107
international legal obligations to apprehend and transfer
to the International Criminal Tribunal for the former
Yugoslavia (the ‘‘Tribunal’’) all persons in their territory
who have been indicted by the Tribunal and to otherwise
cooperate with the Tribunal.
(2) The provisions of this subsection shall not apply
to humanitarian assistance or assistance for democratiza-
tion.
(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
108
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
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.
109
(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.
USER FEES
SEC. 564. 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. 565. (a) Funds appropriated by this Act may
be made available for assistance for Serbia after March
1, 2004, if the President has made the determination and
certification contained in subsection (c).
110
(b) After March 1, 2004, 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-
sistance to the Federal Republic of Yugoslavia (or a suc-
cessor state) through international financial institutions.
(c) The determination and certification referred to in
subsection (a) is a determination by the President and a
certification to the Committees on Appropriations that the
Government of the Federal Republic of Yugoslavia (or a
government of a successor state) is—
(1) cooperating with the International Criminal
Tribunal for the former Yugoslavia including access
for investigators, the provision of documents, and
the surrender and transfer of indictees or assistance
in their apprehension;
(2) taking steps that are consistent with the
Dayton Accords to end Serbian financial, political,
security and other support which has served to
111
maintain separate Republika Srpska institutions;
and
(3) taking steps to implement policies which re-
flect a respect for minority rights and the rule of
law, including the release of political prisoners from
Serbian jails and prisons.
(d) This section shall not apply to Montenegro,
Kosovo, humanitarian assistance or assistance to promote
democracy in municipalities.
COMMUNITY-BASED POLICE ASSISTANCE
SEC. 566. (a) AUTHORITY.—Funds made available
by this Act 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 account-
ability of civilian police authority in Jamaica and El Sal-
vador through training and technical assistance in human
rights, the rule of law, strategic planning, and through as-
sistance to foster civilian police roles that support demo-
cratic governance including assistance for programs to
prevent conflict and foster improved police relations with
the communities they serve.
(b) NOTIFICATION.—Assistance provided under sub-
section (a) shall be subject to the regular notification pro-
cedures of the Committees on Appropriations.
112
TRADE CAPACITY BUILDING
SEC. 567. Of the funds appropriated by this Act,
under the headings ‘‘Trade and Development Agency’’,
‘‘Development 
Assistance’’, 
‘‘Transition 
Initiatives’’,
‘‘Economic Support Fund’’, ‘‘International Affairs Tech-
nical Assistance’’, and ‘‘International Organizations and
Programs’’, not less than $517,000,000 should be made
available for trade capacity building assistance.
SPECIAL DEBT RELIEF FOR THE POOREST
SEC. 568. (a) AUTHORITY TO REDUCE DEBT.-The
President may reduce amounts owed to the United States
(or any agency of the United States) by an eligible country
as a result of—
(1) guarantees issued under sections 221 and
222 of the Foreign Assistance Act of 1961; or
(2) credits extended or guarantees issued under
the Arms Export Control Act.
(b) LIMITATIONS.—
(1) The authority provided by subsection (a)
may be exercised only to implement multilateral offi-
cial debt relief and referendum agreements, com-
monly referred to as ‘‘Paris Club Agreed Minutes’’.
(2) The authority provided by subsection (a)
may be exercised only in such amounts or to such
extent as is provided in advance by appropriations
Acts.
113
(3) The authority provided by subsection (a)
may be exercised only with respect to countries with
heavy debt burdens that are eligible to borrow from
the International Development Association, but not
from the International Bank for Reconstruction and
Development, commonly referred to as ‘‘IDA-only’’
countries.
(c) CONDITIONS.—The authority provided by sub-
section (a) may be exercised only with respect to a country
whose government—
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts
of international terrorism;
(3) is not failing to cooperate on international
narcotics control matters;
(4) (including its military or other security
forces) does not engage in a consistent pattern of
gross violations of internationally recognized human
rights; and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
(d) AVAILABILITY OF FUNDS.—The authority pro-
vided by subsection (a) may be used only with regard to
114
funds appropriated by this Act under the heading ‘‘Debt
Restructuring’’.
(e) CERTAIN PROHIBITIONS INAPPLICABLE.—The
authority provided by subsection (a) may be exercised not-
withstanding section 620(r) of the Foreign Assistance Act
of 1961 or section 321 of the International Development
and Food Assistance Act of 1975.
AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES
SEC. 569. (a) LOANS ELIGIBLE FOR SALE, REDUC-
TION, OR CANCELLATION.—
(1) AUTHORITY TO SELL, REDUCE, OR CANCEL
CERTAIN LOANS.—Notwithstanding any other provi-
sion of law, the President may, in accordance with
this section, sell to any eligible purchaser any
concessional loan or portion thereof made before
January 1, 1995, pursuant to the Foreign Assist-
ance Act of 1961, to the government of any eligible
country as defined in section 702(6) of that Act or
on receipt of payment from an eligible purchaser, re-
duce or cancel such loan or portion thereof, only for
the purpose of facilitating—
(A) debt-for-equity swaps, debt-for-develop-
ment swaps, or debt-for-nature swaps; or
(B) a debt buyback by an eligible country
of its own qualified debt, only if the eligible
country uses an additional amount of the local
115
currency of the eligible country, equal to not
less than 40 percent of the price paid for such
debt by such eligible country, or the difference
between the price paid for such debt and the
face value of such debt, to support activities
that link conservation and sustainable use of
natural resources with local community develop-
ment, and child survival and other child devel-
opment, in a manner consistent with sections
707 through 710 of the Foreign Assistance Act
of 1961, if the sale, reduction, or cancellation
would not contravene any term or condition of
any prior agreement relating to such loan.
(2) 
TERMS
AND
CONDITIONS.—Notwith-
standing any other provision of law, the President
shall, in accordance with this section, establish the
terms and conditions under which loans may be sold,
reduced, or canceled pursuant to this section.
(3) ADMINISTRATION.—The Facility, as defined
in section 702(8) of the Foreign Assistance Act of
1961, shall notify the administrator of the agency
primarily responsible for administering part I of the
Foreign Assistance Act of 1961 of purchasers that
the President has determined to be eligible, and
shall direct such agency to carry out the sale, reduc-
116
tion, or cancellation of a loan pursuant to this sec-
tion. Such agency shall make an adjustment in its
accounts to reflect the sale, reduction, or cancella-
tion.
(4) LIMITATION.—The authorities of this sub-
section shall be available only to the extent that ap-
propriations for the cost of the modification, as de-
fined in section 502 of the Congressional Budget Act
of 1974, are made in advance.
(b) DEPOSIT OF PROCEEDS.—The proceeds from the
sale, reduction, or cancellation of any loan sold, reduced,
or canceled pursuant to this section shall be deposited in
the United States Government account or accounts estab-
lished for the repayment of such loan.
(c) ELIGIBLE PURCHASERS.—A loan may be sold
pursuant to subsection (a)(1)(A) only to a purchaser who
presents plans satisfactory to the President for using the
loan for the purpose of engaging in debt-for-equity swaps,
debt-for-development swaps, or debt-for-nature swaps.
(d) DEBTOR CONSULTATIONS.—Before the sale to
any eligible purchaser, or any reduction or cancellation
pursuant to this section, of any loan made to an eligible
country, the President should consult with the country
concerning the amount of loans to be sold, reduced, or
117
canceled and their uses for debt-for-equity swaps, debt-
for-development swaps, or debt-for-nature swaps.
(e) AVAILABILITY OF FUNDS.—The authority pro-
vided by subsection (a) may be used only with regard to
funds appropriated by this Act under the heading ‘‘Debt
Restructuring’’.
CAMBODIA
SEC. 570. The Secretary of the Treasury should in-
struct the United States executive directors of the inter-
national financial institutions to use the voice and vote
of the United States to oppose loans to the Central Gov-
ernment of Cambodia, except loans to support basic
human needs.
CUBA
SEC. 571. None of the funds appropriated by this Act
under the heading ‘‘International Narcotics Control and
Law Enforcement’’ may be made available for assistance
to the Government of Cuba.
COMPETITION IN CONTRACTING
SEC. 572. None of the funds appropriated in this Act
to support the programs of the United States Agency for
International Development in Iraq and none of the funds
appropriated in Public Law 108–11 under the heading
‘‘Iraq Relief and Reconstruction Fund’’ may be made
available to enter into any contract or follow-on contract
118
that uses other than full and open competitive contracting
procedures as defined in 41 U.S.C. 403(6).
DISASTER SURGE CAPACITY
SEC. 573. Funds appropriated by this Act to carry
out part I of the Foreign Assistance Act of 1961 may be
used, in addition to funds otherwise available for such pur-
poses, for the cost (including the support costs) of individ-
uals detailed to or employed by the United States Agency
for International Development whose primary responsi-
bility is to carry out programs to address natural or man-
made disasters or programs under the heading ‘‘Transi-
tion Initiatives’’.
AUTHORIZATION
SEC. 574. The Secretary of the Treasury may, to ful-
fill commitments of the United States, contribute on be-
half of the United States to the sixth replenishment of
the resources of the International Fund for Agricultural
Development. The following amount is authorized to be
appropriated without fiscal year limitation for payment by
the Secretary of the Treasury: $45,000,000 for the Inter-
national Fund for Agricultural Development.
PHILIPPINE EDUCATION AND HEALTH INFRASTRUCTURE
SEC. 575. Of the funds appropriated under ‘‘Eco-
nomic Support Fund’’ for the Philippines in Public Law
108–11, the Emergency Wartime Supplemental Appro-
119
priations Act, 2003, $600,000 shall be available only for
upgrading education and health infrastructure in the Sulu
Archipelago.
BASIC EDUCATION
SEC. 576. Of the funds appropriated by title II of
this Act, not less than $350,000,000 shall be made avail-
able for basic education: Provided, That of the funds made
available pursuant to this section, not less than
$91,500,000 should be from funds appropriated under the
heading ‘‘Economic Support Fund’’: Provided further,
That the Secretary of State, in consultation with the Ad-
ministrator of the United States Agency for International
Development (USAID), shall submit a report not later
than 120 days after enactment of this Act articulating a
strategy for the use of basic education funds in Africa,
East Asia and the Pacific, the Near East, South Asia, and
the Western Hemisphere (excluding the United States) to
include—
(1) country strategies and brief project descrip-
tions of the uses and proposed uses of all United
States Government resources for basic education
overseas;
(2) a detailed description of the administrative
structure currently in place to manage strategic co-
ordination undertaken among the State Department,
120
USAID and other agencies involved in international
basic education activities; and
(3) a description of actions being taken to ex-
pand the administrative capacity of both USAID
and the State Department to deliver effective ex-
panded basic education programs.
PARTICIPATION
IN
THE
THIRTEENTH
REPLENISHMENT
OF THE RESOURCES OF THE INTERNATIONAL DE-
VELOPMENT ASSOCIATION
SEC. 577. The International Development Associa-
tion Act (22 U.S.C. 284–284s) is amended by adding at
the end the following:
‘‘SEC. 22. THIRTEENTH REPLENISHMENT.
‘‘(a) CONTRIBUTION AUTHORITY.—
‘‘(1) IN
GENERAL.—The United States Gov-
ernor of the Association may contribute on behalf of
the United States an amount equal to the amount
appropriated under subsection (b), pursuant to the
resolution of the Association entitled ‘Additions to
IDA Resources: Thirteenth Replenishment’.
‘‘(2) SUBJECT TO APPROPRIATIONS.—Any com-
mitment to make the contribution authorized by
paragraph (1) shall be effective only to such extent
or in such amounts as are provided in advance in
appropriations Acts.
121
‘‘(b) LIMITATIONS ON AUTHORIZATION OF APPRO-
PRIATIONS.—For the contribution authorized by sub-
section (a), there are authorized to be appropriated such
sums as may be necessary for payment by the Secretary
of the Treasury, without fiscal year limitation.’’.
ADMINISTRATIVE PROVISIONS RELATED TO
MULTILATERAL DEVELOPMENT INSTITUTIONS
SEC. 578. Title XV of the International Financial In-
stitutions Act (22 U.S.C. 262o—262o–2) is amended by
adding at the end the following:
‘‘SEC. 1504. ADMINISTRATIVE PROVISIONS.
‘‘(a) ACHIEVEMENT OF CERTAIN POLICY GOALS.—
The Secretary of Treasury should instruct the United
States Executive Director at each multilateral develop-
ment institution to inform the institution of the following
United States policy goals, and to work toward achieving
the goals at the institution before June 30, 2005:
‘‘(1) No later than 60 calendar days after the
Board of Directors of the institution approves the
minutes of a Board meeting, the institution shall
post on its website an electronic version of the min-
utes, with material deemed too sensitive for public
distribution redacted.
‘‘(2) The institution shall keep a written tran-
script or electronic recording of each meeting of its
122
Board of Directors and preserve the transcript or re-
cording for at least 10 years after the meeting.
‘‘(3) All public sector loan documents, country
assistance strategies, sector strategies, and sector
policies prepared by the institution and presented for
endorsement or approval by its Board of Directors,
with materials deemed too sensitive for public dis-
tribution redacted or withheld, shall be made avail-
able to the public 15 calendar days before consider-
ation by the Board or, if not then available, when
the documents are distributed to the Board.
‘‘(4) The institution shall post on its website an
annual report containing statistical summaries and
case studies of the fraud and corruption cases pur-
sued by its investigations unit.
‘‘(5) The institution shall require that any
health, education, or poverty-focused loan, credit,
grant, document, policy, or strategy prepared by the
institution includes specific outcome and output indi-
cators to measure results, and that the indicators
and results be published periodically during the exe-
cution, and at the completion, of the project or pro-
gram.
‘‘(b) PUBLICATION OF WRITTEN STATEMENTS RE-
GARDING INSPECTION MECHANISM CASES.—No later
123
than 60 calendar days after a meeting of the Board of
Directors of a multilateral development institution, the
Secretary of the Treasury should provide for publication
on the website of the Department of the Treasury of any
written statement presented at the meeting by the United
States Executive Director at the institution concerning—
‘‘(1) a project on which a claim has been made
to the inspection mechanism of the institution; or
‘‘(2) a pending inspection mechanism case.
‘‘(c) CONGRESSIONAL BRIEFINGS.—At the request of
the Committee on Financial Services of the House of Rep-
resentatives or the Committee on Foreign Relations of the
Senate, the Secretary of the Treasury or the designee of
the Secretary should brief the requesting committee on the
steps that have been taken by the United States Executive
Director at any multilateral development institution, and
by any such institution, to implement the measures de-
scribed in this section.
‘‘(d) PUBLICATION OF ‘NO’ VOTES AND ABSTEN-
TIONS BY THE UNITED STATES.—Each month, the Sec-
retary of the Treasury should provide for posting on the
website of the Department of the Treasury of a record
of all ‘no’ votes and abstentions made by the United States
Executive Director at any multilateral development insti-
124
tution on any matter before the Board of Directors of the
institution.
‘‘(e) MULTILATERAL DEVELOPMENT INSTITUTION
DEFINED.—In this section, the term ‘multilateral develop-
ment institution’ shall have the meaning given in section
1701(c)(3).’’.
PARTICIPATION IN THE SEVENTH REPLENISHMENT OF
THE RESOURCES OF THE ASIAN DEVELOPMENT FUND
SEC. 579. The Asian Development Bank Act (22
U.S.C. 285–285aa) is amended by adding at the end the
following:
‘‘SEC. 31. ADDITIONAL CONTRIBUTION TO SPECIAL FUNDS.
‘‘(a) CONTRIBUTION AUTHORITY.—
‘‘(1) IN
GENERAL.—The United States Gov-
ernor of the Bank may contribute on behalf of the
United States an amount equal to the amount ap-
propriated under subsection (b), pursuant to the res-
olution of the Bank entitled ‘Seventh Replenishment
of the Asian Development Fund’.
‘‘(2) SUBJECT TO APPROPRIATIONS.—Any com-
mitment to make the contribution authorized by
paragraph (1) shall be effective only to such extent
or in such amounts as are provided in advance in
appropriations Acts.
‘‘(b) LIMITATIONS ON AUTHORIZATION OF APPRO-
PRIATIONS.—For the contribution authorized by sub-
125
section (a), there are authorized to be appropriated such
sums as may be necessary for payment by the Secretary
of the Treasury, without fiscal year limitation.’’.
PARTICIPATION IN THE NINTH REPLENISHMENT OF THE
RESOURCES OF THE AFRICAN DEVELOPMENT FUND
SEC. 580. The African Development Fund Act (22
U.S.C. 290g—290g–15) is amended by adding at the end
the following:
‘‘SEC. 217. NINTH REPLENISHMENT.
‘‘(a) CONTRIBUTION AUTHORITY.—
‘‘(1) IN
GENERAL.—The United States Gov-
ernor of the Fund may contribute on behalf of the
United States an amount equal to the amount ap-
propriated under subsection (b), pursuant to the res-
olution of the Fund entitled ‘The Ninth General Re-
plenishment of Resources of the African Develop-
ment Fund’.
‘‘(2) SUBJECT TO APPROPRIATIONS.—Any com-
mitment to make the contribution authorized by
paragraph (1) shall be effective only to such extent
or in such amounts as are provided in advance in
appropriations Acts.
‘‘(b) LIMITATIONS ON AUTHORIZATION OF APPRO-
PRIATIONS.—For the contribution authorized by sub-
section (a), there are authorized to be appropriated such
126
sums as may be necessary for payment by the Secretary
of the Treasury, without fiscal year limitation.’’.
EFFORTS BY NORTH KOREA RELATING TO THE
PROLIFERATION OF NUCLEAR WEAPONS
SEC. 581. It is the sense of Congress that the Presi-
dent should utilize all diplomatic options to ensure that
the Government of the Democratic People’s Republic of
Korea does not engage in efforts relating to the prolifera-
tion of nuclear weapons.
SEC. 582. None of the funds made available in this
Act may be used by the State Department to support an
application under section 501 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861) for an order
requiring the production of library circulation records, li-
brary patron lists, library Internet records, bookseller
sales records, or bookseller customer lists.
This Act may be cited as the ‘‘Foreign Operations,
Export Financing, and Related Programs Appropriations
Act, 2004’’.
Passed the House of Representatives July 24 (legis-
lative day, July 23), 2003.
Attest:
Clerk.
108TH CONGRESS
1ST SESSION
H. R. 2800
AN ACT
Making appropriations for foreign operations, ex-
port financing, and related programs for the fis-
cal year ending September 30, 2004, and for
other purposes.