U.S. Code
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Title 31
» Subtitle SUBTITLE II— THE BUDGET PROCESS › Chapter CHAPTER 15— APPROPRIATION ACCOUNTING › Subchapter SUBCHAPTER I— GENERAL
31 U.S.C. § 1501
Documentary evidence requirement for Government obligations
(a) An amount shall be recorded as an obligation of the United States Government only when supported by documentary evidence of—(1) a binding agreement between an agency and another person (including an agency) that is—(A) in writing, in a way and form, and for a purpose authorized by law; and(B) executed before the end of the period of availability for obligation of the appropriation or fund used for specific goods to be delivered, real property to be bought or leased, or work or service to be provided;(2) a loan agreement showing the amount and terms of repayment;(3) an order required by law to be placed with an agency;(4) an order issued under a law authorizing purchases without advertising—(A) when necessary because of a public exigency;(B) for perishable subsistence supplies; or(C) within specific monetary limits;(5) a grant or subsidy payable—(A) from appropriations made for payment of, or contributions to, amounts required to be paid in specific amounts fixed by law or under formulas prescribed by law;(B) under an agreement authorized by law; or(C) under plans approved consistent with and authorized by law;(6) a liability that may result from pending litigation;(7) employment or services of persons or expenses of travel under law;(8) services provided by public utilities; or(9) other legal liability of the Government against an available appropriation or fund.(b) A statement of obligations provided to Congress or a committee of Congress by an agency shall include only those amounts that are obligations consistent with subsection (a) of this section.(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 927.)In subsection (a), before clause (1), the words “After August 26, 1954” are omitted as executed. In clause (1), the words “an agency and another person (including an agency)” are substituted for “the parties thereto, including Government agencies” for clarity. In clause (2), the word “valid” is omitted as unnecessary. In clause (6), the words “brought under authority of law” are omitted as surplus. In clause (9), the word “legally” is omitted as surplus.
In subsection (b), the words “consistent with” are substituted for “as defined in” for clarity and for consistency with section 1108 of the revised title. The word “valid” is omitted as unnecessary.
Notes of Decisions
Lublin Corp. v. United States, 84 Fed. Cl. 678 (Fed. Cl. 2008).
· cites it 9× “As a second ground for dismissal, defendant returns to its roots in contending that, under a narrowing construction of 31 U.S.C. § 1501 (a), unwritten agreements between the United States and other persons are unenforceable under the Tucker Act.”
Withers v. Teachers'Ret. Sys., Etc., 447 F. Supp. 1248 (S.D.N.Y. 1978).
· cites it 2× “Furthermore, the statutory classification clearly satisfies the standard of rationality for purposes of Fifth Amendment due process in that the preservation of the tax-exempt status of the City’s pension funds was an essential link in federal efforts to insure the fiscal…”
Bullock v. United States, 10 F.4th 1317 (Fed. Cir. 2021).
· cites it 2× “There is no generally applicable federal statute of frauds, and the government concedes that 31 U.S.C. § 1501 does not bar the claim. Section 1501, as pertinent here, states: An amount shall be recorded as an obligation of the United States Government only when supported by…”
United States Ex Rel. Bauchwitz v. Holloman, 671 F. Supp. 2d 674 (E.D. Pa. 2009).
· cites it 2× “31 U.S.C.A. § 1501 (a). For grants, an amount is an obligation when it is supported by documentary evidence that it is payable: (A) from appropriations made for payment of, or contributions to, amounts required to be paid in specific amounts fixed by law or under formulas…”
Al-Kurdi v. United States, 25 Cl. Ct. 599 (Ct. Cl. 1992).
· cites it 2× “The language of 31 U.S.C. § 1501 (a) (1988) appears to preclude an oral contract with the United States: An amount shall be recorded as an obligation of the United States Government only when supported by documentary evidence of— (1) a binding agreement between an agency and…”
State of New York v. Trump, 133 F.4th 51 (1st Cir. 2025).
“See 31 U.S.C. § 1501 (a)(1), (5) (including, within the scope of the obligation-reporting requirement, funds payable under grant awards, whether fixed by law or under an agreement, and other binding agreements); see also GAO Redbook at 7-40 to -42 (explaining that a grant…”
Prestex, Inc. v. United States, 3 Cl. Ct. 373 (Ct. Cl. 1983).
“Plaintiffs appeal from that decision was timely, as its appeal was filed within 2 years of that decision. . To the extent that plaintiffs contract claim is based on an express oral contract, it fails on the additional ground that it violated the statutory requirements tht an…”
Ne. Constr., Inc. v. United States, 119 Fed. Cl. 596 (Fed. Cl. 2015).
“”); see also 31 U.S.C. § 1501 (a)(1)(A) (2012) (“An amount shall be recorded as an obligation of the United States Government only when supported by documentary evidence of a binding agreement between an agency and another person .”
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