As Jimmy Carter’s attorney general, Civiletti was asked for a legal opinion parsing out what exactly the federal bureaucracy is supposed to do when Congress doesn’t pass a budget by deadline. Congress had missed the mark many times before but the issue was becoming particularly urgent; in the four fiscal years from 1977 to 1980—every year of the Carter presidency to that point—Congress had failed to pass a budget on time. Remarkably, Civiletti determined that Carter’s request for a legal opinion on the matter “apparently represents the first instance in which this Department has been asked formally the address the problem as a matter of law.”
Civiletti based his opinion in the Antideficiency Act of 1870, enacted by Congress to stop the then-routine practice of agencies intentionally overspending, secure in the knowledge that Congress would eventually have to pick up the tab. Writes Civiletti, “On its face, the plain and unambiguous language of the Antideficiency Act prohibits an agency from incurring pay obligations once its authority to expend appropriations lapses.”
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