
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: 31USC1553]

 
                       TITLE 31--MONEY AND FINANCE
 
                     SUBTITLE II--THE BUDGET PROCESS
 
                  CHAPTER 15--APPROPRIATION ACCOUNTING
 
                     SUBCHAPTER IV--CLOSING ACCOUNTS
 
Sec. 1553. Availability of appropriation accounts to pay 
        obligations
        
    (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.

(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.)

                                          Historical and Revision Notes
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---------------------------------
           Revised Section                   Source (U.S. Code)                
Source (Statutes at Large)
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---------------------------------
1553(a)..............................  31:702(1st sentence).           July 25,
 1956, ch. 727, Sec.  2, 70 Stat.
                                                                        648.
1553(b)..............................  31:702(last sentence).
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---------------------------------

    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.

                  Section Referred to in Other Sections

    This section is referred to in section 1554 of this title.
