Notes criminal and administrative penalties for violating appropriations laws and requests that inspectors general report violations
NASHVILLE, TN—United States Senator Bill Hagerty (R-TN), a member of the Senate Appropriations Committee, wrote 19 Biden cabinet officials reminding them of statutory obligations restricting transfers or reprogramming of funds and changes to programs or activities during the transition to the Trump Administration, including any such measures designed to hinder or limit the newly elected Administration.
Hagerty noted the specific provisions of the Consolidated Appropriations Act, 2024 (Public Law 118-42) and Further Consolidated Appropriations Act, 2024 (Public Law 118-47), which were recently extended by the Continuing Appropriations and Extensions Act, 2025 (Public Law 118-83), that apply to each executive branch department. He also noted that the Antideficiency Act imposes criminal and administrative sanctions on federal employees who obligate or expend federal funds in violation of appropriations laws.
“As the Biden Administration works to transfer the power and authorities of the President of the United States and the Executive Branch in a timely, transparent, and lawful manner, adherence to these legal obligations is imperative,” Hagerty wrote.
Hagerty separately wrote the inspectors general of each department reminding them of the same statutory transfer-of-funds-authority and change-of-program restrictions and requested that they monitor and report on Biden Administration compliance, including by “submit[ting] a report to Congress to assess the extent to which the [applicable department] complied with these requirements under appropriations laws, including all instances in which the Department failed to comply.”
Copies of the letters to the respective cabinet officials can be found below, and the text of an example is also included below:
Environmental Protection Agency
Department of Health and Human Services
Department of Homeland Security
Department of Housing and Urban Development
Office of Management and Budget
U.S. Agency for International Development
Department of Veterans Affairs
Copies of the letters to the respective inspectors general can be found below, and the text of an example is also included below:
Environmental Protection Agency
Department of Health and Human Services
Department of Homeland Security
Department of Housing and Urban Development
U.S. Agency for International Development
Department of Veterans Affairs
Example of Letter to Office of Management and Budget Director Shalanda D. Young:
Dear Director Young:
As we move into a presidential transition period, I write today to remind you of your statutory transfer-of-funds-authority and change-of-program requirements under the Consolidated Appropriations Act, 2024 (Public Law 118-42) and Further Consolidated Appropriations Act, 2024 (Public Law 118-47), which will continue to apply with the same force during the transition. Compliance with these requirements must be a priority for the outgoing administration, given the criminal and administrative consequences of failing to do so.
As you know, the federal government is currently operating on a continuing resolution, the Further Continuing Appropriations and Extensions Act, 2025 (Public Law 118-83), which extends the requirements of Public Laws 118-42 and 118-47 through December 20, 2024.
The appropriations acts in Public Law 118-47, which specifically covers the Office of Management and Budget, contain numerous limitations on transferring funds or altering programs or activities, including but not limited to Section 608 of Division B, which details very specific instructions and limitations regarding transfers of funds between agencies and accounts not otherwise permitted by applicable appropriations laws, changes to programs, projects, or activities, reprogramming of funds, and advance notice to Congress in the case of significant funding allocations. More broadly, as the official who oversees budgetary and spending matters across the Executive Branch, it is imperative that you ensure compliance from all departments and agencies with the similar requirements in Public Laws 118-42 and 118-47 that specifically limit funding transfers and reprogramming, as well as changes to programs and activities, by each such entity.
Federal law requires compliance with these requirements. The Antideficiency Act, 31 U.S.C. §§ 1341 and 1517, prohibits federal employees from obligating or expending federal funds in violation of appropriations laws. Federal employees who violate the Antideficiency Act are subject to both administrative and criminal sanctions, including suspension from duty without pay, removal from office, and fines, imprisonment, or both.
As the Biden Administration works to transfer the power and authorities of the President of the United States and the Executive Branch in a timely, transparent, and lawful manner, adherence to these legal obligations is imperative. Please let me know if I can provide any additional information, assistance, or oversight that may be helpful.
Example of Letter to State Department Inspector General Cardell K. Richardson, Sr.:
Dear Inspector General Richardson:
As we move into a presidential transition period, I wrote to Secretary of State Antony J. Blinken on November 4, 2024, to: (1) remind him of his statutory transfer-of-funds-authority and change-of-program requirements under the Further Consolidated Appropriations Act, 2024 (Public Law 118-47), which were extended by the Continuing Appropriations and Extensions Act, 2025 (Public Law 118-83), and which will continue to apply with the same force during the transition; and (2) reiterate that compliance with these requirements must be a priority for the outgoing administration, given the criminal and administrative consequences of failing to do so. (See attachment.)
I therefore request that, after January 20, 2025, your Office of the Inspector General submit a report to Congress to assess the extent to which the Department of State complied with these requirements under appropriations laws, including all instances in which the Department failed to comply.
As the Biden Administration works to transfer the power and authorities of the President of the United States and the Executive Branch in a timely, transparent, and lawful manner, adherence to these legal obligations is imperative. Please let me know if I can provide any additional information, assistance, or oversight that may be helpful.
Sincerely,
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