426 U.S. 317, 321 L - Questions and 100% Correct Answers Guaranteed A...

Fiscal Law Latest Update - Questions and 100% Correct Answers Guaranteed A+

Affirmative Authority - CORRECT ANSWER: "The established rule is that the

expenditure of public funds is proper only when authorized by Congress, not that public funds may be expended unless prohibited by Congress.‐ United States v. MacCollom,

426 U.S. 317, 321 (1976)L

Governed by:

• The U.S. Constitution • Legislative Authorization and Appropriations Acts • Judicial Court Rulings and Comptroller General decisions

Amount - CORRECT ANSWER: • Is enough budget authority ‐ from the proper FY ‐ available?• Does requirement exceed O&M thresholds?• Procurement ‐ $250K • Minor Construction ‐ $1M ($4M)

Anti-Deficiency Act - CORRECT ANSWER: No DoD official shall authorize or

create any obligation or make any expenditure beyond the amount permitted under any statutory limitation that modifies or restricts the availability of funds

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Anti-Deficiency Act - CORRECT ANSWER: Prohibits any government officer or

employee from the following:

Making or authorizing an expenditure or obligation in excess of the amount available in an appropriation Incurring an obligation in advance of an appropriation Making or authorizing expenditures or incurring obligations in excess of formal subdivisions of funds Accepting voluntary services (with some exceptions)

Anti-Deficiency Act Voluntary Services - Exceptions - CORRECT ANSWER: • ONLY for emergencies • Imminent threat to the safety of human life or the protection of property • OR when otherwise authorized by law, e.g.• In support of alternative dispute resolution • Student intern program • Military departments....for medical care, museums, natural resources programs, or family support activities • Feed and Forage Act (1861)

Appropriation Act - CORRECT ANSWER: Statutory authorization "to incur obligations and make payments out of the Treasury for specified purposes

Bona Fide Need Rule - CORRECT ANSWER: • Services are the bona fide need of the fiscal year in which they are performed 1) Severable Contracts ‐ May start in one FY and end in the next FY, if

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