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FINANCIAL MANAGEMENT POLICY MANUAL

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6. LIMITATIONS<br />

a. Statutory.<br />

Statutory limitations are those fiscal constraints on the obligation and<br />

expenditure of appropriated funds imposed by restrictions stated in<br />

law. The major statutory limitations is that contained in 31 U.S. Code<br />

1517, which prohibits any act which will cause an obligation or<br />

expenditure in excess of the apportionment or reapportionment made<br />

for an appropriation or any administrative subdivision thereof,<br />

including allotments. Title X of the Congressional Budget and<br />

Impoundment Control Act of 1974, P.L. 94-344, impacts on the<br />

ability of the Executive Branch to impound (rescind or defer) funds.<br />

Detailed interpretive and procedural guidance on these impoundments<br />

is contained in the current issuance of NAVCOMPTINST 7300.104<br />

and DON Budget Guidance Manual. Another significant statutory<br />

limitation is contained in 31 U.S. Code 1301. This provision of law<br />

pertaining to the application of monies appropriated requires that<br />

appropriated funds be used only for the programs and purposes for<br />

which the appropriation is made. In addition, certain other provisions<br />

of law that must be administered as limitations establish the maximum<br />

or minimum amount that may be used under an appropriation or<br />

appropriations for a specified purpose. These limitations include such<br />

items as the amount available in the Operation and Maintenance,<br />

Navy, appropriation for emergency and extraordinary expenses, also<br />

called Contingencies of the Navy and available for purposes certified<br />

by the Secretary of the Navy, or the floor established in the operation<br />

and maintenance appropriations for maintenance of real property<br />

facilities (i.e., a specified amount available only for that purpose).<br />

These limitations, whether they establish maximum or minimum<br />

amounts, require special systems for administration, accounting, and<br />

reporting to insure compliance. There are other legal limitations<br />

unrelated to specific amounts. For example, there is a basic<br />

prohibition against the expenditure of Federal funds for purposes not<br />

authorized by law. In the Department of the Navy an example of such<br />

expenditure is that incurred for entertainment. If such costs are not<br />

within the authorization granted under Contingencies of the Navy, they<br />

may not be funded by appropriations.<br />

b. Limitations Imposed by Grantors.<br />

Other limitations or constraints on financial authority (operating<br />

budget authority or obligational authority) may be imposed by the<br />

grantor at any level as further subdivisions of funds are made to the<br />

next subordinate level. These constraints may be separated into two<br />

major divisions: those which carry the applicability of statutory<br />

constraints, under 31 U.S. Code 1512, as specific and absolute<br />

limitations; and those which are subject to flexibility without the<br />

Financial Management Policy<br />

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