31-U.S.C.-1512

§1512 – Apportionment and Reserves

Pathway

Title 31 > Subtitle II > Chapter 15 > Subchapter II > Section 1512

Details

• Reference: Section 1512
• Legend: §1512 – Apportionment and Reserves
• USCode Year: 2013

Provision Content

(a) Except as provided in this subchapter, an appropriation available for obligation for a definite period shall be apportioned to prevent obligation or expenditure at a rate that would indicate 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 effective and economical use. An apportionment may be reapportioned under this section.

(b)(1) An appropriation subject to apportionment 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 apportion 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 appropriation, 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 efficiency 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 concerned. When an official designated in section 1513 of this title to make apportionments decides that an amount reserved will not be required 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 appropriation requests. Reserves established under this section shall be reported to Congress as provided 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.)

In subsection (a), the word appropriation is substituted for appropriations or funds because of the definition of appropriation in section 1511 of the revised title. The words at a rate are substituted for in a manner for clarity. The words indefinite period are substituted for not limited to a definite period 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 apportioned is substituted for distributed for consistency 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 substituted for by particular appropriation Acts or other laws to eliminate unnecessary words.

In subsection (c)(2), the words appropriation requests are substituted for estimates of appropriations for consistency with chapter 11 of the revised title.

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, as amended, 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.

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 government shall not be subject to apportionment except to the extent specifically provided by statute.

U.S. Encyclopedia of Law Coverage

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