112
HR 4818 PP 
(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
113
HR 4818 PP 
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.
114
HR 4818 PP 
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-
115
HR 4818 PP 
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, including making all prac-
ticable efforts to apprehend and transfer Ratko 
Mladic; 
(2) taking steps that are consistent with the 
Dayton Accords to end Serbian financial, political, 
security and other support which has served to 
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, assistance to promote