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23(a) of the Arms Export Control Act may be used to pro-
vide financing to Israel, Egypt and NATO and major non-
NATO allies for the procurement by leasing (including leas-
ing with an option to purchase) of defense articles from
United States commercial suppliers, not including Major
Defense Equipment (other than helicopters and other types
of aircraft having possible civilian application), if the
President determines that there are compelling foreign pol-
icy or national security reasons for those defense articles
being provided by commercial lease rather than by govern-
ment-to-government sale under such Act.
WAR CRIMINALS
SEC. 676. (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 directors 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 authorities have failed, as
determined by the Secretary of State, to take necessary and
significant steps to implement its international legal obli-
gations to apprehend and transfer to the International
Criminal Tribunal for the former Yugoslavia (the ‘‘Tri-
bunal’’) all persons in their territory who have been in-
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dicted 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 appro-
priate congressional committees that the competent authori-
ties 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 trans-
fer of indictees or assistance in their apprehension;
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 Ap-
propriations a written justification for the proposed assist-
ance, including an explanation of the United States posi-
tion regarding any such vote, as well as a description of
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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 Inter-
national Development, and the Secretary of the Treasury
shall consult with representatives of human rights organiza-
tions and all government agencies with relevant informa-
tion to help prevent indicted war criminals from benefiting
from any financial or technical assistance or grants pro-
vided 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 Bos-
nia and Herzegovina, Croatia and Serbia.
(2) ENTITY.—The term ‘‘entity’’ refers to the
Federation of Bosnia and Herzegovina, Kosovo, Mon-
tenegro and the Republika Srpska.
(3) MUNICIPALITY.—The term ‘‘municipality’’
means a city, town or other subdivision within a
country or entity as defined herein.
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(4) DAYTON ACCORDS.—The term ‘‘Dayton Ac-
cords’’ means the General Framework Agreement for
Peace in Bosnia and Herzegovina, together with an-
nexes relating thereto, done at Dayton, November 10
through 16, 1995.
USER FEES
SEC. 677. The Secretary of the Treasury shall instruct
the United States Executive Director at each international
financial institution (as defined in section 1701(c)(2) of the
International Financial Institutions Act) and the Inter-
national Monetary Fund to oppose any loan, grant, strat-
egy or policy of these institutions that would require user
fees or service charges on poor people for primary education
or primary healthcare, including prevention and treatment
efforts for HIV/AIDS, malaria, tuberculosis, and infant,
child, and maternal well-being, in connection with the in-
stitutions’ financing programs.
FUNDING FOR SERBIA
SEC. 678. (a) Funds appropriated by this Act may
be made available for assistance for Serbia after March 31,
2004, if the President has made the determination and cer-
tification contained in subsection (c).
(b) After March 31, 2004, the Secretary of the Treasury
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
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Yugoslavia (or a government of a successor state) subject
to the conditions in subsection (c): Provided, That section
576 of the Foreign Operations, Export Financing, and Re-
lated Programs Appropriations Act, 1997, as amended,
shall not apply to the provision of loans and assistance to
the Federal Republic of Yugoslavia (or a successor 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, including Ratko
Mladic, 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 main-
tain 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 Ser-
bian jails and prisons.