Essay ON Government of Accountability

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FederalFinancialManagementclass2v3.pptx

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.

http://www.natlawreview.com/article/defense-contractors-to-face-new-cost-accounting-oversight-creation-defense-cost

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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