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

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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Source file: Laws/federal/codes/united-states-code/title-31/section-1515-authorized-apportionments-necessitating-deficiency-or-supplemental-appro--820f1018d4.md
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Source location: Title 31, Chapter 15, § 1515; chapter-015-appropriation-accounting.md

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**(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 referred to in submitting a proposed deficiency or supplemental appropriation.

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

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

**(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/

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

31 U.S.C. § 1515 — Authorized apportionments necessitating

Page 193 TITLE 31—MONEY AND FINANCE § 1515 In subsection (b)(2), the words ‘‘head of the executive agency’’ are substituted for ‘‘agency’’ as being more precise and because of section 102 of the revised title. In subsection (c), the words ‘‘In addition to the appor- tionment required by section 665 of this title’’ are omit- ted as unnecessary because of the restatement. The words ‘‘By the first day’’ are substituted for ‘‘on or be- fore the beginning’’, and the words ‘‘of the United States Government’’ are added, for clarity. The words ‘‘major organizational unit’’ are substituted for ‘‘office or bureau’’ for consistency in the revised section. The word ‘‘changed’’ is substituted for ‘‘increased or dimin- ished’’ to eliminate unnecessary words. In subsection (e), the words ‘‘initiation and oper- ation’’ are substituted for ‘‘initiation, operation, and administration’’ to eliminate unnecessary words. Statutory Notes and Related Subsidiaries AUTOMATED SYSTEM FOR POSTING APPROPRIATION APPORTIONMENT DOCUMENTS Pub. L. 117–328, div. E, title II, § 204, Dec. 29, 2022, 136 Stat. 4667, provided that: ‘‘In fiscal year 2023 and each fiscal year thereafter—(1) the Office of Management and Budget shall operate and maintain the automated system required to be implemented by section 204 of the Financial Services and General Government Appro- priations Act, 2022 (division E of Public Law 117–103) [see section 204(b) set out below] and shall continue to post each document apportioning an appropriation, pursuant to section 1513(b) of title 31, United States Code, including any associated footnotes, in a format that qualifies each such document as an open Govern- ment data asset (as that term is defined in section 3502 of title 44, United States Code); and (2) the

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