Principles of Federal Appropriations Law - US Government ...

Chapter 1
Introduction
The permanent funding statutes, found mostly in Title 31 of the United
States Code, are designed to combat these and other abuses. They did not
spring up overnight, but have evolved over the span of nearly more than
two centuries. Nevertheless, when viewed as a whole, they form a logical
pattern. We may regard them as pieces of a puzzle that fit together to form
the larger picture of how Congress exercises its control “power of the
purse.” Some of the key statutory directives in this scheme, each of which
is discussed elsewhere in this publication, are:
A statute will not be construed as making an appropriation unless it
expressly so states. 31 U.S.C. § 1301(d).
Agencies may not spend, or commit themselves to spend, in advance of
or in excess of appropriations. 31 U.S.C. § 1341 (Antideficiency Act).
Appropriations may be used only for their intended purposes. 31 U.S.C.
§ 1301(a) (“purpose statute”).
Appropriations made for a definite period of time may be used only for
expenses properly incurred during that time. 31 U.S.C. § 1502(a) (“bona
fide needs” statute).
Unless authorized by law, an agency may not keep money it receives
from sources other than congressional appropriations, but must
deposit the money in the Treasury. 31 U.S.C. § 3302(b) (“miscellaneous
receipts” statute).
The second part of article I, section 9, clause 7 of the Constitution requires
that—
“a regular Statement and Account of the Receipts and
Expenditures of all public Money shall be published from
time to time.”
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