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CDFM 3.1 Flashcards | StudBud
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CDFM 3.1
CDFM 3.1
124 terms
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StudBud Administration
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Fiscal Law
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124 cards
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Questions
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Answers
1
A _ is responsible for the accuracy of the disbursement of funds and responsible for the repayment of improper payments
Fiduciary Certifier
Pecuniary Certifier
2
It is common for a CR to require that funds be obligated at a rate of ops not to exceed the prior year rate of ops
True
False
3
"Not Less Than" =
Ceilings
Floors
Fences
4
Which of the following is
NOT
an example of statutorily authorized gratuitous services?
Red Cross volunteers
Duck Race volunteers
Candy stripers in hospitals
Museum volunteers
5
The _ authorizes an agency head to recognize superior performance with awards of cash, time off, or merchandise
Government Employees Incentive Awards Act (5 USC 4503)
FY 2010 DoD Appropriations Act, section 8011
6
Violations of the purpose code may result in ADA violations
True
False
7
The DoD may accept contributions of money or real property from any person, foreign government or international org.
False
True
8
Gov't obligates for the entire amount at the outset IOT achieve a usable end product at the end of the contract
False
True
9
The gov't will obligate for no more than ___ months of a severable service using annual appropriations since it will ___
6 months / receive something useful at the end of the fiscal year
24 months / receive something useful at the end of the fiscal year
18 months / receive something useful at the end of the fiscal year
12 months / receive something useful at the end of the fiscal year
10
Time limits
apply
to no-year funds
True
False
11
Determining that funds would have been available in the original apprn is
NOT
a req. for the purposes of making a pymnt
False
True
12
Forms of budget authority include appropriations, contract authority, borrowing authority, monetary credits ___ and ___
increasing tax levels / guaranteeing payments
offsetting collections and receipts / loan and loan guarantee authority
13
The __ also prescribes rules and procedures under which the President may withhold appropriated amounts from obligation
Congressional Balanced Budget and Emergency Deficit Control Act of 1985
Budget and Impoundment Control Act of 1974
Budget and Accounting Act of 1921
OMB Circular A-11
14
A _ is responsible for use of appropriated funds as to the proper Purpose, Time and Amount, and for pertinent U.S. codes
Disbursing Agent
Pecuniary Certifier
Certifying Officer
Fiduciary Certifier
15
CRs are usually enacted to cover a limited period of time. However, this limited period of availability _____
does not effect the amount of money appropriated by the resolution
effects the amount of money appropriated by the resolution
16
The _ prescribes rules and procedures (including sequestration) designed to constrain spending and receipts legislation
Congressional Balanced Budget and Emergency Deficit Control Act of 1985
31 USC 13 and 15
OMB Circular A-11
Budget and Impoundment Control Act of 1974
17
The legal control of funds is governed by the legal availability of funds with respect to purpose (31 USC 1301)
False
True
18
The bona fide need occurs in the year the order is placed, not when the goods or services are delivered
True
False
19
There is no statute of limitations for the physical loss of funds or in cases involving fraud
False
True
20
The basic axiom of fiscal law states that the expenditure of public funds is proper only when authorized by Congress
True
False
21
Comptroller General Decisions, DoD authorizations and appropriations are common sources of purpose restrictions
False
True
22
The _ provides instructions on preparation, submission, and execution of the budget.
31 USC 13 and 15
DoD Instruction 5010.40
OMB Circular A-11
2 USC 682-688
23
No-Year Authority
expires
True
False
24
The concept of augmentation enables an Executive agency to augment is budget from non-appropriated funds
False
True
25
A certifying officer has the statutory right (31 USC 3529) to seek and obtain an advance decision from the CG
False
True
26
All appropriations are assumed to be annual unless language of the appropriation specifically states otherwise
True
False
27
Funds may be obligated and expended only for the purposes authorized in appropriations acts or other laws
Purpose
Time
Amount
28
There are statutory exceptions permitting employees to conduct operations involving __ and __
tax collection / infrastructure repair
safety of life / protection of property
29
The primary no-year appropriation used in DoD is the Defense Working Capital Fund (DWCF)
False
True
30
_ responsibility conveys the responsibility of physical control of the monies entrusted to the care of an accountable _
Pecuniary / official of the government
Fiduciary / official of the government
31
31 USC _ states that an officer or employee of the US govt may not make or authorize an expenditure or obligation _
1517 / exceeding an apportionment or amount permitted under Section 1514(a)
1715 / exceeding an apportionment or amount permitted under Section 1514(a)
1519 / exceeding an apportionment or amount permitted under Section 1514(a)
1915 / exceeding an apportionment or amount permitted under Section 1514(a)
32
The DoD may accept services, supplies, real property, or the use of real property under a mutual defense agreement
True
False
33
Article 1, Section __, empowers the Congress to pass bills for the raising of revenue, and delineates how bills will __
9 / pass from the Congress to the President for signature or veto
7 / pass from the Congress to the President for signature or veto
10 / pass from the Congress to the President for signature or veto
8 / pass from the Congress to the President for signature or veto
34
Article 1, Section __, Clause 7, requires appropriations in law before money may be spent from the Treasury
9
8
10
7
35
Which of the following interpretations and decisions do
NOT
pertain
to 31 USC 1342 - Voluntary Services?
An appointee may not agree to serve w/o compensation with law requires pymt
If volunteer is registered as an independent voter, service may be accepted
Service offered clearly & distinctly as gratuitous permits no compensation
If compensation is discretionary and can be zero, then volunteer is auth.
36
Relief can be granted for either a loss of cash or a miscertification when certain conditions are met
True
False
37
The courts have long held that the US may receive and accept gifts. The gifts may be real or personal property
True
False
38
The placing of _ limits on appropriations allows Congress to revisit the purpose for which it had originally app'd funds
time
amount
39
CRs are _____ appropriations acts
permanent
temporary
40
Agencies may establish ADA responsibility at any level below the allotment level, consistent with their requirements
False
True
41
Congress applies _ to the appropriation acts to reserve to itself the continuation of programs and projects
purpose limits
amount limits
time limits
42
There is
NO
relief from an ADA violation
False
True
43
Which of the following did the Budget and Accounting Act of 1921
NOT
establish?
Established an oversight organization for the Congress
Created a budget office for the President
Empowered the Judicial Branch to create fiscal law
Req. the Pres. to submit an annual budget to Congress for 3 branches of gov
44
The current rate = "total funds" of funds available for obligation during the prior fiscal year
True
False
45
_ all have pecuniary responsibility for the monies entrusted to their care and will be held personally liable for a loss
Disbursing officers, cashiers and collecting officers
Employees, supervisors and managers
46
Three statutes, that when considered together, cover the concept of augmentation. Which of the following is
NOT
one?
31 USC 3302
18 USC 215
31 USC 1301
18 USC 209
47
Obligations are the legal reservations for which payments, or expenditures, will be made in the future
True
False
48
_____ are the cash payments made to liquidate a _____
Obligations / Commitment
Expenditures / Obligation
Expenditures / Commitment
Obligations / Expenditure
49
"Exclusively For" =
Fences
Ceilings
Floors
50
Gifts to employed individuals are governed by DoD 5500.7-R, the "Joint Ethics Regulation", which ID's gift restrictions
False
True
51
Change in Contract Scope applies to which of the following situations?
Change in mission
Change in quantity
Change in contract time period
Change in other controllables (warranty as an example)
52
The Feed and Forage Act (41 USC 6301)
includes
costs for military construction or military personnel
False
True
53
ADA administrative penalties include suspension from duty without pay or removal from office
False
True
54
An agency __ obligate expired funds to issue a replacement contract if it voluntarily terminates the contract for its __
can / convenience
cannot / convenience
55
For funds to remain available beyond expiration for a replacement contract in the event of a contractor default (select)
replacement contract is not to exceed the scope of the original contract
replacement contract is to be awarded in a reasonable period of time
A bona fide need must still exist
56
_____ determines the purpose of money
The Supreme Court
Congress
The President
57
_____ are those that cannot be separated into increments that will provide something useful at the end of the FY
Severable services
Non-Severable services
58
Funding flow = appropriation>apportionment>allotment>commitment>obligation>outlay
True
False
59
Which of the following does the Congressional Budget Act of 1974
NOT
effect?
Established a Federal debt ceiling
Est. the House & Senate budget committees and the Cong. Budget Office (CBO)
Governs the congressional budget process
Defines some key budget terms, such as budget authority
60
Section 1514 requires the agency in control of an apportionment to prescribe a system of administrative controls
True
False
61
The Government Employees Incentive Awards Act (5 USC 4503) authorizes an agency head to recognize superior performance
True
False
62
The RDT&E appropriations category funds the following types of activities:
Development of equipment, material or computer application software
Initial Operational Test and Evaluation (IOT&E)
Operational costs for R&D dedicated installations
Developmental Test and Evaluation (DT&E)
63
Which of the following are certifying officers
NOT
responsible for ensuring?
correctness of computations on the voucher
correctness of facts stated in the documentation
verification that payment is equitable
legality of a proposed payment
64
However, if such funds would not have been available, an ADA violation occurs.
True
False
65
Period during which budgetary resources may be used to incur new obligations
Time
Purpose
Amount
66
An appropriation is a source of payment with direction
True
False
67
_ are those which the gov't receives something useful immediately upon the expenditure of funds or by the end of the FY
Non-Several services
Severable services
68
Fiscal law is the body of law which governs the availability and use of public funds
False
True
69
The CG must grant relief to a certifying or disbursing officer when a physical loss of funds was not from negligence
True
False
70
Which of the following is
NOT
an element of the necessary expense doctrine?
Does not produce significant inequality
Not prohibited by law
Bears a logical relationship
Not funded for elsewhere
71
"Exclusively for" language in an appropriation connotes both a floor and a ceiling
True
False
72
The __ Book contains detailed guidance and numerous cases illustrating proper and improper uses of appropriated funds
Blue
Yellow
Green
Red
73
The Bona Fide Needs Rule
prevents
agencies from maintaining a legitimate inventory at reasonable and historical levels
True
False
74
"Subject to Availability" on a contract allows final negotiation of a contract but prohibits a contractor to start work
True
False
75
An agency
MAY
augment its appropriation from outside sources without some statutory authority to do so.
True
False
76
12-month contracts for severable services using annual appr's can cross FYs as long as it is no more than 12 months
True
False
77
The basic statute dealing with the use of appropriated funds is _____
11 USC 1301(a)
41 USC 1301(a)
31 USC 1301(a)
21 USC 1301(a)
78
__ requires that approval be sought from the agency head if obligations from an expired apprn during a FY exceed __
31 USC 1553 / $4 million for any program
11 USC 1553 / $4 million for any program
79
Sequestration = automatic federal spending cuts that occur through the withdrawal of funding for certain govt programs
False
True
80
31 USC 3302(b) =
The purpose statute
Employee Compensation Prohibition from outside sources
The miscellaneous receipts statute
81
Two additional principles of fiscal law are (select all that applies)
Do not do directly what you can do indirectly
Do not do indirectly what you cannot do directly
Specific over general appropriations
General over specific approrpriations
82
A _____ is an officer of a Federal department or agency, civilian or military, who is designated to disburse monies
accountable individual
collecting officer
certifying officer
disbursing officer
83
Everything in the apprn act is assumed to apply only to the FY unless the apprn language specifically states otherwise
False
True
84
The CG must grant relief when illegal, incorrect or improper payment was not the result of bad faith or lack of care
False
True
85
An _ possessing personal responsibility is presumed _ when funds are missing or an erroneous payment is made
accountable official / innocent
verifying official / innocent
verifying official / guilty
accountable official / guilty
86
A _____ is a Governmental official who receives or collects money for the Government
disbursing officer
certifying officer
accountable individual
collecting officer
87
31 USC 1341 pertains to obligating or expending in advance or in excess of the appropriation
False
True
88
At the _, all unliquidated obligations and expired budget authority are cancelled and deposited into the Misc Receipts _
end of the 5th year after the expiration of the apprn year/of the Treasury
end of the 3rd year after the expiration of the apprn year/of the Treasury
89
ADA violations must be reported within _____ days
7
10
30
5
90
Which of the following is
NOT
a source of spending restrictions?
Supreme Court rulings
CG Decisions
Authorization Acts
Appropriation Acts
91
Factors such as a mistake, inadvertent oversight, lack of intent, or the minor nature of the violation _____
do not effect the duty to report
effect the duty to report
92
With the passage of the NDAA for FY 91, Congress provided transition provisions to phase out the merged or "M" account
False
True
93
Obligations and expenditures may not exceed levels which are established in law
Time
Amount
Purpose
94
Three U.S. codes form the cornerstone of the Antideficiency Act (ADA).Which of the following is one of those codes?
31 USC 1341
31 USC 3142
31 USC 1517
95
Training tends to be _____
Non-Severable
Severable
96
Obligations from expired apprns may be paid from an unexpired apprn available for obligation for the same purpose
False
True
97
A continuing resolution (CR) is an appr'n act that permits an agency to continue operations of the previous year at a __
general level of funding for a general period of time
specific level of funding for a specific period of time
98
A _____ is any Government officer or employee who, by reason of their employment, is responsible for government funds
disbursing officer
certifying officer
collecting officer
accountable individual
99
Article 1, Section __, Clause 1, empowers Congress to collect taxes
9
7
8
10
100
The Bona Fide Needs Rule provides that you only obligate for the material requirements of the ___ of funds availability
amount
period
101
"Not to Exceed" =
Ceilings
Fences
Floors
102
When attempting to pay an invoice in a cancelled funds situation, determining that funds are available
IS NOT
required
True
False
103
Certifying officers will be held personally liable for any erroneous payments, resulting from their miscertification
True
False
104
__ is an exception to the BFN Rule. This authority permits the contracting for up to __ of severable service in ___
Multiyear service contracting authority / 2 years / 2 one-year increments
Multiyear service contracting authority / 4 years / 4 one-year increments
Multiyear service contracting authority / 5 years / 5 one-year increments
105
Which of the following is
NOT
a type of appropriation?
Variable-year
Single-year
Multi-year
No-year
106
31 USC 1301(a) =
Employee Compensation Prohibition from outside sources
The purpose statute
The miscellaneous receipts statute
107
A violation of the time code will
not
result in an ADA violation
False
True
108
Disbursing officers, cashiers and collecting officers all have pecuniary responsibility for the monies entrusted to them
False
True
109
An erroneous, willful or knowing violation of this fiduciary responsibility may lead to an Antideficiency Act Violation
True
False
110
Appropriations are said to __ for obligational purposes after the last hour of the last day of the specified time period
"terminate"
"discontinue"
"expire"
111
An obligation is a "legal liability of the govt for the payment of appr'd funds for goods & services ordered or received
False
True
112
Under a CR, unobligated balances from the previous FY do not carry over into the current FY (rate not exceeding current)
False
True
113
Gift statutes allow Federal employees to retain travel promotional items (frequent flyer miles) while on official travel
True
False
114
31 USC 1553 also requires that approval be sought from the __ if obligations from an expired apprn during a FY exceed __
Authorization and Appropriation committees / $30 million at the program lvl
Authorization and Appropriation committees / $25 million at the program lvl
Authorization and Appropriation committees / $15 million at the program lvl
Authorization and Appropriation committees / $20 million at the program lvl
115
ADA criminal penalties include a $5,000 fine, 2 years imprisonment, or both.
False
True
116
The accounts of accountable officers must be settled by GAO within 3 years after the date the CG receives the account
True
False
117
_ states that "an officer or employee of the US gov't may not accept voluntary services or employ personal services _
11 USC 1324 / except for protection of human life or personal property
31 USC 1342 / except for protection of human life or personal property
41 USC 1324 / except for protection of human life or personal property
21 USC 1342 / except for protection of human life or personal property
118
The BFN Rule _ obligations in one FY and delivery in the next FY if production lead-time extends delivery into next FY
does not permit
permits
119
The Appropriation Life Cycle consists of _____ phases
five phases
3 phases
four phases
two phases
120
Sources of fiscal law include which of the following?
The Constitution
CG Decisions and Courts
Authorization and Appropriation Acts
General Statutes
121
A _____ is a Government officer or employee whose job is or includes certifying vouchers for payment (does not have $$$)
certifying officer
disbursing officer
accountable individual
collecting officer
122
If the agency is directed to terminate the contract by a __ the agency can issue a replacement contract using __
a court, Board of Contract Appeals or the GAO / unexpired funds
a court, Board of Contract Appeals or the GAO / expired funds
123
18 USC 209 =
The purpose statute
Employee Compensation Prohibition from outside sources
The miscellaneous receipts statute
124
The over-recording and under-recording of obligations are equally improper
True
False
