EP 1165-2-1
30 Jul 99
(1) The capability for any specific project or study is the
maximum amount of funding that could be used efficiently in the fiscal
year if that project or study were the first added increment over the
recommended program for a given district. The capability amount does
not reflect budgeting or fiscal constraints, but does reflect manpower
constraints, sound engineering practice and the timing of funds
availability. If a district has the capability to initiate or
increase funding for any study or project in addition to the basic
program, it normally would have a capability to initiate or increase
any other study or project, unless there are specific factors
justifying a zero capability or lack of increase.
(2) Capability amounts may be released to anyone but only in
response to a specific request. Capability amounts are not
volunteered. They are expressed in accordance with formally specified
language. Part of that language notes that while the Corps can use
additional funds on individual projects and studies, offsetting
reductions would be required to maintain overall budgeting objectives.
(ER 11-2-240, ER 11-2-220)
f. Disclosure of Budgetary Information. All budgetary data,
such as the budget recommendations of the district commanders, the
division commanders, the Chief of Engineers, and the Secretary of the
Army are of a confidential nature. These data are not to be released
outside of the Department of the Army, except in response to specific
questions from Congressional Committee members and staff during
official testimony on the President's Budget requests. When all
hearings on the President's Program and Budget have been completed by
the Appropriations Committees of Congress, disclosure is then only in
response to a written request from a Member of Congress to the
Director of Civil Works. The President's Budget amounts are not
disclosed until after the budget message is presented to the Congress.
In those cases where OMB releases budget amounts to congressional
committees prior to presentation of the budget message, those amounts
may be discussed with members and staff of those committees only.
Budgetary records may be disclosed to the public, if otherwise
appropriate, upon request pursuant to the Freedom of Information Act
following the end of the fiscal year to which such information
pertains. (ER 11-2-240, ER 11-2-220, ER 360-1-1)
8-2.
Appropriations.
a. General. The Corps policy is to allocate and use
appropriated funds as closely as practicable in accordance with the
program presented to the Congress, including any modifications by the
Congress in its action on the Appropriations bill.
Allowances for
surveys and projects agreed to by the conferees at the time of
passage of the annual Energy and Water Development Appropriations
Bills are referred to as appropriations, even though these amounts are
subject to reductions when making final allocations to district
commanders. The reduction is necessary to distribute an overall
Appropriation Title reduction for "savings and slippage" and other
undistributed reductions applied by Congress to the total of the
individual allowances.
b.
Deferral and Rescission Actions Under Public Law 93-344.
(1) Deferrals. Deferrals are the withholding or delaying of
obligation or expenditure of budget authority provided for projects or
activities. Deferrals also include any other type of Executive action
or inaction which effectively precludes the obligation or expenditure
8-2
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