PRIA, Government Policy, Made Personal

Summary

Do not spend or promise money unless there is an available appropriation or fund for it. Officials may not sign contracts that require payments before money is approved, unless another law allows it. They also may not use or promise money that must be sequestered under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985. One exception covers a corporation getting funds to make loans (not paid‑in capital) where the United States has no legal liability. If an appropriations lapse starts on or after December 22, 2018, employees (including officers) of the U.S. or certain D.C. public employers (D.C. Courts, Public Defender Service, and the D.C. government) who are furloughed must be paid for that time. Excepted employees who must work during the lapse must be paid for that work. Pay is at the normal rate and must be made as soon as possible after the lapse ends, and only if Congress enacts appropriations to end the lapse. Excepted employees may also use leave during the lapse and be paid for it at the same time.

Title 31, §1341

Money and Finance, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

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. § 3679(a), (d)(2)(last sentence related to spending and obligations); Mar. 3, 1905, ch. 1484, § 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, § 3, 34 Stat. 48; restated Sept. 6, 1950, ch. 896, § 1211, 64 Stat. 765. 1341(b)31:669(words after semicolon).Aug. 23, 1912, ch. 350, § 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.

Editorial Notes

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—Subsec. (a)(1). Pub. L. 116–1, § 2(1), in introductory provisions, substituted “Except as specified in this subchapter or any other provision of law, an officer” for “An officer”. Subsec. (c). Pub. L. 116–1, § 2(2), added subsec. (c). Subsec. (c)(2). Pub. L. 116–5 inserted “, and subject to the enactment of appropriations Acts ending the lapse” before period at end. 1990—Subsec. (a)(1)(C), (D). Pub. L. 101–508 added subpars. (C) and (D).

§1341 Limitations on Expending and Obligating Amounts