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Office of Management and Budget—Regulatory Review Activities during the Fiscal Year 2019 Lapse in Appropriations

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Highlights

During the fiscal year 2019 lapse in appropriations, the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB) incurred obligations to review Department of Labor regulatory materials. OIRA lacked available budget authority to support these activities and no exception to the Antideficiency Act permitted OIRA to incur these obligations. Therefore, OMB violated the Antideficiency Act. OMB must report the violation as required by 31 U.S.C. § 1351, and describe actions taken to prevent recurring violations in the event of future funding lapses. With this decision, we will consider such violations in the future to be knowing and willful violations of the Act.

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Shirley A. Jones
Managing Associate General Counsel
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Sarah Kaczmarek
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