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UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT HIRING AUTHORITY
SEC. 5087. (a) USE OF PROGRAM FUNDS.—Up to
$12,500,000 of the funds appropriated by this Act to carry
out chapter 1 of part I of the Foreign Assistance Act of
1961 may be transferred to and consolidated with funds ap-
propriated under the heading, ‘‘Operating Expenses of the
United States Agency for International Development’’
(USAID), and used by USAID to appoint and employ full-
time Civil Service and full-time Foreign Service personnel,
including to pay the costs of salaries, benefits, and allow-
ances of such personnel: Provided, That the authority of this
section may be used to appoint and employ not more than
50 individuals.
(b) CONDITIONS.—The authority of this section—
(1) may not be used until USAID completes a
comprehensive workforce analysis that is approved by
the USAID Administrator and submitted to the Office
of Management and Budget and the Office of Per-
sonnel Management;
(2) may only be used to meet shortages in tech-
nical skill areas identified in the approved workforce
analysis;
(3) may only be used to the extent that an equiv-
alent number of positions that are filled by personal
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service contractors or other employees of USAID, who
are compensated with funds appropriated by this Act
to carry out chapter 1 of part I of the Foreign Assist-
ance Act of 1961, are eliminated; and
(4) may only be exercised after notification of
the Committees on Appropriations and the Office of
Management and Budget.
CERTAIN CLAIMS FOR EXPROPRIATION BY THE
GOVERNMENT OF NICARAGUA
SEC. 5088. Section 527 of the Foreign Relations Au-
thorization Act, Fiscal Years 1994 and 1995 (22 U.S.C.
2370(a)) is amended by adding at the end the following
new subsection:
‘‘(i) CERTAIN CLAIMS FOR EXPROPRIATION BY THE
GOVERNMENT OF NICARAGUA.—
‘‘(1) Any action of the types set forth in sub-
paragraphs (A), (B), and (C) of subsection (a)(1) that
was taken by the Government of Nicaragua during
the period beginning on January 1, 1956, and ending
on January 9, 2002, shall not be considered in imple-
menting the prohibition under subsection (a) unless
the action has been presented in accordance with the
procedure set forth in paragraph (2).
‘‘(2) An action shall be deemed presented for
purposes of paragraph (1) if it is—
‘‘(A) in writing; and
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‘‘(B) received by the United States Depart-
ment of State on or before 120 days after the
date specified in paragraph (3) at—
‘‘(i) the headquarters of the United
States Department of State in Washington,
D.C.; or,
‘‘(ii) the Embassy of the United States
of America to Nicaragua.
‘‘(3) The date to which paragraph (2) refers is
a date after enactment of this subsection that is speci-
fied by the Secretary of State, in the Secretary’s dis-
cretion, in a notice published in the Federal Reg-
ister.’’.
OVERSEAS PRIVATE INVESTMENT CORPORATION AND
EXPORT-IMPORT BANK RESTRICTIONS
SEC. 5089. (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
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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.
SECURITY IN ASIA
SEC. 5090. (a) Of the funds appropriated under the
heading ‘‘Foreign Military Financing Program’’, not less
than the following amounts shall be made available to en-
hance security in Asia, consistent with democratic prin-
ciples and the rule of law—
(1) $55,000,000 for assistance for the Phil-
ippines;
(2) $6,000,000 for assistance for Indonesia;
(3) $2,000,000 for assistance for Bangladesh;
(4) $1,500,000 for assistance for the Democratic
Republic of Timor-Leste;
(5) $2,000,000 for assistance for Mongolia;
(6) $5,000,000 for assistance for Nepal;
(7) $2,500,000 for assistance for Thailand;
(8) $1,000,000 for assistance for Sri Lanka;
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(9) $1,000,000 for assistance for Cambodia;
(10) $500,000 for assistance for Fiji; and
(11) $250,000 for assistance for Tonga.
(b) Funds made available for assistance for Indonesia
pursuant to subsection (a) may be made available notwith-
standing section 5075 of this Act: Provided, That such funds
may only be made available to the Indonesian navy for the
purposes of enhancing maritime security: Provided further,
That sections 5075(a)(1) and (4) of this Act shall apply
with respect to the Indonesia navy for purposes of this sec-
tion: Provided further, That such funds shall only be made
available subject to the regular notification procedures of
the Committees on Appropriations.
(c) Funds made available for assistance for Cambodia
pursuant to subsection (a) shall be made available notwith-
standing section 5054 of this Act: Provided, That such funds
shall only be made available subject to the regular notifica-
tion procedures of the Committees on Appropriations.
(d) Funds made available for assistance for Nepal pur-
suant to subsection (a) may be made available if the Sec-
retary of State reports to the Committees on Appropriations
that the Government of Nepal is: (1) complying promptly
with habeas corpus orders issued by the Supreme Court of
Nepal, including all outstanding orders; (2) cooperating
with the National Human Rights Commission of Nepal to