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31 U.S.C. § 1512 — Apportionment and reserves

Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 1512 — Apportionment and reserves

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Source location: Title 31, Chapter 15, § 1512; chapter-015-appropriation-accounting.md

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**(a)** Except as provided in this subchapter, an appropriation available for obligation for a definite period shall be apportioned to prevent obligation or expenditure at a rate that would indicate a necessity for a deficiency or supplemental appropriation for the period. An appropriation for an indefinite period and authority to make obligations by contract before appropriations shall be apportioned to achieve the most effective and economical use. An apportionment may be reapportioned under this section. **(b)** (1) An appropriation subject to apportionment is apportioned by— (A) months, calendar quarters, operating seasons, or other time periods; (B) activities, functions, projects, or objects; or (C) a combination of the ways referred to in clauses (A) and (B) of this paragraph. (2) The official designated in [section 1513 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1513&num=0&edition=prelim) to make apportionments shall apportion an appropriation under paragraph (1) of this subsection as the official considers appropriate. Except as specified by the official, an amount apportioned is available for obligation under the terms of the appropriation on a cumulative basis unless reapportioned. **(c)** (1) In apportioning or reapportioning an appropriation, a reserve may be established only— (A) to provide for contingencies; (B) to achieve savings made possible by or through changes in requirements or greater efficiency of operations; or (C) as specifically provided by law. (2) A reserve established under this subsection may be changed as necessary to carry out the scope and objectives of the appropriation concerned. When an official designated in [section 1513 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1513&num=0&edition=prelim) to make apportionments decides that an amount reserved will not be required to carry out the objectives and scope of the appropriation concerned, the official shall recommend the rescission of the amount in the way provided in chapter 11 of this title for appropriation requests. Reserves established under this section shall be reported to Congress as provided in the Impoundment Control Act of 1974 ([2 U.S.C. 681](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section681&num=0&edition=prelim) et seq.). **(d)** An apportionment or a reapportionment shall be reviewed at least 4 times a year by the official designated in [section 1513 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1513&num=0&edition=prelim) to make apportionments.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 1513 — Officials controlling apportionments

**(a)** The official having administrative control of an appropriation available to the legislative branch, the judicial branch, the United States International Trade Commission, or the District of Columbia government that is required to be apportioned under [section 1512 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1512&num=0&edition=prelim) shall apportion the appropriation in writing. An appropriation shall be apportioned not later than the later of the following: (1) 30 days before the beginning of the fiscal year for which the appropriation is available; or (2) 30 days after the date of enactment of the law by which the appropriation is made available. **(b)** (1) The President shall apportion in writing an appropriation available to an executive agency (except the Commission) that is required to be apportioned under [section 1512 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1512&num=0&edition=prelim). The head of each executive agency to which the appropriation is available shall submit to the President information required for the apportionment in the form and the way and at the time specified by the President. The information shall be submitted not later than the later of the following: (A) 40 days before the beginning of the fiscal year for which the appropriation is available; or (B) 15 days after the date of enactment of the law by which the appropriation is made available. (2) The President shall notify the head of the executive agency of the action taken in apportioning the appropriation under paragraph (1) of this subsection not later than the later of the following: (A) 20 days before the beginning of the fiscal year for which the appropriation is ava

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 681 — Disclaimer

Nothing contained in this Act, or in any amendments made by this Act, shall be construed as— (1) asserting or conceding the constitutional powers or limitations of either the Congress or the President; (2) ratifying or approving any impoundment heretofore or hereafter executed or approved by the President or any other Federal officer or employee, except insofar as pursuant to statutory authorization then in effect; (3) affecting in any way the claims or defenses of any party to litigation concerning any impoundment; or (4) superseding any provision of law which requires the obligation of budget authority or the making of outlays thereunder.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2201 — Apportionment of funds: authority for exemption; excepted expenses

**(a) Exemption From Apportionment Requirement.—** If the President determines such action to be necessary in the interest of national defense, the President may exempt from the provisions of [section 1512 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1512&num=0&edition=prelim) appropriations, funds, and contract authorizations available for military functions of the Department of Defense. **(b) Airborne Alerts.—** Upon a determination by the President that such action is necessary, the Secretary of Defense may provide for the cost of an airborne alert as an excepted expense under section 6301(a) and (b)(1)–(3) of title 41. **(c) Members on Active Duty.—** Upon a determination by the President that it is necessary to increase (subject to limits imposed by law) the number of members of the armed forces on active duty beyond the number for which funds are provided in appropriation Acts for the Department of Defense, the Secretary of Defense may provide for the cost of such additional members as an excepted expense under section 6301(a) and (b)(1)–(3) of title 41. **(d) Notification to Congress.—** The Secretary of Defense shall immediately notify Congress of the use of any authority under this section.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 1515 — Authorized apportionments necessitating deficiency or supplemental appropriations

**(a)** An appropriation required to be apportioned under [section 1512 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1512&num=0&edition=prelim) may be apportioned on a basis that indicates the need for a deficiency or supplemental appropriation to the extent necessary to permit payment of such pay increases as may be granted pursuant to law to civilian officers and employees (including prevailing rate employees whose pay is fixed and adjusted under subchapter IV of chapter 53 of title 5) and to retired and active military personnel. **(b)** (1) Except as provided in subsection (a) of this section, an official may make, and the head of an executive agency may request, an apportionment under [section 1512 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1512&num=0&edition=prelim) that would indicate a necessity for a deficiency or supplemental appropriation only when the official or agency head decides that the action is required because of— (A) a law enacted after submission to Congress of the estimates for an appropriation that requires an expenditure beyond administrative control; or (B) an emergency involving the safety of human life, the protection of property, or the immediate welfare of individuals when an appropriation that would allow the United States Government to pay, or contribute to, amounts required to be paid to individuals in specific amounts fixed by law or under formulas prescribed by law, is insufficient. (2) If an official making an apportionment decides that an apportionment would indicate a necessity for a deficiency or supplemental appropriation, the official shall submit immediately a detailed report of the facts to Congress. The report shall be referr

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 681 — Disclaimer

Page 217 TITLE 2—THE CONGRESS § 681 Title 31, prior to repeal and reenactment as sections 1105(a)(15), 1106(b), and 1108(d) of Title 31, Money and Fi- nance, by Pub. L. 97–258, § 5(b), Sept. 13, 1982, 96 Stat. 1068, the first section of which enacted Title 31. Section 665a, Pub. L. 93–344, title VI, § 602, as added Pub. L. 101–508, title XIII, § 13111, Nov. 5, 1990, 104 Stat. 1388–603; amended Pub. L. 103–322, title XXXI, § 310001(f)(1), Sept. 13, 1994, 108 Stat. 2103, related to committee allocations and enforcement. A prior section 602 of Pub. L. 93–344, title VI, July 12, 1974, 88 Stat. 324, was classified to section 11 of former Title 31, prior to repeal and reenactment as section 1106(a) of Title 31, Money and Finance, by Pub. L. 97–258, § 5(b), Sept. 13, 1982, 96 Stat. 1068, the first sec- tion of which enacted Title 31. Section 665b, Pub. L. 93–344, title VI, § 603, as added Pub. L. 101–508, title XIII, § 13111, Nov. 5, 1990, 104 Stat. 1388–605, related to consideration of legislation before adoption of budget resolution for that fiscal year. A prior section 603 of Pub. L. 93–344, title VI, July 12, 1974, 88 Stat. 324, was classified to section 11 of former Title 31, prior to repeal and reenactment in section 1105(a)(1)–(14) of Title 31, Money and Finance, by Pub. L. 97–258, § 5(b), Sept. 13, 1982, 96 Stat. 1068, the first sec- tion of which enacted Title 31. Section 665c, Pub. L. 93–344, title VI, § 604, as added Pub. L. 101–508, title XIII, § 13111, Nov. 5, 1990, 104 Stat. 1388–605, related to reconciliation directives regarding pay-as-you-go requirements. A prior section 604 of Pub. L. 93–344, title VI, July 12, 1974, 88 Stat. 324, was classified to section 11 of former Title 31, prior to repeal and reenactment in section 110

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 1512 — Apportionment and reserves

Page 191 TITLE 31—MONEY AND FINANCE § 1512 Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which certain reporting requirements under this section are listed on page 9), see section 3003 of Pub. L. 104–66, as amended, and sec- tion 1(a)(4) [div. A, § 1402(1)] of Pub. L. 106–554, set out as notes under section 1113 of this title. SUBCHAPTER II—APPORTIONMENT § 1511. Definition and application (a) In this subchapter, ‘‘appropriations’’ means— (1) appropriated amounts; (2) funds; and (3) authority to make obligations by con- tract before appropriations. (b) This subchapter does not apply to— (1) amounts (except amounts for administra- tive expenses) available— (A) for price support and surplus removal of agricultural commodities; and (B) under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c); (2) a corporation getting amounts to make loans (except paid in capital amounts) without legal liability on the part of the United States Government; and (3) the Senate, the House of Representatives, a committee of Congress, a member, officer, employee, or office of either House of Con- gress, or the Office of the Architect of the Cap- itol or an officer or employee of that Office. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 928.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1511(a) ..... 31:665(c)(1)(last sen- tence), (d)(2)(5th sentence). R.S. § 3679(c)(1)(last sentence), (d)(2)(5th sentence, 6th sen- tence less 1st–22d words, last sentence related to price supports), (f)(

Source: Supplied 2024 U.S. Code historical extraction · 31 U.S.C. § 1512

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