Title 31Money and FinanceRelease 119-73

§1347 Appropriations or authorizations required for agencies in existence for more than one year

Title 31 › Subtitle SUBTITLE II— - THE BUDGET PROCESS › Chapter CHAPTER 13— - APPROPRIATIONS › Subchapter SUBCHAPTER III— - LIMITATIONS, EXCEPTIONS, AND PENALTIES › § 1347

Last updated Apr 6, 2026|Official source

Summary

An agency that has existed more than one year must not spend money it otherwise could use unless a specific law gives it money or specifically allows it to spend. If its main duties are basically the same as an agency set up earlier by executive order, the later agency is treated as if it has existed since the earlier agency’s start date. Unless a law specifically allows it, no other agency may use its available funds to carry out the same main duties and powers of an agency that is barred from spending under these rules.

Full Legal Text

Title 31, §1347

Money and Finance — Source: USLM XML via OLRC

(a)An agency in existence for more than one year may not use amounts otherwise available for obligation to pay its expenses without a specific appropriation or specific authorization by law. If the principal duties and powers of the agency are substantially the same as or similar to the duties and powers of an agency established by executive order, the agency established later is deemed to have been in existence from the date the agency established by the order came into existence.
(b)Except as specifically authorized by law, another agency may not use amounts available for obligation to pay expenses to carry out duties and powers substantially the same as or similar to the principal duties and powers of an agency that is prohibited from using amounts under this section.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 1347(a)31:696(1st, 2d sentences).June 27, 1944, ch. 286, § 213, 58 Stat. 387. 1347(b)31:696(last sentence). In the section, the word “agency” is substituted for “agency or instrumentality” because of section 101 of the revised title and for consistency. The words “amounts otherwise available for obligation” are substituted for “any appropriation or fund made available by this or any other Act”, and the words “duties and powers” are substituted for “functions”, for consistency in the revised title. In subsection (a), the words “After January 1, 1945” are omitted as executed. The words “including those established by Executive order” are omitted the first time they appear as surplus. The words “from the date . . . came into existence” are substituted for “during the existence” for clarity. In subsection (b), the word “amounts” is substituted for “appropriations” for consistency in the revised title.

Reference

Citations & Metadata

Citation

31 U.S.C. § 1347

Title 31Money and Finance

Last Updated

Apr 6, 2026

Release point: 119-73