Page:United States Statutes at Large Volume 119.djvu/2241

 PUBLIC LAW 109–102—NOV. 14, 2005

119 STAT. 2223

(b) AVAILABILITY OF FUNDS.—Funds appropriated under the heading ‘‘International Organizations and Programs’’ in this Act 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 reproductive health activities, subject to the regular notification procedures of the Committees on Appropriations. (c) PROHIBITION ON USE OF FUNDS IN CHINA.—None of the funds made available under ‘‘International Organizations 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 Organizations and Programs’’ for fiscal year 2006 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 available 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 necessary 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 humanitarian 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 documents, 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 proposed assistance, including an explanation of the United States position regarding any such vote, as well as a description of the

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