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Acts and US Codes
Definitions for Mod1
122
Finance
Not Applicable
08/13/2011

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Term
Authorizes the Department of Defense to incur obligations in excess of appropriations in procurring clothing, subsistence, forage, fuel, quarters, transportation, or medical and hospital supplies not to exceed the necessities of the current fiscal year. (only DoD)
Definition
41 USC 11
Term
The authority provided by Federal law to incur financial obligations that will result in immediate or future outlay.
Definition
2 USC 622(2)
Term
Criteria for Recording Obligations
Definition
31 USC 1501 (a) 1 through 9
Term
"It has been held that there is no private right of action for declaratory, mandatory, or injunctive relief under the Antideficiency Act.
Definition
31 US Code 1351
Term
"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..."
Definition
31 USC 3302(b)
Term
The purpose statute
Definition
31 USC 1301
Term
Employee Compensation Prohibition from outside sources
Definition
18 USC 209
Term
"An officer or employee of the United States government may not make or authorize an expenditure or obligation exceeding an apportionment."
Definition
31 USC 1517
Term
"An agency must observe the limits of its apportionments just as it must observe the limits of its appropriations."
Definition
31 USC 1517
Term
An officer or employee of the US Government may not accept voluntary services for the government or employ personal services exeeding that authorized by law execpt for emergencies involving the safety of human life or the protection of property.
Definition
31 USC 1342
Term
If compensation for a position is fixed by law, then an appointee may not agree to serve without compensation.
Definition
31 USC 1342
Term
If the level of compensation is discretionary, AND the compensation can be set at zero, then an appointment without compensation is permissable.
Definition
31 USC 1342
Term
A service offered clearly and distinctly as gratuitous with a proper record made of that fact does not violate this statute.
Definition
31 USC 1342
Term
An officer or employee of the US Government may not involve the government in a contract or obligation for the payment of money BEFORE an appropriation is made unless authorized by law.
Definition
31 USC 1341
Term
An officer or employee of the US Government may not Make or authorize expenditure or obligation exceeding an amount available in an appropriation or fund for the expenditure or obligation.
Definition
31 USC 1341
Term
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 perperly made within that period.
Definition
31 USC 1502
Term
The Time statute.
Definition
31 USC 1502
Term
Appropriations shall be applied only to the objects for which the appropriations were made except as otherwise provided by law.
Definition
31 USC 1301
Term
Empowers the Congress to pass bills for the raising of revenue, and delineates how bills will pass from the Congress to the President for signature or veto.
Definition
Article 1, Section 7
Term
Empowers Congress to collect taxes
Definition
Article 1, Section 8, Clause 1
Term
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.
Definition
Article 1, Section 9, Clause 7
Term
Instructs on Budget Execution
Definition
OMB Circular A-11
Term
This law prescribes rules and procedures under which the President may withhold appropriated amounts from obligation (deferrals and recissions).
Definition
Impoundment Control Act of 1974
2 USC 682-688
Term
Prescribe the rules and procedures for budget execution. Many are also known as the Anti-Deficiency Act.
Definition
Section 13 and 15, 31 USC
Term
Prescribes rules and procedures (including sequestration) designed to constrain spending and receipts legislation.
Definition
Balanced Budget and Emergency Deficit Control Act 1985
Term
Commonly known as the Gramm-Rudman-Hollings Act.
Definition
Balanced Budget and Emergency Deficit Control Act of 1985
Term
The Budget Enforcement Act (BEA requirements) significantly amended this act.
Definition
Balanced Budget and Emergency Deficit Control Act of 1985
Term
Governs the Congressional Budget process
Definition
Congressional Budget Act of 1974
Term
Defines some key budget terms that are used in all phases of the budget process
Definition
Congressional Budget Act 1974
Term
Establishes the House and Senate Budget Committees and the Congressional Budget Office.
Definition
Congressional Budget Act of 1985
Term
Requires the President to submit an annual budget to Congress for all three branches of the Federal Government.
Definition
Budget and Accounting Act of 1921
Term
Created a budget office for the President (OMB in 1970)
Definition
Budget and Accounting Act of 1921
Term
Established the General Accounting Office now the Government Accountability Office (GAO)
Definition
Budget and Accounting Act 1921
Term
31 USC 1341, 1342, and 1517
Definition
Anti-Deficiency Act
Term
The most authoritative source of information on the proper use of appropriated funds.
Definition
GAO Principles of Federal Appropriation Law (The Redbook).
Term
Employees shall not use public office for private gain.
Definition
5 C.F.R section 2635.101
Term
Emplyees shall act impartially and not give preferential treatment to a private organization or individual.
Definition
5 C.F.R section 2635.101
Term
Lists the 9 merit principles
Definition
5 USC 2301(b)
Term
Lists the Prohibited Personnel Practices
Definition
5 USC 2302(b)
Term
The budget formulation process is governed by this.
Definition
OMB Circular A-11
Term
Establishes the format for the budget and guidance for submitting budget estimates.
Definition
OMB Circular A-11
Term
Agencies must request apportionment via this.
Definition
SF-132
Term
OSD reports to OMB the status of expenditure using this.
Definition
SF-133
Term
Prohibits the President from withholding funds without sufficient reason.
Definition
The impoundment Control Act in 1974
Term
Requires the official having administrative control of an appropriation to prescribe a system of administrative control.
Definition
31 USC 1514
Term
Under this code a system is designed to restrict obligation or expenditures from each appropriation to the amount of apportionments or reapportionments of the appropriation.
Definition
31 USC 1514
Term
Enables the official or the head of the executive agency to fix responsibility for an obligation or expenditure exceeding an apportionment or reapportionment.
Definition
31 USC 1315
Term
This must be submitted quarterly to the OMB and covers each open fiscal year for each account, and displays the status of all budget resources for each year.
Definition
SF-133
Term
Lists the types and amounts of budgetary resources available, their apportionment status, and the amounts obligated and outlayed on a cumulative basis for the current fiscal year.
Definition
SF-133
Term
Establishes the DoD policy and procedures of administrative controls.
Definition
DoD FMR 7000.14R, volume 14, chapter 1
Term
Specifies organiztion and reporting requirements to imporve goverment-wide financial management.
Definition
Chief Financial Officers Act of 1990
Term
Requires: 1. Strategic Planning, 2. Performance Planning and Goal Setting, 3. Performance Reporting
Definition
Government Performance and Results Act (GPRA)
Term
Divides Spending into two types: Mandatory (Direct Spending) and Discretionary
Definition
Budget Enforcement Act of 1990
Term
Give the President Authority to activate the reserve forces w/o the consent of Congress and order to active duty for not more than 365 days.
Definition
10 USC 12304
Term
Limits the President to activate no more than 200k Select Reserve and Individual Ready Reserve and not more 30k Individual Ready Reserve.
Definition
10 USC 12304
Term
Gives the SECDEF permanent authority to establish programs under which employees may be eligable for VERA or VSIP.
Definition
5 USC 9902(i)
PL 108-136
Term
Requires buyout payments (the lessor of $25,000, or the employees severance pay) be paid from amounts available for the employee's pay.
Definition
5 USC 9902(i)
Term
VSIP has to be repaid if the employee rejoins within 5 years.
Definition
5 USC 9902(i)
Term
Commercial Activities
Definition
OMB Circular A-76
Term
Executive Branch employees are prohibited from participating personally and substantially in a particular matter that will affect certain financial interests.
Definition
18 USC 208(a)
Term
Compensation for lecture or speech writing may be restricted.
Definition
5 USC App. 501 and 5 CFR 2636
Term
PUBLIC FINANCIAL DISCLOSURE
a public report disclosing financial interests as well as the interests of spouses and minor children.
Definition
SF 278
Term
Confidential financial disclosure reports for less senior exec branch employees (like contracting, procurement, administration of grants and licenses etc.)
Definition
OGE Form 450
Term
Repealed the provisions of the Performance Rating Act of 1950
Definition
Civil Service Reform Act of 1978 (CSRA)
Term
established an objective, job-related apraisal system that allows multiple levels of ratings.
Definition
Civil Service Reform Act of 1978 (CSRA)
Term
Unacceptable Performance, a formal opportunity to improve is required.
Definition
5 CFR, Part 432
Term
Adverse action, an opportunity to improve is not required.
Definition
5, CFR, Part 752
Term
authorizeds the use of both government and non-government training sources to meet identified training needs.
Definition
Government Employees Training Act (GETA)
Term
Places responsibility for humnan resource development (HRD) specifically with the head of each agency.
Definition
Government Employee Training Act (GETA)
Term
Prohibits discrimination based on: race, color, national origin, sex, or religion
Definition
1964 Civil Rights Act
Term
Prohibits discrimination based on sex.
Definition
1964 Equal Pay Act
Term
Prohibits Discrimination based on age
Definition
1967 Age Discrimination in Employment Act (as amended in 1974)
Term
Brought the federal government in line with the provisions of the 1964 Civil Righs Act. Requires Affirmative Action Plans.
Definition
1972 Equal Employment Opportunity Act
Term
Added "handicap" as a prohibited form of discrimination. Requires reasonable accomodation.
Definition
1973 Vocational Rehabilitation Act
Term
Extends prohibition of discrimination to maritial status and political affiliation.
Definition
1978 Civil Service Reform Act
Term
Provides for compensatory and punitive damanges and reimbursements.
Definition
1991 Civil Rights Act
Term
Provides protection for ppl with qualified disabilities
Definition
1990 Americans with Disabilities Act
Term
Changed the statute of limitation rules for discriminatory compensation causes.
Definition
2009 Lilly Ledbetter Fair Pay Act
Term
A complainant must contact an EEO counselor within 45 days of the event causing the complaint.
Definition
Lilly Ledbetter Fair Pay ACt
29 CFR 1614.105
Term
Performanced based reduction in grade or removal actions
Definition
Title 5 CFR 432
Term
Defines activities as being commercial or inherently governmental [the act of governing and Monetary Transactions and Disbursements]
Definition
OMB A-76
Term
Empowers federal managers to make sound and justifiable business disicions
Definition
OMB A-76
Term
Balances the interest of the parties to make or buy cost comparison, and provides a level playing field in a public or private sector competition.
Definition
OMB A-76
Term
Encourages competition and choice in the management and performance of commercial activities.
Definition
OMB A-76
Term
It is the policy of the U.S. Gov to:
1) achieve economy and increase productivity, 2) Retain gov functions in-house, 3) Rely on commercial sector
Definition
OMB A-76
Term
The supplement of this sets fourth procedures for determining whether commercial activities should be performed under contract with commercial sources or in-house using gov facilities and personnel.
Definition
OMB A-76
Term
Recommends standards for managerial cost accounting.
Definition
(FASAB)Federal Accounting Standards Advisory Board
Term
This makes Management Studies mandatory to recognize the MEO.
Definition
DoDI 4100.33
Term
Contains DoD procedure for CA (commercial activities).
Definition
DoDI 4100.33
Term
The MEO becomes the basis of the government estimate for the cost comparison with potential
contractors. In this context, "efficient," or "cost-effective" means that the required level of workload (output), as described in the PWS, is accomplished with as little resource consumption input) as possible without degradation in the required quality level of products or services.
Definition
DoDI 4100.33
Term
DoD components have formal programs and training for the performance of management studies.
Definition
DoDI 4100.33
Term
A management study is not required for simplified cost-comparisons; however MEO analysis and certification are required.
Definition
DoDI 4100.33
Term
Because the cost comparison may conclude that a commercial source could perform the activity
at a comparable cost, and therefore, that the work could be done by non-military personnel, all direct personnel costs shall be estimated on the basis of civilian performance.
Definition
DoDI 4100.33
Term
Neither funds nor manpower authorizations shall be removed from the activity's budget in anticipation of the outcome of a cost comparison study.
Definition
DoDI 4100.33
Term
DoD component shall notify Congress of the intention to do a cost comparison of 46 or more DoD civilian personnel.
Definition
DoDI 4100.33
Term
DoD component shall notify Congress of the intention to do a cost comparison of 46 or more DoD civilian personnel.
Definition
DoDI 4100.33
Term
DoD component shall notify USD(P&R) 5 days before notifying Congress of a cost comparision of 46 or more DoD civilians.
Definition
DoDI 4100.33
Term
DoD components should notify DoD civilian employees who will be affected by the cost comparison.
Definition
DoDI 4100.33
Term
The DoD implements the ethics provisions of the US Code and the US Code for Federal Regulations 5 CFR 2635 through this Joint Ethics Regulation.
Definition
DoD 5500.7-R
Term
Employees must not use public office for private gain.
Definition
5 CFR Section 2635.101
Term
Employees should act impartially and not give preferential treatment to private organizations or individuals
Definition
5 CFR Section 2635.101
Term
The Green Book
Definition
GAO Standards for Internal Control
Term
Manager's Responsibility for internal control
Definition
OMB Circular A-123
Term
"...internal controls should be an integral part of the entire cycle of planning, budgeting, management, accounting and auditing. They should support the integrity of every step of the process and provide continual feedback to management."
Definition
OMB Circular A-123
Term
Establishes the legal frame work for internal control in the federal government.
Definition
Federal Managers' Financial Integrity Act of 1982 (FMFIA)
Term
The law requires ongoing evaluations and reports on the adequacy of the systems of internal accounting and administrative control of each executive agency.
Definition
Federal Managers' Financial Integrity Act of 1982 (FMFIA)
Term
Implements the FMFIA in the executive branch.
Definition
OMB A-123
Term
Provides guidance to federal managers on improving the accountability and effectiveness of Federal programs by establishing, assessing, correcting, and reporting on internal control.
Definition
OMB A-123
Term
Requires the GAO to establish Standards for Internal Control in the Federal Government. (The Green Book)
Definition
Federal Managers' Financial Integrity Act of 1982 (FMFIA)
Term
Provides the overal framework for establishing and maintaining internal control and for identifying and addressing major performance and management challenges and areas at greatest for fraud, mismanagement, waste, or abuse.
Definition
Term
The DoD establishes this to implement the FMFIA within the Dept of Defense.
Definition
Managers' Internal Control Program
Term
This provides guidance to DoD managers to apply in reviewing, assessing, and reporting on the effectiveness of internal controls within their respective organizations.
Definition
DoDI 5010.40
Term
This amended the Accounting and Auditing Act of 1950 to require ongoing evaluations of the system of internal accounting and administrative control of each executive agency.
Definition
Federal Managers' Financial Integrity Act of 1982
Term
Reasonable assurance that obligations and costs are in compliance with applicable law.
Definition
FMFIA of 1982
Term
funds, property and other assets are safeguarded against waste, loss, unauthorized use or misappropriation.
Definition
FMFIA of 1982
Term
Revenues and expenditure applicable to agency operations are properly recorded and accounted for to permit the preparation of accounts and reliable financial and statistical reports and to maintain accountability over assets.
Definition
FMFIA 1982
Term
Requires that annually the head of each executive agency submit to the President and Congress a statement on whether there is reasonable assurance that the agencies controls are achieving there intended objectives.
Definition
FMFIA 1982
Section 2
Term
Requires that annually the head of each executive agency submit to the President and Congress a report of material weaknesses in internal control.
Definition
FMFIA of 1982
Section 2
Term
emphasizes that internal control guarantees neither the success of agency programs, nor the absence of wast, fraud and mismanagement, but is a means of manageing the risk associated with federal programs and operations.
Definition
OMB Circular A-123
Term
1) control environment, 2) Risk Assessment, 3)Control Activities, 4)Information and Communication, 5) Monitoring
Definition
GAO Standards for Internal Control (The Green Book)
Term
- Establish Internal Control Program
- Segment into Assessable Units
- Evaluate Effectiveness
- Correct Material Weaknesses
- Report on Internal Control Program
Definition
DoDI 5010.40
Term
Manager's Internal Control Procedures
Definition
DoD Instruction 5010.40
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