118 STAT. 4017 PUBLIC LAW 108–497—DEC. 23, 2004 ‘‘(F) permit the safe and voluntary return of displaced persons and refugees to their homes and rebuild the communities destroyed in the violence; and ‘‘(G) implement the final agreements reached in the Naivasha peace process and install a new coalition govern- ment based on the Nairobi Declaration on the Final Phase of Peace in the Sudan signed on June 5, 2004. ‘‘(3) CERTIFICATION WITH REGARD TO SPLM’S COMPLIANCE WITH A PEACE AGREEMENT.—If the President determines and certifies in writing to the appropriate congressional committees that the SPLM has not engaged in good faith negotiations, or has failed to honor the agreements signed, the President shall suspend assistance authorized in this section for the SPLM, except for health care, education, and humanitarian assistance. ‘‘(4) SUSPENSION OF ASSISTANCE.—If, on a date after the President transmits the certification described in paragraph (2), the President determines that the Government of Sudan has ceased taking the actions described in such paragraph, the President shall immediately suspend the provision of any assistance to such Government under this section until the date on which the President transmits to the appropriate congressional committees a further certification that the Government of Sudan has resumed taking such actions. ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) IN GENERAL.—In addition to any other funds other- wise available for such purposes, there are authorized to be appropriated to the President— ‘‘(i) $100,000,000 for fiscal year 2005, and such sums as may be necessary for each of the fiscal years 2006 and 2007, unless otherwise authorized, to carry out paragraph (1)(A); and ‘‘(ii) $200,000,000 for fiscal year 2005 to carry out paragraph (1)(B), provided that no amounts appro- priated under this authorization may be made avail- able for the Government of Sudan. ‘‘(B) AVAILABILITY.—Amounts appropriated pursuant to the authorization of appropriations under subparagraph (A) are authorized to remain available until expended. ‘‘(b) GOVERNMENT OF SUDAN DEFINED.—In this section, the term ‘Government of Sudan’ means the National Congress Party, formerly known as the National Islamic Front, government in Khar- toum, Sudan, or any successor government formed on or after the date of the enactment of the Comprehensive Peace in Sudan Act (other than the coalition government agreed upon in the Nairobi Declaration on the Final Phase of Peace in the Sudan signed on June 5, 2004).’’. (2) CONFORMING AMENDMENTS.—Section 3 of such Act (50 U.S.C. 1701 note) is amended— (A) in paragraph (2), by striking ‘‘The’’ and inserting ‘‘Except as provided in section 12, the’’; and (B) by adding at the end the following new paragraph: ‘‘(4) SPLM.—The term ‘SPLM’ means the Sudan People’s Liberation Movement.’’. (b) REPORTING AMENDMENT.—The Sudan Peace Act (50 U.S.C. 1701 note) is amended by striking section 8 and inserting the following: VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00551 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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