Establishment of Under Secretary for Management and Chief Financial Officer
Title IV — Organization
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(a) Chief Financial Officer; Office of Budget Section 309 of title 38, United States Code, is amended to read as follows: 309. Under Secretary for Management and Chief Financial Officer (a) Under Secretary for Management and Chief Financial Officer (1) The Under Secretary for Management and Chief Financial Officer shall be the principal management and financial officer of the Department. (2) The Under Secretary shall report directly to the Secretary. (3) The Under Secretary shall serve as the Chief Financial Officer of the Department for purposes of chapter 9 of title 31. (4) The Under Secretary shall exercise authority, direction, and control over the Office of Budget and such other offices as may be assigned by law or by the Secretary. (b) Duties The duties of the Under Secretary include the following: (1) To advise the Secretary on financial management of the Department. (2) To formulate, justify, execute, oversee, and certify the budget of the Department. (3) To control, account for, audit, and report on the finances of the Department. (4) To coordinate and assist the Chief Acquisition Officer with the life cycle of major acquisition programs of the Department. (5) To exercise the authority and carry out the functions specified in section 902 of title 31. (6) To ensure compliance with sections 1341, 1342, 1349, 1350, and 1511 through 1519 of title 31. (7) To provide to Congress, or a congressional committee upon request, information regarding the budget, finances, and fiscal condition of the Department. (8) To serve as the head of the Office of Budget of the Department. (9) To establish and oversee Department-wide financial management policies, accounting systems, internal controls, enterprise risk management programs, strategic planning processes, and capital planning activities. (10) To oversee infrastructure investment planning, financial systems modernization, and business transformation initiatives of the Department. (c) Deputy Assistant Secretary (1) There is in the Department a Deputy Assistant Secretary for Infrastructure and Construction. (2) Such Deputy Assistant Secretary shall be a career appointee (as that term is defined in section 3132(a) of title 5) within the Senior Executive Service of the Department. (d) Office of Infrastructure and Construction There is an Office of Infrastructure and Construction in the Department. (e) Budget and Appropriations Affairs Office (1) There is within the Office of Management a Budget and Appropriations Affairs Office (in this subsection referred to as the BAA office). The Undersecretary shall appoint a head of the BAA Office who shall report exclusively to the Undersecretary. (2) The sole function of the BAA Office is to provide to Congress (or a congressional committee), accurate, timely, and certified information regarding the finances and budget of the Department. (3) Congress or a congressional committee may submit a request for information described in paragraph (2) directly to the BAA Office. (4) Paragraphs (2) and (3) notwithstanding, the Assistant Secretary for Congressional and Legislative Affairs may facilitate and transmit responses to requests described in paragraph (3) that are submitted to the BAA Office. Any response containing information described in paragraph (2) shall be prepared and certified by the BAA Office and may not be altered, delayed, withheld, edited, or modified by any other officer or employee of the Department prior to transmission to Congress or a congressional committee. (5) Not more than six full-time equivalent employees, including supervisors, may be assigned to the BAA Office. (f) Limitation on authority to appoint The Secretary may not establish an employee position— (1) that performs a function substantially similar to the function of the Budget and Appropriations Affairs Office established under section 309(e); and (2) that is not within the Office of Management. (g) Transfer of functions (1) All functions, powers, duties, authorities, responsibilities, personnel, property, records, contracts, delegations, directives, regulations, administrative actions, and unobligated balances of appropriations relating to the Chief Financial Officer of the Department immediately before the effective date of this Act are transferred to the Under Secretary for Management and Chief Financial Officer. (2) Any delegation, determination, rule, regulation, order, permit, contract, agreement, certification, or other administrative action in effect immediately before the effective date of this Act shall continue in effect according to its terms until modified, superseded, terminated, or revoked. (g) References Any reference in any law, regulation, rule, directive, delegation, contract, agreement, determination, record, or other official document of the United States to the Chief Financial Officer of the Department shall be deemed to refer to the Under Secretary for Management and Chief Financial Officer.. (b) Technical and conforming amendments (1) The table of sections for chapter 3 of title 38, United States Code, is amended accordingly. (2) The Secretary shall make such additional technical and conforming amendments to regulations, directives, delegations, organizational charters, manuals, and internal guidance as may be necessary to carry out this Act.