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31 USC § 1341 - Antideficiency Act (Limitations on Expending and Obligating Amounts)

31 USC § 1341 (originally enacted in 1870 as the Antideficiency Act, with substantial amendments in the Public Works Appropriation Act of 1957 and…

What 31 USC § 1341 - Antideficiency Act (Limitations on Expending and Obligating Amounts) requires

31 USC § 1341 (originally enacted in 1870 as the Antideficiency Act, with substantial amendments in the Public Works Appropriation Act of 1957 and recodified by Pub. L. 97-258 in 1982) prohibits federal officers and employees from incurring obligations or making expenditures in advance of, or in excess of, the available appropriation: subsection (a)(1)(A) prohibits making or authorizing an expenditure or obligation exceeding an amount available in an appropriation or fund; subsection (a)(1)(B) prohibits involving the Government in a contract or obligation for payment of money before an appropriation is made unless authorized by law; subsection (b) addresses apportionment restrictions preventing circumvention through use of other appropriated funds; violations are subject to administrative discipline up to removal from office under § 1349, and willful and knowing violations are criminal misdemeanors under § 1350 with penalties up to two years imprisonment and $5,000 fine; the Antideficiency Act is the foundational restriction on federal spending and shapes every federal procurement contract through the 'subject to availability of funds' clauses; OMB Circular A-11 Part 4 administers the apportionment process; GAO publishes Antideficiency Act violations annually as required by § 1351.

Pillar: Public Sector & Government Procurement · Authority: United States Congress (Antideficiency Act, originally enacted 1870; substantially amended by Public Works Appropriation Act 1957; recodified into 31 USC Subtitle III Chapter 13 Subchapter II by Pub. L. 97-258, 13 September 1982) · Version: 1.0.0 · Last updated:

Primary source: https://www.law.cornell.edu/uscode/text/31/1341

SHA-256 integrity: 5aeb412bdb82088ae78494f90b2a35d47edd28489812bb18e61aa59a9720e6ec

Primary Citations — 5 traced to source

  • 31 USC § 1341(a)(1)(A) PROHIBITION ON OBLIGATION EXCEEDING APPROPRIATION: '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'
  • 31 USC § 1341(a)(1)(B) PROHIBITION ON OBLIGATION BEFORE APPROPRIATION: 'An officer or employee of the United States Government or of the District of Columbia government may not involve either government in a contract or obligation for the payment of money before an appropriation is made unless authorized by law'

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