Expenditures and Obligations Under the Anti-Deficiency Act

Cross reference(s):

JM 3-8.100 et seq.

;

3-8.300 et seq.

;

3-8.600 et seq.

;

4-1.310

;

4-1.410

;

4-1.600

;

4-10.100

;

5-5.230

;

5-12.111

;

5-12.613

The Anti-Deficiency Act states, inter alia, that the government may not: (1) make or authorize an expenditure exceeding an appropriation; or, (2) involve the government in a contract for money before an appropriation is made, unless authorized by law. 31 U.S.C. § 1341(a).  In addition to the plain language of the two preceding prohibitions, this also means that employees may not contract or obligate the United States Attorneys’ appropriation for services to be performed outside of the current fiscal year, absent explicit statutory authority.

Attorneys should be particularly mindful of this restriction if they are contemplating entering into any consent decree. Please ensure that the terms of the consent decree DO NOT obligate the government to expend funds beyond the purpose, time or amount of the office’s available resources. If a USAO needs an exception to this restriction, the Office must consult with and obtain prior approval from EOUSA before executing the agreement.

Advance notification will give EOUSA the ability to review the feasibility and legality of such expenses and an opportunity to consult with Department of Justice officials and Congress to obtain approval.

This restriction does not apply to each United States Attorney’s delegated authority to settle civil cases up to $1,000,000 paid out of the Judgment Fund. See 28 C.F.R. § 0.168.

[updated February 2018] [cited in

JM 3-1.200

]