About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 [1] (December 6, 2024)

handle is hein.crs/goverok0001 and id is 1 raw text is: Congressional Research Service nfo rming th eg slatve debate~ s ne 1914 Defense Primer: DOD Transfer and Reprogramming Authorities In provisions of the United States Code (U.S.C.) and annual authorization and appropriations acts, Congress provides the U.S. Department of Defense (DOD) limited authorities to obligate funds for purposes other than originally approved, or in a manner that otherwise diverges from congressional expectations. These authorities allow the department to transfer or reprogram funds. A transfer involves shifting funds from one appropriations account to another, while a reprogramming involves shifting funds within the same account. DOD uses the term reprogramming action to describe both types of transactions. Background At times, DOD faces unanticipated circumstances with budgetary implications. For example, responding to a geopolitical event or covering an inflationary price increase for a weapon system may create unforeseen costs for the department. Similarly, military recruitment shortfalls or favorable fluctuations in foreign exchange rates may lead to unexpected savings. To allow the department to respond to such situations, Congress routinely authorizes DOD to transfer or reprogram a limited amount of funds. (Congress may also respond to emergent developments by enacting supplemental appropriations or rescissions.) 10 U.S.C. §2214 generally covers transfers within DOD whenever authority is provided in an appropriation Act to transfer amounts in working capital funds or to transfer amounts provided in appropriation Acts for military functions of the Department of Defense (other than military construction). The statute limits the use of transfers to a higher priority item, based on unforeseen military requirements, and prohibits transfers for an item for which Congress has denied funds. The statute also requires the Secretary of Defense (SECDEF) to promptly notify Congress of each transfer made under such authority. Other notification requirements reside in specific appropriations provisions. In addition, through procedures developed by the congressional defense committees and DOD, the department's Financial Management Regulation requires prior congressional approval of certain reprogramming actions, such as those in excess of dollar amount or percentage thresholds. Authorities and processes for military construction and intelligence-related funding reallocations are beyond the scope of this product. Types of Transfer Authorite5 General Transfer Authority. The annual National Defense Authorization Act (NDAA) and Department of Defense Appropriations Act typically include recurring General Transfer Authority (GTA) provisions that permit DOD to transfer a limited amount of funds. For example, Section 8005 of the Department of Defense Appropriations Updated December 6, 2024 Act, 2024 (Division A of P.L. 118-47) allows the SECDEF, with the approval of the Office of Management and Budget, to transfer up to $6 billion of funds made available in this Act ... for military functions (except military construction) between such appropriations or funds or any subdivision. Section 1001, General Transfer Authority, of the FY2024 NDAA (P.L. 118-31) is the related authorizing language. See Figure 1. Figure I. DOD General Transfer Authority (GTA) Limits, FY2022-FY2024 (in billions of dollars of budget authority) $4 $2 $1 2022 2023 2024 Requested Authorized M Appropriated Source: CRS analysis of provisions in annual President's budget requests, National Defense Authorization Acts (NDAAs), and Department of Defense Appropriations Acts for selected fiscal years. Specific Transfer Authority. Congress typically provides additional transfer authorities to DOD in other provisions of defense authorization and appropriations acts for specific purposes. For example, Congress provides authority for transfer accounts intended to receive and disburse allocations, such as the DOD's Drug Interdiction and Counter-Drug Activities account. If Congress provides transfer authorities for specific purposes in addition to any other transfer authority provided by law, their use does not count toward GTA limits. Types of Reprograrming Actions The FMR defines reprogramming in part as a realignment of budget authority from the purpose for which appropriated to finance another (usually emergent, unfunded) requirement. DOD transfers and reprograms funds throughout the fiscal year. As part of the congressional notification and prior approval processes, the DOD Comptroller publishes implemented reprogramming actions on the budget execution portion of its website. Some reprogramming actions are known as prior-approval (PA) reprogramming because they require prior congressional approval. If a reprogramming action meets

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most