118 STAT. 2996 PUBLIC LAW 108–447—DEC. 8, 2004 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 operations, export financing, 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 Assistance 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 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: Provided, That such funds may be made available without regard to the restriction in this subsection if the President deter mines that to do so is in the national security interest of the United States. (b) None of the funds appropriated under the heading ‘‘Assist ance 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 22 USC 5814 note. Deadline.
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