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Fiscal Law Exam Questions and Answers

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Affirmative Authority governed by what: - ANSWER • The U.S. Constitution • Legislative Appropriations and Authorization Acts • Judicial Court Rulings and Comptroller General decisions DoD AA - ANSWER Depart of Defense Appropriations Act NDAA - ANSWER National Defense Authorization Act Necessary Expense Defined - ANSWER • Must be reasonably necessary • Doesn't have to be only or best way • Determinations are fact, agency, and purpose specific; AFI65-601. Purpose: - ANSWER - Is there a proper appropriation available for the specific expenditure? - If no appropriation is available you need to request congress create one Purpose 3-Part Test - ANSWER - Expenditure must be for a statutory purpose or necessary/incident to the general purpose of the appropriation - Expenditure must not be prohibited by law - Expenditure must not be otherwise provided for in another appropriation; AFI65-601 Time: - ANSWER 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 Agencies may not obligate in advance of: - ANSWER - An enacted appropriation - Receipt of funds from HHQ Bona Fide Need Rule - ANSWER May only obligate to meet a legitimate need arising in the fiscal year(s) for which the appropriation was made Bona Fide Need Rule: Two exceptions - ANSWER 1) Lead-Time Exception 2) Stock-Level Exception Bona Fide Need Rule Applied to Service Contracts - ANSWER Services are the bona fide need of the fiscal year in which they are performed. Severable Contracts - ANSWER May start in one FY and end in the next FY, if contract period does not exceed 1 year Non-Severable Service Contract - ANSWER Represents a single task or activity List the three time periods within an appropriation - ANSWER Active | Expired | Cancelled Expired funds are not available for what: - ANSWER New obligations Canceled funds cannot be: - ANSWER Obligated or expended Expired funds can be used for what: - ANSWER Available for existing obligation adjustments or liquidation of prior valid obligations Anti-Deficiency Act - 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 Accepting voluntary services are prohibited by what - ANSWER Anti-Deficiency Act A violation of the Purpose Statute may cause an Anti-Deficiency Act violation, unless... - ANSWER - Proper funds were available at the time of the erroneous obligation - Proper funds were available when the agency discovered the erroneous obligation and corrected it. An individual learning of or detecting a potential ADA violation must report the violation up their chain of command within how many days - ANSWER 10 working days Two types of disciplinary action for committing ADA - ANSWER Administrative and Penal Affirmative Authority - 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.

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