3.1 final Flashcards
Purpose statute
31 USC 1301
Article 1 Section 8
empowers congress to collect taxes
Article 1 Section 9
Requires appropriations in law before money can be spent
Article 1 Section 7
empowers congress to pass bills for raising revenue
Who is head of GAO
Comptroller general
Who puts together red book
Comptroller general
Two appropriation principles
- Specific over general 2. Do not do indirectly what you cannot do directly
Law and USC allowing severable services to extend 12 months across FY
Federal Acquisition Streamlining Act 1994, 10 USC 2410
If appropriation act is enacted prior to start of fiscal year, can you enter into contract
Yes, after enactment but before start of FY, however NO expenditures until FY begins
Budget and Accounting Act 1921
- OMB 2. GAO 3. President required to submit annual budget to congress for all three branches
Congressional Budget and Impoundment act 1974
- HBC, SBC 2. CBO 3. Recissions and Deferrals
Balanced Budget and Emergency Deficit Control Act
Gramm Rudman Hollings; Sequestration and automatic spending cuts
Principle DOD executive for finance an accounting requirements, systems and functions
Director of DFAS (Defense Finance and Accounting Service)
Time Statute
31 USC 1502
Amount Statute
31 USC 1341 - in advance or excess of approp; 1342 - No voluntary services; 1517 - In excess of an apportionment
Two criteria for voluntary services
- Compensation is discretionary (not set by law) 2. Compensation can be set to zero
Fiduciray Certifier
FUNDS, not dealing with cash or checks or amounts; Responsible for use of appropriated funds as to proper PTA and USC codes
Pecuniary Cerfifier
CASH/CHECKS; back end of the process; respoisbile for amounts, accuracy of dispersement; repayment of any dispersements that were not proper
Certifying officers will be held personally liable for
erronious payments resulting from their miscertification as soon as the erroneous payment is made
Dispursing officers, cashiers, and collecting officers have pecuniart responsibility….
for the monies entrusted to their care and will be held personally liable for any loss or theft of funds
Two types of annual approps
O&M and MILPERS
Sources of Purpose spending restricitons
Authorization Acts, Appropriation Acts, Comp Gen decisions
Who can receive a coin
- Guest foreign nation 2. State local gov 3. NOT day to day 4.
Continuing resoultion is what time of resolution
Joint
Necessary Expense test
- logical relationship 2. not prohibited by law 3. not be otherwise provided for in another appropriation
Contract Termination
- Contractor Default - Original FY funds avaialble if a)Bona Fide need b)Scope is same c)awarded in reasonable time 2. Covenience of Gov - Expired funds only availabe if agency order to terminate
Types of approps and time frame
MILPERS - 1; O&M - 1; RDT&E - 2; Procurement - 3; SCN (Ship construction NAVY) - 5; MILCON - 5
ADA criminal penalties
no more than $5000 and no more that 2 years
ADA must be reported within ___ and investigation complete within ___
10 days, 14 weeks
ADAs reported to
POTUS through congress,OMB and comp general
Instructions on ADA provided in
OMB circular A-11
Continuing Resolution for authority for multi year
carry over authority is subtracted from CR portion
A violation of _____ will also result in an ADA
time
Which acountable officials are authorized to seek guidance of ___
DAO, CO, DO, are agency head acting as CO can seek DOD General Council
Acounting “Major Loss” vs “Minor Loss”
Major -$750 or if any fraud; Minor - under $750 no fraud
Is relief provided for loss? Who Provides it? What is statute of limitations
DFAS determines it, comptroller general grants. Granted for accidental loss (no statute of limitations) Accidental illdgal/incorrect/ improper payment (3 yr statute of limitation)
Certifying official must ensure 4 things
Complete, computed correctly, correct and legal
Which accountable individual CANNOT hold public funds
Certifying official
Three color books
Green book - Internal Controls; Yellow book - Auditing policy; Red book - fiscal law
Act exempts promotion of individual for gov purchases
Gov employee incentive awards act
Type of approps and time frame
MILPERS - 1; O&M - 1; RDT&E - 2; Procurement - 3; SCN (Ship construction NAVY) - 5; MILCON - 5
When are no year approps cancelled
- agency determines no longer needed 2. no charges for 2 years
Severable Services
Governemnt recives something useful uppon expenditure; can cross Fys but no more than 12 months
Non Severable Services
Cannot be separated into increments. Entire amount Obligated at onset. Training is non severable usually
This carries forward expired phased balances
SF-133
Agency head approval for program AL amounts above
$4M
What kinds of gifts can be made, and what happens to unauthorized gifts
Gifts to the US (real or personal property. 2. Gifts to an agency (money or real property), can accept services/property under mutual agreement; unauthorized are deposited in misc receipts
Act for sequestration
Gramm-Rudman-Holdings Balanced budget and emergency deficit control act; Budget enforcement act 1990
Established PAYGO
Budget Enforcement Act of 1990
What is PAYGO
Can’t spend more without finding an offset; Does not apply to discretionary spending
What does a commitment require
An administrative official to verify PTA
Bona Fide need with regard to long lead time parts order
Bona Fide need applys in the year the order is PLACED, NOT when the goods or services are actaully DELIVERED
What USC discusses severable services
10 USC 2410
How does multiyear contract apply to bona fide need
5 year contract guaranteed. Option to pay all up from or year by year. DOD REQUIRES year by year pay
Who can order an agency to terminate contract and they can still use expired funds
courts, GAO, Board of contract appeals
minor construction authority is up to of O&M
$2M, unit cost not over $250K
Adjustment limit during closed account phase
Same type up to LESSER of 1% of current approp, or unexpended closed approp
Obligations from expired approp exceed _____ notify ____
$4M agency head, $25M congress
Contract Authority
Form of budget authority; Authority to obligate in advance of appropriation. Have to be given this
Exception to voluntary services
emergencies involving safety of human life or protection of property; statutorily authorized gratuitous services (Red Cross, Museum volunteers)
Section 1514 of statutue 31 USC 1517
need to have a financial system that has controls that control to the apportionment level
Augmentation
Not allowed to add to your appropriation unless you have been given authority to do so. Its is considered an “UNAUTHORIZED transfer of funds”
ADA Admin and Criminal penalties only apply for
Amount, not purpose or time
FMR discussing ADA violations
DOD FMR 7000.14
Accountable individuals
Department accountable individuals (DAO), Certifying Officer (CO), Dispersing officer (DO)
Certifying official
- Certifying vouchers for payment 2. LEGALITY of proposed payments 3. LIABLE for illegal or improper payments
Certifying Officers cannot make following excuses
mistake, lack of intent, minor violation, adverse work environment, lack of personnel. NO EXCUSES FOR THESE
____ can provide an advance decision to _____ regarding certifying a payment or making payment with approp funds
DOD General Counsel; DAO, CO, DO, agency heard acting as CO
Certifying officer can get relief if
circumstances beyond their control, and discovered later. Everything done right at the time of certificaiton
41 USC 6301 Feed and Forage Act
Permits obligations in advacne of appropriation. Pays for furnishing clothing, subsistence, forage, fuel, quarters, transportation, mediocal/hospital supplies. NOT MILCON or MILPERS
Approx how much business does DOD do in WCF
20 percent of DOD appropriation
Stock Funds (supply management hold what type of assets
inventory held for resale
Industrial funds hold what type of assets
work in progress
WCF Charter signed by _____ and includes _____
Military Dept Sec; 1. ID outputs 2. accounting system to track costs 3. ID Customer requirements 4. Evaluate Buyer/Seller advantages disadvantages
NOR (Net operating results)
Annual results
AOR (Accumulated operationg results
overall goal to be net zero. This is a rolling amount over multiple years
WCFs required to have _____
sufficient cash balnces for their requirements throghout fiscal year
First requirement for any travel
Travel itinerary prepared on DD 1610 must be approved.
Can traveler deviate from travel itinerary
if “variations authorized” statemetn included and mission requires it
Can a verbal travel order be issued
Yes by AO
NAF employees travel on
regular government travel orders. No invitational travel orders
PDT travel charged to _____; what is exception
gaining activity; overseas pays both ways, RIF (reduction in force), BRAC (Base realignment and closure)
Feed and Forage Act
Over obligate funds for clothing, subsistence, forage, fuel, quarters, transportation, medical, hospital; NOT MILCON or MILPERS
Who issues treasury warrant
Secretary of Treasury
