Fund’’, ‘‘Global HIV/AIDS Initiative’’, ‘‘Peacekeeping
Operations’’, ‘‘Capital Investment Fund’’, ‘‘Operating Ex-
penses of the United States Agency for International De-
velopment’’, ‘‘Operating Expenses of the United States
Agency for International Development Office of Inspector
General’’, ‘‘Nonproliferation, Anti-terrorism, Demining
and Related Programs’’, ‘‘Millennium Challenge Corpora-
tion’’ (by country only), ‘‘Foreign Military Financing Pro-
gram’’, ‘‘International 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 justi-
fied to the Committees on Appropriations for obligation
under any of these specific headings unless the Commit-
tees 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 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
appropriated under title II of this Act of less than 10 per-
cent of the amount previously justified to the Congress
for obligation for such activity, program, or project for the
current fiscal year: Provided further, That the require-
ments of this section or any similar provision of this Act
or any other Act, including any prior Act requiring notifi-
cation in accordance with the regular notification proce-
dures 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 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 neces-
sitating such waiver: Provided further, That any notifica-
tion provided pursuant to such a waiver shall contain an
explanation of the emergency circumstances.
LIMITATION ON AVAILABILITY OF FUNDS FOR
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
SEC. 516. 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 financ-
ing, and related programs, which are returned or not made
available for organizations and programs because of the
implementation of section 307(a) of the Foreign Assist-
ance Act of 1961, shall remain available for obligation
until September 30, 2006.
INDEPENDENT STATES OF THE FORMER SOVIET UNION
SEC. 517. (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—
(1) unless that government is making progress
in implementing comprehensive economic reforms
based on market principles, private ownership, re-
spect for commercial contracts, and equitable treat-
ment of foreign private investment; and
(2) if that government applies or transfers
United States assistance to any entity for the pur-
pose of expropriating or seizing ownership or control
of assets, investments, or ventures.
Assistance may be furnished without regard to this sub-
section if the President determines that to do so is in the
national interest.
(b) None of the funds appropriated under the heading
‘‘Assistance for the Independent States of the Former So-
viet Union’’ shall be made available for assistance for a
government of an Independent State of the former Soviet
Union if that government directs any action in violation
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: Pro-
vided, That such funds may be made available without re-
gard to the restriction in this subsection if the President
determines that to do so is in the national security interest
of the United States.
(c) None of the funds appropriated under the heading
‘‘Assistance for the Independent States of the Former So-
viet Union’’ shall be made available for any state to en-
hance its military capability: Provided, That this restric-
tion does not apply to demilitarization, demining or non-
proliferation programs.
(d) Funds appropriated under the heading ‘‘Assist-
ance 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.
(e) 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 environment and natural resources) of the Foreign As-
sistance Act of 1961.
(f) In issuing new task orders, entering into con-
tracts, or making grants, with funds appropriated in this
Act or prior appropriations Acts under the heading ‘‘As-
sistance for the Independent States of the Former Soviet
Union’’ and under comparable headings in prior appro-
priations Acts, for projects or activities that have as one
of their primary purposes the fostering of private sector
development, the Coordinator for United States Assistance
to Europe and Eurasia and the implementing agency shall
encourage the participation of and give significant weight
to contractors and grantees who propose investing a sig-
nificant amount of their own resources (including volun-
teer services and in-kind contributions) in such projects
and activities.
PROHIBITION ON FUNDING FOR ABORTIONS AND
INVOLUNTARY STERILIZATION
SEC. 518. 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 performance of abor-
tions 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 Assist-
ance Act of 1961, as amended, may be used to pay for