What is the Antideficiency Act?

What does the Antideficiency Act prohibit?

The act limits both expenditures and obligations. An expenditure pays money. An obligation creates a legal commitment to pay, such as a contract. An agency cannot avoid the rule just by delaying the payment.

Under 31 U.S.C. § 1341, agencies generally cannot spend or obligate more than an available appropriation or fund permits. They also cannot commit to payments before an appropriation exists unless the law authorizes it. These limits apply even when the government is not in a shutdown.

For example, an agency with $1 million available for a contract generally cannot sign a $1.2 million contract against that funding. An expected appropriation does not count as money already available.

Why does the act cause shutdowns?

When an appropriation expires, affected agencies generally cannot create new obligations for work that lacks funding. They must stop that work and take steps for an orderly shutdown. A funding lapse does not shut down every federal activity.

Programs with other available funding can continue within its limits. Some programs have permanent appropriations or money available across several fiscal years. The Government Accountability Office shutdown guide explains how available funding and narrow exceptions affect agency operations.

What exceptions allow work to continue?

The act generally bars agencies from accepting voluntary services or employing personal services beyond legal limits. Employees cannot simply volunteer to keep unfunded programs open.

31 U.S.C. § 1342 allows an exception for emergencies involving the safety of human life or the protection of property. It excludes routine functions whose suspension would not imminently threaten life or property. Calling a program important does not create an exception.

Other narrow legal exceptions can also permit work during a lapse. Authority to incur an obligation does not necessarily authorize immediate payment. Agencies generally need an appropriation before they can pay those bills.

What happens after a violation?

Agency heads must report violations to the president and Congress and send a copy to the Government Accountability Office. Reports describe the facts and the actions the agency took. The Government Accountability Office Antideficiency Act resources explain these reporting duties.

A violation does not automatically mean a crime occurred. 31 U.S.C. § 1350 sets criminal penalties for knowing and willful violations of sections 1341(a) or 1342.

How can Congress prevent a funding lapse?

Congress can pass an appropriations bill or a continuing resolution. A continuing resolution usually provides temporary funding while lawmakers negotiate longer-term appropriations. It must become law before the existing funding expires to prevent a lapse for covered activities.

A proposal or a House vote alone does not fund an agency. The House and Senate must pass the same text, and the measure must become law. The bill-to-law guide explains that process.

A budget resolution sets a congressional framework but does not itself fund agencies. Raising the debt limit permits more borrowing but does not itself provide an appropriation.

Follow your representatives’ funding votes

Funding bills and continuing resolutions put these rules into practice. Check the vote question, not just the bill title. A vote to limit Senate debate is not final passage. Cappy Pillow reports recorded votes on major bills, not live shutdown deadlines or every procedural vote.