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U.S. Code, 31 U.S.C. § 1341. Limitations on expending and obligating amounts
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Codified Statutes
  1. U.S. Code
  2. TITLE 31 — MONEY AND FINANCE
  3. SUBTITLE II — THE BUDGET PROCESS(§§ 1101 to 1558)
  4. CHAPTER 13 — APPROPRIATIONS(§§ 1301 to 1355)
  5. SUBCHAPTER III — LIMITATIONS, EXCEPTIONS, AND PENALTIES(§§ 1341 to 1355)

31 U.S.C. § 1341. Limitations on expending and obligating amounts

(a)
(1)
Except as specified in this subchapter or any other provision of law, an officer or employee of the United States Government or of the District of Columbia government may not-
(A)
make or authorize an expenditure or obligation exceeding an amount available in an appropriation or fund for the expenditure or obligation;
(B)
involve either government in a contract or obligation for the payment of money before an appropriation is made unless authorized by law;
(C)
make or authorize an expenditure or obligation of funds required to be sequestered under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985; or
(D)
involve either government in a contract or obligation for the payment of money required to be sequestered under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985.
(2)
This subsection does not apply to a corporation getting amounts to make loans (except paid in capital amounts) without legal liability of the United States Government.
(b)
An article to be used by an executive department in the District of Columbia that could be bought out of an appropriation made to a regular contingent fund of the department may not be bought out of another amount available for obligation.
(c)
(1)
In this subsection-
(A)
the term "covered lapse in appropriations" means any lapse in appropriations that begins on or after December 22, 2018;
(B)
the term "District of Columbia public employer" means-
(i)
the District of Columbia Courts;
(ii)
the Public Defender Service for the District of Columbia; or
(iii)
the District of Columbia government;
(C)
the term "employee" includes an officer; and
(D)
the term "excepted employee" means an excepted employee or an employee performing emergency work, as such terms are defined by the Office of Personnel Management or the appropriate District of Columbia public employer, as applicable.
(2)
Each employee of the United States Government or of a District of Columbia public employer furloughed as a result of a covered lapse in appropriations shall be paid for the period of the lapse in appropriations, and each excepted employee who is required to perform work during a covered lapse in appropriations shall be paid for such work, at the employee's standard rate of pay, at the earliest date possible after the lapse in appropriations ends, regardless of scheduled pay dates, and subject to the enactment of appropriations Acts ending the lapse.
(3)
During a covered lapse in appropriations, each excepted employee who is required to perform work shall be entitled to use leave under chapter 63 of title 5, or any other applicable law governing the use of leave by the excepted employee, for which compensation shall be paid at the earliest date possible after the lapse in appropriations ends, regardless of scheduled pay dates.

Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 923; Pub. L. 101-508, title XIII, Sec. 13213(a), Nov. 5, 1990, 104 Stat. 1388-621. Pub. L. 116-1, Sec. 2, Jan. 16, 2019, 133 Stat. 3. Pub. L. 116-5, Sec. 103, Jan. 25, 2019, 133 Stat. 11.

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large)
1341(a)31:665(a), (d)(2)(last sentence related to spending and obligations).R.S. Sec. 3679(a), (d)(2)(last sentence related to spending and obligations); Mar. 3, 1905, ch. 1484, Sec. 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, Sec. 3, 34 Stat. 48; restated Sept. 6, 1950, ch. 896, Sec. 1211, 64 Stat. 765.
1341(b)31:669(words after semicolon).Aug. 23, 1912, ch. 350, Sec. 6(words after semicolon), 37 Stat. 414.
In subsection (b), the words "another amount available for obligation" are substituted for "any other fund" for consistency in the revised title.

REFERENCES IN TEXT

Section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (a)(1)(C), (D), is classified to section 902 of Title 2, The Congress.

AMENDMENTS

2019-Pub. L. 116-5 Sec. 103, amended Par. (c)(2) by inserting ", and subject to the enactment of appropriations Acts ending the lapse" before the "."
2019-Pub. L. 116-1Sec. 2(1), amended Par. (a)(1) by replacing "An officer" with "Except as specified in this subchapter or any other provision of law, an officer"
Pub. L. 116-1Sec. 2(2), added subsection (c).
1990-Subsec. (a)(1)(C), (D). Pub. L. 101-508 added subpars. (C) and (D).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1349, 1350, 1351 of this title; title 2 section 60a-2; title 5 section 5306; title 8 section 1363a; title 16 sections 450ss-4, 698v-4, 754c; title 19 section 2081; title 20 section 1225; title 22 sections 277d-3, 1461b, 2295b, 5857; title 26 section 7608; title 33 section 891d; title 40 section 490e; title 42 sections 2204, 2204a, 2210, 2295, 2394, 9619; title 43 section 377b; title 49 sections 40110, 40111, 40112; title 50 section 403f.

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