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3 hours
This is session 2 of 4 in the Federal Appropriations and Fiscal Law virtual course.

This specially developed course is a comprehensive treatment of the most important fiscal law principles private industry and Government personnel must know. The course covers the entire budgetary process, from budget submission to contract for payment - how it moves forward and evolves at each key step. 
  • Comprehensive training on the key principles of Federal appropriations and fiscal law.
  • Detailed coverage of the budgetary process enabling you to track high-dollar programs from proposal to authorization to appropriation.
  • Contractor financing methods and payment procedures.
  • How violations of the Anti-deficiency Act are identified, reported, and investigated.
  • Operations during funding gaps and continuing resolutions.
  • The impact of Federal appropriations law on the rights of contractors.
  • Changes in the process due to the Acquisition Streamlining Statutes.

The course begins with a review of the process by which agencies receive budget authority, the requirement to account for and administratively subdivide appropriated amounts, and the manner in which agencies commit funds and record obligations. In addition, the course details the limitations that Congress places on appropriated funds as to time, purpose and amount, and explains how violations of the Antideficiency Act are identified, reported and investigated. The course also covers operations during funding gaps and continuing resolutions, the impact of Federal appropriations law on the rights of contractors, and highlights changes in the process that have resulted from FASA, FARA, and other recent legislation. 

AGENDA
An Overview of Fiscal Law
  • Constitutional Issues
  • The Federal Appropriations Process
  • Executive Agency Accounting Systems
  • Framework for Analyzing a Fiscal Problem
  • Available Resources
Obligating Appropriated Funds
  • Formal Commitment Accounting
  • General Rules of Obligation
  • Recording Particular Obligations
  • Recording Adjustments to Obligations
  • Special Rules Pertaining to Terminated Contracts
  • Advanced Rules of Obligations
  • Recording Obligations Under Options
Purpose Limitations
  • Statutory Basis
  • How to Identify an Appropriations Purpose
  • Augmentation of Appropriations
  • Expense/Investment Threshold
  • Other Purpose Issues
Time Limitations
  • Determining the Period of Availability
  • How Replacement Contracts Are Funded
  • The Bona Fide Need Rule
  • Multiyear Funds and Multiyear Contracts
  • Use of Expired and Closed Appropriations
Amount Limitations
  • An Overview of the Antideficiency Act (ADA)
  • Apportionment Limitations
  • Limitations Pertaining to Administrative Subdivisions
  • Appropriation Level Limitations
  • Contractor Recovery When ADA Is Violated
  • Accepting Voluntary Services
  • Voluntary Creditor Rules
  • Sanctions for ADA Violations
  • Investigating ADA Violations
Continuing Resolutions and Funding Lapses
  • Introduction and Overview
  • Operations During Funding Lapses
  • Operations Under Continuing Resolutions
Payment and Collection
  • Contract Financing After FASA
  • Working with the Prompt Payment Act
  • Assignment of Claims
  • Debt Collection Methods

 NOTE: On-Demand Virtual Course sessions are not eligible for CLE/CPE credits.
About Our Experts
  • Michael Killham
    Experienced Corporate Counsel
    Michael A. Killham is a California attorney specializing in U.S. Government procurement and subcontracting support. He provides legal advice, training, and assistance concerning all aspects of federal and commercial contracting and fiscal law, including but not limited to subjects relating to Contract Formation and Administration, Legal Compliance, Subcontracting, Negotiations, Bid Protests, Contract Disputes, Commercial Item Contracting, Contract Terminations, Export/Import Compliance, and Source Selection.

    Mr. Killham served as corporate counsel for major U.S. government contractors following his military career as a U.S. Army Judge Advocate. These assignments included Director, Legal Operations, for Lockheed Martin Aeronautics Company, Advanced Development Programs (a.k.a. “Skunkworks”) in Palmdale, California; General Counsel for a U.S./French joint venture - Thales-Raytheon Systems Company, LLC - and MD Helicopters, Inc., in Fullerton, California and Mesa, Arizona, respectively; Senior Business Counsel for Raytheon Space & Airborne Systems in El Segundo, California; and Division Counsel for two operating divisions of Litton Industries, Inc. While in these positions, he was responsible for identifying, advising on, and resolving a wide variety of legal and business-related issues, including those relating to government and commercial contracting and subcontracting, export/import compliance, corporate governance, labor/employment law, government cost accounting, intellectual property rights, litigation management, and more.
    United States Military Academy at West Point - Bachelor of Science degree
    Notre Dame Law School - Juris Doctor degree
    The Judge Advocate General's School - Master of Laws degree
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