NOTE.-Notification Requirements. The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 (division D of Public Law 108-447; 118 Stat. 2809), provided the following:

"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 Initiative', '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', 'Nonproliferation, 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 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 of both Houses of Congress are previously notified 15 days in advance: Provided, 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 equipment, other than conventional 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: Provided 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 pursuant to such a waiver shall contain an explanation of the emergency circumstances.".

NOTE.-The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 (division D of Public Law 108-447; 118 Stat. 2809), provided the following:

"SPECIAL AUTHORITIES

"SEC. 534. (a) AFGHANISTAN, PAKISTAN, LEBANON, MONTENEGRO, VICTIMS OF WAR, DISPLACED CHILDREN, AND DISPLACED BURMESE.-Funds appropriated by this Act that are made available for assistance for Afghanistan may be made available notwithstanding section 512 of this Act or any similar provision of law and section 660 of the Foreign Assistance Act of 1961, and funds appropriated in titles I and II of this Act that are made available for Lebanon, Montenegro, Pakistan, and for victims of war, displaced children, and displaced Burmese, and to assist victims of trafficking in persons and, subject to the regular notification procedures of the Committees on Appropriations, to combat such trafficking, may be made available notwithstanding any other provision of law.

"(b) TROPICAL FORESTRY AND BIODIVERSITY CONSERVATION ACTIVITIES.-Funds appropriated by this Act to carry out the provisions of sections 103 through 106, and chapter 4 of part II, of the Foreign Assistance Act of 1961 may be used, notwithstanding any other provision of law, for the purpose of supporting tropical forestry and biodiversity conservation activities and energy programs aimed at reducing greenhouse gas emissions: Provided, That such assistance shall be subject to sections 116, 502B, and 620A of the Foreign Assistance Act of 1961.

"(c) PERSONAL SERVICES CONTRACTORS.-Funds appropriated by this Act to carry out chapter 1 of part I, chapter 4 of part II, and section 667 of the Foreign Assistance Act of 1961, and title II of the Agricultural Trade Development and Assistance Act of 1954, may be used by the United States Agency for International Development to employ up to 25 personal services contractors in the United States, notwithstanding any other provision of law, for the purpose of providing direct, interim support for new or expanded overseas programs and activities managed by the agency until permanent direct hire personnel are hired and trained: Provided, That not more than 10 of such contractors shall be assigned to any bureau or office: Provided further, That such funds appropriated to carry out title II of the Agricultural Trade Development and Assistance Act of 1954, may be made available only for personal services contractors assigned to the Office of Food for Peace.

“(d)(1) WAIVER.-The President may waive the provisions of section 1003 of Public Law 100-204 if the President determines and certifies in writing to the Speaker of the House of Representatives and the President pro tempore of the Senate that it is important to the national security interests of the United States.

"(2) PERIOD OF APPLICATION OF WAIVER.-Any waiver pursuant to paragraph (1) shall be effective for no more than a period of 6 months at a time and shall not apply beyond 12 months after the enactment of this Act.

"(e) SMALL BUSINESS.-In entering into multiple award indefinite-quantity contracts with funds appropriated_by this Act, the United States Agency for International Development may provide an exception to the fair opportunity process for placing task orders under such contracts when the order is placed with any category of small or small disadvantaged business.

"(f) CONTINGENCIES.-During fiscal year 2005, the President may use up to $45,000,000 under the authority of section 451 of the Foreign Assistance Act of 1961, notwithstanding the funding ceiling in section 451(a).

"(g) RECONSTITUTING CIVILIAN POLICE AUTHORITY.-In providing assistance with funds appropriated by this Act under section 660(b)(6) of the Foreign Assistance Act of 1961, support for a nation emerging from instability may be deemed to mean support for regional, district, municipal, or other sub-national entity emerging from instability, as well as a nation emerging from instability.

"(h) WORLD FOOD PROGRAM.-Of the funds managed by the Bureau for Democracy, Conflict, and Humanitarian Assistance of the United States Agency for International Development, from this or any other Act, not less than $6,000,000 shall be made available as a general contribution to the World Food Program, notwithstanding any other provision of law.

"(i) NATIONAL ENDOWMENT FOR DEMOCRACY.-Funds appropriated by this Act that are provided to the National Endowment for Democracy may be provided notwithstanding any other provision of law or regulation. "(j) *** [amends other legislation]

“(k) *** [amends other legislation]

“(1) UNIVERSITY PROGRAMS.-Notwithstanding any other provision of law, funds made available in this Act under the heading 'Development Assistance' may be made available to American educational institutions for programs and activities in the People's Republic of China relating to the environment, democracy, and the rule of law: Provided, That funds made available pursuant to this authority shall be subject to the regular notification procedures of the Committees on Appropriations.

"(m) *** [amends other legislation]

"(n)

*** [amends other legislation]

"(0) ENDOWMENTS.—

oi2 "(1) Of the funds appropriated by this Act and prior Acts making appropriations for foreign operations, export financing, and related programs, that are available for assistance for Cambodia, the following amounts should be made available as follows:

oi3 "(A) $2,000,000 for an endowment for a Cambodian nongovernmental organization to document genocide and crimes against humanity in Cambodia; and

oi3 "(B) $3,750,000 for an endowment for an American nongovernmental organization to sustain rehabilitation programs in Cambodia for persons suffering from physical disabilities.

oi2 “(2) Such organizations may place amounts made available under this subsection in interest bearing accounts and any interest earned on such investment shall be used for the purpose for which funds were made available under this subsection.

"(p) ** [amends other legislation] "(q) *** [amends other legislation]

NOTE.-The Federal Reports Elimination and Sunset Act of 1995 (Public Law 104-66; 109 Stat. 707), as amended, modified or eliminated numerous reporting requirements in law. Sec. 3003(a) of that Act provided that, subject to certain restrictions, "each provision of law requiring the submittal to Congress (or any committee of the Congress) of any annual, semiannual, or other regular periodic report specified on the list [prepared by the Clerk of the House of Representatives for the first session of the 103rd Congress, House Document No. 103-7] * * * shall cease to be effective, with respect to that requirement, May 15, 2000.".

Sec. 3003(d) of that Act, however, exempted certain sections of law from the application of subsec. (a). Among those exempted were several reports required by the Foreign Assistance Act of 1961 in secs. 116, 240A, 306, 489, 502B, and 634. Among those exempted were several reports required by the Arms Export Control Act in secs. 25, 28, and 36. Among those exempted was sec. 502 of the International Security and Development Cooperation Act of 1985. See sec. 3003(a) of Public Law 104-66 for a complete list of exempted sections of law.

Sec. 209(e) of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536), continued the requirement of several reports to which Public Law 104-66 would otherwise have applied, including those required in secs. 118(f), 239(c), and 620C(c) of the Foreign Assistance Act of 1961; sec. 1205 of the International Security and Development Cooperation Act of 1985; secs. 533(b) and 586J(c)(4) of the Foreign Assistance Appropriations Act, 1991. For a complete list of sections of law exempted from the application of sec. 3003(a) of Public Law 104-66 by the Nance/Donovan Act, see sec. 209(e) of Public Law 106-113.

Sec. 103.12 Agriculture, Rural Development, and Nutrition.-(a)(1) In recognition of the fact that the great majority of the people of developing countries live in rural areas and are dependent on agriculture and agricultural-related pursuits for their livelihood, the President is authorized to furnish assistance, on

1222 U.S.C. 2151a. Sec. 103, as added by sec. 2(3) of the FA Act of 1973 (87 Stat. 715), was amended and restated by sec. 103(a) of the International Development and Food Assistance Act of 1978 (92 Stat. 943). Previous amendments to sec. 103 were made by sec. 2 of Public Law 93-559 (88 Stat. 1795), sec. 302 of Public Law 94-161 (89 Stat. 856), and by sec. 102 of Public Law 95-88 (91 Stat. 534).