     (f)     Department of Transportation, Communication and Infrastructure.

     (2)     The administrative head of each department shall be designated as a "Secretary".

     (3)     Succession.

     (a)     Any reference to a previously existing department, office, or division thereof shall apply to the appropriate successor entity.

     (b)     Any reference to any official or employee of an entity referred to in subsection (3)(a) of this section shall be construed as applying to the person holding the same or most similar position in the appropriate successor entity.

Source:  PL 1-6 2; PL 1-114 1; PL 4-65 1; PL 5-21 1; PL 6-62 1; PL 7-97 1; PL 10-55 1.

Cross-reference:  FSM Const., art. X,   8.

      204.  Other executive offices.
     There shall be the following executive offices:

     (1)     Office of the Public Defender.

Source:  PL 1-6 3; PL 4-65 2; PL 5-21 2; 10-55 2.

      205.  Establishment of additional departments, offices, and agencies.
     Additional departments or offices may be established by law.  Independent agencies and temporary agencies may be established and need not be organized under a department or office.

Source:  PL 1-6 4.
 
      206.  Duties, responsibilities, and functions of departments and offices.
     The respective duties, responsibilities, and functions of each department and office within the organization of the executive branch of the Government of the Federated States of Micronesia shall be as established by, and in accordance with, administrative directive of the President until amended or superseded by law.  The President shall also provide for subdivisions of departments and offices and shall set forth the duties, responsibilities, and functions thereof by administrative directive.

Source:  PL 1-6 5.

Cross-reference:  FSM Const., art. X,   8.

      207.  Appointment authority.

     (1)     The President shall nominate and, with the advice and consent of the Congress, as provided in article X, section 2(d), of the Constitution, shall appoint the secretaries of departments and their deputies, if any, and the heads of the offices of the Attorney General, Budget, Planning and Statistics, Administrative Services, and the Public Defender, and their deputies, if any, including the secretaries, deputies, and heads of departments and offices established by subsequent law; and including the chairman and the members of the Board of Advisors for the Investment Development Fund to be appointed by the President; and including the Federated States of Micronesia members of the Board of  Regents of the College of Micronesia; and including the Federated States of Micronesia's deputy ambassadors (assistants to the ambassadors) and consul generals; provided that nothing herein shall be construed to require the appointment of the deputies and deputy ambassadors (assistants to the ambassadors) and consul generals named above.

     (2)     The President or his or her designee may appoint officers and employees not included in subsection (1) of this section, without advice and consent of the Congress; provided that such appointments are not inconsistent with the provisions of this chapter or other laws of the Federated States of Micronesia.

     (3)     The President shall not resubmit the nomination of any person to the Congress for its action if the same Congress shall have previously rejected such nomination, unless the Congress shall by resolution authorize such resubmission.

     (4)     With the exception of the Chief Justice and Associate Justices of the Supreme Court, the Public Auditor, ambassadors, members of boards, commissions, and other entities with fixed terms, a public official whose appointment is subject to the advice and consent of the Congress shall submit his or her resignation no later than 30 days after a  successor Congress of the Federated States of Micronesia is organized, or at the time a new nominee for such position is confirmed by the Congress, whichever is earlier.  The President may  renominate the same public official for the same position subject to the advice and consent of the Congress.

Source:  PL 1-6 6; PL 1-114 2; PL 3-24 1; PL 4-63 1; PL 5-2 1; PL 5-50 1; PL 7-6 1; PL 7-91 6; PL 9-128 1.

Cross-reference:  FSM Const., art. X, 2(d).

      208.  Positions vacant pending appointment.
     Whenever a vacancy exists in a position exempted from the National Public Service System under subsections (8), (9), or (10) of section 117 of title 52, the administrative duties and ministerial functions of that position may be performed by a qualified regular employee designated by the President to serve in that position in "acting" capacity, pending an appointment to fill the vacancy.  A qualified regular employee so designated by the President to serve in "acting" capacity may serve in that capacity for not more than sixty  days.

Source:  PL 1-120 3.

Cross-reference:  Title 52 of this code is on Public Employment.

      209.  Salaries for President and Vice President.
     As of the date of the commencement of their terms of office, the President of the Federated States of Micronesia shall receive a salary of $32,000 per annum, and the Vice President shall receive a salary of $30,000 per annum.  The President or Vice President shall continue to receive the salary set hereby until their successors take office.  Should a vacancy in either office occur, the successor shall be entitled to the salary attendant to the office assumed as of the date of succession.

Source:  PL IC-27 1; PL 4-75 1.

Editor's note:  PL 4-75, 1 increased the salary of the Vice President from $25,000 per annum to $30,000 per annum.  PL 4-75, 2 made the effective date of this increase the beginning of the term of office of the next Vice President at the time which was expected to occur May 11, 1987.

Cross-reference:  FSM Const., art. X, 7.

      210.  Transition provision.  [REPEALED]

Source:  PL 1-6 7; PL 1_120 4.

Editor's note:  PL 7-91 repealed 210 in its entirety.