Page:United States Statutes at Large Volume 123.djvu/886

 123STA T .86 6 PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9(7)reo r ganiz e sp rogra m sora ct i v ities or( 8 ) contracts o u tor privatizes an yf unctions or activities present l y performe db y F ederal employees; unless t h e C ommittees on A ppropriations are notified 15 days in advance of such reprogramming of funds . (b) For the purposes of providing the e x ecutive branch w ith the necessary administrative flexibility , none of the funds provided under title I of this Act, or provided under previous appropriations Acts to the agency or department funded under title I of this Act that remain available for obligation or expenditure in fiscal year 20 0 9, or provided from any accounts in the T reasury of the U nited S tates derived by the collection of fees available to the agency or department funded by title I of this Act, shall be available for obligation or expenditure for activities, programs, or pro j ects through a reprogramming of funds in excess of $ 750,000 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 Congress; or ( 3 ) results from any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Committees on Appropriations are notified 15 days in advance of such reprogramming of funds. (c) For the purposes of providing the executive branch with the necessary administrative flexibility, none of the funds made available under titles II through V in this Act under the headings ‘ ‘ G lobal H ealth and Child Survival ’ ’, ‘‘ D evelopment Assistance’’, ‘‘International O rganizations and P rograms’’, ‘‘Trade and Develop - ment Agency’’, ‘‘International N arcotics Control and L aw E nforce- ment’’, ‘‘Andean Counterdrug Programs’’, ‘‘Assistance for Europe, Eurasia and Central Asia’’, ‘‘Economic Support Fund’’, ‘‘Democracy Fund’’, ‘‘Peace k eeping Operations’’, ‘‘Capital Investment Fund’’, ‘‘Operating Expenses’’, ‘‘Office of Inspector General’’, ‘‘Nonprolifera- tion, Anti-terrorism, Demining and R elated Programs’’, ‘‘ M illennium Challenge Corporation’’, ‘‘Foreign Military Financing Program’’, ‘‘International Military Education and Training’’, ‘‘Peace Corps’’, and ‘‘Migration and Refugee Assistance’’, shall be available for obligation for activities, programs, projects, type of materiel assist- ance, countries, or other operations not justified or in excess of the amount justified to the Committees on Appropriations for obliga- tion under any of these specific headings unless the Committees on Appropriations are previously notified 15 days in advance: Pro-vide d, That the President shall not enter into any commitment of funds appropriated for the purposes of section 23 of the Arms Export Control Act for the provision of major defense e q uipment, other than conventional ammunition, or other major defense items defined to be aircraft, ships, missiles, or combat vehicles, not pre- viously justified to Congress or 20 percent in excess of the quantities justified to Congress unless the Committees on Appropriations are notified 15 days in advance of such commitment: Provided fu r th er, That this subsection shall not apply to any reprogramming for an activity, program, or project for which funds are appropriated under titles II through IV of this Act of less than 10 percent of the amount previously justified to the Congress for obligation for such activity, program, or project for the current fiscal year. (d) Notwithstanding any other provision of law, funds trans- ferred by the Department of Defense to the Department of State and the United States Agency for International Development, and Audits.Pre side n t.