Title 22, Foreign Relations and IntercourseRelease 119-73not60

§2394–1 Notification of Program Changes

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

Last updated Apr 5, 2026|Official source

Summary

Most money under this chapter and money under the Arms Export Control Act cannot be spent on activities, projects, types of equipment, countries, or operations that were not justified to Congress, or in larger amounts than were justified, unless the Senate Foreign Relations Committee, the House Foreign Affairs Committee, and the Appropriations Committees of both Houses are told 15 days before the money is obligated. If a change (reprogramming) is over $1,000,000 and makes a country’s total for the year more than $5,000,000 above the amount in the required report, the notice must explain what the money would be used for and, if possible, which country would be affected. The 15‑day notice rule does not apply to certain small or routine moves of funds: moves under one part of the chapter that do not raise funding for an activity by more than 10 percent, or moves under two other parts for less than $25,000 for a country already approved for that part. The President must also give the chairmen of the Senate Foreign Relations and House Foreign Affairs Committees the same notices about reprogrammings in the International Affairs budget that the Appropriations Committees get.

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 22, Foreign Relations and Intercourse

Last Updated

Apr 5, 2026

Release point: 119-73not60