Sanctions for ADA Violations
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Administrative Discipline
Suspension without pay; removal from office
Penal Discipline
A knowing and willful violation of the ADA is a Class E felony
$5,000 fine
Two years imprisonment
Both
Affirmative Authority
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, "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
Bona Fide Need Rule
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• 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
contract period does not exceed 1 year
2) Non‐Severable Service Contract
‐ Represents a single task or activity
National Defense Authorization Act (NDAA)
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Authorizes programs, but doesn't provide obligation authority
E.g., end strength; DoD FM Certification Program; government
lodging program (i.e., Integrated Lodging Program)
Sources of Violations
Give this one a try later!
Administrative Discipline
Suspension without pay; removal from office
Penal Discipline
A knowing and willful violation of the ADA is a Class E felony
$5,000 fine
Two years imprisonment
Both
Affirmative Authority
Give this one a try later!
, "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
Bona Fide Need Rule
Give this one a try later!
• 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
contract period does not exceed 1 year
2) Non‐Severable Service Contract
‐ Represents a single task or activity
National Defense Authorization Act (NDAA)
Give this one a try later!
Authorizes programs, but doesn't provide obligation authority
E.g., end strength; DoD FM Certification Program; government
lodging program (i.e., Integrated Lodging Program)
Sources of Violations
