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