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38 C.F.R. §§ 1.670–1.673

4 sections in range

§1.670. Purpose.

38 C.F.R. § 1.670

The following regulations establish a system of administrative controls for all appropriations and funds available to the Department of Veterans Affairs to accomplish the following purposes:
(a)
Establish an administrative subdivision of controls to restrict obligations and expenditures against each appropriation or fund to the amount of the apportionment or the reapportionment; and
(b)
Fix responsibility for the control of appropriations or funds to high level officials who bear the responsibility for apportionment or reapportionment control.
Notes, amendments, and revision history

Source

Source: 48 FR 30622, July 5, 1983, unless otherwise noted.

Authority

Authority: 38 U.S.C. 501, and as noted in specific sections.

Source

Source: 40 FR 33944, Aug. 12, 1975, unless otherwise noted.

§1.671. Definitions.

38 C.F.R. § 1.671

For the purpose of §§ 1.670 through 1.673, the following definitions apply:
(a)
Administrative subdivision of funds. An administrative subdivision of funds is any administrative subdivision of an appropriation or fund which makes funds available in a specified amount for the purpose of controlling apportionments or reapportionments.
(b)
Allotment. An allotment is an authorization by the Director, Office of Budget and Finance, to department and staff office heads (allottees) to incur obligations within specified amounts, during a specified period, pursuant to an Office of Management and Budget apportionment or reapportionment action. The creation of an obligation in excess of an allotment is a violation of the administrative subdivision of funds.
(c)
Allowance. An allowance is a subdivision below the allotment level, and is a guideline which may be issued by department or staff office heads (allottees) to facility directors and other officials, showing the expenditure pattern or operating budget they will be expected to follow in light of the program activities contemplated by the overall VA budget or plan of expenditure. The creation of an obligation in excess of an allowance is not a violation of the administrative subdivision of funds.
Notes, amendments, and revision history

Source

Source: 48 FR 30622, July 5, 1983, unless otherwise noted.

Authority

Authority: 38 U.S.C. 501, and as noted in specific sections.

Source

Source: 40 FR 33944, Aug. 12, 1975, unless otherwise noted.

§1.672. Responsibilities.

38 C.F.R. § 1.672

(a)
The issuance of an allotment to the administration and staff office heads (allottees) is required and is the responsibility of the Director, Office of Budget and Finance. The sum of such allotments shall not be in excess of the amount indicated in the apportionment or reapportionment document.
(b)
The issuance of an allowance is discretionary with department or staff office heads (allottees), as an allowance is merely a management device which allottees may utilize in carrying out their responsibilities. Allottees are responsible for keeping obligations within the amounts of their allotments, whether allowances are issued or not.
(c)
The Director, Office of Budget and Finance, is responsible for requesting apportionments and reapportionments from the Office of Management and Budget. Administration and staff heads shall promptly request that an appropriation or fund be reapportioned if feasible whenever it appears that obligations may exceed the level of the apportionment.
Notes, amendments, and revision history

Source

Source: 48 FR 30622, July 5, 1983, unless otherwise noted.

Authority

Authority: 38 U.S.C. 501, and as noted in specific sections.

Source

Source: 40 FR 33944, Aug. 12, 1975, unless otherwise noted.

§1.673. Responsibility for violations of the administrative subdivision of funds.

38 C.F.R. § 1.673

(a)
In the event an allotment or an apportionment is exceeded except in the circumstances described in paragraph (b) of this section, the following factors will be considered in determining which official, or officials, are responsible for the violation.
(1)
Knowledge of circumstances which could lead to an allotment or apportionment being exceeded;
(2)
Whether the official had received explicit instructions to continue or cease incurring obligations;
(3)
Whether any action was taken in contravention of or with disregard for, instructions to monitor obligations incurred;
(4)
Whether the official had the authority to curtail obligations by directing a change in the manner of operations of the department or staff office; or
(5)
Any other facts which tend to fix the responsibility for the obligations which resulted in the allotment or apportionment being exceeded.
(b)
In the event that the sum of the allotments made in a particular fiscal year exceeds the amount apportioned by the Office of Management and Budget, and the apportionment is subsequently exceeded because of this action, the official who made the excess allotments will be the official responsible for the violation.
Notes, amendments, and revision history

Source

Source: 48 FR 30622, July 5, 1983, unless otherwise noted.

Authority

Authority: 38 U.S.C. 501, and as noted in specific sections.

Source

Source: 40 FR 33944, Aug. 12, 1975, unless otherwise noted.