H. R. 4818—227
(2) after consultations between the Committees on Appro-
priations and the USAID Administrator on the implementation
of this section and USAID work force issues more generally.
(d) PRIORITY SECTORS.—In exercising the authority of this sec-
tion, primary emphasis shall be placed on enabling USAID to meet
personnel positions in technical skill areas currently encumbered
by contractor or other nondirect-hire personnel.
(e) CONSULTATIONS.—After the initial consultations required
by subsection (c)(2), the USAID Administrator shall consult with
the Committees on Appropriations at least on a quarterly basis
thereafter concerning the implementation of this section.
(f) PROGRAM ACCOUNT CHARGED.—The account charged for the
cost of an individual hired and employed under the authority of
this section shall be the account to which such individual’s respon-
sibilities primarily relate. Funds made available to carry out this
section may be transferred to and merged and consolidated with
funds appropriated for ‘‘Operating Expenses of the United States
Agency for International Development’’.
(g) RELATION TO PRIOR LAW.—Upon completion of the consulta-
tions required by subsection (c)(2), the authority contained in this
section shall supersede the authority contained in section 525 of
the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2004.
(h) DISASTER SURGE CAPACITY.—Funds appropriated by this
Act to carry out part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ‘‘Assistance for
Eastern Europe and the Baltic States’’, may be used, in addition
to funds otherwise available for such purposes, for the cost
(including the support costs) of individuals detailed to or employed
by the United States Agency for International Development whose
primary responsibility is to carry out programs in response to
natural disasters.
OVERSEAS PRIVATE INVESTMENT CORPORATION AND EXPORT-IMPORT
BANK RESTRICTIONS
SEC. 589. (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.
H. R. 4818—228
SECURITY IN ASIA
SEC. 590. (a) INDONESIA.—Funds made available for assistance
for Indonesia under the heading ‘‘Foreign Military Financing Pro-
gram’’ may be made available for assistance for the Indonesian
navy notwithstanding section 572 of this Act if the Secretary of
State reports to the Committees on Appropriations that the Indo-
nesian navy is not violating human rights and is cooperating with
civilian judicial authorities on cases involving human rights viola-
tions: Provided, That such funds may only be made available for
assistance for the Indonesian navy for the purposes of enhancing
maritime security: Provided further, That such funds shall be made
available subject to the regular notification procedures of the
Committees on Appropriations.
(b) CAMBODIA.—Funds made available for assistance for Cam-
bodia under the heading ‘‘Foreign Military Financing Program’’
may be made available notwithstanding section 554 of this Act:
Provided, That such funds shall only be made available subject
to the regular notification procedures of the Committees on Appro-
priations.
(c) NEPAL.—
(1) The Congress deplores and condemns the Maoist insur-
gency in Nepal which has engaged in widespread atrocities
against civilians and Nepalese security forces, and calls on
other nations to denounce these vicious acts.
(2) Funds appropriated under the heading ‘‘Foreign Mili-
tary Financing Program’’ may be made available for assistance
for Nepal if the Secretary of State reports to the Committees
on Appropriations that the Government of Nepal:
(A) has determined the number of and is making
substantial progress in complying with habeas corpus
orders issued by the Supreme Court of Nepal, including
all outstanding orders;
(B) is cooperating with the National Human Rights
Commission of Nepal to identify and resolve all security
related cases involving individuals in government custody;
(C) is granting the National Human Rights Commis-
sion of Nepal unimpeded access to all places of detention;
and
(D) is taking effective steps to end torture by security
forces and to prosecute members of such forces who are
responsible for gross violations of human rights.
(3) The Secretary of State may waive the requirements
of paragraph (2) if he determines and reports to the Committees
on Appropriations that to do so is in the national security
interests of the United States.
HIPC DEBT REDUCTION AND TRUST FUND
SEC. 591. (a) Section 801(b)(1) of Public Law 106–429 is
amended—
(1) by inserting ‘‘(i)’’ after ‘‘appropriated’’; and
(2) by inserting before the period ‘‘; and (ii) for fiscal years
2004–2006, not more than $150,000,000, for purposes of addi-
tional United States contributions to the HIPC Trust Fund
administered by the Bank, which are authorized to remain
available until expended’’.
H. R. 4818—229
(b) Section 501(i) of Public Law 106–113 is amended by striking
‘‘2003–2004’’ and inserting ‘‘2000–2006’’.
COMPLIANCE WITH THE ALGIERS AGREEMENTS
SEC. 592. None of the funds appropriated by this Act may
be made available for assistance for the central Governments of
Ethiopia or Eritrea unless the Secretary of State certifies and
reports to the Committees on Appropriations that such government
is taking steps to comply with the terms of the Algiers Agreements:
Provided, That this section shall not apply to democracy, rule
of law, peacekeeping programs and activities, child survival and
health, basic education, and agriculture programs: Provided further,
That the Secretary may waive the requirements of this section
if he determines that to do so is in the national security interests
of the United States.
ADMINISTRATIVE PROVISIONS RELATED TO MULTILATERAL
DEVELOPMENT BANKS
SEC. 593. (a) Section 1307 of the International Financial Institu-
tions Act (22 U.S.C. 262m–7) is amended—
(1) by striking subsection (a) and inserting the following:
‘‘(a) ASSESSMENT REQUIRED BEFORE FAVORABLE VOTE ON PRO-
POSAL.—The Secretary of the Treasury shall instruct the United
States Executive Director of each multilateral development bank
not to vote in favor of any proposal (including but not limited
to any loan, credit, grant, guarantee) which would result or be
likely to result in significant impact on the environment, unless
the Secretary, after consultation with the Secretary of State and
the Administrators of the United States Agency for International
Development and the Environmental Protection Agency, determines
that for at least 120 days before the date of the vote—
‘‘(1) an assessment analyzing the environmental impacts
of the proposed action, including associated and cumulative
impacts, and of alternatives to the proposed action, has been
completed by the borrower or the bank and has been made
available to the board of directors of the bank; and
‘‘(2) such assessment or a comprehensive summary of the
assessment (with proprietary information redacted) has been
made available to affected groups, and local nongovernmental
organizations and notice of its availability in the country and
at the bank has been posted on the bank’s website.’’; and
(2) by striking subsection (g) and inserting the following:
‘‘(g) MULTILATERAL DEVELOPMENT BANK DEFINED.—In this title,
the term ‘multilateral development bank’ means the International
Bank for Reconstruction and Development, the European Bank
for Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Multilateral
Investment Guarantee Agency, the African Development Bank, the
African Development Fund, the Asian Development Bank, the Inter-
American Development Bank, the Inter-American Investment Cor-
poration, any other institution (other than the International Mone-
tary Fund) specified in section 1701(c)(2), and any subsidiary of
any such institution.’’.
(b) Section 1303(b) of the International Financial Institutions
Act (22 U.S.C. 262m–2(b)) is amended—