154 
cause of the operation of any provision of law, shall be 
transferred to the ‘‘CHILD SURVIVAL AND HEALTH 
PROGRAMS FUND’’ account and shall be made avail-
able for family planning, maternal, and reproductive 
health activities, subject to the regular notification proce-
dures of the Committees on Appropriations. 
(c) PROHIBITION ON USE OF FUNDS IN CHINA.— 
None of the funds made available under this Act may be 
used by UNFPA for a country program in the People’s 
Republic of China. 
(d) CONDITIONS
ON AVAILABILITY
OF FUNDS.— 
Amounts made available under this Act for UNFPA may 
not be made available to UNFPA unless— 
(1) UNFPA maintains amounts made available 
to UNFPA under this section in an account separate 
from other accounts of UNFPA; 
(2) UNFPA does not commingle amounts made 
available to UNFPA under this section with other 
sums; and 
(3) UNFPA does not fund abortions. 
(e) REPORT TO CONGRESS AND DOLLAR-FOR-DOL-
LAR WITHHOLDING OF FUNDS.— 
(1) Not later than four months after the date 
of enactment of this Act, the Secretary of State shall 
submit a report to the appropriate Congressional
155 
committees indicating the amount of funds that the 
UNFPA is budgeting for the year in which the re-
port is submitted for a country program in the Peo-
ple’s Republic of China. 
(2) If a report under subparagraph (d) indi-
cates that the UNFPA plans to spend funds for a 
country program in the People’s Republic of China 
in the year covered by the report, then the amount 
of such funds that the UNFPA plans to spend in 
the People’s Republic of China shall be deducted 
from the funds made available to the UNFPA after 
March 1 for obligation for the remainder of the fis-
cal year in which the report is submitted. 
(f) Nothing in this section shall be construed to limit 
the authority of the President to deny funds to any organi-
zation by reason of the application of another provision 
of this Act or any other provision of law. 
WAR CRIMINALS 
SEC. 661. (a)(1) None of the funds appropriated or 
otherwise made available under titles II through V of this 
Act may be made available for assistance, and the Sec-
retary of the Treasury shall instruct the United States Ex-
ecutive Director at each international financial institution 
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
156 
authorities have failed, as determined by the Secretary of 
State, to take necessary and significant steps to imple-
ment its 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 
authorities 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 ten 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
157 
(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 
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.
158 
(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. 
USER FEES 
SEC. 662. 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, treatment and care efforts for HIV/AIDS, malaria, 
tuberculosis, and infant, child, and maternal well-being, 
in connection with the institutions’ financing programs. 
FUNDING FOR SERBIA 
SEC. 663. (a) Funds appropriated by this Act may 
be made available for assistance for the central Govern-
159 
ment of Serbia and the Government of Montenegro after 
May 31, 2008, if the President has made the determina-
tion and certification contained in subsection (c). 
(b) After May 31, 2008, the Secretary of the Treas-
ury should instruct the United States Executive Director 
at each international financial institution to support loans 
and assistance to the Government of Serbia and Govern-
ment of Montenegro subject to the conditions in sub-
section (c): Provided, That section 576 of the Foreign Op-
erations, Export Financing, and Related Programs Appro-
priations Act, 1997, as amended, shall not apply to the 
provision of loans and assistance to the Governments of 
Serbia and Montenegro through international financial in-
stitutions. 
(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 Serbia and the Government of Montenegro 
is— 
(1) cooperating with the International Criminal 
Tribunal for the former Yugoslavia including access 
for investigators, the provision of documents, timely 
information on the location, travel, and sources of fi-
nancial support of indictees, and the surrender and
160 
transfer of indictees or assistance in their apprehen-
sion, including 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. 
(d) This section shall not apply to Kosovo and Monte-
negro, humanitarian assistance or assistance to promote 
democracy. 
COMMUNITY-BASED POLICE ASSISTANCE 
SEC. 664. (a) AUTHORITY.—Funds made available 
by title III of this Act to carry out the provisions of chap-
ter 1 of part I and chapter 4 of part II of the Foreign 
Assistance Act of 1961, may be used, notwithstanding sec-
tion 660 of that Act, to enhance the effectiveness and ac-
countability of civilian police authority through training 
and technical assistance in human rights, the rule of law, 
strategic planning, and through assistance to foster civil-
ian police roles that support democratic governance in-
cluding assistance for programs to prevent conflict, re-
spond to disasters, address gender-based violence, and fos-
161 
ter improved police relations with the communities they 
serve. 
(b) NOTIFICATION.—Assistance provided under sub-
section (a) shall be subject to prior consultation with, and 
the regular notification procedures of, the Committees on 
Appropriations. 
SPECIAL DEBT RELIEF FOR THE POOREST 
SEC. 665. (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; 
(2) credits extended or guarantees issued under 
the Arms Export Control Act; or 
(3) any obligation or portion of such obligation, 
to pay for purchases of United States agricultural 
commodities guaranteed by the Commodity Credit 
Corporation under export credit guarantee programs 
authorized pursuant to section 5(f) of the Com-
modity Credit Corporation Charter Act of June 29, 
1948, as amended, section 4(b) of the Food for 
Peace Act of 1966, as amended (Public Law 89– 
808), or section 202 of the Agricultural Trade Act 
of 1978, as amended (Public Law 95–501). 
(b) LIMITATIONS.—
162 
(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. 
(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;
163 
(4) does not engage in a consistent pattern of 
gross violations of internationally recognized human 
rights (including its military or other security 
forces); 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 
the funds appropriated by this Act under the heading 
‘‘DEBT RESTRUCTURING’’. 
(e) CERTAIN PROHIBITIONS INAPPLICABLE.—A re-
duction of debt pursuant to subsection (a) shall not be 
considered assistance for the purposes of any provision of 
law limiting assistance to a country. The authority pro-
vided by subsection (a) may be exercised notwithstanding 
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. 666. (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
164 
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 
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.
165 
(2) TERMS AND CONDITIONS.—Notwithstanding 
any other provision of law, the President shall, in ac-
cordance 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-
tion, or cancellation of a loan pursuant to this sec-
tion. Such agency shall make adjustment in its ac-
counts to reflect the sale, reduction, or cancellation. 
(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.