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

Page 192 TITLE 31—MONEY AND FINANCE § 1513 definition of ‘‘appropriation’’ in section 1511 of the re- vised title. The words ‘‘at a rate’’ are substituted for ‘‘in a manner’’ for clarity. The words ‘‘indefinite pe- riod’’ are substituted for ‘‘not limited to a definite pe- riod of time’’ for consistency in the revised title. The words ‘‘An apportionment may be reapportioned under this section’’ are substituted for 31:665(c)(4)(words after 1st comma) to eliminate unnecessary words. In subsection (b)(1), before clause (A), the word ‘‘ap- portioned’’ is substituted for ‘‘distributed’’ for consist- ency in the revised section. In subsections (b)(2) and (d), the word ‘‘official’’ is substituted for ‘‘officer’’ for consistency in the revised title. In subsection (c)(1)(C), the words ‘‘by law’’ are sub- stituted for ‘‘by particular appropriation Acts or other laws’’ to eliminate unnecessary words. In subsection (c)(2), the words ‘‘appropriation re- quests’’ are substituted for ‘‘estimates of appropria- tions’’ for consistency with chapter 11 of the revised title. Editorial Notes REFERENCES IN TEXT The Impoundment Control Act of 1974, referred to in subsec. (c)(2), is parts A and B of title X of Pub. L. 93–344, July 12, 1974, 88 Stat. 332, which is classified principally to subchapters I (§ 681) and II (§ 682 et seq.) of chapter 17B of Title 2, The Congress. For complete classification of this Act to the Code, see Short Title note set out under section 681 of Title 2 and Tables. Statutory Notes and Related Subsidiaries APPORTIONMENT OF FUNDS APPROPRIATED TO DISTRICT OF COLUMBIA GOVERNMENT Pub. L. 100–202, § 101(c) [title I, § 135], Dec. 22, 1987, 101 Stat. 1329–90, 1329–102, provided that: ‘‘Federal funds hereafter appropriated to the District of Columbia gov- ernment shall not be subject to apportionment except to the extent specifically provided by statute.’’ § 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 shall apportion the appropriation in writing. An ap- propriation 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 avail- able. (b)(1) The President shall apportion in writing an appropriation available to an executive agen- cy (except the Commission) that is required to be apportioned under section 1512 of this title. The head of each executive agency to which the appropriation is available shall submit to the President information required for the appor- tionment 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 appor- tioning 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 available; or (B) 30 days after the date of enactment of the law by which the appropriation is made available. (c) By the first day of each fiscal year, the head of each executive department of the United States Government shall apportion among the major organizational units of the department the maximum amount to be expended by each unit during the fiscal year out of each contin- gent fund appropriated for the entire year for the department. Each amount may be changed during the fiscal year only by written direction of the head of the department. The direction shall state the reasons for the change. (d) An appropriation apportioned under this subchapter may be divided and subdivided ad- ministratively within the limits of the appor- tionment. (e) This section does not affect the initiation and operation of agricultural price support pro- grams. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 930.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1513(a) ..... 31:665(d)(1). R.S. § 3679(d)(1), (2)(1st–4th sentences, 6th sentence 1st–22d words), (g)(1st sen- tence); Mar. 3, 1905, ch. 1484, § 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, § 3, 34 Stat. 48; restated Sept. 6, 1950, ch. 896, § 1211, 64 Stat. 766, 767; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, § 102(a), 84 Stat. 2085; Jan. 3, 1975, Pub. L. 93–618, § 175(a)(2), 88 Stat. 2011. 1513(b) ..... 31:665(d)(2)(1st–4th sentences). 1513(c) ..... 31:669(words before semicolon). Aug. 23, 1912, ch. 350, § 6(words before semicolon), 37 Stat. 414. 1513(d) ..... 31:665(g)(1st sen- tence). 1513(e) ..... 31:665(d)(2)(6th sen- tence 1st–22d words). In the section, the word ‘‘apportion’’ is substituted for ‘‘apportionment or reapportionment’’ because of section 1512(a)(last sentence) of the revised title. In subsection (a), before clause (1), the word ‘‘offi- cial’’ is substituted for ‘‘officer’’ for consistency in the revised title. The words ‘‘judicial branch’’ are sub- stituted for ‘‘judiciary’’, and the words ‘‘District of Co- lumbia government’’ are substituted for ‘‘District of Columbia’’, for consistency. In subsection (b), the word ‘‘President’’ is substituted for ‘‘Director of the Office of Management and Budget’’, ‘‘Office of Management and Budget’’, and ‘‘Director’’ 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. In subsection (b)(1), the words ‘‘(except the Commis- sion)’’ are added because the International Trade Com- mission is covered specifically by the source provisions restated in subsection (a). 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 require- ments specified in subsection (c), the first and second provisos of subsection (d)(1), and subsection (d)(2) of such section 204 [136 Stat. 257] shall continue to apply.’’ Pub. L. 117–103, div. E, title II, § 204(b), Mar. 15, 2022, 136 Stat. 257, provided that: ‘‘Not later than 120 days after the date of enactment of this Act [Mar. 15, 2022], the Office of Management and Budget shall complete implementation of an automated system 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 Government Data Asset (as defined in section 3502 of title 44, United States Code), not later than 2 business days after the date of approval of such apportionment, and shall place on such website each document apportioning an appro- priation, pursuant to such section 1513(b), including any associated footnotes, already approved the current fiscal year, and shall report the date of completion of such requirements to the Committees on Appropria- tions and the Budget of the House of Representatives and Senate.’’ § 1514. Administrative division of apportion- ments (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, and, subject to the ap- proval of the President, the head of each execu- tive agency (except the Commission) shall pre- scribe by regulation a system of administrative control not inconsistent with accounting proce- dures prescribed under law. The system shall be designed to— (1) restrict obligations or expenditures from each appropriation to the amount of appor- tionments or reapportionments of the appro- priation; and (2) enable the official or the head of the ex- ecutive agency to fix responsibility for an ob- ligation or expenditure exceeding an appor- tionment or reapportionment. (b) To have a simplified system for adminis- tratively dividing appropriations, the head of each executive agency (except the Commission) shall work toward the objective of financing each operating unit, at the highest practical level, from not more than one administrative di- vision for each appropriation affecting the unit. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 930.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1514(a) ..... 31:665(g)(2d sen- tence). R.S. § 3679(g)(2d sentence); Mar. 3, 1905, ch. 1484, § 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, § 3, 34 Stat. 48; restated Sept. 6, 1950, ch. 896, § 1211, 64 Stat. 767; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, § 102(a), 84 Stat. 2085; Jan. 3, 1975, Pub. L. 93–618, § 175(a)(2), 88 Stat. 2011. 1514(b) ..... 31:665(g)(last sen- tence). R.S. § 3679(g)(last sentence); added Aug. 1, 1956, ch. 814, § 3, 70 Stat. 783. In the section, the words ‘‘(except the Commission)’’ are added because the International Trade Commission is covered specifically by the source provisions restated in this section. In subsection (a), the word ‘‘official’’ is substituted for ‘‘officer’’ for consistency in the revised title. The words ‘‘judicial branch’’ are substituted for ‘‘judici- ary’’, and the words ‘‘District of Columbia govern- ment’’ are substituted for ‘‘District of Columbia’’, for consistency. The word ‘‘President’’ is substituted for ‘‘Director of the Office of Management and Budget’’ be- cause 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. In subsection (b), the words ‘‘dividing’’ and ‘‘divi- sion’’ are substituted for ‘‘subdivision’’ for consistency in the revised section. The word ‘‘appropriations’’ is substituted for ‘‘appropriations or funds’’ because of the definition of ‘‘appropriation’’ in section 1511 of the revised title. § 1515. Authorized apportionments necessitating deficiency or supplemental appropriations (a) An appropriation required to be appor- tioned under section 1512 of this title may be ap- portioned 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 per- sonnel. (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 appor- tionment under section 1512 of this title that would indicate a necessity for a deficiency or supplemental appropriation only when the offi- cial or agency head decides that the action is re- quired because of— (A) a law enacted after submission to Con- gress of the estimates for an appropriation that requires an expenditure beyond adminis- trative control; or