Page:United States Statutes at Large Volume 123.djvu/887

 123STA T .867PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9fundsma d e a v a il a b lef orp ro g rams au th ori z edb y se c tion 1206 of the N ational D efense A uthorization Act for F iscal Y ear 2006 (P ublic L a w 10 9– 16 3), shall be sub j ect to the regular notification procedures of the C ommittees on Appropriations, and the agency receiving the transfer or allocation shall perform periodic program financial audits of the use of such funds and such funds may be made available for the cost of such audits . (e) T he re q uirements 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
 * Provide

d, 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 conte x t of the circumstances necessitating such waiver: Provided fu r th er, That any notification provided pursu - ant to such a waiver shall contain an explanation of the emergency circumstances. (f) None of the funds appropriated under titles I II through V I of this Act shall be obligated or expended for assistance for S erbia, Sudan, Z imbabwe, Pakistan, Dominican R epublic, Cuba, Iran, H aiti, Libya, E thiopia, Nepal, M exico, or Cambodia and coun- tries listed in section 7 0 45 (f)(4) of this Act except as provided through the regular notification procedures of the Committees on Appropriations. 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 Act of 1961, the Department of Defense shall notify the Committees on Appropriations to the same extent and under the same conditions as other committees pursuant to subsection (f) of that section: Provided , That before issuing a letter of offer to sell excess defense articles under the Arms Export Control Act, the Department of Defense shall notify the Committees on Appropriations in accord- ance with the regular notification procedures of such Committees if such defense articles are significant military equipment (as defined in section 47(9) of the Arms Export Control Act) or are valued (in terms of original acquisition cost) at $ 7,000,000 or more, or if notification is required elsewhere in this Act for the use of appropriated funds for specific countries that would receive such excess defense articles: Provided further, That such Committees shall also be informed of the original acquisition cost of such defense articles. L IMITATION ON A V AILA B ILIT Y OF FUNDS FO R INTERNATIONAL OR G ANI Z ATIONS AND PROGRAMS SEC. 7017. Subject to the regular notification procedures of the Committees on Appropriations, funds appropriated under titles III through VI of this Act or any previously enacted Act making appropriations for the Department of State, foreign operations, and related programs, which are returned or not made available for Notif i ca tio n.F o re i g n co u ntrie s . Expl anation. W ai v er aut h orit y .