H. R. 2673—205
ICTR; (2) a strategy for bringing the indictee before ICTR or SCSL;
and (3) the justification for exercising the waiver authority.
(e) Of the funds made available under the heading ‘‘Economic
Support Fund’’ in Public Law 108–7, not less than $5,000,000
shall be made available during fiscal year 2004 for a contribution
to the Special Court of Sierra Leone: Provided, That funds made
available under the previous proviso shall be disbursed no later
than 30 days after enactment of this Act.
REPORT ON ADMISSION OF REFUGEES
SEC. 590. (a) The Secretary of State shall utilize private vol-
untary organizations with expertise in the protection needs of refu-
gees in the processing of refugees overseas for admission and
resettlement to the United States, and shall utilize such agencies
in addition to the United Nations High Commissioner for Refugees
in the identification and referral of refugees.
(b) The Secretary of State should establish a system for
accepting referrals of appropriate candidates for resettlement from
local private, voluntary organizations and work to ensure that
particularly vulnerable refugee groups receive special consideration
for admission into the United States, including—
(1) long-stayers in countries of first asylum;
(2) unaccompanied refugee minors;
(3) refugees outside traditional camp settings; and
(4) refugees in woman-headed households.
(c) The Secretary of State shall give special consideration to—
(1) refugees of all nationalities who have close family ties
to citizens and residents of the United States; and
(2) other groups of refugees who are of special concern
to the United States.
(d) Not later than 120 days after the date of enactment of
this Act, the Secretary of State shall submit a report to the Commit-
tees on Appropriations describing the steps that have been taken
to implement this section.
POST DIFFERENTIALS AND DANGER PAY ALLOWANCES
SEC. 591. (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 Develop-
ment, 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) Except for employees of the United States Agency for Inter-
national Development stationed in Iraq and Afghanistan, the
amendments made by subsections (a) and (b) shall not take effect
until the same authority is enacted for employees of the Department
of State.
REPORT ON AZERBAIJAN
SEC. 592. Not later than 90 days after the date of the enactment
of this Act, the Secretary of State, in consultation with the Attorney
H. R. 2673—206
General, shall submit a report to the Committee on Foreign Rela-
tions and the Committee on Appropriations of the Senate and
the Committee on International Relations and the Committee on
Appropriations of the House of Representatives on the investigation
of the murder of United States democracy worker John Alvis. Such
report shall include—
(1) a description of the steps taken by the Government
of Azerbaijan to further such investigation and bring to justice
those responsible for the murder of John Alvis;
(2) a description of the actions of the Government of Azer-
baijan to cooperate with United States agencies involved in
such investigation; and
(3) any recommendations of the Secretary for furthering
progress of such investigation.
DESIGNATION OF THE GLOBAL FUND TO FIGHT AIDS, TUBERCULOSIS
AND MALARIA UNDER THE INTERNATIONAL ORGANIZATIONS IMMUNI-
TIES ACT
SEC. 593. The International Organizations Immunities Act (22
U.S.C. 288 et seq.) is amended by adding at the end the following
new section:
‘‘SEC. 16. The provisions of this title may be extended to the
Global Fund to Fight AIDS, Tuberculosis and Malaria in the same
manner, to the same extent, and subject to the same conditions,
as they may be extended to a public international organization
in which the United States participates pursuant to any treaty
or under the authority of any Act of Congress authorizing such
participation or making an appropriation for such participation.’’.
CODE OF CONDUCT
SEC. 594. (a) None of the funds made available by title II
under the heading ‘‘MIGRATION
AND
REFUGEE
ASSISTANCE’’ or
‘‘TRANSITION
INITIATIVES’’ to provide assistance to refugees or
internally displaced persons may be provided to an organization
that has failed to adopt a code of conduct consistent with the
Inter-Agency Standing Committee Task Force on Protection From
Sexual Exploitation and Abuse in Humanitarian Crises six core
principles for the protection of beneficiaries of humanitarian assist-
ance.
(b) In administering the amounts made available for the
accounts described in subsection (a), the Secretary of State and
Administrator of the United States Agency for International
Development shall incorporate specific policies and programs for
the purpose of identifying specific needs of, and particular threats
to, women and children at the various stages of humanitarian
emergencies, especially at the onset of such emergency.
(c) Not later than 90 days after the date of enactment of
this Act, the Secretary of State shall submit to the Committee
on Foreign Relations of the Senate, the Committee on International
Relations of the House of Representatives and the Committees
on Appropriations a report on activities of the Government of the
United States to protect women and children affected by humani-
tarian emergencies. The report shall include—
(1) an assessment of the specific protection needs of women
and children at the various stages of humanitarian emergencies;
H. R. 2673—207
(2) a description of which agencies and offices of the United
States Government are responsible for addressing each aspect
of such needs and threats; and
(3) guidelines and recommendations for improving United
States and international systems for the protection of women
and children during humanitarian emergencies.
ASSISTANCE FOR HIV/AIDS
SEC. 595. The United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22 U.S.C.
7601 et seq.) is amended—
(1) in section 202(d)(4)(A), by adding at the end the fol-
lowing new clause:
‘‘(vi) for the purposes of clause (i), ‘funds contributed
to the Global Fund from all sources’ means funds contrib-
uted to the Global Fund at any time during fiscal years
2004 through 2008 that are not contributed to fulfill a
commitment made for a fiscal year prior to fiscal year
2004.’’;
(2) in section 202(d)(4)(B), by adding at the end the fol-
lowing new clause:
‘‘(iv) Notwithstanding clause (i), after July 31 of each
of the fiscal years 2004 through 2008, any amount made
available under this subsection that is withheld by reason
of subparagraph (A)(i) is authorized to be made available
to carry out sections 104A, 104B, and 104C of the Foreign
Assistance Act of 1961 (as added by title III of this Act).’’;
and
(3) in section 301(f), by inserting ‘‘, except that this sub-
section shall not apply to the Global Fund to Fight AIDS,
Tuberculosis and Malaria, the World Health Organization, the
International AIDS Vaccine Initiative or to any United Nations
agency’’ after ‘‘trafficking’’.
TECHNICAL CORRECTION RELATING TO THE ENHANCED HIPC
INITIATIVE
SEC. 596. Section 1625(a)(1)(B)(ii) of the International Financial
Institutions Act (as added by section 501 of the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
2003 (Public Law 108–25)) is amended by striking ‘‘subparagraph
(A)’’ and inserting ‘‘clause (i)’’.
INDONESIA
SEC. 597. (a) Funds appropriated by this Act under the heading
‘‘Foreign Military Financing Program’’ may be made available for
assistance for Indonesia, and licenses may be issued for the export
of lethal defense articles for the Indonesian Armed Forces, only
if the President certifies to the appropriate congressional commit-
tees that—
(1) the Indonesia Minister of Defense is suspending from
the Armed Forces those members, of whatever rank, who have
been credibly alleged to have committed gross violations of
human rights, or to have aided or abetted militia groups;
(2) the Indonesian Government is prosecuting those mem-
bers of the Indonesian Armed Forces, of whatever rank, who
H. R. 2673—208
have been credibly alleged to have committed gross violations
of human rights, or to have aided or abetted militia groups,
and is punishing those members of the Indonesian Armed
Forces found to have committed such violations of human rights
or to have aided or abetted militia groups;
(3) the Indonesian Armed Forces are cooperating with
civilian prosecutors and judicial authorities in Indonesia and
with the joint United Nations-East Timor Serious Crimes Unit
(SCU) in such cases (including extraditing those indicted by
the SCU to East Timor and providing access to witnesses,
relevant military documents, and other requested information);
and
(4) the Minister of Defense is making publicly available
audits of receipts and expenditures of the Indonesian Armed
Forces.
(b) Congress notes that the Indonesian Government and Armed
Forces have pledged to cooperate with the Federal Bureau of Inves-
tigation with respect to its investigation into the August 31, 2002,
murders of two American citizens and one Indonesian citizen in
Timika, Indonesia. Therefore, funds appropriated under the heading
‘‘INTERNATIONAL MILITARY EDUCATION AND TRAINING’’
may be made available for Indonesia if the Secretary of State
determines and reports to the appropriate congressional committees
that the Indonesian Government and Armed Forces are cooperating
with the Federal Bureau of Investigation’s investigation: Provided,
That this restriction shall not apply to expanded international
military education and training, which may include English lan-
guage training.
RELIGIOUS FREEDOM REPORT
SEC. 598. The assessment and description of violations of reli-
gious freedom contained in the report required by section
102(b)(1)(B) of the International Religious Freedom Act of 1998
(22 U.S.C. 6412(b)(1)(B)) shall include a description of persecution
targeted at specific religions, including acts of anti-Semitism, by
individuals or organizations designated as terrorist organizations
by the Secretary of State under section 219 of the Immigration
and Nationality Act, as amended.
DELIVERY OF ASSISTANCE BY AIR
SEC. 599A. The Secretary of State and the Administrator of
the United States Agency for International Development shall seek
to ensure that, where appropriate, dedicated air service is provided
for transportation to areas where scheduled air service is not ade-
quate to meet assistance requirements on a timely basis: Provided,
That to the maximum extent practicable and in a manner consistent
with the use of full and open competition (as that term is defined
in section 4(6) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(6)), contracts for such dedicated air service shall
be entered into with United States air carriers.
MODIFICATION ON REPORTING REQUIREMENTS
SEC. 599B. (a) Section 3204(f) of the Emergency Supplemental
Act, 2000 (Public Law 106–246) is amended—