0:'document certified by government publishing office pkisupport@gpo.gov signed by government publishing office pkisupport@gpo.gov time: 2022.12.24 10:13:59 0500 reason: government publishing', 1:'office attests that this document has not been altered since it was disseminated by government publishing office location: government publishing', 2:'office, washington, dc 20401 public law 101576—nov. 15, 1990 104 stat. 2839 ment and in each major executive agency in', 3:'the federal government. 2provide for improvement, in each agency of the federal government, of systems of accounting, financial management, and', 4:'internal controls to assure the issuance of reliable financial information and to deter fraud, waste, and abuse of government resources.', 5:'3 provide for the production of complete, reliable, timely, and consistent financial information for use by the executive branch of', 6:'the government and the congress in the financing, management, and evaluation of federal programs. title ii—establishment of chief financial officers', 7:'sec. 201. deputy director for management. section 502 of title 31, united states code, as amended by this act, is', 8:'amended— 1by redesignating subsections c, d, and e, as amended by this section, as subsections d, e, and f; and', 9:'2by inserting after subsection b the following: c the office has a deputy director for management appointed by the president,', 10:'by and with the advice and consent of the senate. the deputy director for management shall be the chief official', 11:'responsible for financial management in the united states government.. sec. 202. functions of deputy director for management. a clerical amendments.—sections', 12:'503 and 504 of title 31, united states code, are redesignated in order as sections 505 and 506, respectively. b', 13:'functions of deputy director for management.—subchapter i of chapter 5 of title 31, united states code, is amended by inserting', 14:'after section 502 the following: § 503. functions of deputy director for management a subject to the direction and approval', 15:'of the director, the deputy director for management shall establish governmentwide financial management policies for executive agencies and shall perform', 16:'the following financial management functions: 1 perform all functions of the director, including all functions delegated by the president to', 17:'the director, relating to financial management. 2 provide overall direction and leadership to the executive branch on financial management matters', 18:'by establishing financial management policies and requirements, and by monitoring the establishment and operation of federal government financial management systems.', 19:'3 review agency budget requests for financial management systems and operations, and advise the director on the resources required to', 20:'develop and effectively operate and maintain federal government financial management systems and to correct major deficiencies in such systems. 4', 21:'review and, where appropriate, recommend to the director changes to the budget and legislative proposals of agencies to ensure that', 22:'they are in accordance with financial management plans of the office of management and budget. 104 stat. 2840 public law', 23:'101576—nov. 15, 1990 5 monitor the financial execution of the budget in relation to actual expenditures, including timely performance reports.', 24:'6 oversee, periodically review, and make recommendations to heads of agencies on the administrative structure of agencies with respect to', 25:'their financial management activities. 7 develop and maintain qualification standards for agency chief financial officers and for agency deputy chief', 26:'financial officers appointed under sections 901 and 903, respectively. 8 provide advice to agency heads with respect to the selection', 27:'of agency chief financial officers and deputy chief financial officers. 9 provide advice to agencies regarding the qualifications, recruitment, performance,', 28:'and retention of other financial management personnel. 10 assess the overall adequacy of the professional qualifications and capabilities of financial', 29:'management staffs throughout the government and make recommendations on ways to correct problems which impair the capacity of those staffs.', 30:'11 settle differences that arise among agencies regarding the implementation of financial management policies. 12 chair the chief financial officers', 31:'council established by section 302 of the chief financial officers act of 1990. 13 communicate with the financial officers of', 32:'state and local governments, and foster the exchange with those officers of information concerning financial management standards, techniques, and processes.', 33:'14 issue such other policies and directives as may be necessary to carry out this section, and perform any other', 34:'function prescribed by the director. b subject to the direction and approval of the director, the deputy director for maneigement', 35:'shall establish general management policies for executive agencies and perform the following general management functions: 1 coordinate and supervise the', 36:'general management functions of the office of management and budget. 2 perform all functions of the director, including all functions', 37:'delegated by the president to the director, relating to— a managerial systems, measurement of performance; b procurement policy; including the', 38:'systematic c grant, cooperative agreement, and assistance management; d information and statistical policy; e property management; f human resources management;', 39:'g regulatory affairs; and h other mansigement functions, including organizational studies, longrange planning, program evaluation, productivity improvement, and experimentation and', 40:'demonstration programs. 3 provide complete, reliable, and timely information to the president, the congress, and the public regarding the management', 41:'activities of the executive branch. 4 facilitate actions by the cjongress and the executive branch to improve the management of', 42:'federal government operations and to remove impediments to effective administration. public law 101576—nov. 15, 1990 104 stat. 2841 5 provide', 43:'leadership in management innovation, through— a experimentation, testing, and demonstration programs; and b the adoption of modern management concepts and', 44:'technologies. 6 work with state and local governments to improve and strengthen intergovernmental relations, and provide assistance to such governments', 45:'with respect to intergovernmental programs and cooperative arrangements. 7 review and, where appropriate, recommend to the director changes to the', 46:'budget and legislative proposals of agencies to ensure that they respond to program evaluations by, and are in accordance with', 47:'general management plans of, the office of management and budget. 8 provide advice to agencies on the qualification, recruitment, performance,', 48:'and retention of managerial personnel. 9 perform any other functions prescribed by the director.. sec. 203. office of federal financial', 49:'management. a estabushment.—subchapter i of chapter 5 of title 31, united states code, as amended by this act, is amended', 50:'by inserting after section 503 as added by section 202 of this act the following: § 504. ofhce of federal', 51:'financial management a there is established in the office of management and budget an office to be known as the', 52:'office of federal financial management. the office of federal financial management, under the direction and control of the deputy director', 53:'for management of the office of management and budget, shall carry out the financial management functions listed in section 503a', 54:'of this title. b there shall be at the head of the office of federal financial management a controller, who', 55:'shall be appointed by the president, by and with the advice and consent of the senate. the controller shall be', 56:'appointed from among individuals who possess— 1 demonstrated ability and practical experience in accounting, financial management, and financial systems; and', 57:'2 extensive practical experience in financial management in large governmental or business entities. c the controller of the office of', 58:'federal financial management shall be the deputy and principal advisor to the deputy director for management in the performance by', 59:'the deputy director for management of functions described in section 503a.. b statement of appropriations in budget.—section 1105a of title', 60:'31, united states code, is amended by adding at the end the following: 28 a separate statement of the amount', 61:'of appropriations requested for the office of federal financial management.. c clerical amendment.—the table of contents at the beginning of', 62:'chapter 5 of title 31, united states code, is amended by striking the items relating to sections 503 and 504', 63:'and inserting the following: 503. functions of deputy director for management. 504. office of federal financial management. 505. office of', 64:'information and regulatory affairs. 506. office of federal procurement policy.. : i 104 stat. 2842 public law 101576—nov. 15, 1990', 65:'31 use 501 note. sec. 204. duties and functions of the department of the treasury. nothing in this act shall', 66:'be construed to interfere with the exercise of the functions, duties, and responsibilities of the department of the treasury, as', 67:'in effect immediately before the enactment of this act. sec. 205. agency chief financial officers. a in general.—subtitle i of', 68:'title 31, united states code, is amended by adding at the end the following new chapter: chapter 9—agency chief financial', 69:'officers sec. 901. establishment of agency chief financial officers. 902. authority and functions of agency chief fintmcial officers. 903. establishment', 70:'of agency deputy chief financial officers. § 901. establishment of agency chief financial officers a there shall be within each', 71:'agency described in subsection b an agency chief financial officer. each agency chief financial officer shall— 1 for those agencies', 72:'described in subsection bxd— a be appointed by the president, by and with the advice and consent of the senate;', 73:'or b be designated by the president, in consultation with the head of the agency, from among officials of the', 74:'agency who are required by law to be so appointed; 2 for those agencies described in subsection otx2— a be', 75:'appointed by the head of the g^ency; b be in the competitive service or the senior executive service; and c', 76:'be career appointees; and 3 be appointed or designated, as applicable, from among individuals who possess demonstrated ability in general', 77:'maneigement of, and knowledge of and extensive practical experience in financial management practices in large governmental or business entities. bxd', 78:'the agencies referred to in subsection axd are the following: a the department of agriculture. b the department of commerce.', 79:'c the department of defense. d the department of education. e the department of energy. f the department of health', 80:'and human services. g the department of housing and urban development. h the department of the interior. i the department', 81:'of justice. j the department of labor. k the department of state. l the department of transportation. m the department', 82:'of the treasury. n the department of veterans affairs. o the environmental protection agency. p the national aeronautics and space', 83:'administration. 2 the agencies referred to in subsection ax2 are the following: public law 101576—nov. 15, 1990 104 stat. 2843', 84:'a the agency for international development. b the federal emergency management agency. c the general services administration. d the national', 85:'science foundation. e the nuclear regulatory commission. f the office of personnel management. g the small business administration. § 902.', 86:'authority and functions of agency chief financial offlcers a an agency chief financial officer shall— 1 report directly to the', 87:'head of the agency regarding financial management matters; 2 oversee all financial management activities relating to the programs and operations', 88:'of the agency; 3 develop and maintain an integrated agency accounting and financial management system, including financial reporting and internal', 89:'controls, which— a complies with applicable accounting principles, standards, and requirements, and internal control standards; b complies with such policies', 90:'and requirements as may be prescribed by the director of the office of management and budget; c complies with any', 91:'other requirements applicable to such systems; and d provides for— i complete, reliable, consistent, and timely information which is prepared', 92:'on a uniform basis and which is responsive to the financial information needs of agency management; ii the development and', 93:'reporting of cost information; iii the integration of accounting and budgeting information; and iv the systematic measurement of performance; 4', 94:'make recommendations to the head of the agency regarding the selection of the deputy chief financial officer of the agency;', 95:'5 direct, manage, and provide policy guidance and oversight of agency financial management personnel, activities, and operations, including— a the', 96:'preparation and annual revision of an agency plan to— i implement the 5year financial management plan prepared by the director', 97:'of the office of management and budget under section 3512a3 of this title; and ii comply with the requirements established', 98:'under sections 3515 and subsections e and f of section 3521 of this title; b the development of agency financial', 99:'management budgets; c the recruitment, selection, and training of personnel to carry out agency financial management functions; d the approval', 100:'and management of agency financial management systems design or enhancement projects; e the implementation of agency asset management systems, including', 101:'systems for cash management, credit 104 stat. 2844 public law 101576—nov. 15, 1990 reports. reports. management, debt collection, and property', 102:'and inventory management and control; 6 prepare and transmit, by not later than 60 days after the submission of the', 103:'audit report required by section 3521f of this title, an annual report to the agency head and the director of', 104:'the office of management and budget, which shall include— a a description and analysis of the status of financial management', 105:'of the agency; b the annual financial statements prepared under section 3515 of this title; c the audit report transmitted', 106:'to the head of the agency under section 3521f of this title; d a summary of the reports on internal', 107:'accounting and administrative control systems submitted to the president and the congress under the amendments made by the federal managers', 108:'financial integrity act of 1982 public law 97255; and e other information the head of the agency considers appropriate to', 109:'fully inform the president and the congress concerning the financial management of the agency; 7 monitor the financial execution of', 110:'the budget of the agency in relation to actual expenditures, and prepare and submit to the head of the agency', 111:'timely performance reports; and 8 review, on a biennial basis, the fees, royalties, rents, and other charges imposed by the', 112:'agency for services and things of value it provides, and make recommendations on revising those charges to reflect costs incurred', 113:'by it in providing those services and things of value. bxd in addition to the authority otherwise provided by this', 114:'section, each agency chief financial officer— a subject to paragraph 2, shall have access to all records, reports, audits, reviews,', 115:'documents, papers, recommendations, or other material which are the property of the agency or which are available to the agency,', 116:'and which relate to programs and operations with respect to which that agency chief financial officer has responsibilities under this', 117:'section; b may request such information or assistance as may be necessary for carrying out the duties and responsibilities provided', 118:'by this section from any federal, state, or local governmental entity; and c to the extent and in such amounts', 119:'as may be provided in advance by appropriations acts, may— i enter into contracts and other arrangements with public agencies', 120:'and with private persons for the preparation of financial statements, studies, analyses, and other services; and ii make such payments', 121:'as may be necessary to carry out the provisions of this section. 2 except as provided in paragraph ixb, this', 122:'subsection does not provide to an agency chief financial officer any access greater than permitted under any other law to', 123:'records, reports, audits, reviews, documents, papers, recommendations, or other material of any office of inspector general established under the inspector', 124:'general act of 1978 5 u.s.c. app.. public law 101576—nov. 15, 1990 104 stat. 2845 § 903. establishment of agency', 125:'deputy chief financial ofhcers a there shall be within each agency described in section 901b an agency deputy chief financial', 126:'officer, who shall report directly to the agency chief financial officer on financial management matters. the position of agency deputy', 127:'chief financial officer shall be a career reserved position in the senior executive service. b consistent with qualification standards developed', 128:'by, and in consultation with, the agency chief financial officer and the director of the office of management and budget,', 129:'the head of each agency shall appoint as deputy chief financial officer an individual with demonstrated ability and experience in', 130:'accounting, budget execution, financial and management analysis, and systems development, and not less than 6 years practical experience in financial', 131:'management at large governmental entities.. b clerical amendment.—the table of chapters at the beginning of subtitle i of title 31,', 132:'united states code, is amended by adding at the end the following: 9. agency chief financial officers 901.. c chief', 133:'financial officers of department of veterans af31 use 90i note. fairs and department of housing and urban development.— 1 designation.—the', 134:'secretary of veterans affairs and the secretary of housing and urban development may each designate as the agency chief financial', 135:'officer of that department for purposes of section 901 of title 31, united states code, as amended by this section,', 136:'the officer designated, respectively, under section 4c of the department of veterans affairs act 38 u.s.c. 201 note and section', 137:'4e of the department of housing and urban development act 42 u.s.c. 3533e, as in effect before the effective date', 138:'of this act. 2 conforming amendment.—section 4c of the department of veterans affairs act 38 u.s.c. 201 note and section', 139:'4e of the department of housing and urban development act 42 u.s.c. 3533e, as added by section 121 of public', 140:'law 101235, are repealed. sec. 206. transfer of functions and personnel of agency chief 31 usc 901 note. financial officers.', 141:'a agency reviews of financial management activities.— not later than 120 days after the date of the enactment of this', 142:'act, the director of the office of management and budget shall require each agency listed in subsection b of section', 143:'901 of title 31, united states code, as amended by this act, to conduct a review of its financial management', 144:'activities for the purpose of consolidating its accounting, budgeting, and other financial management activities under the agency chief financial officer', 145:'appointed under subsection a of that section for the agency. b reorganization proposal.—not later than 120 days after the issuance', 146:'of requirements under subsection a and subject to all laws vesting functions in particular officers and employees of the united', 147:'states, the head of each agency shall submit to the director of the office of management and budget a proposal', 148:'for reorganizing the agency for the purposes of this act. such proposal shall include— 1 a description of all functions,', 149:'powers, duties, personnel, property, or records which the agency chief financial officer is proposed to have authority over, including those', 150:'relating to 104 stat. 2846 public law 101576—nov. 15, 1990 functions that are not related to financial management activities; and', 151:'2 a detailed outline of the administrative structure of the office of the agency chief financial officer, including a description', 152:'of the responsibility and authority of financial management personnel and resources in agencies or other subdivisions as appropriate to that', 153:'agency. c review and approval of proposal.—not later than 60 days after receiving a proposal from the head of an', 154:'agency under subsection b, the director of the office of management and budget shall approve or disapprove the proposal and', 155:'notify the head of the agency of that approval or disapproval. the director shall approve each proposal which establishes an', 156:'agency chief financial officer in conformance with section 901 of title 31, united states code, as added by this act,', 157:'and which establishes a financial management structure reasonably tailored to the functions of the agency. upon approving or disapproving a', 158:'proposal of an agency under this section, the director shall transmit to the head of the agency a written notice', 159:'of that approval or disapproval. d implementation of proposal.—upon receiving written notice of approval of a proposal under this section', 160:'from the director of the office of management and budget, the head of an agency shall implement that proposal. sec.', 161:'207. compensation. a compensation, level ii.—section 5313 of title 5, united states code, is amended by adding at the end', 162:'the following: deputy director for management, office of management and budget.. b compensation, level iiisection 5314 of title 5, united', 163:'states code, is amended by adding at the end the following: controller, office of federal financial management, office of management', 164:'and budget.. c compensation, level iv.—section 5315 of title 5, united states code, is amended by adding at the end', 165:'the following: chief financial officer, department of agriculture. chief financial officer, department of commerce. chief financial officer, department of defense.', 166:'chief financial officer, department of education. chief financial officer, department of energy. chief financial officer, department of health and human', 167:'services. chief financial officer, department of housing and urban development. chief financial officer, department of the interior. chief financial officer,', 168:'department of justice. chief financial officer, department of labor. chief financial officer, department of state. chief financial officer, department of', 169:'transportation. chief financial officer, department of the treasury. chief financial officer, department of veterans affairs. chief financial officer, environmental protection', 170:'agency. chief financial officer, national aeronautics and space administration.. public law 101576—nov. 15, 1990 104 stat. 2847 title iii—enhancement of', 171:'federal financial management activities sec. 301. financial management status report; 5year plan of director of office of management and budget.', 172:'ain general.—section 3512 of title 31, united states code, is amended by striking the heading thereof, redesignating subsections athrough f', 173:'in order as subsections b through g, and by inserting before such subsection b, as so redesignated, the following: §', 174:'3512. executive agency accounting and other flnancial management reports and plans axd the director of the office of management and', 175:'budget shall prepare and submit to the appropriate committees of the congress a financial management status report and a governmentwide', 176:'5year financial management plan. 2 a financial management status report under this subsection shall include— a a description and analysis', 177:'of the status of financial management in the executive branch; b a summary of the most recently completed financial statements—', 178:'i of federal agencies under section 3515 of this title; and ii of government corporations; c a summary of the', 179:'most recently completed financial statement audits and reports— i of federal agencies under section 3521 e and f of this', 180:'title; and ii of government corporations; d a summary of reports on internal accounting and administrative control systems submitted to', 181:'the president and the congress under the amendments made by the federal managers financial integrity act of 1982 public law', 182:'97255; and e any other information the director considers appropriate to fully inform the dongress regarding the finsmcial management of', 183:'the federal government. 3xa a governmentwide 5year financial management plan under this subsection shall describe the activities the director, the', 184:'deputy director for management, the controller of the office of federal financial management, and agency chief financial officers shall conduct', 185:'over the next 5 fiscal years to improve the financial management of the federal government. b each governmentwide 5year financial', 186:'management plan prepared under this subsection shall— i describe the existing financial management structure and any changes needed to establish', 187:'an integrated financial management system; ii be consistent with applicable accounting principles, standards, and requirements; iii provide a strategy for', 188:'developing and integrating individual agency accounting, financial information, and other financial management systems to ensure adequacy, consistency, and timeliness of', 189:'financial information; 104 stat. 2848 public law 101576—nov. 15, 1990 iv identify and make proposals to eliminate duplicative and unnecessary', 190:'systems, including encouraging agencies to share systems which have sufficient capacity to perform the functions needed; v identify projects to', 191:'bring existing systems into compliance with the applicable standards and requirements; vi contain milestones for equipment acquisitions and other actions', 192:'necessary to implement the 5year plan consistent with the requirements of this section; vii identify financial management personnel needs and', 193:'actions to ensure those needs are met; viii include a plan for ensaring the annual audit of financial statements of', 194:'executive agencies pursuant to section 3521h of this title; and ix estimate the costs of implementing the governmentwide 5year plan.', 195:'4a not later than 15 months after the date of the enactment of this subsection, the director of the office', 196:'of management and budget shall submit the first financial management status report and governmentwide 5year financial management plan under this', 197:'subsection to the appropriate committees of the congress. bi not later than january 31 of each year thereafter, the director', 198:'of the office of management and budget shall submit to the appropriate committees of the congress a financial management status', 199:'report and a revised governmentwide 5year financial management plan to cover the succeeding 5 fiscal years, including a report on', 200:'the accomplishments of the executive branch in implementing the plan during the preceding fiscal year. ii the director shall include', 201:'with each revised governmentwide 5year financial management plan a description of any substantive changes in the financial statement audit plan', 202:'required by paragraph 3bviii, progress made by executive agencies in implementing the audit plan, and any improvements in federal government', 203:'financial management related to preparation and audit of financial statements of executive agencies. 5 not later than 30 days after', 204:'receiving each annual report under section 902a6 of this title, the director shall transmit to the chairman of the committee', 205:'on government operations of the house of representatives and the chairman of the committee on governmental affairs of the senate', 206:'a final copy of that report and any comments on the report by the director.. b clerical amendment.—the table of', 207:'contents at the beginning of chapter 35 of title 31, united states code, is amended by striking the item relating', 208:'to section 3512 and inserting the following: 3512. executive agency accounting and other financial management reports and plans.. 31 us', 209:'e 901 note. sec. 302. chief financial officers council. a establishment.—there is established a chief financial officers council, consisting of—', 210:'1 the deputy director for management of the office of management and budget, who shall act as chairperson of the', 211:'council; 2the controller of the office of federal financial management of the office of management and budget; 3the fiscal assistant', 212:'secretary of treasury; and public law 101576—nov. 15, 1990 104 stat. 2849 4 each of the agency chief financial officers', 213:'appointed under section 901 of title 31, united states code, as amended by this act. b functions.—the chief financial officers', 214:'council shall meet periodically to advise and coordinate the activities of the agencies of its members on such matters as', 215:'consolidation and modernization of financial systems, improved quality of financial information, financial data and information standards, internal controls, legislation affecting', 216:'financial operations and organizations, and any other financial management matter. sec. 303. financial statements of agencies. a preparation of financial', 217:'statements.— 1 in general.—subchapter ii of chapter 35 of title 31, united states code, is amended by adding at the', 218:'end the following: § 3515. financial statements of agencies a not later than march 31 of 1992 and each year', 219:'thereafter, the head of each executive agency identified in section 901b of this title shall prepare and submit to the', 220:'director of the office of management and budget a financial statement for the preceding fiscal year, covering— 1 each revolving', 221:'fund and trust fund of the agency; and 2 to the extent practicable, the accounts of each office, bureau, and', 222:'activity of the agency which performed substantial commercial functions during the preceding fiscal year. ot each financial statement of an', 223:'executive agency under this section shall reflect— 1 the overall financial position of the revolving funds, trust funds, offices, bureaus,', 224:'and activities covered by the statement, including assets and liabilities thereof; 2 results of operations of those revolving funds, trust', 225:'funds, offices, bureaus, and activities; 3 cash flows or changes in flnancial position of those revolving funds, trust funds, offices,', 226:'bureaus, and activities; and 4 a reconciliation to budget reports of the executive agency for those revolving funfe, trust funds,', 227:'offices, bureaus, and activities. c the director of the office of management and budget shall prescribe the form and content', 228:'of the financial statements of executive agencies under this section, consistent with applicable accounting principles, standards, and requirements. d for', 229:'purposes of this section, the term commercial functions includes bujdng and leasing of real estate, providing insurance, making loans and', 230:'loan guarantees, and other credit programs and any activity involving the provision of a service or thing of value for', 231:'which a fee, royalty, rent, or other charge is imposed by an agency for services and things of value it', 232:'provides. e not later than march 31 of each year, the head of each executive agency designated by the president', 233:'may prepare and submit to the director of the cffice of management and budget a financial statement for the preceding', 234:'fiscal year, covering accounts of offices, bureaus, and activities of the agency in addition to those described in subsection a..', 235:'2 effective date of subsection.—subsection e of section 31 use 3515 3515 of title 31, united states code, as added', 236:'by paragraph 1, ote. 104 stat. 2850 public law 101576—nov. 15, 1990 shall take effect on the date on which', 237:'a resolution described in subsection b1 of this section is passed by the congress and approved by the president. 31', 238:'use 3515 3 waiver of requirement.—the director of the office of note management and budget may, for fiscal year 1991,', 239:'waive the application of section 3515a of title 31, united states code, as amended by this subsection, with respect to', 240:'any revolving fund, trust fund, or account of an executive agency. 31 use 3515 b resolution approving designation of agencies.—', 241:'^°^ 1 resolution described.—a resolution referred to in subsection ax2 is a joint resolution the matter after the resolving clause', 242:'of which is as follows: that the congress approves the executive agencies designated by the president pursuant to section 3515e', 243:'of title 31, united states code.. 2 introduction of resolution.—no later than the first day of session following the day', 244:'on which the president submits to the congress a designation of executive agencies authorized to submit financial statements under section', 245:'3515e of title 31, united states code, as added by subsection a, a resolution as described in paragraph 1 shall', 246:'be introduced by request in the house by the chairman of the committee on government operations of the house of', 247:'representatives, or by a member or members of the house designated by such chairman; and shall be introduced by request', 248:'in the senate by the chairman of the committee on governmental affairs of the senate, or by a member or', 249:'members of the senate designated by such chairman. 3 referral.—a resolution described in paragraph 1, shall be referred to the', 250:'committee on governmental affairs of the senate and the committee on government operations of the house and all resolutions with', 251:'respect to the same designation of executive agencies shall be referred to the same committee by the president of the', 252:'senate or the speaker of the house of representatives, as the case may be. the committee shall make its recommendations', 253:'to the house of representatives or the senate, respectively, within 60 calendar days of continuous session of the congress following', 254:'the date of such resolutions introduction. 4 discharge of committee.—if the committee to which is referred a resolution introduced pursuant', 255:'to paragraph 2 or, in the absence of such a resolution, the first resolution introduced with respect to the same', 256:'designation of executive agencies has not reported such resolution or identical resolution at the end of 60 calendar days of', 257:'continuous session of the congress after its introduction, such committee shall be deemed to be discharged from further consideration of', 258:'such resolution and such resolution shall be placed on the appropriate calendar of the house involved. 5 procedure after report', 259:'or discharge of committee; vote on final passage.—a when the committee has reported, or has been deemed to be discharged', 260:'under paragraph 4 from further consideration of, a resolution described in paragraph 1, it is at any time thereafter in', 261:'order even though a previous motion to the same effect has been disagreed to for any member of the respective', 262:'house to move to proceed to the consideration of the resolution. the motion is highly privileged and is not debatable.', 263:'the motion shall not be subject to amend public law 101576—nov. 15, 1990 104 stat. 2851 ment, or to a', 264:'motion to postpone, or a motion to proceed to the consideration of other business. a motion to reconsider the vote', 265:'by which the motion is agreed to or disagreed to shall not be in order. if a motion to proceed', 266:'to the consideration of the resolution is agreed to, the resolution shall remain the unfinished business of the respective house', 267:'until disposed of. b debate on the resolution, gmd on all debatable motions and appeals in connection therewith, shall be', 268:'limited to not more than 10 hours, which shall be divided equally between individuals favoring and individuals opposing the resolution.', 269:'a motion further to limit debate is in order and not debatable. an amendment to, or a motion to postpone,', 270:'or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not', 271:'in order. a motion to reconsider the vote by which the resolution is passed or rejected shall not be in', 272:'order. cimmediately following the conclusion of the debate on the resolution and a single quorum call at the conclusion of', 273:'the debate if requested in accordance with the rules of the appropriate house, the vote on final passage of the', 274:'resolution shall occur. dappeals from the decisions of the chair relating to the application of the rules of the senate', 275:'or the house of representatives, as the case may be, to the procedure relating to a resolution described in paragraph', 276:'1, shall be decided without debate. eif, prior to the passage by one house of a resolution of that house,', 277:'that house receives a resolution with respect to the same designation of executive agencies from the other house, then— ithe', 278:'procedure in that house shall be the same as if no resolution had been received from the other house; but', 279:'iithe vote on final passage shall be on the resolution of the other house. fit shall not be in order', 280:'in either the house of representatives or the senate to consider a resolution described in paragraph 1, or to consider', 281:'any conference report on such a resolution, unless the director of the office of management and budget submits to the', 282:'congress a report under subsection e. c report on substantial commercial functions.—not later 3i use 3515 than 180 days after', 283:'the date of the enactment of this act, the °^ director of the office of management and budget shall determine', 284:'and report to the congress on which executive agencies or parts thereof perform substantial commercial functions for which financial statements', 285:'can be prepared practicably under section 3515 of title 31, united states code, as added by this section. d pilot', 286:'project.—1 not later than march 31 of each of 1991, 31 usc 3515 1992, and 1993, the head of the', 287:'departments of agriculture, labor, oteand veterans affairs, the general services administration, and the social security administration shall each prepare and', 288:'submit to the director of the office of management and budget financial statements for the preceding fiscal year for the', 289:'accounts of all of the offices, bureaus, and activities of that department or administration. 2not later than march 31 of', 290:'each of 1992 and 1993, the head of the departments of housing and urban development and the army shall prepare', 291:'and submit to the director of the office of management and budget financial statements for the preceding fiscal year 104', 292:'stat. 2852 public law 101576—nov. 15, 1990 for the accounts of all of the offices, bureaus, and activities of that', 293:'department. 3not later than march 31, 1993, the head of the department of the air force, the internal revenue service,', 294:'and the united states customs service, shall each prepare and submit to the director of the office of management and', 295:'budget financial statements for the preceding fiscal year for the accounts of all of the offices, bureaus, and activities of', 296:'that department or service. 4each financial statement prepared under this subsection shall be audited in accordance with section 3521 e,', 297:'f, g, and h of title 31, united states code. 31 use 3515 e report on initial financial statements.—not later', 298:'than °® june 30,1993, the director of the office of management and budget shall report to the congress on the', 299:'financial statements prepared for fiscal years 1990, 1991, and 1992 under subsection a of section 3515 of title 31, united', 300:'states code as added by subsection a of this section and under subsection d of this section. the report shall', 301:'include analysis of^ 1the accuracy of the data included in the financial statements; 2the difficulties each department and agency encountered', 302:'in preparing the data included in the financial statements; 3the benefits derived from the preparation of the financial statements; and', 303:'4the cost associated with preparing and auditing the financial statements, including a description of any activities that were foregone as', 304:'a result of that preparation and auditing. f clerical amendment.—the table of sections at the beginning of chapter 35 of', 305:'title 31, united states code, is amended by inserting after the item relating to section 3514 the following: 3515. financial', 306:'statements of agencies.. sec. 304. financial audits of agencies. ain general.—section 3521 of title 31, united states code, is amended', 307:'by adding at the end the following new subsections: e each financial statement prepared under section 3515 by an agency', 308:'shall be audited in accordance with applicable generally accepted government auditing standards— 1 in the case of an agency having', 309:'an inspector general appointed under the inspector general act of 1978 5 u.s.c. app., by the inspector general or by', 310:'an independent external auditor, as determined by the inspector general of the agency; and 2 in any other case, by', 311:'an independent external auditor, as determined by the head of the agency. reports. f not later than june 30 following', 312:'the fiscal year for which a financial statement is submitted under section 3515 of this title by an agency, the', 313:'person who audits the statement for purpose of subsection e shall submit a report on the audit to the head', 314:'of the agency. a report under this subsection shall be prepared in accordance with generally accepted government auditing standards. g', 315:'the comptroller general of the united states— 1 may review any audit of a financial statement conducted under this subsection', 316:'by an inspector general or an external auditor; public law 101576—nov. 15, 1990 104 stat. 2853 2 shall report to', 317:'the congress, the director of the office of management and budget, and the head of the agency which prepared the', 318:'statement, regarding the results of the review and make any recommendation the comptrpuer general considers appropriate; and 3 may audit', 319:'a financial statement prepared under section 3515 of this title at the discretion of the comptroller general or at the', 320:'request of a committee of the congress. an audit the comptroller general performs under this subsection shall be in lieu', 321:'of the audit otherwise required by subsection e of this section. prior to performing such audit, the comptroller general shall', 322:'consult with the inspector general of the agency which prepared the statement. h each financial statement prepared by an executive', 323:'agency for a fiscal year after fiscal year 1991 shall be audited in accordance with this section and the plan', 324:'required by section 3512a3bviii of this title.. b waiver of requirements.—the director of the office of management and budget may', 325:'waive application of subsections e and f of section 3521 of title 31, united states code, as amended by this', 326:'section, to a financial statement submitted by an eigency for fiscal years 1990 and 1991. sec. 305. financial audits of', 327:'government corporations. section 9105 of title 31, united states code, is amended to read as follows: § 9105. audits a1', 328:'the financial statements of government corporations shall be audited by the inspector general of the corporation appointed under the inspector', 329:'general act of 1978 5 u.s.c. app. or by an independent external auditor, as determined by the inspector general or,', 330:'if there is no inspector general, by the head of the corporation. 2 audits under this section shall be conducted', 331:'in accordance with applicable generally accepted government auditing standards. 3 upon completion of the audit required by this subsection, the', 332:'person who audits the statement shall submit a report on the audit to the head of the government corporation, to', 333:'the chairman of the committee on government operations of the house of representatives, and to the chairman of the committee', 334:'on governmental affairs of the senate. 4 the comptroller general of the united states— a may review any audit of', 335:'a financial statement conducted under this subsection by an inspector general or an external auditor; b shall report to the', 336:'congress, the director of the office of management and budget, and the head of the government corporation which prepared the', 337:'statement, regarding the results of the review and make any recommendation the comptroller general of the united states considers appropriate;', 338:'and c may audit a financial statement of a government corporation at the discretion of the comptroller general or at', 339:'the request of a committee of the congress. an audit the comptroller general performs under this paragraph shall be in', 340:'lieu of the audit otherwise required by paragraph 1 of reports. 31 use 3521 note. reports, reports. 104 stat. 2854', 341:'public law 101576—nov. 15, 1990 this subsection. prior to performing such audit, the comptroller general shall consult with the inspector', 342:'general of the agency which prepared the statement. 5 a government corporation shall reimburse the comptroller general of the united', 343:'states for the full cost of any audit conducted by the comptroller general under this subsection, as determined by the', 344:'comptroller general. all reimbursements received under this paragraph by the comptroller general of the united states shall be deposited in', 345:'the treasury as miscellaneous receipts. b upon request of the comptroller general of the united states, a government corporation shall', 346:'provide to the comptroller general of the united states all books, accounts, financial records, reports, files, workpapers, and property belonging', 347:'to or in use by the government corporation and its auditor that the comptroller general of the united states considers', 348:'necessary to the performance of any audit or review under this section. c activities of the comptroller general of the', 349:'united states under this section are in lieu of any audit of the financial transactions of a government corporation that', 350:'the comptroller general is required to make under any other law.. sec. 306. management reports of government corporations. ain general.—section', 351:'9106 of title 31, united states code, is amended to read as follows: § 9106. management reports a1 a government', 352:'corporation shall submit an annual management report to the congress not later than 180 days after the end of the', 353:'government corporations fiscal year. 2 a management report under this subsection shall include— a a statement of financial position; b', 354:'a statement of operations; c a statement of cash flows; d a reconciliation to the budget report of the government', 355:'corporation, if applicable; e a statement on internal accounting and administrative control systems by the head of the management of', 356:'the corporation, consistent with the requirements for agency statements on internal accounting and administrative control systems under the amendments made', 357:'by the federal managers financial integrity act of 1982 public law 97255; f the report resulting from an audit of', 358:'the financial statements of the corporation conducted under section 9105 of this title; and g any other comments and information', 359:'necessary to inform the congress about the operations and financial condition of the corporation. b a government corporation shall provide', 360:'the president, the director of the office of management and budget, and the comptroller general of the united states a', 361:'copy of the management report when it is submitted to congress.. b clerical amendment.—the table of sections for chapter 91', 362:'of title 31, united states code, is amended by striking the item relating to section 9106 and inserting the following:', 363:'9106. management reports.. public law 101576—nov. 15, 1990 104 stat. 2855 sec. 307. adoption of capital accounting standards. 31 usc', 364:'3511 no capital accounting standard or principle, including any human capital standard or principle, shall be adopted for use in', 365:'an executive department or gigency until such standard has been reported to the congress and a period of 45 days', 366:'of continuous session of the congress has expired. approved november 15, 1990. legislative history—h.r. 5687: house reports: no. 101818, pt.', 367:'1 comm. on government operations. congressional record, vol. 136 1990: oct. 15, considered and passed house. oct. 26, considered and', 368:'passed senate, amended. oct. 27, house concurred in senate amendments. weekly compilation of presidential documents, vol. 26 1990: nov. 15,', 369:'presidential statement.',