General Requirements 31.1. Accounting and internal control systems. As specified in 31 U.S.C. 3512, the head of each agency shall establish and maintain systems of accounting and internal controls that provide reliable accounting for the activities of the agencies. These systems will provide the basis for preparing and supporting the budget requests of the agency; for providing financial information the President requires in formulating the budget; and for executing the budget. These systems will also provide reasonable assurance that transactions are properly recorded and accounted for to permit the preparation of reliable financial reports and to maintain accountability over assets; that funds, property, and other assets are safeguarded against loss from unauthorized use or disposition; and that transactions, including those related to obligations and costs, are executed in compliance with laws and regulations. For the purposes of budget formulation and execution, the agency systems of accounting and internal controls shall provide information on actual obligations, outlays, and budgetary resources. Agencies will use the standard general ledger account balances as the principal source of information and establish controls consistent with financial plans. 31.2. Definitions. Part II of this Circular contains the definitions of the technical terms used in this part. For the purposes of this Circular, the terms "system of administrative control of funds," "administrative control of funds system," "fund control system," and "fund control regulation" are used interchangeably. 31.3. Fund control regulations. 31 U.S.C. 1514 requires the head of each agency, subject to approval of the President, to prescribe by regulation a system of administrative control of funds. The approval of fund control regulations has been delegated to the Director of OMB. OMB approval is intended to ensure that the objectives of financial plans are met. The fund control regulation will be a part of the agency's internal control system. It may include provisions for allotments and other administrative subdivisions of budgetary resources within the limits of apportionments and will be designed to: (1) restrict both obligations and expenditures from each appropriation to the lesser of: (a) the amount available in the appropriation or fund or (b) the amount of the apportionment or reapportionment of the appropriation or fund; and (2) enable the head of the agency to determine responsibility for an obligation or expenditure exceeding an appropriation, apportionment or reapportionment, allotment, and any other administrative subdivision of funds. Allotment systems should be designed so that responsibility for budget control is placed at the highest practical organizational level consistent with effective and efficient management and control. For example, a single allotment within the amount apportioned for each appropriation or fund generally provides an appropriate basis for control of a single category A or B apportionment, without further allotting the funds. However, in some cases agencies will establish other internal reporting systems below the allotment level that will provide adequate data for monitoring the efficiency and economy with which funds are used. The fund control regulation should distinguish administrative subdivisions, the violation of which are automatically violations of the Antideficiency Act, from classifications or subdivisions, the violation of which are not automatically violations of the Antideficiency Act. For budget execution purposes, agency fund control systems will be fully supported by agency accounting systems. The timeframe covered by an agency's fund control system will correspond to the agency's financial plans. Where financial plans extend beyond the fiscal year (e.g., construction, capital projects, multi-year grants), appropriate control and accounting mechanisms will be incorporated into the administrative control system. 31.4. Treatment of budgetary resources. For the purposes of budget execution, budgetary resources include: --new budget authority, --available unobligated balances at the beginning of the year, --reimbursements and other income (also known as offsetting collections credited to the appropriation or fund account), and --recoveries of prior year obligations. These amounts are presented on lines 1, 2, 3, 4 and 6 of the S.F. 132s, S.F. 133s, S.F. 142s, and S.F. 143s. The total budgetary resources (line 7) are net of the enacted rescissions, transfers, amounts not available pursuant to law, and amounts written off through administrative action. For specific guidance related to credit program requirements, see Part VI of this Circular. The system of apportionment provided in this Circular permits inclusion of anticipated amounts of indefinite appropriations that do not require further Congressional action (but not anticipated additional appropriations not yet enacted), reimbursements and other income, and recoveries in determining the amounts available for apportionment even if these amounts are not available for obligation. These anticipated amounts are presented on lines 1B, 3C, and 4B, respectively, on the S.F. 132s and S.F. 133s. If, during the period of apportionment, it is determined that material revisions need to be made to such estimates, reapportionment requests should be submitted (see section 44.4). The inclusion of anticipated amounts in determining the amounts available for apportionment in no way authorizes an agency to obligate or make expenditures in excess of the budgetary resources available for obligation from such sources at the time the obligation or expenditure is made. The amount apportioned for any appropriation or fund account that includes anticipated amounts will not be allotted unless there is reasonable assurance that such items will be collected and deposited to the credit of the appropriation or fund that incurred the obligation. The system of administrative control should, therefore, be designed to keep obligations and expenditures from exceeding apportionments and allotments or from exceeding budgetary resources available for obligation, whichever is smaller. In the case of reimbursable work involving goods and services provided to Federal Government accounts, budgetary resources available for obligation from reimbursements are comprised of earned reimbursements and unfilled customer's orders. An earned reimbursement is the amount representing orders that have been filled. As with an earned reimbursement, an unfilled order is available for obligation. It is emphasized that there must be an order and a valid obligation from the ordering account before such reimbursable work creates budgetary resources available for obligation. For example, an advance from a Federal Government account without an order does not constitute budgetary resources available for obligation. Throughout the year these amounts are adjusted to the extent that orders are filled, cancelled, or new orders received. In the case of reimbursable work involving goods and services provided to the public, including State and local governments, budgetary resources available for obligation are limited by the amount of the advance received by a Federal Government account. Reimbursements are comprised of earned reimbursements and unfilled customer's orders. An earned reimbursement is the amount representing orders that have been filled, provided that in the case of orders from the public, including State and local governments, the amount is limited by the amount of the advance received, by the Federal Government, and credited to the appropriate accounts. As with an earned reimbursement, an unfilled order is available for obligation, provided that in the case of orders from the public the amount is limited by the amount of the advance received. It is emphasized that receivables from the public, including State and local governments, are not budgetary resources and that an order must be accompanied by an advance. Throughout the year these amounts are adjusted to the extent that orders are filled, cancelled, or new orders received. Thus, at any one time, the amount of budgetary resources available for obligation from reimbursements can be calculated as the sum of: (a) Orders from other Federal Government accounts that represent valid obligations of the ordering account, whether or not accompanied by an advance; and (b) Orders from the public, including local and State governments, to the extent accompanied by an advance received and credited by the agency to the appropriate account. The budgetary resources available for obligation from reimbursements are presented on the various lines on the S.F. 132 and S.F. 133, as follows. Line 3A. Reimbursements and other income earned. This is the amount of filled customer's orders from another Federal Government account and from the public. (Orders from the public will be filled only to the extent accompanied by an advance paid to a Federal Government account, unless otherwise permitted by law.) Stated in accounting terms, this includes: (a) cash received as a reimbursement for orders that have been filled; (b) cash received as advances from the public or another Government account for an order that has been filled; or (c) an accounts receivable, but only to the extent that both of the following apply: (1) a valid obligation has been incurred against the ordering account; and (2) either the ordering account is a Federal account or there is specific authority in law to use an order from the public as a budgetary resource. Line 3B. Change in unfilled customer's orders. These are the increases or decreases (since the beginning of the fiscal year) in unfilled orders that are: (a) accompanied by an advance; or (b) without an advance, but only to the extent that both of the following apply: (1) a valid obligation has been incurred against the ordering account; and (2) the ordering account is either a Federal account or there is authority in law to use an order from the public as a budgetary resource. 31.5. Review and approval of fund control regulations. The checklist in Appendix B provides guidance for agency use in preparing draft regulations for approval by OMB. An original and three copies of the draft regulations, covering a proposed new system of fund control will be submitted to the Director of OMB for approval. In the case of a newly created agency, the proposed regulations will be submitted within 90 days after the establishment of such agency. The Director of OMB will indicate to the agency concerned the action taken within 90 days of receipt of the draft regulations. Agency fund control regulations are in effect only to the extent approved by OMB. The system of fund control should be reviewed periodically to determine whether improvements should be made. At a minimum, the system should be reviewed whenever OMB issues revised regulations or a reorganization occurs. Draft regulations, consistent with revised instructions by OMB or the new organization of the agency, should be submitted to OMB. In addition, the occurence of an Antideficiency Act violation may indicate a need to strengthen system safeguards. Requirements For Reporting Antideficiency Act Violations 32.1. Adverse personnel actions and penalties. In accordance with 31 U.S.C. 1349 and 1518, an officer or employee violating 31 U.S.C. 1341(a) or 1517(a) shall be subject to appropriate administrative discipline, including--when circumstances warrant--a written reprimand, suspension from duty without pay, or removal from office. In addition, in accordance with 31 U.S.C. 1350 and 1519 an officer or employee convicted of willfully and knowingly violating 31 U.S.C. 1341(a), 1342, or 1517(a) shall be fined not more than $5,000, imprisoned for not more than 2 years, or both. 32.2. Requirements to report Antideficiency Act violations. The agency head will furnish to the President, through the Director of OMB, and to the Congress, information on Antideficiency Act violations of the following character: (1) Overobligation or overexpenditure of an appropriation or fund. This is any case where an officer or employee of the United States has made or authorized an expenditure from or created or authorized an obligation against any appropriation or fund in excess of the amount available in the account. (31 U.S.C. 1341(a)) (2) Contract or obligation in advance of an appropriation. This is any case where an officer or employee of the United States has involved the Government in a contract or other obligation for the payment of money for any purpose in advance of appropriations made for such purpose, unless such contract or obligation is authorized by law. (31 U.S.C. 1341(a)) (3) Obligation and expenditure of funds required to be sequestered. This is any case where an officer or employee of the United States has made or authorized an expenditure or obligation of funds required to be sequestered under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. (31 U.S.C. 1341(a)) (4) Contract or obligation of funds required to be sequestered. This is any case where an officer or employee has involved the Government in a contract or other obligation for the payment of money required to be sequestered under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. (31 U.S.C. 1341(a)) (5) Acceptance of voluntary service. This is any case where an officer or employee of the United States has accepted voluntary service for the United States or employed personal services in excess of that authorized by law, except in cases of an emergency involving the safety of human life or the protection of property. As used above, the term "emergencies involving the safety of human life or the protection of property" does not include ongoing, regular functions of government, the suspension of which would not imminently threaten the safety of human life or the protection of property. (31 U.S.C. 1342) (6) Overobligation or overexpenditure of an apportionment or reapportionment. This is any case where an officer or employee of the United States has authorized or created an obligation or made an expenditure in excess of an apportionment or reapportionment. This includes adjustments that cause obligations in expired accounts that have not been merged to exceed the apportionment for the year in which such obligations were incurred. (31 U.S.C. 1517(a)) (7) Overobligation or overexpenditure of an allotment or suballotment. This is any case where an officer or employee of the United States has authorized or created an obligation or made an expenditure in excess of the amount permitted by the prescribed and approved agency fund control system. (31 U.S.C. 1517(a)) (8) Overobligation or overexpenditure of other administrative subdivisions of fund. Generally, the overobligation of other administrative subdivisions of funds e.g., operating budgets, allowances, financial plans, statutory limitations other than those found in the appropriation act and other than those defined as a statutory limitation in this Circular are violations of the Antideficiency Act only when it causes an overobligation or overexpenditure of an allotment, apportionment or appropriation unless the apportionment or agency's fund control regulations specify otherwise. (31 U.S.C. 1517(a)) Overobligation or overexpenditure of the following administrative divisions of funds are always violations of the Antideficiency Act: apportionments, allotments, and suballotments. Overobligation or overexpenditure of other administrative divisions of funds are violations of the Act only when so specified in the agency's fund control regulations or when the overobligation results in the overobligation of an apportionment, allotment, or suballotment. The overobligation of an allocation does not necessarily result in a violation of the Antideficiency Act unless either the allocation is separately apportioned, e.g., as a category B or in an attachment to the S.F. 132 (unless otherwise specified on the S.F. 132), or the agency fund control regulations specifies that an overobligation of the allocation automatically results in a violation of the Antideficiency Act. Violations involving subapportionments relating to allocation accounts will be reported through OMB to the President by the agency that administers the allocation account through the agency administering the parent account. Part VI contains instructions relating to Antideficiency Act violations in the case of credit programs. Part XI contains instructions relating to Antideficiency Act violations in the case of closed and expired accounts. 32.3. Contents of report to the President. The agency report to the President on an Antideficiency Act violation will be in the form of a letter (original and three copies), forwarded through the Director of OMB. A sample letter is provided in exhibit 32. The letter will set forth the following data, in the sequence outlined: (1) The title and Treasury symbol (including the fiscal year) of the appropriation or fund account, the amount involved for each violation, and the date on which the violation occurred. (2) The name and position of the officer(s) or employee(s) responsible for the violation. (3) All facts pertaining to the violation, including the type of violation (e.g., overobligation of an appropriation, overobligation of an apportionment, overobligation of an allotment or suballotment), the primary reason or cause, any statement from the responsible officer(s) or employee(s) with respect to any circumstances believed to be extenuating, and any germane report by the agency's Inspector General and/or the agency's counsel. (4) A statement of the administrative discipline imposed and any further action(s) taken with respect to the officer(s) or employee(s) involved in the violation. (5) In the case where an officer or employee is suspected of willfully and knowingly violating the Antideficiency Act, confirm that all information has been submitted to the Department of Justice for determination of whether further action is needed. (6) A statement regarding the adequacy of the system of administrative control prescribed by the head of the agency and approved by OMB, if such approval has been given. If the head of the agency determines a need for changes in the regulations, such proposals will be submitted as provided in section 31.5. (7) A statement of any additional action taken by, or at the direction of, the head of the agency, including any new safeguards provided to prevent recurrence of the same type of violation. (8) If another agency is involved, a statement concerning the steps taken to coordinate the report with the other agency. 32.4. Report to the Congress. The report to the Congress will be in the form of identical reports to the Speaker of the House of Representatives and the President of the Senate. If it is identical to the report to the President, a statement to this effect will be included in the report to the President. If it is not identical, one copy of the report to the Congress will be submitted to OMB with the report to the President. 32.5. Report on GAO findings. Reports to the President and the Congress should also be made on violations reported by the General Accounting Office in the connection with audits and investigations. In these cases, the report to the President will indicate whether the agency agrees that a violation occurred, and if so, it will contain an explanation as to why the violation was not discovered and previously reported by the agency. If the agency does not agree that a violation has occurred, the report to the President and to the Congress will explain the agency's position. 32.6. OMB-requested investigations and audits. Whenever OMB determines that a violation of the Antideficiency Act may have occurred, OMB may request that an investigation or audit be undertaken or conducted by the agency. In such cases, a report describing the results of the investigation or audit will be submitted to OMB through the head of the agency. If the report indicates that no violation of the Antideficiency Act has occurred, the agency head will so inform OMB and forward to OMB a copy of the report. If the report indicates that a violation of the Antideficiency Act has occurred, the agency head will report to the President and the Congress in accordance with sections 32.3 and 32.4, respectively as soon as possible. If the agency head does not agree that a violation has occurred, the report to the President and to the Congress will explain the agency's position. 32.7. Timing of reports by agency heads. The required reports to the President and to the Congress, signed by the head of the agency, will be made immediately after a violation becomes known.