H. R. 2673—193
WEST BANK AND GAZA PROGRAM
SEC. 566. (a) OVERSIGHT.—For fiscal year 2004, 30 days prior
to the initial obligation of funds for the bilateral West Bank and
Gaza Program, the Secretary of State shall certify to the appropriate
committees of Congress that procedures have been established to
assure the Comptroller General of the United States will have
access to appropriate United States financial information in order
to review the uses of United States assistance for the Program
funded under the heading ‘‘Economic Support Fund’’ for the West
Bank and Gaza.
(b) VETTING.—Prior to the obligation of funds appropriated
by this Act under the heading ‘‘Economic Support Fund’’ for assist-
ance for the West Bank and Gaza, the Secretary of State shall
take all appropriate steps to ensure that such assistance is not
provided to or through any individual or entity that the Secretary
knows or has reason to believe advocates, plans, sponsors, engages
in, or has engaged in, terrorist activity. The Secretary of State
shall, as appropriate, establish procedures specifying the steps to
be taken in carrying out this subsection.
(c) AUDITS.—(1) The Administrator of the United States Agency
for International Development shall ensure that Federal or non-
Federal audits of all contractors and grantees, and significant sub-
contractors and subgrantees, under the West Bank and Gaza Pro-
gram, are conducted at least on an annual basis to ensure, among
other things, compliance with this section.
(2) Of the funds appropriated by this Act under the heading
‘‘Economic Support Fund’’ that are made available for assistance
for the West Bank and Gaza, up to $1,000,000 may be used by
the Office of the Inspector General of the United States Agency
for International Development for audits, inspections, and other
activities in furtherance of the requirements of this subsection.
Such funds are in addition to funds otherwise available for such
purposes.
CONTRIBUTIONS TO UNITED NATIONS POPULATION FUND
SEC. 567. (a) LIMITATIONS ON AMOUNT OF CONTRIBUTION.—
Of the amounts made available under ‘‘International Organizations
and Programs’’ and ‘‘Child Survival and Health Programs Fund’’
for fiscal year 2004, the amount cited in section 576 of Public
Law 107–115 shall be made available for the United Nations Popu-
lation Fund (hereafter in this section referred to as the ‘‘UNFPA’’).
(b) FAMILY PLANNING, MATERNAL AND REPRODUCTIVE HEALTH
ACTIVITIES.—Of the funds appropriated in Public Law 107–115
that were available for the UNFPA, including all funds that were
transferred to ‘‘Child Survival and Health Programs Fund’’,
$34,000,000 shall be made available for family planning, maternal
and reproductive health activities in the Democratic Republic of
the Congo, Ethiopia, Nigeria, Tanzania, Uganda, Haiti, Georgia,
Azerbaijan, Russia, Albania, Romania, and Kazakhstan: Provided,
That such programs and activities shall be deemed to have been
justified to Congress.
(c) TRAFFICKING INITIATIVE.—Of the funds appropriated in
Public Law 108–7 that were available for the UNFPA and that
were transferred to ‘‘Child Survival and Health Programs Fund’’,
$25,000,000 shall be allocated for assistance for ‘‘vulnerable chil-
dren’’ and made available for a new initiative for assistance for
H. R. 2673—194
young women, mothers and children who are victims of trafficking
in persons: Provided, That such programs and activities shall be
deemed to have been justified to Congress.
(d) PROHIBITION ON USE OF FUNDS IN CHINA.—None of the
funds made available under ‘‘International Organizations and Pro-
grams’’ may be made available for the UNFPA for a country pro-
gram in the People’s Republic of China.
(e) CONDITIONS ON AVAILABILITY OF FUNDS.—Amounts made
available under ‘‘International Organizations and Programs’’ and
‘‘Child Survival and Health Programs Fund’’ for fiscal year 2004
for the UNFPA may not be made available to UNFPA unless—
(1) the UNFPA maintains amounts made available to the
UNFPA under this section in an account separate from other
accounts of the UNFPA;
(2) the UNFPA does not commingle amounts made avail-
able to the UNFPA under this section with other sums; and
(3) the UNFPA does not fund abortions.
CENTRAL ASIA
SEC. 568. (a) Funds appropriated by this Act may be made
available for assistance for the central Government of Uzbekistan
only if the Secretary of State determines and reports to the Commit-
tees on Appropriations that the Government of Uzbekistan is
making substantial and continuing progress in meeting its commit-
ments under the ‘‘Declaration on the Strategic Partnership and
Cooperation Framework Between the Republic of Uzbekistan and
the United States of America’’, including respect for human rights,
establishing a genuine multi-party system, and ensuring free and
fair elections, freedom of expression, and the independence of the
media.
(b) Funds appropriated by this Act may be made available
for assistance for the Government of Kazakhstan only if the Sec-
retary of State determines and reports to the Committees on Appro-
priations that the Government of Kazakhstan has made significant
improvements in the protection of human rights during the pre-
ceding 6-month period.
(c) The Secretary of State may waive the requirements under
subsection (b) if he determines and reports to the Committees
on Appropriations that such a waiver is in the national security
interests of the United States.
(d) Not later than October 1, 2004, the Secretary of State
shall submit a report to the Committees on Appropriations and
the Committee on Foreign Relations of the Senate and the Com-
mittee on International Relations of the House of Representatives
describing the following:
(1) The defense articles, defense services, and financial
assistance provided by the United States to the countries of
Central Asia during the 6-month period ending 30 days prior
to submission of such report.
(2) The use during such period of defense articles, defense
services, and financial assistance provided by the United States
by units of the armed forces, border guards, or other security
forces of such countries.
(e) For purposes of this section, the term ‘‘countries of Central
Asia’’ means Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan,
and Turkmenistan.
H. R. 2673—195
DISCRIMINATION AGAINST MINORITY RELIGIOUS FAITHS IN THE
RUSSIAN FEDERATION
SEC. 569. None of the funds appropriated under this Act may
be made available for the Government of the Russian Federation,
after 180 days from the date of the enactment of this Act, unless
the President determines and certifies in writing to the Committees
on Appropriations that the Government of the Russian Federation
has implemented no statute, Executive order, regulation or similar
government action that would discriminate, or who have as its
principal effect discrimination, against religious groups or religious
communities in the Russian Federation in violation of accepted
international agreements on human rights and religious freedoms
to which the Russian Federation is a party.
WAR CRIMINALS
SEC. 570. (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 nec-
essary and significant steps to implement 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 humani-
tarian assistance or assistance for democratization.
(b) The provisions of subsection (a) shall apply unless the
Secretary of State determines and reports to the appropriate
congressional committees that the competent authorities of such
country, entity, or municipality are—
(1) cooperating with the Tribunal, including access for
investigators to archives and witnesses, the provision of docu-
ments, and the surrender and transfer of indictees or assistance
in their apprehension; and
(2) are acting consistently with the Dayton Accords.
(c) Not less than 10 days before any vote in an international
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 pro-
posed 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 relevant information to help prevent indicted war
criminals from benefiting from any financial or technical assistance
H. R. 2673—196
or grants provided to any country or entity described in subsection
(a).
(e) The Secretary of State may waive the application of sub-
section (a) with respect to projects within a country, entity, or
municipality upon a written determination to the Committees on
Appropriations 
that 
such 
assistance 
directly 
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 Accords’’ 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. 571. 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 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 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
institutions’ financing programs.
FUNDING FOR SERBIA
SEC. 572. (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 certification 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 Govern-
ment of the Federal Republic of Yugoslavia (or a government of
a successor state) subject to the conditions in subsection (c): Pro-
vided, That section 576 of the Foreign Operations, Export Financing,
and Related 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 or assistance in their apprehension, including