H. R. 3127

One Hundred Ninth Congress

of the

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the third day of January, two thousand and six 

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.

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Darfur Peace 

and Accountability Act of 2006’’. 

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

Sec. 8. Assistance efforts in Sudan. 

Sec. 9. Reporting requirements.

SEC. 2. DEFINITIONS. 

In this Act: 

(1) AMIS.—The term ‘‘AMIS’’ means the African Union 

Mission in Sudan. 

(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means the Committee 

on Foreign Relations of the Senate and the Committee on 

International Relations of the House of Representatives. 

(3) COMPREHENSIVE PEACE AGREEMENT FOR SUDAN.—The 

term ‘‘Comprehensive Peace Agreement for Sudan’’ means the 

peace agreement signed by the Government of Sudan and the 

SPLM/A in Nairobi, Kenya, on January 9, 2005. 

(4) DARFUR PEACE AGREEMENT.—The term ‘‘Darfur Peace 

Agreement’’ means the peace agreement signed by the Government of Sudan and by Minni Minnawi, leader of the Sudan 

Liberation Movement/Army Faction, in Abuja, Nigeria, on May 

5, 2006. 

(5) GOVERNMENT OF SUDAN.—The term ‘‘Government of 

Sudan’’— 

(A) means— 

(i) the government in Khartoum, Sudan, which 

is led by the National Congress Party (formerly known 

as the National Islamic Front); or 
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(ii) any successor government formed on or after 

the date of the enactment of this Act (including the 

coalition National Unity Government agreed upon in 

the Comprehensive Peace Agreement for Sudan); and 

(B) does not include the regional government of 

Southern Sudan. 

(6) OFFICIALS OF THE GOVERNMENT OF SUDAN.—The term 

‘‘official of the Government of Sudan’’ does not include any 

individual— 

(A) who was not a member of such government before 

July 1, 2005; or 

(B) who is a member of the regional government of 

Southern Sudan. 

(7) SPLM/A.—The term ‘‘SPLM/A’’ means the Sudan People’s Liberation Movement/Army. 

SEC. 3. FINDINGS. 

Congress makes the following findings: 

(1) On July 23, 2004, Congress declared, ‘‘the atrocities 

unfolding in Darfur, Sudan, are genocide’’. 

(2) On September 9, 2004, Secretary of State Colin L. 

Powell stated before the Committee on Foreign Relations of 

the Senate, ‘‘genocide has occurred and may still be occurring 

in Darfur’’, and ‘‘the Government of Sudan and the Janjaweed 

bear responsibility’’. 

(3) On September 21, 2004, in an address before the United 

Nations General Assembly, President George W. Bush affirmed 

the Secretary of State’s finding and stated,‘‘[a]t this hour, the 

world is witnessing terrible suffering and horrible crimes in 

the Darfur region of Sudan, crimes my government has concluded are genocide’’. 

(4) On July 30, 2004, the United Nations Security Council 

passed Security Council Resolution 1556 (2004), calling upon 

the Government of Sudan to disarm the Janjaweed militias 

and to apprehend and bring to justice Janjaweed leaders and 

their associates who have incited and carried out violations 

of human rights and international humanitarian law, and 

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

materiel of all types, including the provision of related technical 

training or assistance, to all nongovernmental entities and 

individuals, including the Janjaweed. 

(5) On September 18, 2004, the United Nations Security 

Council passed Security Council Resolution 1564 (2004), determining that the Government of Sudan had failed to meet its 

obligations under Security Council Resolution 1556 (2004), 

calling for a military flight ban in and over the Darfur region, 

demanding the names of Janjaweed militiamen disarmed and 

arrested for verification, establishing an International Commission of Inquiry on Darfur to investigate violations of international humanitarian and human rights laws, and threatening 

sanctions should the Government of Sudan fail to fully comply 

with Security Council Resolutions 1556 (2004) and 1564 (2004), 

including such actions as to affect Sudan’s petroleum sector 

or individual members of the Government of Sudan. 

(6) The Report of the International Commission of Inquiry 

on Darfur, submitted to the United Nations Secretary-General 

on January 25, 2005, established that the ‘‘Government of 
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the Sudan and the Janjaweed are responsible for serious violations of international human rights and humanitarian law 

amounting to crimes under international law,’’ that ‘‘these acts 

were conducted on a widespread and systematic basis, and 

therefore may amount to crimes against humanity,’’ and that 

officials of the Government of Sudan and other individuals 

may have acted with ‘‘genocidal intent’’. 

(7) On March 24, 2005, the United Nations Security Council 

passed Security Council Resolution 1590 (2005), establishing 

the United Nations Mission in Sudan (referred to in this section 

as the ‘‘UNMIS’’), consisting of up to 10,000 military personnel 

and 715 civilian police tasked with supporting the implementation of the Comprehensive Peace Agreement for Sudan and 

to ‘‘closely and continuously liaise and coordinate at all levels 

with the African Union Mission in Sudan (AMIS)’’, which had 

been established by the African Union on May 24, 2004, to 

monitor the implementation of the N’Djamena Humanitarian 

Ceasefire Agreement, signed on April 8, 2004, ‘‘with a view 

towards expeditiously reinforcing the effort to foster peace in 

Darfur’’. 

(8) On March 29, 2005, the United Nations Security Council 

passed Security Council Resolution 1591 (2005), extending the 

military embargo established by Security Council Resolution 

1556 (2004) to all the parties to the N’Djamena Ceasefire Agreement of April 8, 2004, and any other belligerents in the states 

of North Darfur, South Darfur, and West Darfur, calling for 

an asset freeze and travel ban against those individuals who 

impede the peace process, constitute a threat to stability in 

Darfur and the region, commit violations of international 

humanitarian or human rights law or other atrocities, are 

responsible for offensive military overflights, or violate the military embargo, and establishing a Committee of the Security 

Council and a panel of experts to assist in monitoring compliance with Security Council Resolutions 1556 (2004) and 1591 

(2005). 

(9) On March 31, 2005, the United Nations Security Council 

passed Security Council Resolution 1593 (2005), referring the 

situation in Darfur since July 1, 2002, to the prosecutor of 

the International Criminal Court and calling on the Government of Sudan and all parties to the conflict to cooperate 

fully with the Court. 

(10) On July 30, 2005, Dr. John Garang de Mabior, the 

newly appointed Vice President of Sudan and the leader of 

the SPLM/A for the past 21 years, was killed in a tragic 

helicopter crash in Southern Sudan, sparking riots in Khartoum 

and challenging the commitment of all Sudanese to the Comprehensive Peace Agreement for Sudan. 

(11) On January 12, 2006, the African Union Peace and 

Security Council issued a communique endorsing, in principle, 

a transition from AMIS to a United Nations peacekeeping operation and requested the Chairperson of the Council to initiate 

consultations with the United Nations and other stakeholders 

toward this end. 

(12) On February 3, 2006, the United Nations Security 

Council issued a Presidential Statement authorizing the initiation of contingency planning for a transition from AMIS to 

a United Nations peacekeeping operation. 
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(13) On March 10, 2006, the African Union Peace and 

Security Council extended the mandate of AMIS, which had 

reached a force size of 7,000, to September 30, 2006, while 

simultaneously endorsing the transition of AMIS to a United 

Nations peacekeeping operation and setting April 30, 2006 as 

the deadline for reaching an agreement to resolve the crisis 

in Darfur. 

(14) On March 24, 2006, the United Nations Security 

Council passed Security Council Resolution 1663 (2006), 

which— 

(A) welcomes the African Peace and Security Council’s 

March 10, 2006 communique; and 

(B) requests that the United Nations Secretary-General, jointly with the African Union and in consultation 

with the parties to the Abuja Peace Talks, expedite planning for the transition of AMIS to a United Nations peacekeeping operation. 

(15) On March 29, 2006, during a speech at Freedom House, 

President Bush called for a transition to a United Nations 

peacekeeping operation and ‘‘additional forces with a NATO 

overlay . . . to provide logistical and command-and-control and 

airlift capacity, but also to send a clear signal to parties 

involved that the west is determined to help effect a settlement.’’. 

(16) On April 25, 2006, the United Nations Security Council 

passed Security Council Resolution 1672 (2006), unanimously 

imposing targeted financial sanctions and travel restrictions 

on 4 individuals who had been identified as those who, among 

other acts, ‘‘impede the peace process, constitute a threat to 

stability in Darfur and the region, commit violations of international humanitarian or human rights law or other atrocities’’, 

including the Commander of the Western Military Region for 

the armed forces of Sudan, the Paramount Chief of the Jalul 

Tribe in North Darfur, the Commander of the Sudan Liberation 

Army, and the Field Commander of the National Movement 

for Reform and Development. 

(17) On May 5, 2006, under the auspices of African Union 

mediation and the direct engagement of the international 

community, including the United States, the Government of 

Sudan and the largest rebel faction in Darfur, the Sudan Liberation Movement, led by Minni Minnawi, signed the Darfur 

Peace Agreement, which addresses security, power sharing, 

and wealth sharing issues between the parties. 

(18) In August 2006, the Sudanese government began to 

amass military forces and equipment in the Darfur region 

in contravention of the Darfur Peace Agreement to which they 

are signatories in what appears to be preliminary to full scale 

war. 

(19) On August 30, 2006, the United Nations Security 

Council passed Security Council Resolution 1706 (2006), without dissent and with abstentions by China, Russian Federation, 

and Qatar, thereby asserting that the existing United Nations 

Mission in Sudan ‘‘shall take over from AMIS responsibility 

for supporting the implementation of the Darfur Peace Agreement upon the expiration of AMIS’ mandate but in any event 

no later than 31 December 2006’’, and that UNMIS ‘‘shall 

be strengthened by up to 17,300 military personnel . . . 3,300 
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civilian police personnel and up to 16 Formed Police Units’’, 

which ‘‘shall begin to be deployed [to Darfur] no later than 

1 October 2006’’. 

(20) Between August 30 and September 3, 2006, President 

Bashir and other senior members of his administration have 

publicly rejected United Nations Security Council Resolution 

1706 (2006), calling it illegal and a western invasion of his 

country, despite the current presence of 10,000 United Nations 

peacekeepers under the UNMIS peacekeeping force. 

(21) Since 1993, the Secretary of State has determined, 

pursuant to section 6(j) of the Export Administration Act of 

1979 (50 App. U.S.C. 2405(j)), that Sudan is a country, the 

government of which has repeatedly provided support for acts 

of international terrorism, thereby restricting United States 

assistance, defense exports and sales, and financial and other 

transactions with the Government of Sudan. 

SEC. 4. SENSE OF CONGRESS. 

It is the sense of Congress that— 

(1) the genocide unfolding in the Darfur region of Sudan 

is characterized by acts of terrorism and atrocities directed 

against civilians, including mass murder, rape, and sexual 

violence committed by the Janjaweed and associated militias 

with the complicity and support of the National Congress Partyled faction of the Government of Sudan; 

(2) all parties to the conflict in the Darfur region have 

continued to violate the N’Djamena Ceasefire Agreement of 

April 8, 2004, and the Abuja Protocols of November 9, 2004, 

and violence against civilians, humanitarian aid workers, and 

personnel of AMIS is increasing; 

(3) the African Union should immediately make all necessary preparations for an orderly transition to a United 

Nations peacekeeping operation, which will maintain an appropriate level of African participation, with a mandate to protect 

civilians and humanitarian operations, assist in the 

implementation of the Darfur Peace Agreement, and deter 

violence in the Darfur region; 

(4) the international community, including the United 

States and the European Union, should immediately act to 

mobilize sufficient political, military, and financial resources 

through the United Nations and the North Atlantic Treaty 

Organization, to support the transition of AMIS to a United 

Nations peacekeeping operation with the size, strength, and 

capacity necessary to protect civilians and humanitarian operations, to assist with the implementation of the Darfur Peace 

Agreement, and to end the continued violence in the Darfur 

region; 

(5) if an expanded and reinforced AMIS or subsequent 

United Nations peacekeeping operation fails to stop genocide 

in the Darfur region, the international community should take 

additional measures to prevent and suppress acts of genocide 

in the Darfur region; 

(6) acting under article 5 of the Charter of the United 

Nations, the United Nations Security Council should call for 

suspension of the Government of Sudan’s rights and privileges 

of membership by the General Assembly until such time as 

the Government of Sudan has honored pledges to cease attacks 
H. R. 3127—6

upon civilians, demobilize and demilitarize the Janjaweed and 

associated militias, and grant free and unfettered access for 

deliveries of humanitarian assistance in the Darfur region; 

(7) the President should use all necessary and appropriate 

diplomatic means to ensure the full discharge of the responsibilities of the Committee of the United Nations Security Council 

and the panel of experts established pursuant to section 3(a) 

of Security Council Resolution 1591 (2005); 

(8) the President should direct the United States Permanent Representative to the United Nations to use the voice, 

vote, and influence of the United States to urge the adoption 

of a resolution by the United Nations Security Council that— 

(A) extends the military embargo established by United 

Nations Security Resolutions 1556 (2004) and 1591 (2005) 

to include a total ban on the sale or supply of offensive 

military equipment to the Government of Sudan, except 

for use in an internationally recognized demobilization program or for nonlethal assistance necessary to carry out 

elements of the Comprehensive Peace Agreement for Sudan 

or the Darfur Peace Agreement; and 

(B) calls upon those member states of the United 

Nations that continue to undermine efforts to foster peace 

in Sudan by providing military assistance to the Government of Sudan, government supported militias, or any rebel 

group operating in Darfur in violation of the embargo on 

such assistance and equipment, as called for in United 

Nations Security Council Resolutions 1556 (2004) and 1591 

(2005), to immediately cease and desist. 

(9) the United States should not provide assistance to the 

Government of Sudan, other than assistance necessary for the 

implementation of the Comprehensive Peace Agreement for 

Sudan and the Darfur Peace Agreement, the support of the 

regional Government of Southern Sudan, the Transitional 

Darfur Regional Authority, and marginalized areas in Northern 

Sudan (including the Nuba Mountains, Southern Blue Nile, 

Abyei, Eastern Sudan (Beja), Darfur, and Nubia), or for 

humanitarian purposes in Sudan, until the Government of 

Sudan has honored pledges to cease attacks upon civilians, 

demobilize and demilitarize the Janjaweed and associated militias, grant free and unfettered access for deliveries of humanitarian assistance in the Darfur region, and allow for the safe 

and voluntary return of refugees and internally displaced persons; 

(10) the President should seek to assist members of the 

Sudanese diaspora in the United States by establishing a student loan forgiveness program for those individuals who commit 

to return to Southern Sudan for a period of not less than 

5 years for the purpose of contributing professional skills 

needed for the reconstruction of Southern Sudan; 

(11) the Presidential Special Envoy for Sudan should be 

provided with appropriate resources and a clear mandate to— 

(A) provide stewardship of efforts to implement the 

Comprehensive Peace Agreement for Sudan and the Darfur 

Peace Agreement; 

(B) seek ways to bring stability and peace to the Darfur 

region; 
H. R. 3127—7

(C) address instability elsewhere in Sudan, Chad, and 

northern Uganda; and 

(D) pursue a truly comprehensive peace throughout 

the region; 

(12) the international community should strongly condemn 

attacks against humanitarian workers and African Union personnel, and the forcible recruitment of refugees and internally 

displaced persons from camps in Chad and Sudan, and demand 

that all armed groups in the region, including the forces of 

the Government of Sudan, the Janjaweed, associated militias, 

the Sudan Liberation Movement/Army, the Justice and Equality 

Movement, the National Movement for Reform and Development (NMRD), and all other armed groups refrain from such 

activities; 

(13) the United States should fully support the Comprehensive Peace Agreement for Sudan and the Darfur Peace Agreement and urge rapid implementation of their terms; 

(14) the May 5, 2006 signing of the Darfur Peace Agreement 

between the Government of Sudan and the Sudan Liberation 

Movement was a positive development in a situation that has 

seen little political progress in 2 years and should be seized 

upon by all sides to begin the arduous process of post-conflict 

reconstruction, restitution, justice, and reconciliation; and 

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

Movement (referred to in this paragraph as ‘‘SPLM’’) should— 

(A) seek to transform SPLM into an inclusive, transparent, and democratic body; 

(B) reaffirm the commitment of SPLM to— 

(i) bring peace to Southern Sudan, the Darfur 

region, and Eastern Sudan; and 

(ii) eliminate safe haven for regional rebel movements, such as the Lord’s Resistance Army; and 

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

SPLM. 

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

(a) BLOCKING OF ASSETS AND RESTRICTION ON VISAS.—Section 

6 of the Comprehensive Peace in Sudan Act of 2004 (Public Law 

108–497; 50 U.S.C. 1701 note) is amended— 

(1) in the heading of subsection (b), by inserting ‘‘OF APPROPRIATE SENIOR OFFICIALS OF THE GOVERNMENT OF SUDAN’’ after 

‘‘ASSETS’’; 

(2) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; and 

(3) by inserting after subsection (b) the following: 

‘‘(c) BLOCKING OF ASSETS AND RESTRICTION ON VISAS OF CERTAIN INDIVIDUALS IDENTIFIED BY THE PRESIDENT.— 

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

is 30 days after the date of the enactment of the Darfur Peace 

and Accountability Act of 2006, and in the interest of contributing to peace in Sudan, the President shall, consistent with 

the authorities granted under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block the assets 

of any individual who the President determines is complicit 

in, or responsible for, acts of genocide, war crimes, or crimes 

against humanity in Darfur, including the family members 
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or any associates of such individual to whom assets or property 

of such individual was transferred on or after July 1, 2002. 

‘‘(2) RESTRICTION ON VISAS.—Beginning on the date that 

is 30 days after the date of the enactment of the Darfur Peace 

and Accountability Act of 2006, and in the interest of contributing to peace in Sudan, the President shall deny a visa and 

entry to any individual who the President determines to be 

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

or crimes against humanity in Darfur, including the family 

members or any associates of such individual to whom assets 

or property of such individual was transferred on or after 

July 1, 2002.’’. 

(b) WAIVER.—Section 6(d) of the Comprehensive Peace in Sudan 

Act of 2004, as redesignated by subsection (a), is amended by 

adding at the end the following: ‘‘The President may waive the 

application of paragraph (1) or (2) of subsection (c) with respect 

to any individual if the President determines that such a waiver 

is in the national interests of the United States and, before exercising the waiver, notifies the appropriate congressional committees 

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

(c) SANCTIONS AGAINST JANJAWEED COMMANDERS AND

COORDINATORS OR OTHER INDIVIDUALS.—It is the sense of Congress, 

that the President should immediately impose the sanctions 

described in section 6(c) of the Comprehensive Peace in Sudan 

Act of 2004, as added by subsection (a), against any individual, 

including the Janjaweed commanders and coordinators, identified 

as those who, among other acts, ‘‘impede the peace process, constitute a threat to stability in Darfur and the region, commit violations of international humanitarian or human rights law or other 

atrocities’’. 

SEC. 6. ADDITIONAL AUTHORITIES TO DETER AND SUPPRESS GENOCIDE IN DARFUR. 

(a) PRESIDENTIAL ASSISTANCE TO SUPPORT AMIS.—Subject to 

subsection (b) and notwithstanding any other provision of law, 

the President is authorized to provide AMIS with— 

(1) assistance for any expansion of the mandate, size, 

strength, and capacity to protect civilians and humanitarian 

operations in order to help stabilize the Darfur region of Sudan 

and dissuade and deter air attacks directed against civilians 

and humanitarian workers; and 

(2) assistance in the areas of logistics, transport, communications, material support, technical assistance, training, command and control, aerial surveillance, and intelligence. 

(b) CONDITIONS.— 

(1) IN GENERAL.—Assistance provided under subsection 

(a)— 

(A) shall be used only in the Darfur region; and 

(B) shall not be provided until AMIS has agreed not 

to transfer title to, or possession of, any such assistance 

to anyone not an officer, employee or agent of AMIS (or 

subsequent United Nations peacekeeping operation), and 

not to use or to permit the use of such assistance for 

any purposes other than those for which such assistance 

was furnished, unless the consent of the President has 

first been obtained, and written assurances reflecting all 
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of the forgoing have been obtained from AMIS by the 

President. 

(2) CONSENT.—If the President consents to the transfer 

of such assistance to anyone not an officer, employee, or agent 

of AMIS (or subsequent United Nations peacekeeping operation), or agrees to permit the use of such assistance for any 

purposes other than those for which such assistance was furnished, the President shall immediately notify the Committee 

on Foreign Relations of the Senate and the Committee on 

International Relations of the House of Representatives in 

accordance with the procedures applicable to reprogramming 

notifications under section 634A of the Foreign Assistance Act 

of 1961 (22 U.S.C. 2394–1). 

(c) NATO ASSISTANCE TO SUPPORT AMIS.—It is the sense 

of Congress that the President should continue to instruct the 

United States Permanent Representative to the North Atlantic 

Treaty Organization (referred to in this section as ‘‘NATO’’) to 

use the voice, vote, and influence of the United States at NATO 

to— 

(1) advocate NATO reinforcement of the AMIS and its 

orderly transition to a United Nations peacekeeping operation, 

as appropriate; 

(2) provide assets to help dissuade and deter air strikes 

directed against civilians and humanitarian workers in the 

Darfur region of Sudan; and 

(3) provide other logistical, transportation, communications, 

training, technical assistance, command and control, aerial 

surveillance, and intelligence support. 

(d) RULE OF CONSTRUCTION.—Nothing in this Act, or any 

amendment made by this Act, shall be construed as a provision 

described in section 5(b)(1) or 8(a)(1) of the War Powers Resolution 

(Public Law 93–148; 50 U.S.C. 1544(b), 1546(a)(1)). 

(e) DENIAL OF ENTRY AT UNITED STATES PORTS TO CERTAIN

CARGO SHIPS OR OIL TANKERS.— (1) IN GENERAL.—The President should take all necessary 

and appropriate steps to deny the Government of Sudan access 

to oil revenues, including by prohibiting entry at United States 

ports to cargo ships or oil tankers engaged in business or 

trade activities in the oil sector of Sudan or involved in the 

shipment of goods for use by the armed forces of Sudan until 

such time as the Government of Sudan has honored its commitments to cease attacks on civilians, demobilize and demilitarize 

the Janjaweed and associated militias, grant free and unfettered access for deliveries of humanitarian assistance, and allow 

for the safe and voluntary return of refugees and internally 

displaced persons. 

(2) EXCEPTION.—Paragraph (1) shall not apply with respect 

to cargo ships or oil tankers involved in— 

(A) an internationally-recognized demobilization program; 

(B) the shipment of non-lethal assistance necessary 

to carry out elements of the Comprehensive Peace Agreement for Sudan or the Darfur Peace Agreement; or 

(C) the shipment of military assistance necessary to 

carry out elements of an agreement referred to in subparagraph (B) if the President has made the determination 

set forth in section 8(c)(2). 
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(f) PROHIBITION ON ASSISTANCE TO COUNTRIES IN VIOLATION

OF UNITED NATIONS SECURITY COUNCIL RESOLUTIONS 1556 AND

1591.— 

(1) PROHIBITION.—Amounts made available to carry out 

the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) 

may not be used to provide assistance (other than humanitarian 

assistance) to the government of a country that is in violation 

of the embargo on military assistance with respect to Sudan 

imposed pursuant to United Nations Security Council Resolutions 1556 (2004) and 1591 (2005). 

(2) WAIVER.—The President may waive the application of 

paragraph (1) if the President determines, and certifies to the 

appropriate congressional committees, that such waiver is in 

the national interests of the United States. 

SEC. 7. CONTINUATION OF RESTRICTIONS. 

(a) IN GENERAL.—Restrictions against the Government of 

Sudan that were imposed pursuant to Executive Order No. 13067 

of November 3, 1997 (62 Federal Register 59989), title III and 

sections 508, 512, 527, and 569 of the Foreign Operations, Export 

Financing, and Related Programs Appropriations Act, 2006 (Public 

Law 109–102), or any other similar provision of law, shall remain 

in effect, and shall not be lifted pursuant to such provisions of 

law, until the President certifies to the appropriate congressional 

committees that the Government of Sudan is acting in good faith 

to— 

(1) implement the Darfur Peace Agreement; 

(2) disarm, demobilize, and demilitarize the Janjaweed and 

all militias allied with the Government of Sudan; 

(3) adhere to all associated United Nations Security Council 

Resolutions, including Security Council Resolutions 1556 

(2004), 1564 (2004), 1591 (2005), 1593 (2005), 1663 (2006), 

1665 (2006), and 1706 (2006); 

(4) negotiate a peaceful resolution to the crisis in eastern 

Sudan; 

(5) fully cooperate with efforts to disarm, demobilize, and 

deny safe haven to members of the Lord’s Resistance Army 

in Sudan; and 

(6) fully implement the Comprehensive Peace Agreement 

for Sudan without manipulation or delay, by— 

(A) implementing the recommendations of the Abyei 

Boundaries Commission Report; 

(B) establishing other appropriate commissions and 

implementing and adhering to the recommendations of such 

commissions consistent with the terms of the Comprehensive Peace Agreement for Sudan; 

(C) adhering to the terms of the Wealth Sharing Agreement; and 

(D) withdrawing government forces from Southern 

Sudan consistent with the terms of the Comprehensive 

Peace Agreement for Sudan. 

(b) WAIVER.—The President may waive the application of subsection (a) if the President determines, and certifies to the appropriate congressional committees, that such waiver is in the national 

interests of the United States. 
H. R. 3127—11

SEC. 8. ASSISTANCE EFFORTS IN SUDAN. 

(a) ASSISTANCE FOR INTERNATIONAL MALARIA CONTROL ACT.— Section 501 of the Assistance for International Malaria Control 

Act (Public Law 106–570; 50 U.S.C. 1701 note) is repealed. 

(b) COMPREHENSIVE PEACE IN SUDAN ACT.—Section 7 of the 

Comprehensive Peace in Sudan Act of 2004 (Public Law 108–497; 

50 U.S.C. 1701 note) is repealed. 

(c) ECONOMIC ASSISTANCE.— (1) IN GENERAL.—Notwithstanding any other provision of 

law, the President is authorized to provide economic assistance 

for Southern Sudan, Southern Kordofan/Nuba Mountains State, 

Blue Nile State, Abyei, Darfur, and marginalized areas in and 

around Khartoum, in an effort to provide emergency relief, 

to promote economic self-sufficiency, to build civil authority, 

to provide education, to enhance rule of law and the development of judicial and legal frameworks, and to support people 

to people reconciliation efforts, or to implement any nonmilitary 

program in support of any viable peace agreement in Sudan, 

including the Comprehensive Peace Agreement for Sudan and 

the Darfur Peace Agreement. 

(2) CONGRESSIONAL NOTIFICATION.—Assistance may not be 

obligated under this subsection until 15 days after the date 

on which the Secretary of State notifies the congressional 

committees specified in section 634A of the Foreign Assistance 

Act of 1961 (22 U.S.C. 2394–1) of such obligation in accordance 

with the procedures applicable to reprogramming notifications 

under such section. 

(d) AUTHORIZED MILITARY ASSISTANCE.— (1) IN GENERAL.—If the President has not made a certification under section 12(a)(3) of the Sudan Peace Act (50 U.S.C. 

1701 note) regarding the noncompliance of the SPLM/A or 

the Government of Southern Sudan with the Comprehensive 

Peace Agreement for Sudan, the President, notwithstanding 

any other provision of law, may authorize, for each of fiscal 

years 2006, 2007, and 2008, the provision of the following 

assistance to the Government of Southern Sudan for the purpose of constituting a professional military force— 

(A) non-lethal military equipment and related defense 

services, including training, controlled under the International Traffic in Arms Regulations (22 C.F.R. 120.1 et 

seq.) if the President— 

(i) determines that the provision of such items 

is in the national security interest of the United States; 

and 

(ii) not later than 15 days before the provision 

of any such items, notifies the Committee on Foreign 

Relations of the Senate and the Committee on International Relations of the House of Representatives of 

such determination; and 

(B) small arms and ammunition under categories I 

and III of the United States Munitions List (22 C.F.R. 

121.1 et seq.) if the President— 

(i) determines that the provision of such equipment 

is essential to the national security interests of the 

United States; and 

(ii) consistent with the procedures set forth in 

section 614(a)(3) of the Foreign Assistance Act of 1961 
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(22 U.S.C. 2364(a)(3)), notifies the Committee on Foreign Relations of the Senate and the Committee on 

International Relations of the House of Representatives 

of such determination. 

(2) END USE ASSURANCES.—For each item exported pursuant to this subsection or subsection (c), the President shall 

include with the notification to Congress under subparagraphs 

(A)(ii) and (B)(ii) of paragraph (1)— 

(A) an identification of the end users to which the 

provision of assistance is being made; 

(B) the dollar value of the items being provided; 

(C) a description of the items being provided; and 

(D) a description of the end use verification procedures 

that will be applied to such items, including— 

(i) any special assurances obtained from the 

Government of Southern Sudan or other authorized 

end users regarding such equipment; and 

(ii) the end use or retransfer controls that will 

be applied to any items provided under this subsection. 

(3) WAIVER AUTHORITY.—Section 40 of the Arms Export 

Control Act (22 U.S.C. 2780) shall not apply to assistance 

provided under paragraph (1). 

(e) EXCEPTION TO PROHIBITIONS IN EXECUTIVE ORDER NUMBER

13067.—Notwithstanding any other provision of law, the prohibitions set forth with respect to Sudan in Executive Order No. 13067 

(62 Fed. Reg. 59989) shall not apply to activities or related transactions with respect to Southern Sudan, Southern Kordofan/Nuba 

Mountains State, Blue Nile State, Abyei, Darfur, or marginalized 

areas in and around Khartoum. 

SEC. 9. REPORTING REQUIREMENTS. 

Section 8 of the Sudan Peace Act (Public Law 107–245; 50 

U.S.C. 1701 note) is amended— 

(1) by redesignating subsection (c) as subsection (g); and 

(2) by inserting after subsection (b) the following: 

‘‘(c) REPORT ON AFRICAN UNION MISSION IN SUDAN.—Until such 

time as AMIS concludes its mission in Darfur, in conjunction with 

the other reports required under this section, the Secretary of 

State, in consultation with all relevant Federal departments and 

agencies, shall prepare and submit a report, to the appropriate 

congressional committees, regarding— 

‘‘(1) a detailed description of all United States assistance 

provided to the African Union Mission in Sudan (referred to 

in this subsection as ‘AMIS’) since the establishment of AMIS, 

reported by fiscal year and the type and purpose of such assistance; and 

‘‘(2) the level of other international assistance provided 

to AMIS, including assistance from countries, regional and 

international organizations, such as the North Atlantic Treaty 

Organization, the European Union, the Arab League, and the 

United Nations, reported by fiscal year and the type and purpose of such assistance, to the extent possible. 

‘‘(d) REPORT ON SANCTIONS IN SUPPORT OF PEACE IN DARFUR.—

In conjunction with the other reports required under this section, 

the Secretary of State shall submit a report to the appropriate 

congressional committees regarding sanctions imposed under section 6 of the Comprehensive Peace in Sudan Act of 2004, including— 
H. R. 3127—13

‘‘(1) a description of each sanction imposed under such 

provision of law; 

‘‘(2) the name of the individual or entity subject to the 

sanction, if applicable; and 

‘‘(3) whether or not such individual has been identified 

by the United Nations panel of experts. 

‘‘(e) REPORT ON UNITED STATES MILITARY ASSISTANCE.—In 

conjunction with the other reports required under this section, 

the Secretary of State shall submit a report to the appropriate 

congressional committees describing the effectiveness of any assistance provided under section 8 of the Darfur Peace and Accountability Act of 2006, including— 

‘‘(1) a detailed annex on any military assistance provided 

in the period covered by this report; 

‘‘(2) the results of any review or other monitoring conducted 

by the Federal Government with respect to assistance provided 

under that Act; and 

‘‘(3) any unauthorized retransfer or use of military assistance furnished by the United States.’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.