123STA T . 33 50PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9Prog r am’ ’ ,‘ ‘ Inte rnat i ona lM ilitar yEduc ation and T raining’’, ‘‘Peace C or ps ’’, ‘‘Comple x Crises F und’’, and ‘‘Migration and R e f ugee A ssist - ance’’, s h all b ea v ailable for obligation for activities, programs, pro j ects, type of materiel assistance, countries, or other operations not justified 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 are previously notified 15 days in advance
- Provide
d, 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 e q uipment, other than conventional ammunition, or other major defense items defined to be aircraft, ships, missiles, or combat vehicles, not previously justified to Congress or 2 0 percent in excess of the quantities justified to Congress unless the Commit- tees on Appropriations are notified 15 days in advance of such commitment: Provided fu r th er, That requirements of this subsection or any similar provision of any other Act shall not apply to any reprogramming for an activity, program, or project for w hich funds are appropriated under titles II through I V 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 .( d )N otwithstanding any other provision of law, with the excep- tion of funds transferred to, and merged with, funds appropriated under title I of this Act, funds transferred by the D epartment of Defense to the Department of S tate and the U nited States Agency for International Development for assistance for foreign countries and international organi z ations, and funds made available for programs authorized by section 120 6 of the National Defense Authorization Act for Fiscal Y ear 2006 (Public L aw 10 9– 163), shall be subject to the regular notification procedures of the Committees on Appropriations. (e) 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 ris k to human health or welfare: Provided, That in case of any such waiver, notification to the Committees on Appropriations shall be provided as early as prac- ticable, but in no event later than 3 days after taking the action to which such notification requirement was applicable, in the con- text of the circumstances necessitating such waiver: Provided fur - ther, That any notification provided pursuant to such a waiver shall contain an explanation of the emergency circumstances. (f) None of the funds appropriated under titles III through VI of this Act shall be obligated or expended for assistance for Serbia, Sudan, Z imbabwe, Pakistan, Dominican Republic, Cuba, Iran, H aiti, Libya, Ethiopia, Nepal, Colombia, Mexico, K azakhstan, Somalia, Sri Lanka, or Cambodia and countries listed in section 7 0 4 5(c)(2) and (f)(2) of this Act except as provided through the regular notification procedures of the Committees on Appropria- tions. NOTIF I CA TION ON EX CE S S D EFENSE E QU I PM ENT SEC. 7016. Prior to providing excess Department of Defense articles in accordance with section 516(a) of the Foreign Assistance Foreignc o u n t rie s.Expla nation. D ea d line. W ai v er aut h orit y . P resident.
