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(5) taking steps to fund and implement pro-
grams and policies to improve transparency and 
anti-corruption programs and procurement and fi-
nancial management controls in recipient countries. 
(b) DEFINITIONS.—The term ‘‘International Finan-
cial Institutions’’ means the International Bank for Re-
construction and Development, the International Develop-
ment Association, the International Finance Corporation, 
the Inter-American Development Bank, the Inter-Amer-
ican Investment Corporation, the Enterprise for the Amer-
icas Multilateral Investment Fund, the Asian Development 
Bank, the Asian Development Fund, the African Develop-
ment Bank, the African Development Fund, the European 
Bank for Reconstruction and Development, and the Inter-
national Monetary Fund. 
WAR CRIMINALS 
SEC. 563. (a)(1) None of the funds appropriated or 
otherwise made available pursuant to this Act may be 
made available for assistance, and the Secretary of the 
Treasury shall instruct the United States executive direc-
tors to the international financial institutions to vote 
against any new project involving the extension by such 
institutions of any financial or technical assistance, to any 
country, entity, or municipality whose competent authori-
ties have failed, as determined by the Secretary of State, 
to take necessary and significant steps to implement its
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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
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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.
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(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).
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(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
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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.
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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.
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(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
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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
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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-
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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
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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
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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-
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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,
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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.
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‘‘(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
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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
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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-
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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-
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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
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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: 
JEFF TRANDAHL, 
Clerk.
Calendar No. 227
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. 
JULY 24 (legislative day, JULY 21), 2003
Received; read twice and placed on the calendar