Fiscal Law
1. • The U.S. Constitution
• Legislative Appropriations and Authorization Acts
• Judicial Court Rulings and Comptroller General decisions: Affirmative Author-ity
governed by what:
2. Depart of Defense Appropriations Act: DoD AA
3. National Defense Authorization Act: NDAA
4. • Must be reasonably necessary
• Doesn't have to be only or best way
• Determinations are fact, agency, and purpose specific; AFI65-601.: NecessaryExpense
Defined
5. - Is there a proper appropriation available for the specific expenditure?
- If no appropriation is available you need to request congress create one: -
Purpose:
6. - Expenditure must be for a statutory purpose or necessary/incident to thegeneral
purpose of the appropriation
- Expenditure must not be prohibited by law
- Expenditure must not be otherwise provided for in another appropriation;AFI65-
601: Purpose 3-Part Test
7. Determine if the appropriation is available
- When the goods/services are needed
- When the obligation was made or adjusted
- When funds are disbursed from Treasury: Time:
8. - An enacted appropriation
- Receipt of funds from HHQ: Agencies may not obligate in advance of:
9. May only obligate to meet a legitimate need arising in the fiscal year(s) forwhich
the appropriation was made: Bona Fide Need Rule
10. 1) Lead-Time Exception
2) Stock-Level Exception: Bona Fide Need Rule: Two exceptions
11. Services are the bona fide need of the fiscal year in which they are per-
formed.: Bona Fide Need Rule Applied to Service Contracts
12. May start in one FY and end in the next FY, if contract period does notexceed
1 year: Severable Contracts
13. Represents a single task or activity: Non-Severable Service Contract
14. Active | Expired | Cancelled: List the three time periods within an appropriation
15. New obligations: Expired funds are not available for what:
16. Obligated or expended: Canceled funds cannot be:
17. Available for existing obligation adjustments or liquidation of prior valid
obligations: Expired funds can be used for what:
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