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 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 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.