Congressional notification for obligation of retained consular fees

(a) In general Subject to section 235, the Secretary shall notify the appropriate congressional committees upon the obligation of any amounts derived from consular fees retained by the Department pursuant to the authority provided by this Act, if such obligation is with respect to a program, project, or activity that is not a consular function. (b) Elements The notification required by subsection (a) shall include at a minimum the following: (1) The amount being obligated. (2) A description of the programming for which such funds are obligated. (3) The country, region, or locality where such funds will be expended. (4) The fiscal year in which the retained fees being used were collected. (5) A justification for the use of such retained fees, as opposed to appropriated funds, for the programming described pursuant to paragraph (2). (c) Deadline; delay (1) Deadline Except as provided in paragraph (2), a notification required by subsection (a) shall be submitted not later than 15 days before the date on which the applicable funds will be obligated. (2) Delay (A) In general If the Secretary determines that submitting a prior notification in accordance with subsection (a) would pose a substantial risk to human health, welfare, or national security, the Secretary may delay the submission of such notification. (B) Additional requirement In the case of a delay under this paragraph, a notification to the appropriate congressional committees that meets the requirements of subsection (b) shall be provided as soon as practicable, but not later than three days after taking the action to which the notification requirement was applicable, and shall additionally contain an explanation of the circumstances necessitating the delay. (d) Definitions In this section— (1) the term appropriate congressional committees means— (A) the Committee on Foreign Affairs and the Committee on Appropriations in the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations in the Senate; and (2) the term consular function means any activity, program, service, or resource that is directly operated and overseen by the Assistant Secretary for Consular Affairs or any office under jurisdiction of the Assistant Secretary.