Title 22Foreign Relations and IntercourseRelease 119-73

§2394–1 Notification of program changes

Title 22 › Chapter CHAPTER 32— - FOREIGN ASSISTANCE › Subchapter SUBCHAPTER III— - GENERAL AND ADMINISTRATIVE PROVISIONS › Part Part II— - Administrative Provisions › § 2394–1

Last updated Apr 6, 2026|Official source

Summary

Before money from these foreign affairs funds is used for activities, programs, projects, kinds of material help, countries, or other operations that were not approved to Congress or that are more than the approved amount, the government must tell the Senate Foreign Relations Committee, the House Foreign Affairs Committee, and the Appropriations Committees of both Houses at least 15 days before spending. This rule does not apply to certain specified program parts or to disaster relief and rehabilitation. If a proposed money shift is over $1,000,000 and it would make a country's total spending more than $5,000,000 above the amount listed in the required report, the notice must say what the money would be used for and, when possible, which country would have otherwise gotten the funds. No notice is needed for small moves: moving money for a program under part I of subchapter I that increases that program’s amount by 10 percent or less, or moving less than $25,000 for programs under part VIII of subchapter I or part V of subchapter II for a country that already has a justified program that year. The President must also notify the chairmen of the Senate Foreign Relations Committee and the House Foreign Affairs Committee about reprogramming in the International Affairs budget the same way he notifies the Appropriations Committees; this is in addition to other notices.

Full Legal Text

Title 22, §2394–1

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)None of the funds appropriated to carry out the purposes of this chapter (except for programs under subpart III or subpart IV of part II of subchapter I of this chapter, part V of subchapter I of this chapter, and programs of disaster relief and rehabilitation) or the Arms Export Control Act [22 U.S.C. 2751 et seq.] may be obligated for any activities, programs, projects, types of materiel assistance, countries, or other operations not justified, or in excess of the amount justified, to the Congress for obligation under this chapter or the Arms Export Control Act for any fiscal year unless the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of each House of the Congress are notified fifteen days in advance of such obligation. Whenever a proposed reprograming exceeds $1,000,000 and the total amount proposed for obligation for a country under this chapter in a fiscal year exceeds by more than $5,000,000 the amount specified for that country in the report required by section 2413(a) of this title, notifications of such proposed reprogramings shall specify—
(1)the nature and purpose of such proposed obligation, and
(2)to the extent possible at the time of the proposed obligation, the country for which such funds would otherwise have been obligated.
(b)The notification requirement of this section does not apply to the reprogramming—
(1)of funds to be used for an activity, program, or project under part I of subchapter I of this chapter if the amounts to be obligated for that activity, program, or project for that fiscal year do not exceed by more than 10 percent the amount justified to the Congress for that activity, program, or project for that fiscal year; or
(2)of less than $25,000 to be used under part VIII of subchapter I of this chapter, or under part V of subchapter II of this chapter, for a country for which a program under that part for that fiscal year was justified to the Congress.
(c)The President shall notify the chairman of the Committee on Foreign Relations of the Senate and the chairman of the Committee on Foreign Affairs of the House of Representatives concerning any reprogramming of funds in the International Affairs Budget Function, the authorizations of appropriations for which are in their respective jurisdictions, to the same degree and with the same conditions as the President notifies the Committees on Appropriations. The requirements of this subsection are in addition to, and not in lieu of, other notification requirements.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see

Short Title

note set out under section 2151 of this title and Tables. The Arms Export Control Act, referred to in subsec. (a), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§ 2751 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 2751 of this title and Tables. Codification Section was formerly classified to section 2429b of this title.

Amendments

1994—Subsec. (a). Pub. L. 103–437 substituted “Foreign Affairs” for “International Relations” in introductory provisions. 1985—Pub. L. 99–83 designated existing provisions as subsec. (a), inserted references to the Arms Export Control Act in two places, and added subsecs. (b) and (c). 1981—Pub. L. 97–113 inserted provision respecting notification of proposed reprograming of assistance.

Statutory Notes and Related Subsidiaries

References to Part I Deemed To Include section 2293References to part I of subchapter I of this chapter are deemed to include a reference to section 2293 of this title. See section 2293(d)(1) of this title.

Effective Date

of 1985 AmendmentAmendment by Pub. L. 99–83 effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as a note under section 2151–1 of this title.

Executive Documents

Delegation of Functions For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.

Reference

Citations & Metadata

Citation

22 U.S.C. § 2394–1

Title 22Foreign Relations and Intercourse

Last Updated

Apr 6, 2026

Release point: 119-73