PRIA, Government Policy, Made Personal

Summary

The Department of State must tell four Congressional committees (House International Relations, House Appropriations, Senate Foreign Relations, and Senate Appropriations) at least 15 days before it changes how it spends its money in certain ways. The rule covers seven types of changes, including creating or ending programs, increasing money or staff for projects Congress denied or limited, moving or reorganizing offices or people, contracting out jobs done by federal workers, or any reprogramming over $1,000,000 or 10 percent (whichever is less) that adds to programs, cuts funding by 10 percent or more, or comes from personnel cuts that change approved programs. If the funds are in their last 15 days of availability, no such reprogramming can happen unless notice was given before that 15‑day period. The Secretary of State can skip the notice only if waiting would seriously risk human health or welfare. In that case the Secretary must notify the four committees as soon as possible, and no later than 3 days after acting, and explain the emergency.

Title 22, §2706

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)In general

Unless the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate are notified fifteen days in advance of the proposed reprograming, funds appropriated for the Department of State shall not be available for obligation or expenditure through any reprograming of funds—

(1)which creates new programs;

(2)which eliminates a program, project, or activity;

(3)which increases funds or personnel by any means for any project or activity for which funds have been denied or restricted by the Congress;

(4)which relocates an office or employees;

(5)which reorganizes offices, programs, or activities;

(6)which involves contracting out functions which had been performed by Federal employees; or

(7)which involves a reprograming in excess of $1,000,000 or 10 per centum, whichever is less, and which (A) augments existing programs, projects, or activities, (B) reduces by 10 per centum or more the funding for any existing program, project, activity, or personnel approved by the Congress, or (C) results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects approved by the Congress.

(b)Final 15 days in which funds available

Funds appropriated for the Department of State may not be available for obligation or expenditure through any reprogramming described in subsection (a) during the period which is the last 15 days in which such funds are available unless notice of such reprogramming is made before such period.

(c)Waiver

The Secretary of State may waive the notification requirement of subsection (a), if the Secretary determines that failure to do so would pose a substantial risk to human health or welfare. In the case of any waiver under this subsection, notification to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on International Relations and the Committee on Appropriations of the House of Representatives shall be provided as soon as practicable, but not later than 3 days after taking the action to which the notification requirement was applicable, and shall contain an explanation of the emergency circumstances.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 34 of act Aug. 1, 1956, was renumbered section 35 and 36 by section 123 and 124 of Pub. L. 98–164, and subsequently renumbered, and set out as a

Short Title

of 1956 Amendment note under section 2651 of this title, prior to repeal by Pub. L. 102–138, title I, § 111(1), Oct. 28, 1991, 105 Stat. 654.

Amendments

1998—Subsec. (a). Pub. L. 105–277, § 2243(1), in introductory provisions, substituted “International Relations and the Committee on Appropriations” for “Foreign Affairs” and inserted “and the Committee on Appropriations” after “Foreign Relations”. Subsec. (c). Pub. L. 105–277, § 2243(2), added subsec. (c). 1994—Subsec. (a)(7). Pub. L. 103–236 substituted “$1,000,000” for “$500,000”. 1991—Subsec. (a)(7). Pub. L. 102–138 substituted “$500,000” for “$250,000”. 1987—Pub. L. 100–204 designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related Subsidiaries

Change of Name

Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

§2706 Reprograming of Funds; Notice Requirements