FY 2015 National Defense Authorization Act

Two months into the fiscal year, Congress finally passed the National Defense Authorization Act for Fiscal Year 2015. The act and related committee reports can be found below. The NDAA authorizes funding for the Department of Defense and the national security programs of the Department of Energy. Conference FY 2015 NDAA S. 1847 Joint Explanatory Statement (to Accompany S. 1847) Senate Senate Bill S. 2410 SASC Report (113 S. Rpt. 176) House House Bill H.R. 4435 House Report (113 H. Rpt. 446 Part 1) House Report (113 H. Rpt. 446 Part 2) Press statement and summaries can be found here:  Senate and... read more

Fiscal Law Resources

Fiscal law is of great interest to government lawyers who advise their clients on the use of appropriated and non-appropriated funds. A violation of the Antideficiency Act can have adverse consequences for the agency and for the individuals responsible for the violation.  The Principles of Federal Appropriations Law, commonly referred to as the Red Book, is a multi-volume treatise published by GAO concerning federal fiscal law.  The publication provides text discussion with reference to specific legal authorities to illustrate the principles discussed, their application, and exceptions. The legal authorities include GAO decisions and opinions, judicial decisions, statutory provisions, and other relevant sources.   Antideficiency Act Background 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. 31 U.S.C. § 1341(a)(1)(A). involving the government in any obligation to pay money before funds have been appropriated for that purpose, unless otherwise allowed by law. 31 U.S.C. § 1341(a)(1)(B). accepting voluntary services for the United States, or employing personal services not authorized by law, except in cases of emergency involving the safety of human life or the protection of property. 31 U.S.C. § 1342. making obligations or expenditures in excess of an apportionment or reapportionment, or in excess of the amount permitted by agency regulations. 31 U.S.C. § 1517(a). Federal employees who violate the Antideficiency Act are subject to two types of sanctions: administrative and penal. Employees may be subject to appropriate administrative discipline including, when circumstances warrant, suspension from duty without pay or removal from office. In addition, employees may also be... read more

Defense Procurement Links

Here are some basic links to defense procurement websites. Legislation U.S. Code (LII Cornell Law School) U.S. Code (GPO) U.S. Code (House Law Revision Counsel) THOMAS (Congressional) Procurement Policy Documents OMB Circulars DoD 5000 Series Defense Procurement and Acquisition Policy Defense Agency Contracting Sites Defense Acquisition Portal U.S. Army Contracting Agency Air Force Acquisition DoN Acquisition One Source Missile Defense Agency Procurement Regulations FAR & DFARS Search the FAR and DFARS Federal Procurement Regulations, * 48 CFR (2010) Federal Procurement Regulations, * 48 CFR (2011) Status of Open FAR Cases Status of Open DFARS Cases DFARS Cases Out for Public Comment Protest Decisions COFC decisions GAO Protest decisions Contract Disputes Act Decisions COFC decisions ASBCA decisions CBCA decision Government Contracting Websites GW Law School Library Contracting Links... read more