(B) enter into an agreement with that govern-
ment which sets forth—
(i) the amount of the local currencies to be
generated; and
(ii) the terms and conditions under which
the currencies so deposited may be utilized, con-
sistent with this section; and
(C) establish by agreement with that govern-
ment the responsibilities of the United States Agen-
cy for International Development and that govern-
ment 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 depos-
ited 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 pursuant to subsection (a)(2)(A)
from the separate account established pursuant to sub-
section (a)(1) are used for the purposes agreed upon pur-
suant 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 re-
main in a separate account established pursuant to sub-
section (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 Develop-
ment shall report on an annual basis as part of the jus-
tification documents submitted to the Committees on Ap-
propriations on the use of local currencies for the adminis-
trative requirements of the United States Government 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 assistance is made available to the government of
a foreign country, under chapter 1 or 10 of part I or chap-
ter 4 of part II of the Foreign Assistance Act of 1961,
as cash transfer assistance or as nonproject sector assist-
ance, 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 not-
withstanding 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 Res-
olution 648 (House Report No. 98–1159).
(3) NOTIFICATION.—At least 15 days prior to obli-
gating any such cash transfer or nonproject sector assist-
ance, the President shall submit a notification through the
regular notification procedures of the Committees on Ap-
propriations, which shall include a detailed description of
how the funds proposed to be made available 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 pro-
moted 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 Commit-
tees 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 Committees on Appropriations, in ac-
cordance 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.
SUDAN
SEC. 531. (a) Of the funds appropriated by title II
of this Act, not less than $311,000,000 should be made
available for assistance for Sudan.
(b) Subject to section (c):
(1) Notwithstanding section 501(a) of the
International Malaria Control Act of 2000 (Public
Law 106–570) or any other provision of law, none
of the funds appropriated by this Act may be made
available for assistance for the Government of
Sudan.
(2) None of the funds appropriated by this Act
may be made available for the cost, as defined in
section 502, of the Congressional Budget Act of
1974, of modifying loans and loan guarantees held
by the Government of Sudan, including the cost of
selling, reducing, or canceling amounts owed to the
United States, and modifying concessional loans,
guarantees, and credit agreements.
(c) Subsection (b) shall not apply if the Secretary of
State determines and certifies to the Committees on Ap-
propriations that—
(1) the Government of Sudan has disarmed and
disbanded government-supported militia groups in
the Darfur region;
(2) the Government of Sudan and all govern-
ment-supported militia groups are honoring their
commitments made in the cease-fire agreement of
April 8, 2004; and
(3) the Government of Sudan is allowing full
and unconditional access to Darfur to humanitarian
aid organizations, the human rights investigation
and humanitarian teams of the United Nations, in-
cluding protection officers, and an international
monitoring team that is based in Darfur and that
has the support of the United States.