31 U.S.C. § 1502

Balances available

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(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.(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 928.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
1502(a)	31:200(d).	Aug. 26, 1954, ch. 935, § 1311(d), 68 Stat. 831.
	31:712a.	July 6, 1949, ch. 299, § 1, 63 Stat. 407.
1502(b)	31:665b.	July 1, 1973, Pub. L. 93–52, § 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.

Statutory Notes and Related SubsidiariesQuarterly Reports

Pub. L. 119–75, div. B, title V, § 523, Feb. 3, 2026, 140 Stat. 321, provided that: “Not later than 30 days after the end of each calendar quarter, beginning with the first month of fiscal year 2026 the Departments of Labor, Health and Human Services and Education and the Social Security Administration shall provide the Committees on Appropriations of the House of Representatives and Senate a report on the status of balances of appropriations: Provided, That for balances that are unobligated and uncommitted, committed, and obligated but unexpended, the monthly reports shall separately identify the amounts attributable to each source year of appropriation (beginning with fiscal year 2012, or, to the extent feasible, earlier fiscal years) from which balances were derived.”

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 118–47, div. D, title V, § 524, Mar. 23, 2024, 138 Stat. 707.

Pub. L. 117–328, div. H, title V, § 524, Dec. 29, 2022, 136 Stat. 4912.

Pub. L. 117–103, div. H, title V, § 524, Mar. 15, 2022, 136 Stat. 500.

Pub. L. 116–260, div. H, title V, § 525, Dec. 27, 2020, 134 Stat. 1626.

Pub. L. 116–94, div. A, title V, § 525, Dec. 20, 2019, 133 Stat. 2611.

Pub. L. 115–245, div. B, title V, § 525, Sept. 28, 2018, 132 Stat. 3122.

Pub. L. 115–141, div. H, title V, § 526, Mar. 23, 2018, 132 Stat. 768.

Pub. L. 115–31, div. H, title V, § 526, May 5, 2017, 131 Stat. 566.

Pub. L. 114–113, div. H, title V, § 526, Dec. 18, 2015, 129 Stat. 2653.

Pub. L. 113–235, div. G, title V, § 523, Dec. 16, 2014, 128 Stat. 2518.

Pub. L. 113–76, div. H, title V, § 524, Jan. 17, 2014, 128 Stat. 413.

Pub. L. 112–74, div. F, title V, § 526, Dec. 23, 2011, 125 Stat. 1115.

Availability of Energy and Water Development Appropriations Limited to Fiscal Year In Which Appropriated

Pub. L. 102–377, title V, § 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.”

Notes of Decisions

Cited in 25 cases (5 in the last 5 years), 1983–2025 · leading case: Crassociates, Inc. v. United States, 95 Fed. Cl. 357 (Fed. Cl. 2010).

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Crassociates, Inc. v. United States, 95 Fed. Cl. 357 (Fed. Cl. 2010). · cites it 2× “First, the record indicates that CRA received a weakness on this factor, not because of any cost considerations, but because the evaluators were concerned that the excess space would be underutilized and put the agency at risk of being cited during audits for violating the “bona…”

West Virginia Ass'n of Cmty. Health Centers, Inc. v. Margaret M. Heckler, Sec'y, Health & Human Servs., 734 F.2d 1570 (D.C. Cir. 1984). · cites it 2× “See 31 U.S.C. § 1502 (a); National Association of Regional Councils v.”

Williams v. Dist. of Columbia, 902 A.2d 91 (D.C. 2006). · cites it 2× “489, 495 (1983) ("Congress appropriates funds for only a single year's obligations, and the Anti-Deficiency Act prohibits anyone from obligating the government in excess of the dollars appropriated by Congress" (footnote omitted)).”

PCL Constr. Servs., Inc. v. United States, 41 Fed. Cl. 242 (Fed. Cl. 1998). · cites it 3× “31 U.S.C. § 1502 (1994). Funds have been classified on the basis of “duration” of appropriations as annual funds, multiple-year funds, and no-year funds.”

Maxwell Goodluck v. Joseph Biden, Jr., 104 F.4th 920 (D.C. Cir. 2024). “See 31 U.S.C. § 1502 (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 15 definite period does not affect the status of lawsuits or rights of action involving the right to an amount…”

New England Tank Indus. of New Hampshire, Inc. v. The United States, 861 F.2d 685 (Fed. Cir. 1989). “The government says DSA had authority to use the stock fund to finance the option, and was therefore unconditionally bound by its exercise of the option, because: (1) “[i]t is well established that, as long as funds are obligated in the fiscal year authorized, they may be spent…”

Lublin Corp. v. United States, 84 Fed. Cl. 678 (Fed. Cl. 2008). “§ 1347 (a) (setting forth limits on amounts "otherwise available for obligation”); 31 U.S.C. § 1502 (a) (providing rules for limiting an "obligation” to a definite fiscal year); 31 U.”

Murakami v. United States, 46 Fed. Cl. 653 (Fed. Cl. 2000). · cites it 2× “This action was taken in reliance upon 31 U.S.C. § 1502 (b), which, in appropriate circumstances, allows agencies to retain funds that would otherwise revert to the Treasury in anticipation of the payment of judgments and settlements in litigation.”

Population Inst. v. McPherson, 797 F.2d 1062 (D.C. Cir. 1986). · cites it 2× “For the reasons stated below, we agree that appellant will be irreparably harmed absent an injunction pending appeal.”

Star-Glo Assocs., LP v. United States, 59 Fed. Cl. 724 (Fed. Cl. 2004). “See 31 U.S.C. § 1502 (a) (2000), W.Va. Ass’n of Cmty.”

Int'l Union, United Auto., Aerospace & Agric. Implement Workers v. Donovan, 570 F. Supp. 210 (D.D.C. 1983). · cites it 2× “In fact, the head of an agency has the power to restore to the appropriate account part of a withdrawn, unobligated balance that has reverted to the Treasury where he decides that it is required “to pay obligations and make adjustments.”

Rochester Pure Waters Dist. v. USEPA, 724 F. Supp. 1038 (D.D.C. 1989). “[45] 31 U.S.C. § 1502 (b) belies EPA's argument.”

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— 31 U.S.C. § 1502(b) — 1 case

Int'l Union, United Auto., Aerospace & Agric. Implement Workers v. Donovan, 570 F. Supp. 210 (D.D.C. 1983). “In fact, the head of an agency has the power to restore to the appropriate account part of a withdrawn, unobligated balance that has reverted to the Treasury where he decides that it is required “to pay obligations and make adjustments.”

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