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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
UNFPA for a country program in the People’s Republic
of China.
(d) CONDITIONS
ON
AVAILABILITY
OF
FUNDS.—
Amounts made available under ‘‘International Organiza-
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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
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
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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
(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