109TH CONGRESS 

2D SESSION H. R. 3127

AN ACT

To impose sanctions against individuals responsible for genocide, war crimes, and crimes against humanity, to support measures for the protection of civilians and humanitarian operations, and to support peace efforts in the 

Darfur region of Sudan, and for other purposes.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Darfur Peace and Accountability Act of 2006’’ . 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows:

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Findings. 

Sec. 4. Sense of Congress. 

Sec. 5. Sanctions in support of peace in Darfur. 

Sec. 6. Additional authorities to deter and suppress genocide in Darfur. 

Sec. 7. Multilateral efforts. 

Sec. 8. Continuation of restrictions. 

Sec. 9. Assistance efforts in Sudan. 

Sec. 10. Reports. 

Sec. 11. Rule of construction.

8 SEC. 2. DEFINITIONS. 

9 In this Act: 

10 (1) APPROPRIATE CONGRESSIONAL COMMIT11 TEES.—The term ‘‘appropriate congressional com12 mittees’’ means the Committee on International Re13 lations of the House of Representatives and the 

14 Committee on Foreign Relations of the Senate. 

15 (2) GOVERNMENT OF SUDAN.—

16 (A) IN GENERAL.—The term ‘‘Government 

17 of Sudan’’ means the National Congress Party, 

18 formerly known as the National Islamic Front, 

19 led-government in Khartoum, Sudan, or any 

20 successor government formed on or after the 
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1 date of the enactment of this Act (including the 

2 coalition National Unity Government agreed 

3 upon in the Comprehensive Peace Agreement 

4 for Sudan), except that such term does not in5 clude the regional Government of Southern 

6 Sudan. 

7 (B) OFFICIALS OF THE GOVERNMENT OF

8 SUDAN.—The term ‘‘Government of Sudan’’, 

9 when used with respect to an official of the 

10 Government of Sudan, does not include an indi11 vidual—

12 (I) who was not a member of such 

13 government prior to July 1, 2005; or 

14 (ii) who is a member of the regional 

15 Government of Southern Sudan. 

16 (3) COMPREHENSIVE PEACE AGREEMENT FOR

17 SUDAN.—The term ‘‘Comprehensive Peace Agree18 ment for Sudan’’ means the peace agreement signed 

19 by the Government of Sudan and the Sudan Peo20 ple’s Liberation Movement/Army (SPLM/A) in 

21 Nairobi, Kenya, on January 9, 2005. 

22 SEC. 3. FINDINGS. 

23 Congress makes the following findings: 
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1 (1) On July 22, 2004, the House of Represent2 atives and the Senate declared that the atrocities oc3 curring in the Darfur region of Sudan are genocide. 

4 (2) On September 9, 2004, Secretary of State 

5 Colin L. Powell stated before the Committee on For6 eign Relations of the Senate, ‘‘genocide has been 

7 committed in Darfur,’’ and ‘‘the Government of 

8 Sudan and the [Janjaweed] bear responsibility—and 

9 genocide may still be occurring’’. 

10 (3) On September 21, 2004, in an address be11 fore the United Nations General Assembly, Presi12 dent George W. Bush affirmed the Secretary of 

13 State’s finding and stated,‘‘[a]t this hour, the world 

14 is witnessing terrible suffering and horrible crimes in 

15 the Darfur region of Sudan, crimes my government 

16 has concluded are genocide’’. 

17 (4) On July 30, 2004, the United Nations Se18 curity Council passed Security Council Resolution 

19 1556, calling upon the Government of Sudan to dis20 arm the Janjaweed militias and to apprehend and 

21 bring to justice Janjaweed leaders and their associ22 ates who have incited and carried out violations of 

23 human rights and international humanitarian law, 

24 and establishing a ban on the sale or supply of arms 

25 and related materiel of all types, including the provi-
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1 sion of related technical training or assistance, to all 

2 nongovernmental entities and individuals, including 

3 the Janjaweed. 

4 (5) On September 18, 2004, the United Na5 tions Security Council passed Security Council Reso6 lution 1564, determining that the Government of 

7 Sudan had failed to meet its obligations under Secu8 rity Council Resolution 1556, calling for a military 

9 flight ban in and over the Darfur region, demanding 

10 the names of Janjaweed militiamen disarmed and 

11 arrested for verification, establishing an Inter12 national Commission of Inquiry on Darfur to inves13 tigate violations of international humanitarian and 

14 human rights laws, and threatening sanctions should 

15 the Government of Sudan fail to fully comply with 

16 Security Council Resolutions 1556 and 1564, includ17 ing such actions as to affect Sudan’s petroleum sec18 tor or individual members of the Government of 

19 Sudan. 

20 (6) The Report of the International Commis21 sion of Inquiry on Darfur, submitted to the United 

22 Nations Secretary-General on January 25, 2005, es23 tablished that the ‘‘Government of the Sudan and 

24 the Janjaweed are responsible for serious violations 

25 of international human rights and humanitarian law 
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1 amounting to crimes under international law,’’ that 

2 ‘‘these acts were conducted on a widespread and sys3 tematic basis, and therefore may amount to crimes 

4 against humanity,’’ and that Sudanese officials and 

5 other individuals may have acted with ‘‘genocidal in6 tent’’. 

7 (7) The Report of the International Commis8 sion of Inquiry on Darfur further notes that, pursu9 ant to its mandate and in the course of its work, the 

10 Commission had collected information relating to in11 dividual perpetrators of acts constituting ‘‘violations 

12 of international human rights law and international 

13 humanitarian law, including crimes against human14 ity and war crimes’’ and that a sealed file containing 

15 the names of those individual perpetrators had been 

16 delivered to the United Nations Secretary-General. 

17 (8) On March 24, 2005, the United Nations Se18 curity Council passed Security Council Resolution 

19 1590, establishing the United Nations Mission in 

20 Sudan (UNMIS), consisting of up to 10,000 military 

21 personnel and 715 civilian police tasked with sup22 porting implementation of the Comprehensive Peace 

23 Agreement for Sudan and ‘‘closely and continuously 

24 liais[ing] and coordinat[ing] at all levels with the Af25 rican Union Mission in Sudan (AMIS) with a view 
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1 towards expeditiously reinforcing the effort to foster 

2 peace in Darfur’’. 

3 (9) On March 29, 2005, the United Nations Se4 curity Council passed Security Council Resolution 

5 1591, extending the military embargo established by 

6 Security Council Resolution 1556 to all the parties 

7 to the N’djamena Ceasefire Agreement of April 8, 

8 2004, and any other belligerents in the states of 

9 North Darfur, South Darfur, and West Darfur, call10 ing for an asset freeze and travel ban against those 

11 individuals who impede the peace process, constitute 

12 a threat to stability in Darfur and the region, com13 mit violations of international humanitarian or 

14 human rights law or other atrocities, are responsible 

15 for offensive military overflights, or violate the mili16 tary embargo, and establishing a Committee of the 

17 Security Council and a Panel of Experts to assist in 

18 monitoring compliance with Security Council Resolu19 tions 1556 and 1591. 

20 (10) On March 31, 2005, the United Nations 

21 Security Council passed Security Council Resolution 

22 1593, referring the situation in Darfur since July 1, 

23 2002, to the prosecutor of the International Crimi24 nal Court and calling on the Government of Sudan 
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1 and all parties to the conflict to cooperate fully with 

2 the Court. 

3 (11) In remarks before the G–8 Summit on 

4 June 30, 2005, President Bush reconfirmed that 

5 ‘‘the violence in Darfur is clearly genocide’’ and ‘‘the 

6 human cost is beyond calculation’’. 

7 (12) On July 30, 2005, Dr. John Garang de 

8 Mabior, the newly appointed Vice President of 

9 Sudan and the leader of the Sudan People’s Libera10 tion Movement/Army (SPLM/A) for the past 21 

11 years, was killed in a tragic helicopter crash in 

12 southern Sudan, sparking riots in Khartoum and 

13 challenging the commitment of all Sudanese to the 

14 Comprehensive Peace Agreement for Sudan. 

15 (13) Since 1993, the Secretary of State has de16 termined that the Republic of Sudan is a country 

17 which has repeatedly provided support for acts of 

18 international terrorism and, pursuant to section 6(j) 

19 of the Export Administration Act of 1979, section 

20 40 of the Arms Export Control Act, and section 

21 620A of the Foreign Assistance Act of 1961, des22 ignated Sudan as a State Sponsor of Terrorism, 

23 thereby restricting United States assistance, defense 

24 exports and sales, and financial and other trans25 actions with the Government of Sudan. 
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1 SEC. 4. SENSE OF CONGRESS. 

2 It is the sense of Congress that—

3 (1) the genocide unfolding in the Darfur region 

4 of Sudan is characterized by acts of terrorism and 

5 atrocities directed against civilians, including mass 

6 murder, rape, and sexual violence committed by the 

7 Janjaweed and associated militias with the com8 plicity and support of the National Congress Party9 led faction of the Government of Sudan; 

10 (2) the Secretary of State should designate the 

11 Janjaweed militia as a foreign terrorist organization 

12 pursuant to section 219 of the Immigration and Na13 tionality Act; 

14 (3) all parties to the conflict in the Darfur re15 gion have continued to violate the N’djamena 

16 Ceasefire Agreement of April 8, 2004, and the 

17 Abuja Protocols of November 9, 2004, and violence 

18 against civilians, humanitarian aid workers, and per19 sonnel of the African Union Mission in Sudan 

20 (AMIS) is increasing; 

21 (4) the African Union should rapidly expand 

22 the size and amend the mandate of the African 

23 Union Mission in Sudan to authorize such action as 

24 may be necessary to protect civilians and humani25 tarian operations, and deter violence in the Darfur 

26 region without delay; 
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1 (5) the international community, including the 

2 United Nations, the North Atlantic Treaty Organi3 zation (NATO), the European Union, and the 

4 United States, should immediately act to mobilize 

5 sufficient political, military, and financial resources 

6 to support the expansion of the African Union Mis7 sion in Sudan so that it achieves the size, strength, 

8 and capacity necessary for protecting civilians and 

9 humanitarian operations, and ending the continued 

10 violence in the Darfur region; 

11 (6) if an expanded and reinforced African 

12 Union Mission in Sudan fails to stop genocide in the 

13 Darfur region, the international community should 

14 take additional, dispositive measures to prevent and 

15 suppress acts of genocide in the Darfur region; 

16 (7) acting under Article 5 of the Charter of the 

17 United Nations, the United Nations Security Coun18 cil should call for suspension of the Government of 

19 Sudan’s rights and privileges of membership by the 

20 General Assembly until such time as the Govern21 ment of Sudan has honored pledges to cease attacks 

22 upon civilians, demobilize and demilitarize the 

23 Janjaweed and associated militias, and grant free 

24 and unfettered access for deliveries of humanitarian 

25 assistance in the Darfur region; 
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1 (8) the President should use all necessary and 

2 appropriate diplomatic means to ensure the full dis3 charge of the responsibilities of the Committee of 

4 the United Nations Security Council and the Panel 

5 of Experts established pursuant to section 3(a) of 

6 Security Council Resolution 1591 (March 29, 2005); 

7 (9) the United States should not provide assist8 ance to the Government of Sudan, other than assist9 ance necessary for the implementation of the Com10 prehensive Peace Agreement for Sudan, the support 

11 of the regional Government of Southern Sudan and 

12 marginalized areas in northern Sudan (including the 

13 Nuba Mountains, Southern Blue Nile, Abyei, East14 ern Sudan (Beja), Darfur, and Nubia), as well as 

15 marginalized peoples in and around Khartoum, or 

16 for humanitarian purposes in Sudan, until such time 

17 as the Government of Sudan has honored pledges to 

18 cease attacks upon civilians, demobilize and demili19 tarize the Janjaweed and associated militias, grant 

20 free and unfettered access for deliveries of humani21 tarian assistance in the Darfur region, and allow for 

22 the safe and voluntary return of refugees and inter23 nally displaced persons; 

24 (10) the President should seek to assist mem25 bers of the Sudanese diaspora in the United States 
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1 by establishing a student loan forgiveness program 

2 for those individuals who commit to return to south3 ern Sudan for a period of not less than five years 

4 for the purpose of contributing professional skills 

5 needed for the reconstruction of southern Sudan; 

6 (11) the President should appoint a Presi7 dential Envoy for Sudan with appropriate resources 

8 and a clear mandate to provide stewardship of ef9 forts to implement the Comprehensive Peace Agree10 ment for Sudan, seek ways to bring stability and 

11 peace to the Darfur region, address instability else12 where in Sudan and northern Uganda, and pursue 

13 a truly comprehensive peace throughout the region; 

14 (12) to achieve the goals specified in paragraph 

15 (10) and to further promote human rights and civil 

16 liberties, build democracy, and strengthen civil soci17 ety, the Presidential Envoy for Sudan should be em18 powered to promote and encourage the exchange of 

19 individuals pursuant to educational and cultural pro20 grams, including programs funded by the Govern21 ment of the United States; 

22 (13) the international community should 

23 strongly condemn attacks against humanitarian 

24 workers and demand that all armed groups in the 

25 Darfur region, including the forces of the Govern-
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1 ment of Sudan, the Janjaweed, associated militias, 

2 the Sudan Liberation Movement/Army (SLM/A), the 

3 Justice and Equality Movement (JEM), and all 

4 other armed groups refrain from such attacks; 

5 (14) the United States should fully support the 

6 Comprehensive Peace Agreement for Sudan and 

7 urge rapid implementation of its terms; and 

8 (15) the new leadership of the Sudan People’s 

9 Liberation Movement (SPLM) should—

10 (A) seek to transform the SPLM into an 

11 inclusive, transparent, and democratic body; 

12 (B) reaffirm the commitment of the SPLM 

13 to bringing peace not only to southern Sudan, 

14 but also to the Darfur region, eastern Sudan, 

15 and northern Uganda; and 

16 (C) remain united in the face of efforts to 

17 undermine the SPLM. 

18 SEC. 5. SANCTIONS IN SUPPORT OF PEACE IN DARFUR. 

19 (a) BLOCKING OF ASSETS AND RESTRICTION ON

20 VISAS.—Section 6 of the Comprehensive Peace in Sudan 

21 Act of 2004 (Public Law 108–497; 50 U.S.C. 1701 note) 

22 is amended—

23 (1) in the heading of subsection (b), by insert24 ing ‘‘OF APPROPRIATE SENIOR OFFICIALS OF THE

25 SUDANESE GOVERNMENT’’ after ‘‘ASSETS’’; 
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1 (2) by redesignating subsections (c) through (e) 

2 as subsections (d) through (f), respectively; and 

3 (3) by inserting after subsection (b) the fol4 lowing new subsection: 

5 ‘‘(c) BLOCKING OF ASSETS AND RESTRICTION ON

6 VISAS OF CERTAIN INDIVIDUALS IDENTIFIED BY THE

7 PRESIDENT.—

8 ‘‘(1) BLOCKING OF ASSETS.—Beginning on the 

9 date that is 30 days after the date of the enactment 

10 of the Darfur Peace and Accountability Act of 2006, 

11 and in the interest of contributing to peace in 

12 Sudan, the President shall, consistent with the au13 thorities granted in the International Emergency 

14 Economic Powers Act (50 U.S.C. 1701 et seq.), 

15 block the assets of any individual who the President 

16 determines is complicit in, or responsible for, acts of 

17 genocide, war crimes, or crimes against humanity in 

18 Darfur, including the family members or any associ19 ates of such individual to whom assets or property 

20 of such individual was transferred on or after July 

21 1, 2002. 

22 ‘‘(2) RESTRICTION ON VISAS.—Beginning on 

23 the date that is 30 days after the date of the enact24 ment of the Darfur Peace and Accountability Act of 

25 2006, and in the interest of contributing to peace in 
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1 Sudan, the President shall deny visas and entry to 

2 any individual who the President determines is 

3 complicit in, or responsible for, acts of genocide, war 

4 crimes, or crimes against humanity in Darfur, in5 cluding the family members or any associates of 

6 such individual to whom assets or property of such 

7 individual was transferred on or after July 1, 

8 2002.’’. 

9 (b) WAIVER.—Section 6(d) of the Comprehensive 

10 Peace in Sudan Act of 2004 (as redesignated by sub11 section (a)) is amended by adding at the end the following 

12 new sentence: ‘‘The President may waive the application 

13 of paragraph (1) or (2) of subsection (c) with respect to 

14 an individual if the President determines that such a waiv15 er is in the national interests of the United States and, 

16 prior to exercising the waiver, transmits to the appropriate 

17 congressional committees a notification which includes the 

18 name of the individual and the reasons for the waiver.’’. 

19 (c) SANCTIONS AGAINST CERTAIN JANJAWEED COM20 MANDERS AND COORDINATORS.—The President should 

21 immediately consider imposing the sanctions described in 

22 section 6(c) of the Comprehensive Peace in Sudan Act of 

23 2004 (as added by subsection (a)) against the Janjaweed 

24 commanders and coordinators identified by the former 

25 United States Ambassador-at-Large for War Crimes be-
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1 fore the Subcommittee on Africa of the House Inter2 national Relations Committee on June 24, 2004. 

3 SEC. 6. ADDITIONAL AUTHORITIES TO DETER AND SUP4 PRESS GENOCIDE IN DARFUR. 

5 (a) UNITED STATES ASSISTANCE TO SUPPORT

6 AMIS.—Section 7 of the Comprehensive Peace in Sudan 

7 Act of 2004 (Public Law 108–497; 50 U.S.C. 1701 note) 

8 is amended—

9 (1) by striking ‘‘Notwithstanding’’ and insert10 ing ‘‘(a) GENERAL ASSISTANCE.—Notwithstanding’’; 

11 and 

12 (2) by adding at the end the following new sub13 section: 

14 ‘‘(b) ASSISTANCE TO SUPPORT AMIS.—Notwith15 standing any other provision of law, the President is au16 thorized to provide assistance, on such terms and condi17 tions as the President may determine and in consultation 

18 with the appropriate congressional committees, to rein19 force the deployment and operations of an expanded Afri20 can Union Mission in Sudan (AMIS) with the mandate, 

21 size, strength, and capacity to protect civilians and hu22 manitarian operations, stabilize the Darfur region of 

23 Sudan and dissuade and deter air attacks directed against 

24 civilians and humanitarian workers, including but not lim25 ited to providing assistance in the areas of logistics, trans-
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1 port, communications, materiel support, technical assist2 ance, training, command and control, aerial surveillance, 

3 and intelligence.’’. 

4 (b) NATO ASSISTANCE TO SUPPORT AMIS.—The 

5 President should instruct the United States Permanent 

6 Representative to the North Atlantic Treaty Organization 

7 (NATO) to use the voice, vote, and influence of the United 

8 States at NATO to advocate NATO reinforcement of the 

9 African Union Mission in Sudan (AMIS), upon the request 

10 of the African Union, including but not limited to the pro11 vision of assets to dissuade and deter offensive air strikes 

12 directed against civilians and humanitarian workers in the 

13 Darfur region of Sudan and other logistical, transpor14 tation, communications, training, technical assistance, 

15 command and control, aerial surveillance, and intelligence 

16 support. 

17 (c) DENIAL OF ENTRY AT UNITED STATES PORTS

18 TO CERTAIN CARGO SHIPS OR OIL TANKERS.—

19 (1) IN GENERAL.—The President should take 

20 all necessary and appropriate steps to deny the Gov21 ernment of Sudan access to oil revenues, including 

22 by prohibiting entry at United States ports to cargo 

23 ships or oil tankers engaged in business or trade ac24 tivities in the oil sector of Sudan or involved in the 

25 shipment of goods for use by the armed forces of 
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1 Sudan until such time as the Government of Sudan 

2 has honored its commitments to cease attacks on ci3 vilians, demobilize and demilitarize the Janjaweed 

4 and associated militias, grant free and unfettered ac5 cess for deliveries of humanitarian assistance, and 

6 allow for the safe and voluntary return of refugees 

7 and internally displaced persons. 

8 (2) EXCEPTION.—Paragraph (1) shall not 

9 apply with respect to cargo ships or oil tankers in10 volved in an internationally-recognized demobiliza11 tion program or the shipment of non-lethal assist12 ance necessary to carry out elements of the Com13 prehensive Peace Agreement for Sudan. 

14 (d) PROHIBITION ON ASSISTANCE TO COUNTRIES IN

15 VIOLATION OF UNITED NATIONS SECURITY COUNCIL

16 RESOLUTIONS 1556 AND 1591.—

17 (1) PROHIBITION.—Amounts made available to 

18 carry out the Foreign Assistance Act of 1961 (22 

19 U.S.C. 2151 et seq.) may not be used to provide as20 sistance (other than humanitarian assistance) to the 

21 government of a country that is in violation of the 

22 embargo on military assistance with respect to 

23 Sudan imposed pursuant to United Nations Security 

24 Council Resolutions 1556 (July 30, 2004) and 1591 

25 (March 29, 2005). 
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1 (2) WAIVER.—The President may waive the ap2 plication of paragraph (1) if the President deter3 mines and certifies to the appropriate congressional 

4 committees that it is in the national interests of the 

5 United States to do so. 

6 SEC. 7. MULTILATERAL EFFORTS. 

7 The President shall direct the United States Perma8 nent Representative to the United Nations to use the voice 

9 and vote of the United States to urge the adoption of a 

10 resolution by the United Nations Security Council that—

11 (1) supports the expansion of the African Union 

12 Mission in Sudan (AMIS) so that it achieves the 

13 mandate, size, strength, and capacity needed to pro14 tect civilians and humanitarian operations, and dis15 suade and deter fighting and violence in the Darfur 

16 region of Sudan, and urges Member States of the 

17 United Nations to accelerate political, material, fi18 nancial, and other assistance to the African Union 

19 toward this end; 

20 (2) reinforces efforts of the African Union to 

21 negotiate peace talks between the Government of 

22 Sudan, the Sudan Liberation Movement/Army 

23 (SLM/A), the Justice and Equality Movement 

24 (JEM), and associated armed groups in the Darfur 

25 region, calls on the Government of Sudan, the SLM/
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1 A, and the JEM to abide by their obligations under 

2 the N’Djamena Ceasefire Agreement of April 8, 

3 2004 and subsequent agreements, urges all parties 

4 to engage in peace talks without preconditions and 

5 seek to resolve the conflict, and strongly condemns 

6 all attacks against humanitarian workers and Afri7 can Union personnel in the Darfur region; 

8 (3) imposes sanctions against the Government 

9 of Sudan, including sanctions against individual 

10 members of the Government of Sudan, and entities 

11 controlled or owned by officials of the Government 

12 of Sudan or the National Congress Party in Sudan 

13 until such time as the Government of Sudan has 

14 honored its commitments to cease attacks on civil15 ians, demobilize and demilitarize the Janjaweed and 

16 associated militias, grant free and unfettered access 

17 for deliveries of humanitarian assistance, and allow 

18 for the safe and voluntary return of refugees and in19 ternally displaced persons; 

20 (4) extends the military embargo established by 

21 United Nations Security Council Resolutions 1556 

22 (July 30, 2004) and 1591 (March 29, 2005) to in23 clude a total prohibition on the sale or supply of of24 fensive military equipment to the Government of 

25 Sudan, except for use in an internationally-recog-
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1 nized demobilization program or for non-lethal as2 sistance necessary to carry out elements of the Com3 prehensive Peace Agreement for Sudan; and 

4 (5) calls upon those Member States of the 

5 United Nations that continue to undermine efforts 

6 to foster peace in Sudan by providing military assist7 ance and equipment to the Government of Sudan, 

8 the SLM/A, the JEM, and associated armed groups 

9 in the Darfur region in violation of the embargo on 

10 such assistance and equipment, as called for in 

11 United Nations Security Council Resolutions 1556 

12 and 1591, to immediately cease and desist. 

13 SEC. 8. CONTINUATION OF RESTRICTIONS. 

14 (a) CONTINUATION OF RESTRICTIONS.—Restrictions 

15 against the Government of Sudan that were imposed pur16 suant to Executive Order 13067 of November 3, 1997 (62 

17 Federal Register 59989), title III and sections 508, 512, 

18 527, and 569 of the Foreign Operations, Export Financ19 ing, and Related Programs Appropriations Act, 2006, or 

20 any other similar provision of law, shall remain in effect 

21 and shall not be lifted pursuant to such provisions of law 

22 until the President transmits to the appropriate congres23 sional committees a certification that the Government of 

24 Sudan is acting in good faith to—
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1 (1) peacefully resolve the crisis in the Darfur 

2 region of Sudan; 

3 (2) disarm, demobilize, and demilitarize the 

4 Janjaweed and all government-allied militias; 

5 (3) adhere to United Nations Security Council 

6 Resolutions 1556 (2004), 1564 (2004), 1591 

7 (2005), and 1593 (2005); 

8 (4) negotiate a peaceful resolution to the crisis 

9 in eastern Sudan; 

10 (5) fully cooperate with efforts to disarm, de11 mobilize, and deny safe haven to members of the 

12 Lords Resistance Army; and 

13 (6) fully implement the Comprehensive Peace 

14 Agreement for Sudan without manipulation or delay, 

15 including by—

16 (A) implementing the recommendations of 

17 the Abyei Commission Report; 

18 (B) establishing other appropriate commis19 sions and implementing and adhering to the 

20 recommendations of such commissions con21 sistent with the terms of the Comprehensive 

22 Peace Agreement for Sudan; 

23 (C) adhering to the terms of the Wealth 

24 Sharing Agreement; and 
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1 (D) withdrawing government forces from 

2 southern Sudan consistent with the terms of 

3 the Comprehensive Peace Agreement for Sudan. 

4 (b) WAIVER.—The President may waive the applica5 tion of subsection (a) if the President determines and cer6 tifies to the appropriate congressional committees that it 

7 is in the national interests of the United States to do so. 

8 SEC. 9. ASSISTANCE EFFORTS IN SUDAN. 

9 (a) ADDITIONAL AUTHORITIES.—Section 501(a) of 

10 the Assistance for International Malaria Control Act (50 

11 U.S.C. 1701 note) is amended—

12 (1) by striking ‘‘Notwithstanding any other pro13 vision of law’’ and inserting the following: 

14 ‘‘(1) IN GENERAL.—Notwithstanding any other 

15 provision of law’’; 

16 (2) by inserting ‘‘civil administrations,’’ after 

17 ‘‘indigenous groups,’’; 

18 (3) by striking ‘‘areas outside of control of the 

19 Government of Sudan’’ and inserting ‘‘southern 

20 Sudan, southern Kordofan/Nuba Mountains State, 

21 Blue Nile State, and Abyei’’; 

22 (4) by inserting at the end before the period the 

23 following: ‘‘, including the Comprehensive Peace 

24 Agreement for Sudan’’; and 
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1 (5) by adding at the end the following new 

2 paragraph: 

3 ‘‘(2) CONGRESSIONAL NOTIFICATION.—

4 ‘‘(A) IN GENERAL.—Assistance may not be 

5 obligated under this subsection until 15 days 

6 after the date on which the President has pro7 vided notice thereof to the congressional com8 mittees specified in section 634A of the Foreign 

9 Assistance Act of 1961 (22 U.S.C. 2394–1) in 

10 accordance with the procedures applicable to re11 programming notifications under such section. 

12 ‘‘(B) RULE OF CONSTRUCTION.—The noti13 fication requirement of subparagraph (A) shall 

14 not apply in the case of assistance subject to 

15 notification in accordance with section 634A of 

16 the Foreign Assistance Act of 1961 pursuant to 

17 any provision of an Act making appropriations 

18 for foreign operations, export financing, and re19 lated programs.’’. 

20 (b) EXCEPTION TO PROHIBITIONS IN EXECUTIVE

21 ORDER NO. 13067.—Section 501(b) of the Assistance for 

22 International Malaria Control Act (50 U.S.C. 1701 note) 

23 is amended—
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1 (1) in the heading, by striking ‘‘EXPORT PRO2 HIBITIONS’’ and inserting ‘‘PROHIBITIONS IN EXEC3 UTIVE ORDER NO. 13067’’; 

4 (2) by striking ‘‘any export from an area in 

5 Sudan outside of control of the Government of 

6 Sudan, or to any necessary transaction directly re7 lated to that export’’ and inserting ‘‘activities or re8 lated transactions with respect to southern Sudan, 

9 southern Kordofan/Nuba Mountains State, Blue Nile 

10 State, or Abyei’’; and 

11 (3) by striking ‘‘the export or related trans12 action’’ and all that follows and inserting ‘‘such ac13 tivities or related transactions would directly benefit 

14 the economic recovery and development of those 

15 areas and people.’’. 

16 SEC. 10. REPORTS. 

17 (a) REPORT ON AFRICAN UNION MISSION IN SUDAN

18 (AMIS).—Section 8 of the Sudan Peace Act (Public Law 

19 107–245; 50 U.S.C. 1701 note) is amended—

20 (1) by redesignating subsection (c) as sub21 section (d); and 

22 (2) by inserting after subsection (b) the fol23 lowing new subsection: 

24 ‘‘(c) REPORT ON AFRICAN UNION MISSION IN SUDAN

25 (AMIS).—In conjunction with reports required under sub-
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1 sections (a) and (b) of this section, the Secretary of State 

2 shall submit to the appropriate congressional committees 

3 a report, to be prepared in conjunction with the Secretary 

4 of Defense, on—

5 ‘‘(1) efforts to fully deploy the African Union 

6 Mission in Sudan (AMIS) with the size, strength, 

7 and capacity necessary to stabilize the Darfur region 

8 of Sudan and protect civilians and humanitarian op9 erations; 

10 ‘‘(2) the needs of AMIS to ensure success, in11 cluding in the areas of housing, transport, commu12 nications, equipment, technical assistance, training, 

13 command and control, intelligence, and such assist14 ance as is necessary to dissuade and deter attacks, 

15 including by air, directed against civilians and hu16 manitarian operations; 

17 ‘‘(3) the current level of United States assist18 ance and other assistance provided to AMIS, and a 

19 request for additional United States assistance, if 

20 necessary; 

21 ‘‘(4) the status of North Atlantic Treaty Orga22 nization (NATO) plans and assistance to support 

23 AMIS; and 

24 ‘‘(5) the performance of AMIS in carrying out 

25 its mission in the Darfur region.’’. 
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1 (b) REPORT ON SANCTIONS IN SUPPORT OF PEACE

2 IN DARFUR.—Section 8 of the Sudan Peace Act (Public 

3 Law 107–245; 50 U.S.C. 1701 note), as amended by sub4 section (a), is further amended—

5 (1) by redesignating subsection (d) as sub6 section (e); and 

7 (2) by inserting after subsection (c) the fol8 lowing new subsection: 

9 ‘‘(d) REPORT ON SANCTIONS IN SUPPORT OF PEACE

10 IN DARFUR.—In conjunction with reports required under 

11 subsections (a), (b), and (c) of this section, the Secretary 

12 of State shall submit to the appropriate congressional 

13 committees a report regarding sanctions imposed under 

14 subsections (a) through (d) of section 6 of the Comprehen15 sive Peace in Sudan Act of 2004, including—

16 ‘‘(1) a description of each sanction imposed 

17 under such provisions of law; and 

18 ‘‘(2) the name of the individual or entity sub19 ject to the sanction, if applicable.’’. 

20 SEC. 11. RULE OF CONSTRUCTION. 

21 Nothing in this Act (or any amendment made by this 

22 Act) or any other provision of law shall be construed to 

23 preempt any State law that prohibits investment of State 
28

•HR 3127 EH 

1 funds, including State pension funds, in or relating to the 

2 Republic of the Sudan.

Passed the House of Representatives April 5, 2006. 

Attest:

Clerk. 

109TH CONGRESS 

2D SESSION H. R. 3127

AN ACT

To impose sanctions against individuals responsible 

Sudan, and for other purposes.support peace efforts in the Darfur region of civilians and humanitarian operations, and to manity, to support measures for the protection of for genocide, war crimes, and crimes against hu-