31 U.S.C. § 901 — Establishment of agency Chief Financial

Page 116 TITLE 31—MONEY AND FINANCE § 792 (e) SENSE OF CONGRESS REGARDING PER- SONNEL.—It is the sense of Congress that the Center should be staffed primarily by personnel of the Government Accountability Office who are not otherwise engaged in carrying out other duties of the Office under this chapter, so as to ensure that the operation of the Center will not detract from or impact the oversight and audit work of the Office. (Added Pub. L. 113–235, div. H, title I, § 1401(a)(1), Dec. 16, 2014, 128 Stat. 2539.) Statutory Notes and Related Subsidiaries APPROVAL OF BUSINESS PLAN Pub. L. 113–235, div. H, title I, § 1401(b), Dec. 16, 2014, 128 Stat. 2541, provided that: ‘‘The Comptroller General may not begin operating the Center for Audit Excel- lence under subchapter VII of chapter 7 of title 31, United States Code (as added by subsection (a)) until— ‘‘(1) the Comptroller General submits a business plan for the Center to the Committees on Appropria- tions of the House of Representatives and Senate; and ‘‘(2) each such Committee approves the plan.’’ § 792. Account (a) ESTABLISHMENT OF SEPARATE ACCOUNT.— There is established in the Treasury as a sepa- rate account for the Government Accountability Office the ‘‘Center for Audit Excellence Ac- count’’, which shall consist of the fees deposited by the Comptroller General under section 791(c) and such other amounts as may be appropriated under law. (b) USE OF ACCOUNT.—Amounts in the Center for Audit Excellence Account shall be available to the Comptroller General, in amounts speci- fied in appropriations Acts and without fiscal year limitation, to carry out this subchapter. (Added Pub. L. 113–235, div. H, title I, § 1401(a)(1), Dec. 16, 2014, 128 Stat. 2540.) § 793. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this sub- chapter. (Added Pub. L. 113–235, div. H, title I, § 1401(a)(1), Dec. 16, 2014, 128 Stat. 2540.) CHAPTER 9—AGENCY CHIEF FINANCIAL OFFICERS Sec. 901. Establishment of agency Chief Financial Offi- cers. 902. Authority and functions of agency Chief Fi- nancial Officers. 903. Establishment of agency Deputy Chief Finan- cial Officers. § 901. Establishment of agency Chief Financial Officers (a) There shall be within each agency de- scribed in subsection (b) an agency Chief Finan- cial Officer. Each agency Chief Financial Officer shall— (1) for those agencies described in subsection (b)(1)— (A) be appointed by the President, by and with the advice and consent of the Senate; or (B) be designated by the President, in con- sultation with the head of the agency, from among officials of the agency who are re- quired by law to be so appointed; (2) for those agencies described in subsection (b)(2)— (A) be appointed by the head of the agency; (B) be in the competitive service or the senior executive service; and (C) be career appointees; and (3) be appointed or designated, as applicable, from among individuals who possess dem- onstrated ability in general management of, and knowledge of and extensive practical expe- rience in financial management practices in large governmental or business entities. (b)(1) The agencies referred to in subsection (a)(1) are the following: (A) The Department of Agriculture. (B) The Department of Commerce. (C) The Department of Defense. (D) The Department of Education. (E) The Department of Energy. (F) The Department of Health and Human Services. (G) The Department of Homeland Security. (H) The Department of Housing and Urban Development. (I) The Department of the Interior. (J) The Department of Justice. (K) The Department of Labor. (L) The Department of State. (M) The Department of Transportation. (N) The Department of the Treasury. (O) The Department of Veterans Affairs. (P) The Environmental Protection Agency. (Q) The National Aeronautics and Space Ad- ministration. (2) The agencies referred to in subsection (a)(2) are the following: (A) The Agency for International Develop- ment. (B) The General Services Administration. (C) The National Science Foundation. (D) The Nuclear Regulatory Commission. (E) The Office of Personnel Management. (F) The Small Business Administration. (G) The Social Security Administration. (c)(1) There shall be within the Executive Of- fice of the President a Chief Financial Officer, who shall be designated or appointed by the President from among individuals meeting the standards described in subsection (a)(3). The po- sition of Chief Financial Officer established under this paragraph may be so established in any Office (including the Office of Administra- tion) of the Executive Office of the President. (2) The Chief Financial Officer designated or appointed under this subsection shall, to the ex- tent that the President determines appropriate and in the interest of the United States, have the same authority and perform the same func- tions as apply in the case of a Chief Financial Officer of an agency described in subsection (b). (3) The President shall submit to Congress no- tification with respect to any provision of sec- tion 902 that the President determines shall not apply to a Chief Financial Officer designated or appointed under this subsection. Page 117 TITLE 31—MONEY AND FINANCE § 901 (4) The President may designate an employee of the Executive Office of the President (other than the Chief Financial Officer), who shall be deemed ‘‘the head of the agency’’ for purposes of carrying out section 902, with respect to the Ex- ecutive Office of the President. (Added Pub. L. 101–576, title II, § 205(a), Nov. 15, 1990, 104 Stat. 2842; amended Pub. L. 103–296, title I, § 108(j)(1), Aug. 15, 1994, 108 Stat. 1488; Pub. L. 106–58, title VI, § 638(a), Sept. 29, 1999, 113 Stat. 475; Pub. L. 108–330, § 3(a), (d)(2), Oct. 16, 2004, 118 Stat. 1276, 1277.) Editorial Notes AMENDMENTS 2004—Subsec. (b)(1)(G) to (Q). Pub. L. 108–330, § 3(a), added subpar. (G) and redesignated former subpars. (G) to (P) as (H) to (Q), respectively. Subsec. (b)(2)(B) to (H). Pub. L. 108–330, § 3(d)(2), redes- ignated subpars. (C) to (H) as (B) to (G), respectively, and struck out former subpar. (B) which read as fol- lows: ‘‘The Federal Emergency Management Agency.’’ 1999—Subsec. (c). Pub. L. 106–58 added subsec. (c). 1994—Subsec. (b)(2)(H). Pub. L. 103–296 added subpar. (H). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1999 AMENDMENT Amendment by Pub. L. 106–58 effective at noon on Jan. 20, 2001, see section 638(h) of Pub. L. 106–58, set out as a note under section 503 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103–296, set out as a note under section 401 of Title 42, The Public Health and Welfare. TRANSFER OF FUNCTIONS For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. For transfer of functions, personnel, assets, and li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. CHIEF FINANCIAL OFFICER OF DEPARTMENT OF HOMELAND SECURITY Pub. L. 108–330, § 3(b), (c), Oct. 16, 2004, 118 Stat. 1276, provided that: ‘‘(b) APPOINTMENT OR DESIGNATION OF CFO.—The President shall appoint or designate a Chief Financial Officer of the Department of Homeland Security under the amendment made by subsection (a) [amending this section] by not later than 180 days after the date of the enactment of this Act [Oct. 16, 2004]. ‘‘(c) CONTINUED SERVICE OF CURRENT OFFICIAL.—An individual serving as Chief Financial Officer of the De- partment of Homeland Security immediately before the enactment of this Act, or another person who is ap- pointed to replace such an individual in an acting ca- pacity after the enactment of this Act, may continue to serve in that position until the date of the confirma- tion or designation, as applicable (under section 901(a)(1)(B) of title 31, United States Code), of a suc- cessor under the amendment made by subsection (a).’’ CHIEF FINANCIAL OFFICER WITHIN EXECUTIVE OFFICE OF THE PRESIDENT Pub. L. 106–58, title VI, § 638(b)–(e), Sept. 29, 1999, 113 Stat. 475, provided that: ‘‘(b) PLAN FOR IMPLEMENTATION.—Not later than 90 days after the effective date of this section [noon on Jan. 20, 2001], the President shall communicate in writ- ing, to the Chairmen of the Committees on Appropria- tions, the Chairman of the Committee on Government Reform [now Committee on Oversight and Account- ability] of the House of Representatives, and the Chair- man of the Committee on Governmental Affairs [now Committee on Homeland Security and Governmental Affairs] of the Senate, a plan for implementation of the provisions of, and amendments made by, this section [amending this section and sections 503 and 1105 of this title]. ‘‘(c) DEADLINE FOR APPOINTMENT.—The Chief Finan- cial Officer designated or appointed under section 901(c) of title 31, United States Code (as added by subsection (a)), shall be so designated or appointed not later than 180 days after the effective date of this section [noon on Jan. 20, 2001]. ‘‘(d) PAY.—The Chief Financial Officer designated or appointed under such section shall receive basic pay at the rate payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. ‘‘(e) TRANSFER OF FUNCTIONS.—(1) The President may transfer such offices, functions, powers, or duties there- of, as the President determines are properly related to the functions of the Chief Financial Officer under sec- tion 901(c) of title 31, United States Code (as added by subsection (a)). ‘‘(2) The personnel, assets, liabilities, contracts, prop- erty, records, and unexpended balances of appropria- tions, authorizations, allocations, and other funds em- ployed, held, used, arising from, available or to be made available, of any office the functions, powers, or duties of which are transferred under paragraph (1) shall also be so transferred.’’ CHIEF FINANCIAL OFFICERS OF DEPARTMENT OF VET- ERANS AFFAIRS AND DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Pub. L. 101–576, title II, § 205(c)(1), Nov. 15, 1990, 104 Stat. 2845, provided that: ‘‘The Secretary of Veterans Affairs and the Secretary of Housing and Urban Devel- opment may each designate as the agency Chief Finan- cial Officer of that department for purposes of section 901 of title 31, United States Code, as amended by this section, the officer designated, respectively, under sec- tion 4(c) of the Department of Veterans Affairs Act (38 U.S.C. 201 note) and section 4(e) of the Department of Housing and Urban Development Act (42 U.S.C. 3533(e)), as in effect before the effective date of this Act [Nov. 15, 1990].’’ TRANSFER OF FUNCTIONS AND PERSONNEL OF AGENCY CHIEF FINANCIAL OFFICERS Pub. L. 101–576, title II, § 206, Nov. 15, 1990, 104 Stat. 2845, provided that: ‘‘(a) AGENCY REVIEWS OF FINANCIAL MANAGEMENT AC- TIVITIES.—Not later than 120 days after the date of the enactment of this Act [Nov. 15, 1990], the Director of the Office of Management and Budget shall require each agency listed in subsection (b) of section 901 of title 31, United States Code, as amended by this Act, to conduct a review of its financial management activities for the purpose of consolidating its accounting, budg- eting, and other financial management activities under the agency Chief Financial Officer appointed under sub- section (a) of that section for the agency. ‘‘(b) REORGANIZATION PROPOSAL.—Not later than 120 days after the issuance of requirements under sub- section (a) and subject to all laws vesting functions in Page 118 TITLE 31—MONEY AND FINANCE § 902 particular officers and employees of the United States, the head of each agency shall submit to the Director of the Office of Management and Budget a proposal for re- organizing the agency for the purposes of this Act [see Short Title of 1990 Amendment note set out under sec- tion 501 of this title]. Such proposal shall include— ‘‘(1) a description of all functions, powers, duties, personnel, property, or records which the agency Chief Financial Officer is proposed to have authority over, including those relating to functions that are not related to financial management activities; and ‘‘(2) a detailed outline of the administrative struc- ture of the office of the agency Chief Financial Offi- cer, including a description of the responsibility and authority of financial management personnel and re- sources in agencies or other subdivisions as appro- priate to that agency. ‘‘(c) REVIEW AND APPROVAL OF PROPOSAL.—Not later than 60 days after receiving a proposal from the head of an agency under subsection (b), the Director of the Of- fice of Management and Budget shall approve or dis- approve the proposal and notify the head of the agency of that approval or disapproval. The Director shall ap- prove each proposal which establishes an agency Chief Financial Officer in conformance with section 901 of title 31, United States Code, as added by this Act, and which establishes a financial management structure reasonably tailored to the functions of the agency. Upon approving or disapproving a proposal of an agency under this section, the Director shall transmit to the head of the agency a written notice of that approval or disapproval. ‘‘(d) IMPLEMENTATION OF PROPOSAL.—Upon receiving written notice of approval of a proposal under this sec- tion from the Director of the Office of Management and Budget, the head of an agency shall implement that proposal.’’ CHIEF FINANCIAL OFFICERS COUNCIL Pub. L. 101–576, title III, § 302, Nov. 15, 1990, 104 Stat. 2848, provided that: ‘‘(a) ESTABLISHMENT.—There is established a Chief Fi- nancial Officers Council, consisting of— ‘‘(1) the Deputy Director for Management of the Of- fice of Management and Budget, who shall act as chairperson of the council; ‘‘(2) the Controller of the Office of Federal Finan- cial Management of the Office of Management and Budget; ‘‘(3) the Fiscal Assistant Secretary of Treasury; and ‘‘(4) each of the agency Chief Financial Officers ap- pointed under section 901 of title 31, United States Code, as amended by this Act. ‘‘(b) FUNCTIONS.—The Chief Financial Officers Coun- cil shall meet periodically to advise and coordinate the activities of the agencies of its members on such mat- ters as consolidation and modernization of financial systems, improved quality of financial information, fi- nancial data and information standards, internal con- trols, legislation affecting financial operations and or- ganizations, and any other financial management mat- ter.’’ § 902. Authority and functions of agency Chief Fi- nancial Officers (a) An agency Chief Financial Officer shall— (1) report directly to the head of the agency regarding financial management matters; (2) oversee all financial management activi- ties relating to the programs and operations of the agency; (3) develop and maintain an integrated agen- cy accounting and financial management sys- tem, including financial reporting and inter- nal controls, which— (A) complies with applicable accounting principles, standards, and requirements, and internal control standards; (B) complies with such policies and re- quirements as may be prescribed by the Di- rector of the Office of Management and Budget; (C) complies with any other requirements applicable to such systems; and (D) provides for— (i) complete, reliable, consistent, and timely information which is prepared on a uniform basis and which is responsive to the financial information needs of agency management; (ii) the development and reporting of cost information; (iii) the integration of accounting and budgeting information; and (iv) the systematic measurement of per- formance; (4) make recommendations to the head of the agency regarding the selection of the Dep- uty Chief Financial Officer of the agency; (5) direct, manage, and provide policy guid- ance and oversight of agency financial man- agement personnel, activities, and operations, including— (A) the preparation and annual revision of an agency plan to— (i) implement the 5-year financial man- agement plan prepared by the Director of the Office of Management and Budget under section 3512(a)(3) of this title; and (ii) comply with the requirements estab- lished under sections 3515 and subsections (e) and (f) of section 3521 of this title; (B) the development of agency financial management budgets; (C) the recruitment, selection, and train- ing of personnel to carry out agency finan- cial management functions; (D) the approval and management of agen- cy financial management systems design or enhancement projects; (E) the implementation of agency asset management systems, including systems for cash management, credit management, debt collection, and property and inventory man- agement and control; (6) prepare and transmit, by not later than 60 days after the submission of the audit re- port required by section 3521(f) of this title, an annual report to the agency head and the Di- rector of the Office of Management and Budg- et, which shall include— (A) a description and analysis of the status of financial management of the agency; (B) the annual financial statements pre- pared under section 3515 of this title; (C) the audit report transmitted to the head of the agency under section 3521(f) of this title; (D) a summary of the reports on internal accounting and administrative control sys- tems submitted to the President and the Congress under the amendments made by the Federal Managers’ Financial Integrity Act of 1982 (Public Law 97–255); and (E) other information the head of the agency considers appropriate to fully inform the President and the Congress concerning the financial management of the agency;