TITLE:  Circular Letter on Transmissions of Antideficiency Act Reports
to the Comptroller General of the United States, B-304335, March 8, 2005
BNUMBER:  B-304335
DATE:  March 8, 2005

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   B-304335

   DATE:                        March 8, 2005

   TO:                  HEADS OF DEPARTMENTS, AGENCIES, AND OTHERS CONCERNED

   SUBJECT: Circular Letter on Transmissions of Antideficiency Act Reports to
the Comptroller General of the United States  

   The Antideficiency Act prohibits, among other things, making or
authorizing expenditures or obligations that exceed or are in advance of
amounts available in an appropriation or fund, or that exceed or are in
advance of the amounts apportioned or permitted by agency regulations.  31
U.S.C. SS 1341(a), 1517(a).  Whenever a violation of the Antideficiency
Act occurs, the head of the agency or the Mayor of the District of
Columbia is required to "report immediately to the President and Congress
all relevant facts and a statement of actions taken."  31 U.S.C. SS 1351,
1517(b).  In the Consolidated Appropriations Act, 2005, Congress amended
the Antideficiency Act to add that the heads of executive 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. SS 1351, 1517(b),
as amended by Consolidated Appropriations Act, 2005, Pub. L. No. 108-447,
div. G, title II, S 1401, 118 Stat. 2809, 3192 (Dec. 8, 2004) (see
enclosure).  The Senate Appropriations Committee Report explains that the
purpose of this provision is to authorize:

   "the Comptroller General to establish a central repository of
Antideficiency Act reports.  The Comptroller General will track all
Antideficiency Act reports, including responses to Comptroller General
legal decisions and opinions and findings in audit reports and financial
statement reviews."

   S. Rep. No. 108-307, at 43 (2004). 

   Accordingly, as of December 8, 2004, whenever the head of an agency or the
Mayor of the District of Columbia reports an Antideficiency Act violation
to the President and presiding officers of each house of Congress, the
agency and the District of Columbia, on the same date, must transmit a
copy of the report to this Office.  Agencies may electronically send PDF
(portable document format) copies of these reports to
[email protected].  GAO will confirm receipt by e-mail. 

   Alternatively, agencies may send paper copies of these reports to GAO at
the following address: 

   Comptroller General of the United States

   U.S. Government Accountability Office

   Antideficiency Act Reports

   Room 7165

   441 G Street, NW

   Washington, DC 20548. 

   GAO has coordinated this new reporting requirement with the Office of
Management and Budget (OMB).  OMB will incorporate these new instructions
in its upcoming revision of its Circular No. A-11, Preparation, Submission
and Execution of the Budget, expected in July 2005.

   If you have any questions about this circular, you may contact Ms. Janet
Dolen ([email protected]).  General inquiries may be directed to
[email protected]. 

   David M. Walker

   Comptroller General

   of the United States

   Enclosure

   Consolidated Appropriations Act, 2005, Pub. L. No. 108-447, div. G, title
II, S 1401, 118 Stat. 2809, 3192 (Dec. 8, 2004):

   "SEC. 1401. REPORTS TO THE COMPTROLLER GENERAL.

   "(a) LIMITATIONS ON EXPENDITURES, OBLIGATIONS, AND VOLUNTARY
SERVICES.--Section 1351 of title 31, United States Code, is amended by
inserting--A copy of each report shall also be transmitted to the
Comptroller General on the same date the report is transmitted to the
President and Congress.' after the first sentence.

   "(b) PROHIBITED OBLIGATIONS AND EXPENDITURES.--Section 1517(b) of title 31,
United States Code, is amended by inserting--A copy of each report shall
also be transmitted to the Comptroller General on the same date the report
is transmitted to the President and Congress.' after the first sentence."
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