31 U.S.C. § 1557 — Authority for exemptions in appropriation

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 ‘‘(b) An amount of an appropriation withdrawn under this section may be restored to the applicable appro- priation account to pay obligations and to settle ac- counts.’’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;