H. R. 2506—31
(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 economic assistance activities
under the Foreign Assistance Act of 1961, including endowments,
debt-for-development and debt-for-nature exchanges, a nongovern-
mental organization which is a grantee or contractor of the United
States Agency for International Development may place in interest
bearing accounts funds made available under this Act or prior
Acts or local currencies which accrue to that organization as a
result of economic assistance provided under title II of this Act
and any interest earned on such investment shall be used for
the purpose for which the assistance was provided to that organiza-
tion.
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
H. R. 2506—32
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.
(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.
COMPENSATION FOR UNITED STATES EXECUTIVE DIRECTORS TO
INTERNATIONAL FINANCIAL INSTITUTIONS
SEC. 530. (a) No funds appropriated by this Act may be made
as payment to any international financial institution while the
United States Executive Director to such institution is compensated
by the institution at a rate which, together with whatever com-
pensation such Director receives from the United States, is in
excess of the rate provided for an individual occupying a position
at level IV of the Executive Schedule under section 5315 of title
5, United States Code, or while any alternate United States Director
to such institution is compensated by the institution at a rate
H. R. 2506—33
in excess of the rate provided for an individual occupying a position
at level V of the Executive Schedule under section 5316 of title
5, United States Code.
(b) For purposes of this section, ‘‘international financial institu-
tions’’ are: the International Bank for Reconstruction and Develop-
ment, the Inter-American Development Bank, the Asian Develop-
ment Bank, the Asian Development Fund, the African Development
Bank, the African Development Fund, the International Monetary
Fund, the North American Development Bank, and the European
Bank for Reconstruction and Development.
COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST IRAQ
SEC. 531. None of the funds appropriated or otherwise made
available pursuant to this Act to carry out the Foreign Assistance
Act of 1961 (including title IV of chapter 2 of part I, relating
to the Overseas Private Investment Corporation) or the Arms
Export Control Act may be used to provide assistance to any country
that is not in compliance with the United Nations Security Council
sanctions against Iraq unless the President determines and so
certifies to the Congress that—
(1) such assistance is in the national interest of the United
States;
(2) such assistance will directly benefit the needy people
in that country; or
(3) the assistance to be provided will be humanitarian
assistance for foreign nationals who have fled Iraq and Kuwait.
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.
IMPACT ON JOBS IN THE UNITED STATES
SEC. 533. None of the funds appropriated by this Act may
be obligated or expended to provide—
(a) 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
(b) assistance for any project or activity that contributes
to the violation of internationally recognized workers rights,
as defined in section 502(a)(4) of the Trade Act of 1974, of
workers in the recipient country, including any designated zone
or area in that country: Provided, That in recognition that
H. R. 2506—34
the application of this subsection should be commensurate with
the level of development of the recipient country and sector,
the provisions of this subsection shall not preclude assistance
for the informal sector in such country, micro and small-scale
enterprise, and smallholder agriculture.
SPECIAL AUTHORITIES
SEC. 534. (a) AFGHANISTAN, LEBANON, MONTENEGRO, VICTIMS
OF WAR, DISPLACED CHILDREN, AND DISPLACED BURMESE.—Funds
appropriated in titles I and II of this Act that are made available
for Afghanistan, Lebanon, Montenegro, and for victims of war,
displaced children, and displaced Burmese, may be made available
notwithstanding any other provision of law: Provided, That any
such funds that are made available for Cambodia shall be subject
to the provisions of section 531(e) of the Foreign Assistance Act
of 1961 and section 906 of the International Security and Develop-
ment Cooperation Act of 1985.
(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 and 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 the Foreign Assistance Act of 1961 may
be made available for personal services contractors assigned only
to the Office of Health and Nutrition; the Office of Procurement;
the Bureau for Africa; the Bureau for Latin America and the Carib-
bean; and the Bureau for Asia and the Near East: 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 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.