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for obligation under any of these specific headings unless
the Committees on Appropriations of both Houses of Con-
gress are previously notified 15 days in advance: 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 this section shall not apply to any reprogramming
for an activity, program, or project for which funds are ap-
propriated under title III of this Act of less than 10 percent
of the amount previously justified to the Congress for obliga-
tion for such activity, program, or project for the current
fiscal year: Provided further, That the requirements of this
section or any similar provision of this Act or any other
Act, including any prior Act requiring notification in ac-
cordance 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 appropriate congres-
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sional 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 necessitating such waiver:
Provided further, That any notification provided pursuant
to such a waiver shall contain an explanation of the emer-
gency circumstances.
LIMITATION ON AVAILABILITY OF FUNDS FOR
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
SEC. 6016. 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, 2007.
INDEPENDENT STATES OF THE FORMER SOVIET UNION
SEC. 6017. (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,
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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.
(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
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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-
ticipation of and give significant weight to contractors and
grantees who propose investing a significant amount of
their own resources (including volunteer services and in-
kind contributions) in such projects and activities.
PROHIBITION ON FUNDING FOR ABORTIONS AND
INVOLUNTARY STERILIZATION
SEC. 6018. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as amend-
ed, may be used to pay for the performance of abortions
as a method of family planning or to motivate or coerce
any person to practice abortions. None of the funds made
available to carry out part I of the Foreign Assistance Act
of 1961, as amended, may be used to pay for the perform-
ance of involuntary sterilization as a method of family
planning or to coerce or provide any financial incentive
to any person to undergo sterilizations. None of the funds
made available to carry out part I of the Foreign Assistance
Act of 1961, as amended, may be used to pay for any bio-
medical research which relates in whole or in part, to meth-
ods of, or the performance of, abortions or involuntary steri-
lization as a means of family planning. None of the funds
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made available to carry out part I of the Foreign Assistance
Act of 1961, as amended, may be obligated or expended for
any country or organization if the President certifies that
the use of these funds by any such country or organization
would violate any of the above provisions related to abor-
tions and involuntary sterilizations.
EXPORT FINANCING TRANSFER AUTHORITIES
SEC. 6019. Not to exceed 5 percent of any appropria-
tion other than for administrative expenses made available
for fiscal year 2006, for programs under title II of this Act
may be transferred between such appropriations for use for
any of the purposes, programs, and activities for which the
funds in such receiving account may be used, but no such
appropriation, except as otherwise specifically provided,
shall be increased by more than 25 percent by any such
transfer: Provided, That the exercise of such authority shall
be subject to the regular notification procedures of the Com-
mittees on Appropriations.
SPECIAL NOTIFICATION REQUIREMENTS
SEC. 6020. None of the funds appropriated by this Act
shall be obligated or expended for assistance for Liberia,
Serbia, Sudan, Zimbabwe, Pakistan, or Cambodia except
as provided through the regular notification procedures of
the Committees on Appropriations.
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DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
SEC. 6021. For the purpose of titles II through V of
this Act ‘‘program, project, and activity’’ shall be defined
at the appropriations Act account level and shall include
all appropriations and authorizations Acts earmarks, ceil-
ings, and limitations with the exception that for the fol-
lowing accounts: Economic Support Fund and Foreign
Military Financing Program ‘‘program, project, and activ-
ity’’ shall also be considered to include country, regional,
and central program level funding within each such ac-
count; for the development assistance accounts of the United
States Agency for International Development ‘‘program,
project, and activity’’ shall also be considered to include
central, country, regional, and program level funding, ei-
ther as: (1) justified to the Congress; or (2) allocated by
the executive branch in accordance with a report, to be pro-
vided to the Committees on Appropriations within 30 days
of the enactment of this Act, as required by section 653(a)
of the Foreign Assistance Act of 1961.
CHILD SURVIVAL AND HEALTH ACTIVITIES
SEC. 6022. Up to $13,500,000 of the funds made avail-
able by this Act for assistance under the heading ‘‘Child
Survival and Health Programs Fund’’, may be used to re-
imburse United States Government agencies, agencies of
State governments, institutions of higher learning, and pri-
vate and voluntary organizations for the full cost of indi-