H. R. 2673—201
‘‘SEC. 1504. ADMINISTRATIVE PROVISIONS.
‘‘(a) ACHIEVEMENT OF CERTAIN POLICY GOALS.—The Secretary
of the Treasury should instruct the United States Executive Director
at each multilateral development institution to inform the institu-
tion of the following United States policy goals, and use the voice
and vote of the United States to achieve the goals at the institution
before June 30, 2005:
‘‘(1) No later than 60 calendar days after the Board of
Directors of the institution approves the minutes of a Board
meeting, the institution shall post on its website an electronic
version of the minutes, with material deemed too sensitive
for public distribution redacted.
‘‘(2) The institution shall keep a written transcript or elec-
tronic recording of each meeting of its Board of Directors and
preserve the transcript or recording for at least 10 years after
the meeting.
‘‘(3) All public sector loan, credit and grant documents,
country assistance strategies, sector strategies, and sector poli-
cies prepared by the institution and presented for endorsement
or approval by its Board of Directors, with materials deemed
too sensitive for public distribution redacted or withheld, shall
be made available to the public 15 calendar days before consid-
eration by the Board or, if not then available, when the docu-
ments are distributed to the Board. Such documents shall
include the resources and conditionality necessary to ensure
that the borrower complies with applicable laws in carrying
out the terms and conditions of such documents, strategies,
or policies, including laws pertaining to the integrity and trans-
parency of the process such as public consultation, and to
public health and safety and environmental protection.
‘‘(4) The institution shall post on its website an annual
report containing statistical summaries and case studies of
the fraud and corruption cases pursued by its investigations
unit.
‘‘(5) The institution shall require that any health, edu-
cation, or poverty-focused loan, credit, grant, document, policy,
or strategy prepared by the institution includes specific outcome
and output indicators to measure results, and that the indica-
tors and results be published periodically during the execution,
and at the completion, of the project or program.
‘‘(6) The institution shall establish a plan and schedule
for conducting regular, independent audits of internal manage-
ment controls and procedures for meeting operational objec-
tives, complying with Bank policies, and preventing fraud, and
making reports describing the scope and findings of such audits
available to the public.
‘‘(7) The institution shall establish effective procedures for
the receipt, retention, and treatment of: (A) complaints received
by the Bank regarding fraud, accounting, mismanagement,
internal accounting controls, or auditing matters; and (B) the
confidential, anonymous submission by employees of the Bank
of concerns regarding fraud, accounting, mismanagement,
internal accounting controls, or auditing matters.
‘‘(b) Not later than September 1, 2004, and 6 months thereafter,
the Secretary of the Treasury shall submit a report to the appro-
priate congressional committees describing the actions taken by
each multilateral development institution to implement the policy
H. R. 2673—202
goals described in subsection (a), and any further actions that
need to be taken to fully implement such goals.
‘‘(c) PUBLICATION OF WRITTEN STATEMENTS REGARDING INSPEC-
TION MECHANISM CASES.—No later than 60 calendar days after
a meeting of the Board of Directors of a multilateral development
institution, the Secretary of the Treasury should provide for publica-
tion on the website of the Department of the Treasury of any
written statement presented at the meeting by the United States
Executive Director at the institution concerning—
‘‘(1) a project on which a claim has been made to the
inspection mechanism of the institution; or
‘‘(2) a pending inspection mechanism case.
‘‘(d) CONGRESSIONAL BRIEFINGS.—The Secretary of the Treasury
or the designee of the Secretary should brief the appropriate
congressional committees, when requested, on the steps that have
been taken by the United States Executive Director at any multilat-
eral development institution, and by any such institution, to imple-
ment the measures described in this section.
‘‘(e) PUBLICATION
OF ‘NO’ VOTES
AND ABSTENTIONS
BY
THE
UNITED STATES.—Each month, the Secretary of the Treasury should
provide for posting on the website of the Department of the Treasury
of a record of all ‘no’ votes and abstentions made by the United
States Executive Director at any multilateral development institu-
tion on any matter before the Board of Directors of the institution.
‘‘(f) MULTILATERAL DEVELOPMENT INSTITUTION DEFINED.—In
this section, the term ‘multilateral development institution’ shall
have the meaning given in section 1701(c)(3).’’.
PARTICIPATION IN THE SEVENTH REPLENISHMENT OF THE RESOURCES
OF THE ASIAN DEVELOPMENT FUND
SEC. 582. The Asian Development Bank Act (22 U.S.C. 285–
285aa) is amended by adding at the end the following:
‘‘SEC. 31. ADDITIONAL CONTRIBUTION TO SPECIAL FUNDS.
‘‘(a) CONTRIBUTION AUTHORITY.—
‘‘(1) IN GENERAL.—The United States Governor of the Bank
may contribute on behalf of the United States an amount
equal to the amount appropriated under subsection (b), pursu-
ant to the resolution of the Bank entitled ‘Seventh Replenish-
ment of the Asian Development Fund’.
‘‘(2) SUBJECT
TO
APPROPRIATIONS.—Any commitment to
make the contribution authorized by paragraph (1) shall be
effective only to such extent or in such amounts as are provided
in advance in appropriations Acts.
‘‘(b) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.—For
the contribution authorized by subsection (a), there are authorized
to be appropriated such sums as may be necessary for payment
by the Secretary of the Treasury, without fiscal year limitation.’’.
PARTICIPATION IN THE NINTH REPLENISHMENT OF THE RESOURCES OF
THE AFRICAN DEVELOPMENT FUND
SEC. 583. The African Development Fund Act (22 U.S.C. 290g—
290g–15) is amended by adding at the end the following:
‘‘SEC. 217. NINTH REPLENISHMENT.
‘‘(a) CONTRIBUTION AUTHORITY.—
H. R. 2673—203
‘‘(1) IN GENERAL.—The United States Governor of the Fund
may contribute on behalf of the United States an amount
equal to the amount appropriated under subsection (b), pursu-
ant to the resolution of the Fund entitled ‘The Ninth General
Replenishment of Resources of the African Development Fund’.
‘‘(2) SUBJECT
TO
APPROPRIATIONS.—Any commitment to
make the contribution authorized by paragraph (1) shall be
effective only to such extent or in such amounts as are provided
in advance in appropriations Acts.
‘‘(b) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.—For
the contribution authorized by subsection (a), there are authorized
to be appropriated such sums as may be necessary for payment
by the Secretary of the Treasury, without fiscal year limitation.’’.
OVERSEAS PRIVATE INVESTMENT CORPORATION AND EXPORT-IMPORT
BANK RESTRICTIONS
SEC. 584. (a) LIMITATION ON USE OF FUNDS BY OPIC.—None
of the funds made available in this Act may be used by the Overseas
Private Investment Corporation to insure, reinsure, guarantee, or
finance any investment in connection with a project involving the
mining, polishing or other processing, or sale of diamonds in a
country that fails to meet the requirements of subsection (c).
(b) LIMITATION
ON USE
OF FUNDS
BY
THE EXPORT-IMPORT
BANK.—None of the funds made available in this Act may be
used by the Export-Import Bank of the United States to guarantee,
insure, extend credit, or participate in an extension of credit in
connection with the export of any goods to a country for use in
an enterprise involving the mining, polishing or other processing,
or sale of diamonds in a country that fails to meet the requirements
of subsection (c).
(c) REQUIREMENTS.—The requirements referred to in sub-
sections (a) and (b) are that the country concerned is implementing
the recommendations, obligations and requirements developed by
the Kimberley Process on conflict diamonds.
RECONCILIATION PROGRAMS
SEC. 585. Of the funds appropriated under the headings ‘‘Eco-
nomic Support Fund’’, not less than $8,000,000 shall be made
available to support reconciliation programs and activities which
bring together individuals of different ethnic, religious, and political
backgrounds from areas of civil conflict and war.
NICARAGUA
SEC. 586. Of the funds appropriated under the headings
‘‘Development Assistance’’ and ‘‘Child Survival and Health Pro-
grams Fund’’, not less than $35,000,000 shall be made available
for assistance for Nicaragua.
DISABILITY ACCESS
SEC. 587. The Administrator of the United States Agency for
International Development (‘‘USAID’’) shall seek to ensure that
programs, projects, and activities administered by USAID in
Afghanistan comply fully with USAID’s ‘‘Policy Paper: Disability’’
issued on September 12, 1997: Provided, That the Administrator
shall submit a report to the Committees on Appropriations not
H. R. 2673—204
later than December 31, 2004, describing the manner in which
the needs of people with disabilities were met in the development
and implementation of USAID programs, projects, and activities
in Afghanistan in fiscal year 2004: Provided further, That the
Administrator, not later than 180 days after enactment of this
Act and in consultation, as appropriate, with other appropriate
departments and agencies, the Architectural and Transportation
Barriers Compliance Board, and nongovernmental organizations
with expertise in the needs of people with disabilities, shall develop
and implement appropriate standards for access for people with
disabilities for construction projects funded by USAID.
TRADE CAPACITY BUILDING
SEC. 588. Of the funds appropriated by this Act, under the
headings ‘‘Trade and Development Agency’’, ‘‘Development Assist-
ance’’, ‘‘Transition Initiatives’’, ‘‘Economic Support Fund’’, ‘‘Inter-
national Affairs Technical Assistance’’, and ‘‘International Organiza-
tions and Programs’’, not less than $503,000,000 should be made
available for trade capacity building assistance.
WAR CRIMES IN AFRICA
SEC. 589. (a) The Congress recognizes the important contribu-
tion that the democratically elected Government of Nigeria has
played in fostering stability in West Africa, including reaching
an agreement with the Government of Liberia to provide relief
and promote reconciliation in that nation. The Congress also recog-
nizes the important contributions of other African nations and
supports continued assistance aimed at resolving the conflicts that
have destabilized West Africa and the Great Lakes region.
(b) The Congress reaffirms its support for the efforts of the
International Criminal Tribunal for Rwanda (ICTR) and the Special
Court for Sierra Leone (SCSL) to bring to justice individuals respon-
sible for war crimes and crimes against humanity in a timely
manner.
(c) Funds appropriated by this Act, including funds for debt
restructuring, may be made available for assistance to the central
government of a country in which individuals indicted by ICTR
and SCSL are credibly alleged to be living, if the Secretary of
State determines and reports to the Committees on Appropriations
that such government is cooperating with ICTR and SCSL,
including the surrender and transfer of indictees in a timely
manner: Provided, That this subsection shall not apply to assistance
provided under section 551 of the Foreign Assistance Act of 1961
or to project assistance under title II of this Act: Provided further,
That the United States shall use its voice and vote in the United
Nations Security Council to fully support efforts by ICTR and
SCSL to bring to justice individuals indicted by such tribunals
in a timely manner.
(d) The prohibition in subsection (c) may be waived on a country
by country basis if the President determines that doing so is in
the national security interest of the United States: Provided, That
prior to exercising such waiver authority, the President shall report
to the Committees on Appropriations, in classified form if necessary,
on: (1) the steps being taken to obtain the cooperation of the
government in surrendering the indictee in question to SCSL or