192 
the United States Army Engineer Research and Develop-
ment Center, and the United States Army Corps of Engi-
neers Finance Center, $179,365,000, to remain available 
until expended, of which not to exceed $5,000 may be used 
for official reception and representation purposes and only 
during the current fiscal year: Provided, That no part of 
any other appropriation provided in title I of this Act shall 
be available to fund the civil works activities of the Office 
of the Chief of Engineers or the civil works executive di-
rection and management activities of the division offices. 
OFFICE OF ASSISTANT SECRETARY OF THE ARMY (CIVIL 
WORKS) 
For the Office of Assistant Secretary of the Army 
(Civil Works) as authorized by 10 U.S.C. 3016(b)(3), 
$4,500,000, to remain available until expended. 
ADMINISTRATIVE PROVISION 
The Revolving Fund, Corps of Engineers, shall be 
available during the current fiscal year for purchase (not 
to exceed 100 for replacement only) and hire of passenger 
motor vehicles for the civil works program. 
GENERAL PROVISIONS, CORPS OF ENGINEERS—CIVIL 
SEC. 101. (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 
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year 2009, 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 pro-
gram, project, or activity for which funds have been 
denied or restricted by this Act, unless prior ap-
proval is received from the House and Senate Com-
mittees 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 existing programs, 
projects or activities in excess of the amounts con-
tained in subsections 6 through 10, unless prior ap-
proval is received from the House and Senate Com-
mittees on Appropriations; 
(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 
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be reprogrammed into any continuing study or activ-
ity 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 con-
tractor claims, changed conditions, or real estate de-
ficiency judgments: Provided further, That up to 
$300,000 may be reprogrammed into any continuing 
study or activity that did not receive an appropria-
tion for existing obligations and concomitant admin-
istrative expenses; 
(8) OPERATION
AND
MAINTENANCE.—Unlim-
ited reprogramming authority is granted in order for 
the Corps to be able to respond to emergencies: Pro-
vided, That the Chief of Engineers must notify the 
House and Senate Committees on Appropriations 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 up to a limit of $5,000,000 per project, 
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