takes effect, shall notify the Committees on Appro-
priations of the waiver (including the justification 
for the waiver) in accordance with the regular notifi-
cation procedures of the Committees on Appropria-
tions. 
AUTHORIZATION REQUIREMENTS 
SEC. 7022. Funds appropriated by this Act, except 
funds appropriated under the heading ‘‘Trade and Devel-
opment Agency’’, may be obligated and expended notwith-
standing section 10 of Public Law 91–672, section 15 of 
the State Department Basic Authorities Act of 1956, sec-
tion 313 of the Foreign Relations Authorization Act, Fis-
cal Years 1994 and 1995 (Public Law 103–236), and sec-
tion 504(a)(1) of the National Security Act of 1947 (50 
U.S.C. 414(a)(1)). 
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY 
SEC. 7023. For the purpose of titles II through VII 
of this Act ‘‘program, project, and activity’’ shall be de-
fined at the appropriations Act account level and shall in-
clude all appropriations and authorizations Acts funding 
directives, ceilings, and limitations with the exception that 
for the following accounts: ‘‘Economic Support Fund’’ and 
‘‘Foreign Military Financing Program’’, ‘‘program, 
project, and activity’’ shall also be considered to include 
country, regional, and central program level funding with-
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in each such account; and for the development assistance 
accounts of the United States Agency for International 
Development, ‘‘program, project, and activity’’ shall also 
be considered to include central, country, regional, and 
program level funding, either as— 
(1) justified to the Congress; or 
(2) allocated by the executive branch in accord-
ance with a report, to be provided to the Committees 
on Appropriations within 30 days of the enactment 
of this Act, as required by section 653(a) of the For-
eign Assistance Act of 1961. 
AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN 
FOUNDATION AND AFRICAN DEVELOPMENT FOUNDATION 
SEC. 7024. Unless expressly provided to the contrary, 
provisions of this or any other Act, including provisions 
contained in prior Acts authorizing or making appropria-
tions for the Department of State, foreign operations, and 
related programs, shall not be construed to prohibit activi-
ties authorized by or conducted under the Peace Corps 
Act, the Inter-American Foundation Act or the African 
Development Foundation Act: Provided, That prior to con-
ducting activities in a country for which assistance is pro-
hibited, the agency shall consult with the Committees on 
Appropriations and report to such Committees within 15 
days of taking such action. 
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COMMERCE, TRADE AND SURPLUS COMMODITIES 
SEC. 7025. (a) None of the funds appropriated or 
made available pursuant to titles III through VI of this 
Act for direct assistance and none of the funds otherwise 
made available to the Export-Import Bank and the Over-
seas Private Investment Corporation shall be obligated or 
expended to finance any loan, any assistance or any other 
financial commitments for establishing or expanding pro-
duction of any commodity for export by any country other 
than the United States, if the commodity is likely to be 
in surplus on world markets at the time the resulting pro-
ductive capacity is expected to become operative and if the 
assistance will cause substantial injury to United States 
producers of the same, similar, or competing commodity: 
Provided, That such prohibition shall not apply to the Ex-
port-Import Bank if in the judgment of its Board of Direc-
tors the benefits to industry and employment in the 
United States are likely to outweigh the injury to United 
States producers of the same, similar, or competing com-
modity, and the Chairman of the Board so notifies the 
Committees on Appropriations: Provided further, That this 
subsection shall not prohibit— 
(1) activities in a country that is eligible for as-
sistance from the International Development Asso-
ciation, is not eligible for assistance from the Inter-
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national Bank for Reconstruction and Development, 
and does not export on a consistent basis the agri-
cultural commodity with respect to which assistance 
is furnished; or 
(2) activities in a country the President deter-
mines is recovering from widespread conflict, a hu-
manitarian crisis, or a complex emergency. 
(b) None of the funds appropriated by this or any 
other Act to carry out chapter 1 of part I of the Foreign 
Assistance Act of 1961 shall be available for any testing 
or breeding feasibility study, variety improvement or intro-
duction, consultancy, publication, conference, or training 
in connection with the growth or production in a foreign 
country of an agricultural commodity for export which 
would compete with a similar commodity grown or pro-
duced in the United States: Provided, That this subsection 
shall not prohibit— 
(1) activities designed to increase food security 
in developing countries where such activities will not 
have a significant impact on the export of agricul-
tural commodities of the United States; 
(2) research activities intended primarily to 
benefit American producers; 
(3) activities in a country that is eligible for as-
sistance from the International Development Asso-
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ciation, is not eligible for assistance from the Inter-
national Bank for Reconstruction and Development, 
and does not export on a consistent basis the agri-
cultural commodity with respect to which assistance 
is furnished; or 
(4) activities in a country the President deter-
mines is recovering from widespread conflict, a hu-
manitarian crisis, or a complex emergency. 
(c) The Secretary of the Treasury shall instruct the 
United States Executive Directors of the International 
Bank for Reconstruction and Development, the Inter-
national Development Association, the International Fi-
nance Corporation, the Inter-American Development 
Bank, the International Monetary Fund, the Asian Devel-
opment Bank, the Inter-American Investment Corpora-
tion, the North American Development Bank, the Euro-
pean Bank for Reconstruction and Development, the Afri-
can Development Bank, and the African Development 
Fund to use the voice and vote of the United States to 
oppose any assistance by these institutions, using funds 
appropriated or made available pursuant to titles III 
through VI of this Act, for the production or extraction 
of any commodity or mineral for export, if it is in surplus 
on world markets and if the assistance will cause substan-
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tial injury to United States producers of the same, similar, 
or competing commodity. 
SEPARATE ACCOUNTS 
SEC. 7026. (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 
Administrator of the United States Agency for 
International Development (USAID) shall— 
(A) require that local currencies be depos-
ited in a separate account established by that 
government; 
(B) enter into an agreement with that gov-
ernment 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, consistent with this section; and 
(C) establish by agreement with that gov-
ernment the responsibilities of USAID and that 
government to monitor and account for deposits 
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into and disbursements from the separate ac-
count. 
(2) USES OF LOCAL CURRENCIES.—As may be 
agreed upon with the foreign government, local cur-
rencies deposited in a separate account pursuant to 
subsection (a), or an equivalent amount of local cur-
rencies, shall be used only— 
(A) to carry out chapter 1 or 10 of part 
I or chapter 4 of part II of the Foreign Assist-
ance Act of 1961 (as the case may be), for such 
purposes as— 
(i) project and sector assistance activi-
ties; or 
(ii) debt and deficit financing; or 
(B) for the administrative requirements of 
the United States Government. 
(3) PROGRAMMING ACCOUNTABILITY.—USAID 
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 subsection (a)(1) are used 
for the purposes agreed upon pursuant to subsection 
(a)(2). 
(4) 
TERMINATION
OF
ASSISTANCE
PRO-
GRAMS.—Upon termination of assistance to a coun-
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try under chapter 1 or 10 of part I or chapter 4 of 
part II of the Foreign Assistance Act of 1961 (as 
the case may be), any unencumbered balances of 
funds which remain in a separate account estab-
lished pursuant to subsection (a) shall be disposed of 
for such purposes as may be agreed to by the gov-
ernment of that country and the United States Gov-
ernment. 
(5) REPORTING
REQUIREMENT.—The USAID 
Administrator 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 Government as authorized in sub-
section (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 gov-
ernment of a foreign country, under chapter 1 or 10 
of part I or chapter 4 of part II of the Foreign As-
sistance Act of 1961, as cash transfer assistance or 
as nonproject sector assistance, that country shall be 
required to maintain such funds in a separate ac-
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count 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 incon-
sistent with the nature of this assistance including 
provisions which are referenced in the Joint Explan-
atory Statement of the Committee of Conference ac-
companying House Joint Resolution 648 (House Re-
port No. 98–1159). 
(3) NOTIFICATION.—At least 15 days prior to 
obligating any such cash transfer or nonproject sec-
tor assistance, the President shall submit a notifica-
tion through the regular notification procedures of 
the Committees on Appropriations, which shall in-
clude a detailed description of how the funds pro-
posed to be made available will be used, with a dis-
cussion 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 sub-
section (b)(1) only through the regular notification 
procedures of the Committees on Appropriations. 
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ELIGIBILITY FOR ASSISTANCE 
SEC. 7027. (a) ASSISTANCE THROUGH NONGOVERN-
MENTAL ORGANIZATIONS.—Restrictions contained in this 
or any other Act with respect to assistance for a country 
shall not be construed to restrict assistance in support of 
programs of nongovernmental organizations from funds 
appropriated by this Act to carry out the provisions of 
chapters 1, 10, 11, and 12 of part I and chapter 4 of 
part II of the Foreign Assistance Act of 1961: Provided, 
That before using the authority of this subsection to fur-
nish assistance in support of programs of nongovern-
mental organizations, the President shall notify the Com-
mittees on Appropriations under the regular notification 
procedures of those committees, including a description of 
the program to be assisted, the assistance to be provided, 
and the reasons for furnishing such assistance: Provided 
further, That nothing in this subsection shall be construed 
to alter any existing statutory prohibitions against abor-
tion or involuntary sterilizations contained in this or any 
other Act. 
(b) PUBLIC LAW 480.—During fiscal year 2013, re-
strictions contained in this or any other Act with respect 
to assistance for a country shall not be construed to re-
strict assistance under the Agricultural Trade Develop-
ment and Assistance Act of 1954: Provided, That none 
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of the funds appropriated to carry out title I of such Act 
and made available pursuant to this subsection may be 
obligated or expended except as provided through the reg-
ular notification procedures of the Committees on Appro-
priations. 
(c) EXCEPTION.—This section shall not apply— 
(1) with respect to section 620A of the Foreign 
Assistance Act of 1961 or any comparable provision 
of law prohibiting assistance to countries that sup-
port international terrorism; or 
(2) with respect to section 116 of the Foreign 
Assistance Act of 1961 or any comparable provision 
of law prohibiting assistance to the government of a 
country that violates internationally recognized 
human rights. 
IMPACT ON JOBS IN THE UNITED STATES 
SEC. 7028. None of the funds appropriated under ti-
tles III through VI of this Act may be obligated or ex-
pended to provide— 
(1) any financial incentive to a business enter-
prise currently located in the United States for the 
purpose of inducing such an enterprise to relocate 
outside the United States if such incentive or in-
ducement is likely to reduce the number of employ-
ees of such business enterprise in the United States 
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126 
cation and a full accounting of any direct support of 
such government. 
(5) None of the funds appropriated under titles 
III through VI of this Act may be obligated for as-
sistance for the Palestine Liberation Organization. 
LIMITATIONS 
SEC. 7041. (a) None of the funds appropriated under 
the heading ‘‘Economic Support Fund’’ in this Act may 
be made available for assistance for the Palestinian Au-
thority if the Palestinians obtain, after the date of enact-
ment of this Act, the same standing as member states or 
full membership as a state in the United Nations or any 
specialized agency thereof outside an agreement nego-
tiated between Israel and the Palestinians. 
(b)(1) The President may waive the provisions of sec-
tion 1003 of Public Law 100–204 if the President deter-
mines and certifies in writing to the Speaker of the House 
of Representatives, the President pro tempore of the Sen-
ate, and the Committees on Appropriations that the Pal-
estinians have not, after the date of enactment of this Act, 
obtained in the United Nations or any specialized agency 
thereof the same standing as member states or full mem-
bership as a state outside an agreement negotiated be-
tween Israel and the Palestinians. 
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