H. R. 2673—177
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.
(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. 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 Committees
on Appropriations, in accordance with the regular notification proce-
dures of the Committees on Appropriations, a plan for the distribu-
tion of the assets of the Enterprise Fund.
H. R. 2673—178
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 $13,000,000 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 of this amount
$500,000 should be made available to support newspapers, publica-
tions, and other media activities promoting democracy inside
Burma: Provided further, That funds made available under this
heading may be made available notwithstanding any other provision
of law: Provided further, That $5,000,000 shall be allocated to
the United States Agency for International Development for
humanitarian assistance for displaced Burmese and host commu-
nities in Thailand: Provided further, That not more than 60 days
after enactment of this Act, the Secretary of State, in consultation
with the Administrator of the United States Agency for Inter-
national Development, shall submit a report to the Committees
on Appropriations describing the amount and rate of disbursement
of fiscal years 2002 and 2003 funding for HIV/AIDS programs
and activities in Burma, the estimated amount of funds expended
by the State Peace and Development Council (SPDC) on HIV/
AIDS programs and activities in calendar years 2001, 2002, and
2003, and the extent to which international nongovernmental
organizations are able to conduct HIV/AIDS programs throughout
Burma, including the ability of expatriate staff to freely travel
through the country and to conduct programmatic oversight inde-
pendent of SPDC handling and monitoring: Provided further, That
funds made available by this section shall be subject to the regular
notification procedures of the Committees on Appropriations.
(c) It is the sense of the Congress that the United Nations
Security Council should debate and consider sanctions against
Burma as a result of the threat to regional stability and peace
posed by the repressive and illegitimate rule of the State Peace
and Development Council.
AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION
AND AFRICAN DEVELOPMENT FOUNDATION
SEC. 532. Unless expressly provided to the contrary, provisions
of this or any other Act, including provisions contained in prior
Acts authorizing or making appropriations for foreign operations,
export financing, and related programs, shall not be construed
to prohibit activities authorized by or conducted under the Peace
Corps Act, the Inter-American Foundation Act or the African
Development Foundation Act. The agency shall promptly report
to the Committees on Appropriations whenever it is conducting
activities or is proposing to conduct activities in a country for
which assistance is prohibited.
H. R. 2673—179
IMPACT ON JOBS IN THE UNITED STATES
SEC. 533. None of the funds appropriated by this Act may
be obligated or expended to provide—
(1) any financial incentive to a business enterprise cur-
rently located in the United States for the purpose of inducing
such an enterprise to relocate outside the United States if
such incentive or inducement is likely to reduce the number
of employees of such business enterprise in the United States
because United States production is being replaced by such
enterprise outside the United States; or
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
workers rights, as defined in section 507(4) of the Trade Act
of 1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That the
application of section 507(4)(D) and (E) of such Act should
be commensurate with the level of development of the recipient
country and sector, and shall not preclude assistance for the
informal sector in such country, micro and small-scale enter-
prise, and smallholder agriculture.
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 assist-
ance for Afghanistan may be made available notwithstanding sec-
tion 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 per-
sons 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 provi-
sions 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 pro-
grams 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: Pro-
vided, That not more than 10 of such contractors shall be assigned
to any bureau or office: Provided further, That such funds appro-
priated to carry out title II of the Agricultural Trade Development
H. R. 2673—180
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 Representa-
tives and the President pro tempore of the Senate that it is impor-
tant 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 indefi-
nite-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) SHIPMENT
OF HUMANITARIAN ASSISTANCE.—During fiscal
year 2004 and each fiscal year thereafter, of the amounts made
available by the United States Agency for International Develop-
ment to carry out the provisions of section 123(b) of the Foreign
Assistance Act of 1961, funds may be made available to nongovern-
mental organizations for administrative costs necessary to imple-
ment a program to obtain available donated space on commercial
ships for the shipment of humanitarian assistance overseas.
(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 insta-
bility.
(h) NATIONAL ENDOWMENT
FOR DEMOCRACY.—Funds appro-
priated by this Act that are provided to the National Endowment
for Democracy may be provided notwithstanding any other provision
of law or regulation.
(i) 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, notwith-
standing any other provision of law.
(j) SUDAN.—For the purposes of section 501 of Public Law
106–570, the terms ‘‘areas outside of control of the Government
of Sudan’’ and ‘‘area in Sudan outside of control of the Government
of Sudan’’ shall, upon conclusion of a peace agreement between
the Government of Sudan and the Sudan People’s Liberation Move-
ment, have the same meaning and application as was the case
immediately prior to the conclusion of such agreement.
(k) PROGRAMS.—Of the funds appropriated under ‘‘Economic
Support Fund’’ for Middle East regional programs, up to $5,000,000
may be made available for programs and activities of the Yitzhak
Rabin Center for Israel Studies in Tel Aviv, Israel, and up to
$5,000,000 may be made available for programs and activities of
the Center for Human Dignity Museum of Tolerance in Jerusalem.