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Antideficiency Act

Antideficiency Act
Great Seal of the United States
Long title An Act to revise, codify, and enact without substantive change certain general and permanent laws, related to money and finance, as title 31, United States Code, "Money and Finance".
Nicknames Money and Finance Enactment as title 31, United States Code
Enacted by the 97th United States Congress
Effective September 13, 1982
Citations
Public law 97-258
Statutes at Large 96 Stat. 877
Codification
Titles amended 31 U.S.C.: Money and Finance
U.S.C. sections amended
Legislative history
  • Introduced in the House as H.R. 6128 by Peter W. Rodino, Jr. (D-NJ) on April 21, 1982
  • Committee consideration by House Judiciary, Senate Judiciary
  • Passed the House on August 9, 1982 (passed voice vote)
  • Passed the Senate Committee on Judiciary on August 20, 1982 (unanimous consent) with amendment
  • Senate agreed to Senate Committee on Judiciary amendment on August 20, 1982 (passed voice vote)
  • Signed into law by President Ronald Reagan on September 13, 1982

The Antideficiency Act (ADA), Pub.L. 97–258, 96 Stat. 923, is legislation enacted by the United States Congress to prevent the incurring of obligations or the making of expenditures (outlays) in excess of amounts available in appropriations or funds. The law was initially enacted in 1884, with major amendments occurring in 1950 (64 Stat. 765) and 1982 (96 Stat. 923). It is now codified at 31 U.S.C. § 1341. The ADA prohibits the federal government from entering into a contract that is not "fully funded" because doing so would obligate the government in the absence of an appropriation adequate to the needs of the contract. This Act of Congress is sometimes known as Section 3679 of the Revised Statutes, as amended.

The Antideficiency Act has evolved over time in response to various abuses. The earliest version of the legislation was enacted in 1870 (16 Stat. 251), after the Civil War, to end the executive branch's long history of creating coercive deficiencies. Many agencies, particularly the military, would intentionally run out of money, obligating Congress to provide additional funds to avoid breaching contracts. Some went as far as to spend their entire budget in the first few months of the fiscal year, funding the rest of the year after the fact with additional appropriations from Congress. The act provided that ... "it shall not be lawful for any department of the government to expend in any one fiscal year any sum in excess of appropriations made by Congress for that fiscal year, or to involve the government in any contract for the future payment of money in excess of such appropriations."


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