123STA T . 211 9PUBLIC LA W 111 –80—O CT. 21 , 2009 (PublicLaw1 1 0–329) i s a mend ed in subsec t i o n(b)b y inse r tin g att h e end the f ollowing
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‘ I n carrying out this section , the S ecretary may transfer funds into e x isting or new accounts as determined by the Secretary .’ ’. S EC . 7 03. T he Secretary of A griculture may transfer unobligated balances of discretionary funds a p propriated by this Act or other a v ailable unobligated discretionary balances of the D epartment of Agriculture to the W or k ing C apital F und for the ac q uisition of plant and capital equipment necessary for the delivery of financial, administrative, and information technology services of primary ben - efit to the agencies of the Department of Agriculture: Provide d, That none of the funds made available by this Act or any other Act shall be transferred to the Working Capital Fund without the prior approval of the agency administrator: Provided fu r th er, That none of the funds transferred to the Working Capital Fund pursuant to this section shall be available for obligation without the prior approval of the Committees on Appropriations of both H ouses of Congress: Provided further, That none of the funds appro- priated by this Act or made available to the Department’s Working Capital Fund shall be available for obligation or expenditure to make any changes to the Department’s N ational Finance Center without prior approval of the Committees on Appropriations of both Houses of Congress as required by section 712 of this Act: Provided further, That of annual income amounts in the Working Capital Fund of the Department of Agriculture allocated for the National Finance Center, the Secretary may reserve not more than 4 percent for the replacement or acquisition of capital equipment, including equipment for the improvement and implementation of a financial management plan, information technology, and other systems of the National Finance Center or to pay any unforeseen, extraordinary cost of the National Finance Center: Provided further, That none of the amounts reserved shall be available for obligation unless the Secretary submits notification of the obligation to the Committees on Appropriations of the House of R epresentatives and the Senate: Provided further, That the limitation on the obligation of funds pending notification to Congressional Committees shall not apply to any obligation that, as determined by the Secretary, is necessary to respond to a declared state of emergency that significantly impacts the operations of the National Finance Center
or to evacuate employees of the National Finance Center to a safe haven to continue operations of the National Finance Center. SEC. 704. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 70 5 . No funds appropriated by this Act may be used to pay negotiated indirect cost rates on cooperative agreements or similar arrangements between the U nited States Department of Agriculture and nonprofit institutions in excess of 10 percent of the total direct cost of the agreement when the purpose of such cooperative arrangements is to carry out programs of mutual interest between the two parties. This does not preclude appropriate payment of indirect costs on grants and contracts with such institu- tions when such indirect costs are computed on a similar basis for all agencies for which appropriations are provided in this Act. SEC. 70 6 . Appropriations to the Department of Agriculture for the cost of direct and guaranteed loans made available in the current fiscal year shall remain available until expended to disburse Notif i ca tio n.7USC6945 .
