What Anti-Deficiency Act - 31 USC 1341 Prohibition on Obligations Exceeding Appropriations requires
Section 1341 of title 31 of the United States Code, the operative core of the Anti-Deficiency Act, prohibits any officer or employee of the United States government or the District of Columbia from making or authorising an expenditure or obligation exceeding the amount available in an appropriation or fund for the expenditure or obligation, from involving either government in a contract or other obligation for the payment of money before an appropriation is made unless authorised by law, and from making an obligation or expenditure in violation of sequestration limits established under the Balanced Budget and Emergency Deficit Control Act. Section 1342 prohibits accepting voluntary services or employing personal services exceeding that authorised by law except where required to meet emergencies involving the safety of human life or the protection of property. Section 1349 imposes adverse personnel action including suspension without pay or removal for knowing and wilful violations. Section 1350 establishes criminal penalties of up to 5,000 USD fine or two years imprisonment for knowing and wilful violations. Section 1351 requires the executive head of the agency to report each violation in writing to the President, the Office of Management and Budget, the Comptroller General, and the relevant congressional committees. The Anti-Deficiency Act is the principal statutory restriction on executive branch obligations and is central to government shutdown planning, AI procurement contracting, multi-year contract scoping, and the disposition of unused balances at fiscal year end.
Pillar: Legal & IP Sovereignty · Authority: United States Congress (Office of the Law Revision Counsel) · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/link/uscode/31/1341
SHA-256 integrity: 7f73418745425ad5a995ebc3f46288c8a483376cb5cff983105ad80514ea9f60
Primary Citations — 8 traced to source
- 31 USC 1341 (Limitations on expending and obligating amounts) https://www.law.cornell.edu/uscode/text/31/1341
- Anti-Deficiency Act (codification at 31 USC 1341 et seq) consolidated 13 September 1982, Public Law 97-258
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