Once it is determined that there has been a violation of 31 U.S.C. §§ 1341(a), 1342, or 1517(a), the agency head "shall report immediately to the President and Congress all relevant facts and a statement of actions taken." 31 U.S.C. §§ 1351, 1517(b). In addition, the heads of executive branch agencies and the Mayor of the District of Columbia shall also transmit "[a] copy of each report . . . to the Comptroller General on the same date the report is transmitted to the President and Congress." 31 U.S.C. §§ 1351, 1517(b), as amended by the Consolidated Appropriations Act, 2005, Pub. L. No. 108-447, div. G, title II, § 1401, 118 Stat. 2809, 3192 (Dec. 8, 2004).
OMB has issued further instructions on preparing the reports. OMB Circular No. A-11, Preparation, Submission, and Execution of the Budget, § 145 (July 10, 2020).
The reporting requirements of the Antideficiency Act apply to all violations, including those that GAO finds. After GAO publishes a decision or opinion concluding that an Antideficiency Act violation occurred, we will contact the relevant agency to ensure a report of the violation. If the agency does not report the violation within a reasonable period, GAO will notify Congress of the violation. Our report will note the agency’s failure to report the violation. B-331295, Sept. 23, 2019.
Additional Information
For more information on the Antideficiency Act's purpose, history, and requirements see Chapter 6, Availability of Appropriations: Amount.
Principles of Federal Appropriations Law: Third Edition, Volume II
GAO-06-382SP, February 1, 2006
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