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Code · BILL · 114th Congress · H.R. 2028 (EAS) — 114 HR 2028 EAS: Energy and Water Development and Related Agencies Appropriations Act, 2017 · Sec. 101

Sec. 101.

716 words·~3 min read·/bill/114/hr/2028/eas/section-101

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None of the funds provided in title I of this Act, or provided by previous appropriations Acts to the agencies or entities funded in title I of this Act that remain available for obligation or expenditure in fiscal year 2017, shall be available for obligation or expenditure through a reprogramming of funds that: creates or initiates a new program, project, or activity; eliminates a program, project, or activity; increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by this Act, unless prior approval is received from the House and Senate Committees on Appropriations; 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; augments or reduces existing programs, projects, or activities in excess of the amounts contained in paragraphs
(6)through (10), unless prior approval is received from the House and Senate Committees on Appropriations; For a base level over $100,000, reprogramming of 25 percent of the base amount up to a limit of $150,000 per project, study or activity is allowed: , That for a base level less than $100,000, the reprogramming limit is $25,000: Provided , 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; Provided further For a base level over $2,000,000, reprogramming of 15 percent of the base amount up to a limit of $3,000,000 per project, study or activity is allowed: , That for a base level less than $2,000,000, the reprogramming limit is $300,000: Provided , That up to $3,000,000 may be reprogrammed for settled contractor claims, changed conditions, 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; Provided further Unlimited reprogramming authority is granted for the Corps to be able to respond to emergencies: , That the Chief of Engineers shall notify the House and Senate Committees on Appropriations of these emergency actions as soon thereafter as practicable: Provided , That for a base level over $1,000,000, reprogramming of 15 percent of the base amount up to 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 reprogramming limit is $150,000: Provided further , That $150,000 may be reprogrammed into any continuing study or activity that did not receive an appropriation; Provided further The reprogramming guidelines in paragraphs (6), (7), and
(8)shall apply to the Investigations, Construction, and Operation and Maintenance portions of the Mississippi River and Tributaries Account, respectively; and Reprogramming of up to 15 percent of the base of the receiving project is permitted. In no case should a reprogramming for less than $50,000 be submitted to the House and Senate Committees on Appropriations. Subsection (a)(1) shall not apply to any project or activity funded under the continuing authorities program. Not later than 60 days after the date of enactment of this Act, the Secretary shall submit a report to the House and Senate Committees on Appropriations to establish the baseline for application of reprogramming and transfer authorities for the current fiscal year which shall include: A table for each appropriation with a separate column to display the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if applicable, and the fiscal year enacted level; and 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 appropriations; and An identification of items of special congressional interest. The Secretary shall allocate funds made available in this Act solely in accordance with the provisions of this Act and the report of the Committee on Appropriations accompanying this Act, including the determination and designation of new starts. None of the funds made available in this title may be used to award or modify any contract that commits funds beyond the amounts appropriated for that program, project, or activity that remain unobligated, except that such amounts may include any funds that have been made available through reprogramming pursuant to section 101.
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