†
167
HR 2800 EAS
(d) This section shall not apply to Montenegro, Kosovo,
humanitarian assistance or assistance to promote democ-
racy in municipalities.
MULTILATERAL DEVELOPMENT BANK ACCOUNTABILITY
SEC. 679. Beginning not more than 180 days after the
date of enactment of this Act, the Secretary of the Treasury
shall instruct the United States Executive Director of each
multilateral development bank or subsidiary or window
thereof (hereinafter ‘‘Bank’’), not to vote in favor of any
action proposed to be taken by such Bank unless not less
than 45 days before consideration by the board of directors
of such Bank, the Secretary of State, in consultation with
the Secretary of the Treasury, has determined that—
(1) such Bank is implementing regular, inde-
pendent external audits of internal management con-
trols and procedures for meeting operational objec-
tives, complying with Bank policies, and preventing
fraud, and is making reports describing the scope and
findings of such audits available to the public on at
least an annual basis;
(2) any proposed loan, credit, or grant agree-
ment has been published and includes the resources
and conditionality necessary to ensure that the bor-
rower complies with applicable laws in carrying out
such loan, credit, or grant agreement, including laws
pertaining to the integrity and transparency of the
†
168
HR 2800 EAS
process such as public consultation, and to public
health and safety and environmental protection; and
(3) such Bank is implementing effective proce-
dures for the receipt, retention, and treatment of (A)
complaints received by the Bank regarding fraud, ac-
counting, mismanagement, internal accounting con-
trols, or auditing matters; and (B) the confidential,
anonymous submission by employees of the Bank of
concerns regarding fraud, accounting, mismanage-
ment, internal accounting controls, or auditing mat-
ters.
COOPERATION WITH CUBA ON COUNTER-NARCOTICS
MATTERS
SEC. 680. (a) Subject to subsection (b), of the funds
appropriated under the heading ‘‘International Narcotics
Control and Law Enforcement’’, $5,000,000 should be made
available for the purposes of preliminary work by the De-
partment of State, or such other entity as the Secretary of
State may designate, to establish cooperation with appro-
priate agencies of the Government of Cuba on counter-nar-
cotics matters, including matters relating to cooperation,
coordination, and mutual assistance in the interdiction of
illicit drugs being transported through Cuba airspace or
over Cuba waters.
(b) The amount in subsection (a) shall not be available
if the President certifies that—
†
169
HR 2800 EAS
(1) Cuba does not have in place appropriate pro-
cedures to protect against the loss of innocent life in
the air and on the ground in connection with the
interdiction of illegal drugs; and
(2) there is evidence of involvement of the Gov-
ernment of Cuba in drug trafficking.
COMMUNITY-BASED POLICE ASSISTANCE
SEC. 681. (a) AUTHORITY.—Funds made available to
carry out the provisions of chapter 1 of part I and chapter
4 of part II of the Foreign Assistance Act of 1961, may
be used, notwithstanding section 660 of that Act, to enhance
the effectiveness and accountability of civilian police au-
thority through training and technical assistance in inter-
nationally recognized human rights, the rule of law, stra-
tegic planning, and through assistance to foster civilian po-
lice roles that support democratic governance including as-
sistance for programs to prevent conflict and foster im-
proved police relations with the communities they serve.
(b) NOTIFICATION.—Assistance provided under sub-
section (a) shall be subject to the regular notification proce-
dures of the Committees on Appropriations.
(c) Report.—The requirement for an annual report,
contained in section 582 (b)(1) of Division E of Public Law
108–7, shall be applicable to all programs for which funds
are provided under the authority of this subsection.
†
170
HR 2800 EAS
OVERSEAS PRIVATE INVESTMENT CORPORATION AND
EXPORT-IMPORT BANK RESTRICTIONS
SEC. 682. (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 sub-
section (c).
(c) REQUIREMENTS.—The requirements referred to in
subsections (a) and (b) are that the country concerned is
implementing the recommendations, obligations and re-
quirements developed by the Kimberley Process on conflict
diamonds.
†
171
HR 2800 EAS
AMERICAN CHURCHWOMEN AND OTHER CITIZENS IN EL
SALVADOR AND GUATEMALA
SEC. 683. (a) Information relevant to the December 2,
1980, murders of four American churchwomen in El Sal-
vador, and the May 5, 2001, murder of Sister Barbara Ann
Ford and the murders of other American citizens in Guate-
mala since December 1999, should be declassified and made
public as soon as possible.
(b) In making determinations concerning declassifica-
tion and release of relevant information, all Federal agen-
cies and departments should use the discretion contained
within such existing standards and procedures on classi-
fication in support of releasing, rather than withholding,
such information.
CONFLICT RESOLUTION
SEC. 684. Of the funds appropriated under the head-
ings ‘‘Economic Support Fund’’ and ‘‘Assistance for East-
ern Europe and the Baltic States’’, $15,000,000 shall be
made available to support conflict resolution programs and
activities which bring together individuals of different eth-
nic, religious, and political backgrounds from areas of civil
conflict and war.
NICARAGUA
SEC. 685. Of the funds appropriated under the head-
ings ‘‘Economic Support Fund’’, ‘‘Development Assist-
ance’’, and ‘‘Child Survival and Health Programs Fund’’,
†
172
HR 2800 EAS
not less than $35,000,000 shall be made available for assist-
ance for Nicaragua, of which not less than $5,000,000 shall
be made available from funds appropriated under the head-
ing ‘‘Economic Support Fund’’: Provided, That with re-
spect to funds made available pursuant to this section, pri-
ority shall be given to programs to provide alternative
means of income for subsistence farmers and to promote ju-
dicial reform.
REPORT ON INTERNATIONAL COFFEE CRISIS
SEC. 686. Not later than 120 days after enactment of
this Act, the Secretary of State, in consultation with the
Administrator of the United States Agency for Inter-
national Development and the Secretary of the Treasury,
shall submit a report to the Committees on Appropriations
describing the progress the United States is making toward
meeting the objectives set forth in paragraph (1) of S. Res.
368 (107th Congress) and paragraph (1) of H. Res. 604
(107th Congress), including adopting a global strategy to
deal with the international coffee crisis and measures to
support and complement multilateral efforts to respond to
the international coffee crisis.
VENEZUELA
SEC. 687. (a) None of the funds appropriated or other-
wise made available pursuant by this Act may be made
available for assistance for the central Government of Ven-
ezuela if the Secretary of State certifies to the Committees
†
173
HR 2800 EAS
on Appropriations that the central Government of Ven-
ezuela is assisting, harboring, or providing sanctuary for
Colombian terrorist organizations.
(b) The provision of subsection (a) shall not apply to
democracy and rule of law assistance for Venezuela.
(c) Of the funds appropriated by this Act under the
heading ‘‘Economic Support Fund’’, not less than
$5,000,000 shall be made available for democracy and rule
of assistance for Venezuela.
DISABILITY ACCESS
SEC. 688. The Administrator of the United States
Agency for International Development (‘‘USAID’’) shall
seek to ensure that programs, projects, and activities ad-
ministered by USAID in Iraq and 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
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 Iraq and Afghanistan in fiscal
year 2004: Provided further, That the Administrator, not
later than 180 days after enactment of this Act and in con-
sultation, as appropriate, with other appropriate depart-
ments and agencies, the Architectural and Transportation
Barriers Compliance Board, and nongovernmental organi-
†
174
HR 2800 EAS
zations with expertise in the needs of people with disabil-
ities, shall develop and implement appropriate standards
for access for people with disabilities for construction
projects funded by USAID.
THAILAND
SEC. 689. Funds appropriated by this Act that are
available for the central Government of Thailand may be
made available if the Secretary of State determines and re-
ports to the Committees on Appropriations that the central
Government of Thailand (1) supports the advancement of
democracy in Burma and is taking action to sanction the
military junta in Rangoon; (2) is not hampering the deliv-
ery of humanitarian assistance to people in Thailand who
have fled Burma; and (3) is not forcibly repatriating Bur-
mese to Burma.
MODIFICATION ON REPORTING REQUIREMENTS
SEC. 690. Section 3204(f) of the Emergency Supple-
mental Act, 2000 (Public Law 106–246) is amended—
(1) in the heading, by striking ‘‘BIMONTHLY’’
and inserting ‘‘QUARTERLY’’;
(2) by striking ‘‘60’’ and inserting ‘‘90’’; and
(3) by striking ‘‘Congress’’ and inserting ‘‘the
appropriate congressional committees’’.
†
175
HR 2800 EAS
ASSISTANCE FOR FOREIGN NONGOVERNMENTAL
ORGANIZATIONS
SEC. 691. Notwithstanding any other provision of law,
regulation, or policy, in determining eligibility for assist-
ance authorized under part I of the Foreign Assistance Act
of 1961 (22 U.S.C. 2151 et seq.), foreign nongovernmental
organizations—
(1) shall not be ineligible for such assistance sole-
ly on the basis of health or medical services including
counseling and referral services, provided by such or-
ganizations with non-United States Government
funds if such services do not violate the laws of the
country in which they are being provided and would
not violate United States Federal law if provided in
the United States; and
(2) shall not be subject to requirements relating
to the use of non-United States Government funds for
advocacy and lobbying activities other than those that
apply to United States nongovernmental organiza-
tions receiving assistance under part I of such Act.
PROHIBITION ON FUNDING TO COUNTRIES THAT TRADE IN
CERTAIN WEAPONS WITH NORTH KOREA
SEC. 692. (a) No funds appropriated pursuant to this
Act may be made available to the government of a country
or for a project in a country that, during the 12-month
†
176
HR 2800 EAS
period ending on the date that such funds would be obli-
gated, has—
(1) exported to North Korea any item listed on
the United States Munitions List under section 38 of
the Arms Export Control Act (22 U.S.C. 2278) or any
dual-use item on the Commerce Control List pursuant
to the Export Administration Regulations (15 C.F.R.
part 730 et seq.), if the President determines that
such items are intended for use in a weapons of mass
destruction or a missile program in North Korea; or
(2) imported from North Korea any item de-
scribed in paragraph (1).
(b) The President may waive the prohibition in sub-
section (a) with respect to a county or project if the Presi-
dent certifies to Congress that it is in the national interest
of the United States to waive the prohibition.
MALAYSIA
SEC. 693. (a) Funds appropriated by this Act that are
available for assistance for Malaysia may be made available
if the Secretary of State determines and reports to the Com-
mittees on Appropriations that the Government of Malaysia
supports and promotes religious freedoms, including toler-
ance for people of the Jewish faith.
(b) The Secretary of State may waive the requirements
of subsection (a) if he determines and reports to the Com-
†
177
HR 2800 EAS
mittees on Appropriations that such a waiver is in the na-
tional security interests of the United States.
WAR CRIMES IN AFRICA
SEC. 694. Funds appropriated by this Act, including
funds for debt restructuring, shall not be made available
to the central government of a country in which individuals
indicted by the International Criminal Tribunal for Rwan-
da (ICTR) and the Special Court for Sierra Leone (SCSL)
are credibly alleged to be living unless the Secretary of State
certifies to the President of the Senate and the Speaker of
the House of Representatives that such government is co-
operating with ICTR and SCSL, including the surrender
and transfer of indictees: Provided, That the previous pro-
viso shall not apply to assistance provided under section
551 of the Foreign Assistance Act of 1961: 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.
REPORT ON ADMISSION OF REFUGEES
SEC. 695. (a) Congress makes the following findings:
(1) As of October 2003, there are 13,000,000 ref-
ugees worldwide, many of whom have fled religious,
political, and other forms of persecution.
(2) Refugee resettlement remains a critical tool
of international refugee protection and an essential
†
178
HR 2800 EAS
component of the humanitarian and foreign policy of
the United States.
(3) Prior to the beginning of each fiscal year, the
President designates, in a Presidential Determina-
tion, a target number of refugees to be admitted to the
United States under the United States Refugee Reset-
tlement Program.
(4) Although the President authorized the admis-
sion of 70,000 refugees in fiscal year 2003, only
28,419 refugees were admitted.
(5) From fiscal year 1980 to fiscal year 2000,
the average level of United States refugee admissions
was slightly below 100,000 per year.
(6) The United States Government policy is to
resettle the designated number of refugees each fiscal
year. Congress expects the Department of State, the
Department of Homeland Security, and the Depart-
ment of Health and Human Services to implement
the admission of 70,000 refugees as authorized by the
President for fiscal year 2004.
(b)(1) The Secretary of State shall utilize private vol-
untary organizations with expertise in the protection needs
of refugees in the processing of refugees overseas for admis-
sion and resettlement to the United States, and shall utilize
such agencies in addition to the United Nations High Com-
†
179
HR 2800 EAS
missioner for Refugees in the identification and referral of
refugees.
(2) The Secretary of State shall establish a system for
accepting referrals of appropriate candidates for resettle-
ment from local private, voluntary organizations and work
to ensure that particularly vulnerable refugee groups receive
special consideration for admission into the United States,
including—
(A) long-stayers in countries of first asylum;
(B) unaccompanied refugee minors;
(C) refugees outside traditional camp settings;
and
(D) refugees in woman-headed households.
(3) The Secretary of State shall give special consider-
ation to—
(A) refugees of all nationalities who have close
family ties to citizens and residents of the United
States; and
(B) other groups of refugees who are of special
concern to the United States.
(4) Not later than 90 days after the date of enactment
of this Act, the Secretary of State shall submit a report to
the appropriate congressional committees describing the
steps that have been taken to implement this subsection.
†
180
HR 2800 EAS
(c) Not later than September 30, 2004, if the actual
refugee admissions numbers do not conform with the au-
thorized ceiling on the number of refugees who may be ad-
mitted, the Secretary of State, the Secretary of Homeland
Security, and the Secretary of Health and Human Services
shall report to Congress on the—
(1) execution and implementation of the refugee
resettlement program; and
(2) reasons for the failure to resettle the max-
imum number of refugees.
ANNUAL REPORT ON INTERNATIONAL RELIGIOUS FREEDOM
TO
INCLUDE
INFORMATION
ON
ANTI-SEMITISM
AND
OTHER RELIGIOUS INTOLERANCE
SEC. 696. Section 102(b)(1) of the International Reli-
gious Freedom Act of 1998 (22 U.S.C. 6412(b)(1)) is
amended by adding at the end the following new subpara-
graph:
‘‘(G) ACTS OF ANTI-SEMITISM AND OTHER
RELIGIOUS
INTOLERANCE.—A description for
each foreign country of—
‘‘(i) acts of violence against people of
the Jewish faith and other faiths that oc-
curred in that country;
‘‘(ii) the response of the government of
that country to such acts of violence; and
†
181
HR 2800 EAS
‘‘(iii) actions by the government of that
country to enact and enforce laws relating
to the protection of the right to religious
freedom with respect to people of the Jewish
faith.
POST DIFFERENTIALS AND DANGER PAY ALLOWANCES
SEC. 697. (a) Section 5925(a) of title 5, United States
Code, is amended in the third sentence by inserting after
‘‘25 percent of the rate of basic pay’’ the following: ‘‘or, in
the case of an employee of the United States Agency for
International Development, 35 percent of the rate of basic
pay’’.
(b) Section 5928 of title 5, United States Code, is
amended by inserting after ‘‘25 percent of the basic pay
of the employee’’ both places it appears the following: ‘‘or
35 percent of the basic pay of the employee in the case of
an employee of the United States Agency for International
Development’’.
(c) The amendments made by subsections (a) and (b)
shall take effect on October 1, 2003, and shall apply with
respect to post differentials and danger pay allowances paid
for months beginning on or after that date.
SENSE OF CONGRESS ON CONTRACTING FOR DELIVERY OF
ASSISTANCE BY AIR
SEC. 698. It is the sense of Congress that the Adminis-
trator of the United States Agency for International Devel-
†
182
HR 2800 EAS
opment should, to the maximum extent practicable and in
a manner consistent with the use of full and open competi-
tion (as that term is defined in section 4(6) of the Office
of Federal Procurement Policy Act (41 U.S.C. 403(6))),
contract with small, domestic air transport providers for
purposes of the delivery by air of assistance available under
this Act.
SEC. 699. (a) Congress makes the following findings:
(1) International organizations and non-govern-
mental observers, including the Organization for Se-
curity and Cooperation in Europe, the National
Democratic Institute, and Human Rights Watch doc-
umented widespread government manipulation of the
electoral process in advance of the Presidential elec-
tion held in Azerbaijan on October 15, 2003.
(2) Such organizations and the Department of
State reported widespread vote falsification during
the election, including ballot stuffing, fraudulent ad-
ditions to voter lists, and irregularities with vote tal-
lies and found that election commission members from
opposition parties were bullied into signing falsified
vote tallies.
(3) The Department of State issued a statement
on October 21, 2003 concluding that the irregularities
†
183
HR 2800 EAS
that occurred during the elections ‘‘cast doubt on the
credibility of the election’s results’’.
(4) Human Rights Watch reported that govern-
ment forces in Azerbaijan used excessive force against
demonstrators protesting election fraud and that such
force resulted in at least one death and injuries to
more than 300 individuals.
(5) Following the elections, the Government of
Azerbaijan arrested more than 330 individuals, many
of whom are leaders and rank-and-file members of op-
position parties in Azerbaijan, including individuals
who served as observers and polling-station officials
who refused to sign vote tallies from polling stations
that the individuals believed were fraudulent.
(6) The national interest of the United States in
promoting stability in the Caucasus and Central Asia
and in winning the war on terrorism is best protected
by maintaining relationships with democracies com-
mitted to the rule of law.
(7) The credible reports of fraud and intimida-
tion cast serious doubt on the legitimacy of the Octo-
ber 15, 2003 Presidential election in Azerbaijan and
on the victory of Ilham Aliev in such election.
(b) It is the sense of Congress that—
†
184
HR 2800 EAS
(1) the President and the Secretary of State
should urge the Government of Azerbaijan to create
an independent commission, with participation from
the Organization for Security and Cooperation in
Europe and the Council of Europe, to investigate the
fraud and intimidation surrounding the October 15,
2003 election in Azerbaijan, and to hold a new elec-
tion if such a commission finds that a new election
is warranted;
(2) the violence that followed the election should
be condemned and should be investigated in a full
and impartial investigation;
(3) the perpetrators of criminal acts related to
the election, including Azerbaijani police, should be
held accountable; and
(4) the Government of Azerbaijan should imme-
diately release from detention all members of opposi-
tion political parties who were arrested for peacefully
expressing political opinions.
(c) Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of State, in consultation
with the Attorney General, shall submit a report to the
Committee on Foreign Relations and the Committee on Ap-
propriations of the Senate and the Committee on Inter-
national Relations and the Committee of Appropriations of