Mod3 Flashcards
Federal appropriations law can be categorized into which three topical areas?
Purpose, Time, and Amount (PTA)
In the Department of Defense, final decisions of fiscal law questions are “officially” rendered by whom?
DoD General Counsel
What are the basic types of budget authority used in the Federal Government?
Appropriations; Contract Authority; Borrowing Authority; Monetary Credits; Offsetting Collections and Receipts; Loan and Loan Guarantee Authority
Annual appropriations remain available for new obligations for how long?
They normally remain available for new obligations for ONE fiscal year
Operation and Maintenance (O&M) is an example of what type of appropriation?
Annual appropriation
RDT&E is an example of what type of appropriation?
Multi-year appropriation
Budget authority does not expire in what type of appropriation?
No-year appropriation
Article 1, Section 9, of the U.S. Constitution gives the power to appropriate funds for operation the Government to which branch of the Government?
Legislative Branch (Congress)
Which law established the House and Senate Budge Committees and the Congressional Budget Office (CBO)?
Congressional Budget Act of 1974
What are the three tests which must be met for use of the Necessary Expense doctrine?
Must bear a logical relationship’ Not prohibited by law; Not funded elsewhere
Who are determined to be accountable individuals in the Department of Defense?
Certifying and Disbursing Officers and Department Accountable Officials
Who grants relief of liability to a certifying officer for erroneous or illegal payments in the Department of Defense?
The Defense Finance and Accounting Service
What type of budgetary resources remains available for new obligations for more than one fiscal year?
Multi-year authority
What type of budgetary resources remains available for new obligations until the purpose for which they were provided is carried out?
No-year authority
What type of Congressional resolution can be thought of as a temporary appropriations act?
Continuing resolution (CR)
If a Contracting Officer signs a contract in advance of an appropriation, what type of violation has occurred?
Antideficiency Act Violation
What agency apportions funds for a working capital fund?
Office of Management and Budget (OMB)
What does sequestration of federal funds mean?
Sequestration of federal funds concerns automatic cuts in federal spending that occur through the withdrawal of funding for certain government programs, such as has occurred resulting from the Gramm-Rudman-Hollings Act and the Budget Control Act of 2011
What are the four major functions in DoD finance?
Entitlements, Payments, Collections, Control of Public Funds
What is the primary organization in DoD with the responsibility for Finance requirements?
The Defense Finance and Accounting Service (DFAS)
What is the acronym for disbursing office identification numbers?
Disbursing Station Symbol Numbers (DSSN)
What three primary types of officials are accountable individuals in the DoD?
Certifying Officers, Disbursing Officers, Departmental Accountable Officials
Debt collection includes collection of debts from what three groups?
Current Employees and Military Members; Former Employees and Military Members; Vendors
What is the normal collection method for debts owed by active military members an civilian employees who are still in service?
Salary Offset
When collecting debts owed by vendors that have failed to properly respond to the demand letters, what is the next step?
Do Not Pay List
When in doubt about the proper use of an appropriation, what may the disbursing officer request from the OSD General Counsel on the propriety of the prospective payment?
An advance decision
To what, along with accountability, does certification equate?
Liability
Who, besides the disbursing officer, is likely to be held accountable for an improperly payment?
The Certifying Officer
If a civilian employee receives less than 90% of his or her normal biweekly pay and allowances, what may he or she request?
Special Pay
When a civilian employee moves from a job overseas to a job in the states, which organization pays for the Permanent Duty Travel?
The “losing” activity (the OCONUS activity)
Name the supporting documents required in the DoD Payment Package.
Contract; Invoice; Proof of Receipt; Acceptance Document
Name two key forms that provide accountability and control by Disbursing Officers?
Standard Form 1219, Statement of Accountability (monthly); DD Form 2657, Daily Statement of Accountability
Which individuals hold persona and pecuniary liability for the actions in financial transactions?
Certifying Officers, Disbursing Officers, Departmental Accountable Officials
How often does the disbursing officer need to inspect and document office security measures?
Semi-annually
The Budget and Accounting Act of 1921 established the GAO (Legislative Branch) to audit financial transactions of which branch of the Government?
Executive Branch
The GPRA requires agencies to define goals, set performance targets, and report what?
Actual Performance
Any enforceable agreement between an agency and a business concern of the acquisition of property or services is called what?
A contract
What term is used to describe Federal Government funds that have been paid but have not yet been identified to a specific organization?
Undistributed Disbursements
What term is used in SFFAS #4 to describe the process of accumulating, measuring, analyzing, interpreting, and reporting cost?
Managerial Cost Accounting
What are the two self-balancing sets of accounts in the U.S. Standard General Ledger (USSGL)?
Budgetary and Proprietary
In proprietary accounting, assets equal liabilities plus what?
Net Position
The aggregate amount of an entity’s funds in the Treasury is in what account?
Fund Balance with Treasury
PP&E defines tangible assets with an estimated useful life of more than what number of years?
Two years
What is the Statement of Budgetary Resources equation?
Budgetary Resources = Status of Budgetary Resources
Which financial statement shows the components of the net cost of the reporting entity’s operation for the period?
Statement of Net Cost
What DoD accounting entity maintains a central general ledger?
The Defense Finance and Accounting Service (DFAS)
Which three federal agencies established the FASAB?
The Government Accountability Office (GAO), the Department of Treasury, and the Office of Management and Budget (OMB)
What is the Federal law that specifically required existing CFO agencies to have financial statements that successfully pass a financial audit?
The Government Management Reform Act of 1994
What is the definition of a “successful financial audit?”
Achieving an unmodified audit opinion (an unmodified opinion denotes that the audit was adequate in scope and that the financial statements are present fairly and in all material respects and results of operations in conformity with generally accepted accounting principles applied on a consistent basis.)
In which of the four waves of the FIAR process would a DoD entity expect to have an auditable Statement of Budgetary Resources, to include its Fund Balance with Treasury?
Wave 2
Government audits provide essential elements of public accountability and what?
Control
Which standards generally apply to Federal Government audits?
GAO Standards or GAGAS
Who conducts, supervises, monitors, and initiates audits and investigations relating to DoD programs and operations?
Department of Defense Inspector General (DoDIG)
Which is the DoD document that provides policy for DoD audit and internal review offices to use for conducting audits of DoD operations, systems, programs, and functions?
DoDIG Audit Handbook
Auditors auditing with personal impairments violate which general standard?
Independence
How many hours of continuing professional education must an auditor complete every 2 years? What is the minimum number of hours that must be completed in any year of the 2-year period?
80 yours in 2 years; 20 hours minimum each year
The auditor is restricted access to essential data necessary to satisfy the audit objective. What type of impairment would this be?
External Impairment
Which type of audits are expected to determine whether:
The financial information is presented in accordance with established or stated criteria;
The entity has adhered to specific financial compliance requirements; and
The entity’s internal control over financial reporting and /or safeguarding of assets is suitably designed and implemented to achieve the control objectives?
Financial Audit
Which types of audits are expected to determine whether:
The entity is acquiring, using, and protecting its resources economically and efficiently;
The entity’s programs are achieving the desired results or benefits; and
The entity is accomplishing its mission in accordance with applicable laws, regulations, and public policies?
Performance Audit
Which audit phase involves gathering evidence and determining materiality and significance on the findings?
Review Phase
During which audit phase would the auditor select the most important areas for audit coverage?
Planning Phase
What document includes the audit objectives, findings, and (when appropriate) recommendations?
The Audit Report
What should be considered when evaluating the effectiveness of DoD audit organizations?
Audit benefits
What is the name of the GAO Standard that provides reasonable assurance that DoD auditors comply with applicable auditing standards and DoD audit policies?
Quality Control an Assurance
Inspection of office security, separate and secure storage of records and equipment, and restricted system access are examples of what kind of controls?
Internal Controls
If auditors are deterred from acting objectively and exercising professional skepticism by pressures, actual or perceived, from management of the entity being audited, what would this be called?
Threat to Auditor Independence
What are the four major functions in DoD finance?
The four major functions of DoD finance are:
Entitlement
Paying
Collecting
Controlling of Public Funds
What does PIAA stand for?
PIAA stands for Payment Integrity Information Act
What is the requisite cap (ceiling) for pay for all civilian personnel?
The maximum amount any civilian may be paid cannot be more than what is paid to the Vice President of the United States
At what rate is OT paid in the federal government?
Overtime is paid at NMT 1.5 times the rate of a GS10 step 1 or ones basic pay, whichever is greater, per 5 USC 5542
How many years are Employee Personnel Pay records maintained?
Employee Personnel Pay records are maintained for 56 years.
Is FMLA paid or unpaid leave and for how long?
FMLA aka Family Medical Leave Act WAS unpaid 12 weeks of leave however as of 01 October 202 it is now PAID leave for 12 weeks.
What additional entitlements are granted to 30% Disabled Veterans during their first year of employment in federal service?
During their first year of service in the federal government Disabled Veterans are granted 80 hours of paid sick leave to enable paid time for medical appointments.
What are the 10 items REQUIRED to be on an invoice, what is NOT one of those items and what is the required format?
The item NOT required to be on an invoice is the LOA, there is NO required format and the 10 items required are:
1-Name and address of contractor
2-Invoice date
3-contract #
4-vendor invoice #
5-description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed
6-shipping and payment terms
7-Taxpayer Identification Number
8-Banking information
9-contact name, title, and telephone #
10-other documentation required by the contract
How many days does one have to return the invoice legally if an error is found on that invoice?
One has 7 calendar days to return invoice if an error is found on that invoice.
What is a limitation concerning collection of a debt owed by a current military member or a civilian employee?
1 letter shall be sent explaining how much and why, if that amount is not paid or provisions for installments are not made then an offset against accrued pay will automatically be made at no more than 15% of paycheck.
According to the Statement of Federal Financial Accounting Concepts SFFAC No. 2, where should significant accounting principles and policies used by an organization be summarized?
According to the Statement of Federal Financial Accounting Concepts SFFAC No. 2, where should significant accounting principles and policies used by an organization be summarized in the footnotes
According to the Statement of Federal Financial Accounting Concepts SFFAC No. 2, where should information other than dollars be located?
According to the Statement of Federal Financial Accounting Concepts SFFAC No. 2, information other than dollars are provided in the required supplemental information.
What is the law that dictates the Purpose part of the ADA requirements?
31 USC 1301 dictates the Purpose part of the ADA requirements which govern every financial transaction.
What is the law that dictates the Time part of the ADA requirements?
31 USC 1502 dictates the Time part of the ADA requirements which govern every financial transaction
What are the laws that dictate the Amount part of the ADA requirements?
31 USC 1341 is the law that dictates the ADA part of the ADA requirements which govern every financial transaction. Additionally 31 USC 1342 created in 1884, prohibits voluntary services and 31 USC 1517 governs apportionment which are also an integral part of ADA requirements.
What are the 3 accounting systems within the federal government?
The 3 accounting systems within the government are:
Budgetary - flow and use of funds - Appropriation thru Outlay - Oldest types due to Article 1 section 9 of the Constitution
Proprietary (Financial) - Assets, Liabilities, Net Position, Revenue and Expenses - Importance surfaced due primarily to the CFO Act
Managerial Cost - Cost of Doing Business to provide goods and services - Due primarily to the Federal Financial Management Improvement Act of 1996
For Basic Accounting, what is the definition of Assets?
With basic accounting, the definition of Assets is ‘something we own’
For Basic Accounting, what is the definition of Liabilities?
With basic accounting, the definition of Liabilities is ‘something we owe’
For Basic Accounting, what is the definition of Net Position?
With basic accounting, the definition of Net Position is ‘difference between assets and liabilities’
For Basic Accounting, what is the definition of Revenue?
With basic accounting, the definition of Revenue is money ‘coming in’
For Basic Accounting, what is the definition of Expenses?
With basic accounting, the definition of Expenses is money ‘going out’
What are the budgetary systems used from Appropriation thru Use?
The Event and then Budgetary, Proprietary or Cost?
Appropriation = Budgetary
Appropriation Warrant = Proprietary
Apportionment = Budgetary
Allotment = Budgetary
Further funding subdivisions = Budgetary
Commitment = Budgetary
Obligation = Budgetary
Receipt of item = Budgetary and Proprietary
Outlay = Budgetary and Proprietary
Use the delivered item = Proprietary and cost
What are the 3 tests for the necessary expense doctrine and what law dictates?
The law that dictates the Necessary Expense Doctrine is 31 USC 1301 or the Purpose Law - and the 3 tests are:
Must bear a logical relationship to the appropriation
Must not be prohibited
Must not be otherwise provided for within some other appropriation or statutory funds scheme
What are the provisions of the Constitution which provide the underpinning for the budget and funds control process?
The provisions of the Constitution which provide the underpinning of the budget and funds control process are:
Article 1, Section 7
Article 1, Section 8, Clause 1
Article 1, Section 9, Clause 7
What powers are given to whom for Article 1, Section 7?
Article 1, Section 7, empowers the congress to pass bills for the raising of revenue, and delineates how bill will pass from the Congress to the President for signature or veto.
What powers are given to whom for Article 1, Section 8, Clause 1?
Article 1, Section 8, Clause 1, empowers Congress to collect taxes.
What powers are given to whom for Article 1, Section 9, Clause 7?
Article 1, Section 9, Clause 7 requires appropriations in law before money may be spent from the Treasury. The term appropriation applies broadly to any law that permits a Government employee to spend money, not just to the regular appropriation bills.
What is the most authoritative source of information on the proper use of appropriated funds?
The most authoritative source of information on the proper use of appropriated funds is a treatise published by the GAO, office of the General Counsel, titled ‘Principles of Federal Appropriations Law, better known as the ‘Red Book’.
What are the 2 additional principles of Appropriations Law?
The two additional principles of Appropriations Law are:
Specific of general appropriations
Do not do indirectly what you cannot do directly.
What are the 3 main points of the Budget and Accounting Act of 1921?
The 3 main points of the Budget and Accounting Act of 1921 are:
The President is required to submit an annual budget to Congress for all three branches of the Federal Government.
This law created a budget office for the President (Bureau of the Budget then, changed to OMB in 1970)
This law established an oversight organization for the Congress (General Accounting Office then, changed to Government Accountability Office in 2004)
What are the 5 most important laws and regulations in federal financial management? In addition to what overarching laws?
The 5 most important laws and regulations in federal financial management are: (in addition to 31 USC 1341, 1342, & 1517 (ADA)
Budget and Accounting Act of 1921
Budget and impoundment Control Act of 1974 (PL 93-344 & PL 100-119)
Congressional Balanced Budget and Emergency Deficit Control Act of 1985 (PL 99-177)
31 USC 1300 & 1500 Codes
Budget and Impoundment Control Act of 1974 (PL 93-344) aka 2 USC 682-688
OMB Circular A-11
What does the Budget and impoundment Control Act of 1974 (PL 93-344 & PL 100-119) do?
The Budget and impoundment Control Act of 1974 (PL 93-344 & PL 100-119):
Governs the congressional budget process
Defines some key budget terms, such as budget authority, that are used in all phases of the budget process
Establishes the House and Senate budget committees and the Congressional Budget Office (CBO)
What does the Congressional Balanced Budget and Emergency Deficit Control Act of 1985 (PL 99-177) do?
The Congressional Balanced Budget and Emergency Deficit Control Act of 1985 (PL 99-177) prescribes rules and procedures (including “sequestration”) designed to constrain spending and receipts legislation. When originally enacted, the Act was commonly known as the Gramm-Rudman-Hollings Act. The Budget Enforcement Act (BEA) significantly amended this act, and many people refer to its requirements as the BEA requirements.
What do USCs 31 USC 1300 & 1500 Codes do?
31 USC 1300 & 1500 codes prescribe rules and procedures for budget execution. The overarching statutory requirement for the use, control, and accountability of funds are found here.
What does the Budget and Impoundment Control Act of 1974 (PL 93-344) aka 2 USC 682-688 do?
the Budget and Impoundment Control Act of 1974 (PL 93-344) aka 2 USC 682-688, contained into the eh same act as the Congressional Budget Act, prescribes rules and procedures under which the President may withhold appropriated amounts from obligation (ie deferrals and rescissions)
What is the purpose of OMB Circular A-11?
This circular provides instructions on preparation, submission, and execution of the budget. It also provides instructions on monitoring federal outlays, obtaining exemptions from GAO access to records, reporting requirements for unvouchered expenditures, closing accounts, and monitoring federal employment.
What is a fiduciary certifier?
A fiduciary certifier is responsible for use of appropriated funds as to the proper purpose, time, and amount, and for those US Codes pertaining thereto.
What is a Pecuniary Certifier?
A Pecuniary Certifier is:
Responsible for the accuracy of the disbursement of funds
Responsible for the repayment of any disbursement made not in accordance with proper purpose, time, or amount requirements.
What does fund certification entail?
When a fund certifying official certifies that the public’s funds for which he/she has been entrusted, he/she is certifying that these funds are legal for use under the purpose, time, and amount restrictions placed on the use of these funds by congress.
An erroneous, willful, or knowing violation of this fiduciary responsibility may lead to an ADA violation
There is no relief from an ADA violation
What does Pecuniary responsibility convey?
Pecuniary responsibility conveys the responsibility of physical control of the monies entrusted to the care of an accountable official of the government.
Disbursing officers, cashiers, and collecting officers all have pecuniary responsibility for the monies entrusted to their care and will be held personally liable for any loss of theft of these funds.
Certifying officers will be held personally liable for any erroneous payments, resulting from their miscertification, from the second the erroneous payment is made
Relief can be granted for either a loss of cash or a miscertification when certain conditions are met. However, an accountable official possessing personal responsibility is presumed negligent when funds are missing or an erroneous payment is made and is thus presumed responsible for the loss of monies, unless/until he/she proves his/her innocence.
What are the three dimensions of budgetary resources?
The three dimensions of budgetary resources are:
Purpose,
Time
Amount
What is the USC concerning Purpose?
The USC concerning the Purpose dimension of Purpose, Time and Amount is 31 USC 1301
What is the USC concerning Time?
The USC concerning the Time dimension of Purpose, Time and Amount is 31 USC 1502
What is the USC concerning Amount?
The USC concerning the Amount dimension of Purpose, Time and Amount is actually 3 USCs which are 31 USC 1341, 31 USC 1342, 31 USC 1517
What is the general guideline of the Purpose Statute or 31 USC 1301?
The general guideline of the Purpose Statute or 31 USC 1301 is:
Appropriations shall be applied only to the objects for which the appropriations were made except as otherwise provided by law
Simple, concise, direct
When was the purpose statute originally enacted?
The Purpose Statute, originally enacted in 1809, is simple, concise, and direct, yet leads to the greatest number of ADA violations.
What are the 3 types of time appropriations?
The three types of time appropriations are:
Annual authority
Multiple year authority
No-Year authority
What does annual authority mean?
Budgetary resources available for incurring new obligations for one fiscal year or less are classified as annual authority.
What does multi-year authority mean?
Budgetary resources that are available for new obligations in excess of one year are referred to as multiple year authority.
What does no-year authority mean?
Budgetary resources that are available for new obligations for an indefinite period (until the purposes for which they were provided are carried out) are referred to as no-year authority. No year authority, which does not expire, are often referred to as ‘X’ year because x appears in the appropriations symbol instead of a fiscal year.
What are the two types of amount classifications?
The two types of classifications of amount appropriations are
Definite - with terms like NTE - not to exceed
and indefinite - such as federal retirement, SS, the judgement fund.
What are the 5 types of general operating expenses?
The 5 types of general operating expenses are
Training - 5 USC 4109/4110
Travel - 5 USC 5702
Postage - 39 USC 3206 (a)
Books and periodicals - necessary expense doctrine
Miscellaneous - incident to the fed workplace - like civic, charitable, and similar community support involving limited use of agency resources and employee time, outplacement support, notary support and others
Concerning the purpose authority, what is one of the general prohibitions?
Appropriated funds are not to be used to purchase items that are deemed personal or to promote an individual, ie coins with the picture or name of an individual.
What is an incentive award?
The Government Employees Incentive Awards Act (5 USC 4503) authorizes an agency head to recognize the superior performance with awards of cash, time off, or merchandise, and to incur expenses determined necessary to enhance the recognition of the awardee.
What are 3 sources of spending restrictions?
The 3 sources of spending restrictions are:
Authorization Acts
Appropriations Acts
CG Decisions
What are the 3 tests of the Necessary Expense Doctrine and where is its origins?
The Necessary Expense Doctrine dictated by Comptroller General decision 619 on March 25, 1927 3 logical tests are:
Is there a logical relationship between the item and the appropriation
Is the item prohibited by law
is the item funded in any other appropriation
The Time part of purpose, time, and amount is dictated by?
The time part of the purpose, time, and amount of is 31 USC 1502,
The balance of a fixed-term appropriation is available only for payment of expenses properly incurred during the period of availability or to complete contracts properly made within that period.
What does Opinion of the Attorney General #288 (1870) state with concern to time?
Opinion of the Attorney General #288 (1870) states ‘Congress has the right to limit its appropriations to particular times as well as particular objects, and when it has clearly done so, its will expressed in the law should be implicitly followed’
What are the two use of appropriations? And what are they?
The 2 basic uses of appropriations are obligations and expenditures. Obligations are legal reservations for which payments, or expenditures, will be made in the future. Expenditures are the cash payments made to liquidate an obligation. 31 USC 1502 states in part ‘the balance of a fixed term appropriation is available only for payment of expenses properly incurred during the period of availability or to complete contracts properly made within that period….’ so obligations made only during the term of the appropriation. The placing of time limits on appropriations allows the congress to revisit the purpose for which it had originally appropriated funds, reserving to itself the prerogative of revisiting an agency’s use of funds and its activities.
What is the Bona Fine Needs rule?
The Bona Fide Needs rule is ‘A fiscal year appropriation may be obligated only to meet a legitimate, or bona fide, need arising in, or in some cases arising prior to but continuing to exist in, the fiscal year for which the appropriation was made’ 33 Comp. Get. 57 (1953)
What does the bona fide needs rule affect?
The Bona Fide Needs rule is a test to determine when to obligate and for how much consumption or effort the obligation should cover.
Concerning inventory of supply, how would the bona fide needs rule be applied?
When considering the ordering of supplies at the end of the fiscal year the bona fide needs rule comes into play buying supplies for next FY using this FY funds. The supplies are needed to continue operations at a reasonable level and only those supplies necessary must be purchased. the Bona Fide Need occurs in the year the order is placed, not when the goods or services are delivered.
What are the 2 types of services?
The two types of services are severable (provides a finished product no matter when ie custodian services) and non-severable (will not be a finished product until culmination of contract ie construction)
What are permissible actions concerning appropriations prior to the start of the fiscal year?
If the appropriation act is enacted prior to start of the fiscal year for which the appropriation is being made, contracts may be entered into upon enactment and before the start of the fiscal year, provided the no payments or expenditures are made under them until the start of the fiscal year.
what is the ‘subject to availability’ clause?
The ‘subject to availability’ clause allows final negotiation of contract but prohibits contractor starting work ie incurring costs, until the start of the fiscal year. This also applies to the possibility of a CR for severable or non-severable contracts that cross FY.
Concerning termination of contracts - if the contractor defaults on a contract that was awarded in a prior year appropriation, the government may:
If the contractor defaults on a contract that was awarded in a previous FY and the funds are expired, the government may obligate same year funds previously obligated for a replacement contract for amount les, same or greater than originally obligated if:
Bona Fide Need still exists
Same or lesser scope of work
Replacement contract awarded in a timely manner
What is the USC and reasons for closing a no-year fund?
A no-year fund is governed by 31 USC 1555 and must be closed if:
The agency head or President determines its purpose has been fulfilled, and no disbursements have been made for 2 consecutive FY.
When and what changed concerning Appropriation life cycles?
The appropriation life cycle law changed in 1990
No M accounts
5 years in an expired status to liquidate
1% rule which is that if account is closed, adjustments and payments may be made from current or available appropriations up to 1% of unexpended balance of closed appropriation or currently available, which ever is lesser.
Same type of funds
What are the 3 USCs concerning the Amount part of Purpose, time and amount?
the 3 USCs concerning the Amount part of purpose, time and amount are 31 USC 1341, 1342, 1517
What are the 2 provisions of 31 USC 1341?
The 2 provisions of 31 USC 1341 are
An officer or employee of the US may not:
Make or authorize an expenditure or obligation exceeding an amount available in an appropriation or fund for the expenditure or obligation: or
Involve the government in a contract or obligation for the payment of money before an appropriation is made unless authorized by law
What are the 5 forms of budget authority?
The 5 forms of budget authority are:
Appropriations
Contract Authority
Borrowing Authority
Offsetting Collections and receipts
Loan and Loan Guarantee Authority
What is Appropriations authority?
Authority in appropriations acts and other provisions of law provide authority to incur new obligations.
What is Contract authority?
Specific statutory authority to incur obligations in anticipation or in advance of either receipts or an appropriation of liquidating cash with which to pay the obligations.
What is Borrowing authority?
Authority granted to a federal entity to borrow ie from the treasury or through the issuance of promissory notes or monetary credits to other agencies or the public) and to obligate and expend the borrowed funds.
What is Offsetting Collections and Receipts authority?
This includes tax receipts, customs duties, fines, fees, penalties, reimbursements and revenue. The term ‘collections’ includes: (1) receipts, (2) reimbursements, and (3) refunds. Of these, offsetting receipts or reimbursements may offset either disbursements or the need for appropriations.
What is Loan and Loan Guarantee authority?
An authorization for an agency to pledge to pay a part or all of the loan principal and interest to a lender in the event of default by a third party borrower. The family housing portion of the Military Construction appropriation provides the authority to DoD to guarantee loans to vendors/contractors building and/or rehabilitating government quarters.
What are the 3 true types of earmarking and their meaning?
The 3 true fiscal law types of earmarking are:
Not to exceed - which is a maximum/ceiling
Not Less Than - which is a minimum/floor of funding
Exclusively for - which is a specific/fence around funding
What is the provision of the second statue applicable to ado violations which is 31 USC 1342?
The second statue applicable to an ado violation is 31 USC 1342 which states:
An officer or employee of the US government or of the District of Columbia government may not accept voluntary services for either government or employ personal services exceeding that authorized by law except for emergencies involving the safety of human life or the protection of property.
What are some applicable interpretations and decisions pertaining to 31 USC 1342?
The following interpretation and decisions pertain to 31 USC 1342:
If the compensation for a position is fixed by law, then an appointee may not agree to serve without compensation.
If the level of compensation is discretionary AND the compensation can be set at zero, THEN an appointment without compensation is permissible.
A service offered clearly and distinctly as gratuitous with a proper record made of that fact does not violate this statute against acceptance of voluntary service
Examples of statutorily authorized gratuitous services are: Red Cross Volunteers, Candy stripers, museum volunteers
The 3rd statute applicable to ADA violation is? And what does it say?
the 3rd statute applicable to ADA violations is 31 USC 1517 and it states:
An officer or employee of the US government or DC may not make or authorize an expenditure or obligation exceeding-
an apportionment
the amount permitted by regulations prescribed under section 1514(a) of this title.
What does Section 1514 (a) of 31 USC 1517 state?
Section 1514(a) of 31 USC 1517 requires the agency in control of an apportionment to prescribe, by regulation, a system of administrative control consistent with accounting procedures prescribed under law.
What are the 4 statutes that govern augmentation of appropriations?
Augmentation of appropriation is governed by 4 statutes:
31 USC 3302 - the miscellaneous receipts statue
31 USC 1301 - The purpose statute
18 USC 209 - Employee Compensation Prohibition from outside sources.
10 USC 2782 - Damage to real property
What specifically does 10 USC 2782 allow?
10 USC 2782 allows DoD to retain a payment for damage to real property, such as a guardhouse vice posting all monies received from party directly to the miscellaneous receipts account in treasury.
What are the 3 categories of gifts and donations?
The 3 categories of gifts and donations are:
Gifts to the US
Gifts to an Agency
Gifts to an Employee
What are the statutes that govern gifts to an employee?
Gifts to an employee are governed by:
18 USC 209 - Employee Compensation Prohibition from outside sources.
31 USC 3302 - Custodians of Money
10 USC 2601 - General Gift Funds
Is the name of the individual required to be included in the ADA violation notification?
No, per OMB Circular A-11, June 2015, which removed the requirement to name the individual responsible for a violation of the Antideficiency Act (section 145.7)
What are the 9 events that require an obligation? And where are they defined?
The 9 events that require an obligation are defined in 31 USC 1501 and are:
Contracts
Loans
Interagency Orders
Orders without Advertising
Grants and Subsidies
Pending Litigation
Employment & Travel
Public Utilities
Other Legal Liabilities
What is the concept of obligation?
The concept of obligation is central to fiscal law because of the principle that tan obligation must be charged against the relevant appropriation in accordance with the rules of the Purpose, Time, and Amounts statutes.
What is an obligation?
An obligation is ‘a legal liability of the government for the payment of appropriated funds for goods and services ordered or received’
What is a common provision restriction for continuing resolutions?
Most continuing resolutions contain provisions restricting ‘New Starts’. The term refers to the restriction on the use of funds for ‘any project or activity for which appropriations, funds or other authority were not available’ during the preceding FY. Additionally, if the an agency had funds available for a project the preceding year but failed to start the project, it is not a new start.
What is the Budget Enforcement Act of 1990?
The budget Enforcement Act of 1990 supplanted the fixed deficit targets entailed in the Gramm-Rudman-Hollings Act (aka 1987 Balanced Budget and Emergency Deficit Control Reaffirmation Act) and revised the budget control process. It created 2 new budget control processes, a set of caps on annually-appropriated spending, and the PAYGO process which was supposed to require offset of any tax cuts or increase in mandatory spending be offset by tax increases or cuts in mandatory spending.
What is a Certifying Officer Liable for? And when?
The Certifying Officer is liable for the FULL amount of any illegal or improper payment and is liable the moment an improper payment is made as the result of an erroneous certification.
