118 STAT. 4016 PUBLIC LAW 108–497—DEC. 23, 2004 humanity should not hold leadership positions in the Govern- ment of Sudan or the coalition government established pursuant to the agreements reached in the Nairobi Declaration on the Final Phase of Peace in the Sudan; and (10) the Government of Sudan has a primary responsibility to guarantee the safety and welfare of its citizens, which includes allowing them access to humanitarian assistance and providing them protection from violence. SEC. 5. AMENDMENTS TO THE SUDAN PEACE ACT. (a) ASSISTANCE FOR THE CRISIS IN DARFUR AND FOR COM- PREHENSIVE PEACE IN SUDAN.— (1) IN GENERAL.—The Sudan Peace Act (50 U.S.C. 1701 note) is amended by adding at the end the following new section: ‘‘SEC. 12. ASSISTANCE FOR THE CRISIS IN DARFUR AND FOR COM- PREHENSIVE PEACE IN SUDAN. ‘‘(a) ASSISTANCE.— ‘‘(1) AUTHORITY.—Notwithstanding any other provision of law, the President is authorized to provide assistance for Sudan as authorized in paragraph (5) of this section— ‘‘(A) subject to the requirements of this section, to support the implementation of a comprehensive peace agreement that applies to all regions of Sudan, including the Darfur region; and ‘‘(B) to address the humanitarian and human rights crisis in the Darfur region and eastern Chad, including to support the African Union mission in the Darfur region, provided that no assistance may be made available to the Government of Sudan. ‘‘(2) CERTIFICATION FOR THE GOVERNMENT OF SUDAN.— Assistance authorized under paragraph (1)(A) may be provided to the Government of Sudan only if the President certifies to the appropriate congressional committees that the Govern- ment of Sudan has taken demonstrable steps to— ‘‘(A) ensure that the armed forces of Sudan and any associated militias are not committing atrocities or obstructing human rights monitors or the provision of humanitarian assistance; ‘‘(B) demobilize and disarm militias supported or cre- ated by the Government of Sudan; ‘‘(C) allow full and unfettered humanitarian assistance to all regions of Sudan, including the Darfur region; ‘‘(D) allow an international commission of inquiry to conduct an investigation of atrocities in the Darfur region, in a manner consistent with United Nations Security Council Resolution 1564 (September 18, 2004), to inves- tigate reports of violations of international humanitarian law and human rights law in the Darfur region by all parties, to determine also whether or not acts of genocide have occurred and to identify the perpetrators of such violations with a view to ensuring that those responsible are held accountable; ‘‘(E) cooperate fully with the African Union, the United Nations, and all other observer, monitoring, and protection missions mandated to operate in Sudan; President. 50 USC 1701 note. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00550 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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