31 U.S.C. § 1558 — Availability of funds following resolution

Page 205 TITLE 31—MONEY AND FINANCE § 1558 vided 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 ap- propriation for 2 consecutive fiscal years. ‘‘(b) An amount of an appropriation withdrawn under this section may be restored to the applicable appro- priation account to pay obligations and to settle ac- counts.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–510 applicable to any ap- propriation 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. § 1556. Comptroller General: reports on appro- priation accounts (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 ap- propriation accounts for which the period of availability for obligation has ended. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 937; Pub. L. 101–510, div. A, title XIV, § 1405(a)(1), Nov. 5, 1990, 104 Stat. 1678.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1556(a) ..... 31:703(b)(1st sen- tence words be- fore 4th comma). July 25, 1956, ch. 727, § 3(b), 70 Stat. 649; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, § 102(a), 84 Stat. 2085. 1556(b) ..... 31:703(b)(1st sen- tence 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. Editorial Notes 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 fol- lows: ‘‘(a) In carrying out audit responsibilities, the Comp- troller 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 ap- praisal of unpaid obligations under appropriation ac- counts 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 nec- essary.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–510 applicable to any ap- propriation 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. § 1557. Authority for exemptions in appropriation laws A provision of an appropriation law may ex- empt an appropriation from the provisions of this subchapter and fix the period for which the appropriation remains available for expenditure. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 937; Pub. L. 101–510, div. A, title XIV, § 1405(a)(1), Nov. 5, 1990, 104 Stat. 1679.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1557 ......... 31:708. July 25, 1956, ch. 727, § 9, 70 Stat. 650. Editorial Notes AMENDMENTS 1990—Pub. L. 101–510 substituted ‘‘Authority for ex- emptions in appropriation laws’’ for ‘‘Authorization to exempt’’ in section catchline and amended text gen- erally. Prior to amendment, text read as follows: ‘‘A provision of an appropriation law may exempt an ap- propriation from this subchapter and fix the period for which the appropriation remains available for expendi- ture.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–510 applicable to any ap- propriation 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. § 1558. Availability of funds following resolution of a formal protest or other challenge (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 sub- section (b) is filed in connection with a solicita- tion for, proposed award of, or award of such contract shall remain available for obligation for 100 days after the date on which the final rul- ing 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 administra- tive 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; Page 206 TITLE 31—MONEY AND FINANCE § 3101 1 See References in Text note below. (iii) an award of a contract; or (iv) the eligibility of an offeror or poten- tial offeror for a contract or of the con- tractor 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. (Added Pub. L. 101–189, div. A, title VIII, § 813(a), Nov. 29, 1989, 103 Stat. 1494; amended Pub. L. 104–106, div. E, title LV, § 5502(a), (b), Feb. 10, 1996, 110 Stat. 698, 699.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–106, § 5502(b), substituted ‘‘of a for- mal protest or other challenge’’ for ‘‘of a protest’’ in section catchline. Subsec. (a). Pub. L. 104–106, § 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 pro- test’’. Subsec. (b). Pub. L. 104–106, § 5502(a)(2), added subsec. (b) and struck out former subsec. (b) which read as fol- lows: ‘‘Subsection (a) applies with respect to any pro- test filed under subchapter V of chapter 35 of this title or under section 111(f) of the Federal Property and Ad- ministrative Services Act of 1949 (40 U.S.C. 759(f)).’’ Statutory Notes and Related Subsidiaries 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. SUBTITLE III—FINANCIAL MANAGEMENT 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 Editorial Notes AMENDMENTS 1986—Pub. L. 99–509, title VI, § 6103(b), Oct. 21, 1986, 100 Stat. 1948, added item for chapter 38. 1983—Pub. L. 97–452, § 1(18)(B), Jan. 12, 1983, 96 Stat. 2477, added item for chapter 39. CHAPTER 31—PUBLIC DEBT SUBCHAPTER I—BORROWING AUTHORITY Sec. 3101. Public debt limit. 3101A. Presidential modification of the debt ceiling. 3102. Bonds. 3103. Notes. 3104. Certificates of indebtedness and Treasury bills. 3105. Savings bonds and savings certificates. 3106. Retirement and savings bonds. 3107. Increasing interest rates and investment yields on retirement bonds. 3108. Prohibition against circulation privilege. Sec. 3109. Tax and loss bonds. 3110. Sale of obligations of governments of foreign countries. 3111. New issue used to buy, redeem, or refund out- standing obligations. 3112. Sinking fund for retiring and cancelling bonds and notes. 3113. Accepting gifts. SUBCHAPTER II—ADMINISTRATIVE 3121. Procedure. 3122. Banks and trust companies as depositaries. 3123. Payment of obligations and interest on the public debt. 3124. Exemption from taxation. 3125. Relief for lost, stolen, destroyed, mutilated, or defaced obligations. 3126. Losses and relief from liability related to re- deeming savings bonds and notes. 3127. Credit to officers, employees, and agents for stolen Treasury notes. 3128. Proof of death to support payment. 3129. Appropriation to pay expenses. 3130. Annual public debt report. Editorial Notes AMENDMENTS 2011—Pub. L. 112–25, title III, § 301(b), Aug. 2, 2011, 125 Stat. 255, added item 3101A. 1993—Pub. L. 103–202, title II, § 201(b), Dec. 17, 1993, 107 Stat. 2356, added item 3130. SUBCHAPTER I—BORROWING AUTHORITY § 3101. Public debt limit (a) In this section, the current redemption value of an obligation issued on a discount basis and redeemable before maturity at the option of its holder is deemed to be the face amount of the obligation. (b) The face amount of obligations issued under this chapter and the face amount of obli- gations whose principal and interest are guaran- teed by the United States Government (except guaranteed obligations held by the Secretary of the Treasury) may not be more than $14,294,000,000,000, outstanding at one time, sub- ject to changes periodically made in that amount as provided by law through the congres- sional budget process described in Rule XLIX 1 of the Rules of the House of Representatives or as provided by section 3101A or otherwise. (c) For purposes of this section, the face amount, for any month, of any obligation issued on a discount basis that is not redeemable be- fore maturity at the option of the holder of the obligation is an amount equal to the sum of— (1) the original issue price of the obligation, plus (2) the portion of the discount on the obliga- tion attributable to periods before the begin- ning of such month (as determined under the principles of section 1272(a) of the Internal Revenue Code of 1986 without regard to any ex- ceptions contained in paragraph (2) of such section). (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 938; Pub. L. 98–34, § 1(a), May 26, 1983, 97 Stat. 196; Pub. L. 98–161, Nov. 21, 1983, 97 Stat. 1012; Pub. L. 98–342, § 1(a), July 6, 1984, 98 Stat. 313; Pub. L. 98–475,