
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 31USC1512]

 
                       TITLE 31--MONEY AND FINANCE
 
                     SUBTITLE II--THE BUDGET PROCESS
 
                  CHAPTER 15--APPROPRIATION ACCOUNTING
 
                      SUBCHAPTER II--APPORTIONMENT
 
Sec. 1512. Apportionment and reserves

    (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.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised Section                   Source (U.S. Code)                
Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1512(a)..............................  31:665(c)(1)(1st sentence),     R.S. Sec
.  3679(c)(1)(1st sentence), (3),
                                        (4)(words after 1st comma).     (4); Ma
r. 3, 1905, ch. 1484, Sec.  4(1st
                                                                        par.), 
33 Stat. 1257; Feb. 27, 1906, ch.
                                                                        510, Se
c.  3, 34 Stat. 48; restated
                                                                        Sept. 6
, 1950, ch. 896, Sec.  1211, 64
                                                                        Stat. 7
65, 766.
1512(b)..............................  31:665(c)(3).
1512(c)..............................  31:665(c)(2).                   R.S. Sec
.  3679(c)(2); Mar. 3, 1905, ch.
                                                                        1484, S
ec.  4(1st par.), 33 Stat. 1257;
                                                                        Feb. 27
, 1906, ch. 510, Sec.  3, 34
                                                                        Stat. 4
8; Sept. 6, 1950, ch. 896, Sec.
                                                                        1211, 6
4 Stat. 765; restated July 12,
                                                                        1974, P
ub. L. 93-344, Sec.  1002, 88
                                                                        Stat. 3
32.
1512(d)..............................  31:665(c)(4)(words before 1st
                                        comma).
-------------------------------------------------------------------------------
---------------------------------

    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 
(Sec. 681) and II (Sec. 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, Sec. 101(c) [title I, Sec. 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.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1513, 1515 of this title; 
title 10 section 2201; title 40 section 757.
