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rorist acts: Provided, That such certification shall also re-
quire that the proposed recipient will implement reasonable 
monitoring and oversight procedure to safeguard against 
assistance being diverted to support terrorist activity. 
(d) PROHIBITION.—None of the funds appropriated by 
this Act for assistance under the West Bank and Gaza pro-
gram may be made available for the purpose of recognizing 
or otherwise honoring individuals who commit, or have 
committed, acts of terrorism. 
(e) 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 subcontractors and subgrantees, 
under the West Bank and Gaza Program, 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 avail-
able for assistance for the West Bank and Gaza, up to 
$1,000,000 may be used by the Office of the Inspector Gen-
eral of the United States Agency for International Develop-
ment for audits, inspections, and other activities in further-
ance of the requirements of this subsection. Such funds are 
in addition to funds otherwise available for such purposes.
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CONTRIBUTIONS TO UNITED NATIONS POPULATION FUND 
SEC. 5060. (a) LIMITATIONS ON AMOUNT OF CON-
TRIBUTION.—Of the amounts made available under ‘‘Inter-
national Organizations and Programs’’ and ‘‘Child Sur-
vival and Health Programs Fund’’ for fiscal year 2005, 
$34,000,000 shall be made available for the United Nations 
Population Fund (hereafter in this section referred to as 
the ‘‘UNFPA’’): Provided, That of this amount, not less 
than $25,000,000 shall be derived from funds appropriated 
under the heading ‘‘International Organizations and Pro-
grams’’. 
(b) REPROGRAMMING OF FUNDS.—Of the funds appro-
priated in Public Law 108–199 that were available for the 
UNFPA, $25,000,000 shall be made available for the family 
planning, maternal, and reproductive health activities of 
the United States Agency for International Development in 
Albania, Azerbaijan, the Democratic Republic of the Congo, 
Ethiopia, Georgia, Haiti, Kazakhstan, Kenya, Nigeria, Ro-
mania, Russia, Rwanda, Tanzania, Uganda, and the 
Ukraine: Provided, That such programs and activities shall 
be deemed to have been justified to Congress. 
(c) PROHIBITION ON USE OF FUNDS IN CHINA.—None 
of the funds made available under ‘‘International Organiza-
tions and Programs’’ may be made available for the
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UNFPA for a country program in the People’s Republic 
of China. 
(d) CONDITIONS
ON
AVAILABILITY
OF
FUNDS.—
Amounts made available under ‘‘International Organiza-
tions and Programs’’ for fiscal year 2005 for the UNFPA 
may not be made available to UNFPA unless—
(1) the UNFPA maintains amounts made avail-
able to the UNFPA under this section in an account 
separate from other accounts of the UNFPA; 
(2) the UNFPA does not commingle amounts 
made available to the UNFPA under this section with 
other sums; and 
(3) the UNFPA does not fund abortions. 
(e) AVAILABILITY
AND USE
OF FUNDS.—Funds appro-
priated under the heading ‘‘International Organizations 
and Programs’’ that are not made available for UNFPA 
because of the operation of any provision of law shall re-
main available until September 30, 2006: Provided, That 
funds made available pursuant to this section may not be 
used for any other purpose, notwithstanding the authority 
contained in sections 451, 610 and 614 of the Foreign As-
sistance Act of 1961, or any other provision of law unless 
specifically authorized in subsequent legislation. 
WAR CRIMINALS 
SEC. 5061. (a)(1) None of the funds appropriated or 
otherwise made available pursuant to this Act may be made
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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-
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
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(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 
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
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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. 
(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. 5062. 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-