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What programs continue because of the Antideficiency Act and which are funded by mandatory spending?
Executive Summary
The Antideficiency Act bars federal agencies from obligating funds without appropriations but expressly permits continuing activities necessary to protect life, property, national security, or those authorized by permanent law; mandatory spending programs such as Social Security and Medicare continue because they are funded by statute, not annual appropriations [1] [2] [3]. Agencies publish contingency plans and use statutory exceptions, President’s authorities, and the “necessarily implied” doctrine to determine which functions and employees remain excepted during a lapse [4] [5].
1. What people are actually claiming — distilled and direct
Multiple claims converge on two core points: first, the Antideficiency Act prevents new obligations absent appropriations but contains exceptions that allow some work to continue; second, mandatory spending programs operate independently of the annual appropriations process and therefore continue during a funding lapse. Specific ancillary claims include that agencies themselves exercise discretion in labeling activities “essential,” that benefit disbursements under entitlement programs continue, and that certain discretionary programs may survive a lapse by virtue of statutory authorizations or advanced appropriations. These points are consistently reflected across the materials reviewed and are repeatedly cited as the legal basis for maintaining core benefits and critical operations during a shutdown [6] [1] [4] [7]. The synthesis of these claims establishes a binary operational reality: statutory entitlements keep paying, while most discretionary spending pauses unless covered by an exception [2] [5].
2. How the Antideficiency Act actually functions in practice
The Act prohibits obligations or expenditures in advance of or beyond appropriations, but it also outlines exceptions that agencies and legal counsel invoke during a lapse. The primary practical exceptions are payments and activities authorized by permanent law (mandatory programs), activities necessary to protect human life or safety, emergency circumstances, express statutory authorizations, and executive constitutional authorities. Agencies frequently rely on the “necessarily implied” continuation doctrine to support actions tied directly to authorized programs, such as processing benefit payments that statutory law requires. Contingency plans catalog “excepted” employees who must report to work without pay and non-excepted staff who are furloughed, reflecting legal assessments rather than political preference. This legal framework explains why agencies can keep specific functions running even when most discretionary activities halt [4] [5] [1].
3. Which programs continue because they are mandatory — the backbone that keeps paying
Mandatory spending programs are governed by permanent statute and do not require annual appropriations to disburse benefits, so Social Security, Medicare, Medicaid, veterans’ compensation, and similar entitlements continue through a funding lapse. These programs’ funding streams are established by law and are routinely classified as not dependent on the annual appropriations cycle; agencies responsible for disbursing these benefits issue contingency procedures to ensure payments continue on schedule. The predictable outcome is that millions of beneficiaries continue receiving checks or benefits during a government funding lapse because the underlying statutes compel those outlays, not annual appropriations bills. This statutory status creates a reliable continuity for these programs regardless of appropriations negotiations [2] [8] [7].
4. What the Antideficiency Act permits to continue beyond mandatory spending — targeted exceptions and examples
Beyond mandatory programs, the Act and related guidance permit continuation of activities that protect life, property, and national security, as well as those covered by express statutory authorizations or advanced appropriations. Examples include law enforcement, national defense operations, emergency response, and benefit disbursement mechanisms tied to entitlements; agencies may also continue obligations “necessarily implied” by continued operations. Some discretionary programs may effectively continue if they are covered by other statutes or have advance appropriations, and federal highway funding is commonly cited as an exception where statutory authorizations allow continued work. Agencies’ choices reflect legal interpretations and operational priorities, not uniform policy, producing variation across departments in what remains active [6] [4] [2].
5. Where interpretations diverge, why details matter, and recent source dates
Differences in descriptions stem from emphasis: some summaries highlight statutory entitlements and contingency plans, while others stress legal limits and the need for agency discretion. The most recent overviews emphasize the same legal exceptions and agency contingency planning observed in earlier analyses; key sources with recent publication dates reiterate that mandatory programs continue and that agencies determine excepted activities (p1_s1 published 2025-10-10, [2] published 2025-09-29, [4] published 2025-10-03). Older, foundational explanations about the Act’s origin and history remain accurate and inform practice (p1_s2 2013, [9] 2018). The practical takeaway is straightforward: statutory entitlements and life-or-safety exceptions drive continuity, while most discretionary programs await Congress unless a specific statutory or emergency exception applies [3] [5].