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Affirmative Authority governed by what: • The U.S. Constitution • Legislative Appropriations and Authorization Acts • Judicial Court Rulings and Comptroller General decisions DoD AADepart of Defense Appropriations Act NDAANational Defense Authorization Act Necessary Expense Defined• Must be reasonably necessary • Doesn't have to be only or best way • Determinations are fact, agency, and purpose specific; AFI65-601. Purpose:- 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- 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: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
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