31 U.S.C. § 1552

Procedure for appropriation accounts available for definite periods

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(a) On September 30th of the 5th fiscal year after the period of availability for obligation of a fixed appropriation account ends, the account shall be closed and any remaining balance (whether obligated or unobligated) in the account shall be canceled and thereafter shall not be available for obligation or expenditure for any purpose.(b) Collections authorized or required to be credited to an appropriation account, but not received before closing of the account under subsection (a) or under section 1555 of this title shall be deposited in the Treasury as miscellaneous receipts.(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 935; Pub. L. 101–510, div. A, title XIV, § 1405(a)(1), Nov. 5, 1990, 104 Stat. 1676.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
1552(a)	31:701(a)(1).	July 25, 1956, ch. 727, § 1(a)(1), 70 Stat. 647; restated July 12, 1974, Pub. L. 93–344, § 503(a), 88 Stat. 321.
	31:701(a)(2).	July 25, 1956, ch. 727, § 1(a)(2), 70 Stat. 648; June 29, 1960, Pub. L. 86–533, § 1(25), 74 Stat. 249.
	31:701(b).	July 25, 1956, ch. 727, § 1(b), 70 Stat. 648; restated July 12, 1974, Pub. L. 93–344, § 503(b), 88 Stat. 322; Apr. 21, 1976, Pub. L. 94–273, § 45, 90 Stat. 382.
1552(b)	31:701(c)(last sentence).	July 25, 1956, ch. 727, §§ 1(c)(last sentence), (d), 5, 70 Stat. 648, 649.
1552(c)	31:701(d).
1552(d)	31:705.

In subsection (a), the text of 31:701(b)(1)(A) and (2)(A) and the words “for the period commencing on July 1, 1976, and ending on September 30, 1976, and for any fiscal year commencing on or after October 1, 1976” are omitted as executed.

In subsection (a)(1), the words “period of availability ends” are substituted for “that period or the fiscal year or years, as the case may be, for which the appropriation is available for obligation” to eliminate unnecessary words.

In subsection (a)(2), the words “reverts to the Treasury” are substituted for “if the appropriation was derived in whole or in part from the general fund, shall revert to such fund” to eliminate unnecessary words.

In subsection (b), the words “not received before” are substituted for “not received until after” for clarity. The words “unless otherwise authorized by law” are omitted as surplus. The words “Comptroller General” are substituted for “General Accounting Office” for consistency.

In subsection (c), the text of 31:701(d)(last sentence) is omitted as executed.

In subsection (d), before clause (1), the word “heading” is substituted for “heads” for clarity and consistency.

Editorial NotesAmendments

1990—Pub. L. 101–510 amended text generally, revising and restating former subsecs. (a) to (d) as subsecs. (a) and (b).

Statutory Notes and Related SubsidiariesEffective 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 subsec. (a)(1) of this section, 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.

Audit of Obligated Balances of Department of Defense

Pub. L. 101–510, div. A, title XIV, § 1406, Nov. 5, 1990, 104 Stat. 1680, required the Secretary of Defense to provide for an audit of each account of the Department of Defense established under subsec. (a)(1) of this section, as in effect on the day before Nov. 5, 1990, and to provide Congress with a final report on the audit by Dec. 31, 1991.

Notes of Decisions

Cited in 17 cases (1 in the last 5 years), 1984–2025 · leading case: Indep. Sch. Dist. 52 v. Hofmeister, 2020 OK 56 (Okla. 2020).

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Indep. Sch. Dist. 52 v. Hofmeister, 2020 OK 56 (Okla. 2020). · cites it 4× “1977) (unless specifically granted the power, a court "simply lacks the power to order the obligation of public funds, regardless of how appropriate a remedy that order would be"); 31 U.S.C.A. § 1552 (a) ("On September 30th of the 5th fiscal year after the period of availability…”

Cnty. of Westchester v. United States Dep't of Hous. & Urban Dev., 778 F.3d 412 (2d Cir. 2015). “; see 31 U.S.C. §§ 1552 (a), 1553(a). Accordingly, although the statutory authorily for the FY 2011 grant funds expired on September 30, 2013, the funds remain available to satisfy obligations chargeable to HUD before that date.”

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). “See 31 U.S.C. § 1552 (a)(2). In the present case, the Secretary’s budget authority with regard to FY83 funding lapsed on September 30, 1983, the last day of the fiscal year for which the funds were appropriated.”

Cnty. of Westchester v. United States Dep't of Hous. & Urban Dev., 802 F.3d 413 (2d Cir. 2015). “See 31 U.S.C. §§ 1552 (a), 1553(a); Cty. of Westchester v.”

Lublin Corp. v. United States, 84 Fed. Cl. 678 (Fed. Cl. 2008). “§ 1502 (a) (providing rules for limiting an "obligation” to a definite fiscal year); 31 U.S.C. § 1552 (a) (barring access to remaining balance "after the period of availability for obligation of a fixed appropriation account ends").”

United States v. Bd. of Educ. of City of Chicago, 621 F. Supp. 1296 (N.D. Ill. 1985). · cites it 2× “See 31 U.S.C. § 1552 (a)(2); Principles of Federal Appropriations Law at 33 (1982).”

Murakami v. United States, 46 Fed. Cl. 653 (Fed. Cl. 2000). “At the second oral argument conducted in this case, defendant cited two other provisions, 31 U.S.C. §§ 1552 (a) and 1553(a), as the source of the Attorney General’s power to make restitution payments after August 10, 1998.”

Population Inst. v. McPherson, 797 F.2d 1062 (D.C. Cir. 1986). “In general, a federal agency’s budget authority lapses on the last day of the period of which funds were obligated.”

Council of Athabascan Tribal Governments v. United States, 693 F. Supp. 2d 116 (D.D.C. 2010). · cites it 3× “) The defendants rely on 31 U.S.C. § 1552 , which states that “[o]n September 30th of the 5th fiscal year after the period of availability for obligation of a fixed appropriation account ends, the account shall be closed and any remaining balance (whether obligated or…”

Shoshone-Bannock Tribes of Fort Hall Reservation v. Shalala, 58 F. Supp. 2d 1191 (D. Or. 1999). “31 U.S.C. § 1552 (a). Such obligations may include amounts due under contracts.”

Multnomah Cnty., an Existing Cnty. Gov'T&a Body Politic & Corp. v. Azar, 340 F. Supp. 3d 1046 (D. Or. 2018). “(citing 31 U.S.C. § 1552 (a)(2) ). "Nevertheless, it is well settled that federal courts may award appropriated funds to a successful litigant even after the statutory lapse date if, as here, the suit was initiated on or before that date.”

Climate United Fund v. Citibank, N.A. (D.C. Cir. 2025). “19, 1988); see also 31 U.S.C. § 1552 (a) (providing that appropriation account does not close until five years after an appropriation expires).”

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