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RME 1 30 Flashcards

1
Q

The Genesis of the US Federal legislative process can be traced to the following key events:

A
  1. Declaration of Independence adopted (July 4, 1776)
  2. Article of Confederation ratified (March 1, 1781)
  3. Constitution ratified/consented by 9 states (June 1788)
  4. Constitution took effect (March 4, 1789
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2
Q

Constitution:

What are 3 Fundamental Laws of the US Federal Government define by Constitution?

A
  • Setting forth the 3 principal branches of Federal Government;
  • Outlining their jurisdictions; and
  • Propounding (set forth) the basic rights of US citizens
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3
Q

What is Article I Legislative Branch?

A

• Law-making powers to Congress

1) Raise Taxes
2) Borrow Money
3) Regulate Commerce
4) Conscript Forces (to draft for military or naval service)
5) Declare War
6) Raise and Support Armies

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4
Q

What is Article I, section 1?

A

“All legislative Powers herein granted shall be VESTED in a Congress of the US, which shall consist of a Senate and House of Representatives.”

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5
Q

What is Article I, section 2?

A

“The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.”

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6
Q

What is Article I, section 9?

A

No money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law;
and a regular Statement and Account of
Receipts and Expenditures of all public Money shall be published from time to time.”

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7
Q

Which Article, section is “All legislative Powers” granted to the Federal Government by the Constitution?

A

Article 1 Section 1

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8
Q

What is the new Congress convenes since 1789?

A

A new Congress convenes for 2 YEARS following the November general elections; it consists of 2 SESSIONS, each 1 year duration

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9
Q

What is a bill?

A

is a legislative proposal of a general nature.
-may propose either a public or private matter, but both are numbered in the same sequence
-

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10
Q

What is Joint Resolution?

A

may originate either in the House of Representatives OR in the Senate
• No difference between Bill

-upon approval, Congress sends the proposed amendment directly to the Administrator of General Services

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11
Q

What other ways can the President RECOMMEND a specific bill?

A
  • President usually presents or submits his annual message on the State of the Union shortly after the beginning of a session
  • Recommendations proposed in the annual budget and the State of the Union
  • Executive Branch Department submitting a proposed Bill-with the approval of OMB on behalf of the President - to a Congressional committee or subcommittee
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12
Q

How are legislation originated
OR
In what ways is a Legislation originated?

A
  • Recommended by the President
  • Introduced by Member
  • Introduced by Committees
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13
Q

What are Concurrent Resolutions?

A

(are not law agreement)
(Legislative measure: are typically adopted to regulate the internal affairs of the legislature that adopted them or for other purposes if authority of law is not necessary such as awards or recognition)
-matters affecting the operations of both the HofR and Senate are usually initiated by means of concurrent resolutions

o Budget Committees: Hold hearings in preparation for drafting the concurrent resolution of the budget.

[The resolution sets spending revenue and other budget targets for the upcoming fiscal year.]

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14
Q

How does Appropriations Bill become a law?

A
  1. Bill introduced in the House
  2. Referred to Appropriations Committees
  3. Committee hearing
  4. Committee adopts Bill
  5. House hearings (optional)
  6. House adopt Bill
  7. Similar process takes place in Senate
    * 8. Conference Committee RESOLVES differences between House and Senate versions of Bill*
  8. House and Senate pass Bill in identical form
  9. President signs Bill into law
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15
Q

What are the processes in a Consideration by Committee?

A

Usually, the first step in this process is a public hearing, where the committee members hear witness representing various viewpoints on the measure.

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16
Q

How often are House of Representatives chosen?

A

Every second year, by people of several states

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17
Q

What is Article I, section 7?

A

“All Bills for raising revenue shall originate in the House of Representatives, but the Senate may propose or concur with Amendments as on other Bills”

….

1.1.8

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18
Q

What is Article I, section 8?

A

*To borrow money on the credit of the US
*To constitute Tribunals inferior to the supreme Court
Congress shall have AUTHORITY
*TO MAKE ALL LAWS, which shall be necessary and proper for carrying into Execution the foregoing Powers and

Congress shall have

1) Authority to lay and collect taxes, Duties, Imposts and Excises
2) Authority to pay debts
3) Authority to provide for common Defense and General Welfare of the US

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19
Q

What is the essential principle of the Constitution?

A

• is that Government must be confined to the rules of law.

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20
Q

What is essential aspect of the Constitution? Or what does the Constitution represent?

A

represents a set of general principles out of which implementing statutes and code have emerged.

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21
Q

The President, under Article 1, Section 7, Clause 2, of the Constitution, has 10 days (Sundays excepted) after the bill has been presented to him in which to act upon it. The following actions can occur:

A
  • Approval and Signature
  • Does Not Sign but Allows the Bill to Become Law
  • Pocket Veto: If Congress is adjourned and the President fails to sign a bill during the 10-day period, that bill does NOT come a law.
  • Veto
  • Line Item Veto made unconstitutional 1898
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22
Q

What are the 3 distinct phases of the Federal Budget Cycle (President’s budget)?

A
  1. Budget formulation (is the phase in which organizations draft their budgets and each agency consolidates and prepares the budget for the President and Congress)
  2. Congressional action; and
  3. Budget execution
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23
Q

What is the 1974 Congressional Budget Act?
aka
When is the budget due from the President back to Congress?

A

Requires that the President submit to Congress the proposed budget for the next fiscal year (FY) by the first Monday in February.

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24
Q

What are the 6 major steps in the budget formulation phase?

A
  1. OMB issues guidance (—–> to agency);
  2. Organization develops draft;
  3. Agency submits budget estimates to OMB;
  4. OMB holds hearings on Agency budgets;
  5. President makes final decisions on Agency budgets; and
  6. President transmits the budget to Congress
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25
Q

During February, OMB will issue guidance, provided allowance letters. What is the guidance used for?

A

to establish overall agency budget levels and to establish initial priorities among programs.

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26
Q

What is “fall review”?

By who?

A

Internal Review which normally occurs during the September - December period:
*OSD/OMB Budget Review
OSD (Office of Secretary of Defense), along with senior OMB budget examiners,
conducts an internal review of the budget submissions from the Services and Defense Agencies
at the same time,
that OMB Budget examiners are reviewing the budget submissions from the other Executive Department agencies.

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27
Q

What is “passback”?

And what can a passback do?

A

Based upon the review, OMB may change funding, making adjustments to the Agency budgets.

  • Results of the OMB review of the agency provided via letter
  • Passback can change funding or add funding
  • Can be applied by agency head to the President
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28
Q

For Federal Budget Process Congressional Action Phase, the US CONGRESS?

A
  • Conducts budget hearings
  • Passes concurrent BUDGET resolution which sets a ceiling for each of the appropriation bills
  • Processes authorizing legislation, which AUTHORIZES or allows programs to exit
  • Passes APPROPRIATIONS, which provide funding for programs

1.1.24

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29
Q

For Federal Budget Process Congressional Action Phase, the DoD and OTHER AGENCIES?

A

• Testify at congressional budget hearings

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30
Q

For Federal Budget Process Congressional Action Phase, the PRESIDENT?

A

• Signs appropriations bills into law (an appropriation provides budget authority)

Budget Authority - the legal authority to incur obligations and make payments (liquidate) out of the Treasury for specified purposes.

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31
Q

What is an Appropriation Warrant?

A

is a financial CONTROL DOCUMENT issued pursuant to law by Treasury Dept.
• Establishes amount of monies authorized to be withdrawn
• Basis for recording appropriations on the books of Treasury Dept and DoD
• Under (CR), temporary warrants are prepared by Agency

1.1.41

32
Q

WHEN is the ISSUANCE of an Appropriation Warrant?

A

is the first legal action taken after the President signs the appropriations bill into law and is usually an automatic action taken by the Treasury Department based on that law

33
Q

What is the largest Federal Government tax revenue?

A

Individual income taxes, 47% in FY13

Followed by the Social Security/Medicare, 33% in FY13

34
Q

After the Appropriation is signed into law, DoD requests what from OMB

A

APPORTIONMENT, SF 132 within 10 days of enactment.

REF 1.1.42

“Annually, agencies submit initial apportionment requests to OMB via SF-132 within 10 days after the approval of the act providing new budget authority.

35
Q

What is the Article II Executive Branch?

A
  • Commander-in-chief

* Execute LAWS

36
Q

What term is used to describe a subdivision of an apportionment?

A

Allotment

“Agencies distribute funds within the agency by allotment and sub-allotment.”

37
Q

What occurs when Congress is not in session and the President fails to sign a bill during the 10-day period?

A

Pocket Veto

38
Q

An administrative reservation of funds is known as what?

A

Commitment

39
Q

Approximately what percent of total Federal spending is total Discretionary spending?

A

34%

Defense 18% + Rest of Federal Gov 16%

40
Q

What is the predecessor to the constitution?

A

Article of Confederation

41
Q

What type of legislation (LEGAL AUTHORITY) provides an agency with budget authority?

A

Appropriation Act (3rd step in the enactment process).

“Appropriation Act provides agencies with Budget Authority.”

42
Q

In which article of the Constitution is the power to raise taxes found?

A

Article I

43
Q

How frequently does Congress review DoD the budget request?

A

Annually

44
Q

Who attempts to RESOLVE differences between House and Senate versions of Bill?

A

Conference Committee aka Third Chamber

#8 of how does Appropriation Bill become a law

45
Q

What agency issues Apportionment?

A

Budget Authority is distributed to agencies by OMB as part of the apportionment process.

46
Q

What did the Articles of Confederation provide/accomplish?

A
  • Were explicit in guarding the Independence of the states;

* Didn’t provide for a Federal chief executive or judicial system

47
Q

What’s the principle/purpose of separation of power among the executive, legislative, and judicial branches?

A

Separation of power prevents Congress and the President from unilaterally making laws and treaties. Checks and balance between the authorities.

48
Q

What article states that Congress shall have the authority “To make all laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all Powers vested by this Constitution in the Government of the US, or in any Dept of Officer thereof.”?

A

Article I, Section 8

49
Q

What is the Preamble of the Constitution?

A

We the People of the US, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the USA.

50
Q

Article III gives the Judicial Branch which Powers to the Courts?

A
  • Supreme Court,
  • Inferior Courts established by Congress,
  • Interpret laws
51
Q

What does Article III Judicial Branch Section I state?

A

Supreme court has final ruling authority.

“The judicial Power of the US, shall be vested in 1 Supreme Court,…

52
Q

Legislative Process - Bills are generated where?

Joint Resolutions are generated where?

A

Legislative proposals originating in House OR Senate

53
Q

Legislative Process - Resolution consists of what?

A
  • Joint
  • Concurrent
  • Simple
54
Q

Legislative Process - Origins of Legislation (LEGAL AUTHORITY) begin with what processes?

A
  • Recommendations of President
  • Introduction by Member
  • Introduced by Committees
55
Q

What is the Concurrent Resolution PROCESS?

A

On approval by both the House of Representatives and Senate, they are signed by the Clerk of the House and the Secretary of the Senate. They are NOT presented to the President for action.

56
Q

True or False

A simple resolution is presented to the President for action.

A

FALSE

Simple Resolution: are typically adopted to regulate the internal affairs of the legislature that adopted them or for other purposes if authority of law is not necessary such as awards or recognition.

57
Q

What is a Public Hearing?

A

Where the committee members hear witnesses representing various views points on the measure.

58
Q

What is a hopper?

A

Any Member of the Congress may introduces a bill at any time while their Chamber is in session by simply placing it in the ___________, provided for the purpose.

Sponsor’s signature is placed on bill.

59
Q

What is Borrowing Authority?

A

is authority that permits agencies to incur obligations and make payments to liquidate the obligations out of money borrowed from the Treasury.

60
Q

What is Budget Deficit?

A

The budget deficit is the amount by which the Government’s budget outlays exceed its budget receipts for any given period.

Deficits are financed primarily by borrowing from the public.

61
Q

What is a Markup?

A

:is the process by which a US Congressional Committee or State legislative session debates, amends, and rewrites proposed legislation.

After hearings are completed, the bill is considered in session.

62
Q

What are Markup Sessions?

A

The subcommittee on Defense holds hearings, drafts a bill, and forwards the proposed bill to the full Appropriations Committee

63
Q

What is an engrossed bill?

A

After a bill has passed one body (House or Senate)

*note remember engrossed before enrolled when bill goes to Congress (alphabetically)

64
Q

The Budget Formulation phase is governed by cicular?

A

OMB Circular A-11 [which is laid out in OMB Circular A-11]

*(Circular goes to all heads of agencies) as early as 21 months prior to the FY in which the budget will be executed.

65
Q

What are the RESULTS from the Congressional Budget and Impoundment Control Act of 1974?

(vice what is the definition)

A
  • Congress focuses on overall budget totals and relates individual appropriation actions to one another within a general set of spend priorities.
  • A new budget committee was established in each house and a new, professionally staffed Congressional Budget Office (CBO) was also established.
  • The fiscal year shifted from July 1 thru June 30 to Oct 1 thru Sept 30. This action was designed to give Congress additional time to complete action on the Federal Budget.

1.1.24

66
Q

What are the 3 processes that occur in the Congress associated with Congressional Action Phase (Federal Budget Process)?

A
  1. The Budget Resolution Process
  2. The Authorization Process
  3. The Appropriation Process
67
Q

What is “scorekeeping”? (need to know)

A

is the process of ESTIMATING the budgetary effects of PENDING LEGISLATION and comparing them to a baseline such as a budget resolution or to any limits that may be set in law.

Scorekeeping tracks data such as budget authority, receipts, outlays, the surplus or deficit and the public debt limit.

68
Q

Who manages the Appropriations Process for the entire Federal Government?

A

House Appropriation Committee (HAC) and the Senate Appropriation Committee (SAC)

69
Q

What does the Appropriation Act cover?

A

It’s the 3rd step in the enactment process. Appropriation bills are prepared for adoption each year to provide the budget authority to operate the entire Government.

70
Q

How many subcommittees are in the HAC and SAC and how many annual appropriations bills are they responsible for?

A

12 and 12

71
Q

What are Budget Amendments? Who amends the Budget?

A

are estimates transmitted to Congress that amend (revise) budget estimates transmitted previously
and
on which Congress has not completed action.

72
Q

What are Supplemental Requests?

A

are normally transmitted to Congress as requests to provide funds in addition to amounts already appropriated (in execution) for the ongoing fiscal year.

73
Q

What is 31 USC 1514?

A

Under Agency Management of Funds:
requires the official having administrative control of an appropriation to prescribe by regulation a system of administrative control not inconsistent with accounting procedures prescribed under law.

(Per JE: administrate control within agency)

74
Q

What is a Continuing Resolution?

A

Temporary Appropriations acts:

  1. Availability of funds can be extended by Congress
  2. Extensions may run beyond session of Congress
  3. Portions can continue for entire fiscal year
  4. Dissolve when regular appropriation is enacted
75
Q

What is enrolled bill?

A

Final Step of How to a bill becomes a law:

After a measure has been passed in identical form by both the House and Senate, it’s considered _________ bill.

GRME (5 decks)

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