
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 31USC1551]

 
                       TITLE 31--MONEY AND FINANCE
 
                     SUBTITLE II--THE BUDGET PROCESS
 
                  CHAPTER 15--APPROPRIATION ACCOUNTING
 
                     SUBCHAPTER IV--CLOSING ACCOUNTS
 
Sec. 1551. Definitions; applicability of subchapter

    (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.

(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.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised Section                   Source (U.S. Code)                
Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1551(a)..............................  31:701(c)(1st sentence).        July 25,
 1956, ch. 727, Sec.  1(c)(1st
                                                                        sentenc
e), 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.''

                  Section Referred to in Other Sections

    This section is referred to in title 10 section 2216.
