Legislación
US (United States) Code. Title 31. Subtitle II: The Budget process. Chapter 15: Appropriation accounting
-CITE-
31 USC CHAPTER 15 - APPROPRIATION ACCOUNTING 01/06/03
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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-
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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
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31 USC Sec. 1501 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. 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
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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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
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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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-
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31 USC Sec. 1503 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. 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
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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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-
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31 USC SUBCHAPTER II - APPORTIONMENT 01/06/03
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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-
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31 USC Sec. 1511 01/06/03
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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
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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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-
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31 USC Sec. 1512 01/06/03
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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
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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-
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31 USC Sec. 1513 01/06/03
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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-
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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-
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