§ 901. — Establishment of agency Chief Financial Officers.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 31USC901]
TITLE 31--MONEY AND FINANCE
SUBTITLE I--GENERAL
CHAPTER 9--AGENCY CHIEF FINANCIAL OFFICERS
Sec. 901. Establishment of agency Chief Financial Officers
(a) There shall be within each agency described in subsection (b) an
agency Chief Financial 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 consultation with the
head of the agency, from among officials of the agency who are
required 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 demonstrated ability in general management
of, and knowledge of and extensive practical experience 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 Housing and Urban Development.
(H) The Department of the Interior.
(I) The Department of Justice.
(J) The Department of Labor.
(K) The Department of State.
(L) The Department of Transportation.
(M) The Department of the Treasury.
(N) The Department of Veterans Affairs.
(O) The Environmental Protection Agency.
(P) The National Aeronautics and Space Administration.
(2) The agencies referred to in subsection (a)(2) are the following:
(A) The Agency for International Development.
(B) The Federal Emergency Management Agency.
(C) The General Services Administration.
(D) The National Science Foundation.
(E) The Nuclear Regulatory Commission.
(F) The Office of Personnel Management.
(G) The Small Business Administration.
(H) The Social Security Administration.
(c)(1) There shall be within the Executive Office 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 position of Chief Financial Officer established
under this paragraph may be so established in any Office (including the
Office of Administration) of the Executive Office of the President.
(2) The Chief Financial Officer designated or appointed under this
subsection shall, to the extent that the President determines
appropriate and in the interest of the United States, have the same
authority and perform the same functions as apply in the case of a Chief
Financial Officer of an agency described in subsection (b).
(3) The President shall submit to Congress notification with respect
to any provision of section 902 that the President determines shall not
apply to a Chief Financial Officer designated or appointed under this
subsection.
(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 Executive Office of the President.
(Added Pub. L. 101-576, title II, Sec. 205(a), Nov. 15, 1990, 104 Stat.
2842; amended Pub. L. 103-296, title I, Sec. 108(j)(1), Aug. 15, 1994,
108 Stat. 1488; Pub. L. 106-58, title VI, Sec. 638(a), Sept. 29, 1999,
113 Stat. 475.)
Amendments
1999--Subsec. (c). Pub. L. 106-58 added subsec. (c).
1994--Subsec. (b)(2)(H). Pub. L. 103-296 added subpar. (H).
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 functions, personnel, assets, and liabilities of the
Federal Emergency Management Agency, including the functions of the
Director of the Federal Emergency Management Agency relating thereto, to
the Secretary of Homeland Security, and for treatment of related
references, see sections 313(1), 551(d), 552(d), and 557 of Title 6,
Domestic Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified, set out as a note
under section 542 of Title 6.
Chief Financial Officer Within Executive Office of the President
Pub. L. 106-58, title VI, Sec. 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 writing, to the Chairmen of the Committees on
Appropriations, the Chairman of the Committee on Government Reform of
the House of Representatives, and the Chairman of the Committee on
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 Financial 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 thereof, as the President
determines are properly related to the functions of the Chief Financial
Officer under section 901(c) of title 31, United States Code (as added
by subsection (a)).
``(2) The personnel, assets, liabilities, contracts, property,
records, and unexpended balances of appropriations, authorizations,
allocations, and other funds employed, 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 Veterans Affairs and
Department of Housing and Urban Development
Section 205(c)(1) of Pub. L. 101-576 provided that: ``The Secretary
of Veterans Affairs and the Secretary of Housing and Urban Development
may each designate as the agency Chief Financial 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
section 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
Section 206 of Pub. L. 101-576 provided that:
``(a) Agency Reviews of Financial Management Activities.--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, budgeting, and other financial management activities under
the agency Chief Financial Officer appointed under subsection (a) of
that section for the agency.
``(b) Reorganization Proposal.--Not later than 120 days after the
issuance of requirements under subsection (a) and subject to all laws
vesting functions in 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 reorganizing the agency
for the purposes of this Act [see Short Title of 1990 Amendment note set
out under section 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 structure of the
office of the agency Chief Financial Officer, including a
description of the responsibility and authority of financial
management personnel and resources in agencies or other subdivisions
as appropriate 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 Office of Management and Budget shall approve or
disapprove the proposal and notify the head of the agency of that
approval or disapproval. The Director shall approve 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 section from the Director of the
Office of Management and Budget, the head of an agency shall implement
that proposal.''
Chief Financial Officers Council
Section 302 of Pub. L. 101-576 provided that:
``(a) Establishment.--There is established a Chief Financial
Officers Council, consisting of--
``(1) the Deputy Director for Management of the Office of
Management and Budget, who shall act as chairperson of the council;
``(2) the Controller of the Office of Federal Financial
Management of the Office of Management and Budget;
``(3) the Fiscal Assistant Secretary of Treasury; and
``(4) each of the agency Chief Financial Officers appointed
under section 901 of title 31, United States Code, as amended by
this Act.
``(b) Functions.--The Chief Financial Officers Council shall meet
periodically to advise and coordinate the activities of the agencies of
its members on such matters as consolidation and modernization of
financial systems, improved quality of financial information, financial
data and information standards, internal controls, legislation affecting
financial operations and organizations, and any other financial
management matter.''
Section Referred to in Other Sections
This section is referred to in sections 503, 903, 3515 of this
title; title 5 section 1401; title 28 section 507; title 40 section
11315; title 41 section 414; title 42 section 902; title 44 section
3603.
