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)(2); Mar. 3, 1905, ch. 1484, § 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, § 3, 34 Stat. 48; re- stated Sept. 6, 1950, ch. 896, § 1211, 64 Stat. 765, 766, 767. 1511(b)(1) 31:665(d)(2)(6th sen- tence less 1st–22d words). 1511(b)(2) 31:665(d)(2)(last sen- tence related to price supports). 1511(b)(3) 31:665(f)(2). In subsection (a)(1), the words ‘‘appropriated amounts’’ are substituted for ‘‘appropriations’’ for clar- ity. In clause (3), the word ‘‘make’’ is substituted for ‘‘create’’ as being more precise. The text of 31:665(d)(2)(5th sentence) is omitted as unnecessary be- cause of section 102 of the revised title. In subsection (b), the word ‘‘amounts’’ is substituted for ‘‘funds’’ for consistency in the revised title. In clause (1)(B), the words ‘‘(7 U.S.C. 612c)’’ are sub- stituted for ‘‘section 612(c) of title 7’’ to correct an error in section 3679(d)(2)(6th sentence) of the Revised Statutes. Clause (2) is substituted for the source provi- sions for consistency in the revised title. § 1512. Apportionment and reserves (a) Except as provided in this subchapter, an appropriation available for obligation for a defi- nite period shall be apportioned to prevent obli- gation or expenditure at a rate that would indi- cate 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 effec- tive and economical use. An apportionment may be reapportioned under this section. (b)(1) An appropriation subject to apportion- ment 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 to make apportionments shall appor- tion 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 ap- propriation, 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 ef- ficiency 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 con- cerned. When an official designated in section 1513 of this title to make apportionments de- cides that an amount reserved will not be re- quired 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 ap- propriation requests. Reserves established under this section shall be reported to Congress as pro- vided in the Impoundment Control Act of 1974 (2 U.S.C. 681 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 to make apportionments. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 929.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1512(a) ..... 31:665(c)(1)(1st sen- tence), (4)(words after 1st comma). R.S. § 3679(c)(1)(1st sentence), (3), (4); 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. 765, 766. 1512(b) ..... 31:665(c)(3). 1512(c) ..... 31:665(c)(2). R.S. § 3679(c)(2); 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. 765; restated July 12, 1974, Pub. L. 93–344, § 1002, 88 Stat. 332. 1512(d) ..... 31:665(c)(4)(words before 1st comma). In subsection (a), the word ‘‘appropriation’’ is sub- stituted for ‘‘appropriations or funds’’ because of the 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).