US Codex
U.S.C.
Notes

§701. Definitions — Inbound Citations

31 U.S.C. § 701

Cited by 135 provisions in release 119-102.

Citations to §701(1)

  • In this title, “agency” means a department, agency, or instrumentality of the United States Government.
  • In this title, “executive agency” means a department, agency, or instrumentality in the executive branch of the United States Government.
  • (i) Information collected by the Department of the Treasury, including report information filed under subchapter II of chapter 53 of this title (such as reports on cash transactions, foreign financial agency transactions and relationships, foreign currency transactions, exporting and importing monetary instruments, and suspicious activities), chapter 2 of title I of Public Law 91–508, and section 21 of the Federal Deposit Insurance Act.
  • (iii) Other records and data maintained by other Federal, State, local, and foreign agencies, including financial and other records developed in specific cases.
  • (i) identify possible criminal activity to appropriate Federal, State, local, Tribal, and foreign law enforcement agencies;
  • (iii) identify possible instances of noncompliance with subchapter II of chapter 53 of this title, chapter 2 of title I of Public Law 91–508, and section 21 of the Federal Deposit Insurance Act to Federal agencies with statutory responsibility for enforcing compliance with such provisions and other appropriate Federal regulatory agencies;
  • (E) Furnish research, analytical, and informational services to financial institutions, appropriate Federal regulatory agencies with regard to financial institutions, and appropriate Federal, State, local, Tribal, and foreign law enforcement authorities, in accordance with policies and guidelines established by the Secretary of the Treasury or the Under Secretary of the Treasury for Enforcement, in the interest of detection, prevention, and prosecution of terrorism, organized crime, money laundering, and other financial crimes.
  • (2) The FinCEN Exchange shall facilitate a voluntary public-private information sharing partnership among law enforcement agencies, national security agencies, financial institutions, other relevant private sector entities, and FinCEN to—
    (A) effectively and efficiently combat money laundering, terrorism financing, organized crime, and other financial crimes, including by promoting innovation and technical advances in reporting—
    (i) under subchapter II of chapter 53 and the regulations promulgated under that subchapter; and
    (ii) with respect to other anti-money laundering requirements;
    (B) protect the financial system from illicit use; and
    (C) promote national security.
  • (II) the extent and effectiveness of those efforts, including any benefits realized by law enforcement agencies from partnering with financial institutions and other relevant private sector entities, which shall be consistent with standards protecting sensitive information; and
  • (ii) Information received by a relevant private sector entity that is not a financial institution pursuant to this section shall not be used for any purpose other than assisting a financial institution in identifying and reporting on activities that may involve the financing of terrorism, money laundering, proliferation financing, or other financial crimes, or in assisting FinCEN or another agency of the Federal Government in mitigating the risk of the financing of terrorism, money laundering, proliferation financing, or other criminal activities.
  • (ii) Nothing in clause (i) may be construed to preclude FinCEN or any other department or agency from reviewing a report required under subparagraph (A) for the sole purpose of protecting—
    (I) sensitive information obtained by a law enforcement agency; and
    (II) classified information.
  • (I) sensitive information obtained by a law enforcement agency; and
  • (E) establish and maintain relationships with officials from foreign intelligence units, regulatory authorities, ministries of finance, central banks, law enforcement agencies, and other competent authorities;
  • (A) The term “foreign anti-money laundering and countering the financing of terrorism authority” means any foreign agency or authority that is empowered under foreign law to regulate or supervise foreign financial institutions (or designated non-financial businesses and professions) with respect to laws concerning anti-money laundering and countering the financing of terrorism and proliferation.
  • (B) The term “foreign financial intelligence unit” means any foreign agency or authority, including a foreign financial intelligence unit that is a member of the Egmont Group of Financial Intelligence Units, that is empowered under foreign law as a jurisdiction’s national center for—
    (i) receipt and analysis of suspicious transaction reports and other information relevant to money laundering, associated predicate offenses, and the financing of terrorism; and
    (ii) the dissemination of the results of the analysis described in clause (i).
  • (C) The term “foreign law enforcement authority” means any foreign agency or authority that is empowered under foreign law to detect, investigate, or prosecute potential violations of law.
  • (2) FinCEN, upon a reasonable request from a Federal agency, shall, in collaboration with the requesting agency and the appropriate Federal functional regulator, analyze the potential anti-money laundering and countering the financing of terrorism activity that prompted the request.
  • (A) For technological improvements to provide authorized law enforcement and financial regulatory agencies with Web-based access to FinCEN data, to fully develop and implement the highly secure network required under section 362 of Public Law 107–56 to expedite the filing of, and reduce the filing costs for, financial institution reports, including suspicious activity reports, collected by FinCEN under chapter 53 and related provisions of law, and enable FinCEN to immediately alert financial institutions about suspicious activities that warrant immediate and enhanced scrutiny, and to provide and upgrade advanced information-sharing technologies to materially improve the Government’s ability to exploit the information in the FinCEN data banks, $16,500,000.
  • (B) other Federal agencies, including—
    (i) the Office to Monitor and Combat Trafficking in Persons of the Department of State; and
    (ii) the Interagency Task Force to Monitor and Combat Trafficking;
  • (C) State and local law enforcement agencies; and
  • (4) Before collecting any data or information under paragraph (2) from an insurer, or affiliate of an insurer, the Office shall coordinate with each relevant Federal agency and State insurance regulator (or other relevant Federal or State regulatory agency, if any, in the case of an affiliate of an insurer) and any publicly available sources to determine if the information to be collected is available from, and may be obtained in a timely manner by, such Federal agency or State insurance regulator, individually or collectively, other regulatory agency, or publicly available sources. If the Director determines that such data or information is available, and may be obtained in a timely manner, from such an agency, regulator, regulatory agency, or source, the Director shall obtain the data or information from such agency, regulator, regulatory agency, or source. If the Director determines that such data or information is not so available, the Director may collect such data or information from an insurer (or affiliate) only if the Director complies with the requirements of subchapter I of chapter 35 of title 44, United States Code (relating to Federal information policy; commonly known as the Paperwork Reduction Act), in collecting such data or information. Notwithstanding any other provision of law, each such relevant Federal agency and State insurance regulator or other Federal or State regulatory agency is authorized to provide to the Office such data or information.
  • (6) The Director shall have the power to require by subpoena the production of the data or information requested under paragraph (2), but only upon a written finding by the Director that such data or information is required to carry out the functions described under subsection (c) and that the Office has coordinated with such regulator or agency as required under paragraph (4). Subpoenas shall bear the signature of the Director and shall be served by any person or class of persons designated by the Director for that purpose. In the case of contumacy or failure to obey a subpoena, the subpoena shall be enforceable by order of any appropriate district court of the United States. Any failure to obey the order of the court may be punished by the court as a contempt of court.
  • (l) Nothing in this section or section 314 shall be construed to limit the authority of any Federal financial regulatory agency, including the authority to develop and coordinate policy, negotiate, and enter into agreements with foreign governments, authorities, regulators, and multinational regulatory committees and to preempt State measures to affect uniformity with international regulatory agreements.
  • (4) The term “Federal financial regulatory agency” means the Department of the Treasury, the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, the Office of Thrift Supervision, the Securities and Exchange Commission, the Commodity Futures Trading Commission, the Federal Deposit Insurance Corporation, the Federal Housing Finance Agency, or the National Credit Union Administration.
  • (B) delivered by an executive agency; and
  • (b) When the Secretary of the Treasury provides a service for an agency (except the Department of the Treasury) for which amounts have not been appropriated to the Department, the agency may advance for credit or reimburse the Department the amounts necessary to provide the service. Notwithstanding section 3302 of this title, amounts advanced or reimbursed may be credited to the appropriation of the Department that is current when the service is provided.
  • (D) the total amount in each category under clauses (A)–(C) of this paragraph for each agency.
  • (7) enter into reciprocal assistance agreements with State and local law enforcement agencies and, in connection with the agreements and otherwise, train employees of those agencies, when necessary, with or without reimbursement;
  • (8) provide laboratory assistance to State and local law enforcement agencies, with or without reimbursement;
  • (b) Any determination of whether a person has violated the provisions of subsection (a) shall be made without regard to any use of a disclaimer of affiliation with the United States Government or any particular agency or instrumentality thereof.
  • (a) Subject to the direction and approval of the Director, the Deputy Director for Management shall establish governmentwide financial management policies for executive agencies and shall perform the following financial management functions:
    (1) Perform all functions of the Director, including all functions delegated by the President to the Director, relating to financial management.
    (2) Provide overall direction and leadership to the executive branch on financial management matters by establishing financial management policies and requirements, and by monitoring the establishment and operation of Federal Government financial management systems.
    (3) Review agency budget requests for financial management systems and operations, and advise the Director on the resources required to develop and effectively operate and maintain Federal Government financial management systems and to correct major deficiencies in such systems.
    (4) Review and, where appropriate, recommend to the Director changes to the budget and legislative proposals of agencies to ensure that they are in accordance with financial management plans of the Office of Management and Budget.
    (5) Monitor the financial execution of the budget in relation to actual expenditures, including timely performance reports.
    (6) Oversee, periodically review, and make recommendations to heads of agencies on the administrative structure of agencies with respect to their financial management activities.
    (7) Develop and maintain qualification standards for agency Chief Financial Officers and for agency Deputy Chief Financial Officers appointed under sections 901 and 903, respectively (excluding any officer designated or appointed under section 901(c)).
    (8) Provide advice to agency heads with respect to the selection of agency Chief Financial Officers and Deputy Chief Financial Officers (excluding any officer designated or appointed under section 901(c)).
    (9) Provide advice to agencies regarding the qualifications, recruitment, performance, and retention of other financial management personnel.
    (10) Assess the overall adequacy of the professional qualifications and capabilities of financial management staffs throughout the Government and make recommendations on ways to correct problems which impair the capacity of those staffs.
    (11) Settle differences that arise among agencies regarding the implementation of financial management policies.
    (12) Chair the Chief Financial Officers Council established by section 302 of the Chief Financial Officers Act of 1990.
    (13) Communicate with the financial officers of State and local governments, and foster the exchange with those officers of information concerning financial management standards, techniques, and processes.
    (14) Issue such other policies and directives as may be necessary to carry out this section, and perform any other function prescribed by the Director.
  • (3) Review agency budget requests for financial management systems and operations, and advise the Director on the resources required to develop and effectively operate and maintain Federal Government financial management systems and to correct major deficiencies in such systems.
  • (4) Review and, where appropriate, recommend to the Director changes to the budget and legislative proposals of agencies to ensure that they are in accordance with financial management plans of the Office of Management and Budget.
  • (6) Oversee, periodically review, and make recommendations to heads of agencies on the administrative structure of agencies with respect to their financial management activities.
  • (7) Develop and maintain qualification standards for agency Chief Financial Officers and for agency Deputy Chief Financial Officers appointed under sections 901 and 903, respectively (excluding any officer designated or appointed under section 901(c)).
  • (8) Provide advice to agency heads with respect to the selection of agency Chief Financial Officers and Deputy Chief Financial Officers (excluding any officer designated or appointed under section 901(c)).
  • (9) Provide advice to agencies regarding the qualifications, recruitment, performance, and retention of other financial management personnel.
  • (11) Settle differences that arise among agencies regarding the implementation of financial management policies.
  • (b) Subject to the direction and approval of the Director, the Deputy Director for Management shall establish general management policies for executive agencies and perform the following general management functions:
    (1) Coordinate and supervise the general management functions of the Office of Management and Budget.
    (2) Perform all functions of the Director, including all functions delegated by the President to the Director, relating to—
    (A) managerial systems, including the systematic measurement of performance;
    (B) procurement policy;
    (C) grant, cooperative agreement, and assistance management;
    (D) information and statistical policy;
    (E) property management;
    (F) human resources management;
    (G) regulatory affairs; and
    (H) other management functions, including organizational studies, long-range planning, program evaluation, productivity improvement, and experimentation and demonstration programs.
    (3) Provide complete, reliable, and timely information to the President, the Congress, and the public regarding the management activities of the executive branch.
    (4) Facilitate actions by the Congress and the executive branch to improve the management of Federal Government operations and to remove impediments to effective administration.
    (5) Chair the Chief Information Officers Council established under section 3603 of title 44.
    (6) Provide leadership in management innovation, through—
    (A) experimentation, testing, and demonstration programs; and
    (B) the adoption of modern management concepts and technologies.
    (7) Work with State and local governments to improve and strengthen intergovernmental relations, and provide assistance to such governments with respect to intergovernmental programs and cooperative arrangements.
    (8) Review and, where appropriate, recommend to the Director changes to the budget and legislative proposals of agencies to ensure that they respond to program evaluations by, and are in accordance with general management plans of, the Office of Management and Budget.
    (9) Provide advice to agencies on the qualification, recruitment, performance, and retention of managerial personnel.
    (10) Perform any other functions prescribed by the Director.
  • (8) Review and, where appropriate, recommend to the Director changes to the budget and legislative proposals of agencies to ensure that they respond to program evaluations by, and are in accordance with general management plans of, the Office of Management and Budget.
  • (9) Provide advice to agencies on the qualification, recruitment, performance, and retention of managerial personnel.
  • (A) adopt governmentwide standards, policies, and guidelines for program and project management for executive agencies;
  • (D) establish standards and policies for executive agencies, consistent with widely accepted standards for program and project management planning and delivery;
  • (G) not less than annually, conduct portfolio reviews of agency programs in coordination with Project Management Improvement Officers designated under section 1126(a)(1) to assess the quality and effectiveness of program management; and
  • (a) To the extent applicable, all laws generally related to administering an agency apply to the Comptroller General.
  • (3) request such documents and information as may be necessary for carrying out the duties and responsibilities provided by this section from any Federal agency;
  • (4) in the performance of the functions assigned by this section, obtain all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence from a person not in the United States Government or from a Federal agency, to the same extent and in the same manner as the Comptroller General under the authority and procedures available to the Comptroller General in section 716 of this title;
  • (i) As used in this section, the term “Federal agency” means a department, agency, instrumentality, or unit thereof, of the Federal Government.
  • (3) analyze expenditures of each executive agency the Comptroller General believes will help Congress decide whether public money has been used and expended economically and efficiently;
  • (a) In this section, “agency” means the Financial Institutions Examination Council, the Board of Governors of the Federal Reserve System (in this section referred to as the “Board”), Federal reserve banks, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency.
  • (b) Under regulations of the Comptroller General, the Comptroller General shall audit an agency, but may carry out an onsite examination of an open insured bank or bank holding company only if the appropriate agency has consented in writing. Audits of the Board and Federal reserve banks may not include—
    (1) transactions for or with a foreign central bank, government of a foreign country, or nonprivate international financing organization;
    (2) deliberations, decisions, or actions on monetary policy matters, including discount window operations, reserves of member banks, securities credit, interest on deposits, and open market operations;
    (3) transactions made under the direction of the Federal Open Market Committee; or
    (4) a part of a discussion or communication among or between members of the Board and officers and employees of the Federal Reserve System related to clauses (1)–(3) of this subsection.
  • (2) An officer or employee of the Office may discuss a customer, bank, or bank holding company with an official of an agency and may report an apparent criminal violation to an appropriate law enforcement authority of the United States Government or a State.
  • (A) authorize an officer or employee of an agency to withhold information from any committee or subcommittee of jurisdiction of Congress, or any member of such committee or subcommittee; or
  • (1) To carry out this section, all records and property of or used by an agency, including samples of reports of examinations of a bank or bank holding company the Comptroller General considers statistically meaningful and workpapers and correspondence related to the reports shall be made available to the Comptroller General. The Comptroller General shall have access to the officers, employees, contractors, and other agents and representatives of an agency and any entity established by an agency at any reasonable time as the Comptroller General may request. The Comptroller General may make and retain copies of such books, accounts, and other records as the Comptroller General determines appropriate. The Comptroller General shall give an agency a current list of officers and employees to whom, with proper identification, records and property may be made available, and who may make notes or copies necessary to carry out an audit.
  • (2) The Comptroller General shall prevent unauthorized access to records, copies of any record, or property of or used by an agency or any person or entity described in paragraph (3)(A) that the Comptroller General obtains during an audit.
  • (1) The Comptroller General is authorized to obtain such agency records as the Comptroller General requires to discharge the duties of the Comptroller General (including audit, evaluation, and investigative duties), including through the bringing of civil actions under this section. In reviewing a civil action under this section, the court shall recognize the continuing force and effect of the authorization in the preceding sentence until such time as the authorization is repealed pursuant to law.
  • (2) Each agency shall give the Comptroller General information the Comptroller General requires about the duties, powers, activities, organization, and financial transactions of the agency. The Comptroller General may inspect an agency record to get the information. This subsection does not apply to expenditures made under section 3524 or 3526(e) of this title.
  • (1) When an agency record is not made available to the Comptroller General within a reasonable time, the Comptroller General may make a written request to the head of the agency. The request shall state the authority for inspecting the records and the reason for the inspection. The head of the agency has 20 days after receiving the request to respond. The response shall describe the record withheld and the reason the record is being withheld. If the Comptroller General is not given an opportunity to inspect the record within the 20-day period, the Comptroller General may file a report with the President, the Director of the Office of Management and Budget, the Attorney General, the head of the agency, and Congress.
  • (2) Through an attorney the Comptroller General designates in writing, the Comptroller General may bring a civil action in the district court of the United States for the District of Columbia to require the head of the agency to produce a record—
    (A) after 20 days after a report is filed under paragraph (1) of this subsection; and
    (B) subject to subsection (d) of this section.
  • (3) The Attorney General may represent the head of the agency. The court may punish a failure to obey an order of the court under this subsection as a contempt of court.
  • (1) The Comptroller General shall maintain the same level of confidentiality for a record made available under this section as is required of the head of the agency from which it is obtained. Officers and employees of the Government Accountability Office are subject to the same statutory penalties for unauthorized disclosure or use as officers or employees of the agency.
  • (a) In this section, “agency” means a department, agency, or instrumentality of the United States Government (except a mixed-ownership Government corporation) or the District of Columbia government.
  • (B) assess program evaluations prepared by and for an agency.
  • (1) The Comptroller General may submit a part of a draft report to an agency for comment for more than 30 days only if the Comptroller General decides, after a showing by the agency, that a longer period is necessary and likely to result in a more accurate report. The report may not be delayed because the agency does not comment within the comment period.
  • (2) When a draft report is submitted to an agency for comment, the Comptroller General shall make the draft report available on request to—
    (A) either House of Congress, a committee of Congress, or a member of Congress if the report was begun because of a request of the House, committee, or member; or
    (B) the Committee on Governmental Affairs of the Senate and the Committee on Government Operations of the House of Representatives if the report was not begun because of a request of either House of Congress, a committee of Congress, or a member of Congress.
  • (1) a statement of significant changes of a finding, conclusion, or recommendation in an earlier draft report because of comments on the draft by an agency;
  • (3) for a draft report submitted under subsection (a) of this section, written comments of the agency submitted during the comment period.
  • (1) specially on expenditures and contracts an agency makes in violation of law;
  • (A) administrative audits of accounts and claims in an agency; and
  • (B) inspections by an agency of offices and accounts of fiscal officials; and
  • (d) The Comptroller General shall report on analyses carried out under section 712(3) of this title to the Committees on Governmental Affairs and Appropriations of the Senate, the Committees on Government Operations and Appropriations of the House, and the committees with jurisdiction over legislation related to the operation of each executive agency.
  • (3) a committee of Congress that requested information on any part of a program or activity of a department, agency, or instrumentality of the United States Government (except a mixed-ownership Government corporation) or the District of Columbia government that is the subject of any part of a report; and
  • (1) evaluate a program or activity of an agency within the jurisdiction of the committee; or
  • (a) In this section, “agency” means a department, agency, or instrumentality of the United States Government (except a mixed-ownership Government corporation) or the District of Columbia government.
  • (b) When the Comptroller General makes a report that includes a recommendation to the head of an agency, the head of the agency shall submit a written statement on action taken or planned on the recommendation by the head of the agency. The statement shall be submitted to—
    (1) the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, the congressional committees with jurisdiction over the agency program or activity that is the subject of the recommendation, and the Government Accountability Office before the 181st day after the date of the report; and
    (2) the Committees on Appropriations of both Houses of Congress in the first request for appropriations submitted more than 180 days after the date of the report.
  • (1) the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, the congressional committees with jurisdiction over the agency program or activity that is the subject of the recommendation, and the Government Accountability Office before the 181st day after the date of the report; and
  • (E) the appropriate distribution of agency funds between annual adjustments under this section and performance-based compensation; and
  • (A) a link between the performance management system and the agency’s strategic plan;
  • (E) a means to ensure that adequate agency resources are allocated for the design, implementation, and administration of the performance management system;
  • (A) the General Accounting Office Personnel Appeals Board1 has the same authority over oversight and appeals matters as an executive agency has over oversight and appeals matters; and
  • (B) the Comptroller General has the same authority over matters (except oversight and appeals) as an executive agency has over matters (except oversight and appeals).
  • (vi) other objective factors such as skills and knowledge that the Comptroller General considers necessary and appropriate to realign the agency’s workforce in order to meet current and future mission needs, to correct skill imbalances, or to reduce high-grade, managerial, or supervisory positions.
  • The Comptroller General is authorized to lease or otherwise provide space and services within the General Accounting Office Building1 to persons, both public and private, or to any department, agency or instrumentality of the United States Government upon such terms and conditions as the Comptroller General deems necessary to protect the public interest. The Comptroller General shall establish a rental rate for such leased space equivalent to the prevailing commercial rate for comparable space devoted to a similar purpose in the vicinity of the General Accounting Office Building.1 Additionally, the Comptroller General may make available, on occasion, or may lease at such rates and on such other terms and conditions as the Comptroller General deems to be in the public interest, auditoriums, meeting rooms, and lobbies of the General Accounting Office Building1 to persons, firms, or organizations engaged in cultural, educational, or recreational activities (as defined in section 3306(a) of title 40). The Comptroller General will consult with the Administrator of General Services and will give priority to Federal agencies in filling available space within the General Accounting Office Building.1 Payments for space or services may be made in advance or by way of reimbursement and shall be deposited to a special account and shall be available for expenditure for operation, maintenance, protection, alteration, or repair of the General Accounting Office Building1 in such amounts as are specified in annual appropriation Acts without regard to fiscal year limitations.
  • (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.
  • (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;
  • (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
  • (A) be appointed by the head of the agency;
  • (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 Administration.
  • (P) The Environmental Protection Agency.
  • (2) The agencies referred to in subsection (a)(2) are the following:
    (A) The Agency for International Development.
    (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.
  • (A) The Agency for International Development.
  • (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).
  • (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.
  • (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 activities relating to the programs and operations of the agency;
    (3) develop and maintain an integrated agency accounting and financial management system, including financial reporting and internal controls, which—
    (A) complies with applicable accounting principles, standards, and requirements, and internal control standards;
    (B) complies with such policies and requirements as may be prescribed by the Director 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 performance;
    (4) make recommendations to the head of the agency regarding the selection of the Deputy Chief Financial Officer of the agency;
    (5) direct, manage, and provide policy guidance and oversight of agency financial management personnel, activities, and operations, including—
    (A) the preparation and annual revision of an agency plan to—
    (i) implement the 5-year financial management 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 established 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 training of personnel to carry out agency financial management functions;
    (D) the approval and management of agency 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 management and control;
    (6) prepare and transmit, by not later than 60 days after the submission of the audit report required by section 3521(f) of this title, an annual report to the agency head and the Director of the Office of Management and Budget, which shall include—
    (A) a description and analysis of the status of financial management of the agency;
    (B) the annual financial statements prepared 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 systems 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;
    (7) monitor the financial execution of the budget of the agency in relation to actual expenditures, and prepare and submit to the head of the agency timely performance reports; and
    (8) review, on a biennial basis, the fees, royalties, rents, and other charges imposed by the agency for services and things of value it provides, and make recommendations on revising those charges to reflect costs incurred by it in providing those services and things of value.
  • (1) report directly to the head of the agency regarding financial management matters;
  • (2) oversee all financial management activities relating to the programs and operations of the agency;
  • (3) develop and maintain an integrated agency accounting and financial management system, including financial reporting and internal controls, which—
    (A) complies with applicable accounting principles, standards, and requirements, and internal control standards;
    (B) complies with such policies and requirements as may be prescribed by the Director 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 performance;
  • (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;
  • (4) make recommendations to the head of the agency regarding the selection of the Deputy Chief Financial Officer of the agency;
  • (5) direct, manage, and provide policy guidance and oversight of agency financial management personnel, activities, and operations, including—
    (A) the preparation and annual revision of an agency plan to—
    (i) implement the 5-year financial management 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 established 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 training of personnel to carry out agency financial management functions;
    (D) the approval and management of agency 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 management and control;
  • (A) the preparation and annual revision of an agency plan to—
    (i) implement the 5-year financial management 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 established 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 training of personnel to carry out agency financial management functions;
  • (D) the approval and management of agency 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 management and control;
  • (6) prepare and transmit, by not later than 60 days after the submission of the audit report required by section 3521(f) of this title, an annual report to the agency head and the Director of the Office of Management and Budget, which shall include—
    (A) a description and analysis of the status of financial management of the agency;
    (B) the annual financial statements prepared 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 systems 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;
  • (A) a description and analysis of the status of financial management of the agency;
  • (C) the audit report transmitted to the head of the agency under section 3521(f) of this title;
  • (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;
  • (7) monitor the financial execution of the budget of the agency in relation to actual expenditures, and prepare and submit to the head of the agency timely performance reports; and
  • (8) review, on a biennial basis, the fees, royalties, rents, and other charges imposed by the agency for services and things of value it provides, and make recommendations on revising those charges to reflect costs incurred by it in providing those services and things of value.
  • (1) In addition to the authority otherwise provided by this section, each agency Chief Financial Officer—
    (A) subject to paragraph (2), shall have access to all records, reports, audits, reviews, documents, papers, recommendations, or other material which are the property of the agency or which are available to the agency, and which relate to programs and operations with respect to which that agency Chief Financial Officer has responsibilities under this section;
    (B) may request such information or assistance as may be necessary for carrying out the duties and responsibilities provided by this section from any Federal, State, or local governmental entity; and
    (C) to the extent and in such amounts as may be provided in advance by appropriations Acts, may—
    (i) enter into contracts and other arrangements with public agencies and with private persons for the preparation of financial statements, studies, analyses, and other services; and
    (ii) make such payments as may be necessary to carry out the provisions of this section.
  • (A) subject to paragraph (2), shall have access to all records, reports, audits, reviews, documents, papers, recommendations, or other material which are the property of the agency or which are available to the agency, and which relate to programs and operations with respect to which that agency Chief Financial Officer has responsibilities under this section;
  • (i) enter into contracts and other arrangements with public agencies and with private persons for the preparation of financial statements, studies, analyses, and other services; and
  • (2) Except as provided in paragraph (1)(B), this subsection does not provide to an agency Chief Financial Officer any access greater than permitted under any other law to records, reports, audits, reviews, documents, papers, recommendations, or other material of any Office of Inspector General established under chapter 4 of title 5.
  • (a) There shall be within each agency described in section 901(b) an agency Deputy Chief Financial Officer, who shall report directly to the agency Chief Financial Officer on financial management matters. The position of agency Deputy Chief Financial Officer shall be a career reserved position in the Senior Executive Service.
  • (b) Consistent with qualification standards developed by, and in consultation with, the agency Chief Financial Officer and the Director of the Office of Management and Budget, the head of each agency shall appoint as Deputy Chief Financial Officer an individual with demonstrated ability and experience in accounting, budget execution, financial and management analysis, and systems development, and not less than 6 years practical experience in financial management at large governmental entities.

Citations to §701(2)