Jump to content

FY2021 Annual Anti-Deficiency Act Violation Compilation


Recommended Posts

Everyone should read this GAO Report to Congress.

https://www.gao.gov/products/b-333630#mt=e-report

I am quoting the first two violations below, which are Chicken Sh…,  where conscientious employees were disciplined and one received a three day suspension for voluntary actions taken during a government wide furlough.

In contrast, compare those two violations with the 15 other reported violations, for tens of thousands, over $1 million, hundreds of millions, and one for over $689 million (GSA). Some of the others were for executive office furniture acquisitions in excess of $5000 without advance notice to Congress. Another was for mis-funding relocatable building purchases (similar to previous topics discussed in the Forum). Another was for excessive pay to political appointees (waivers for excusing the overpayments were subsequently allowed, submitted by the employees and approved).

Interesting reading. Lesson learned? If you’re going to violate the ADA, do it BIG TIME? 
 

from: Antideficiency Act Reports – Fiscal Year 2021

1.  “GAO No.: GAO-ADA-21-01

Agency No.: None Reported

Date Reported to GAO: October 7, 2020

Agency: Consumer Product Safety Commission (CPSC)

Date(s) of Violation(s): Fiscal Year 2019

Account(s): Salaries and Expenses

Amount Reported: $79.70

Description: CPSC reported that it violated the Antideficiency Act (ADA), 31 U.S.C.

§ 1342, when it accepted voluntary services when a furloughed employee worked during the partial government shutdown that occurred between December 2018 and January 2019.

According to CPSC, an employee assigned to the Division of Chemistry in the Directorate of Laboratory Services was furloughed on December 26, 2018, due to a lapse in appropriations. CPSC reported that its furlough notice, which the employee signed, instructed the employee not to work on official business, even as an unpaid volunteer. While furloughed, the employee accessed his official CPSC e-mail and sent a total of six emails from his official e-mail.

Remedial Action Taken: To prevent a recurrence of this type of violation, CPSC reported that it will continue to emphasize that employees who work while furloughed are subject to the penalties of the ADA. According to CPSC, the responsible employee received a three-day suspension and was required to receive trainings on the ADA and its application to government furloughs. CPSC reported that the responsible employee did not willfully or knowingly violate the ADA.

Source: Unaudited information GAO extracted from agency Antideficiency Act reports; E-mail from Acting Chief Financial Officer, CPSC to Staff Attorney, GAO (Dec. 15, 2021).”

 

2. “Agency No.: None Reported

Date Reported to GAO: October 7, 2020

Agency: Department of Agriculture (USDA)

Date(s) of Violation(s): Fiscal Year 2019

Account(s): Agricultural Research Service Salaries and Expenses

Amount Reported: $11.03

Description: USDA reported that it violated the Antideficiency Act (ADA), 31 U.S.C. § 1342, when it accepted voluntary services when a furloughed employee worked during the partial government shutdown that occurred between December 2018 and January 2019.

According to USDA, a Contracting Specialist in the Agricultural Research Service (ARS) uploaded a document into the Integrated Acquisition System on December 31, 2018, while furloughed. According to USDA, ARS accepted the voluntary services in violation of the ADA, 31 U.S.C. § 1342.

Remedial Action Taken: To prevent a recurrence of this type of violation, USDA reported that ARS had a process to disseminate information to employees regarding emergency and shutdown furlough procedures, furlough notices, and ethics during a lapse in appropriations. According to USDA, the responsible employee has been advised of the prohibition against working while furloughed. ARS has determined that the responsible employee did not did not willfully or knowingly violate the ADA.

Source: Unaudited information GAO extracted from agency Antideficiency Act reports.”

 

 

Link to comment
Share on other sites

I wonder how much of the taxpayers’s money (and borrowed deficits funding) was or will be expended in investigating, taking remedial action, compiling, publishing, reporting to Congress, Congress reading, current employees reviewing (including those reading this thread on government time), etc., the first two reported violations.

I’m retired,  so at most, I wasted valuable time away from my dog, Rockne. Sorry for any wasted appropriations for those following this thread. It’s just such blatant hypocrisy how the various violations were treated. 🤪

Link to comment
Share on other sites

16 minutes ago, Vern Edwards said:

Could it be possible that the CPSC is sending a message to Congress about shutting down the government?

The employee might be in on it.

Maybe? But the employee must be awfully dedicated to take a three day suspension without pay* to make the point! And it would be Shame on CPSC to make an employee a scapegoat to send the message. 
*3/10 or 30% of a bi-weekly check, plus earned leave and retirement credit? 
(As an example of how the employees fringe could be affected, when I transferred from Germany back to the US or maybe from Saudi Arabia to Germany, the Europe Pay Office was on a one week different pay cycle from the other pay office. I was docked fifty percent of my earned leave and sick leave for transferring mid-pay cycle of Europe.)

Link to comment
Share on other sites

1 hour ago, joel hoffman said:

But the employee must be awfully dedicated to take a three day suspension without pay* to make the point! And it would be Shame on CPSC to make an employee a scapegoat to send the message. 

I could see myself doing that just to get into the annual ADA report if I were mad about a government shutdown. It might prompt people to react they way you have. It also might make some of them ask their congressional  representatives why appropriations were not enacted in time to prevent a shutdown.

But I understand your point, and it's well-taken.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
×
×
  • Create New...