Page:United States Statutes at Large Volume 119.djvu/2246

 119 STAT. 2228

PUBLIC LAW 109–102—NOV. 14, 2005

bring together individuals of different ethnic, religious, and political backgrounds from areas of civil conflict and war. SUDAN

Certification.

VerDate 14-DEC-2004

13:51 Oct 26, 2006

SEC. 569. (a) AVAILABILITY OF FUNDS.—Of the funds appropriated under the heading ‘‘Development Assistance’’ up to $70,000,000 may be made available for assistance for Sudan, of which not to exceed $6,000,000 may be made available for administrative expenses of the United States Agency for International Development associated with assistance programs for Sudan. (b) LIMITATION ON ASSISTANCE.—Subject to subsection (c): (1) Notwithstanding section 501(a) of the International Malaria Control Act of 2000 (Public Law 106–570) or any other provision of law, none of the funds appropriated by this Act may be made available for assistance for the Government of Sudan. (2) None of the funds appropriated by this Act may be made available for the cost, as defined in section 502, of the Congressional Budget Act of 1974, of modifying loans and loan guarantees held by the Government of Sudan, including the cost of selling, reducing, or canceling amounts owed to the United States, and modifying concessional loans, guarantees, and credit agreements. (c) Subsection (b) shall not apply if the Secretary of State determines and certifies to the Committees on Appropriations that— (1) the Government of Sudan has taken significant steps to disarm and disband government-supported militia groups in the Darfur region; (2) the Government of Sudan and all government-supported militia groups are honoring their commitments made in the cease-fire agreement of April 8, 2004; and (3) the Government of Sudan is allowing unimpeded access to Darfur to humanitarian aid organizations, the human rights investigation and humanitarian teams of the United Nations, including protection officers, and an international monitoring team that is based in Darfur and that has the support of the United States. (d) EXCEPTIONS.—The provisions of subsection (b) shall not apply to— (1) humanitarian assistance; (2) assistance for Darfur and for areas outside the control of the Government of Sudan; and (3) assistance to support implementation of the Comprehensive Peace Agreement. (e) DEFINITIONS.—For the purposes of this Act and section 501 of Public Law 106–570, the terms ‘‘Government of Sudan’’, ‘‘areas outside of control of the Government of Sudan’’, and ‘‘area in Sudan outside of control of the Government of Sudan’’ shall have the same meaning and application as was the case immediately prior to June 5, 2004, and, Southern Kordofan/Nuba Mountains State, Blue Nile State and Abyei shall be deemed ‘‘areas outside of control of the Government of Sudan’’.

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