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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 subsection shall 
not apply to any reprogramming for an activity, program, 
or project for which funds are appropriated under titles III 
or IV of this Act of less than 10 percent of the amount pre-
viously justified to the Congress for obligation for such ac-
tivity, program, or project for the current fiscal year. 
(d) 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 Appropria-
tions, may be waived if failure to do so would pose a sub-
stantial risk to human health or welfare: Provided, That 
in case of any such waiver, notification to the Congress, 
or the appropriate congressional committees, shall be pro-
vided 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 cir-
cumstances necessitating such waiver: Provided further,
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That any notification provided pursuant to such a waiver 
shall contain an explanation of the emergency cir-
cumstances. 
LIMITATION ON AVAILABILITY OF FUNDS FOR 
INTERNATIONAL ORGANIZATIONS AND PROGRAMS 
SEC. 616. 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, 2009: Provided, That section 307(a) of the For-
eign Assistance Act of 1961 is amended by striking 
‘‘Libya,’’. 
INDEPENDENT STATES OF THE FORMER SOVIET UNION 
SEC. 617. (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
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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, Kazakhstan, and 
Uzbekistan shall be subject to the regular notification proce-
dures of the Committees on Appropriations. 
(d)(1) Of the funds appropriated under this heading 
that are allocated for assistance for the Government of the 
Russian Federation, 60 percent shall be withheld from obli-
gation until the President determines and certifies in writ-
ing to the Committees on Appropriations that the Govern-
ment of the Russian Federation— 
(A) has terminated implementation of arrange-
ments to provide Iran with technical expertise, train-
ing, technology, or equipment necessary to develop a 
nuclear reactor, related nuclear research facilities or 
programs, or ballistic missile capability; and
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(B) is providing full access to international non- 
government organizations providing humanitarian 
relief to refugees and internally displaced persons in 
Chechnya. 
(2) Paragraph (1) shall not apply to— 
(A) assistance to combat infectious diseases, child 
survival activities, or assistance for victims of traf-
ficking in persons; and 
(B) activities authorized under title V (Non-
proliferation and Disarmament Programs and Activi-
ties) of the FREEDOM Support Act. 
(e) Section 907 of the FREEDOM Support Act shall 
not apply to— 
(1) activities to support democracy or assistance 
under title V of the FREEDOM Support Act and sec-
tion 1424 of Public Law 104–201 or non-proliferation 
assistance; 
(2) any assistance provided by the Trade and 
Development Agency under section 661 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2421); 
(3) any activity carried out by a member of the 
United States and Foreign Commercial Service while 
acting within his or her official capacity; 
(4) any insurance, reinsurance, guarantee or 
other assistance provided by the Overseas Private In-
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vestment Corporation under title IV of chapter 2 of 
part I of the Foreign Assistance Act of 1961 (22 
U.S.C. 2191 et seq.); 
(5) any financing provided under the Export- 
Import Bank Act of 1945; or 
(6) humanitarian assistance. 
PROHIBITION ON FUNDING FOR ABORTIONS AND 
INVOLUNTARY STERILIZATION 
SEC. 618. 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 
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
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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. 619. Not to exceed 5 percent of any appropriation 
other than for administrative expenses made available for 
fiscal year 2008, 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. 620. None of the funds appropriated by this Act 
shall be obligated or expended for assistance for Serbia, 
Sudan, Zimbabwe, Pakistan, Cuba, the Dominican Repub-
lic, Iran, Haiti, Mexico or Cambodia except as provided 
through the regular notification procedures of the Commit-
tees on Appropriations. 
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY 
SEC. 621. 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 ap-