This key area deals with the financial manager’s knowledge of the law regarding availability of appropriations as to purpose, time and amount, applicable Comptroller General decisions, special purpose laws (Credit Reform, Foreign Assistance, Arms Export Control Acts), penalties and sanctions applicable under law, Anti-Deficiency Act (as applied to appropriations limitation), allotment or project executions, authorization and appropriation acts including their inter-relationship and respective roles, reporting and notification requirements.. |
As a Federal employee, you have taken an oath of office: to uphold the Constitution and laws of the United States. As a financial manager, you are responsible for complying with all laws of Federal appropriations. To accomplish this goal, you must understand the basic legal framework of federal appropriations to ensure each obligation and expenditure of public funds satisfies all requirements of the law. Upon completion of your fiscal law training, you will understand the keys to your success as a financial manager are understanding issues of purpose, time, and amount. These keys will guide you in resolving the myriad financial management issues that are your responsibility. |
Among these issues you may be responsible for are: the bona fide needs rule, operating/capital leases, expense/investment criteria, continuing resolution authority, liability of accountable officials, transfers and reprogramming, funding gaps, payments and collections, revolving funds, etc. These keys will also assist you in avoiding every fiscal misadventure leading to violations of the Anti-Deficiency Act that will adversely affect your career. You will learn that provisions of the Anti-Deficiency Act are the teeth Congress provides for ensuring that you and your agency comply with the laws of Federal appropriations. You will learn that provisions of this Act contain administrative and criminal sanctions intended to remind us of our oath of office and the high demands expected of those who labor in the financial management vineyards. |
One of the best and most current web sites, which provides an excellent fiscal law course, is maintained by the Army Office of General Counsel, Ethics and Fiscal Law section. It covers all items listed above in detail and you can access it at ogc.hqda.pentagon.mil/Practice_Groups/Ethics_Fiscal.aspx. Additionally, there is a “must read” volume of the DoD FMR, Volume 14, entitled “Administrative Control of Funds and Anti-Deficiency Act Violations” (March 1998), go to www.comptroller.defense.gov/Portals/45/documents/fmr/Volume_14.pdf. It contains all of the information on violations, examples, and requirements for investigations and reporting. It also includes extracts from the US Code and OMB Circular A-11. |
The United States Army Judge Advocate General School, Contract and Fiscal Law Division, located in Charlottesville, Virginia, offers a one week fiscal law course three times a year — in addition to a distance learning fiscal law course broadcast via satellite from Maxwell AFB. These courses give instruction on the legal, practical, and administrative problems involved in funding government contracts. They also have a short course in procurement fraud. Go to www.jagcnet.army.mil for more info. |
Finally, there is an “Internet Law Library” that allows you to look up any legal citation in the US Code and to read the original text. This is located at uscode.house.gov. |
Test Study Preparation References US Code references can be found at uscode.house.gov FMR references can be found at https://comptroller.defense.gov/fmr.aspx |
Title | Subject/Notes |
41 USC 11 | Contracting Under Feed and Forage Act |
31 USC 1301 | Budget Process, Appropriations, General |
31 USC 1304 | Judgment Fund Use |
31 USC 1341, 1342 | Anti-Deficiency Act, Voluntary Service Limitation |
31 USC 1551 et seq | Closing Accounts |
31 USC 1553 | Availability of Appropriations |
31 USC 1502 | Balances Available |
31 USC 1301 | Necessary Expense |
31 USC 1349 | Anti-Deficiency Punishments |
31 USC 1501 | Statute of Frauds |
31 USC 1511 | Appropriation Accounting |
31 USC 1514 | Apportionment |
31 USC 1517 | ADA Violation for Over-Obligation |
31 USC 1531 | Restrictions Remain on Transferred Funds |
31 USC 1535, 1536 | The Economy Act |
31 USC 1552 | Expiring Appropriations |
31 USC 1553 | Closing Accounts |
31 USC 3302, 1301 | Augmentation of Appropriations |
31 USC 3325 | Disbursing Officials Liability |
31 USC 3328 | Check Entitlement |
31 USC 3527 | Relief for Loss of Funds |
31 USC 3702 | Assignment Claims Act |
31 USC 3717 | Debt Collection Act of 1982 |
31 USC 3727 | Assignment Claims Act |
31 USC 3729 | False Claims Act |
31 USC 3902 | Prompt Payment |
31 USC 3702 | Assignment Claims Act |
10 USC 114 | Auth for Spending in Addition to Appropriations Act |
10 USC 127 | Emergency & Extraordinary Expenses |
10 USC 2307 | Payments |
10 USC 2410a | Miscellaneous Procurement |
10 USC 401 | Humanitarian and Civic Assistance |
10 USC 2805 | Construction Limits |
10 USC 2701 | Environmental Restoration |
10 USC 2703 | Environmental Restoration |
10 USC 2803 | Emergency Construction |
10 USC 1341 | Anti-Deficiency |
10 USC 2208 | Working Capital Funds |
10 USC 2410 | Contract Payment |
10 USC 2801 | Minor Construction Cost Limits |
10 USC 2667 | Real Property, Leases |
10 USC 2805 | Minor Construction Cost Reporting Requirements |
10 USC 2811 | Major Repair Cost Limits |
5 USC 4501-4507 | Government Employees Incentive awards Act |
4 USC 23 | Project Orders |
2 USC 681 | Impoundment Control Act |
OMB Cir A-11 | Preparation, Submission and Execution of the Budget |
GAO RedBook | Principles of Appropriation Law |
FMR Vol 5 | Disbursing Policy & Procedures |
FMR Vol 7a | Military Pay Policy & Procedures |