12 2 STA T .3680PUBLIC LA W 110 – 32 9— S E PT. 30 , 2008 oractiv it yf or wh ich f und in gle vel s were re q uested for F ederal full - ti m e equivalents in the o bj ect classification tables contained in the fiscal year 20 0 9B udget Ap pendi x for the D epartment of H omeland S ecurity , as modified by the explanatory statement accompanying this Act, unless the C ommittees on Appropriations of the Senate and the House of R epresentatives are notified 15 days in advance of such reprogramming of funds .( b )N one 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 2009, or provided from any accounts in the T reasury of the U nited 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 transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by such transfers: Provide d, That any transfer under this section shall be treated as a reprogramming of funds under subsection (b) and shall not be available for obligation unless the Committees on Appropriations of the Senate and the House of Representatives are notified 15 days in advance of such transfer. (d) Notwithstanding subsections (a), (b), and (c) of this section, no funds shall be reprogrammed within or transferred between appropriations after J une 30, except in extraordinary circumstances that imminently threaten the safety of human life or the protection of property. (e) W ithin 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a report listing all dollar amounts specified in this Act and accom- panying explanatory statement that are identified in the detailed funding table at the end of the explanatory statement accompanying this Act or any other amounts specified in this Act or accompanying explanatory statement: Provided , That such dollar amounts speci- fied in this Act and accompanying explanatory statement shall be subject to the conditions and requirements of subsections (a), (b), and (c) of this section. S EC .50 4 . The Department of Homeland Security Wor k ing Cap- ital Fund, established pursuant to section 403 of P ublic L aw 103 – 35 6 (31 U.S.C. 501 note), shall continue operations as a permanent working capital fund for fiscal year 2009: Provided, That none of the funds appropriated or otherwise made available to the Depart- ment of Homeland Security may be used to make payments to the Working Capital Fund, except for the activities and amounts 31USC50 1 note.R e p o r t s .
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