Antideficiency Act

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Antideficiency Act

Antideficiency Act in the Federal Budget Process

Meaning of Antideficiency Act in the congressional and executive budget processes (GAO source): Federal law that •prohibits the making of expenditures or the incurring of obligations in advance of an appropriation; •prohibits the incurring of obligations or the making of expenditures in excess of amounts available in appropriation or fund accounts unless specifically authorized by law (31 U.S.C. § 1341(a)); •prohibits the acceptance of voluntary or personal services unless authorized by law (31 U.S.C. § 1342); •requires the Office of Management and Budget (OMB), via delegation from the President, to apportion appropriated funds and other budgetary resources for all executive branch agencies (31 U.S.C. § 1512); •requires a system of administrative controls within each agency (see 31 U.S.C. § 1514 for the administrative divisions established); •prohibits incurring any obligation or making any expenditure in excess of an apportionment or reapportionment or in excess of other subdivisions established pursuant to sections 1513 and 1514 of title 31 of the United States Code (31 U.S.C. § 1517); and •specifies penalties for deficiencies (see Antideficiency Act Violation). The act permits agencies to reserve funds (that is, withhold them from obligation) under certain circumstances. (See also Administrative Division or Subdivision of Funds; Antideficiency Act Violation; Apportionment; Budgetary Reserves; Deferral of Budget Authority; Deficiency Apportionment; Deficiency Appropriation; Expenditure; Fund Accounting; Congressional Budget and Impoundment Control Act of 1994; Outlay.)

Resources

See Also

Further Reading

  • Legislatures and the budget process: the myth of fiscal control

    (J Wehner, 2010)

  • Reconcilable Differences?: Congress, the Budget Process, and the Deficit (JB Gilmour, 1990)
  • Fiscal institutions and fiscal performance

    (JM Poterba, J von Hagen, 2008)

Antideficiency Act Violation in the Federal Budget Process

Meaning of Antideficiency Act Violation in the congressional and executive budget processes (GAO source): Occurs when one or more of the following happens: •overobligation or overexpenditure of an appropriation or fund account (31 U.S.C. § 1341(a)); •entering into a contract or making an obligation in advance of an appropriation, unless specifically authorized by law (31 U.S.C. § 1341(a)); •acceptance of voluntary service, unless authorized by law (31 U.S.C. § 1342); or •overobligation or overexpenditure of (1) an apportionment or reapportionment or (2) amounts permitted by the administrative control of funds regulations (31 U.S.C. § 1517(a)). Once it has been determined that there has been a violation of the Antideficiency Act, the agency head must report all relevant facts and a statement of actions taken to the President and Congress and submit a copy of the report to the Comptroller General. Penalties for Antideficiency Act violations include administrative discipline, such as suspension from duty without pay or removal from office. In addition, an officer or employee convicted of willfully and knowingly violating the law shall be fined not more than $5,000, imprisoned for not more than 2 years, or both (31 U.S.C. §§ 1349, 1350, 1518, and 1519). (See also Administrative Division or Subdivision of Funds; Antideficiency Act; Expenditure.)

Resources

See Also

Further Reading

  • Legislatures and the budget process: the myth of fiscal control

    (J Wehner, 2010)

  • Reconcilable Differences?: Congress, the Budget Process, and the Deficit (JB Gilmour, 1990)
  • Fiscal institutions and fiscal performance

    (JM Poterba, J von Hagen, 2008)

Related pieces of legislation:

  1. Balanced Budget and Emergency Deficit Control ActReaffirmation Act of 1987
  2. Budget and Accounting Act of 1921
  3. Credit Reform Act Accounts
  4. Balanced Budget and Emergency Deficit Control Act of 1985
  5. Low-Income Home Energy Assistance Act Of 1981
  6. Balanced Budget and Emergency Deficit Control Act of 1985
  7. Bases of Budgeting
  8. Universal Service Antideficiency Temporary Suspension Act
  9. Congressional Budget and Impoundment Control Act1974
  10. Power of the Purse
  11. To amend the National Telecommunications and Information Adminstration Organization Act to facilitate the reallocation of spectrum from governmental to commercial users; to improve, enhance, and promote the Nation's homeland security, public safety, and citizen activated emergency response capabilities through the use of enhanced 911 services, to further upgrade Public Safety Answering Point capabilities and related functions in receiving E-911 calls, and to support in the construction and operation of a ubiquitous and reliable citizen activated system; and to provide that funds received as universal service contributions under section 254 of the Communications Act of 1934 and the universal service support programs established pursuant thereto are not subject to certain provisions of title 31, United States Code, commonly known as the Antideficiency Act, for a period of time
  12. Appropriation Act
  13. Budget Act
  14. Budget Enforcement Act
  15. Congressional Budget Act
  16. Economy Act
  17. Federal Credit Reform Act
  18. Government Performance and Results Act
  19. Line Item Veto
  20. Reapportionment

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