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  • Question

    Is there guidance that indicates Working Capital Funding cannot provide "SMAG" Cash to the Appropriate side to help fund the storm damage?


    Answer

    Since funds in a revolving fund are appropriated funds, they are fully subject to 31 U.S.C. § 1301(a) which restricts the use of appropriated funds to their intended purpose(s). 63 Comp. Gen. 110, 112 (1983); 37 Comp. Gen. 564 (1958); B-203087, July 7, 1981. The purpose requirement applies to revolving funds in exactly the same manner that it applies to direct appropriations. You look first and foremost to the statute creating the fund, that is, the appropriation, to identify the fund’s authorized purposes. Since revolving funds are by definition creatures of statute, this step is of paramount importance. The governing legislation may be somewhat general, or it may be painstakingly specific. Either way, the rule is the same: the terms of the statute, in conjunction with other applicable statutory provisions, define the fund’s availability.  Determining whether or not the WCF can be transferred to O&M to cover disasters within your AOR is beyond the scope of AAP.  Highly recommend that you discuss this with your local Comptroller and Attorney to insure compliance with statute governing your funding.

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