Most of the examples described below are taken from actual violations that have occurred within the department. New far clause protects against antideficiency act violations posted on june 21, 20 by george gullo the interim rule issued with todays fac 200567 adds a new far clause at 52. The antideficiency act ada is legislation enacted by the united states congress to prevent the. Appropriations involvedtitle, treasury symbol or fund account, and apportionment status. Congress and the department of defense dod have agreed informally to. Covers all aspects of the antideficiency act, from its history to common violations, penalties for violation, and. Specifically, government officials are prohibited from authorizing or making an expenditure in excess of an appropriation or a fund title 31. Read pdf the antideficiency act answer book ebooks, epub. Congress passed the antideficiency act ada to curb the fiscal abuses. It includes unaudited information extracted from agency antideficiency act reports filed with gao, as required by section 1401 of the consolidated appropriations act, 2005. The intent of congress was to modernize the language of the act, without changing its meaning. Appropriations funding for national institute on drug.
This course is for those who deal with funding authority and need to prevent, detect, or investigate antideficiency act ada violations. Read and consider all of the answer choices before you choose the one that best. Also featured are a practice writing test, a sample answer document, answer keys, and selfscoring instructions. Antideficiency act to avoid the significant constitutional questions that would arise were the act read to critically impair the exercise of constitutional functions assigned to the executive. One of these generosities is texass enactment of antideficiency laws. This course applies toward the department of defense dod fm certification program. At its top level, it divides the world of legislation into fifty topicallyorganized titles, and each title is further subdivided into any number of logical subtopics. The law was initially enacted in 1884, with major amendments occurring in 1950 64 stat. It evolved over a period of time in response to various abuses. First, the antideficiency act itself appears to forbid reliance on the authorized by law basis for spending in excess of appropriations.
Covers all aspects of the antideficiency act, from its history to common violations, penalties for violation. It includes unaudited information extracted from agency antideficiency act reports filed with gao, as required by section 1401 of the consolidated appropriations act, 2005, pub. Antideficiency act background the antideficiency act is one of the major laws through which congress exercises its constitutional control of the public purse. The antideficiency act consists of provisions of law that were passed by the congress beginning in the nineteenth century and later codified intitle 31 o f the united states code to prevent. Respond to formal questions submitted by appropriations subcommittee.
The antideficiency act prohibits federal employees from. New far clause protects against antideficiency act violations. Antideficiency act background us department of energy. Anti deficiency act violations questions about anti. Hello select your address best sellers todays deals new releases customer service gift ideas books gift cards electronics home computers sell todays deals new releases customer service gift ideas books gift cards electronics home computers sell. Not knowingly or willfully committing a violation of the antideficiency act does not, by itself, justify a decision to not impose disciplinary action against the individual. This document is gaos summary of agency antideficiency act reports for fiscal year 2012. Omb has issued further instructions on preparing the reports, which may be found in omb circular no.
The odd story of the law that dictates how government. Dont ask why, but i was scanning gaos report of antidefiniciency act. The anti deficiency act is a piece of legislation that was in enacted by the congress of the united states on september, 1982, that was enacted to prevent obligations from being incurred or expenditures being made beyond the amount of funds that are available. Exceeding the formal subdivision of funds violated the antideficiency act. Anti deficiency act contract administration the wifcon. Arnold get the antideficiency act answer book now with oreilly online learning. Under common law, a borrower has liability for a deficiency balance. Examine each answer choice and determine how it differs from the others. Hhs did not identify and report antideficiency act violations a033002 1. Appropriations funding for national institute on drug abuse contract hhsn271200700009c with charles river laboratories, inc. The antideficiency act answer book kindle edition by arnold, william g download it once and read it on your kindle device, pc, phones or tablets. The antideficiency act ada is a series of statutes designed to prevent government officials from spending beyond their means by prohibiting the obligation or expenditure of funds beyond those provided.
Congress had allowed its funding to lapse as part of an effort to pass an authorization bill that would limit its powers, but the carter administration for the first time enforced a shutdown. The united states federal government shutdown of 1980 was the first federal government shutdown in the united states. Antideficiency acts in excess of prong because no funds were available for that unauthorized purpose. Provides guidance on when to request an appropriation to liquidate an obligation that was a violation of the antideficiency act section 145. Referenced sections 1502a and 3302b of title 31, united states code, the bona fide needs and miscellaneous receipts statutes, respectively. Name and location of activity issuing the fund authorization. However, these violations are factspecific and, in other circumstances, a potential violation may or may not be incurred. Code in 1982, congress reworded and reorganized the language of the antideficiency act along with the rest of title 31 of the united states code.
The antideficiency act has evolved over time in response to various abuses. An actual act english test contains 75 questions to be answered in 45 minutes. In response, initially, the gao opined that obviously. It occurred on may 1, 1980, and affected only the federal trade commission for one day. A deficiency balance arises if the sale proceeds are not sufficient to pay the entire balance owed on all secured loans. Use features like bookmarks, note taking and highlighting while reading the antideficiency act answer book. The antideficiency act prohibits federal employees from making or authorizing an expenditure from, or creating or authorizing an obligation under, any appropriation or fund in excess of the amount available in the appropriation or fund unless authorized by law. The united states code is meant to be an organized, logical compilation of the laws passed by congress. The odd story of the law that dictates how government shutdowns work. Antideficiency is defined in the antideficiency act established by congress in u. Effect on contracts of antideficiency act violations 180. Act sample test booklet 1467f question breakdown question type question count action. The antideficiency act making or authorizing an expenditure from, or creating or authorizing an obligation under, any appropriation or fund in excess of the amount available in the appropriation or fund unless authorized by law. Connect with us 50 pennsylvania avenue, nw, suite 203, washington, dc 20004 phone.
Government operations in the event of a lapse in appropriations. This document is gaos summary of agency antideficiency act reports for fiscal year 2015. Also referenced the incorporated volume 14 references into figure 23. Pamphlet 17019, avoiding violations of the antideficiency act rs3679. Many of the questions in the test will involve more than one aspect of writing. It says an officer or employee of the united states government or of the district of columbia government may not make or authorize an obligation exceeding an amount available in an appropriation or fund for the expenditure of obligation. Bill 14811 district antideficiency act of 2002 ocfo. Applicability of the antideficiency act to a violation of. A dozen or so states outlaw or restrict the collection of a deficiency balance related to a home foreclosure. Gao report on scott pruitts installation of a secure. Fiscal law deskbook, 2014, chapter 4 library of congress.
The antideficiency act answer book is an easytounderstand questionandanswer tool that guides you through all the rules associated with the antideficiency act and helps you detect and report violations in a timely manner. From the congressional glossary including legislative and budget terms. The antideficient act is meant to prevent federal organizations from obligating more funds than they are actually allowed to or spend funds before they have received any funds to spend. Prohibits the making of expenditures or the incurring of obligations in advance of an appropriation. Gao issues legal opinions and decisions to congress and federal agencies on the use of, and accountability for, public funds, including ruling on potential violations of the antideficiency act. The antideficiency act consists of provisions of law that were passed. This section includes appropriations law opinions and decisions, as well as gaos red book principles of federal appropriations law, information. What works, what doesnt and the antideficiency act answer book. Antideficiency act report name of componentagency and case number 1. Arnold, cdfma, author of the antideficiency act answer book, performance budgetingwhat works, what doesnt, and. Volume 14, chapter 2 violation of the antideficiency act.