Sec. 101. (including transfer of funds)

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## SEC. 101 (including transfer of funds) ###

(a)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 2021, shall be available for obligation or expenditure through a reprogramming of funds that: ####

(1)creates or initiates a new program, project, or activity; ####

(2)eliminates a program, project, or activity; ####

(3)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 Committees on Appropriations of both Houses of Congress; ####

(4)proposes to use funds directed for a specific activity for a different purpose, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; ####

(5)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 Committees on Appropriations of both Houses of Congress; ####

(6)Investigations 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: * Provided*, That for a base level less than $100,000, the reprogramming limit is $25,000: * Provided further*, 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)Construction 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: * 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 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; ####

(8)Operation and maintenance Unlimited reprogramming authority is granted for the Corps to be able to respond to emergencies: * Provided*, That the Chief of Engineers shall notify the Committees on Appropriations of both Houses of Congress of these emergency actions as soon thereafter as practicable: * Provided further*, 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; ####

(9)Mississippi river and tributaries 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 ####

(10)Formerly utilized sites remedial action program Reprogramming of up to 15 percent of the base of the receiving project is permitted. ###

(b)De Minimus Reprogrammings In no case should a reprogramming for less than $50,000 be submitted to the Committees on Appropriations of both Houses of Congress. ###

(c)Continuing Authorities Program Subsection (a)(1) shall not apply to any project or activity funded under the continuing authorities program. ###

(d)Not later than 60 days after the date of enactment of this Act, the Secretary shall submit a report to the Committees on Appropriations of both Houses of Congress to establish the baseline for application of reprogramming and transfer authorities for the current fiscal year which shall include: ####

(1)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 ####

(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 appropriations; and ####

(3)An identification of items of special congressional interest.