Chapter 5

Other 31 USC 1341 Violations

The previous chapter explained the basic provisions of 31 USC 1341, in particular the prohibition against agencies obligating or disbursing funds in excess of or in advance of an appropriation. This prohibition has other related ramifications. This chapter will discuss some of them, such as the prohibitions against unlimited indemnification and exceeding specific limitations and earmarks. Notable exceptions to the Antideficiency Act also will be discussed in this chapter.

INDEMNIFICATION AGREEMENTS

26. What is an indemnification agreement?

Under an indemnification agreement, one party to the agreement—the government, for Antideficiency Act purposes—promises to cover another party’s losses. The federal government ...

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