Do I need to contact Congress for Notification or Prior Approval or can we reprogram internally?
In short, which type of reprogramming is required?
The question revolves around the type of Reprogramming action when transferring funds between the Overseas Contingency (OCO) Transfer account to Military Personnel (MILPERS). The answer really depends on the amount of funding that is required to be moved. There are certain thresholds set that will direct you to the correct Reprogramming action. The Financial Management Regulation (FMR) 7000.14-R Chapter 6 Section 0604. Internal Reprogramming is addressed in the FMR 7000.14-R Chapter 6 Section 060402 which states:
Open full Question Details
060402. Internal Reprogramming Actions. Reprogramming actions internal to the Department are audit-trail type actions (DD 1415-3) processed within the Department and serve various needs. One type is a reclassification of funds, not otherwise constrained by law or other provisions, and the action does not involve any change from the purpose justified in budget presentations to the Congress and appropriated by the Congress. This reclassification may involve the realignment between different DoD appropriations and require the use of general transfer authority. Other internal actions include those involving reprogramming to or from transfer accounts, such as Foreign Currency Fluctuations, Environmental Restoration, and Drug Interdiction. A third type of reclassification reflects approval to increase quantities, when not otherwise requiring prior approval of the congressional committees.
A. Reclassification Actions. In certain instances, it is necessary to reclassify the application of funds, different from that shown in the budget justification material presented to the Congress and subsequently appropriated by the Congress. Such reclassifications do not involve any change in the substance of the program or amounts from the purposes originally contemplated and budgeted for, testified to, and described in the justifications submitted to the congressional committees, and subsequently appropriated by the Congress. These actions may also involve realignment of congressionally added programs that are more appropriately executed in a different program line or in a different account from which the funds were appropriated. In cases where the realignment is between DoD appropriations, then the use of general transfer authority would be involved, along with the legal requirements thereof.
I strong recommend you contact the Comptroller for guidance on either Congressional Prior Approval or Internal Reprogramming since the reason for the action will be key in determining the correct Reprogramming action.