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Home Legal Updates

What Does Federal Law Say About Departmental Accountable Officials?

Lucas Leo by Lucas Leo
January 8, 2025
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What does federal law say about departmental accountable officials
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Learn what does federal law say about Departmental Accountable Officials, their roles, responsibilities, and legal obligations.

The first time I had to work in any government-related arena, I immediately got a complete overdose from the very complex nature of these federal laws and regulations. I basically sat with my head diving into and onto pieces of paper, thinking, “My goodness, this is just too much legal jargon. How can I fathom it? One of the terms that I kept hearing was “departmental accountable officials.” I didn’t know what that meant, much less why it should matter. It soon dawned on me, though, that understanding this would be most integral, especially in positions that had something to do with accountability, compliance, or financial oversight.

If you found yourself asking, what does federal law say about departmental accountable officials?, you are at the right place. Let’s break it down and make sense together of what Federal law expects from these officials, why this role is important, and how it all influences government operations.

Table of Contents

  • Who are the Departmental Accountable Officers?
  • What does federal law say about departmental accountable officials?
  • Why Does This Role Matter?
  • Challenges Facing Departmental Accountable Officers
  • How to be an awesome departmental accountable official
  • Relatable Example: A Day in the Life of a DAO
  • FAQs
  • Conclusion
  • Additional Resources

Who are the Departmental Accountable Officers?

Before getting into all the legalities, let’s start with the very basics. Departmental accountable officials, or DAOs for short, are officers in federal agencies to ensure adherence to certain laws, policies, and regulations on finances. They stand guard to make sure that public funds are used responsibly and ethically.

Here is an analogy to put it into perspective: Think of the DAOs as referees in a game. Just as referees ensure a game is played fairly and by the rules, so, too, do DAOs ensure that the operations of government agencies are aligned with federal laws and policies. They’re not just there to blow the whistle-they actively prevent mistakes, guide the team, and keep things running smoothly.

What does federal law say about departmental accountable officials?

Federal law spells out a concise direction in respect of roles and responsibilities concerning the accountable official within each department. Well, that sounds legal-ish; let me put it in small bits that you will understand with ease:

1. Authority and Designation

Federal law, specifically the Chief Financial Officers Act of 1990 and related statutes, allows agencies to designate departmental accountable officials who ensure that funds are used for their approved purpose in conformance with federal regulations.

For instance, the Anti-Deficiency Act prohibits spending any more than Congress has appropriated. The DAO plays a critical, pivotal role within agencies with observations of laws where they ensure that all agencies do not break any of those statutes. They are often the financial policewomen/persons, making sure nobody “spends their money on exceeding the available amount that one may hold”.

2. Key Responsibilities

The responsibilities of a departmental accountable official generally include:

  • Certification of Payments: Verify the payment in question is made within the confinements of the law and further backed with requisite documentation.
  • Waste Prevention, Fraud, and Abuse: Ensure that public money does not get diverted to unintended uses.
  • Record Keeping: Accurate and transparent maintenance of all records for audit and review purposes.
  • Facilitate Compliance: Ensure that all actions taken are in concurrence with federal regulations, for example, FAR or OMB guidance.

Let me give you an example: suppose there is an agency that’s purchasing new equipment, the DAO would make sure the purchase follows procurement guidelines, it follows the budget, and there are no shortcuts in the process. Some of it may not be pretty, but it is absolutely essential.

3. Accountability Under the Law

Now, it gets serious: accountable officials at the departmental level can be held legally liable if they fail to meet their responsibilities. Under legislation such as the Federal Managers’ Financial Integrity Act of 1982, accountable officials are responsible for preventing and resolving problems involving material weaknesses in financial systems.

When you consider it, this is a significant issue. It is not just about signing papers or checking boxes; it’s about being the person who makes sure that taxpayer dollars are spent wisely. That’s a heavy responsibility!

Why Does This Role Matter?

Why Does This Role Matter?
Image: Canva

I did not, at first, when I heard of the DAOs, know exactly how important that was. Later, during one training session, one senior official told me: “The system collapses if there is no accountability.

Here’s why this role is so important:

  • Safeguarding Public Trust: Taxpayers want their money spent effectively and honestly. DAOs are those who ensure it is forthcoming.
  • Preventions of Scandal: Most scandals, mismanagement, or fraud upsets the general public and deprives confidence in government institutions; the DAO serves as the first tier of defense for such problems. DAOs empower the users who create the project by giving them control over the management of a specific function or asset through one address.
  • Ensuring Transparency: By maintaining proper records and following regulations, DAOs ensure a transparent government.

These are unsung heroes of behind-the-scenes work; while perhaps their work may remain unheadlined, it does provide the backbone for efficient and trustworthy government.

Challenges Facing Departmental Accountable Officers

No job is, of course, free from challenges; even the DAOs bring some. Here are some key challenges they find:

1. Navigating Complex Regulations

The thing is, federal law and regulations are just overwhelming most of the time. Too many rules to follow: OMB Circulars, FAR, GAO standards among others; it is always like swimming in an ocean of papers.

2. Competeting Priorities

DAOs often juggle multiple responsibilities, from certifying payments to overseeing audits. It’s a constant balancing act that requires attention to detail and excellent time management.

3. With Limited Resources

Budgetary limitations may not allow for good control and proper review; DAOs must find ways of doing more with less creatively.

4. Confronting Potential Liability

The kicker is that a DAO can also be held personally liable for the actions of others. That’s a lot of pressure-you literally have to walk on a tightrope, careful step after step.

How to be an awesome departmental accountable official

If you are taking up this role or want to get a better understanding of the same, here are a few tips for making a success with it.

1. Keep Yourself Educated

Federal laws and regulations change constantly. It is very important to keep current with their changes through training, reading updates, and networking with colleagues in the same field.

2. Leverage Technology

Use financial management software and other tools that help in streamlining the process and increasing the level of accuracy. When dealing with complex data, automation can save your life.

3. Build Strong Relationships

Work closely with your team, auditors, and other stakeholders. Collaboration helps in ensuring compliance and the proactive solving of issues that may arise.

4. Document Everything

Keep proper books/records at all times. This will protect you in case of an audit; accountability and transparency.

Relatable Example: A Day in the Life of a DAO

Relatable Example: A Day in the Life of a DAO
Image: Canva

Let me paint a picture for you: You are one of those accountable officials in a department of a federal agency. One of your average days may look somewhat like this:

  • Morning: You go through the list of requests for payment. These you check against the federal guidelines. You notice there is one request suspicious in nature. Further still, you note that the supporting documentation is not available. You mark it for further review.
  • Afternoon: You sit with your team and discuss what will be required of the group as part of the forthcoming audit; where the deficits in practice exist and how such may be improved.
  • Evening: You review the notes from the day to ensure all was captured appropriately and filed as needed. A tremendous amount of work, indeed-but you also know that you’re holding up your end on accountability.

Does that sound like a lot? It is! But it’s also incredibly rewarding.

FAQs

1. What is a departmental accountable official (DAO)?

A DAO is an officer within the agency appointed by the federal government to be responsible for that agency’s compliance with all federal laws, regulations, and policies related to financial management, accountability, and proper use of public funds. It makes DAOs very important in certifying payments, maintaining proper financial records, and preventing waste, fraud, and abuse of resources.

Their responsibilities stem from federal legislation, most importantly the Chief Financial Officers Act of 1990, with supporting guidance provided by OMB Circular A-123, among other things.

2. What federal legislation governs the responsibilities of departmental accountable officers?

Some of such federal legislations and regulations, which define the different roles and responsibilities for DAOs, are stated below:

  • Chief Financial Officers Act of 1990: Federal agencies are required to establish financial management practices and maintain accountability standards.
  • FMFIA: This is the Federal Managers’ Financial Integrity Act. It requires the heads of agencies to establish internal controls so that laws which are enacted to protect resources are adhered to.
  • Anti-Deficiency Act: This is a law inhibiting federal agencies from obligating or spending more funds than Congress appropriates and/or before the time those funds are authorized.
  • Federal Acquisition Regulation FAR – Guides on the procurement and accountability of funds in the conduct of federal contracts.

Both laws taken together ensure that DAOs practice stringent accountability and transparency in the handling of public finances.

3. Can the accountable officials of the departments become personally liable for the financial errors and violations?

Yes, departmental accountable officers may be held personally liable for failure to carry out their statutory responsibilities. For instance, the Anti-Deficiency Act prescribes administrative sanctions-suspension or removal-and in rare cases, criminal penalties against those who knowingly and willfully violate the spending limit or misuse appropriated funds. Other examples are when a DAO endorses improper payments or does not establish or maintain adequate internal controls; they may be held liable disciplinarily or in damages.

4. How do the departmental accountable officials ensure federal regulations are complied with?

DAOs ensure compliance with: Implementing Internal Controls:

The institution shall establish internal controls at least encompassing the materials contained in OMB Circular A-123 in establishing and maintaining effective internal controls over financial reporting and operations. Certification of Payments: Verify the payments that the payments are legal, proper, and sufficiently documented prior to the disbursement itself. Record Keeping: To ensure complete and open books for audit and review. Auditor Collaboration: To assist internal and external auditors in order to locate and rectify shortages. Training and Education: Knowledge of new changes in federal laws and regulations for their appropriate application.

Conclusion

Understanding “what does federal law say about departmental accountable officials” is not solely for lawyers or policy makers, but rather for anyone interested in how our government ensures that accountability and transparency are met. Whether you are a DAO yourself, work in a related field, or are just a curious citizen, I hope this article shed some light and provided clarity.

Let me leave this with you: the departmental accountable officials stand out as unsung heroes behind greasing wheels running the machinery of the government. It is seldom a glamorous job, but it’s absolutely essential. The next time you hear someone refer to the DAOs, remember this: they don’t just play by the rules but protect public trusts.

Disclaimer:
The information provided in this article is for informational purposes only and should not be considered legal, financial, or professional advice. Always consult relevant experts or official sources for accurate and up-to-date information.

Additional Resources

If you’d like to dive deeper into this topic, here are some excellent resources to explore:

  • Chief Financial Officers Act of 1990
    Learn more about the law that established improved financial management practices in federal agencies. Read more on Congress.gov.
  • Federal Managers’ Financial Integrity Act (FMFIA)
    A key law outlining the responsibilities of federal managers for financial systems. Visit GAO.gov.
  • OMB Circular A-123
    Guidance on management’s responsibility for internal controls. Explore OMB Guidance.
  • Federal Acquisition Regulation (FAR)
    The primary regulation for federal procurement policies and procedures. Access FAR.
Lucas Leo

Lucas Leo

Hi, I’m Lucas Leo, author and blogger at AccordingLaw.com. I’m passionate about delivering the latest legal news and updates according law to keep you informed. Join me as I explore and share insights into the ever-evolving world of law!

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