CDFM MODULE 3.1 FISCAL LAW- Exam Questions with correct Answers

FEDERAL APPROPRIATIONS LAW CAN BE CATEGORIZED INTO WHICH 3 AREAS - ANSWER PURPOSE TIME AMOUNT IN DOD FINAL DECISIONS ON FISCAL LAW QUESTIONS ARE OFFICIALLY RENDERED BY - ANSWER DOD GENERAL COUNSEL, COURTS BASIC TYP ...

FEDERAL APPROPRIATIONS LAW CAN BE CATEGORIZED INTO WHICH 3 AREAS - ANSWER PURPOSE TIME AMOUNT IN DOD FINAL DECISIONS ON FISCAL LAW QUESTIONS ARE OFFICIALLY RENDERED BY - ANSWER DOD GENERAL COUNSEL, COURTS BASIC TYPES OF BUDGET AUTHORITY USED IN FEDERAL GOVT - ANSWER APPROPRIATIONS, CONTRACT AUTHORITY, BORROWING AUTHORITY, MONETARY CREDITS, OFFSETTING COLLECTIONS AND RECEIPTS, LOAN AND LOAN GUARANTEE AUTHORITY ANNUAL APPROPRIATIONS REMAIN AVAILABLE FOR NEW OBLIGATIONS FOR - ANSWER NEW OBLIGATIONS FOR ONE FY OM IS AND EXAMPLE OF WHAT APPROPRIATION - ANSWER ANNUAL RDTE IS AND EXAMPLE OF WHAT APPROPRIATION - ANSWER MULTI YEAR BUDGET AUTHORITY DOES NOT EXPIRE IN WHAT TYPE OF APPROPRIATION - ANSWER NO YEAR ARTICLE 1, SECTION 9 OF US CONST GIVES THE POWER TO APPROPRIATE FUNDS FOR OPERATING THE GOVT TO WHAT BRANCH - ANSWER LEGISLATIVE LAW ESTABLISHED THE HOUSE AND SENATE BUDGET COMMITTEES AND THE CONGRESSIONAL BUDGET OFFICE - ANSWER CONGRESSIONAL BUDGET ACT OF 1974 THREE TESTS THAT MUST BE MET FOR USE OF THE NECESSARY EXPENSE DOCTRINE - ANSWER LOGICAL RELATIONSHIP, NOT PROHIBITED BY LAW , NOT FUNDED ELSEWHERE DETERMINE TO BE ACCOUNTABLE INDIVIDUALS IN DOD - ANSWER CERTIFYING AND DISBURSING OFFICERS AND DEPARTMENTAL ACCOUNTABLE OFFICIALS WHO GRANTS RELIEF OF LIABILITY TO A CERTIFYING OFFICER FOR ERRONEOUS OR ILLEGAL PAYMENTS IN DOD - ANSWER DFAS WHAT TYPE OF BUDGETARY RESOURCE REMAINS AVAILABLE FOR NEW OBLIGATIONS FOR MORE THAN ONE FISCAL YEAR - ANSWER MULTI YEAR AUTHORITY WHAT TYPE OF BUDGETARY RESOURCE REMAINS AVAILABLE FOR NEW OBLIGATIONS UNTIL THE PURPOSE FOR WHICH IT WAS PROVIDED IS CARRIED OUT - ANSWER NO YEAR AUTHORITY WHAT TYPE OF CONGRESSIONAL RESOLUTION CAN BE THOUGHT OF AS A TEMPORARY APPROPRIATION ACT - ANSWER CONTINUING RESOLUTION IF CONTRACTING OFFICER SIGNS A CONTRACT IN ADVANCE OF AN APPROPRIATION WHAT TYPE OF VIOLATION HAS OCCURRED - ANSWER ANTI DEFICIENCY ACT WHAT AGENCY APPORTIONS FUNDS FOR WORKING CAPITAL FUND? - ANSWER OMB ARTICLE 1, SECTION 7 - ANSWER EMPOWERS CONGRESS TO PASS BILLS FOR RAISING REVENUE AND DELINEATES HOW BILLS WILL PASS ARTICLE 1, SECTION 8 - ANSWER EMPOWERS CONGRESS TO COLLECT TAXES ARTICLE 1, SECTION 9 - ANSWER REQUIRES APPROPRIATION IN LAW BEFORE MONEY MAY BE SPENT FORM THE TREASURY. RED BOOK - ANSWER PRINCIPLES OF FEDERAL APPROPRIATIONS LAW BY GAO TWO ADDITIONAL PRINCIPLES TO RED BOOK - ANSWER SPECIFIC OVER GENERAL APPROPRIATIONS , DO NOT DO INDIRECTLY WHAT YOU CANNOT DO DIRECTLY BUDGET AND ACCOUNTING ACT OF 1921 - ANSWER REQUIRED PRESIDENT TO SUBMIT ANNUAL BUDGET TO CONGRESS FOR ALL THREE BRANCHES OF GOVT, CREATED A BUDGET OFFICE FOR THE PRESIDENT OMB, ESTABLISHED GENERAL ACCOUNTING OFFICE GAO 31 USC 1301 - ANSWER PURPOSE 31 USC 1502 - ANSWER TIME 31 USC 1341, 1342, 1517 - ANSWER AMOUNT FUNDS MAY BE OBLIGATED AND EXPENDED ONLY FOR THE PURPOSES AUTHORIZED IN THE APPROPRIATION - ANSWER PURPOSE THE PERIOD OF TIME DURING THE BUDGETARY RESOURCE MAY BE USED TO INCUR NEW OBLIGATIONS - ANSWER TIME GOVT EMPLOYEES INCENTIVE AWARDS ACT 5 USC 4503 - ANSWER AUTHORIZES AND AGENCY HEAD TO RECOGNIZE SUPERIOR PERFORMANCE WITH AWARDS OF CASH , TIME OFF, OR MERCHANDISE AND TO INCUR THE EXPENSE DETERMINED NECESSARY TO ENHANCE RECOGNITION COMMON SOURCE OF PURPOSE RESTRICTIONS ARE FOUND IN - ANSWER DOD AUTHRIZATIONS AND APPROPRIATIONS ACTS BONA FIDE NEED RULE - ANSWER ONLY OBLIGATE FOR THE MATERIAL REQUIREMENTS OF THE PERIOD OF FUND AVAILABILITY BONA FIDE NEED RULE OCCURS IN - ANSWER YEAR ORDER IS PLACED NOT WHEN THE GOOD OR SERVICES ARE DELIVERED SEVER-ABLE SERVICES - ANSWER THOSE WHICH THE GOVT RECEIVES SOMETHING USEFUL FOR IMMEDIATE UPON EXPENDITURE OF FUNDS OF BY END OF FY QUALIFICATION TO THE RULE OF SEVER-ABLE SERVICE - ANSWER 12 MONTH CONTRACT CAN CROSS FISCAL YEARS AS LONG AS IT IS FOR NO MORE THAN 12 MONTHS NON SEVER-ABLE SERVICE - ANSWER THOSE THAT CANNOT BE SEPARATED INTO INCREMENTS THAT WILL PROVIDE SOMETHING USEFUL AT THE END OF THE FY TRAINING TENDS TO BE NON SEVER-ABLE - ANSWER 1 TRAINING THAT BEGINS IN THE FOLLOWING YEAR CAN BE CHARGED TO THE CURRENT YEAR 2 IF THE GOVT MUST MAKE A PAYMENT OR DEPOSIT IN THE CURRENT YEAR, 3 THE SCHEDULING IS BEYOND THE GOVTS CONTROL, AND 4 THE TIME BETWEEN OBLIGATIONS AND PERFORMANCE IS NOT EXCESSIVE PERMISSIBLE ACTIONS PRIOR TO START OF FY - ANSWER IF THE APPROPRIATION ACT IS ENACTED PRIOR TO THE START OF THE FY FOR WHICH THE APPROPRIATION IS BEING MADE, CONTRACTS MAY BE ENTERED INTO UPON ENACTMENT AND BEFORE THE START OF THE FY, PROVIDED THAT NO PAYMENT OR EXPENDITURE MAY BE MADE UNDER THEM UNTIL THE START OF THE FY. CONTRACTOR DEFAULT - ANSWER WHERE IT BECOMES NECESSARY TO TERMINATE A CONTRACT BECAUSE OF THE CONTRACTORS DEFAULT, FUNDS OBLIGATED UNDER ORIGINAL CONTRACT ARE AVAILABLE BEYOND THEIR ORIGINAL PERIOD FOR FUNDS TO BE AVAILABLE BEYOND EXPIRATION FOR REPLACEMENT CONTRACT, THREE CONDITIONS MUST BE MET - ANSWER 1 BONA FIDE NEED 2 REPLACEMENT CONTRACT IS NOT TO EXCEED THE SCOPE OF THE ORIGINAL 3 REPLACEMENT CONTRACT IS TO BE AWARDED AT A REASONABLE PERIOD OF TIME AFTER TERMINATION OF ORIGINAL CONTRACT IF JUDGEMENT IS MADE WHO PAYS - ANSWER DOJ BUT MUST REPAY IN FY THAT THE JUDGEMENT WAS MADE WHY DOES CONGRESS APPLY TIME LIMITS TO APPROPRIATIONS ACTS - ANSWER TO RESERVE ITSELF THE CONTINUATION OF PROGRAMS OM APPROPRIATION LIMITS - ANSWER MINOR CONSTRUCTION UNDER 1 MILLION, PURCHASE OF ITEMS WITH INVESTMENT ITEM UNIT COST OF NOT MORE THAN 250000 RDTE - ANSWER OPERATIONAL COSTS FOR RD DEDICATED TO INSTALLATIONS NOT HEADQUARTERS PROCUREMENT - ANSWER ALL COSTS NECESSARY TO DELIVER A USEFUL END ITEM INTENDED FOR OPERATIONAL USE OF INVENTORY DEFENSE WORKING CAPITAL FUND - ANSWER PRIMARY NO YEAR APPROPRIATION USED IN DOD BONA FIDE NEED RULE DOES NOT APPLY - ANSWER TO NO YEAR APPROPRIATIONS 31 USC 1555 NO YEAR ACCOUNT TO BE CLOSED IF - ANSWER HEAD OF AGENCY OR PRESIDENT DETERMINES THAT THE PURPOSE FOR WHICH THE APPROPRIATION WAS MADE HAS BEEN CARRIED OUT AND NO DISBURSEMENT HAS BEEN MADE AGAINST THE APPROPRIATION OF TWO CONSECUTIVE YEARS APPROPRIATION LIFE CYCLE - ANSWER LAW CHANGED IN 1990, NO M ACCOUNT 5 YEARS TO LIQUIDATE, 1 PERCENT RULE, SAME TYPE FUNDS BUDGET AUTHORITY FOR APPROPRIATION WILL REMAIN ON THE BOOKS FOR - ANSWER FIVE YEARS AND AFTER APPROPRIATION EXPIRES 5 YEARS AT THE END OF THE FIFTH YEAR AFTER EXPIRATION OF APPROPRIATION YEAR, ALL UN-LIQUIDATED FUNDS WILL BE DEPOSITED - ANSWER IN TREASURY MISC RECEIPTS EXPIRED APPROPRIATIONS AVAILABLE ONLY FOR VALID - ANSWER UPWARD OR DOWNWARD ADJUSTMENTS OF OBLIGATION THAT WERE PROPERLY INCURRED AGAINST THE ACCOUNT DURING THE PERIOD PRIOR TO EXPIRATION 31 USC 1553 REQUIRES THAT APPROVAL BE SOUGHT FROM THE HEAD OF THE AGENCY IF OBLIGATIONS FROM AN EXPIRED APPROPRIATION DURING A FY EXCEED - ANSWER 4 MILLION IN ANY PROGRAM OR IF EXCEED 25 MILLION AUTHORIZATION AND APPROPRIATION COMMITTEES MUST APPROVE LEGITIMATELY INCURRED OBLIGATIONS THAT HAVE NOT BEEN PAID AT THE TIME AN APPROPRIATION IS CANCELLED CANNOT BE PAID FROM - ANSWER CANCELLED OBLIGATED OR UNOBLIGATED BALANCES OF THE CANCELLED APPROPRIATION AFTER APPROPRIATION IS CANCELLED ANY OBLIGATION OR ADJUSTMENT THAT WOULD HAVE BEEN PROPERLY CHARGEABLE TO THE APPROPRIATION - ANSWER MAY BE PAID FROM AN UNEXPIRED APPROPRIATION THAT IS AVAILABLE FOR OBLIGATION FOR THE SAME PURPOSE AS THE CLOSED ACCOUNT A FOOTNOTE APPENDED TO EACH APPORTIONMENT - ANSWER NOT TO EXCEED ONE PERCENT OF THE TOTAL APPROPRIATION FO THIS ACCOUNT, IS APPORTIONED FOR THE PURPOSE OF PAYING LEGITIMATE OBLIGATIONS RELATED TO CANCELLED APPROPRIATIONS 31 USC 1341 - ANSWER OBLIGATING OR EXPENDING IN ADVANCE OR IN EXCESS OF THE APPROPRIATION A MAXIMUM EARMARK MAY NOT BE AUGMENTED AND FUNDS FROM THE GENERAL APPROPRIATION BUT ANY UN OBLIGATED AMOUNTS MAY BE USED FOR OTHER OBJECTS IN GENERAL APPROPRIATION - ANSWER EARMARK AUGMENTATION NOT ALLOWED 31 USC 1342 - ANSWER AN OFFICER OR EMPLOYEE OF GOVT MAY NOT ACCEPT VOLUNTARY SERVICES FOR EITHER GOVT OR EMPLOY PERSONAL SERVICES EXCEEDING THAT AUTHORIZED BY LAW EXCEPT EMERGENCIES INVOLVING SAFETY OF HUMAN LIFE OR PROTECTION OF PROPERTY THIRD STATUTE APPLICABLE TO ADA - ANSWER AN OFFICER OR EMPLOYEE OF GOVT MAY NOT MAKE OR AUTHORIZE AN EXPENDITURE OR OBLIGATION EXCEEDING THE APPORTIONMENT OR AMOUTN PERMITTED BY REGULATIONS THIRD STATUTE OF APPLICABLE TO ADA REQUIRES - ANSWER STATUS OF FUNDS AND DIVIDES BUDGET AUTHORITY TO OBLIGATION AUTHORITY HOW SOON SHALL AN OFFICER RECEIVING MONEY FOR THE GOVT FROM ANY SOURCE DEPOSIT MONEY INTO THE TREASURY - ANSWER WITHIN 72 HOURS THREE STATUTES THAT WHEN CONSIDERED TOGETHER COVER AUGMENTATION - ANSWER THE MISC RECEIPTS STATUTE 31 USC 3302, THE PURPOSE STATUTE 31 USC 1301, EMPLOYEE COMPENSATION PROHIBITION OUTSIDE SOURCES 18 USC 209 DOD MAY ACCEPT GIFTS OF MONEY IN THE CERTAIN SITUATIONS - ANSWER 1 MAY ACCEPT CONTRIBUTIONS OF MONEY OR REAL PROPERTY FROM ANY PERSON OR GOVT 2 DOD MAY ACCEPT SERVICES SUPPLIES REAL PROPERTY OR THE USE OF REAL PROPERTY UNDER MUTUAL DEFENSE GIFT TO EMPLOYEES GOVERNED BY - ANSWER DOD 5500.7-R PENALTIES OF ADA VIOLATIONS - ANSWER 1 ADMINISTRATIVE SHALL BE SUBJECT TO APPROPRIATE DISCIPLINE 2 CRIMINAL PENALTIES WILLFULLY AND KNOWINGLY SHALL BE FINED NOT MORE THAN 5000 IMPRISONED FOR NOT MORE THAN TOW YEARS OR BOTH WHO HANDLES ADA VIOLATIONS - ANSWER GAO ADA REPORING REQUIRMENTS - ANSWER REPORT TO AGENCY WITHIN 10 DAYS, REPORT PER FMR VOL 14, IF VIOLATIONS IN FACT OCCURRED REPORT PER 31 USC 1351 AND 1517, REPORT TO PRESIDENT THROUGH OMB CONGRESS AND COMPTROLLER GENERAL IF ADA VIOLATION SUSPECTED - ANSWER PRELIMINARY REVIEW SHOULD BE CONDUCTED AND COMPLETED WITHIN 14 WEEKS FROM THE DATE OF INITIAL DISCOVERY IS THERE ADA RELIEF - ANSWER PER THURSTON VS US IN 1988 NO RELIEF MUST HAVE VALID OBLIGATION FOR FOLLOWING EVENTS - ANSWER CONTRACTS, LOAN AGREEMENTS, INTER AGENCY ORDERS, ORDERS WITHOUT ADVERTISING, GRANDT AND SUBSIDIES, PENDING LITIGATION, EMPLOYMENT AND TRAVEL, PUBLIC UTILITIES, OTHER LEGAL LIABILITIES CURRENT RATE OF OPERATIONS - ANSWER CARRIED ON WITHIN THE APPROPRIATION DURING THE PRIOR YEAR NEW STARTS - ANSWER NOT PERMITTED UNDER CR CERTIFYING OFFICER - ANSWER CERTIFY VOUCHERS FOR PAYMENT AND HAS NO PUBLIC FUNDS IN HIS INTEREST CERTIFYING OFFICER RESPONSIBLE FOR - ANSWER 1 EXISTENCE OF CORRECTNESS OF FACTS AND SUPPORTING DOCUMENTATION 2 CORRECTNESS OF COMPUTATIONS 3 LEGALITY OF PROPOSED PAYMENT CERTIFYING OFFICER IS LIABLE - ANSWER FROM MOMENT ERRONEOUS PAYMENT IS MADE CERTIFYING OFFICER IS NOT RESPONSIBLE FOR - ANSWER TIMELINESS A D.A.O. CERTIFYING OFFICER OR DISBURSING OFFICER HAS THE STATUTORY RIGHT TO SEEK AND ADVANCE DECISION FROM - ANSWER GENERAL COUNSEL REGARDING THE LAWFULNESS OF ANY PAYMENT TO BE CERTIFIED COMPTROLLER GENERAL MUST GRANT RELIEF UNDER - ANSWER PHYSICAL LOSS ; SECDEF DETERMINES THAT THE OFFICIAL WAS CARRYING OUT OFFICIAL DUTIES , THE LOSS WAS NOT THE RESULT OF ILLEGAL OR IMPROPER OR INCORRECT PAYMENT, THE LOSS WAS NOT THE RESULT OF FAULT OR NEGLIGENCE STATUTE OF LIMITATIONS - ANSWER FOR ERROR 3 YEARS, FOR FRAUD NO TIME LIMIT FEED AND FORAGE ACT - ANSWER AUTHORIZES THE DOD TO INCUR