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B-262069 1 (1995-08-01)

handle is hein.gao/gaobablkw0001 and id is 1 raw text is: GAO United States General Accounting Office Washington, D.C. 20548 Office of the General Counsel B-262069 August 1, 1995 Garland Pinkston, Jr., Esq. Acting Corporation Counsel Government of the District of Columbia 441 Fourth Street, N.W. Washington, D.C. 20001 Dear Mr. Pinkston: This responds to your July 7, 1995 request for an expedited opinion on whether the District of Columbia government may exceed its appropriation in order to make obligations and expenditures for the Aid to Families with Dependent Children (AFDC) and Medicaid programs without violating the Antideficiency Act. You suggest that there would be no Antideficiency Act violation because the obligations and expenditures are mandatory and thus covered by an exception to the Act. You also asked a similar question regarding obligations and expenditures the District makes for its child abuse-and-neglect/foster care program to comply with court orders in LaShawn A. v. Kelly, C.A. No. 89-1754 (D.D.C.) The Antideficiency Act prohibits officers and employees of the District of Columbia from incurring obligations or making expenditures in an amount exceeding that made available by an appropriation unless the District is authorized to do so by law. Under the caption Division of Expenses, the fiscal year 1995 appropriation act for the District of Columbia appropriates out of the general fund of the District of Columbia amounts for specific categories of expenses. The activities encompassed by your inquiry are generally charged against the appropriated category entitled Human Support Services. The District of Columbia Appropriations Act, 1995, appropriated over $898 million for Human Support Services. Pub. L. No. 103-334, 108 Stat. 2579 (1994). We understand that the District has not yet exceeded the Human Support Services appropriation and, therefore, your inquiry is prospective and not to determine whether a specific Antideficiency Act violation has occurred. As discussed below, 1103728 06qL63/ I55oh

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