118 STAT. 172 PUBLIC LAW 108–199—JAN. 23, 2004 NOTIFICATION REQUIREMENTS SEC. 515. For the purposes of providing the executive branch with the necessary administrative flexibility, none of the funds made available under this Act for ‘‘Child Survival and Health Programs Fund’’, ‘‘Development Assistance’’, ‘‘International Organizations and Programs’’, ‘‘Trade and Development Agency’’, ‘‘International Narcotics Control and Law Enforcement’’, ‘‘Andean Counterdrug Initiative’’, ‘‘Assistance for Eastern Europe and the Baltic States’’, ‘‘Assistance for the Independent States of the Former Soviet Union’’, ‘‘Economic Support Fund’’, ‘‘Global HIV/AIDS Initia tive’’, ‘‘Peacekeeping Operations’’, ‘‘Capital Investment Fund’’, ‘‘Operating Expenses of the United States Agency for International Development’’, ‘‘Operating Expenses of the United States Agency for International Development Office of Inspector General’’, ‘‘Non proliferation, Anti terrorism, Demining and Related Programs’’, ‘‘Millennium Challenge Corporation’’ (by country only), ‘‘Foreign Military Financing Program’’, ‘‘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 justi fied or in excess of the amount justified to the Committees on Appropriations 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 appro priated for the purposes 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 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 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 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 Appropriations, may be waived if failure to do so would pose a substantial risk to human health or welfare: Pro vided 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 necessitating such waiver: Provided further, That any notification provided pursu ant 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 procedures of the Committees on Appropriations, funds appropriated under this Act or any previously enacted Act making appropriations for foreign
�
