Gen 422 may not use army om funds to finance

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Gen. 422, 443-47 (1984) (may not use Army O&M funds to finance civic/humanitarian activities during training exercise when Congress has appropriated foreign assistance funds specifically for that purpose). a. That a specific appropriation is exhausted is immaterial. Secretary of Commerce, 36 Comp. Gen. 386 (1956).
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Fiscal Law Overview Ethics Counselor's Deskbook November 2013 35 b. General appropriations may not be used as a back-up for a more specific appropriation. General Services Administration, 38 Comp. Gen. 758 (1959) (agency operating appropriations generally not available to reimburse GSA to fund tenant agency’s changes, alterations, and improvements to office space); Secretary of the Navy, 20 Comp. Gen. 272 (1940) (regular Navy appropriation not available to supplement specific construction appropriation to build more expensive structure). c. Limitation applies even if specific appropriation is included in the more general appropriation. Library of Congress, 1997 WL 692913, Comp. Gen. No. B-278121 (Nov. 7, 1997) (prohibiting use of portion of Library of Congress operating fund earmarked for purchase of materials for any other operating expense); Secretary of the Interior, 20 Comp. Gen. 739 (1941) (cost of transporting motor vehicle to be charged against amounts specifically appropriated for the purchase automobiles and not against agency’s general operating appropriation).
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Fiscal Law Overview Ethics Counselor's Deskbook November 2013 36 2. If there are two appropriations equally available: a. The agency may choose either appropriation. Department of Homeland Security-Use of Mgmt. Directorate Appropriations to Pay Costs of Component Agencies, 2006 WL 2567514, Comp. Gen. No. 307382 (Sep. 5, 2006) (costs chargeable to both Management Directorate appropriations or component agencies’ management and administration appropriations) ; Payment of SES Performance Awds. of the Railroad Retirement Board’s Office of Inspector General, 68 Comp. Gen. 337 (1989) (performance awards payable from either Board’s general appropriation or appropriations of its Office of Inspector General). GAO generally affords agencies broad discretion in determining whether a specific expenditure is reasonably related to the accomplishment of an authorized purpose. Hon. Howard M. Metzenbaum, 63 Comp. Gen. 145, 150 (1984) (“Although GAO generally affords agencies broad discretion in determining whether a specific expenditure is reasonably related to the accomplishment of an authorized purpose, an agency’s discretion in such matters is not unlimited”); Secretary of Agriculture, 18 Comp. Gen. 285, 292 (1938) (while Congress leaves largely to administrative discretion the choice of ways and means to accomplish the objects of an appropriation, administrative discretion may not transcend the statutes, nor be exercised in conflict with law, nor for the accomplishment of purposes unauthorized by the appropriation).
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  • Spring '14
  • JuandaL.Daniel
  • United States Code, Gen. No, Fiscal Law Overview

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