31 U.S.C. § 1516 — Exemptions

Page 194 TITLE 31—MONEY AND FINANCE § 1516 (B) an emergency involving the safety of human life, the protection of property, or the immediate welfare of individuals when an ap- propriation 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 for- mulas prescribed by law, is insufficient. (2) If an official making an apportionment de- cides that an apportionment would indicate a necessity for a deficiency or supplemental ap- propriation, the official shall submit imme- diately a detailed report of the facts to Con- gress. The report shall be referred to in submit- ting a proposed deficiency or supplemental ap- propriation. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 931; Pub. L. 100–202, § 105, Dec. 22, 1987, 101 Stat. 1329–433.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1515(a) ..... 31:665a. June 5, 1957, Pub. L. 85–48, § 210, 71 Stat. 55. 1515(b)(1) 31:665(e)(1). R.S. § 3679(e)(1); Mar. 3, 1905, ch. 1484, § 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, § 3, 34 Stat. 48; Sept. 6, 1950, ch. 896, § 1211, 64 Stat. 767; restated Aug. 28, 1957, Pub. L. 85–170, § 1401, 71 Stat. 440. 1515(b)(2) 31:665(e)(2). R.S. § 3679(e)(2); 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. In subsection (a), the words ‘‘On and after June 5, 1957’’ are omitted as executed. The words ‘‘deficiency or supplemental appropriation’’ are substituted for ‘‘sup- plemental or deficiency estimate of appropriation’’ for consistency with chapter 11 of the revised title. The words ‘‘prevailing rate employees whose pay is fixed and adjusted under subchapter IV of chapter 53 of title 5’’ are substituted for ‘‘those employees (commonly known as wage-board employees) whose compensation is fixed and adjusted from time to time in accordance with prevailing rates (5 U.S.C. 5102(c)(7), 5341 et seq.)’’ for consistency with title 5. In subsection (b), the word ‘‘apportionment’’ is sub- stituted for ‘‘apportionment or reapportionment’’ be- cause of section 1512(a)(last sentence) of the revised title. In subsection (b)(1), before clause (A), the words ‘‘Ex- cept as provided in subsection (a) of this section’’ are added because of the restatement. The word ‘‘appro- priation’’ is substituted for ‘‘estimate’’ for consistency in the revised section. The words ‘‘is insufficient’’ are added for clarity. In subsection (b)(2), the words ‘‘proposed deficiency or supplemental appropriation’’ are substituted for ‘‘de- ficiency or supplemental estimates’’ for consistency with chapter 11 of the revised title. Editorial Notes AMENDMENTS 1987—Subsec. (a). Pub. L. 100–202 added subsec. (a) and struck out former subsec. (a) which read as follows: ‘‘An appropriation required to be apportioned under section 1512 of this title may be apportioned on a basis that indicates a necessity for a deficiency or supple- mental appropriation to the extent necessary to permit payment of pay increases for prevailing rate employees whose pay is fixed and adjusted under subchapter IV of chapter 53 of title 5.’’ § 1516. Exemptions An official designated in section 1513 of this title to make apportionments may exempt from apportionment— (1) a trust fund or working fund if an expend- iture from the fund has no significant effect on the financial operations of the United States Government; (2) a working capital fund or a revolving fund established for intragovernmental oper- ations; (3) receipts from industrial and power oper- ations available under law; and (4) appropriations made specifically for— (A) interest on, or retirement of, the pub- lic debt; (B) payment of claims, judgments, refunds, and drawbacks; (C) items the President decides are of a confidential nature; (D) payment under a law requiring pay- ment of the total amount of the appropria- tion to a designated payee; and (E) grants to the States under the Social Security Act (42 U.S.C. 301 et seq.). (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 931.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1516 ......... 31:665(f)(1). R.S. § 3679(f)(1); 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. In the section, before clause (1), the word ‘‘apportion- ments’’ is substituted for ‘‘apportionments and re- apportionments’’ because of section 1512(a)(last sen- tence) of the revised title. In subclause (D), the word ‘‘law’’ is substituted for ‘‘private relief acts or other laws’’ to eliminate unnecessary words. Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in par. (4)(E), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. § 1517. Prohibited obligations and expenditures (a) An officer or employee of the United States Government or of the District of Columbia gov- ernment may not make or authorize an expendi- ture or obligation exceeding— (1) an apportionment; or (2) the amount permitted by regulations pre- scribed under section 1514(a) of this title. (b) If an officer or employee of an executive agency or of the District of Columbia govern- ment violates subsection (a) of this section, the head of the executive agency or the Mayor of the District of Columbia, as the case may be, shall report immediately to the President and Congress all relevant facts and a statement of actions taken. A copy of each report shall also be transmitted to the Comptroller General on the same date the report is transmitted to the President and Congress.