§1341 — Title 31 Money and Finance | U.S. Code

Summary

Government officers and employees must not spend or promise money beyond what an appropriation or fund allows. They also must not enter contracts that commit payment before Congress provides money, and they must not spend or promise funds that must be sequestered under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985. One exception is for a corporation that gets money to make loans (not paid-in capital) when the United States is not legally liable. An item a DC executive department could buy from its regular contingent fund may not be bought from another available fund. Covered lapse definitions: a "covered lapse in appropriations" starts on or after December 22, 2018; a "District of Columbia public employer" means the DC Courts, the Public Defender Service for DC, or the DC government; "employee" includes officers; "excepted employee" means an excepted or emergency worker as defined by OPM or the DC employer. If a covered lapse forces federal or those DC employees to be furloughed, they must be paid for the lapse period, and excepted employees who work must be paid for that work, at their normal pay rate as soon as possible after the lapse ends, regardless of scheduled pay days, but only if appropriation laws are later enacted to end the lapse. Excepted employees may also use leave 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