US (United States) Code. Title 31. Subtitle II: The Budget process. Chapter 15: Appropriation accounting

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Money and finance

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-CITE-

31 USC CHAPTER 15 - APPROPRIATION ACCOUNTING 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 15 - APPROPRIATION ACCOUNTING

-HEAD-

CHAPTER 15 - APPROPRIATION ACCOUNTING

-MISC1-

SUBCHAPTER I - GENERAL

Sec.

1501. Documentary evidence requirement for Government

obligations.

1502. Balances available.

1503. Comptroller General reports of amounts for which no

accounting is made.

SUBCHAPTER II - APPORTIONMENT

1511. Definition and application.

1512. Apportionment and reserves.

1513. Officials controlling apportionments.

1514. Administrative division of apportionments.

1515. Authorized apportionments necessitating deficiency or

supplemental appropriations.

1516. Exemptions.

1517. Prohibited obligations and expenditures.

1518. Adverse personnel actions.

1519. Criminal penalty.

SUBCHAPTER III - TRANSFERS AND REIMBURSEMENTS

1531. Transfers of functions and activities.

1532. Withdrawal and credit.

1533. Transfers of appropriations for salaries and expenses

to carry out national defense responsibilities.

1534. Adjustments between appropriations.

1535. Agency agreements.

1536. Crediting payments from purchases between executive

agencies.

1537. Services between the United States Government and the

District of Columbia government.

SUBCHAPTER IV - CLOSING ACCOUNTS

1551. Definitions; applicability of subchapter.

1552. Procedure for appropriation accounts available for

definite periods.

1553. Availability of appropriation accounts to pay

obligations.

1554. Audit, control, and reporting.

1555. Closing of appropriation accounts available for

indefinite periods.

1556. Comptroller General: reports on appropriation

accounts.

1557. Authority for exemptions in appropriation laws.

1558. Availability of funds following resolution of a formal

protest or other challenge.

AMENDMENTS

1996 - Pub. L. 104-106, div. E, title LV, Sec. 5502(c), Feb. 10,

1996, 110 Stat. 699, substituted "of a formal protest or other

challenge" for "of a protest" in item 1558.

1992 - Pub. L. 102-484, div. A, title X, Sec. 1054(e)(1), Oct.

23, 1992, 106 Stat. 2503, substituted "Definitions; applicability

of subchapter" for "Definitions and application" in item 1551 and

"Procedure for appropriation accounts available for definite

periods" for "Audit, control, and reporting" in item 1552.

1990 - Pub. L. 101-510, div. A, title XIV, Sec. 1405(a)(2), Nov.

5, 1990, 104 Stat. 1679, substituted "Audit, control, and

reporting" for "Procedure for appropriation accounts available for

definite periods" in item 1552 and for "Review of appropriation

accounts" in item 1554, "Closing of appropriation accounts

available" for "Withdrawal of unobligated balances of

appropriations" in item 1555, "General: reports" for "General

reports" in item 1556, and "Authority for exemptions in

appropriation laws" for "Authorization to exempt" in item 1557.

1989 - Pub. L. 101-189, div. A, title VIII, Sec. 813(b), Nov. 29,

1989, 103 Stat. 1494, added item 1558.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 12 sections 481, 1422b,

1467, 1772b, 1817; title 42 section 292a.

-End-

-CITE-

31 USC SUBCHAPTER I - GENERAL 01/06/03

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TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 15 - APPROPRIATION ACCOUNTING

SUBCHAPTER I - GENERAL

-HEAD-

SUBCHAPTER I - GENERAL

-End-

-CITE-

31 USC Sec. 1501 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 15 - APPROPRIATION ACCOUNTING

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 1501. Documentary evidence requirement for Government

obligations

-STATUTE-

(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.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 927.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1501(a) 31:200(a). Aug. 26, 1954, ch. 935, Sec.

1311(a), (e), 68 Stat. 830,

831.

1501(b) 31:200(e).

--------------------------------------------------------------------

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1108, 1502 of this title;

title 19 section 2345; title 22 section 2361; title 49 sections

5309, 47110.

-End-

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31 USC Sec. 1502 01/06/03

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TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 15 - APPROPRIATION ACCOUNTING

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 1502. Balances available

-STATUTE-

(a) The balance of an appropriation or fund limited for

obligation to a definite period is available only for payment of

expenses properly incurred during the period of availability or to

complete contracts properly made within that period of availability

and obligated consistent with section 1501 of this title. However,

the appropriation or fund is not available for expenditure for a

period beyond the period otherwise authorized by law.

(b) A provision of law requiring that the balance of an

appropriation or fund be returned to the general fund of the

Treasury at the end of a definite period does not affect the status

of lawsuits or rights of action involving the right to an amount

payable from the balance.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 928.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1502(a) 31:200(d). Aug. 26, 1954, ch. 935, Sec.

1311(d), 68 Stat. 831.

31:712a. July 6, 1949, ch. 299, Sec. 1,

63 Stat. 407.

1502(b) 31:665b. July 1, 1973, Pub. L. 93-52,

Sec. 111, 87 Stat. 134.

--------------------------------------------------------------------

Subsection (a) restates the source provisions to eliminate

unnecessary words and for consistency.

In subsection (b), the words "balance of an appropriation or

fund" are substituted for "unexpended funds" for clarity and

consistency in the revised chapter.

AVAILABILITY OF ENERGY AND WATER DEVELOPMENT APPROPRIATIONS LIMITED

TO FISCAL YEAR IN WHICH APPROPRIATED

Pub. L. 102-377, title V, Sec. 501, Oct. 2, 1992, 106 Stat. 1342,

provided that: "No part of any appropriation contained in this Act

or subsequent Energy and Water Development Appropriations Acts

shall remain available for obligation beyond the fiscal year

specified in such Acts therein unless expressly so provided

therein."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 19 section 2345; title 38

section 114; title 49 section 5309.

-End-

-CITE-

31 USC Sec. 1503 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 15 - APPROPRIATION ACCOUNTING

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 1503. Comptroller General reports of amounts for which no

accounting is made

-STATUTE-

The Comptroller General shall make a special report each year to

Congress on recommendations for changes in laws, that the

Comptroller General believes may be in the public interest, about

amounts -

(1) for which no accounting is made to the Comptroller General;

and

(2) that are in -

(A) accounts of the United States Government; or

(B) the custody of an officer or employee of the Government

if the Government is financially concerned.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 928.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1503 31:725w. June 26, 1934, ch. 756, Sec.

24, 48 Stat. 1236; Aug. 30,

1954, ch. 1076, Sec. 1(31), 68

Stat. 968.

--------------------------------------------------------------------

The words "shall cause a survey to be made" are omitted as

executed. The word "existing" is omitted as surplus.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which certain reporting requirements under this section are listed

on page 9), see section 3003 of Pub. L. 104-66, as amended, and

section 1(a)(4) [div. A, Sec. 1402(1)] of Pub. L. 106-554, set out

as notes under section 1113 of this title.

-End-

-CITE-

31 USC SUBCHAPTER II - APPORTIONMENT 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 15 - APPROPRIATION ACCOUNTING

SUBCHAPTER II - APPORTIONMENT

-HEAD-

SUBCHAPTER II - APPORTIONMENT

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 2 sections 60a-2, 661d;

title 5 section 5306; title 16 section 831n-4; title 22 sections

277d-3, 1461b; title 39 section 2003; title 42 sections 2204,

2204a, 2210, 2295, 2394, 10156, 10222.

-End-

-CITE-

31 USC Sec. 1511 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 15 - APPROPRIATION ACCOUNTING

SUBCHAPTER II - APPORTIONMENT

-HEAD-

Sec. 1511. Definition and application

-STATUTE-

(a) In this subchapter, "appropriations" means -

(1) appropriated amounts;

(2) funds; and

(3) authority to make obligations by contract before

appropriations.

(b) This subchapter does not apply to -

(1) amounts (except amounts for administrative expenses)

available -

(A) for price support and surplus removal of agricultural

commodities; and

(B) under section 32 of the Act of August 24, 1935 (7 U.S.C.

612c);

(2) a corporation getting amounts to make loans (except paid in

capital amounts) without legal liability on the part of the

United States Government; and

(3) the Senate, the House of Representatives, a committee of

Congress, a member, officer, employee, or office of either House

of Congress, or the Office of the Architect of the Capitol or an

officer or employee of that Office.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 928.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1511(a) 31:665(c)(1)(last R.S. Sec. 3679(c)(1)(last

sentence), sentence), (d)(2)(5th

(d)(2)(5th sentence, 6th sentence less

sentence). 1st-22d words, last sentence

related to price supports),

(f)(2); Mar. 3, 1905, ch.

1484, Sec. 4(1st par.), 33

Stat. 1257; Feb. 27, 1906, ch.

510, Sec. 3, 34 Stat. 48;

restated Sept. 6, 1950, ch.

896, Sec. 1211, 64 Stat. 765,

766, 767.

1511(b)( 31:665(d)(2)(6th

1) sentence less

1st-22d words).

1511(b)( 31:665(d)(2)(last

2) sentence related to

price supports).

1511(b)( 31:665(f)(2).

3)

--------------------------------------------------------------------

In subsection (a)(1), the words "appropriated amounts" are

substituted for "appropriations" for clarity. In clause (3), the

word "make" is substituted for "create" as being more precise. The

text of 31:665(d)(2)(5th sentence) is omitted as unnecessary

because of section 102 of the revised title.

In subsection (b), the word "amounts" is substituted for "funds"

for consistency in the revised title. In clause (1)(B), the words

"(7 U.S.C. 612c)" are substituted for "section 612(c) of title 7"

to correct an error in section 3679(d)(2)(6th sentence) of the

Revised Statutes. Clause (2) is substituted for the source

provisions for consistency in the revised title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 38 section 114.

-End-

-CITE-

31 USC Sec. 1512 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 15 - APPROPRIATION ACCOUNTING

SUBCHAPTER II - APPORTIONMENT

-HEAD-

Sec. 1512. Apportionment and reserves

-STATUTE-

(a) Except as provided in this subchapter, an appropriation

available for obligation for a definite period shall be apportioned

to prevent obligation or expenditure at a rate that would indicate

a necessity for a deficiency or supplemental appropriation for the

period. An appropriation for an indefinite period and authority to

make obligations by contract before appropriations shall be

apportioned to achieve the most effective and economical use. An

apportionment may be reapportioned under this section.

(b)(1) An appropriation subject to apportionment is apportioned

by -

(A) months, calendar quarters, operating seasons, or other time

periods;

(B) activities, functions, projects, or objects; or

(C) a combination of the ways referred to in clauses (A) and

(B) of this paragraph.

(2) The official designated in section 1513 of this title to make

apportionments shall apportion an appropriation under paragraph (1)

of this subsection as the official considers appropriate. Except as

specified by the official, an amount apportioned is available for

obligation under the terms of the appropriation on a cumulative

basis unless reapportioned.

(c)(1) In apportioning or reapportioning an appropriation, a

reserve may be established only -

(A) to provide for contingencies;

(B) to achieve savings made possible by or through changes in

requirements or greater efficiency of operations; or

(C) as specifically provided by law.

(2) A reserve established under this subsection may be changed as

necessary to carry out the scope and objectives of the

appropriation concerned. When an official designated in section

1513 of this title to make apportionments decides that an amount

reserved will not be required to carry out the objectives and scope

of the appropriation concerned, the official shall recommend the

rescission of the amount in the way provided in chapter 11 of this

title for appropriation requests. Reserves established under this

section shall be reported to Congress as provided in the

Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.).

(d) An apportionment or a reapportionment shall be reviewed at

least 4 times a year by the official designated in section 1513 of

this title to make apportionments.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 929.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1512(a) 31:665(c)(1)(1st R.S. Sec. 3679(c)(1)(1st

sentence), sentence), (3), (4); Mar. 3,

(4)(words after 1st 1905, ch. 1484, Sec. 4(1st

comma). par.), 33 Stat. 1257; Feb. 27,

1906, ch. 510, Sec. 3, 34

Stat. 48; restated Sept. 6,

1950, ch. 896, Sec. 1211, 64

Stat. 765, 766.

1512(b) 31:665(c)(3).

1512(c) 31:665(c)(2). R.S. Sec. 3679(c)(2); Mar. 3,

1905, ch. 1484, Sec. 4(1st

par.), 33 Stat. 1257; Feb. 27,

1906, ch. 510, Sec. 3, 34

Stat. 48; Sept. 6, 1950, ch.

896, Sec. 1211, 64 Stat. 765;

restated July 12, 1974, Pub.

L. 93-344, Sec. 1002, 88 Stat.

332.

1512(d) 31:665(c)(4)(words

before 1st comma).

--------------------------------------------------------------------

In subsection (a), the word "appropriation" is substituted for

"appropriations or funds" because of the definition of

"appropriation" in section 1511 of the revised title. The words "at

a rate" are substituted for "in a manner" for clarity. The words

"indefinite period" are substituted for "not limited to a definite

period of time" for consistency in the revised title. The words "An

apportionment may be reapportioned under this section" are

substituted for 31:665(c)(4)(words after 1st comma) to eliminate

unnecessary words.

In subsection (b)(1), before clause (A), the word "apportioned"

is substituted for "distributed" for consistency in the revised

section.

In subsections (b)(2) and (d), the word "official" is substituted

for "officer" for consistency in the revised title.

In subsection (c)(1)(C), the words "by law" are substituted for

"by particular appropriation Acts or other laws" to eliminate

unnecessary words.

In subsection (c)(2), the words "appropriation requests" are

substituted for "estimates of appropriations" for consistency with

chapter 11 of the revised title.

-REFTEXT-

REFERENCES IN TEXT

The Impoundment Control Act of 1974, referred to in subsec.

(c)(2), is parts A and B of title X of Pub. L. 93-344, July 12,

1974, 88 Stat. 332, as amended, which is classified principally to

subchapters I (Sec. 681) and II (Sec. 682 et seq.) of chapter 17B

of Title 2, The Congress. For complete classification of this Act

to the Code, see Short Title note set out under section 681 of

Title 2 and Tables.

-MISC2-

APPORTIONMENT OF FUNDS APPROPRIATED TO DISTRICT OF COLUMBIA

GOVERNMENT

Pub. L. 100-202, Sec. 101(c) [title I, Sec. 135], Dec. 22, 1987,

101 Stat. 1329-90, 1329-102, provided that: "Federal funds

hereafter appropriated to the District of Columbia government shall

not be subject to apportionment except to the extent specifically

provided by statute."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1513, 1515 of this title;

title 10 section 2201; title 40 section 322.

-End-

-CITE-

31 USC Sec. 1513 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 15 - APPROPRIATION ACCOUNTING

SUBCHAPTER II - APPORTIONMENT

-HEAD-

Sec. 1513. Officials controlling apportionments

-STATUTE-

(a) The official having administrative control of an

appropriation available to the legislative branch, the judicial

branch, the United States International Trade Commission, or the

District of Columbia government that is required to be apportioned

under section 1512 of this title shall apportion the appropriation

in writing. An appropriation shall be apportioned not later than

the later of the following:

(1) 30 days before the beginning of the fiscal year for which

the appropriation is available; or

(2) 30 days after the date of enactment of the law by which the

appropriation is made available.

(b)(1) The President shall apportion in writing an appropriation

available to an executive agency (except the Commission) that is

required to be apportioned under section 1512 of this title. The

head of each executive agency to which the appropriation is

available shall submit to the President information required for

the apportionment in the form and the way and at the time specified

by the President. The information shall be submitted not later than

the later of the following:

(A) 40 days before the beginning of the fiscal year for which

the appropriation is available; or

(B) 15 days after the date of enactment of the law by which the

appropriation is made available.

(2) The President shall notify the head of the executive agency

of the action taken in apportioning the appropriation under

paragraph (1) of this subsection not later than the later of the

following:

(A) 20 days before the beginning of the fiscal year for which

the appropriation is available; or

(B) 30 days after the date of enactment of the law by which the

appropriation is made available.

(c) By the first day of each fiscal year, the head of each

executive department of the United States Government shall

apportion among the major organizational units of the department

the maximum amount to be expended by each unit during the fiscal

year out of each contingent fund appropriated for the entire year

for the department. Each amount may be changed during the fiscal

year only by written direction of the head of the department. The

direction shall state the reasons for the change.

(d) An appropriation apportioned under this subchapter may be

divided and subdivided administratively within the limits of the

apportionment.

(e) This section does not affect the initiation and operation of

agricultural price support programs.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 930.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1513(a) 31:665(d)(1). R.S. Sec. 3679(d)(1),

(2)(1st-4th sentences, 6th

sentence 1st-22d words),

(g)(1st sentence); Mar. 3,

1905, ch. 1484, Sec. 4(1st

par.), 33 Stat. 1257; Feb. 27,

1906, ch. 510, Sec. 3, 34

Stat. 48; restated Sept. 6,

1950, ch. 896, Sec. 1211, 64

Stat. 766, 767; Reorg. Plan

No. 2 of 1970, eff. July 1,

1970, Sec. 102(a), 84 Stat.

2085; Jan. 3, 1975, Pub. L.

93-618, Sec. 175(a)(2), 88

Stat. 2011.

1513(b) 31:665(d)(2)(1st-

4th sentences).

1513(c) 31:669(words before Aug. 23, 1912, ch. 350, Sec.

semicolon). 6(words before semicolon), 37

Stat. 414.

1513(d) 31:665(g)(1st

sentence).

1513(e) 31:665(d)(2)(6th

sentence 1st-22d

words).

--------------------------------------------------------------------

In the section, the word "apportion" is substituted for

"apportionment or reapportionment" because of section 1512(a)(last

sentence) of the revised title.

In subsection (a), before clause (1), the word "official" is

substituted for "officer" for consistency in the revised title. The

words "judicial branch" are substituted for "judiciary", and the

words "District of Columbia government" are substituted for

"District of Columbia", for consistency.

In subsection (b), the word "President" is substituted for

"Director of the Office of Management and Budget", "Office of

Management and Budget", and "Director" because sections 101 and

102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84

Stat. 2085) designated the Bureau of the Budget as the Office of

Management and Budget and transferred all functions of the Bureau

to the President.

In subsection (b)(1), the words "(except the Commission)" are

added because the International Trade Commission is covered

specifically by the source provisions restated in subsection (a).

In subsection (b)(2), the words "head of the executive agency"

are substituted for "agency" as being more precise and because of

section 102 of the revised title.

In subsection (c), the words "In addition to the apportionment

required by section 665 of this title" are omitted as unnecessary

because of the restatement. The words "By the first day" are

substituted for "on or before the beginning", and the words "of the

United States Government" are added, for clarity. The words "major

organizational unit" are substituted for "office or bureau" for

consistency in the revised section. The word "changed" is

substituted for "increased or diminished" to eliminate unnecessary

words.

In subsection (e), the words "initiation and operation" are

substituted for "initiation, operation, and administration" to

eliminate unnecessary words.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1512, 1516 of this title;

title 16 section 470m; title 20 section 76j; title 40 section 322.

-End-

-CITE-

31 USC Sec. 1514 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 15 - APPROPRIATION ACCOUNTING

SUBCHAPTER II - APPORTIONMENT

-HEAD-

Sec. 1514. Administrative division of apportionments

-STATUTE-

(a) The official having administrative control of an

appropriation available to the legislative branch, the judicial

branch, the United States International Trade Commission, or the

District of Columbia government, and, subject to the approval of

the President, the head of each executive agency (except the

Commission) shall prescribe by regulation a system of

administrative control not inconsistent with accounting procedures

prescribed under law. The system shall be designed to -

(1) restrict obligations or expenditures from each

appropriation to the amount of apportionments or reapportionments

of the appropriation; and

(2) enable the official or the head of the executive agency to

fix responsibility for an obligation or expenditure exceeding an

apportionment or reapportionment.

(b) To have a simplified system for administratively dividing

appropriations, the head of each executive agency (except the

Commission) shall work toward the objective of financing each

operating unit, at the highest practical level, from not more than

one administrative division for each appropriation affecting the

unit.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 930.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1514(a) 31:665(g)(2d R.S. Sec. 3679(g)(2d

sentence). sentence); Mar. 3, 1905, ch.

1484, Sec. 4(1st par.), 33

Stat. 1257; Feb. 27, 1906, ch.

510, Sec. 3, 34 Stat. 48;

restated Sept. 6, 1950, ch.

896, Sec. 1211, 64 Stat. 767;

Reorg. Plan No. 2 of 1970,

eff. July 1, 1970, Sec.

102(a), 84 Stat. 2085; Jan. 3,

1975, Pub. L. 93-618, Sec.

175(a)(2), 88 Stat. 2011.

1514(b) 31:665(g)(last R.S. Sec. 3679(g)(last

sentence). sentence); added Aug. 1, 1956,

ch. 814, Sec. 3, 70 Stat. 783.

--------------------------------------------------------------------

In the section, the words "(except the Commission)" are added

because the International Trade Commission is covered specifically

by the source provisions restated in this section.

In subsection (a), the word "official" is substituted for

"officer" for consistency in the revised title. The words "judicial

branch" are substituted for "judiciary", and the words "District of

Columbia government" are substituted for "District of Columbia",

for consistency. The word "President" is substituted for "Director

of the Office of Management and Budget" because sections 101 and

102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84

Stat. 2085) designated the Bureau of the Budget as the Office of

Management and Budget and transferred all functions of the Bureau

to the President.

In subsection (b), the words "dividing" and "division" are

substituted for "subdivision" for consistency in the revised

section. The word "appropriations" is substituted for

"appropriations or funds" because of the definition of

"appropriation" in section 1511 of the revised title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1517 of this title; title

16 section 470m.

-End-

-CITE-

31 USC Sec. 1515 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 15 - APPROPRIATION ACCOUNTING

SUBCHAPTER II - APPORTIONMENT

-HEAD-

Sec. 1515. Authorized apportionments necessitating deficiency or

supplemental appropriations

-STATUTE-

(a) An appropriation required to be apportioned under section

1512 of this title may be apportioned on a basis that indicates the

need for a deficiency or supplemental appropriation to the extent

necessary to permit payment of such pay increases as may be granted

pursuant to law to civilian officers and employees (including

prevailing rate employees whose pay is fixed and adjusted under

subchapter IV of chapter 53 of title 5) and to retired and active

military personnel.

(b)(1) Except as provided in subsection (a) of this section, an

official may make, and the head of an executive agency may request,

an apportionment under section 1512 of this title that would

indicate a necessity for a deficiency or supplemental appropriation

only when the official or agency head decides that the action is

required because of -

(A) a law enacted after submission to Congress of the estimates

for an appropriation that requires an expenditure beyond

administrative control; or

(B) an emergency involving the safety of human life, the

protection of property, or the immediate welfare of individuals

when an appropriation that would allow the United States

Government to pay, or contribute to, amounts required to be paid

to individuals in specific amounts fixed by law or under formulas

prescribed by law, is insufficient.

(2) If an official making an apportionment decides that an

apportionment would indicate a necessity for a deficiency or

supplemental appropriation, the official shall submit immediately a

detailed report of the facts to Congress. The report shall be

referred to in submitting a proposed deficiency or supplemental

appropriation.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 931; Pub. L. 100-202,

Sec. 105, Dec. 22, 1987, 101 Stat. 1329-433.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1515(a) 31:665a. June 5, 1957, Pub. L. 85-48,

Sec. 210, 71 Stat. 55.

1515(b)( 31:665(e)(1). R.S. Sec. 3679(e)(1); Mar. 3,

1) 1905, ch. 1484, Sec. 4(1st

par.), 33 Stat. 1257; Feb. 27,

1906, ch. 510, Sec. 3, 34

Stat. 48; Sept. 6, 1950, ch.

896, Sec. 1211, 64 Stat. 767;

restated Aug. 28, 1957, Pub.

L. 85-170, Sec. 1401, 71 Stat.

440.

1515(b)( 31:665(e)(2). R.S. Sec. 3679(e)(2); Mar. 3,

2) 1905, ch. 1484, Sec. 4(1st

par.), 33 Stat. 1257; Feb. 27,

1906, ch. 510, Sec. 3, 34

Stat. 48; restated Sept. 6,

1950, ch. 896, Sec. 1211, 64

Stat. 767.

--------------------------------------------------------------------

In subsection (a), the words "On and after June 5, 1957" are

omitted as executed. The words "deficiency or supplemental

appropriation" are substituted for "supplemental or deficiency

estimate of appropriation" for consistency with chapter 11 of the

revised title. The words "prevailing rate employees whose pay is

fixed and adjusted under subchapter IV of chapter 53 of title 5"

are substituted for "those employees (commonly known as wage-board

employees) whose compensation is fixed and adjusted from time to

time in accordance with prevailing rates (5 U.S.C. 5102(c)(7), 5341

et seq.)" for consistency with title 5.

In subsection (b), the word "apportionment" is substituted for

"apportionment or reapportionment" because of section 1512(a)(last

sentence) of the revised title.

In subsection (b)(1), before clause (A), the words "Except as

provided in subsection (a) of this section" are added because of

the restatement. The word "appropriation" is substituted for

"estimate" for consistency in the revised section. The words "is

insufficient" are added for clarity.

In subsection (b)(2), the words "proposed deficiency or

supplemental appropriation" are substituted for "deficiency or

supplemental estimates" for consistency with chapter 11 of the

revised title.

AMENDMENTS

1987 - Subsec. (a). Pub. L. 100-202 added subsec. (a) and struck

out former subsec. (a) which read as follows: "An appropriation

required to be apportioned under section 1512 of this title may be

apportioned on a basis that indicates a necessity for a deficiency

or supplemental appropriation to the extent necessary to permit

payment of pay increases for prevailing rate employees whose pay is

fixed and adjusted under subchapter IV of chapter 53 of title 5."

-End-

-CITE-

31 USC Sec. 1516 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 15 - APPROPRIATION ACCOUNTING

SUBCHAPTER II - APPORTIONMENT

-HEAD-

Sec. 1516. Exemptions

-STATUTE-

An official designated in section 1513 of this title to make

apportionments may exempt from apportionment -

(1) a trust fund or working fund if an expenditure from the

fund has no significant effect on the financial operations of the

United States Government;

(2) a working capital fund or a revolving fund established for

intragovernmental operations;

(3) receipts from industrial and power operations available

under law; and

(4) appropriations made specifically for -

(A) interest on, or retirement of, the public debt;

(B) payment of claims, judgments, refunds, and drawbacks;

(C) items the President decides are of a confidential nature;

(D) payment under a law requiring payment of the total amount

of the appropriation to a designated payee; and

(E) grants to the States under the Social Security Act (42

U.S.C. 301 et seq.).

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 931.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1516 31:665(f)(1). R.S. Sec. 3679(f)(1); Mar. 3,

1905, ch. 1484, Sec. 4(1st

par.), 33 Stat. 1257; Feb. 27,

1906, ch. 510, Sec. 3, 34

Stat. 48; restated Sept. 6,

1950, ch. 896, Sec. 1211, 64

Stat. 767.

--------------------------------------------------------------------

In the section, before clause (1), the word "apportionments" is

substituted for "apportionments and reapportionments" because of

section 1512(a)(last sentence) of the revised title. In subclause

(D), the word "law" is substituted for "private relief acts or

other laws" to eliminate unnecessary words.

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in par. (4)(E), is act Aug.

14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified

generally to chapter 7 (Sec. 301 et seq.) of Title 42, The Public

Health and Welfare. For complete classification of this Act to the

Code, see section 1305 of Title 42 and Tables.

-End-

-CITE-

31 USC Sec. 1517 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 15 - APPROPRIATION ACCOUNTING

SUBCHAPTER II - APPORTIONMENT

-HEAD-

Sec. 1517. Prohibited obligations and expenditures

-STATUTE-

(a) An officer or employee of the United States Government or of

the District of Columbia government may not make or authorize an

expenditure or obligation exceeding -

(1) an apportionment; or

(2) the amount permitted by regulations prescribed under

section 1514(a) of this title.

(b) If an officer or employee of an executive agency or of the

District of Columbia government violates subsection (a) of this

section, the head of the executive agency or the Mayor of the

District of Columbia, as the case may be, shall report immediately

to the President and Congress all relevant facts and a statement of

actions taken.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 932.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1517(a) 31:665(h). R.S. Sec. 3679(h),

(i)(2)(related to (h)); Mar.

3, 1905, ch. 1484, Sec. 4(1st

par.), 33 Stat. 1257; Feb. 27,

1906, ch. 510, Sec. 3, 34

Stat. 48; restated Sept. 6,

1950, ch. 896, Sec. 1211, 64

Stat. 768.

1517(b) 31:665(i)(2)(

related to (h)).

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "District of

Columbia government" are added because of section 9 of the Act of

June 26, 1912 (ch. 182, 37 Stat. 184). In clause (1), the word

"apportionment" is substituted for "apportionment or

reapportionment" because of section 1512(a)(last sentence) of the

revised title.

In subsection (b), the word "Mayor" is used because of

Reorganization Plan No. 3 of 1967 (eff. Aug. 11, 1967, 81 Stat.

948) and sections 421, 422, and 771 of the District of Columbia

Self-Government and Governmental Reorganization Act (Pub. L.

93-198, 87 Stat. 789, 818). The word "President" is substituted for

"President, through the Director of the Office of Management and

Budget" because sections 101 and 102(a) of Reorganization Plan No.

2 of 1970 (eff. July 1, 1970, 84 Stat. 2085) designated the Bureau

of the Budget as the Office of Management and Budget and

transferred all functions of the Bureau to the President.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1518, 1519 of this title.

-End-

-CITE-

31 USC Sec. 1518 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 15 - APPROPRIATION ACCOUNTING

SUBCHAPTER II - APPORTIONMENT

-HEAD-

Sec. 1518. Adverse personnel actions

-STATUTE-

An officer or employee of the United States Government or of the

District of Columbia government violating section 1517(a) of this

title shall be subject to appropriate administrative discipline

including, when circumstances warrant, suspension from duty without

pay or removal from office.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 932.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1518 31:665(i)(1)(words R.S. Sec. 3679(i)(1)(words

before semicolon before semicolon related to

related to (h)). (h)); Mar. 3, 1905, ch. 1484,

Sec. 4(1st par.), 33 Stat.

1257; Feb. 27, 1906, ch. 510,

Sec. 3, 34 Stat. 48; restated

Sept. 6, 1950, ch. 896, Sec.

1211, 64 Stat. 768.

--------------------------------------------------------------------

The words "In addition to any penalty or liability under other

law" are omitted as surplus. The words "District of Columbia

government" are added because of section 9 of the Act of June 26,

1912 (ch. 182, 37 Stat. 184).

-End-

-CITE-

31 USC Sec. 1519 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 15 - APPROPRIATION ACCOUNTING

SUBCHAPTER II - APPORTIONMENT

-HEAD-

Sec. 1519. Criminal penalty

-STATUTE-

An officer or employee of the United States Government or of the

District of Columbia government knowingly and willfully violating

section 1517(a) of this title shall be fined not more than $5,000,

imprisoned for not more than 2 years, or both.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 932.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1519 31:665(i)(1)(words R.S. Sec. 3679(i)(1)(words

after semicolon after semicolon related to

related to (h)). (h)); Mar. 3, 1905, ch. 1484,

Sec. 4(1st par.), 33 Stat.

1257; Feb. 27, 1906, ch. 510,

Sec. 3, 34 Stat. 48; restated

Sept. 6, 1950, ch. 896, Sec.

1211, 64 Stat. 768.

--------------------------------------------------------------------

The words "District of Columbia government" are added because of

section 9 of the Act of June 26, 1912 (ch. 182, 37 Stat. 184).

-End-

-CITE-

31 USC SUBCHAPTER III - TRANSFERS AND REIMBURSEMENTS 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 15 - APPROPRIATION ACCOUNTING

SUBCHAPTER III - TRANSFERS AND REIMBURSEMENTS

-HEAD-

SUBCHAPTER III - TRANSFERS AND REIMBURSEMENTS

-End-

-CITE-

31 USC Sec. 1531 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 15 - APPROPRIATION ACCOUNTING

SUBCHAPTER III - TRANSFERS AND REIMBURSEMENTS

-HEAD-

Sec. 1531. Transfers of functions and activities

-STATUTE-

(a) The balance of an appropriation available and necessary to

finance or discharge a function or activity transferred or assigned

under law within an executive agency or from one executive agency

to another may be transferred to and used -

(1) by the organizational unit or agency to which the function

or activity was transferred or assigned; and

(2) for a purpose for which the appropriation was originally

available.

(b) The head of the executive agency determines the amount that,

with the approval of the President, is necessary to be transferred

when the transfer or assignment of the function or activity is

within the agency. The President determines the amount necessary to

be transferred when the transfer or assignment of the function or

activity is from one executive agency to another.

(c) A balance transferred under this section is -

(1) credited to an applicable existing or new appropriation

account;

(2) merged with the amount in an account to which the balance

is credited; and

(3) with the amount with which the balance is merged, accounted

for as one amount.

(d) New appropriation accounts may be established to carry out

subsection (c)(1) of this section.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 932.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1531(a), 31:581c(a)(1st Sept. 12, 1950, ch. 946, Sec.

(b) sentence), (b)(1st 202, 64 Stat. 838.

sentence).

1531(c), 31:581c(a)(last

(d) sentence), (b)(last

sentence).

--------------------------------------------------------------------

In subsections (a) and (b), the defined term "executive agency"

in section 102 of the revised title is substituted for "department

or establishment" for consistency and clarity.

In subsection (a), the words "organizational unit or agency" are

substituted for "agency", and the word "appropriation" is

substituted for "said funds", for consistency and clarity.

Subsection (d) is substituted for "which are hereby authorized to

be established" because of the restatement.

PROHIBITION ON TRANSFER OF FUNDS TO OTHER DEPARTMENTS AND AGENCIES

Pub. L. 101-189, div. A, title XVI, Sec. 1604, Nov. 29, 1989, 103

Stat. 1598, provided that funds available for military functions of

Department of Defense could not be made available to any other

department or agency of Federal Government pursuant to a provision

of law enacted after Nov. 29, 1989, unless, not less than 30 days

before such funds were made available to such other department or

agency, Secretary of Defense submitted to congressional defense

committees a report describing effect on military preparedness of

making such funds available to such department or agency, prior to

repeal and restatement in section 2215 of Title 10, Armed Forces,

by Pub. L. 103-160, div. A, title XI, Sec. 1106(a)(1), (b), Nov.

30, 1993, 107 Stat. 1750.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 6 sections 275, 279, 551;

title 7 section 6912; title 20 sections 76k, 3501; title 42

sections 5872, 7291; title 46 App. section 1605.

-End-

-CITE-

31 USC Sec. 1532 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 15 - APPROPRIATION ACCOUNTING

SUBCHAPTER III - TRANSFERS AND REIMBURSEMENTS

-HEAD-

Sec. 1532. Withdrawal and credit

-STATUTE-

An amount available under law may be withdrawn from one

appropriation account and credited to another or to a working fund

only when authorized by law. Except as specifically provided by

law, an amount authorized to be withdrawn and credited is available

for the same purpose and subject to the same limitations provided

by the law appropriating the amount. A withdrawal and credit is

made by check and without a warrant.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 933.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1532 31:628-1. Sept. 6, 1950, ch. 896, Sec.

1210(less last proviso), 64

Stat. 765.

--------------------------------------------------------------------

The word "limitations" is substituted for "limitations,

conditions, and restrictions" to eliminate unnecessary words.

-End-

-CITE-

31 USC Sec. 1533 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 15 - APPROPRIATION ACCOUNTING

SUBCHAPTER III - TRANSFERS AND REIMBURSEMENTS

-HEAD-

Sec. 1533. Transfers of appropriations for salaries and expenses to

carry out national defense responsibilities

-STATUTE-

An appropriation of an executive agency for salaries and expenses

is available to carry out national defense responsibilities

assigned to the agency under law. A transfer necessary to carry out

this section may be made between appropriations or allocations

within the executive agency. An allocation may not be made to an

executive agency that can carry out with its regular personnel a

defense activity assigned to it by using the authority of this

section to realign its regular programs.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 933.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1533 31:697. June 2, 1951, ch. 121, ch.

XI(proviso immediately before

heading "Independent

Offices"), 65 Stat. 61.

--------------------------------------------------------------------

The words "executive agency" are substituted for "department,

agency, or corporation, in the executive branch of the Government"

because of section 102 of the revised title. The words "authority

of this section" are substituted for "foregoing authority" for

clarity.

-End-

-CITE-

31 USC Sec. 1534 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 15 - APPROPRIATION ACCOUNTING

SUBCHAPTER III - TRANSFERS AND REIMBURSEMENTS

-HEAD-

Sec. 1534. Adjustments between appropriations

-STATUTE-

(a) An appropriation available to an agency may be charged at any

time during a fiscal year for the benefit of another appropriation

available to the agency to pay costs -

(1) when amounts are available in both the appropriation to be

charged and the appropriation to be benefited; and

(2) subject to limitations applicable to the appropriations.

(b) Amounts paid under this section are charged on a final basis

during, or as of the close of, the fiscal year to the appropriation

benefited. The appropriation charged under subsection (a) of this

section shall be appropriately credited.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 933.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1534(a) 31:628a(1st June 29, 1966, Pub. L. 89-473,

sentence). Sec. 1, 80 Stat. 221.

1534(b) 31:628a(last

sentence).

--------------------------------------------------------------------

In subsection (a), the words "Subject to limitations applicable

with respect to each appropriation concerned" are omitted as

surplus. The words "or any bureau or office thereof" are omitted as

being included in "agency". The words "to pay costs" are

substituted for "for the purpose of financing the procurement of

materials and services, or financing other costs" to eliminate

unnecessary words.

In subsection (b), the words "amounts paid under this section"

are substituted for "such expenses so financed", and the words

"appropriations charged under subsection (a) of this section" are

substituted for "financing appropriation", for clarity.

-End-

-CITE-

31 USC Sec. 1535 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 15 - APPROPRIATION ACCOUNTING

SUBCHAPTER III - TRANSFERS AND REIMBURSEMENTS

-HEAD-

Sec. 1535. Agency agreements

-STATUTE-

(a) The head of an agency or major organizational unit within an

agency may place an order with a major organizational unit within

the same agency or another agency for goods or services if -

(1) amounts are available;

(2) the head of the ordering agency or unit decides the order

is in the best interest of the United States Government;

(3) the agency or unit to fill the order is able to provide or

get by contract the ordered goods or services; and

(4) the head of the agency decides ordered goods or services

cannot be provided by contract as conveniently or cheaply by a

commercial enterprise.

(b) Payment shall be made promptly by check on the written

request of the agency or unit filling the order. Payment may be in

advance or on providing the goods or services ordered and shall be

for any part of the estimated or actual cost as determined by the

agency or unit filling the order. A bill submitted or a request for

payment is not subject to audit or certification in advance of

payment. Proper adjustment of amounts paid in advance shall be made

as agreed to by the heads of the agencies or units on the basis of

the actual cost of goods or services provided.

(c) A condition or limitation applicable to amounts for

procurement of an agency or unit placing an order or making a

contract under this section applies to the placing of the order or

the making of the contract.

(d) An order placed or agreement made under this section

obligates an appropriation of the ordering agency or unit. The

amount obligated is deobligated to the extent that the agency or

unit filling the order has not incurred obligations, before the end

of the period of availability of the appropriation, in -

(1) providing goods or services; or

(2) making an authorized contract with another person to

provide the requested goods or services.

(e) This section does not -

(1) authorize orders to be placed for goods or services to be

provided by convict labor; or

(2) affect other laws about working funds.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 933; Pub. L. 98-216, Sec.

1(2), Feb. 14, 1984, 98 Stat. 3.)

-MISC1-

HISTORICAL AND REVISION NOTES

1982 ACT

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1535(a) 31:686(a)(1st Mar. 4, 1915, ch. 143, Sec.

sentence words 1(3d proviso on p. 1084), 38

before 15th comma, Stat. 1084; May 21, 1920, ch.

last proviso). 194, Sec. 7(a), 41 Stat. 613;

June 30, 1932, ch. 314, Sec.

601, 47 Stat. 417; restated

July 20, 1942, ch. 507, 56

Stat. 661; Aug. 23, 1958, Pub.

L. 85-726, Sec. 1407, 72 Stat.

808; Aug. 6, 1981, Pub. L.

97-31, Sec. 12(11), 95 Stat.

154; Dec. 29, 1981, Pub. L.

97-136, Sec. 11, 95 Stat. 1707.

1535(b) 31:686(a)(1st

sentence 1st

proviso).

1535(c) 31:686(a)(1st

sentence words

between 15th comma

and 1st proviso,

last sentence).

1535(d) 31:686(c). May 21, 1920, ch. 194, Sec.

7(c), 41 Stat. 613; June 30,

1932, ch. 314, Sec. 601, 47

Stat. 417; restated June 26,

1943, ch. 150, Sec. 1, 57

Stat. 219.

31:686-1. Sept. 6, 1950, ch. 896, Sec.

1210(last proviso), 64 Stat.

765.

1535(e)( 31:686b(a), (b). June 30, 1932, ch. 314, Sec.

1) 602(a), (b), (c)(related to

Sec. 602), 47 Stat. 418.

1535(e)( 31:686b(c)(related

2) to 31:686, 686b).

--------------------------------------------------------------------

In the section, the word "agency" is substituted for "executive

department or independent establishment of the Government" for

clarity. See 12 Comp. Gen. 442 (1932) and United States v.

Mitchell, 425 F. Supp. 917 (D.D.C. 1976). The words "major

organizational unit" or "unit" are substituted for "bureau or

office" for consistency in the revised title. The words "to fill

the order" or "filling the order" are substituted for "such

requisitioned" and "as may be requisitioned" for clarity and

because of the restatement. The words "goods or services" are

substituted for "materials, supplies, equipment, work, or services"

to eliminate unnecessary words.

In subsection (a)(4), the words "the head of the agency decides"

are added, and the words "commercial enterprise" are substituted

for "private agencies", for clarity. The words "by competitive

bids" are omitted as surplus because of various procurement laws.

In subsection (b), the words "The Secretary of Defense" are added

for clarity because of Comptroller General decision B-20179 (Apr.

1, 1981). The words "a military department of the Department of

Defense" are substituted for "the Department of the Army, Navy

Department" for consistency with title 10 and to apply the source

provisions to the Department of the Air Force because of sections

205(a) and 207(a) and (f) of the Act of July 26, 1947 (ch. 343, 61

Stat. 501, 502), and section 1 of the Act of August 10, 1956 (ch.

1041, 70A Stat. 488). The words "Secretary of Transportation in

carrying out duties and powers related to aviation and the Coast

Guard" are substituted for "Federal Aviation Agency, Coast Guard"

to reflect the transfer of those functions to the Secretary of

Transportation. The words "the Administrator of General Services"

are added to reflect the transfer of the functions of the Bureau of

Federal Supply of the Treasury Department to the Administrator by

section 102(a) of the Act of June 30, 1949 (40:752(a)). The words

"the Administrator of" are added before "Maritime Administration"

for clarity and consistency in the revised title and with other

titles of the United States Code.

In subsection (c), the words "pursuant to such order" are omitted

as unnecessary.

Subsection (d) is substituted for the source provisions being

restated to reflect decisions of the Comptroller General, including

31 Comp. Gen. 83 (1951), 34 Comp. Gen. 418 (1955), 39 Comp. Gen.

317 (1959), and 55 Comp. Gen. 1497 (1976).

In subsection (e), the words "any Government department or

independent establishment, or any bureau or office thereof" and

"except as otherwise provided by law" are omitted as unnecessary

because of the restatement. The text of 31:686b(a) is omitted as

executed.

1984 ACT

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1535(a) 31 App.:686(a) (1st May 21, 1920, ch. 194, Sec.

sentence words 7(a) (1st, 2d sentences), 41

before 15th comma, Stat. 613; June 30, 1932, ch.

proviso) 314, Sec. 601, 47 Stat. 417;

restated July 20, 1942, ch.

507, 56 Stat. 661; Aug. 23,

1958, Pub. L. 85-726, Sec.

1407, 72 Stat. 808; Aug. 6,

1981, Pub. L. 97-136, Sec. 11,

95 Stat. 1707; Oct. 15, 1982,

Pub. L. 97-332, Sec. 1(1)-(3),

96 Stat. 1622.

1535(b) 31 App.:686(a) (1st

sentence words

between 15th comma

and proviso, 2d

sentence)

1535(c) 31 App.:686(a) May 21, 1920, ch. 194, 41

(last sentence) Stat. 607, Sec. 7(a) (last

sentence); added Oct. 15,

1982, Pub. L. 97-332, Sec.

1(4), 96 Stat. 1622.

--------------------------------------------------------------------

AMENDMENTS

1984 - Subsec. (a)(3). Pub. L. 98-216, Sec. 1(2)(A), inserted "or

get by contract" after "provide".

Subsec. (a)(4). Pub. L. 98-216, Sec. 1(2)(B), inserted "by

contract" after "provided".

Subsecs. (b), (c). Pub. L. 98-216, Sec. 1(2)(C)-(E), redesignated

subsec. (c) as (b). Former subsec. (b), which provided that the

Secretary of Defense, the Secretary of a military department of the

Department of Defense, the Secretary of Transportation in carrying

out duties and powers related to aviation and the Coast Guard, the

Secretary of the Treasury, the Administrator of General Services,

and the Administrator of the Maritime Administration could place

orders under this section for goods and services that an agency or

unit filling the order might be able to provide or procure by

contract, was struck out.

PLACEMENT OF ORDERS BY CHIEF ADMINISTRATIVE OFFICER OF THE HOUSE OF

REPRESENTATIVES

Pub. L. 107-206, title I, Sec. 904, Aug. 2, 2002, 116 Stat. 876,

provided that: "Nothing in section 1535 of title 31, U.S.C.

(commonly referred to as the 'Economy Act'), or any other provision

of such title may be construed to prevent or restrict the Chief

Administrative Officer of the House of Representatives from placing

orders under such section during any fiscal year in the same manner

and to the same extent as the head of any other major

organizational unit with an agency may place orders under such

section during a fiscal year."

ECONOMY ACT PURCHASES

Pub. L. 103-355, title I, Sec. 1074, Oct. 13, 1994, 108 Stat.

3271, provided that the Federal Acquisition Regulation was to be

revised to include regulations governing the exercise of authority

under this section for Federal agencies to purchase goods and

services under contracts entered into or administered by other

agencies, and further provided for content of regulations,

establishment of system to monitor procurements under regulations,

and that section would cease to be effective one year after date on

which final regulations took effect. Final regulations were

published in the Federal Register Sept. 26, 1995, effective Oct. 1,

1995. See 60 F.R. 49720.

DEPARTMENT OF DEFENSE PURCHASES THROUGH OTHER AGENCIES

Pub. L. 105-261, div. A, title VIII, Sec. 814, Oct. 17, 1998, 112

Stat. 2087, provided that:

"(a) Extension of Regulations. - Not later than 90 days after the

date of the enactment of this Act [Oct. 17, 1998], the Secretary of

Defense shall revise the regulations issued pursuant to section 844

of the National Defense Authorization Act for Fiscal Year 1994

(Public Law 103-160; 107 Stat. 1720; 31 U.S.C. 1535 note) to -

"(1) cover any purchase described in subsection (b) that is

greater than the micro-purchase threshold; and

"(2) provide for a streamlined method of compliance for any

such purchase that is not greater than the simplified acquisition

threshold.

"(b) Description of Purchases. - A purchase referred to in

subsection (a) is a purchase of goods or services for one agency of

the Department of Defense by any other agency under a task or

delivery order contract entered into by the other agency under

section 2304a of title 10, United States Code, or section 303H of

the Federal Property and Administrative Services Act of 1949 (41

U.S.C. 253h).

"(c) Definitions. - In this section:

"(1) The term 'micro-purchase threshold' has the meaning

provided in section 32 of the Office of Federal Procurement

Policy Act (41 U.S.C. 428).

"(2) The term 'simplified acquisition threshold' has the

meaning provided in section 4 of such Act (41 U.S.C. 403).

"(d) Termination. - This section shall cease to be effective 1

year after the date on which final regulations prescribed pursuant

to subsection (a) take effect."

Pub. L. 103-160, div. A, title VIII, Sec. 844, Nov. 30, 1993, 107

Stat. 1720, directed Secretary of Defense, not later than six

months after Nov. 30, 1993, to prescribe regulations governing

exercise by Department of Defense of authority under this section

to purchase goods and services under contracts entered into or

administered by another agency, and provided for content of

regulations, establishment of system to monitor procurements under

regulations, and that section would cease to be effective one year

after date on which final regulations took effect. Final

regulations were published in the Federal Register Sept. 26, 1995,

effective Oct. 1, 1995. See 60 F.R. 49720.

ACQUISITION OF GOODS, SERVICES, OR SPACE BY SECRETARY OF SENATE AND

SERGEANT AT ARMS AND DOORKEEPER OF SENATE

Pub. L. 101-163, title I, Sec. 8, Nov. 21, 1989, 103 Stat. 1046,

provided that:

"(1) The Secretary of the Senate and the Sergeant at Arms and

Doorkeeper of the Senate are authorized to acquire goods, services,

or space from government agencies and units by agreement under the

provisions of the Economy Act, 31 U.S.C. 1535, and to make advance

payments in conjunction therewith, if required by the providing

agency or establishment.

"(2) No advance payment may be made under paragraph (1) unless

specifically provided for in the agreement. No agreement providing

for advance payment may be entered into unless it contains a

provision requiring the refund of any unobligated balance of the

advance.

"(3) No agreement may be entered into under paragraph (1) without

the approval of the Senate Committee on Rules and Administration

and the Senate Committee on Appropriations."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1536 of this title; title

2 sections 142j, 182c, 1151, 1385; title 7 section 2009cc-16; title

10 sections 377, 1104, 2205, 2684; title 16 sections 670c-1, 825k;

title 22 sections 2358, 6204; title 24 section 168b; title 25

section 2804; title 29 section 563a; title 38 section 1720A; title

40 sections 3134, 3176; title 41 section 261; title 42 section 254;

title 43 sections 1471c, 1471f; title 48 section 1469d; title 50

section 414.

-End-

-CITE-

31 USC Sec. 1536 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 15 - APPROPRIATION ACCOUNTING

SUBCHAPTER III - TRANSFERS AND REIMBURSEMENTS

-HEAD-

Sec. 1536. Crediting payments from purchases between executive

agencies

-STATUTE-

(a) An advance payment made on an order under section 1535 of

this title is credited to a special working fund that the Secretary

of the Treasury considers necessary to be established. Except as

provided in this section, any other payment is credited to the

appropriation or fund against which charges were made to fill the

order.

(b) An amount paid under section 1535 of this title may be

expended in providing goods or services or for a purpose specified

for the appropriation or fund credited. Where goods are provided

from stocks on hand, the amount received in payment is credited so

as to be available to replace the goods unless -

(1) another law authorizes the amount to be credited to some

other appropriation or fund; or

(2) the head of the executive agency filling the order decides

that replacement is not necessary, in which case, the amount

received is deposited in the Treasury as miscellaneous receipts.

(c) This section does not affect other laws about working funds.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 934.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1536(a) 31:686(b)(1st, 2d May 21, 1920, ch. 194, Sec.

sentences). 7(b), 41 Stat. 613; restated

June 30, 1932, ch. 314, Sec.

601, 47 Stat. 418.

1536(b) 31:686(b)(3d, last

sentences).

1536(c) 31:686b(c)(related June 30, 1932, ch. 314, Sec.

to 31:686). 602(c)(related to Sec. 601),

47 Stat. 418.

--------------------------------------------------------------------

In subsection (b), the words "providing goods or services" are

substituted for "furnishing the materials, supplies, or equipment,

or in performing the work or services" to eliminate unnecessary

words.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 sections 142j, 1151, 1385;

title 10 section 2205; title 16 section 825k; title 29 section

563a; title 38 section 1720A; title 40 sections 3134, 3176; title

42 section 254; title 43 sections 1471c, 1471f; title 48 section

1469d; title 50 section 414.

-End-

-CITE-

31 USC Sec. 1537 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 15 - APPROPRIATION ACCOUNTING

SUBCHAPTER III - TRANSFERS AND REIMBURSEMENTS

-HEAD-

Sec. 1537. Services between the United States Government and the

District of Columbia government

-STATUTE-

(a) To prevent duplication and to promote efficiency and economy,

an officer or employee of -

(1) the United States Government may provide services to the

District of Columbia government; and

(2) the District of Columbia government may provide services to

the United States Government.

(b)(1) Services under this section shall be provided under an

agreement -

(A) negotiated by officers and employees of the 2 governments;

and

(B) approved by the Director of the Office of Management and

Budget and the Mayor of the District of Columbia.

(2) Each agreement shall provide that the cost of providing the

services shall be borne in the way provided in subsection (c) of

this section by the government to which the services are provided

at rates or charges based on the actual cost of providing the

services.

(3) To carry out an agreement made under this subsection, the

agreement may provide for the delegation of duties and powers of

officers and employees of -

(A) the District of Columbia government to officers and

employees of the United States Government; and

(B) the United States Government to officers and employees of

the District of Columbia government.

(c) In providing services under an agreement made under

subsection (b) of this section -

(1) costs incurred by the United States Government may be paid

from appropriations available to the District of Columbia

government officer or employee to whom the services were

provided; and

(2) costs incurred by the District of Columbia government may

be paid from amounts available to the United States Government

officer or employee to whom the services were provided.

(d) When requested by the Director of the United States Secret

Service, the Chief of the Metropolitan Police shall assist the

Secret Service and the Executive Protective Service on a

non-reimbursable basis in carrying out their protective duties

under section 302 (!1) of title 3 and section 3056 of title 18.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 934.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1537(a) 31:685a(a)(1st Dec. 24, 1973, Pub. L. 93-198,

sentence). Sec. 731, 87 Stat. 822.

1537(b) 31:685a(a)(2d, last

sentences), (b).

1537(c) 31:685a(c)(less

last sentence words

after last comma).

1537(d) 31:685a(c)(last

sentence words

after last comma).

--------------------------------------------------------------------

In the section, the words "District of Columbia" are substituted

for "District" for clarity and consistency.

In subsection (a), the word "duplication" is substituted for

"duplication of effort" to eliminate unnecessary words. The words

"officer or employee of the United States Government" are

substituted for "any Federal officer or agency", and the words

"officer or employee of the District of Columbia government" are

substituted for "any District officer or agency", for consistency.

In subsection (b)(1), before clause (A), the words "Except where

the terms and conditions governing the furnishing of such services

are prescribed by other provisions of law" are omitted as surplus.

In clause (A), the words "officers and employees of the 2

governments" are substituted for "Federal and District authorities"

for consistency. In clause (B), the words "of the District of

Columbia" are added for clarity.

In subsection (b)(3), before clause (A), the words "duties and

powers" are substituted for "functions" for consistency in the

revised title and with other titles of the United States Code. The

text of 31:685a(b)(last sentence) is omitted as surplus.

In subsection (c)(1), the words "United States Government" are

substituted for "each Federal officer and agency" for clarity.

In subsection (c)(2), the words "District of Columbia government"

are substituted for "each District officer and agency" for

consistency.

-REFTEXT-

REFERENCES IN TEXT

Section 302 of title 3, referred to in subsec. (d), probably

should be a reference to section 202 of Title 3, The President,

which contains provisions relating to powers and duties of the

United States Secret Service Uniformed Division, formerly known as

the Executive Protective Service. Section 302 of Title 3 relates to

scope of delegation of functions by the President.

-CHANGE-

CHANGE OF NAME

Reference to Executive Protective Service held to refer to United

States Secret Service Uniformed Division pursuant to Pub. L.

95-179, set out as a note under section 202 of Title 3, The

President.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of the functions, personnel, assets, and obligations

of the United States Secret Service, including the functions of the

Secretary of the Treasury relating thereto, to the Secretary of

Homeland Security, and for treatment of related references, see

sections 381, 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 40 section 8501.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

31 USC SUBCHAPTER IV - CLOSING ACCOUNTS 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 15 - APPROPRIATION ACCOUNTING

SUBCHAPTER IV - CLOSING ACCOUNTS

-HEAD-

SUBCHAPTER IV - CLOSING ACCOUNTS

-End-

-CITE-

31 USC Sec. 1551 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 15 - APPROPRIATION ACCOUNTING

SUBCHAPTER IV - CLOSING ACCOUNTS

-HEAD-

Sec. 1551. Definitions; applicability of subchapter

-STATUTE-

(a) In this subchapter -

(1) An obligated balance of an appropriation account as of the

end of a fiscal year is the amount of unliquidated obligations

applicable to the appropriation less amounts collectible as

repayments to the appropriation.

(2) An unobligated balance is the difference between the

obligated balance and the total unexpended balance.

(3) A fixed appropriation account is an appropriation account

available for obligation for a definite period.

(b) The limitations on the availability for expenditure

prescribed in this subchapter apply to all appropriations unless

specifically otherwise authorized by a law that specifically -

(1) identifies the appropriate account for which the

availability for expenditure is to be extended;

(2) provides that such account shall be available for

recording, adjusting, and liquidating obligations properly

chargeable to that account; and

(3) extends the availability for expenditure of the obligated

balances.

(c) This subchapter does not apply to -

(1) appropriations for the District of Columbia government; or

(2) appropriations to be disbursed by the Secretary of the

Senate or the Chief Administrative Officer of the House of

Representatives.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 935; Pub. L. 101-510,

div. A, title XIV, Sec. 1405(a)(1), Nov. 5, 1990, 104 Stat. 1676;

Pub. L. 102-484, div. A, title X, Sec. 1054(e)(2), Oct. 23, 1992,

106 Stat. 2503; Pub. L. 104-186, title II, Sec. 219(b)(1), Aug. 20,

1996, 110 Stat. 1748.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1551(a) 31:701(c)(1st July 25, 1956, ch. 727, Sec.

sentence). 1(c)(1st sentence), 70 Stat.

648; July 8, 1959, Pub. L.

86-79, Sec. 210(b), 73 Stat.

167.

1551(b) 31:707. July 25, 1956, ch. 727, Sec.

8, 70 Stat. 650.

--------------------------------------------------------------------

In subsection (b)(1), the words "District of Columbia government"

are substituted for "District of Columbia" for consistency.

AMENDMENTS

1996 - Subsec. (c)(2). Pub. L. 104-186 substituted "Chief

Administrative Officer" for "Clerk".

1992 - Pub. L. 102-484 substituted "Definitions; applicability of

subchapter" for "Definitions and applications" as section

catchline.

1990 - Pub. L. 101-510 amended text generally, reenacting former

subsec. (a)(1) and (2) with a change in capitalization, adding

subsecs. (a)(3) and (b), and restating former subsec. (b) as (c).

EFFECTIVE DATE OF 1990 AMENDMENT; TRANSITIONAL PROVISIONS

Section 1405(b) of Pub. L. 101-510, as amended by Pub. L.

102-484, div. A, title X, Sec. 1004, Oct. 23, 1992, 106 Stat. 2481,

provided that:

"(1) Application of amendments. - The amendments made by

subsection (a) [amending this section and sections 1552 to 1557 of

this title] shall apply to any appropriation account the obligated

balance of which, on the date of the enactment of this Act [Nov. 5,

1990], has not been transferred under section 1552(a)(1) of title

31, United States Code, as in effect on the day before the date of

the enactment of this section.

"(2) Restoration of certain unobligated amounts. - The balance of

any unobligated amount withdrawn under section 1552(a)(2) of title

31, United States Code, as in effect on the day before the date of

the enactment of this Act, from an account the obligated balance of

which has not been transferred under section 1552(a)(1) of title

31, United States Code, as in effect on the day before the date of

the enactment of this section, is hereby restored to that account.

"(3) Cancellation of unobligated balances. - All balances of

unobligated funds withdrawn from an account under subsection

1552(a)(2) of title 31, United States Code, as in effect on the day

before the date of the enactment of this Act (other than funds

restored under paragraph (2)) are canceled, effective at the end of

the 30-day period beginning on the date of the enactment of this

Act.

"(4) Cancellation of obligated balances. - On the third September

30th after the date of the enactment of this Act, all obligated

balances transferred under subsection 1552(a)(1) of title 31,

United States Code, as in effect on the day before the date of the

enactment of this Act, shall be canceled.

"(5) Obligation of existing balances. - After the date of the

enactment of this Act, an obligation of any part of a balance

transferred before the date of the enactment of this Act under

section 1552(a)(1) of title 31, United States Code, shall be

subject to section 1553(c) of such title, as amended by subsection

(a).

"(6) Cancellation of oldest obligated balances. - (A) At the end

of the 30-day period beginning on the date on which the President

submits to Congress the budget for fiscal year 1992, any amount in

an account established under paragraph (1) of section 1552 of title

31, United States Code, as in effect before the date of the

enactment of this Act, that has been in that account as of that

date for a period in excess of five years shall be deobligated and

shall be withdrawn in the manner provided in paragraph (2) of that

section. Amounts so deobligated and withdrawn may not be restored.

"(B) Subparagraph (A) shall not apply so as to require the

deobligation of amounts -

"(i) for which there is documentary evidence that payment will

be required within 180 days of the date of the enactment of this

Act; or

"(ii) that are determined to be necessary for severance

payments for foreign national employees.

"(7) Obligations and adjustment of obligations. - (A) After

cancellation of unobligated balances under paragraph (3) or

cancellation of obligated balances under paragraph (4) or paragraph

(6) and subject to the provisions of subparagraph (B), obligations

and adjustments to obligations that would have been chargeable to

those balances before such cancellations and that are not otherwise

chargeable to current appropriations of the agency concerned may be

charged to current appropriations of that agency available for the

same purpose. Any charge made pursuant to this subsection shall be

limited to the unobligated expired balances of the original

appropriation available for the same purpose.

"(B) Any charge made pursuant to subparagraph (A) shall be

subject to the maximum amount chargeable under subsection (b) of

section 1553 of title 31, United States Code, as amended by this

section, and shall be included in the calculation of the total

amount charged to any account under that section.

"(8) Obligations and adjustments of obligations for expired but

not closed accounts. - (A) Subject to subparagraphs (B), (C), and

(D), in the case of an appropriation account for a fiscal year

before fiscal year 1992 for which the period of availability for

obligation has expired but which has not been closed under the

provisions of section 1552(a) of title 31, United States Code, or

paragraph (4) of this section, an obligation and an adjustment of

an obligation may be charged to any current appropriation account

of the Department of Defense that is available for the same purpose

as the expired account if -

"(i) the obligation would have been properly chargeable (except

as to amount) to the expired account before the end of the period

of availability of that account; and

"(ii) the obligation is not otherwise properly chargeable to

any current appropriation account of the Department of Defense.

"(B) The total amount charged to a current appropriation account

under subparagraph (A) may not exceed an amount equal to the lesser

of -

"(i) one percent of the total amount of the appropriations for

that account; or

"(ii) one percent of the total amount of the appropriations for

the expired account.

"(C) No obligation or adjustment of an obligation may be charged

pursuant to the provisions of this paragraph until the Committees

on Armed Services and the Committees on Appropriations of the

Senate and House of Representatives are notified of the intent to

make such a charge and a period of 30 days elapses after the

notification is submitted.

"(D) Certifications. - No obligation or adjustment of an

obligation may be charged pursuant to the provisions of this

paragraph until the Secretary of Defense (except as otherwise

provided in subparagraph (E)) certifies to Congress the following:

"(i) That the limitations on expending and obligating amounts

established pursuant to section 1341 of title 31, United States

Code, are being observed within the Department of Defense.

"(ii) That reports on any violations of such section 1341,

whether intentional or inadvertent, are being submitted to the

President and Congress immediately and with all relevant facts

and a statement of actions taken as required by section 1351 of

title 31, United States Code.

"(E) Alternative to certification. - If the Secretary of Defense

is unable to make the certifications referred to in subparagraph

(D) within 60 days after the date of the enactment of this

subparagraph [Oct. 23, 1992], the Secretary shall submit to the

Congress a report stating that the Secretary is unable to make such

certifications and setting forth the actions that the Secretary

will take in order to enable the Secretary to make such

certifications after the end of that period."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 2216.

-End-

-CITE-

31 USC Sec. 1552 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 15 - APPROPRIATION ACCOUNTING

SUBCHAPTER IV - CLOSING ACCOUNTS

-HEAD-

Sec. 1552. Procedure for appropriation accounts available for

definite periods

-STATUTE-

(a) On September 30th of the 5th fiscal year after the period of

availability for obligation of a fixed appropriation account ends,

the account shall be closed and any remaining balance (whether

obligated or unobligated) in the account shall be canceled and

thereafter shall not be available for obligation or expenditure for

any purpose.

(b) Collections authorized or required to be credited to an

appropriation account, but not received before closing of the

account under subsection (a) or under section 1555 of this title

shall be deposited in the Treasury as miscellaneous receipts.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 935; Pub. L. 101-510,

div. A, title XIV, Sec. 1405(a)(1), Nov. 5, 1990, 104 Stat. 1676.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1552(a) 31:701(a)(1). July 25, 1956, ch. 727, Sec.

1(a)(1), 70 Stat. 647;

restated July 12, 1974, Pub.

L. 93-344, Sec. 503(a), 88

Stat. 321.

31:701(a)(2). July 25, 1956, ch. 727, Sec.

1(a)(2), 70 Stat. 648; June

29, 1960, Pub. L. 86-533, Sec.

1(25), 74 Stat. 249.

31:701(b). July 25, 1956, ch. 727, Sec.

1(b), 70 Stat. 648; restated

July 12, 1974, Pub. L. 93-344,

Sec. 503(b), 88 Stat. 322;

Apr. 21, 1976, Pub. L. 94-273,

Sec. 45, 90 Stat. 382.

1552(b) 31:701(c)(last July 25, 1956, ch. 727, Secs.

sentence). 1(c)(last sentence), (d), 5,

70 Stat. 648, 649.

1552(c) 31:701(d).

1552(d) 31:705.

--------------------------------------------------------------------

In subsection (a), the text of 31:701(b)(1)(A) and (2)(A) and the

words "for the period commencing on July 1, 1976, and ending on

September 30, 1976, and for any fiscal year commencing on or after

October 1, 1976" are omitted as executed.

In subsection (a)(1), the words "period of availability ends" are

substituted for "that period or the fiscal year or years, as the

case may be, for which the appropriation is available for

obligation" to eliminate unnecessary words.

In subsection (a)(2), the words "reverts to the Treasury" are

substituted for "if the appropriation was derived in whole or in

part from the general fund, shall revert to such fund" to eliminate

unnecessary words.

In subsection (b), the words "not received before" are

substituted for "not received until after" for clarity. The words

"unless otherwise authorized by law" are omitted as surplus. The

words "Comptroller General" are substituted for "General Accounting

Office" for consistency.

In subsection (c), the text of 31:701(d)(last sentence) is

omitted as executed.

In subsection (d), before clause (1), the word "heading" is

substituted for "heads" for clarity and consistency.

AMENDMENTS

1990 - Pub. L. 101-510 amended text generally, revising and

restating former subsecs. (a) to (d) as subsecs. (a) and (b).

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-510 applicable to any appropriation

account the obligated balance of which, on Nov. 5, 1990, has not

been transferred under subsec. (a)(1) of this section, as in effect

Nov. 4, 1990, with transitional provisions, see section 1405(b) of

Pub. L. 101-510, set out as a note under section 1551 of this

title.

AUDIT OF OBLIGATED BALANCES OF DEPARTMENT OF DEFENSE

Section 1406 of Pub. L. 101-510 provided that:

"(a) Audit Requirement. - The Secretary of Defense shall provide

for an audit of each account of the Department of Defense

established under paragraph (1) of section 1552(a) of title 31,

United States Code, as in effect on the day before the date of the

enactment of this Act [Nov. 5, 1990]. The audit shall, with respect

to each such account, identify -

"(1) the balance in the account;

"(2) the amount of such balance that is considered by the

Secretary (as of the time of the audit) to represent amounts

required for valid obligations (as supported by documentary

evidence as required by section 1501 of title 31) and the amount

of such balance that is considered by the Secretary (as of the

time of the audit) to represent amounts for obligations that are

considered no longer valid;

"(3) the sources of amounts in the account, shown by fiscal

year and by amount for each fiscal year; and

"(4) such other matters as the Secretary considers appropriate.

"(b) Deobligation of Obligations No Longer Valid. - Any obligated

amounts in accounts of the Department of Defense established under

paragraph (1) of section 1552(a) of title 31, United States Code,

that are determined pursuant to the audit under subsection (a) to

represent amounts for obligations that are no longer valid shall be

deobligated and canceled.

"(c) Report on Audit. - Not later than December 31, 1991, the

Secretary of Defense shall submit to Congress a report containing

the results of the audit conducted pursuant to subsection (a). The

report shall set forth -

"(1) the information required to be identified pursuant to

subsection (a); and

"(2) for each appropriation account (A) the average length of

time funds have been obligated, (B) the average size of the

obligation, and (iii)[(C)] the object classification of the

obligations, all shown for total obligations and separately for

valid obligations and obligations that are no longer valid."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1553, 1554, 1558 of this

title; title 10 sections 2216, 2410m; title 50 section 403f.

-End-

-CITE-

31 USC Sec. 1553 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 15 - APPROPRIATION ACCOUNTING

SUBCHAPTER IV - CLOSING ACCOUNTS

-HEAD-

Sec. 1553. Availability of appropriation accounts to pay

obligations

-STATUTE-

(a) After the end of the period of availability for obligation of

a fixed appropriation account and before the closing of that

account under section 1552(a) of this title, the account shall

retain its fiscal-year identity and remain available for recording,

adjusting, and liquidating obligations properly chargeable to that

account.

(b)(1) Subject to the provisions of paragraph (2), after the

closing of an account under section 1552(a) or 1555 of this title,

obligations and adjustments to obligations that would have been

properly chargeable to that account, both as to purpose and in

amount, before closing and that are not otherwise chargeable to any

current appropriation account of the agency may be charged to any

current appropriation account of the agency available for the same

purpose.

(2) The total amount of charges to an account under paragraph (1)

may not exceed an amount equal to 1 percent of the total

appropriations for that account.

(c)(1) In the case of a fixed appropriation account with respect

to which the period of availability for obligation has ended, if an

obligation of funds from that account to provide funds for a

program, project, or activity to cover amounts required for

contract changes would cause the total amount of obligations from

that appropriation during a fiscal year for contract changes for

that program, project, or activity to exceed $4,000,000, the

obligation may only be made if the obligation is approved by the

head of the agency (or an officer of the agency within the Office

of the head of the agency to whom the head of the agency has

delegated the authority to approve such an obligation).

(2) In the case of a fixed appropriation account with respect to

which the period of availability for obligation has ended, if an

obligation of funds from that account to provide funds for a

program, project, or activity to cover amounts required for

contract changes would cause the total amount obligated from that

appropriation during a fiscal year for that program, project, or

activity to exceed $25,000,000, the obligation may not be made

until -

(A) the head of the agency submits to the appropriate

authorizing committees of Congress and the Committees on

Appropriations of the Senate and the House of Representatives a

notice in writing of the intent to obligate such funds, together

with a description of the legal basis for the proposed obligation

and the policy reasons for the proposed obligation; and

(B) a period of 30 days has elapsed after the notice is

submitted.

(3) In this subsection, the term "contract change" means a change

to a contract under which the contractor is required to perform

additional work. Such term does not include adjustments to pay

claims or increases under an escalation clause.

(d)(1) Obligations under this section may be paid without prior

action of the Comptroller General.

(2) This subchapter does not -

(A) relieve the Comptroller General of the duty to make

decisions requested under law; or

(B) affect the authority of the Comptroller General to settle

claims and accounts.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 936; Pub. L. 101-510,

div. A, title XIV, Sec. 1405(a)(1), Nov. 5, 1990, 104 Stat. 1676.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1553(a) 31:702(1st July 25, 1956, ch. 727, Sec.

sentence). 2, 70 Stat. 648.

1553(b) 31:702(last

sentence).

--------------------------------------------------------------------

In subsection (a), the word "separately" is substituted for "as

one fund" for clarity. The words "remains available until expended"

are substituted for "shall be available without fiscal year

limitation" for consistency in the revised title.

In subsection (b), the words "Comptroller General" are

substituted for "Comptroller General of the United States" and

"General Accounting Office" for consistency. The words "affect the

authority" are substituted for "abridge the existing authority" to

eliminate unnecessary words. The words "settle claims and accounts"

are substituted for "settle and adjust claims, demands, and

accounts" for consistency with chapter 35 of the revised title.

AMENDMENTS

1990 - Pub. L. 101-510 amended text generally. Prior to

amendment, text read as follows:

"(a) Each appropriation account established under section 1552 of

this title is accounted for separately and remains available until

expended to pay obligations chargeable against any appropriation

from which the account is derived.

"(b) Under regulations prescribed by the Comptroller General,

obligations under subsection (a) of this section may be paid

without prior action of the Comptroller General. However, this

subchapter does not -

"(1) relieve the Comptroller General of the duty to make

decisions requested under law; or

"(2) affect the authority of the Comptroller General to settle

claims and accounts."

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-510 applicable to any appropriation

account the obligated balance of which, on Nov. 5, 1990, has not

been transferred under section 1552(a)(1) of this title, as in

effect Nov. 4, 1990, with transitional provisions, see section

1405(b) of Pub. L. 101-510, set out as a note under section 1551 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1554 of this title.

-End-

-CITE-

31 USC Sec. 1554 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 15 - APPROPRIATION ACCOUNTING

SUBCHAPTER IV - CLOSING ACCOUNTS

-HEAD-

Sec. 1554. Audit, control, and reporting

-STATUTE-

(a) Any audit requirement, limitation on obligations, or

reporting requirement that is applicable to an appropriation

account shall remain applicable to that account after the end of

the period of availability for obligation of that account.

(b)(1) After the close of each fiscal year, the head of each

agency shall submit to the President and the Secretary of the

Treasury a report regarding the unliquidated obligations,

unobligated balances, canceled balances, and adjustments made to

appropriation accounts of that agency during the completed fiscal

year. The report shall be submitted no later than 15 days after the

date on which the President's budget for the next fiscal year is

submitted to Congress under section 1105 of this title.

(2) Each report required by this subsection shall -

(A) provide a description, with reference to the fiscal year of

appropriations, of the amount in each account, its source, and an

itemization of the appropriations accounts;

(B) describe all current and expired appropriations accounts;

(C) describe any payments made under section 1553 of this

title;

(D) describe any adjustment of obligations during that fiscal

year pursuant to section 1553 of this title;

(E) contain a certification by the head of the agency that the

obligated balances in each appropriation account of the agency

reflect proper existing obligations and that expenditures from

the account since the preceding review were supported by a proper

obligation of funds and otherwise were proper;

(F) describe all balances canceled under sections 1552 and 1555

of this title.

(3) The head of each Federal agency shall provide a copy of each

such report to the Speaker of the House of Representatives and the

Committee on Appropriations, the Committee on Governmental Affairs,

and other appropriate oversight and authorizing committees of the

Senate.

(c) The head of each agency shall establish internal controls to

assure that an adequate review of obligated balances is performed

to support the certification required by section 1108(c) of this

title.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 936; Pub. L. 101-510,

div. A, title XIV, Sec. 1405(a)(1), Nov. 5, 1990, 104 Stat. 1677;

Pub. L. 102-190, div. A, title X, Sec. 1004(b), Dec. 5, 1991, 105

Stat. 1457.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1554(a) 31:703(a)(1st, 2d July 25, 1956, ch. 727, Sec.

sentences, last 3(a), 70 Stat. 649; Reorg.

sentence proviso). Plan No. 2 of 1970, eff. July

1, 1970, Sec. 102(a), 84 Stat.

2085; Apr. 21, 1976, Pub. L.

94-273, Sec. 8(1), 90 Stat.

378.

1554(b) 31:703(a)(3d

sentence, last

sentence less

proviso).

--------------------------------------------------------------------

In subsection (a), the words "head of the agency" are substituted

for "agency concerned" for consistency. The word "President" is

substituted for "Director of the Office of Management and Budget"

because sections 101 and 102(a) of Reorganization Plan No. 2 of

1970 (eff. July 1, 1970, 84 Stat. 2085) designated the Bureau of

the Budget as the Office of Management and Budget and transferred

all functions of the Bureau to the President.

In subsection (b), the words "withdrawal or restoration" are

substituted for "transactions" the first time it appears.

AMENDMENTS

1991 - Subsecs. (c), (d). Pub. L. 102-190 redesignated subsec.

(d) as (c) and struck out former subsec. (c) which read as follows:

"(1) The Director of the Congressional Budget Office shall

estimate each year the effect on the Federal deficit of payments

and adjustments made with respect to sections 1552 and 1553 of this

title. Such estimate shall be made separately for accounts of each

agency.

"(2) The Director shall include in the annual report of the

Director to the Committees on the Budget of the Senate and House of

Representatives under paragraph (1) of section 202(f) of the

Congressional Budget Act of 1974 a statement of the estimates made

pursuant to paragraph (1) of this subsection during the preceding

year (including any revisions to estimates contained in earlier

reports under such paragraph). The Director shall include in any

report under paragraph (2) of that section any revisions to such

estimates made since the most recent report under paragraph (1) of

such section."

1990 - Pub. L. 101-510 substituted "Audit, control, and

reporting" for "Review of appropriation accounts" in section

catchline and amended text generally, substituting subsecs. (a) to

(d) for former subsecs. (a) and (b) which required the head of each

agency to annually review each appropriation account established by

the agency under section 1552 of this title.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-510 applicable to any appropriation

account the obligated balance of which, on Nov. 5, 1990, has not

been transferred under section 1552(a)(1) of this title, as in

effect Nov. 4, 1990, with transitional provisions, see section

1405(b) of Pub. L. 101-510, set out as a note under section 1551 of

this title.

REPORTING REQUIREMENT REGARDING EFFECT OF CERTAIN PAYMENTS AND

ADJUSTMENTS ON FEDERAL DEFICIT

Section 1004(a) of Pub. L. 102-190 provided that: "At the same

time that the President submits to Congress the budget for each of

fiscal years 1993, 1994, 1995, and 1996 under section 1105 of title

31, United States Code, the Director of the Office of Management

and Budget shall submit to Congress a report regarding the effect

on the Federal deficit of payments and adjustments made with

respect to sections 1552 and 1553 of such title for the fiscal year

in which such budget is submitted, the fiscal year preceding that

fiscal year, and the fiscal year covered by that budget. The report

shall include separate estimates for the accounts of each agency."

-End-

-CITE-

31 USC Sec. 1555 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 15 - APPROPRIATION ACCOUNTING

SUBCHAPTER IV - CLOSING ACCOUNTS

-HEAD-

Sec. 1555. Closing of appropriation accounts available for

indefinite periods

-STATUTE-

An appropriation account available for obligation for an

indefinite period shall be closed, and any remaining balance

(whether obligated or unobligated) in that account shall be

canceled and thereafter shall not be available for obligation or

expenditure for any purpose, if -

(1) the head of the agency concerned or the President

determines that the purposes for which the appropriation was made

have been carried out; and

(2) no disbursement has been made against the appropriation for

two consecutive fiscal years.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 937; Pub. L. 101-510,

div. A, title XIV, Sec. 1405(a)(1), Nov. 5, 1990, 104 Stat. 1678.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1555(a) 31:706(less July 25, 1956, ch. 727, Sec.

proviso). 6, 70 Stat. 649.

1555(b) 31:706(proviso).

--------------------------------------------------------------------

In subsection (a), the words "indefinite period" are substituted

for "not limited to a definite period of time" for consistency in

the revised title. The words "consecutive fiscal years" are

substituted for "full consecutive fiscal years" to eliminate an

unnecessary word.

In subsection (b), the words "or were heretofore withdrawn from

the appropriation account by administrative action" are omitted as

executed.

AMENDMENTS

1990 - Pub. L. 101-510 substituted "Closing of appropriation

accounts available" for "Withdrawal of unobligated balances of

appropriations" in section catchline and amended text generally.

Prior to amendment, text read as follows:

"(a) An unobligated balance of an appropriation for an indefinite

period shall be withdrawn in the way provided in section 1552(a)(2)

of this title when the head of the agency concerned decides that

the purposes for which the appropriation was made have been carried

out or when no disbursement is made against the appropriation for 2

consecutive fiscal years.

"(b) An amount of an appropriation withdrawn under this section

may be restored to the applicable appropriation account to pay

obligations and to settle accounts."

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-510 applicable to any appropriation

account the obligated balance of which, on Nov. 5, 1990, has not

been transferred under section 1552(a)(1) of this title, as in

effect Nov. 4, 1990, with transitional provisions, see section

1405(b) of Pub. L. 101-510, set out as a note under section 1551 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1552, 1553, 1554 of this

title.

-End-

-CITE-

31 USC Sec. 1556 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 15 - APPROPRIATION ACCOUNTING

SUBCHAPTER IV - CLOSING ACCOUNTS

-HEAD-

Sec. 1556. Comptroller General: reports on appropriation accounts

-STATUTE-

(a) In carrying out audit responsibilities, the Comptroller

General shall report on operations under this subchapter to -

(1) the head of the agency concerned;

(2) the Secretary of the Treasury; and

(3) the President.

(b) A report under this section shall include an appraisal of

unpaid obligations under fixed appropriation accounts for which the

period of availability for obligation has ended.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 937; Pub. L. 101-510,

div. A, title XIV, Sec. 1405(a)(1), Nov. 5, 1990, 104 Stat. 1678.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1556(a) 31:703(b)(1st July 25, 1956, ch. 727, Sec.

sentence words 3(b), 70 Stat. 649; Reorg.

before 4th comma). Plan No. 2 of 1970, eff. July

1, 1970, Sec. 102(a), 84 Stat.

2085.

1556(b) 31:703(b)(1st

sentence words

after 4th comma,

last sentence).

--------------------------------------------------------------------

In the section, the word "President" is substituted for "Director

of the Office of Management and Budget" because sections 101 and

102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84

Stat. 2085) designated the Bureau of the Budget as the Office of

Management and Budget and transferred all functions of the Bureau

to the President.

AMENDMENTS

1990 - Pub. L. 101-510 substituted "General: reports" for

"General reports" in section catchline and amended text generally.

Prior to amendment, text read as follows:

"(a) In carrying out audit responsibilities, the Comptroller

General shall report on operations under this subchapter to -

"(1) the head of the agency concerned;

"(2) the Secretary of the Treasury; and

"(3) the President.

"(b) A report under this section shall include an appraisal of

unpaid obligations under appropriation accounts established under

section 1552 of this title. By the 30th day after receiving a

report, the head of the agency concerned shall carry out actions

required by section 1554 of this title that the report shows is

necessary."

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-510 applicable to any appropriation

account the obligated balance of which, on Nov. 5, 1990, has not

been transferred under section 1552(a)(1) of this title, as in

effect Nov. 4, 1990, with transitional provisions, see section

1405(b) of Pub. L. 101-510, set out as a note under section 1551 of

this title.

-End-

-CITE-

31 USC Sec. 1557 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 15 - APPROPRIATION ACCOUNTING

SUBCHAPTER IV - CLOSING ACCOUNTS

-HEAD-

Sec. 1557. Authority for exemptions in appropriation laws

-STATUTE-

A provision of an appropriation law may exempt an appropriation

from the provisions of this subchapter and fix the period for which

the appropriation remains available for expenditure.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 937; Pub. L. 101-510,

div. A, title XIV, Sec. 1405(a)(1), Nov. 5, 1990, 104 Stat. 1679.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1557 31:708. July 25, 1956, ch. 727, Sec.

9, 70 Stat. 650.

--------------------------------------------------------------------

AMENDMENTS

1990 - Pub. L. 101-510 substituted "Authority for exemptions in

appropriation laws" for "Authorization to exempt" in section

catchline and amended text generally. Prior to amendment, text read

as follows: "A provision of an appropriation law may exempt an

appropriation from this subchapter and fix the period for which the

appropriation remains available for expenditure."

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-510 applicable to any appropriation

account the obligated balance of which, on Nov. 5, 1990, has not

been transferred under section 1552(a)(1) of this title, as in

effect Nov. 4, 1990, with transitional provisions, see section

1405(b) of Pub. L. 101-510, set out as a note under section 1551 of

this title.

-End-

-CITE-

31 USC Sec. 1558 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 15 - APPROPRIATION ACCOUNTING

SUBCHAPTER IV - CLOSING ACCOUNTS

-HEAD-

Sec. 1558. Availability of funds following resolution of a formal

protest or other challenge

-STATUTE-

(a) Notwithstanding section 1552 of this title or any other

provision of law, funds available to an agency for obligation for a

contract at the time a protest or other action referred to in

subsection (b) is filed in connection with a solicitation for,

proposed award of, or award of such contract shall remain available

for obligation for 100 days after the date on which the final

ruling is made on the protest or other action. A ruling is

considered final on the date on which the time allowed for filing

an appeal or request for reconsideration has expired, or the date

on which a decision is rendered on such an appeal or request,

whichever is later.

(b) Subsection (a) applies with respect to -

(1) any protest filed under subchapter V of chapter 35 of this

title; or

(2) an action commenced under administrative procedures or for

a judicial remedy if -

(A) the action involves a challenge to -

(i) a solicitation for a contract;

(ii) a proposed award of a contract;

(iii) an award of a contract; or

(iv) the eligibility of an offeror or potential offeror for

a contract or of the contractor awarded the contract; and

(B) commencement of the action delays or prevents an

executive agency from making an award of a contract or

proceeding with a procurement.

-SOURCE-

(Added Pub. L. 101-189, div. A, title VIII, Sec. 813(a), Nov. 29,

1989, 103 Stat. 1494; amended Pub. L. 104-106, div. E, title LV,

Sec. 5502(a), (b), Feb. 10, 1996, 110 Stat. 698, 699.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-106, Sec. 5502(b), substituted "of a formal

protest or other challenge" for "of a protest" in section

catchline.

Subsec. (a). Pub. L. 104-106, Sec. 5502(a)(1), inserted "or other

action referred to in subsection (b)" after "time a protest",

substituted "100 days" for "90 working days", and inserted "or

other action" after "on the protest".

Subsec. (b). Pub. L. 104-106, Sec. 5502(a)(2), added subsec. (b)

and struck out former subsec. (b) which read as follows:

"Subsection (a) applies with respect to any protest filed under

subchapter V of chapter 35 of this title or under section 111(f) of

the Federal Property and Administrative Services Act of 1949 (40

U.S.C. 759(f))."

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective 180 days after Feb. 10,

1996, see section 5701 of Pub. L. 104-106, div. E, title LVII, Feb.

10, 1996, 110 Stat. 702.

-End-

-CITE-

31 USC SUBTITLE III - FINANCIAL MANAGEMENT 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

-HEAD-

SUBTITLE III - FINANCIAL MANAGEMENT

-MISC1-

Chap. Sec.

31. Public Debt 3101

33. Depositing, Keeping, and Paying Money 3301

35. Accounting and Collection 3501

37. Claims 3701

38. Administrative Remedies for False Claims and

Statements 3801

39. Prompt Payment 3901

AMENDMENTS

1986 - Pub. L. 99-509, title VI, Sec. 6103(b), Oct. 21, 1986, 100

Stat. 1948, added item for chapter 38.

1983 - Pub. L. 97-452, Sec. 1(18)(B), Jan. 12, 1983, 96 Stat.

2477, added item for chapter 39.

-SECREF-

SUBTITLE REFERRED TO IN OTHER SECTIONS

This subtitle is referred to in title 10 section 2773a.

-End-