Sec. 7009.
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Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of State under title I of this Act may be transferred between, and merged with, such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers, and no such transfer may be made to increase the appropriation under the heading Representation Expenses . Funds appropriated under the headings Diplomatic Programs , including for Worldwide Security Protection, Embassy Security, Construction, and Maintenance , and Emergencies in the Diplomatic and Consular Service in this Act may be transferred to, and merged with, funds appropriated under such headings if the Secretary of State determines and reports to the Committees on Appropriations that to do so is necessary to implement the recommendations of the Benghazi Accountability Review Board, for emergency evacuations, or to prevent or respond to security situations and requirements, subject to the regular notification procedures of such Committees.
Of the amount made available under the heading Diplomatic Programs for Worldwide Security Protection, not to exceed $50,000,000 may be transferred to, and merged with, funds made available by this Act under the heading Emergencies in the Diplomatic and Consular Service , to be available only for emergency evacuations and rewards, as authorized. Of the amount made available under the heading, Diplomatic Programs , up to $50,000,000 may be transferred to, and merged with, funds made available in title I of this Act under the heading Capital Investment Fund .
The transfer authorities provided by subparagraphs (B), (C), and
(D)are in addition to any transfer authority otherwise available in this Act and under any other provision of law and the exercise of such authority shall be subject to prior consultation with the Committees on Appropriations. Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings Administration of Foreign Affairs in title I and Operating Expenses in title II may be transferred to and between accounts under such headings if the Secretary of State determines such transfer is necessary to implement a reorganization, redesign, or other plan as defined by section 7063(b) of this Act that is expressly authorized by a subsequent Act of Congress: That such transfer authority is in addition to any other transfer authority provided by this Act or any other Act and is subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. Provided, Any transfer pursuant to this subsection shall be treated as a reprogramming of funds under section 7015 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. None of the funds made available under titles II through V of this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act. Notwithstanding paragraph (1), in addition to transfers made by, or authorized elsewhere in, this Act, funds appropriated by this Act to carry out the purposes of the Foreign Assistance Act of 1961 may be allocated or transferred to agencies of the United States Government pursuant to the provisions of sections 109, 610, and 632 of the Foreign Assistance Act of 1961, and section 1434(j) of the BUILD Act of 2018 (division F of Public Law 115–254 ). Any agreement entered into by the Department of State with any department, agency, or instrumentality of the United States Government pursuant to section 632(b) of the Foreign Assistance Act of 1961 valued in excess of $2,000,000 and any agreement made pursuant to section 632(a) of such Act, with funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings Global Health Programs , Development Assistance , Economic Support Fund , National Security Investment Programs , Assistance for Europe, Eurasia and Central Asia , and International Narcotics Control and Law Enforcement shall be subject to the regular notification procedures of the Committees on Appropriations: , That the requirement of this paragraph shall not apply to such agreements with a department, agency, or instrumentality funded by this Act. Provided Agreements between the Department of State with any department, agency, or instrumentality of the United States Government not funded by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs, to transfer or allocate funds appropriated under the headings International Humanitarian Assistance and United States Emergency Refugee and Migration Assistance Fund in this Act, or under the headings International Disaster Assistance , Migration and Refugee Assistance , and United States Emergency Refugee and Migration Assistance Fund in prior Acts making appropriations for the Department of State, foreign operations, and related programs shall be subject to prior consultation with the Committees on Appropriations, not later than 7 days prior to the transfer of such funds, except if to do so would pose an immediate and substantial risk to human health or welfare: That in the case of any such exception the information required by such consultation shall be provided as early as practicable, but in no event later than 3 days after taking the action to which the consultation requirement was applicable, and such information shall include a description of the circumstance necessitating such exception. Provided, Amounts transferred pursuant to section 1434(j) of the BUILD Act of 2018 (division F of Public Law 115–254 ) may only be transferred from funds made available under title III of this Act: That any such transfers, or any other amounts transferred to the United States International Development Finance Corporation (the Corporation) pursuant to any provision of law, shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: Provided, That the Secretary of State and the Chief Executive Officer of the Corporation, as appropriate, shall ensure that the programs funded by such transfers are coordinated with, and complement, foreign assistance programs implemented by the Department of State. Provided further, None of the funds made available under titles II through V of this Act may be obligated under an appropriations account to which such funds were not appropriated, except for transfers specifically provided for in this Act, unless the President, not less than 5 days prior to the exercise of any authority contained in the Foreign Assistance Act of 1961 to transfer funds, consults with and provides a written policy justification to the Committees on Appropriations. Any agreement for the transfer or allocation of funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs entered into between the Department of State and another agency of the United States Government under the authority of section 632(a) of the Foreign Assistance Act of 1961, or any comparable provision of law, shall expressly provide that the Inspector General
(IG)for the agency receiving the transfer or allocation of such funds, or other entity with audit responsibility if the receiving agency does not have an IG, shall perform periodic program and financial audits of the use of such funds and report to the Department of State upon completion of such audits: That such audits shall be transmitted to the Committees on Appropriations by the Department of State: Provided, That funds transferred under such authority may be made available for the cost of such audits. Provided further,
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