§ 901. Establishment of agency Chief Financial Officers

1,988 words·~9 min read·/usc/title-31/section-901

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(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)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.

(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.

(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, § 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.)

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