123STA T . 2 849PUBLIC LA W 111 – 8 5—O CT. 28 , 2 0 09 (3)increas es fu n d s o r p ersonne l for an y pro g ra m, pro j ec t , or acti v ity for wh ich funds have b een denied or restricted by this A ct, unless prior approval is received from the H ouse and S enate C ommittees on Appropriations
( 4 ) proposes to use funds directed for a specific activity for a different purpose, unless prior approval is received from the House and Senate Committees on Appropriations; ( 5 ) augments or reduces e x isting programs, projects or activities in excess of the amounts contained in subsections 6 through 10 , unless prior approval is received from the House and Senate Committees on Appropriations; (6) INVESTIGA TI O NS .—F or a base level over $ 100,000, re - programming of 2 5 percent of the base amount up to a limit of $150,000 per project, study or activity is allowed
- Provide
d, T hat for a base level less than $100,000, the reprogramming limit is $25,000: Provided fu r th er, That up to $25,000 may be reprogrammed into any continuing study or activity that did not receive an appropriation for existing obligations and concomitant administrative expenses; ( 7 ) CONST RUC TION.—For a base level over $2,000,000, re- programming of 15 percent of the base amount up to a limit of $3,000,000 per project, study or activity is allowed: Provided, That for a base level less than $2,000,000, the reprogramming limit is $300,000: Provided further, That up to $3,000,000 may be reprogrammed for settled contractor claims, changed condi- tions, or real estate deficiency judgments: Provided further, That up to $300,000 may be reprogrammed into any continuing study or activity that did not receive an appropriation for existing obligations and concomitant administrative expenses; ( 8 ) OP ERATION AN DM AINTENANCE.— U nlimited reprogram- ming authority is granted in order for the Corps to be able to respond to emergencies: Provided, That the Chief of E ngi- neers must notify the House and Senate Committees on Appro- priations of these emergency actions as soon thereafter as prac- ticable: Provided further, That for a base level over $1,000,000, reprogramming of 15 percent of the base amount a limit of $5,000,000 per project, study or activity is allowed: Provided further, That for a base level less than $1,000,000, the re- programming limit is $150,000: Provided further, That $150,000 may be reprogrammed into any continuing study or activity that did not receive an appropriation; ( 9 ) M ISSISSIPPI RIVER AND TRI B UTARIES.—The same re- programming guidelines for the Investigations, Construction, and Operation and Maintenance portions of the Mississippi R iver and Tributaries Account as listed above; and (10) FORMER LY UTILI Z ED SITES REMEDIAL ACTION PRO- GRAM.—Reprogramming of up to 15 percent of the base of the receiving project is permitted. (b) D IMINIMUS REPROGRAMMINGS.—In no case should a re- programming for less than $50,000 be submitted to the House and Senate Committees on Appropriations. (c) CONTINUING AUT H ORITIES P ROGRAM.—Subsection (a)(1) shall not apply to any project or activity funded under the continuing authorities program. (d) N ot later than 60 days after the date of enactment of this Act, the Corps of Engineers shall submit a report to the House and Senate Committees on Appropriations to establish the Deadlin e .R e ports . N oti f i c ation.
