US vs. MacCollom - ANSWER The established rule is that the expenditure of public funds is proper only when authorized by Congress, not that public funds may be expended unless prohibited by Congress
Article 1 section
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US vs. MacCollom - ANSWER The established rule is that the expenditure of public funds is proper only when authorized by Congress, not that public funds may be expended unless prohibited by Congress
Article 1 section 7 - ANSWER Empowers the Congress to pass bills for the raising of revenue
Article 1 Section 8 - ANSWER Empowers Congress to collect taxes
Article 1 Section 9 - ANSWER Requires appropriation in law before money can be spent from the treasury
Red Book - ANSWER Principles of Federal Appropriations Law issued by GAO. Specific over general appropriations, do not do indirectly what you cannot do directly.
Budget and Accounting Act of 1921 - ANSWER President requires to submit annual budget, Created the Bureau of the Budget (OMB) and the General Accounting Office (GAO).
Congressional Balanced Budget and Emergency Deficient Control Act of 1985 - ANSWER "Gramm-Rudman-Hollings Act", prescribed rules and procedures to include sequestration to constrain spending and receipts legislation.
Purpose, Time, Amount - ANSWER 3 topical areas of Federal Appropriations Law
DoD General counsel, courts - ANSWER Where finals decisions of fiscal law are rendered.
Appropriations, Contract Authority, Borrowing Authority, Monitary credits, offsetting collections and receipts, loan and loan guarantee authority - ANSWER Basic types of budget authority in the Federal Government
Annual Appropriations - ANSWER Remain available for new obligations for 1 fiscal year
Operations and Maintenance (O&M) - ANSWER Annual Appropriations
RDT&E - ANSWER Multi-yr Appropriations, budgetary resources remain available for more than one year
No Year appropriation - ANSWER Budget authority does not expire, resources remain available until the purpose is carried out
Congressional Budget Act of 1974 - ANSWER Established House and Senate Budget Committees and CBO
Necessary Expense Doctrine - ANSWER Must bear a logical relationship, not prohibited by law, not funded elsewhere. "Appropriations shall be applied only to the subjects for which the appropriations were made except by law"- greatest number of ADA violations.
Obligations - ANSWER Legal reservations for which payments or expenditures will be made in the future
Expenditures - ANSWER Cash payments made to liquidate an obligation
Bona fide Needs Rule - ANSWER -can only obligate for requirements of the period of fund availability
Certifying, Disbursing Officers and Departmental Accountable Officers - ANSWER DoD Accountable Officials
DFAS - ANSWER Grants relief of liability to a certifying officer for erroneous or illegal payments in the DoD
Continuing Resolution - ANSWER Temporary appropriations act
Anti-Deficiency Act - ANSWER CO can not sign contract in advance of appropriation
OMB - ANSWER Office of Management and Budget; prepares the federal budget and monitors spending, apportions funds for working capital
Congressional Budget Act of 1974 - ANSWER Act that established the congressional budgetary process, established CBO and budget committees
31 USC 13 and 15 - ANSWER Prescribe rules and procedures for budget execution.
OMB Circular A-11 - ANSWER Budget preparation, submission and execution
Fiduciary Certifier - ANSWER Responsible for use of appropriated funds to the proper Purpose, Time, and Amount
Pecuniary Certifier - ANSWER Responsible for the accuracy of the disbursement of funds and repayment of any disbursement made not in accordance with proper requirements
Annual Authority - ANSWER Budgetary resources available for incurring new obligations for one fiscal year ornless
Multi-yr authority - ANSWER Budgetary resources available for new obligations in excess of one fiscal year
No Year Authority - ANSWER Available for indefinite period (until purposes for which they were provided are carried out)
Severable services - ANSWER Likely 12 months duration, I.e trash collection, housekeeping
Non-severable services - ANSWER Cannot be separated in increments that will provide something useful (i.e. Ship overhaul)
Appropriation Life Cycle Phase 1 - ANSWER 1-5 yrs, Current Account, available for 1 fiscal year, increased scope on existing obligations, payments, adjustments
Appropriation Life Cycle Phase 2 - ANSWER Expired Account (5 yrs) for payments and adjustments to obligations made when Account was current, all unliquidated obligations for to treasury miscellaneous receipts
ADA reporting requirements - ANSWER Report to agency head within 10 days of discovery
Appropriation Life Cycle Phase 3 - ANSWER Greater then 10 yrs, no longer avail for payments/obligations up to lessor of 1%
Advance Decision - ANSWER DAO, disbursing and certifying officers have right to seek advance decision regarding the lawfulness of any payment made or certified, will inspire against liability
4 functions of DoD Finance - ANSWER (1) Entitlement (2) Paying (3) Collecting (4) controlling public funds
Voucher Preparation - ANSWER The disbursement voucher is the authority for DO's to make payment to the government.
Vender payment (4 components) - ANSWER (1) contract copy (2) proper invoice (3) proof of receipt (4) acceptance document
Valid Voucher Transaction (5 elements) - ANSWER 1- Heading and date 2) accounting classification to be charged 3) amount to be disbursed 4) method of payment 5) payee
Certification - ANSWER Accountability + Liability
Executive order 6728 - ANSWER Exempted military from consolidating DO function into Treasury Dept
Military leave - ANSWER May sell back up to 60 days of unused leave during their career
Quarters - ANSWER Family members of deceased service members may receive housing for 365 days after death of member
Discretionary Allotments - ANSWER Service member can select up to 6 (dependents, insurance, etc.)
Non-discretionary allotments - ANSWER Unlimited (charitable donations, child support,etc)
Premium pay - ANSWER Overtime, night pay, holiday pay, etc. NOT TDY pay
Overtime Pay - ANSWER "An employee who requires or permits overtime is generally required to pay the employee premium pay for such overtime work"
Family Friendly Leave Act - ANSWER Employees allowed up to 104 hours of sick leave to care for family members or significant others.
Civilian Pay Records - ANSWER Retained for 56 years
Travel Orders/Authorization - ANSWER Travel itinerary must be prepared and a DD1610 must be approved
Advance Payments to contractprs - ANSWER Allowed if (1) contractor provides adequate security (2) in the public interest or national defense (3) advance is limited to no more than the unpaid contract price
Prompt Pay Act of 1982 (31 USC 3901) - ANSWER Agencies make payments within 30 days of receiving proper invoice, interest rate is updated every 6 months by Sec of Treasury
Constructive Acceptance - ANSWER Date goods and services received plus 7 days
Payment Due Date calculation - ANSWER Earlier of constructive acceptance or actual acceptance, compare with date invoice was received, take later of 2 and add 30 days to get due date
Disbursing Station Symbol Number (DSSN) - ANSWER A tactical disbursing office assigned a DSSN and authorized to provide disbursing offices
DO Disbursement - ANSWER Disbursing more than $50 million plus in single transaction or multiple transactions of a comm
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