Sec. 423.

1,057 words·~5 min read·/bill/116/hr/3055/eh/section-423

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For the purposes of this section: Reprogramming includes: The reallocation of funds from one program, project, or activity, to another within any appropriation funded in this Act. For construction, land acquisition, and forest legacy accounts, the reallocation of funds, including unobligated balances, from one construction, land acquisition, or forest legacy project to another such project. An operating plan or any later modification thereof submitted under subsection

(i)of this section. Proposed reorganizations even without a change in funding, including any change to the organization table presented in the budget justification. Program , project , and activity constitute the delineation below the appropriation account level of any agency funded by this Act, as shown in any table of the report accompanying this Act. Funds includes funds provided in this Act or previous appropriations Acts that are available for obligation in the current fiscal year and any amounts available for obligation in the current fiscal year derived from collections, fees or charges. Assessment is any overhead charge, deduction, reserve or holdback, including working capital fund and cost pool charges, from any program, project, and activity to support government-wide, departmental, agency, or bureau administrative functions or headquarters, regional, or central operations or to provide for contingencies. A reprogramming should be made only when an unforeseen situation arises, and then only if postponement of the project or the activity until the next appropriation year would result in actual loss or damage. Any project or activity, which may be deferred through reprogramming, shall not later be accomplished by means of further reprogramming, but instead, funds should again be sought for the deferred project or activity through the regular appropriations process. Except under the most urgent situations, reprogramming should not be employed to initiate new programs or increase allocations specifically denied or limited by the Congress, or to decrease allocations specifically increased by the Congress. New programs requested in the budget should not be initiated before enactment of the bill without notification to, and the approval of, the Committees on Appropriations of the House of Representatives and the Senate (hereinafter the Committees ). This restriction applies to all such actions regardless of whether a formal reprogramming of funds is required to begin the program. A reprogramming shall be submitted to the Committees in writing 30 days prior to implementation if— it exceeds $1,000,000 individually or cumulatively or results in a cumulative increase or decrease of more than 10 percent of funds annually in any affected program, project, or activity; it is a reorganization; or it is an operating plan or any later modification thereof as submitted under subsection

(i)of this section: , That such plan or modification thereof also meets any of the other criteria under subsection (c)(1) of this section. Provided No funds shall be available for obligation or expenditure through a reprogramming until 30 days after the receipt by the Committees of a notice of proposed reprogramming. A reprogramming shall be considered approved 30 days after receipt if the Committees have posed no objection. However, agencies shall not implement the reprogramming and shall extend the notification period if specifically requested by either Committee. With regard to the tribal priority allocations of the Bureau of Indian Affairs, there is no restriction on reprogrammings among these programs. However, the Bureau shall report on all reprogrammings made during a given fiscal year no later than 60 days after the end of the fiscal year. With regard to the Environmental Protection Agency, State and Tribal Assistance Grants account, the Committees do not require reprogramming requests associated with States and Tribal Partnership Grants. With regard to funding for Park Management subactivities within the National Park Service Operations of the National Park System account, reprogramming guidelines apply at the activity level, not the more detailed level as shown in the Committee report. The National Park Service shall report on actual spending at the more detailed level no later than 60 days after the end of the fiscal year and show its impact on the succeeding year budget at the more detailed level in the budget justification submitted to the Congress in the subsequent fiscal year for the purpose of updating the Committee support table. No assessment shall be levied or collected unless such assessment and the basis therefor are presented to the Committees in the budget justifications and are subsequently approved by the Committees. The explanation for any assessment in the budget justification shall show the amount of the assessment, the activities assessed, and the purpose of the funds. Proposed changes to estimated assessments, as such estimates were presented in annual budget justifications, shall be submitted through the reprogramming process set out in this section and shall be subject to the same dollar and reporting criteria as any other reprogramming. Each department, agency or bureau that utilizes assessments shall submit an annual report to the Committees which provides details on the use of all funds assessed from any other program, project, or activity. In no case shall contingency funds or assessments be used to finance agency actions disapproved or limited by the Congress. Lands shall not be acquired for more than the approved appraised value (as addressed in section 301(3) of Public Law 91–646 ), unless such acquisitions are submitted to the Committees for approval in compliance with these procedures. Land exchanges, wherein the estimated value of the Federal lands to be exchanged is greater than $1,000,000, shall not be consummated until the Committees have had a 30-day period in which to examine the proposed exchange. In addition, the Committees shall be provided advance notification of exchanges valued between $500,000 and $1,000,000. The program, project, and activity structure for any agency appropriation account shall not be altered without advance approval of the Committees. Not later than 60 days after the date of enactment of this Act, each department or agency funded by this Act shall submit an operating plan to the Committees to establish the baseline for application of reprogramming for the current fiscal year. The operating plan shall include— a table for each appropriation with a separate column to display the President’s budget request, adjustments made by the Congress, enacted rescissions, if appropriate, and the fiscal year enacted level; a delineation in the table for each appropriation by program, project, and activity for the respective appropriation; and an identification of items of special congressional interest.

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Pub. L. 91-646

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Sec. 423

Pub. L.Pub. L. 91-646

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