H. R. 4818—194
‘‘Economic Support Fund’’ not less than $4,500,000 shall be made
available for programs and activities of the National Endowment
for Democracy to foster democracy, human rights, civic education,
women’s development, press freedom, and the rule of law in coun-
tries in sub-Saharan Africa.
(c) Of the funds made available under subsection (a), not less
than $15,000,000 shall be made available for the Human Rights
and Democracy Fund of the Bureau of Democracy, Human Rights
and Labor, Department of State, to support the activities described
in subsection (a), and of the funds made available under subsection
(b)(1), not less than $11,000,000 shall be made available for such
Fund to support the activities described in subsection (b)(1): Pro-
vided, That up to $1,200,000 may be used for the Reagan/Fascell
Democracy Fellows program: Provided further, That the total
amount of funds made available by this Act under ‘‘Economic Sup-
port Fund’’ for activities of the Bureau of Democracy, Human Rights
and Labor, Department of State, including funds available in this
section, shall be not less than $37,000,000.
(d) Of the funds made available under subsection (a), not less
than $4,000,000 shall be made available for the National Endow-
ment for Democracy to support the activities described in subsection
(a), and of the funds made available under subsection (b)(1), not
less than $4,000,000 shall be made available for the National
Endowment for Democracy to support the activities described in
subsection (b)(1): Provided, That the Secretary of State shall provide
a report to the Committees on Appropriations within 120 days
of the date of enactment of this Act on the status of the allocation
and obligation of such funds.
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES
SEC. 527. (a) Funds appropriated for bilateral assistance under
any heading of this Act and funds appropriated under any such
heading in a provision of law enacted prior to the enactment of
this Act, shall not be made available to any country which the
President determines—
(1) grants sanctuary from prosecution to any individual
or group which has committed an act of international terrorism;
or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection (a)
to a country if the President determines that national security
or humanitarian reasons justify such waiver. The President shall
publish each waiver in the Federal Register and, at least 15 days
before the waiver takes effect, shall notify the Committees on Appro-
priations of the waiver (including the justification for the waiver)
in accordance with the regular notification procedures of the
Committees on Appropriations.
DEBT-FOR-DEVELOPMENT
SEC. 528. In order to enhance the continued participation of
nongovernmental organizations in debt-for-development and debt-
for-nature exchanges, a nongovernmental organization which is a
grantee or contractor of the United States Agency for International
Development may place in interest bearing accounts local currencies
which accrue to that organization as a result of economic assistance
provided under title II of this Act and, subject to the regular
H. R. 4818—195
notification procedures of the Committees on Appropriations, any
interest earned on such investment shall be used for the purpose
for which the assistance was provided to that organization.
SEPARATE ACCOUNTS
SEC. 529. (a) SEPARATE ACCOUNTS FOR LOCAL CURRENCIES.—
(1) If assistance is furnished to the government of a foreign country
under chapters 1 and 10 of part I or chapter 4 of part II of
the Foreign Assistance Act of 1961 under agreements which result
in the generation of local currencies of that country, the Adminis-
trator of the United States Agency for International Development
shall—
(A) require that local currencies be deposited in a separate
account established by that government;
(B) enter into an agreement with that government which
sets forth—
(i) the amount of the local currencies to be generated;
and
(ii) the terms and conditions under which the cur-
rencies so deposited may be utilized, consistent with this
section; and
(C) establish by agreement with that government the
responsibilities of the United States Agency for International
Development and that government to monitor and account for
deposits into and disbursements from the separate account.
(2) USES OF LOCAL CURRENCIES.—As may be agreed upon with
the foreign government, local currencies deposited in a separate
account pursuant to subsection (a), or an equivalent amount of
local currencies, shall be used only—
(A) to carry out chapter 1 or 10 of part I or chapter
4 of part II (as the case may be), for such purposes as—
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) PROGRAMMING ACCOUNTABILITY.—The United States Agency
for International Development shall take all necessary steps to
ensure that the equivalent of the local currencies disbursed pursu-
ant to subsection (a)(2)(A) from the separate account established
pursuant to subsection (a)(1) are used for the purposes agreed
upon pursuant to subsection (a)(2).
(4) TERMINATION OF ASSISTANCE PROGRAMS.—Upon termination
of assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II (as the case may be), any unencumbered
balances of funds which remain in a separate account established
pursuant to subsection (a) shall be disposed of for such purposes
as may be agreed to by the government of that country and the
United States Government.
(5) REPORTING REQUIREMENT.—The Administrator of the United
States Agency for International Development shall report on an
annual basis as part of the justification documents submitted to
the Committees on Appropriations on the use of local currencies
for the administrative requirements of the United States Govern-
ment as authorized in subsection (a)(2)(B), and such report shall
include the amount of local currency (and United States dollar
equivalent) used and/or to be used for such purpose in each
applicable country.
H. R. 4818—196
(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—(1) If assist-
ance is made available to the government of a foreign country,
under chapter 1 or 10 of part I or chapter 4 of part II of the
Foreign Assistance Act of 1961, as cash transfer assistance or
as nonproject sector assistance, that country shall be required to
maintain such funds in a separate account and not commingle
them with any other funds.
(2) APPLICABILITY OF OTHER PROVISIONS OF LAW.—Such funds
may be obligated and expended notwithstanding provisions of law
which are inconsistent with the nature of this assistance including
provisions which are referenced in the Joint Explanatory Statement
of the Committee of Conference accompanying House Joint Resolu-
tion 648 (House Report No. 98–1159).
(3) NOTIFICATION.—At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the President
shall submit a notification through the regular notification proce-
dures of the Committees on Appropriations, which shall include
a detailed description of how the funds proposed to be made avail-
able will be used, with a discussion of the United States interests
that will be served by the assistance (including, as appropriate,
a description of the economic policy reforms that will be promoted
by such assistance).
(4) EXEMPTION.—Nonproject sector assistance funds may be
exempt from the requirements of subsection (b)(1) only through
the notification procedures of the Committees on Appropriations.
ENTERPRISE FUND RESTRICTIONS
SEC. 530. (a) Prior to the distribution of any assets resulting
from any liquidation, dissolution, or winding up of an Enterprise
Fund, in whole or in part, the President shall submit to the Commit-
tees on Appropriations, in accordance with the regular notification
procedures of the Committees on Appropriations, a plan for the
distribution of the assets of the Enterprise Fund.
(b) Funds made available by this Act for Enterprise Funds
shall be expended at the minimum rate necessary to make timely
payment for projects and activities.
BURMA
SEC. 531. (a) The Secretary of the Treasury shall instruct
the United States executive director to each appropriate inter-
national financial institution in which the United States partici-
pates, to oppose and vote against the extension by such institution
of any loan or financial or technical assistance or any other utiliza-
tion of funds of the respective bank to and for Burma.
(b) Of the funds appropriated under the heading ‘‘Economic
Support Fund’’, not less than $8,000,000 shall be made available
to support democracy activities in Burma, along the Burma-Thai-
land border, for activities of Burmese student groups and other
organizations located outside Burma, and for the purpose of sup-
porting the provision of humanitarian assistance to displaced Bur-
mese along Burma’s borders: Provided, That funds made available
under this heading may be made available notwithstanding any
other provision of law: Provided further, That in addition to assist-
ance for Burmese refugees provided under the heading ‘‘Migration
and Refugee Assistance’’ in this Act, not less than $4,000,000 shall