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made available for assistance for the Government of 
Sudan. 
(B) 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. 
(2) Subsection (b)(1) shall not apply if the Secretary 
of State determines and certifies to the Committees on Ap-
propriations that: 
(A) The Government of Sudan honors its 
pledges to cease attacks upon civilians and disarms 
and demobilizes the Janjaweed and other govern-
ment-supported militias. 
(B) The Government of Sudan and all govern-
ment-supported militia groups are honoring their 
commitments made in all previous cease-fire agree-
ments. 
(C) The Government of Sudan is allowing 
unimpeded access to Darfur to humanitarian aid or-
ganizations, the human rights investigation and hu-
manitarian teams of the United Nations, including 
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protection officers, and an international monitoring 
team that is based in Darfur and has the support 
of the United States. 
(3) EXCEPTIONS.—The provisions of subsection 
(b)(1) shall not apply to— 
(A) humanitarian assistance; 
(B) assistance for the Darfur region, Southern 
Sudan, Southern Kordofan/Nuba Mountains State, 
Blue Nile State, and Abyei; and 
(C) assistance to support implementation of the 
Comprehensive Peace Agreement and the Darfur 
Peace Agreement or any other internationally-recog-
nized viable peace agreement in Sudan. 
(4) DEFINITIONS.—For the purposes of this Act, the 
term ‘‘Government of Sudan’’ shall not include the Gov-
ernment of Southern Sudan. 
(5) Notwithstanding any other law, assistance in this 
Act may be made available to the Government of Southern 
Sudan to provide non-lethal military assistance, military 
education and training, and defense services controlled 
under the International Traffic in Arms Regulations (22 
CRF 120.1 et seq.) if the Secretary of State— 
(A) determines that the provision of such items 
is in the national interest of the United States; and 
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(B) not later than 15 days before the provision 
of any such assistance, notifies the Committees on 
Appropriations of such determination. 
(c) HORN OF AFRICA AND PAN SAHEL PROGRAM.— 
Funds appropriated under the heading ‘‘Economic Sup-
port Fund’’ in this Act that are made available for pro-
grams and activities to counter extremism in the Horn of 
Africa and the Pan Sahel region of Africa, shall be admin-
istered by the United States Agency for International De-
velopment, and are in addition to funds otherwise made 
available for such purposes. 
(d) WAR CRIMES IN AFRICA.— 
(1) The Congress reaffirms its support for the 
efforts of the International Criminal Tribunal for 
Rwanda (ICTR) and the Special Court for Sierra 
Leone (SCSL) to bring to justice individuals respon-
sible for war crimes and crimes against humanity in 
a timely manner. 
(2) Funds appropriated by this Act, including 
funds for debt restructuring, may be made available 
for assistance for the central government of a coun-
try in which individuals indicted by ICTR and SCSL 
are credibly alleged to be living, if the Secretary of 
State determines and reports to the Committees on 
Appropriations that such government is cooperating 
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with ICTR and SCSL, including the surrender and 
transfer of indictees in a timely manner: Provided, 
That this subsection shall not apply to assistance 
provided under section 551 of the Foreign Assist-
ance Act of 1961 or to project assistance under title 
VI of this Act: Provided further, That the United 
States shall use its voice and vote in the United Na-
tions Security Council to fully support efforts by 
ICTR and SCSL to bring to justice individuals in-
dicted by such tribunals in a timely manner. 
(3) The prohibition in subsection (2) may be 
waived on a country-by-country basis if the Presi-
dent determines that doing so is in the national se-
curity interest of the United States: Provided, That 
prior to exercising such waiver authority, the Presi-
dent shall submit a report to the Committees on Ap-
propriations, in classified form if necessary, on— 
(A) the steps being taken to obtain the co-
operation of the government in surrendering the 
indictee in question to the court of jurisdiction; 
(B) a strategy, including a timeline, for 
bringing the indictee before such court; and 
(C) the justification for exercising the 
waiver authority. 
(e) ZIMBABWE.— 
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