I 

108TH CONGRESS 

1ST SESSION H. R. 2886

To amend title 31, United States Code, to improve the financial accountability 

requirements applicable to the Department of Homeland Security, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 24, 2003

Mr. PLATTS (for himself, Mr. TOM DAVIS of Virginia, Mr. WAXMAN, Mrs. 

BLACKBURN, and Mr. TOWNS) introduced the following bill; which was 

referred to the Committee on Government Reform, and in addition to the 

Select Committee on Homeland Security, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To amend title 31, United States Code, to improve the 

financial accountability requirements applicable to the 

Department of Homeland Security, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Department of Home5 land Security Financial Accountability Act’’. 
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1 SEC. 2. CHIEF FINANCIAL OFFICER OF THE DEPARTMENT 

2 OF HOMELAND SECURITY. 

3 (a) IN GENERAL.—Section 901(b)(1) of title 31, 

4 United States Code, is amended—

5 (1) by redesignating subparagraphs (G) 

6 through (P) as subparagraphs (H) through (Q), re7 spectively; and 

8 (2) by inserting after subparagraph (F) the fol9 lowing: 

10 ‘‘(G) The Department of Homeland Security.’’. 

11 (b) APPOINTMENT OR DESIGNATION OF CFO.—The 

12 President shall appoint or designate a Chief Financial Of13 ficer of the Department of Homeland Security under the 

14 amendment made by subsection (a) by not later than 180 

15 days after the date of the enactment of this Act. 

16 (c) CONTINUED SERVICE OF CURRENT OFFICIAL.—

17 The individual serving as Chief Financial Officer of the 

18 Department of Homeland Security immediately before the 

19 enactment of this Act may continue to serve in that posi20 tion until the date of the confirmation or designation, as 

21 applicable (under section 901(a)(1)(B) of title 31, United 

22 States Code), of a successor under the amendment made 

23 by subsection (a). 

24 (d) CONFORMING AMENDMENTS.—
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1 (1) HOMELAND SECURITY ACT OF 2002.—The 

2 Homeland Security Act of 2002 (Public Law 107–

3 296) is amended—

4 (A) in section 103 (6 U.S.C. 113)—

5 (i) in subsection (d) by striking para6 graph (4), and redesignating paragraph 

7 (5) as paragraph (4); 

8 (ii) by redesignating subsection (e) as 

9 subsection (f); and 

10 (iii) by inserting after subsection (d) 

11 the following: 

12 ‘‘(e) CHIEF FINANCIAL OFFICER.—There shall be in 

13 the Department a Chief Financial Officer, as provided in 

14 chapter 9 of title 31, United States Code.’’; and 

15 (B) in section 702 (6 U.S.C. 342) by strik16 ing ‘‘shall report’’ and all that follows through 

17 the period and inserting ‘‘shall perform func18 tions as specified in chapter 9 of title 31, 

19 United States Code.’’. 

20 (2) FEMA.—Section 901(b)(2) of title 31, 

21 United States Code, is amended by striking subpara22 graph (B), and by redesignating subparagraphs (D) 

23 through (H) in order as subparagraphs (C) through 

24 (G). 
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1 SEC. 3. FUNCTIONS OF CHIEF FINANCIAL OFFICER OF THE 

2 DEPARTMENT OF HOMELAND SECURITY. 

3 (a) APPLICATION OF FINANCIAL STATEMENTS RE4 QUIREMENT.—The Secretary of Homeland Security is not 

5 required to prepare or submit any audited financial state6 ment under section 3515 of title 31, United States Code, 

7 for any fiscal year before fiscal year 2004. 

8 (b) PERFORMANCE AND ACCOUNTABILITY RE9 PORTS.—Section 3516 of title 31, United States Code, is 

10 amended by adding at the end the following: 

11 ‘‘(f) The Secretary of Homeland Security—

12 ‘‘(1) shall submit for fiscal year 2004, and for 

13 each subsequent fiscal year, a performance and ac14 countability report under subsection (a) that incor15 porates the program performance report under sec16 tion 1116 of this title for the Department of Home17 land Security; and 

18 ‘‘(2) shall include in each performance and ac19 countability report an audit opinion of the Depart20 ment’s internal controls over its financial report21 ing.’’.

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