31 U.S.C. § 1517 — Prohibited obligations and expenditures

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. Page 195 TITLE 31—MONEY AND FINANCE § 1531 (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 932; Pub. L. 108–447, div. G, title I, § 1401(b), Dec. 8, 2004, 118 Stat. 3192.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1517(a) ..... 31:665(h). R.S. § 3679(h), (i)(2)(related to (h)); 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. 768. 1517(b) ..... 31:665(i)(2)(related to (h)). In subsection (a), before clause (1), the words ‘‘Dis- trict of Columbia government’’ are added because of section 9 of the Act of June 26, 1912 (ch. 182, 37 Stat. 184). In clause (1), 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), the word ‘‘Mayor’’ is used because of Reorganization Plan No. 3 of 1967 (eff. Aug. 11, 1967, 81 Stat. 948) and sections 421, 422, and 771 of the District of Columbia Self-Government and Governmental Reor- ganization Act (Pub. L. 93–198, 87 Stat. 789, 818). The word ‘‘President’’ is substituted for ‘‘President, through the Director of the Office of Management and Budget’’ because sections 101 and 102(a) of Reorganiza- tion 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. Editorial Notes AMENDMENTS 2004—Subsec. (b). Pub. L. 108–447 inserted at end ‘‘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.’’ § 1518. Adverse personnel actions An officer or employee of the United States Government or of the District of Columbia gov- ernment violating section 1517(a) of this title shall be subject to appropriate administrative discipline including, when circumstances war- rant, suspension from duty without pay or re- moval from office. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 932.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1518 ......... 31:665(i)(1)(words be- fore semicolon re- lated to (h)). R.S. § 3679(i)(1)(words before semicolon related to (h)); 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. 768. The words ‘‘In addition to any penalty or liability under other law’’ are omitted as surplus. The words ‘‘District of Columbia government’’ are added because of section 9 of the Act of June 26, 1912 (ch. 182, 37 Stat. 184). § 1519. Criminal penalty An officer or employee of the United States Government or of the District of Columbia gov- ernment knowingly and willfully violating sec- tion 1517(a) of this title shall be fined not more than $5,000, imprisoned for not more than 2 years, or both. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 932.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1519 ......... 31:665(i)(1)(words after semicolon related to (h)). R.S. § 3679(i)(1)(words after semicolon related to (h)); 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. 768. The words ‘‘District of Columbia government’’ are added because of section 9 of the Act of June 26, 1912 (ch. 182, 37 Stat. 184). SUBCHAPTER III—TRANSFERS AND REIMBURSEMENTS § 1531. Transfers of functions and activities (a) The balance of an appropriation available and necessary to finance or discharge a function or activity transferred or assigned under law within an executive agency or from one execu- tive agency to another may be transferred to and used— (1) by the organizational unit or agency to which the function or activity was transferred or assigned; and (2) for a purpose for which the appropriation was originally available. (b) The head of the executive agency deter- mines the amount that, with the approval of the President, is necessary to be transferred when the transfer or assignment of the function or ac- tivity is within the agency. The President deter- mines the amount necessary to be transferred when the transfer or assignment of the function or activity is from one executive agency to an- other. (c) A balance transferred under this section is— (1) credited to an applicable existing or new appropriation account; (2) merged with the amount in an account to which the balance is credited; and (3) with the amount with which the balance is merged, accounted for as one amount. (d) New appropriation accounts may be estab- lished to carry out subsection (c)(1) of this sec- tion. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 932.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1531(a), (b). 31:581c(a)(1st sen- tence), (b)(1st sen- tence). Sept. 12, 1950, ch. 946, § 202, 64 Stat. 838. 1531(c), (d). 31:581c(a)(last sen- tence), (b)(last sentence). In subsections (a) and (b), the defined term ‘‘execu- tive agency’’ in section 102 of the revised title is sub- stituted for ‘‘department or establishment’’ for consist- ency and clarity. In subsection (a), the words ‘‘organizational unit or agency’’ are substituted for ‘‘agency’’, and the word ‘‘appropriation’’ is substituted for ‘‘said funds’’, for consistency and clarity. Subsection (d) is substituted for ‘‘which are hereby authorized to be established’’ because of the restate- ment.