10 U.S.C. § 1599d: Financial management…

Summary

The Secretary of Defense may set rules for education, certifications, and other credentials for financial management jobs in the Department of Defense. These rules can require degrees or certifications that show a person meets standards set by a government agency or by an industry or professional group. Any rule must be issued as an official Department regulation. The Secretary can waive a rule when appropriate. The Secretary can make the rule apply right away to designated financial management staff or delay it for a reasonable time so people can comply. A new formal education requirement cannot be made to apply to someone already in the job before the requirement is created. The Under Secretary of Defense (Comptroller) must write the rules, working with the Under Secretary of Defense for Personnel and Readiness. Within one year after the rules take effect or are significantly changed, the Secretary and the Director of the Office of Personnel Management must give Congress a report showing plans to train staff to meet the new rules. Financial management position means a civilian or military job the Secretary labels that does budgeting, accounting, auditing, cost, finance, or related work.

Title 10, §1599d

Armed Forces, Source: USLM XML via OLRC

(a)Authority To Prescribe Professional Certification and Credential Standards.—

The Secretary of Defense may prescribe professional certification and credential standards for financial management positions within the Department of Defense, including requirements for formal education and requirements for certifications that individuals have met predetermined qualifications set by an agency of Government or by an industry or professional group. Any such professional certification or credential standard shall be prescribed as a Department regulation.

(b)Waiver.—

The Secretary may waive any standard prescribed under subsection (a) whenever the Secretary determines such a waiver to be appropriate.

(c)Applicability.—

(1)Except as provided in paragraph (2), the Secretary may, in the Secretary’s discretion—

(A)require that a standard prescribed under subsection (a) apply immediately to all personnel holding financial management positions designated by the Secretary; or

(B)delay the imposition of such a standard for a reasonable period to permit persons holding financial management positions so designated time to comply.

(2)A formal education requirement prescribed under subsection (a) shall not apply to any person employed by the Department in a financial management position before the standard is prescribed.

(d)Discharge of Authority.—

The Secretary shall prescribe any professional certification or credential standards under subsection (a) through the Under Secretary of Defense (Comptroller), in consultation with the Under Secretary of Defense for Personnel and Readiness.

(e)Reports.—

Not later than one year after the effective date of any regulations prescribed under subsection (a), or any significant modification of such regulations, the Secretary shall, in conjunction with the Director of the Office of Personnel Management, submit to Congress a report setting forth the plans of the Secretary to provide training to appropriate Department personnel to meet any new professional certification or credential standard under such regulations or modification.

(f)Financial Management Position Defined.—

In this section, the term “financial management position” means a position or group of positions (including civilian and military positions), as designated by the Secretary for purposes of this section, that perform, supervise, or manage work of a fiscal, financial management, accounting, auditing, cost, or budgetary nature, or that require the performance of financial management-related work.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2011—Pub. L. 112–81 amended section generally. Prior to amendment, section related to the authority to prescribe certification and credential standards for professional accounting positions. 2008—Subsec. (e). Pub. L. 110–417 substituted “0505, 0510, 0511, or equivalent” for “GS–510, GS–511, and GS–505”.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 107–314, div. A, title XI, § 1104(b), Dec. 2, 2002, 116 Stat. 2661, provided that: “Standards established pursuant to section 1599d of title 10, United States Code, as added by subsection (a), may take effect no sooner than 120 days after the date of the enactment of this Act [Dec. 2, 2002].”

§1599d Financial Management Positions: Authority to Prescribe Professional Certification and Credential Standards