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(b) The provisions of subsection (a) shall apply unless
the Secretary of State determines and reports to the ap-
propriate congressional committees that the competent au-
thorities of such country, entity, or municipality are—
(1) cooperating with the Tribunal, including ac-
cess for investigators to archives and witnesses, the
provision of documents, and the surrender and
transfer of indictees or assistance in their apprehen-
sion; and
(2) are acting consistently with the Dayton Ac-
cords.
(c) Not less than 10 days before any vote in an inter-
national financial institution regarding the extension of
any new project involving financial or technical assistance
or grants to any country or entity described in subsection
(a), the Secretary of the Treasury, in consultation with
the Secretary of State, shall provide to the Committees
on Appropriations a written justification for the proposed
assistance, including an explanation of the United States
position regarding any such vote, as well as a description
of the location of the proposed assistance by municipality,
its purpose, and its intended beneficiaries.
(d) In carrying out this section, the Secretary of
State, the Administrator of the United States Agency for
International Development, and the Secretary of the
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Treasury shall consult with representatives of human
rights organizations and all government agencies with rel-
evant information to help prevent indicted war criminals
from benefiting from any financial or technical assistance
or grants provided to any country or entity described in
subsection (a).
(e) The Secretary of State may waive the application
of subsection (a) with respect to projects within a country,
entity, or municipality upon a written determination to the
Committees on Appropriations that such assistance di-
rectly supports the implementation of the Dayton Accords.
(f) DEFINITIONS.—As used in this section—
(1) COUNTRY.—The term ‘‘country’’ means
Bosnia and Herzegovina, Croatia and Serbia.
(2) ENTITY.—The term ‘‘entity’’ refers to the
Federation of Bosnia and Herzegovina, Kosovo,
Montenegro and the Republika Srpska.
(3) MUNICIPALITY.—The term ‘‘municipality’’
means a city, town or other subdivision within a
country or entity as defined herein.
(4) DAYTON ACCORDS.—The term ‘‘Dayton Ac-
cords’’ means the General Framework Agreement
for Peace in Bosnia and Herzegovina, together with
annexes relating thereto, done at Dayton, November
10 through 16, 1995.
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USER FEES
SEC. 562. The Secretary of the Treasury shall in-
struct the United States Executive Director at each inter-
national financial institution (as defined in section
1701(c)(2) of the International Financial Institutions Act)
and the International Monetary Fund to oppose any loan,
grant, strategy or policy of these institutions that would
require user fees or service charges on poor people for pri-
mary education or primary healthcare, including preven-
tion and treatment efforts for HIV/AIDS, malaria, tuber-
culosis, and infant, child, and maternal well-being, in con-
nection with the institutions’ financing programs.
FUNDING FOR SERBIA
SEC. 563. (a) Funds appropriated by this Act may
be made available for assistance for Serbia after March
31, 2005, if the President has made the determination and
certification contained in subsection (c).
(b) After March 31, 2005, the Secretary of the Treas-
ury should instruct the United States executive directors
to the international financial institutions to support loans
and assistance to the Government of the Federal Republic
of Yugoslavia (or a government of a successor state) sub-
ject to the conditions in subsection (c): Provided, That sec-
tion 576 of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1997, as
amended, shall not apply to the provision of loans and as-