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    What happened to the reference to without prejudice in 65-601 V1 from over a year ago. Assuming there is no footnote referenced above in my scenario background (from the Apr 2012 question in the Ask a Professor website), if my PE receives a congressional mark, can a BTR at Air Force level be accomplished or does it require Congressional approval, or is it not allowed at all regardless if the footnote is not present?


    Answer

    The DD 1414, Base for Reprogramming Actions Form establishes the base for reprogramming actions. The document is footnoted to identify those items known to be of special interest to one or more of the congressional committees and
    those items specifically denied by the Congress. The items should include, as a minimum, those items that are identified in the congressional committee or conference reports using the phrases "only for" or "only to" or are
    specifically identified as congressional special interest items in the conference report tables. Each item will be carried on the DD Form 1414 in the amount agreed to by the committees. Amounts on the DD 1414 represent the starting point (or the base) for all reprogramming actions including BTRs.
     
    Congressional Special Interest Items and limitations on reprogramming actions are footnoted on the DD 1414 and reported on the DD 1416, Report of Programs which reflects the congressionally approved programs as enacted, reprogramming actions which have been approved, congressionally directed undistributed amounts and transfers, and reprogramming of funds that have been implemented by a DoD Component using below-threshold reprogramming flexibility. This report is prepared quarterly and submitted 30 days after the end of each quarter.
     
    Thus, your question: if my PE receives a congressional mark, can a BTR at Air Force level be accomplished or does it require Congressional approval, or is it not allowed at all regardless if the footnote is not present, is answered by saying that after enactment, the DD 1414, Base for Reprogramming Actions Form, is prepared and submitted to the congressional committees.  It establishes the base for reprogramming actions and includes footnotes that limit BTRs.
     
    Always check with your local comptroller since Services and Defense Agencies have the flexibility to further control BTRs, even when these items are not footnoted on the DD 1414.

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