Essay ON Government of Accountability
Federal Financial Management
Agenda
Appropriations
Budget Processes
Regulations
Budgetary / Proprietary Transactions
Upcoming Assignments – very important
Appropriations Rules
At a minimum, all appropriations and budget authorities have three specific compliance considerations:
Timing—The commitment and, on occasion, the rate of expenditure of appropriated funds must be made only during the time period permitted by Congress in legislation.
Purpose—Appropriated funds may be obligated and expended only for those purposes intended or expressed by Congress in an agency's authorization or appropriation legislation.
Amount—The total amount of obligations and expenditures may not exceed the appropriation or amount of budgetary authority legislated by Congress.
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Appropriations Rules
Examples
Timing— In FY 2020, an agency gets a single-year appropriation (ends on Sep 30, 2020); the agency cannot make new obligations on Oct 1, 2020 – after the fiscal year time frame
Purpose—Agency XYZ gest $1 billion for boats; cannot use $100,000 for buying office supplies not needed and not used on boast
Note entities will cite appropriations law: https://federalnewsnetwork.com/agency-oversight/2019/08/usda-ig-at-odds-over-budget-authorities-needed-for-kansas-city-relocation/
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Appropriations - Budgetary Accounting
Congress authorizes appropriations
OMB apportions funds – often by time period (e.g., quarterly)
Agencies will allot, commit, obligate and disburse funds (in that specific order)
Agencies cannot spend other appropriations
Shutdown in December 2018 demonstrated that agencies cannot spend above appropriations
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Budget Formulation actually begins 15-18 months before the fiscal year for the budget
Several types of Budget Authority
Contract authority. Provides agency with the legal permission to execute contracts / other obligations before Congress passes an appropriation. In these instances, the congressional appropriation provides the cash to pay for these obligations after the liability is incurred. Has special GLs.
Borrowing authority. Requires the specific approval of Congress. When permitted, agencies authorized to first incur obligations by borrowing and then later make payments for these authorized purposes out of the borrowed monies. Congress will also provide the authority to repay the borrowed funds and related interest. Few federal organizations have such authority.
Note – the type of authority is shown on some reports (e.g., SF-132, Apportionment and Reapportionment Schedule).
Budget notes
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Part I: Budget Formulation
Budget Formulation requires significant amount of research, including demographic and economic data
Several types of Budget Authority
Cannot have partial funding – must provide the full funding
Part II: Congressional Action (hopefully*) - does not always occur
Includes “ hearings attended by citizens, state and local governments, companies, nonprofit organizations, and even foreign governments and the general public to support or oppose particular programs or levels of requested financing”
Congress provides appropriations bills to the President
Budget notes
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July – before Fiscal Year begins – OMB issues A-11 that provides guidance
October 1 – fiscal year begins and agencies can start committing / obligating/ spending funds
November – December OMB compiles proposed budget priorities and policies, and provides "passbacks" of information and administration positions to each department and agency on their budget requests concerning the next fiscal year
OMB apportionments are for time period or for certain activity
Category A: By time period, such as quarters of the fiscal year
Category B: By specific activity or project
Part III: Budget Execution
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An allotment is a formal delegation of authority by a federal entity (itself, as OMB / Treasury does not need to approve) to other entity with the federal agency; many agencies will require allotments (often level is fund / bureau /allotment
Authority to spend from offsetting collections– often from reimbursable agreements or other earned revenue – Department of State charging for visas or passports
Obligation is binding agreement with specific vendor for specific goods/services at price
Should make obligation for bona fide Note – SF-133 will provide information about these items
Obligation requires budgetary updates (e. g., 480100)
Several required
Budget Execution
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Part III: Budget Execution
Example –funds for single year funds (Budget Fiscal Year 2018) would be expired on October 1, 2018 – no more obligations allowed
| Congress | Treasury | OMB | Agencies | |
| * | 1. Appropriation of $ | |||
| 2. Allocation of the $ | ||||
| 3. Other budget authority | ||||
| 4. Appropriation warrants | ||||
| 5. Apportionments | ||||
| 6. Allotments | ||||
| 7. Allowances | ||||
| 8. Commitments | ||||
| 9. Obligations | ||||
| 10. Accrued expenditures | ||||
| 11. Costs | ||||
| 12. Accruals | ||||
| 13. Disbursements | ||||
| 14. Expired accounts |
Responsible Parties
Note: some agencies, such as the US State department, can make disbursements from cash accounts
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Offices of Inspector General will conduct audits and evaluations.
GAO and the OMB will regularly make reviews, evaluations, and studies of the manner in which executive branch organizations are complying with the intent of Congress.
Federal entities have a tremendous amount of oversight and audits
One entity has seven different groups performing reviews– external auditors, internal auditors, A-123 auditors, General Accountability Office, Office of Inspector General and more
Entities can often have additional reviews – examples are reviews of travel expenses that OCFO performs
Budget / Oversight (Part IV of Budget)
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Budget notes
| On or before | The following activities must take place |
| November 10 | The President must submit a current services budget. |
| January—15 days after Congress meets | The President must submit a proposed budget for the next fiscal year, which begins October 1. |
| March 15 | Committees and joint committees must submit reports to the Committees on the Budget. |
| April 1 | The Congressional Budget Office (CBO) must submit report to Committees on the Budget. |
| April 15 | These budget committees must report on the first concurrent resolution on the budgets of their Houses. |
| May 15 | All committees report bills and resolutions authorizing new budget authority. |
| May 15 | Congress must complete action on the first concurrent resolution of the budget. |
| 7th day after that | Congress must complete action on bills and resolutions providing new budget labor authority and new spending authority. |
| September 15 | Congress must complete action on the second required concurrent resolution of the budget. |
| September 25 | Congress must complete action on a reconciliation bill or resolution, or both, implementing the second concurrent resolution. |
| October 1 | New fiscal year begins. |
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Budget Challenges
At a minimum, all appropriations and budget authorities have three specific compliance considerations:
“Congress has difficulty limiting hearings, reconciling differences, ceasing debates, and passing the appropriation laws needed to run the government by October 1. In some years, difficulty is encountered in passing even the face-saving continuing resolutions”
Without a budget at end of year, Congress will often pass Continuing Resolution
Lack of Budget can lead to a shutdown
Example was in 1996
In 2013, government also had a shutdown for several weeks
In 2017, government had several brief shutdowns
In December 2018 – January 2019, the US federal government had a partial shutdown that furloughed hundreds of thousands of employees in many agencies (e.g., US Department of State) – longest shutdown in history
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Often, Congress will not complete action on all budget requests before the beginning of a fiscal year. Congress may enact a continuing resolution (CR), which provides temporary financing authority for a department to continue operations
This has occurred fairly frequently, especially since 2010
Congress passed a CR through Dec 2015 in September 2015
Congress passed several short-term CRs in December 2017, January 2018 and February 2018
Continuing Resolution
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Constraints for the federal entity
Federal entity may not undertake any new initiatives.
The federal entity must maintain its rate of expenditure at the same level as that of the preceding program year.
If one house of Congress has acted on the entity's budget request, then the federal entity may not exceed the expenditure rate of that action or the expenditure rate of the last year's appropriation, whichever is less.
Continuing Resolution
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Establishment of Accounting Standards A Political Process
GAAP
Internal Revenue
Service www.irs.gov
American Institute
of CPAs www.aicpa.org
Securities and
Exchange
Commission www.sec.gov
American
Accounting
Association http://aaahq.org/index.cfm
Governmental
Accounting
Standards Board - state www.gasb.org
Financial Executives
International www.fei.org
Federal Acct
Std Board – Federal
http://www.fasab.gov/
Finance Acct Std Board – For-profit
http://www.fasb.org/
Note = blue are primary sources of GAAP
International Accounting Standards Board
http://www.ifrs.org/
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The Financial Accounting Standards Board must consider the potential economic consequences of accounting standards. Many times, financial accounting standards are a compromise between the Board’s position and the wishes of various special interest groups. Especially controversial in recent years has been the efforts to develop accounting standards for employee postretirement benefits, employee stock options, and business combinations.
On occasion, the financial Accounting Standards board has bowed to public pressure, and conceptual merit in the standards setting process has suffered..
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Track status of funds – such as funds appropriated committed obligated; status of funds is credited, source is debited
Done at same time as Proprietary (if applicable)
Debit 411900 Other Appropriations Realized
Credit 445000 Unapportioned Authority (note six characters in SGL code)
Proprietary
Shows revenue/expense, assets/liabilities/net position
Debit 101000 Fund Balance With Treasury
Credit 310100 Unexpended Appropriations - Appropriations Received
*source: Department of Treasury Financial Manual at https://tfm.fiscal.treasury.gov/v1/supplements/ussgl/ussgl_part_2/sec3/sec3_transactions_2019.pdf
Budgetary / Proprietary Transactions
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As in private sector, assets = debits, liabilities – credit , net position = credit; revenue = credit, expense = debit
“ No agency may collect receipts or earn revenues unless specific authorization is provided by Congress. Additionally, an agency may have the authority to collect receipts, but such receipts may be unavailable for expenditure by that collecting agency”
For example, an agency could be authorized to receive up to $2 million to do research for other entities about TV/radio/internet habits of people in a certain country
Proprietary Transactions
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Single year – obligations must occur within a year – e.g., a fund that is Beginning Year of Availability in 2017 must be obligated by September 30, 2017
Multi year – obligations must occur by the last year of the fund – e.g., a fund that is Beginning Year of Availability in 2014, Ending Year of Availability of 2016 must be obligated by September 30, 2016
No-Year - are available for obligation for an indefinite period, though Congress can decide to end
Also note that if a fund is Expired, an agency cannot make any more obligations, but can pay obligations (for five years after expiration)
Example: DHS obligates (awards a contract) to an accounting firm on September 1, 2014 for a fund with BBFY 2014; DHS can pay the vendor in 2016
Appropriation Types
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Appropriations are most common – funds from Congress
Authority to spend from offsetting collections– often from reimbursable agreements or other earned revenue – Department of State charging for visas or passports
Contract authority—Statutory authority under which contracts or other obligations may be entered into prior to an appropriation for payment of such obligations – not very common
Public debt authority—Derived from the sale of public debt securities of the federal government – not every agency has this item
Note – SF-133 will provide information about these items
Budget Authority
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Also note that if a fund is Expired, an agency cannot make any more obligations, but can pay obligations (for five years after expiration)
Example: DHS obligates (awards a contract) to an accounting firm on September 1, 2014 for a fund with BBFY 2014; DHS can pay the vendor in 2016
Cancelled funds
Five years after end of year, cannot have new spending and would need to pay with current year funds
Appropriation Types
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Proprietary Transactions
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U.S.C. = United States Code – highest level of rules
The Anti-Deficiency Act prohibits federal employees from making or authorizing an expenditure from, or creating or authorizing an obligation under, any appropriation or fund in excess of the amount available in the appropriation or fund unless authorized by law. 31 U.S.C. § 1341(a)(1)(A).
Example – rules about credit card usage that modify U.S.C. - https://www.gpo.gov/fdsys/pkg/PLAW-112publ194/pdf/PLAW-112publ194.pdf
Prompt Pay Act
CFR – Code of Federal Regulations
Example of Prompt Payment Act 5 CFR 1315 = prompt payment act that stipulates rules on paying vendors
Federal Travel Regulation (FTR) that govern rules of reimbursing federal employees for travel 41 Code of Federal Regulations (CFR) chapters 300-304
fas
Federal Regulations
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GAO’s Comptroller General decisions shows important decisions for regulations on government spending - http://www.gao.gov/legal/index.html
Certifying officers, disbursing officers, and other accountable employee of the government) may request, and the Comptroller General must provide, an advance opinion on the legality of anticipated or incurred obligations and expenditure
Civilian Board of Contract Appeals (CBCA) is administrative vehicle that provides employees options to dispute reimbursement items – agencies can use CBCA to determine if agency should reimburse employees for certain expenses.
In the Matter of Len A. Guldenpfennig, CBCA
2803-TRAV, August 22, 2012. http://www.cbca.gsa.gov/2007travel/STERN_08-22-12_2803-TRAV__LEN_A._GULDENPFENNIG.pdf - case about travel expenses
http://www.cbca.gsa.gov/2007Travel/BORWICK_08-28-12_2852-TRAV__GLENN_N._WILSON.pdf
Federal Regulations, Continued
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How an Agency Budget Is Created (Formulation Stage)
Legislated responsibility
Congressional Directives
Oversight / Audit Recommendation
Presidential / OMB Direction
Prior funding
GPRA / programmatic review results
Strategic Direction
External Organizations
Might get assistance from a consultant in some case
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Organizational Decision Making
Every agency approaches differently
Top down (following strategic plan or directives)
Subunit up (program focused)
May be a hybrid
Oversight findings
Legal directive
Tied to organizational culture
Research how your selected agency manages its decision making
Program decisions are based on agency executive decisions, vetted by the Department /Office of the President (if Executive Branch) or by OMB (trust instrumentality)
Legislative branch vetted by Congressional Oversight Committees
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Creating the Budget
CFO’s office issues budget guidance
Programs write summaries of accomplishments and Agency-approved future needs
CFO’s office collects program summaries and prepares comparative charts showing actual budget utilization (normally from financial statements) compared to budget request
Reviewed by Agency senior management and submitted to OMB
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Parts of a Federal Budget
https://www.epa.gov/sites/production/files/2018-02/documents/fy-2019-epa-bib.pdf
Notice the summary discusses the EPA’s mission
Notice how the focus moves to key components (Air Quality)
Notice how the budget shows drastic decreases to amounts and employee levels
Notice how it discusses each appropriation type and changes
Notice how ongoing programs are described
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How to learn the OMB Budget Process first hand
This will require:
Being a current federal employee in the CFO’s organization
Giving up an entire holiday season except for Christmas Day
Working nights and every weekend from October to February
Your agency selecting you to be their onsite OMB representative
Best for early career federal employees (GS7-12—may vary with agency)
Result: learning the OMB budget formulation process
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Presidential Budget Submission to Congress
Outlined in the State of the Union Address
Sent to Congress first Tuesday in February
Separated by Appropriations Subcommittee
Note that agencies cannot spend (or even obligate) until Congress authorizes the spending
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Section 820 of the National Defense Authorization Act for Fiscal Year 2017 (“NDAA”) established a new Defense Cost Accounting Standards Board (“D-CASB”) to oversee the application of the Cost Accounting Standards (“CAS”) to defense contracts
CASB must do the following:
(1) ensure that the CAS rely on commercial standards and accounting practices and systems;
(2) review the CAS on an ongoing basis and conform such standards, where practicable, to GAAP
(3) annually review CAS disputes brought to the Boards of Contract Appeals and determine ways to avoid disputes
The amendments made by Section 820 shall take effect on October 1, 2018.
Example of a Regulatory Change
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Includes ideas from various groups
Recommend having no more than a quarter of executive politically appointed
Recommend more training
Various other ideas
Source: https://federalnewsnetwork.com/wp-content/uploads/2018/10/SES-Joint-Policy-Agenda-Final.pdf
Senior Executive Services Recommendations
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Upcoming Assignment Information
Week 2 – Due on Sep 1, 2020
Complete Discussion for Week 2
HW1 - very important assignment
Week 3 – Due on Sep 8, 2020
Complete Discussion for Week 3
Quiz 1 – see more on the next slides
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Quiz Information
Closed book, closed notes (including slides), closed internet research
Must finish first time taking exam – once students view, must complete within two hours – must finish in less than 2 hours after initial viewing the exam (do not open until you are ready to complete)
Multiple choice
Obtain and submit the exam in LEO
The HW 1 assignment is helpful in studying for the exam
Covers readings, audio files / slides for Weeks 1-2 – Slides and Audio files are very important
Some topics may include:
FASAB and GAAP
No-year / single-year / multi year appropriations
CFO Act
Branches of the government
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