Title 31 — Money and Finance
Chapter 13 — Appropriations
§ 1341. Limitations on expending and obligating amounts
Statutory text
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—
make or authorize an expenditure or obligation exceeding an amount available in an appropriation or fund for the expenditure or obligation;
involve either government in a contract or obligation for the payment of money before an appropriation is made unless authorized by law;
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
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.
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.
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.
In this subsection—
the term “covered lapse in appropriations” means any lapse in appropriations that begins on or after ;
the term “District of Columbia public employer” means—
the District of Columbia Courts;
the Public Defender Service for the District of Columbia; or
the District of Columbia government;
the term “employee” includes an officer; and
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.
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.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 97–258 · 96 Stat. 923
Enacted · 31 U.S.C. § 1341
Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 923
Source evidence
Code source credit
Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 923Omnibus Budget Reconciliation Act of 1990
Pub. L. 101–508 title XIII § 13213(a) · 104 Stat. 1388
Added · 31 U.S.C. § 1341(a)(1)(C); 31 U.S.C. § 1341(a)(1)(D)
Pub. L. 101–508 added subpars. (C) and (D)
Source evidence
Code amendment note
Subsec. (a)(1)(C), (D). Pub. L. 101–508 added subpars. (C) and (D).Enacted provision · exact public law section
(a) Limitations on Expending and Obligating.— Section 1341(a)(1) of title 31, United States Code, is amended— (1) in subparagraph (A), by striking the final word “or”; (2) in subparagraph (B), by striking the final period and inserting a semicolon; and (3) by adding at the end the following new subparagraphs: “(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.”.Pub. L. 116–1 § 2(1) · 133 Stat. 3
Substituted · 31 U.S.C. § 1341(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”
Unresolved: Pub. L. 116–1 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
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”.Pub. L. 116–1 § 2(2) · 133 Stat. 3
Added · 31 U.S.C. § 1341(c)
Pub. L. 116–1, § 2(2), added subsec. (c)
Unresolved: Pub. L. 116–1 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (c). Pub. L. 116–1, § 2(2), added subsec. (c).Further Additional Continuing Appropriations Act, 2019
Pub. L. 116–5 § 103 · 133 Stat. 10
Inserted · 31 U.S.C. § 1341(c)(2)
Pub. L. 116–5 inserted “, and subject to the enactment of appropriations Acts ending the lapse” before period at end
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 116–5 inserted “, and subject to the enactment of appropriations Acts ending the lapse” before period at end.Enacted provision · exact public law section
Sec. 103. Subsection (c)(2) of section 1341 of title 31, United States Code, is amended by inserting “, and subject to the enactment of appropriations Acts ending the lapse” before the period.
2 of 5 references resolved to an enrolled provision · 1 partial · 2 unresolved
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Revised Section | Source (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.
Amendments1990–2019 · 2 rounds
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).
Credits
1982–2019 · 4 acts
- 1982Pub. L. 97–258, , 96 Stat. 923
- 1990Pub. L. 101–508, title XIII, § 13213(a), , 104 Stat. 1388–621
- 2019Pub. L. 116–1, § 2, , 133 Stat. 3
- 2019Pub. L. 116–5, § 103, , 133 Stat. 11.
Show as published
(Pub. L. 97–258, , 96 Stat. 923; Pub. L. 101–508, title XIII, § 13213(a), , 104 Stat. 1388–621; Pub. L. 116–1, § 2, , 133 Stat. 3; Pub. L. 116–5, § 103, , 133 Stat. 11.)