123STA T . 311 0PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9SEC.402 . None o fth ef u n dsi n this Ac tsh al l b e used fo r the p lannin g ore x ecution of an y progra m to pay the expenses of , or other w ise compensate, non -F ederal parties inter v ening in regulatory or ad j udicatory proceedings funded in this Act. SEC. 40 3 . None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein. SEC. 404. T he expenditure of any appropriation under this Act for any consulting service through procurement contract pursu- ant to section 3 1 0 9 of title 5 , U nited States C ode, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing E xecutive order issued pursuant to existing law. SEC. 405. Except as otherwise provided in this Act, none of the funds provided in this Act, provided by previous appropriations Acts to the agencies or entities funded in this Act that remain available for obligation or expenditure in fiscal year 2010, or pro- vided from any accounts in the Treasury derived by the collection of fees and available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that
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1 ) creates a new program
(2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by the Congress; (4) proposes to use funds directed for a specific activity by either the H ouse or Senate Committees on Appropria- tions for a different purpose; (5) augments existing programs, projects, or activities in excess of $ 5,000,000 or 10 percent, which- ever is less; ( 6 ) reduces existing programs, projects, or activities by $5,000,000 or 10 percent, whichever is less; or ( 7 ) creates, reorga- ni z es, or restructures a branch, division, office, bureau, board, commission, agency, administration, or department different from the budget justifications submitted to the Committees on Appropria- tions or the table accompanying the explanatory statement accom- panying this Act, whichever is more detailed, unless prior approval is received from the House and Senate Committees on Appropria- tions: Provide d, That not later than 60 days after the date of enactment of this Act, each agency funded by this Act shall submit a report to the Committees on Appropriations of the Senate and of the House of R epresentatives to establish the baseline for applica- tion of reprogramming and transfer authorities for the current fiscal year: Provided fu r th er, That the report shall include: (1) a table for each appropriation with a separate column to display the P resident ’ s budget re q uest, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; (2) a delineation in the table for each appropriation both by object class and program, project, and activity as detailed in the budget appendix for the respective appropriation; and (3) an identification of items of special congressional interest: Provided further, That the amount appropriated or limited for sala- ries and expenses for an agency shall be reduced by $100,000 per day for each day after the required date that the report has not been submitted to the Congress. SEC. 406. Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2010 from appropriations made available Fines.D e adl ine. R e port s. C ontra c ts.
