118 STAT. 3025 PUBLIC LAW 108–447—DEC. 8, 2004 RECONCILIATION PROGRAMS SEC. 568. Of the funds appropriated under the heading ‘‘Eco nomic Support Fund’’, not less than $12,000,000 shall be made available to support reconciliation programs and activities which bring together individuals of different ethnic, religious, and political backgrounds from areas of civil conflict and war. SUDAN SEC. 569. (a) AVAILABILITY OF FUNDS.—Of the funds appro priated by title II of this Act, not less than $311,000,000 should be made available for assistance 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; and (2) assistance for Darfur and for areas outside the control of the Government of Sudan. (e) NOTIFICATION.—Not more than $45,000,000 of the funds appropriated by this Act under the headings ‘‘International Disaster and Famine Assistance’’ and ‘‘Transition Initiatives’’ may be made available for assistance for Sudan outside of the Darfur region unless written notice has been provided to the Committees on Appropriations not less than 5 days prior to the obligation of such funds. (f) 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, with regard to assistance in support of Deadline. Certification.
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