Fiscal Law Principles Flashcards

A program office obligates the entire cost for a new system overhaul and modification contract in FY26, using FY26 RDT&E funds. The work on the contract is expected to produce a single, final modified system, but performance will cross into FY27. Which fiscal law principle best justifies this action?

Answer: The full funding policy for non-severable services.

The work described produces a single, unified outcome (a modified system) and is therefore considered a non-severable service. The bona fide needs rule requires that non-severable services be fully funded with the appropriation current at the time the contract is executed, even if performance extends into the next fiscal year.

A DoD agency receives revenue from recycling used brass casings. The commander directs that this revenue be deposited directly into the installation's Operations & Maintenance (O&M) account to pay for new training equipment. This action is a potential violation of which fiscal principle?

Answer: Prohibition against augmentation of an appropriation

Unless specifically authorized by law, funds received by the government must be deposited into the Treasury's miscellaneous receipts account. Adding outside funds directly to an agency's appropriation to exceed the amount appropriated by Congress is known as augmentation and is prohibited. The proper course is to deposit the revenue and request appropriated funds for the equipment.

Which of the following actions constitutes a violation of the Anti-Deficiency Act (ADA)?

Answer: Involving the government in a contract for the payment of money before an appropriation is made.

The Anti-Deficiency Act (31 U.S.C. § 1341) expressly prohibits involving the government in a contract or obligation for the payment of money before an appropriation is made, unless otherwise authorized by law. The other actions listed are generally permissible under specific rules or authorities.

The commander of a forward-deployed unit directs that FY26 Operations and Maintenance (O&M) funds be used to purchase a new, armored tactical vehicle to replace one lost in combat. This action most likely violates which foundational fiscal law?

Answer: The Purpose Statute (31 U.S.C. § 1301)

The Purpose Statute requires that appropriations be used only for the objects for which they were made. O&M funds are intended for day-to-day expenses, not for the procurement of major end items like tactical vehicles. Such a purchase should be funded with a Procurement appropriation.

At the start of a new fiscal year, Congress has failed to pass a defense appropriations act, and there is no continuing resolution in place. A deployed naval vessel requires an emergency replenishment of fuel and food to continue its mission. Which statute provides the legal authority to incur an obligation for these necessities?

Answer: The Feed and Forage Act

The Feed and Forage Act (41 U.S.C. § 6301) provides a narrow but critical exception to the Anti-Deficiency Act, allowing the DoD to incur obligations for necessities like clothing, subsistence, fuel, and medical supplies in the absence of appropriations to prevent threats to life and property.

A DoD financial manager is determining how to fund a 12-month contract for recurring groundskeeping services that will begin on July 1, FY26 and end on June 30, FY27. The services provide a benefit each month they are performed. According to fiscal law, what is the proper way to fund this contract?

Answer: Use a single-year appropriation to fund the entire contract, as authorized for severable services crossing fiscal years.

Groundskeeping is a severable service, as the government receives value each time the service is performed. 10 U.S.C. § 3133 provides statutory authority for DoD to use a single-year appropriation to fund a severable services contract for a period up to 12 months, even if it crosses fiscal years.