question
What is the order of governance?
answer
Constitution
Federal Statutes
Federal Regulations
Executive Orders
OMB Policies
Agency & Other Specific Guidance
Federal Statutes
Federal Regulations
Executive Orders
OMB Policies
Agency & Other Specific Guidance
question
Are most appropriation acts permanent or temporary?
answer
Temporary
question
What provides the underlying authority for grants to be awarded?
answer
Federal Statutes
question
What is Authorizing Legislation
answer
establishes and continues operation of a federal program/agency indefinitely OR a specific period
question
What is required to permit the award of grants/cooperative agreements?
answer
Authorizing Legislation
question
Appropriations Law
answer
dictates actual funding authorized assistance programs will receive
question
Appropriations Act
answer
provides legal authority for federal agencies to incur obligations and to make payments out of Dept of Treasury
question
What did the Budget & Account Act (BAA) of 1921 create?
answer
A new process by which the President submits a budget for Congress to review and consider and:
1. Created standing budget committees in House and Senate
2. Established Congressional Budget Office (CBO)
3. All entities charged with evaluating President's budget
1. Created standing budget committees in House and Senate
2. Established Congressional Budget Office (CBO)
3. All entities charged with evaluating President's budget
question
What did the Congressional Budget Impoundment Control Act of 1974 do?
answer
Built on BAA by establishing a systematic process under which Congress considers the total federal budget and determines priorities
question
What are the steps of the federal budget process?
answer
1. Funding agencies formulate budget
2. OMB presents a comprehensive budget to Congress on behalf of President (includes executive, judicial, and legislative branches budget submitted to OMB)
3. House Budget Committee reviews 12 appropriation subcommittees appropriations bill
4. Senate reviews (can approve House Budget Committee version or Conference Committee version)
5. President signs or vetoes
2. OMB presents a comprehensive budget to Congress on behalf of President (includes executive, judicial, and legislative branches budget submitted to OMB)
3. House Budget Committee reviews 12 appropriation subcommittees appropriations bill
4. Senate reviews (can approve House Budget Committee version or Conference Committee version)
5. President signs or vetoes
question
What authority does the House Budget Committee have when reviewing budgets?
answer
Approve, increase, decrease funding levels, eliminate proposals, and add programs
question
Who apportions appropriated funds to awarding agencies?
answer
OMB
question
How are funds made available for obligation?
answer
Appropriation account administered by Dept. of Treasury
question
What departments can publish regulations that impact awarding agencies and recipients?
answer
Executive departments and agencies of federal gov - ex. OMB, Treasury, and General Services Administration (GSA)
question
What are federal regulations?
answer
Rules published in federal register by the National Archives and Records Administration (NARA)
question
Code of Federal Regulations (CFR)
answer
Annual codification of the rules published in the Federal Register
question
Administrative Procedures Act (APA) of 1946
answer
Authority to promulgate federal regulations and how the rules are developed and issued; which includes the requirement of public notice and comment before publication of the final rule in the Federal Register
question
3 categories of regulations
answer
1. Interpretive Rules
2. Legislative Rules
3. Management & procedural rules
2. Legislative Rules
3. Management & procedural rules
question
What type of federal regulation must be done using formal notice and comment rulemaking?
answer
Legislative rules
question
Are some federal regulations exempt from notice and comment requirements?
answer
Yes
question
What type of federal regulation is The Uniform Guidance?
answer
Interpretive
question
Does the Uniform Guidance have the full force of law? Why or why not?
answer
Yes, because it went through the formal public comment process
question
What entities were involved in developing the Uniform Guidance?
answer
OMB, Government Accountability and Transparency Board (GATB), and Council on Financial Assistance Reform (COFAR)
question
Federal Register Act (1935)
answer
Required executive orders to be published in the Federal Register
question
What are circulars?
answer
Instructions from OMB to federal agencies to help them implement laws & regulations
question
Certifications and Representations (aka assurances)
answer
non federal entity's affirmation that it will comply with specific legal requirements as it executes a federally funded program (may be required annually)
question
Can federal, state, and local agency guidance carry same force and effect as laws?
answer
No. They may be enforced but can be waived on an ad hoc or retroactive basis by agency
question
Can states create more restrictive requirements?
answer
Yes, but there are statutory requirements that do not permit a state to be more restrictive
question
What governs contracts awarded directly by federal agencies?
answer
Federal Acquisition Regulations (FAR)
question
Are contractors subject to all of Uniform Guidance?
answer
No, only terms and conditions of their contracts (and other applicable laws)
question
True or false: a federal agency does not have to make interpretive rules available for public comment?
answer
True
question
Who initiates and has Constitutional authority over the final funding decision in the federal budget process?
answer
Congress
question
Is all agency guidance considered good guidance?
answer
Only if it goes through notice and public comment period
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