Page:United States Statutes at Large Volume 118.djvu/3050

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118 STAT. 3020 PUBLIC LAW 108–447—DEC. 8, 2004 that are available for UNFPA, that are not made available for UNFPA because of the operation of any provision of law, shall be transferred to ‘‘Child Survival and Health Programs Fund’’ and shall be made available for family planning, maternal, and repro ductive health activities, subject to the regular notification proce dures of the Committees on Appropriations. (c) REPROGRAMMING OF FUNDS.—Of the funds appropriated in Public Law 108–199 that were available for the UNFPA, $12,500,000 shall be made available for anti trafficking programs: Provided, That of the funds appropriated in Public Law 108–199 that were available for the UNFPA, $12,500,000 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, Ethi opia, Georgia, Haiti, Kazakhstan, Kenya, Nigeria, Romania, Russia, Rwanda, Tanzania, Uganda, and the Ukraine: Provided further, 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’’ for fiscal year 2005 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. WAR CRIMINALS SEC. 561. (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 Applicability. Family planning.