123STA T . 21 68PUBLIC LA W 111 – 83 —O CT. 28 , 2 0 0 9TI T LEVG E N E RA L P R O VI S IONS (INCLUD IN GRES CISSI O NSO F FUNDS ) SEC .501 . N opart o f a ny appropr i ation c ontain ed int h i s Act sha l lre m ain a v aila b le for obli g ation beyond the c u rrent fiscal year unless e x pressly so provided herein. SEC. 50 2 . Sub j ect to the re q uirements of section 50 3 of this Act , the unexpended balances of prior appropriations provided for activities in this Act may be transferred to appropriation accounts for such activities established pursuant to this Act, may be merged w ith funds in the applicable established accounts, and thereafter may be accounted for as one fund for the same time period as originally enacted. SEC. 503. ( a ) None of the funds provided by this Act, provided by previous appropriations Acts to the agencies in or transferred to the D epartment of H omeland Security that remain available for obligation or expenditure in fiscal year 2010, or provided from any accounts in the Treasury of the U nited States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a re - programming of funds that
(1) creates a new program, project, or activity
(2) eliminates a program, project, office, or activity; (3) increases funds for any program, project, or activity for which funds have been denied or restricted by the C ongress; ( 4 ) proposes to use funds directed for a specific activity by either of the Commit- tees on Appropriations of the Senate or the House of Representa- tives for a different purpose; or (5) contracts out any function or activity for which funding levels were requested for F ederal full-time equivalents in the object classification tables contained in the fiscal year 2010 B udget Appendix for the Department of Homeland Security, as modified by the joint explanatory statement accompanying this Act, unless the Committees on Appropriations of the Senate and the House of Representatives are notified 15 days in advance of such reprogramming of funds. (b) None of the funds provided by this Act, provided by previous appropriations Acts to the agencies in or transferred to the Depart- ment of Homeland Security that remain available for obligation or expenditure in fiscal year 2010, or provided from any accounts in the Treasury of the United States derived by the collection of fees or proceeds available to the agencies funded by this Act, shall be available for obligation or expenditure for programs, projects, or activities through a reprogramming of funds in excess of $ 5,000,000 or 10 percent, whichever is less, that: (1) augments existing programs, projects, or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by the Congress; or (3) results from any general savings from a reduction in personnel that would result in a change in existing programs, projects, or activities as approved by the Congress, unless the Committees on Appropriations of the Senate and the House of Representatives are notified 15 days in advance of such reprogramming of funds. (c) Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Homeland Security by this Act or provided by previous appropriations Acts may be Notif i ca tio ns.De a dl ines.
