§ 2706. — Reprograming of funds; notice requirements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2706]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 38--DEPARTMENT OF STATE
Sec. 2706. Reprograming of funds; notice requirements
(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) of this section 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) of this section, 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.
(Aug. 1, 1956, ch. 841, title I, Sec. 34, as added Pub. L. 98-164, title
I, Sec. 123, Nov. 22, 1983, 97 Stat. 1025; amended Pub. L. 100-204,
title I, Sec. 121, Dec. 22, 1987, 101 Stat. 1339; Pub. L. 102-138, title
I, Sec. 117(b), Oct. 28, 1991, 105 Stat. 657; Pub. L. 103-236, title I,
Sec. 122(c), Apr. 30, 1994, 108 Stat. 392; Pub. L. 105-277, div. G,
subdiv. B, title XXII, Sec. 2243, Oct. 21, 1998, 112 Stat. 2681-823.)
Prior Provisions
A prior section 34 of act Aug. 1, 1956, was renumbered sections 35
and 36 by sections 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,
Sec. 111(1), Oct. 28, 1991, 105 Stat. 654.
Amendments
1998--Subsec. (a). Pub. L. 105-277, Sec. 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, Sec. 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).
Section Referred to in Other Sections
This section is referred to in sections 287b, 2684a, 2696, 2710,
2720, 4855, 6612 of this title.
