Sec. 7015. notification requirements
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## SEC. 7015 notification requirements ###
(a)Notification of Changes in Programs, Projects, and Activities None of the funds made available in titles I, II, and VI, and under the headings “Peace Corps” and “Millennium Challenge Corporation”, of this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs to the departments and agencies funded by this Act that remain available for obligation in fiscal year 2021, or provided from any accounts in the Treasury of the United States derived by the collection of fees or of currency reflows or other offsetting collections, or made available by transfer, to the departments and agencies funded by this Act, shall be available for obligation to— ####
(1)create new programs; ####
(2)suspend or eliminate a program, project, or activity; ####
(3)close, suspend, open, or reopen a mission or post; ####
(4)create, close, reorganize, downsize, or rename bureaus, centers, or offices; or ####
(5)contract out or privatize any functions or activities presently performed by Federal employees; unless previously justified to the Committees on Appropriations or such Committees are notified 15 days in advance of such obligation. ###
(b)Notification of Reprogramming of Funds None of the funds provided under titles I, II, and VI of this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs, to the departments and agencies funded under such titles that remain available for obligation in fiscal year 2021, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the department and agency funded under title I of this Act, shall be available for obligation or expenditure for programs, projects, or activities through a reprogramming of funds in excess of $1,000,000 or 10 percent, whichever is less, that— ####
(1)augments or changes existing programs, projects, or activities; ####
(2)relocates an existing office or employees; ####
(3)reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or ####
(4)results from any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, projects, or activities as approved by Congress; unless the Committees on Appropriations are notified 15 days in advance of such reprogramming of funds. ###
(c)Notification Requirement None of the funds made available by this Act under the headings “Global Health Programs”, “Development Assistance”, “International Organizations and Programs”, “Trade and Development Agency”, “International Narcotics Control and Law Enforcement”, “Economic Support Fund”, “Democracy Fund”, “Assistance for Europe, Eurasia and Central Asia”, “Peacekeeping Operations”, “Nonproliferation, Anti-terrorism, Demining and Related Programs”, “Millennium Challenge Corporation”, “Foreign Military Financing Program”, “International Military Education and Training”, “United States International Development Finance Corporation”, and “Peace Corps”, shall be available for obligation for programs, projects, activities, type of materiel assistance, countries, or other operations not justified or in excess of the amount justified to the Committees on Appropriations for obligation under any of these specific headings unless the Committees on Appropriations are notified 15 days in advance of such obligation: * Provided*, That the President shall not enter into any commitment of funds appropriated for the purposes of section 23 of the Arms Export Control Act for the provision of major defense equipment, other than conventional ammunition, or other major defense items defined to be aircraft, ships, missiles, or combat vehicles, not previously justified to Congress or 20 percent in excess of the quantities justified to Congress unless the Committees on Appropriations are notified 15 days in advance of such commitment: * Provided further*, That requirements of this subsection or any similar provision of this or any other Act shall not apply to any reprogramming for a program, project, or activity for which funds are appropriated under titles III through VI of this Act of less than 10 percent of the amount previously justified to Congress for obligation for such program, project, or activity for the current fiscal year: * Provided further*, That any notification submitted pursuant to subsection
(f)of this section shall include information (if known on the date of transmittal of such notification) on the use of notwithstanding authority. ###
(d)Department of Defense Programs and Funding Notifications ####
(1)Programs None of the funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available to support or continue any program initially funded under any authority of title 10, United States Code, or any Act making or authorizing appropriations for the Department of Defense, unless the Secretary of State, in consultation with the Secretary of Defense and in accordance with the regular notification procedures of the Committees on Appropriations, submits a justification to such Committees that includes a description of, and the estimated costs associated with, the support or continuation of such program. ####
(2)Funding Notwithstanding any other provision of law, funds transferred by the Department of Defense to the Department of State and the United States Agency for International Development for assistance for foreign countries and international organizations shall be subject to the regular notification procedures of the Committees on Appropriations. ####
(3)Notification on excess defense articles Prior to providing excess Department of Defense articles in accordance with section 516(a) of the Foreign Assistance Act of 1961, the Department of Defense shall notify the Committees on Appropriations to the same extent and under the same conditions as other committees pursuant to subsection
(f)of that section: * Provided*, That before issuing a letter of offer to sell excess defense articles under the Arms Export Control Act, the Department of Defense shall notify the Committees on Appropriations in accordance with the regular notification procedures of such Committees if such defense articles are significant military equipment (as defined in section 47(9) of the Arms Export Control Act) or are valued (in terms of original acquisition cost) at $7,000,000 or more, or if notification is required elsewhere in this Act for the use of appropriated funds for specific countries that would receive such excess defense articles: * Provided further*, That such Committees shall also be informed of the original acquisition cost of such defense articles. ###
(e)Waiver The requirements of this section or any similar provision of this Act or any other Act, including any prior Act requiring notification in accordance with the regular notification procedures of the Committees on Appropriations, may be waived if failure to do so would pose a substantial risk to human health or welfare: * Provided*, That in case of any such waiver, notification to the Committees on Appropriations shall be provided as early as practicable, but in no event later than 3 days after taking the action to which such notification requirement was applicable, in the context of the circumstances necessitating such waiver: * Provided further*, That any notification provided pursuant to such a waiver shall contain an explanation of the emergency circumstances. ###
(f)Country Notification Requirements None of the funds appropriated under titles III through VI of this Act may be obligated or expended for assistance for Afghanistan, Bahrain, Burma, Cambodia, Colombia, Cuba, Egypt, El Salvador, Ethiopia, Greenland, Guatemala, Haiti, Honduras, Iran, Iraq, Lebanon, Libya, Mexico, Nicaragua, Pakistan, Philippines, the Russian Federation, Somalia, South Sudan, Sri Lanka, Sudan, Syria, Uzbekistan, Venezuela, Yemen, and Zimbabwe except as provided through the regular notification procedures of the Committees on Appropriations. ###
(g)Trust Funds Funds appropriated or otherwise made available in title III of this Act and prior Acts making funds available for the Department of State, foreign operations, and related programs that are made available for a trust fund held by an international financial institution shall be subject to the regular notification procedures of the Committees on Appropriations and such notification shall include the information specified under this section in House Report 116-444. ###
(h)Other Program Notification Requirement ####
(1)Diplomatic programs Funds appropriated under title I of this Act under the heading “Diplomatic Programs” that are made available for lateral entry into the Foreign Service shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. ####
(2)Other programs Funds appropriated by this Act that are made available for the following programs and activities shall be subject to the regular notification procedures of the Committees on Appropriations: #####
(A)the Global Engagement Center, except that the Secretary of State shall consult with the Committees on Appropriations prior to submitting such notification; #####
(B)the Power Africa and Prosper Africa initiatives; #####
(C)community-based police assistance conducted pursuant to the authority of section 7035(a)(1) of this Act; #####
(D)the Prevention and Stabilization Fund and the Multi-Donor Global Fragility Fund; #####
(E)the Indo-Pacific Strategy; #####
(F)the Global Security Contingency Fund; #####
(G)the Countering Chinese Influence Fund and the Countering Russian Influence Fund; #####
(H)the Program to End Modern Slavery; and #####
(I)the Women’s Global Development and Prosperity Fund. ####
(3)Democracy program policy and procedures Modifications to democracy program policy and procedures, including relating to the use of consortia, by the Department of State and USAID shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. ####
(4)Arms sales The reports, notifications, and certifications, and any other documents, required to be submitted pursuant to section 36(a) of the Arms Export Control Act (22 U.S.C. 2776), and such documents submitted pursuant to section 36(b) through
(d)of such Act with respect to countries that have received assistance provided with funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs, shall be concurrently submitted to the Committees on Appropriations and shall include information about the source of funds for any sale or transfer, as applicable, if known at the time of submission. ###
(i)Withholding of Funds Funds appropriated by this Act under titles III and IV that are withheld from obligation or otherwise not programmed as a result of application of a provision of law in this or any other Act shall, if reprogrammed, be subject to the regular notification procedures of the Committees on Appropriations. ###
(j)Foreign Assistance and Global Health Security Reviews Funds appropriated by this Act that are made available to make programmatic, funding, and organizational changes resulting from implementation of any foreign assistance review or realignment shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: * Provided*, That such notifications may be submitted in classified form, if necessary: * Provided further*, That the consultation requirement of this subsection shall apply to global health security programs, to include the Global Health Security Agenda and emergency health responses. ###
(k)Prior Consultation Requirement The Secretary of State, the Administrator of the United States Agency for International Development, the Chief Executive Officer of the United States International Development Finance Corporation, and the Chief Executive Officer of the Millennium Challenge Corporation shall consult with the Committees on Appropriations at least 7 days prior to informing a government of, or publically announcing a decision on, the suspension or early termination of assistance to a country or a territory, including as a result of an interagency review of such assistance, from funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs: * Provided*, That such consultation shall include a detailed justification for such suspension, including a description of the assistance being suspended. ###
(l)Report on Funds Received From Foreign Governments The Secretary of State and the USAID Administrator, as appropriate, shall report to the Committees on Appropriations on a quarterly basis until September 30, 2021, on funds received from foreign governments pursuant to sections 607 and 635(d) of the Foreign Assistance Act of 1961, other than from countries that are North Atlantic Treaty Organization
(NATO)or major non-NATO allies designated pursuant to section 517(b) of such Act: * Provided*, That such report shall include the requirements described under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
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Sec. 7015
notification requirements
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