123STA T . 32 0 2 PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9tha tha sbe e nco n vi cte d o f vio l atin g the BuyAm e r ican Act (41U.S . C .1 0 a – 10c ) . S EC . 6 0 8 . Ex ce p t as other w ise 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 2 010, or pro - vided from any accounts in the T reasury 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
(1) creates a new program
(2) eliminates a program, pro j ect, 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 the Committee on Appropriations of either the H ouse of R epresentatives or the Senate for a different purpose; ( 5 ) aug- ments existing programs, projects, or activities in excess of $ 5,000,000 or 10 percent, whichever is less; (6) reduces existing programs, projects, or activities by $5,000,000 or 10 percent, which- ever is less; or ( 7 ) creates or reorgani z es offices, programs, or activities unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate: Provide d, That prior to any significant reorganization or restruc- turing of offices, programs, or activities, each agency or entity funded in this Act shall consult with the Committees on Appropria- tions of the House of Representatives and the Senate: Provided fu r th er, 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 House of Representa- tives and the Senate to establish the baseline for application of reprogramming and transfer authorities for the current fiscal year: Provided further, 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 salaries 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. 60 9 . 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 for salaries and expenses for fiscal year 2010 in this Act, shall remain available through September 30, 2011, for each such account for the purposes authorized: Provided, That a request shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate for approval prior to the expendi- ture of such funds: Provided further, That these requests shall be made in compliance with reprogramming guidelines. SEC. 610. N one of the funds made available in this Act may be used by the Executive O ffice of the President to request from the F ederal Bureau of I nvestigation any official bac k ground inves- tigation report on any individual, except when —Expenditur e re q ue s t .F ines. R ep o rts. D e a d l ine. Reports.
