(a) Grantees shall be subject to the following reprogramming procedures as set forth by the House and Senate Committees on Appropriations on 1 Aug 77:

(1) Definition. “Reprogramming”, as defined in these procedures, includes the reallocation of funds from one budget activity to another . In cases where either committee report displays an allocation of an appropriation below the activity level, that finer level of detail shall be the basis for reprogramming. For construction accounts, a reprogramming constitutes the reallocation of funds from one construction project identified in the justifications to another. A reprogramming shall also consist of any other significant departure from the program described in the agency’s budget justifications.

(2) Criteria for Reprogramming.

(A) 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 regular appropriation processes.

(B) 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. Mere convenience or desire should not be factors for consideration.

(C) Reprogramming should not be employed to initiate new programs or to change allocations specifically denied, limited or increased by the Congress in the Act or the report. In cases where unforeseen events or conditions are deemed to require such changes, proposals shall be submitted in advance to the Committee, regardless of amounts involved, and be fully explained and justified.

(3) Reporting and Approval Procedures.

(A) Any proposed reprogramming must be submitted to the committee in writing prior to implementation if it exceeds $250,000 annually or results in an increase or decrease of more than 10% annually in affected programs.

(B) All reprogrammings shall be reported to the committee quarterly and shall include cumulative totals.

(C) Any significant shifts or funding among object classifications should also be reported to the committees in a timely manner.

(D) Reprogramming proposals submitted to the committee for prior approval shall be considered approved after 30 calendar days if the committee has posed no objection. However , agencies will be expected to extend the approval deadline if specifically requested by either Committee.

(4) Administrative Overhead Accounts. For all appropriations where costs of overhead administrative expenses are funded in part from “assessments” of various budget activities within an appropriation, the assessment shall be shown in justifications under the discussion of administrative expenses.

(5) Contingency Accounts. For all appropriations where assessments are made against various budget activities or allocations for contingencies, the Committee expects a full explanation, separate from the justifications. The explanation shall show the amount of the assessment, the activities assessed, and the purpose of the fund. The committee expects annual reports each year detailing the use of these funds. In no cases shall such a fund be used to finance projects and activities disapproved or limited by Congress or to finance new permanent positions or to finance programs or activities that could be foreseen and included in the normal budget review process. Contingency funds shall not be used to initiate new programs.

(b) It is understood that, where appropriate, federal grant moneys and local revenues shall be spent at the same ratio by which they were appropriated.

(c) It is understood that the grant(s) here offered represent(s) the total amount of funds available for the fiscal year for which moneys are appropriated. It is further understood that these funds are not to be used for any purpose other than that for which they are offered, except as in accordance with the guidelines for reprogramming of funds enclosed herein.

(d) Reporting requirements will be in accordance with the office of management and budget circular A-102. In this regard, please complete and provide us with the following reports as required.

(1) Financial Status Report -Quarterly. This report will be completed at the end of each quarter and a final report will be completed at the conclusion of the project.

(2) Federal Cash Transactions Report -Monthly. This report will be completed at the end of each month, and forwarded to office of territorial affairs by the 15th of the following month.

(3) Request for Advance or Reimbursement -Monthly. The Trust Territory of the Pacific Island and the Northern Mariana Governments will not use this report. Both of these governments will utilize the services of the TT assistant disbursing officer for drawdowns of cash, Virgin Islands is on a letter of credit.

(e) Unless otherwise indicated, all grant moneys will remain available until expended.

History: Rule 3-83, eff 4 Apr 83, § F.7 (part).