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10 U.S.C. § 240bFinancial Improvement and Audit Remediation Plan

submitted 9 years ago by Pub. L. 115-91 to r/title-10-ARMED-FORCES · 1,280 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Department of Defense's Comptroller must maintain a plan to fix financial-reporting problems and get a clean audit opinion. The Comptroller must report to Congress yearly on progress and brief Congress twice a year, and the worst-performing military branches must explain their weaknesses.

(a) Financial Improvement and Audit Remediation Plan. (1) In general: The Under Secretary of Defense (Comptroller), working with the Department's Performance Improvement Officer, must keep a plan called the "Financial Improvement and Audit Remediation Plan." (2) Elements: The plan must (A) describe specific actions, interim milestones, and cost estimates for (i) fixing the financial management problems that block timely, reliable, complete financial reports; (ii) getting the Department's financial statements fully audited, aiming for an unmodified ("clean") opinion as soon as possible; (iii) making sure each fiscal year's audit (after fiscal year 2020) finishes by March 31 of the following year; (iv) achieving an unqualified audit opinion for each major part of the Department's statement of budgetary resources; (v) confirming that each major category of Department assets actually exists and is completely accounted for; (vi) meeting resource needs, including staff and IT infrastructure; and (vii) setting long-range goals and measurable targets, including audit timelines, how often controls get tested, and auditor-approved corrective action plans. The plan must also (B) tie those actions to the business-process, control, and systems-modernization efforts described in section 2222 of this title. (b) Report and Briefing Requirements. (1) Annual report: (A) By July 31 each year, the Comptroller must send Congress's defense committees a report on how the Plan is being carried out. (B) Each report must include (i) analysis of the corrective-action-plan summary required by section 240c; (ii) current Department-wide status of corrective action plans tied to critical capabilities, using standard data elements from OMB Circular A-123 guidance, broken down by armed force, military department, and Defense Agency; (iii) a description of work done and planned to test and verify transaction data needed for a clean audit, including from feeder systems; (iv) a current timeline for the full financial-statement audit — submitted annually within six months after the President's budget goes to Congress — including (I) when the Department expects each full audit to begin, (II) when it expects each audit to finish, and (III) when it expects to get a clean opinion, for the Department and each military department, Defense Agency, and other component; (v) a current estimate of the yearly cost of maintaining a clean opinion once first achieved; (vi) certified results of the prior year's audit and a summary of the Department's current financial-statement condition; (vii) a description of audit work on classified programs, including how they prevent exposing classified information; (viii) how each component's corrective action plan, and the Department's overall plan, support the National Defense Strategy; (ix) a detailed funding estimate for the next fiscal year needed to carry out each corrective action plan; and (x) the number and scope of automated processes put in place, such as reconciliation, inventory checks, and internal controls. (2) Semiannual briefings: (A) By January 31 and July 31 each year, the Comptroller and the military departments' comptrollers must brief Congress's defense committees on the corrective action plan's status. (B) The January 31 briefing must rank all military departments and Defense Agencies by how close each is to getting auditable financial statements, as the law requires. (3) Annual report by bottom quartile: By June 30 each year, any military department or Defense Agency ranked in the bottom quarter in that year's January briefing must send Congress's defense committees a report covering (A) its material weaknesses; (B) what's causing them; (C) a plan to fix them; (D) the total number of open audit findings ("NFRs") for the latest and prior two fiscal years; (E) how many NFRs are repeats or reissues from the latest year; (F) how many NFRs expected to close in the latest year are still open; (G) how many NFRs closed in the current and prior years; (H) how many material weaknesses external auditors confirmed as fully fixed or downgraded this year versus prior years; (I) a year-by-year breakdown of which open NFRs are expected to close; and (J) explanations for any bad trends in items (1) through (9) above. (4) Critical capabilities defined: In this subsection, "critical capabilities" means the financial-statement audit priorities the Secretary of Defense sets for that fiscal year. (c) Selecting audit remediation services: Providers who help fix these problems must be chosen based on, among other things, their qualifications, relevant experience, and ability to build and carry out plans that fix internal-control and compliance problems found during an audit.
the actual law source: uscode.house.gov ↗public domain
(a)Financial Improvement and Audit Remediation Plan.—
(1)In general.—

The Under Secretary of Defense (Comptroller) shall, in consultation with the Performance Improvement Officer of the Department of Defense, maintain a plan to be known as the “Financial Improvement and Audit Remediation Plan”.

(2)Elements.—

The plan required by paragraph (1) shall—

(A)

describe specific actions to be taken, including interim milestones with a detailed description of the subordinate activities required, and estimate the costs associated with—

(i)

correcting the financial management deficiencies that impair the ability of the Department of Defense to prepare timely, reliable, and complete financial management information;

(ii)

ensuring the financial statements of the Department of Defense go under full financial statement audit, and that the Department leadership makes every effort to reach an unmodified opinion as soon as possible;

(iii)

ensuring the audit of the financial statements of the Department of Defense for each fiscal year after fiscal year 2020 occurs by not later than March 31 following such fiscal year;

(iv)

achieving an unqualified audit opinion for each major element of the statement of budgetary resources of the Department of Defense;

(v)

addressing the existence and completeness of each major category of Department of Defense assets;

(vi)

meeting resource requirements, including personnel and information technology infrastructure; and

(vii)

identifying long-range goals and measurable objectives, including audit cycle timelines, control testing frequency, and auditor-validated corrective action plans; and

(B)

systematically tie the actions described under subparagraph (A) to business process and control improvements and business systems modernization efforts described in section 2222 of this title.

(b)Report and Briefing Requirements.—
(1)Annual report.—
(A)In general.—

Not later than July 31 each year, the Under Secretary of Defense (Comptroller) shall submit to the congressional defense committees a report on the status of the implementation by the Department of Defense of the Financial Improvement and Audit Remediation Plan under subsection (a).

(B)Elements.—

Each report under subparagraph (A) shall include the following:

(i)

An analysis of the consolidated corrective action plan management summary prepared pursuant to section 240c of this title.

(ii)

Current Department of Defense-wide information on the status of corrective actions plans related to critical capabilities and material weaknesses, including the standard data elements recommended in the implementation guide for Office of Management and Budget Circular A–123, for the armed forces, military departments, and Defense Agencies.

(iii)

A current description of the work undertaken and planned to be undertaken by the Department of Defense, and the military departments, Defense Agencies, and other organizations and elements of the Department, to test and verify transaction data pertinent to obtaining an unqualified audit of their financial statements, including from feeder systems.

(iv)

A current projected timeline of the Department in connection with the audit of the full financial statements of the Department, to be submitted to Congress annually not later than six months after the submittal to Congress of the budget of the President for a fiscal year under section 1105 of title 31, including the following:

(I)

The date on which the Department projects the beginning of an audit of the full financial statements of the Department, and the military departments, Defense Agencies, and other organizations and elements of the Department, for a fiscal year.

(II)

The date on which the Department projects the completions of audits of the full financial statements of the Department, and the military departments, Defense Agencies, and other organizations and elements of the Department, for a fiscal year.

(III)

The dates on which the Department estimates it will obtain an unqualified audit opinion on the full financial statements of the Department, the military departments, the Defense Agencies, and other organizations and elements of the Department for a fiscal year.

(v)

A current estimate of the anticipated annual costs of maintaining an unqualified audit opinion on the full financial statements of the Department, the military departments, the Defense Agencies, and other organizations and elements of the Department for a fiscal year after an unqualified audit opinion on such full financial statements for a fiscal year is first obtained.

(vi)

A certification of the results of the audit of the financial statements of the Department performed for the preceding fiscal year, and a statement summarizing, based on such results, the current condition of the financial statements of the Department.

(vii)

A description of audit activities and results for classified programs, including a description of the use of procedures and requirements to prevent unauthorized exposure of classified information in such activities.

(viii)

An identification of the manner in which the corrective action plan or plans of each department, agency, component, or element of the Department of Defense, and the corrective action plan of the Department as a whole, support the National Defense Strategy (NDS) of the United States.

(ix)

A detailed estimate of the funding required for the next fiscal year to procure, obtain, or otherwise implement each process, system, and technology identified to address the corrective action plan or plans of each department, agency, component, or element of the Department of Defense, and the corrective action plan of the Department as a whole, for purposes of this chapter during such fiscal year.

(x)

The number and scope of automated processes implemented, including reconciliation, inventory validation, and internal controls.

(2)Semiannual briefings.—
(A)

Not later than January 31 and July 31 each year, the Under Secretary of Defense (Comptroller) and the comptrollers of the military departments shall provide a briefing to the congressional defense committees on the status of the corrective action plan.

(B)

The January 31 briefing under subparagraph (A) shall include a ranking of all of the military departments and Defense Agencies in order of how advanced each is in achieving auditable financial statements, as required by law.

(3)Annual report by bottom quartile.—

Not later than June 30 of each year, the head of each military department and Defense Agency that was ranked in the bottom quartile of the report submitted under paragraph (2)(B) for that year shall submit to the congressional defense committees a report that includes the following information for that military department or Defense Agency:

(A)

A description of the material weaknesses of the military department or Defense Agency.

(B)

The underlying causes of such weaknesses.

(C)

A plan for remediating such weaknesses.

(D)

The total number of open audit notices of findings and recommendations (in this paragraph referred to as “NFRs”) for the most recently concluded fiscal year and the preceding two fiscal years, where applicable.

(E)

The number of repeat or reissued NFRs from the most recently concluded fiscal year.

(F)

The number of NFRs that were previously forecasted to be closed during the most recently concluded fiscal year that remain open.

(G)

The number of closed NFRs during the current fiscal year and prior fiscal years.

(H)

The number of material weaknesses that were validated by external auditors as fully resolved or downgraded during the current fiscal year relative to prior fiscal years.

(I)

A breakdown, by fiscal year, of which open NFRs are forecasted to be closed.

(J)

Explanations for any unfavorable trends in the information included under paragraphs (1) through (9).

(4)Critical capabilities defined.—

In this subsection, the term “critical capabilities” means the financial statement audit priorities designated by the Secretary of Defense for the fiscal year in which the report is submitted.

(c)Selection of Audit Remediation Services.—

The selection of audit remediation service providers shall be based, among other appropriate criteria, on qualifications, relevant experience, and capacity to develop and implement corrective action plans to address internal control and compliance deficiencies identified during a financial statement or program audit.

Source credit: (Added and amended Pub. L. 115–91, div. A, title X, § 1002(c)(1)–(3), Dec. 12, 2017, 131 Stat. 1538, § 252; renumbered § 240b and amended Pub. L. 115–232, div. A, title X, § 1002(a)(1)(A), (2)–(c), Aug. 13, 2018, 132 Stat. 1945, 1946; Pub. L. 116–92, div. A, title X, §§ 1003, 1008–1009(b), Dec. 20, 2019, 133 Stat. 1571, 1575, 1576; Pub. L. 116–283, div. A, title X, §§ 1003, 1004(b), 1081(a)(14), Jan. 1, 2021, 134 Stat. 3836, 3837, 3871; Pub. L. 117–81, div. A, title X, § 1081(a)(7), Dec. 27, 2021, 135 Stat. 1920; Pub. L. 118–31, div. A, title IX, § 901(c), title X, § 1061(h), Dec. 22, 2023, 137 Stat. 354, 400; Pub. L. 118–159, div. A, title X, § 1002, Dec. 23, 2024, 138 Stat. 2047; Pub. L. 119–60, div. A, title X, § 1002(a), Dec. 18, 2025, 139 Stat. 1026.)

history & why it existsrecord from the source credit
  • 2017Enacted · Pub. L. 115-91 · 131 Stat. 1538
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 1945, 1946
  • 2019Amended · Pub. L. 116-92 · 133 Stat. 1571, 1575, 1576
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 3836, 3837, 3871
  • 2021Amended · Pub. L. 117-81 · 135 Stat. 1920
  • 2023Amended · Pub. L. 118-31 · 137 Stat. 354, 400
  • 2024Amended · Pub. L. 118-159 · 138 Stat. 2047
  • 2025Amended · Pub. L. 119-60 · 139 Stat. 1026

A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-91 on 2017-12-12.

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