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James48

(5,203 posts)
2. The Anti-Deficiency Act makes that a felony.
Thu Mar 26, 2026, 03:51 PM
Yesterday

Just another in the string of affronts to our Constitution.

Since it’s a 2-year felony, one can make a Citizens arrest for such an act.


The Antideficiency Act (ADA) is a federal law (31 U.S.C. §§ 1341-1519) that prohibits federal employees from obligating or spending funds before they are officially appropriated by Congress or in excess of the amounts approved. It protects congressional authority over public finances, enforcing fiscal discipline by establishing strict administrative and criminal penalties for violations, including fines, imprisonment, or removal from office.
U.S. Government Accountability Office

Key Requirements and Prohibitions
No Overspending: Agencies cannot incur obligations in excess of the amount available in an appropriation or fund.
No Advance Spending: Obligations cannot be made before appropriations are received.
Voluntary Services Prohibition: Federal employees cannot accept voluntary services, except for emergencies involving the safety of human life or protection of property.

Fund Control: Agencies must implement regulations to prevent overspending, including apportionments and administrative subdivisions.

Exceptions to the Act
Emergencies: Statutory exceptions exist for emergencies involving the safety of human life or the protection of property, although this does not include routine, ongoing government functions.
Other Law: Expenditures authorized by other specific laws.
U.S. Government Accountability Office


Penalties for Violations
Violations of the ADA can lead to severe consequences:
Administrative Sanctions: Officials may face actions such as suspension from duty without pay or removal from office.
Penal Sanctions: Individuals who "knowingly and willfully" violate the act may be fined up to
$5,000, imprisoned for up to two years, or both

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