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penses of the United States Agency for International Devel-
opment’’, ‘‘Operating Expenses of the United States Agency 
for International Development Office of Inspector General’’, 
‘‘Nonproliferation, Anti-terrorism, Demining and Related 
Programs’’, ‘‘Millennium Challenge Corporation’’ (by coun-
try only), ‘‘Foreign Military Financing Program’’, ‘‘Inter-
national Military Education and Training’’, ‘‘Peace 
Corps’’, and ‘‘Migration and Refugee Assistance’’, shall be 
available for obligation for activities, programs, projects, 
type of materiel assistance, countries, or other operations 
not justified or in excess of the amount justified to the Com-
mittees on Appropriations for obligation under any of these 
specific headings unless the Committees on Appropriations 
of both Houses of Congress are previously notified 15 days 
in advance: Provided, That the President shall not enter 
into any commitment of funds appropriated for the pur-
poses of section 23 of the Arms Export Control Act for the 
provision of major defense equipment, other than conven-
tional ammunition, or other major defense items defined 
to be aircraft, ships, missiles, or combat vehicles, not pre-
viously 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 this section shall not 
apply to any reprogramming for an activity, program, or
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project for which funds are appropriated under title II of 
this Act of less than 10 percent of the amount previously 
justified to the Congress for obligation for such activity, 
program, or project for the current fiscal year: Provided 
further, That all reprogrammings of funds appropriated by 
this Act and prior Acts under the headings ‘‘International 
Narcotics Control and Law Enforcement’’ and ‘‘Andean 
Counterdrug Initiative’’ by the Department of State shall 
be subject to the same review and approval procedures by 
the Department of State as apply to the reprogramming 
by the Department of funds appropriated under the heading 
‘‘Economic Support Fund’’: Provided further, That the re-
quirements 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 further, That in case 
of any such waiver, notification to the Congress, or the ap-
propriate congressional committees, 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 necessi-
tating such waiver: Provided further, That any notification
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provided pursuant to such a waiver shall contain an expla-
nation of the emergency circumstances. 
LIMITATION ON AVAILABILITY OF FUNDS FOR 
INTERNATIONAL ORGANIZATIONS AND PROGRAMS 
SEC. 5016. Subject to the regular notification proce-
dures of the Committees on Appropriations, funds appro-
priated under this Act or any previously enacted Act mak-
ing appropriations for foreign operations, export financing, 
and related programs, which are returned or not made 
available for organizations and programs because of the im-
plementation of section 307(a) of the Foreign Assistance Act 
of 1961, shall remain available for obligation until Sep-
tember 30, 2006. 
INDEPENDENT STATES OF THE FORMER SOVIET UNION 
SEC. 5017. (a) None of the funds appropriated under 
the heading ‘‘Assistance for the Independent States of the 
Former Soviet Union’’ shall be made available for assist-
ance for a government of an Independent State of the former 
Soviet Union if that government directs any action in vio-
lation of the territorial integrity or national sovereignty of 
any other Independent State of the former Soviet Union, 
such as those violations included in the Helsinki Final Act: 
Provided, That such funds may be made available without 
regard to the restriction in this subsection if the President 
determines that to do so is in the national security interest 
of the United States.
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(b) None of the funds appropriated under the heading 
‘‘Assistance for the Independent States of the Former Soviet 
Union’’ shall be made available for any state to enhance 
its military capability: Provided, That this restriction does 
not apply to demilitarization, demining or nonproliferation 
programs. 
(c) Funds appropriated under the heading ‘‘Assistance 
for the Independent States of the Former Soviet Union’’ for 
the Russian Federation, Armenia, Georgia, and Ukraine 
shall be subject to the regular notification procedures of the 
Committees on Appropriations. 
(d) Funds made available in this Act for assistance 
for the Independent States of the former Soviet Union shall 
be subject to the provisions of section 117 (relating to envi-
ronment and natural resources) of the Foreign Assistance 
Act of 1961. 
(e) In issuing new task orders, entering into contracts, 
or making grants, with funds appropriated in this Act or 
prior appropriations Acts under the heading ‘‘Assistance 
for the Independent States of the Former Soviet Union’’ and 
under comparable headings in prior appropriations Acts, 
for projects or activities that have as one of their primary 
purposes the fostering of private sector development, the Co-
ordinator for United States Assistance to Europe and Eur-
asia and the implementing agency shall encourage the par-