CDFM, Module 3.1 questions with verified answers
"Exclusively for" language in an appropriation connotes Ans✓✓✓ both a floor
and a ceiling, and the rules of each apply to this type of earmark.
"Not less than" language in an appropriation connotes a Ans✓✓✓ legal minimum
to be spent on a particular program, project, or item. In a minimum, monies
available in the general appropriation may be transferred into the earmarked line,
but any funds not needed in the earmark may not be transferred into the general
appropriation. Also known as a "floor."
31 U.S.C. 1301(a) Ans✓✓✓ "Appropriations shall be applied only to the objects
for which the appropriations were made except as otherwise provided by law"
(Purpose) was originally enacted in 1809. It leads to the greatest number of ADA
violations. It provides the primary control that the Congress has over the
Executive branch.
31 U.S.C. 1502 in part states: Ans✓✓✓ "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..."
31 USC 1342, Two rules evolved from interpretations/ decisions of this statute:
Ans✓✓✓ First, if the compensation for a position is fixed by law, then an
appointee may not agree to serve without compensation. Second, if the level of
compensation is discretionary AND the compensation can be set at zero, THEN an
appointment without compensation is permissible.
31 USC 1342, Voluntary Services Ans✓✓✓ The second statute applicable to an
ADA violation. "An officer of the United States or of the District of Columbia
,government may not accept voluntary services for either government or employ
services exceeding that authorized by law except for emergencies involving the
safety of human life or the protection of property..."
31 USC 1349 and 1518, ADA penalities, Ans✓✓✓ an officer or employee violating
31 USC 1341(a) or1517(a) shall be subject to appropriate administrative discipline,
including--when circumstances warrant--a written reprimand, suspension from
duty without pay, or removal from office.
31 USC 1350 and 1519, ADA penalites, Ans✓✓✓ an officer or employee
convicted of willfully and knowingly violating 31 USC 1341(a), 1342, or 1517(a)
shall be fined not more than $5,000, imprisoned for not more than 2 years, or
both.
31 USC 1501(a)(1) through (9) spells out the legal requirements necessary to have
a valid obligation for the following events: Ans✓✓✓ (1) Contracts; (2) Loan
Agreements; (3) Interagency Orders; (4) Orders Without Advertising; (5) Grants
and Subsidies; (6) Pending Litigation; (7) Employment and Travel; (8) Public
Utilities; (9) Other Legal Liabilities
31 USC 1514 requires the agency having control of an apportionment Ans✓✓✓
to prescribe by regulation a system of administrative control no inconsistent with
accounting procedures prescribed under law.
31 USC 1517, Apportionment Ans✓✓✓ The third statute applicable to an ADA
violation. States "An officer or employee of the United States Government or of
the District of Columbia government may not make or authorize an expenditure
or obligation exceeding: (1) an apportionment; or (2) the amount permitted by
regulations prescribed under section 1514."
, 31 USC 3302(b) states Ans✓✓✓ "an official or agent of the Government receiving
money for the Government from any source shall deposit the money in the
Treasury as soon as practicable without deduction for any charge or claim."
31 USC 3527 and 3528 provide a mechanism Ans✓✓✓ for granting relief to a
certifying officer or a disbursing officer for an illegal, improper or incorrect
payment or a physical loss.
6 Forms of Budget Authority Ans✓✓✓ Appropriations; Contract Authority;
Borrowing Authority; Monetary Credits; Offsetting Collections and Receipts; Loan
and Loan Guarantee Authority.
A "not to exceed" language in an appropriation identifies a Ans✓✓✓ legal
maximum that an agency may obligate. A legal maximum earmark may not be
augmented with funds from the general appropriation, but any unobligated
amounts may be used for other objects in the general appropriation. Also known
as a "ceiling."
A certifying officer has the statutory right (31 USC 3529) Ans✓✓✓ to seek an
obtain an advance decision from the Comptroller General regarding the
lawfulness of any payment to be certified. For DoD, this advance decision
authority has been delegated to the DoD General Counsel.
A certifying officer is not relieved Ans✓✓✓ from his or her duties by the press of
work.
A certifying officer is personally liable Ans✓✓✓ for the amount of any illegal,
improper, or incorrect payment resulting from his or her certification.
"Exclusively for" language in an appropriation connotes Ans✓✓✓ both a floor
and a ceiling, and the rules of each apply to this type of earmark.
"Not less than" language in an appropriation connotes a Ans✓✓✓ legal minimum
to be spent on a particular program, project, or item. In a minimum, monies
available in the general appropriation may be transferred into the earmarked line,
but any funds not needed in the earmark may not be transferred into the general
appropriation. Also known as a "floor."
31 U.S.C. 1301(a) Ans✓✓✓ "Appropriations shall be applied only to the objects
for which the appropriations were made except as otherwise provided by law"
(Purpose) was originally enacted in 1809. It leads to the greatest number of ADA
violations. It provides the primary control that the Congress has over the
Executive branch.
31 U.S.C. 1502 in part states: Ans✓✓✓ "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..."
31 USC 1342, Two rules evolved from interpretations/ decisions of this statute:
Ans✓✓✓ First, if the compensation for a position is fixed by law, then an
appointee may not agree to serve without compensation. Second, if the level of
compensation is discretionary AND the compensation can be set at zero, THEN an
appointment without compensation is permissible.
31 USC 1342, Voluntary Services Ans✓✓✓ The second statute applicable to an
ADA violation. "An officer of the United States or of the District of Columbia
,government may not accept voluntary services for either government or employ
services exceeding that authorized by law except for emergencies involving the
safety of human life or the protection of property..."
31 USC 1349 and 1518, ADA penalities, Ans✓✓✓ an officer or employee violating
31 USC 1341(a) or1517(a) shall be subject to appropriate administrative discipline,
including--when circumstances warrant--a written reprimand, suspension from
duty without pay, or removal from office.
31 USC 1350 and 1519, ADA penalites, Ans✓✓✓ an officer or employee
convicted of willfully and knowingly violating 31 USC 1341(a), 1342, or 1517(a)
shall be fined not more than $5,000, imprisoned for not more than 2 years, or
both.
31 USC 1501(a)(1) through (9) spells out the legal requirements necessary to have
a valid obligation for the following events: Ans✓✓✓ (1) Contracts; (2) Loan
Agreements; (3) Interagency Orders; (4) Orders Without Advertising; (5) Grants
and Subsidies; (6) Pending Litigation; (7) Employment and Travel; (8) Public
Utilities; (9) Other Legal Liabilities
31 USC 1514 requires the agency having control of an apportionment Ans✓✓✓
to prescribe by regulation a system of administrative control no inconsistent with
accounting procedures prescribed under law.
31 USC 1517, Apportionment Ans✓✓✓ The third statute applicable to an ADA
violation. States "An officer or employee of the United States Government or of
the District of Columbia government may not make or authorize an expenditure
or obligation exceeding: (1) an apportionment; or (2) the amount permitted by
regulations prescribed under section 1514."
, 31 USC 3302(b) states Ans✓✓✓ "an official or agent of the Government receiving
money for the Government from any source shall deposit the money in the
Treasury as soon as practicable without deduction for any charge or claim."
31 USC 3527 and 3528 provide a mechanism Ans✓✓✓ for granting relief to a
certifying officer or a disbursing officer for an illegal, improper or incorrect
payment or a physical loss.
6 Forms of Budget Authority Ans✓✓✓ Appropriations; Contract Authority;
Borrowing Authority; Monetary Credits; Offsetting Collections and Receipts; Loan
and Loan Guarantee Authority.
A "not to exceed" language in an appropriation identifies a Ans✓✓✓ legal
maximum that an agency may obligate. A legal maximum earmark may not be
augmented with funds from the general appropriation, but any unobligated
amounts may be used for other objects in the general appropriation. Also known
as a "ceiling."
A certifying officer has the statutory right (31 USC 3529) Ans✓✓✓ to seek an
obtain an advance decision from the Comptroller General regarding the
lawfulness of any payment to be certified. For DoD, this advance decision
authority has been delegated to the DoD General Counsel.
A certifying officer is not relieved Ans✓✓✓ from his or her duties by the press of
work.
A certifying officer is personally liable Ans✓✓✓ for the amount of any illegal,
improper, or incorrect payment resulting from his or her certification.
