In the Senate of the United States,

September 21, 2006.

Resolved, That the bill from the House of Representatives (H.R. 3127) entitled ‘‘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.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

3 ‘‘Darfur Peace and Accountability Act of 2006’’.
 †

2

HR 3127 EAS

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

2 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.

3 SEC. 2. DEFINITIONS.

4 In this Act:

5 (1) AMIS.—The term ‘‘AMIS’’ means the Afri6 can Union Mission in Sudan.

7 (2) APPROPRIATE CONGRESSIONAL COMMIT8 TEES.—The term ‘‘appropriate congressional commit9 tees’’ means the Committee on Foreign Relations of

10 the Senate and the Committee on International Rela11 tions of the House of Representatives.

12 (3) COMPREHENSIVE PEACE AGREEMENT FOR

13 SUDAN.—The term ‘‘Comprehensive Peace Agreement

14 for Sudan’’ means the peace agreement signed by the

15 Government of Sudan and the SPLM/A in Nairobi,

16 Kenya, on January 9, 2005.

17 (4) DARFUR PEACE AGREEMENT.—The term

18 ‘‘Darfur Peace Agreement’’ means the peace agree19 ment signed by the Government of Sudan and by

20 Minni Minnawi, leader of the Sudan Liberation
†

3

HR 3127 EAS

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

2 5, 2006.

3 (5) GOVERNMENT OF SUDAN.—The term ‘‘Gov4 ernment of Sudan’’—

5 (A) means—

6 (i) the government in Khartoum,

7 Sudan, which is led by the National Con8 gress Party (formerly known as the Na9 tional Islamic Front); or

10 (ii) any successor government formed

11 on or after the date of the enactment of this

12 Act (including the coalition National Unity

13 Government agreed upon in the Comprehen14 sive Peace Agreement for Sudan); and

15 (B) does not include the regional govern16 ment of Southern Sudan.

17 (6) OFFICIALS OF THE GOVERNMENT OF

18 SUDAN.—The term ‘‘official of the Government of

19 Sudan’’ does not include any individual—

20 (A) who was not a member of such govern21 ment before July 1, 2005; or

22 (B) who is a member of the regional govern23 ment of Southern Sudan.

24 (7) SPLM/A.—The term ‘‘SPLM/A’’ means the

25 Sudan People’s Liberation Movement/Army.
†

4

HR 3127 EAS

1 SEC. 3. FINDINGS.

2 Congress makes the following findings:

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

4 atrocities unfolding in Darfur, Sudan, are genocide’’.

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

6 Colin L. Powell stated before the Committee on For7 eign Relations of the Senate, ‘‘genocide has occurred

8 and may still be occurring in Darfur’’, and ‘‘the Gov9 ernment of Sudan and the Janjaweed bear responsi10 bility’’.

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

12 the United Nations General Assembly, President

13 George W. Bush affirmed the Secretary of State’s

14 finding and stated,‘‘[a]t this hour, the world is wit15 nessing terrible suffering and horrible crimes in the

16 Darfur region of Sudan, crimes my government has

17 concluded are genocide’’.

18 (4) On July 30, 2004, the United Nations Secu19 rity Council passed Security Council Resolution 1556

20 (2004), calling upon the Government of Sudan to dis21 arm the Janjaweed militias and to apprehend and

22 bring to justice Janjaweed leaders and their associates

23 who have incited and carried out violations of human

24 rights and international humanitarian law, and es25 tablishing a ban on the sale or supply of arms and

26 related materiel of all types, including the provision
†

5

HR 3127 EAS

1 of related technical training or assistance, to all non2 governmental entities and individuals, including the

3 Janjaweed.

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

5 Security Council passed Security Council Resolution

6 1564 (2004), determining that the Government of

7 Sudan had failed to meet its obligations under Secu8 rity Council Resolution 1556 (2004), calling for a

9 military flight ban in and over the Darfur region, de10 manding the names of Janjaweed militiamen dis11 armed and arrested for verification, establishing an

12 International Commission of Inquiry on Darfur to

13 investigate violations of international humanitarian

14 and human rights laws, and threatening sanctions

15 should the Government of Sudan fail to fully comply

16 with Security Council Resolutions 1556 (2004) and

17 1564 (2004), including such actions as to affect Su18 dan’s petroleum sector or individual members of the

19 Government of Sudan.

20 (6) The Report of the International Commission

21 of Inquiry on Darfur, submitted to the United Na22 tions Secretary-General on January 25, 2005, estab23 lished that the ‘‘Government of the Sudan and the

24 Janjaweed are responsible for serious violations of

25 international human rights and humanitarian law
†

6

HR 3127 EAS

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 officials of the Govern5 ment of Sudan and other individuals may have acted

6 with ‘‘genocidal intent’’.

7 (7) On March 24, 2005, the United Nations Se8 curity Council passed Security Council Resolution

9 1590 (2005), establishing the United Nations Mission

10 in Sudan (referred to in this section as the

11 ‘‘UNMIS’’), consisting of up to 10,000 military per12 sonnel and 715 civilian police tasked with supporting

13 the implementation of the Comprehensive Peace

14 Agreement for Sudan and to ‘‘closely and continu15 ously liaise and coordinate at all levels with the Afri16 can Union Mission in Sudan (AMIS)’’, which had

17 been established by the African Union on May 24,

18 2004, to monitor the implementation of the

19 N’Djamena Humanitarian Ceasefire Agreement,

20 signed on April 8, 2004, ‘‘with a view towards expe21 ditiously reinforcing the effort to foster peace in

22 Darfur’’.

23 (8) On March 29, 2005, the United Nations Se24 curity Council passed Security Council Resolution

25 1591 (2005), extending the military embargo estab-
†

7

HR 3127 EAS

1 lished by Security Council Resolution 1556 (2004) to

2 all the parties to the N’Djamena Ceasefire Agreement

3 of April 8, 2004, and any other belligerents in the

4 states of North Darfur, South Darfur, and West

5 Darfur, calling for an asset freeze and travel ban

6 against those individuals who impede the peace proc7 ess, constitute a threat to stability in Darfur and the

8 region, commit violations of international humani9 tarian or human rights law or other atrocities, are re10 sponsible for offensive military overflights, or violate

11 the military embargo, and establishing a Committee

12 of the Security Council and a panel of experts to as13 sist in monitoring compliance with Security Council

14 Resolutions 1556 (2004) and 1591 (2005).

15 (9) On March 31, 2005, the United Nations Se16 curity Council passed Security Council Resolution

17 1593 (2005), referring the situation in Darfur since

18 July 1, 2002, to the prosecutor of the International

19 Criminal Court and calling on the Government of

20 Sudan and all parties to the conflict to cooperate

21 fully with the Court.

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

23 Mabior, the newly appointed Vice President of Sudan

24 and the leader of the SPLM/A for the past 21 years,

25 was killed in a tragic helicopter crash in Southern
†

8

HR 3127 EAS

1 Sudan, sparking riots in Khartoum and challenging

2 the commitment of all Sudanese to the Comprehensive

3 Peace Agreement for Sudan.

4 (11) On January 12, 2006, the African Union

5 Peace and Security Council issued a communique en6 dorsing, in principle, a transition from AMIS to a

7 United Nations peacekeeping operation and requested

8 the Chairperson of the Council to initiate consulta9 tions with the United Nations and other stakeholders

10 toward this end.

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

12 Security Council issued a Presidential Statement au13 thorizing the initiation of contingency planning for a

14 transition from AMIS to a United Nations peace15 keeping operation.

16 (13) On March 10, 2006, the African Union

17 Peace and Security Council extended the mandate of

18 AMIS, which had reached a force size of 7,000, to

19 September 30, 2006, while simultaneously endorsing

20 the transition of AMIS to a United Nations peace21 keeping operation and setting April 30, 2006 as the

22 deadline for reaching an agreement to resolve the cri23 sis in Darfur.
†

9

HR 3127 EAS

1 (14) On March 24, 2006, the United Nations Se2 curity Council passed Security Council Resolution

3 1663 (2006), which—

4 (A) welcomes the African Peace and Secu5 rity Council’s March 10, 2006 communique; and

6 (B) requests that the United Nations Sec7 retary-General, jointly with the African Union

8 and in consultation with the parties to the Abuja

9 Peace Talks, expedite planning for the transition

10 of AMIS to a United Nations peacekeeping oper11 ation.

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

13 Freedom House, President Bush called for a transi14 tion to a United Nations peacekeeping operation and

15 ‘‘additional forces with a NATO overlay . . . to pro16 vide logistical and command-and-control and airlift

17 capacity, but also to send a clear signal to parties in18 volved that the west is determined to help effect a set19 tlement.’’.

20 (16) On April 25, 2006, the United Nations Se21 curity Council passed Security Council Resolution

22 1672 (2006), unanimously imposing targeted finan23 cial sanctions and travel restrictions on 4 individuals

24 who had been identified as those who, among other

25 acts, ‘‘impede the peace process, constitute a threat to
†

10

HR 3127 EAS

1 stability in Darfur and the region, commit violations

2 of international humanitarian or human rights law

3 or other atrocities’’, including the Commander of the

4 Western Military Region for the armed forces of

5 Sudan, the Paramount Chief of the Jalul Tribe in

6 North Darfur, the Commander of the Sudan Libera7 tion Army, and the Field Commander of the National

8 Movement for Reform and Development.

9 (17) On May 5, 2006, under the auspices of Afri10 can Union mediation and the direct engagement of

11 the international community, including the United

12 States, the Government of Sudan and the largest rebel

13 faction in Darfur, the Sudan Liberation Movement,

14 led by Minni Minnawi, signed the Darfur Peace

15 Agreement, which addresses security, power sharing,

16 and wealth sharing issues between the parties.

17 (18) In August 2006, the Sudanese government

18 began to amass military forces and equipment in the

19 Darfur region in contravention of the Darfur Peace

20 Agreement to which they are signatories in what ap21 pears to be preliminary to full scale war.

22 (19) On August 30, 2006, the United Nations Se23 curity Council passed Security Council Resolution

24 1706 (2006), without dissent and with abstentions by

25 China, Russian Federation, and Qatar, thereby as-
†

11

HR 3127 EAS

1 serting that the existing United Nations Mission in

2 Sudan ‘‘shall take over from AMIS responsibility for

3 supporting the implementation of the Darfur Peace

4 Agreement upon the expiration of AMIS’ mandate but

5 in any event no later than 31 December 2006’’, and

6 that UNMIS ‘‘shall be strengthened by up to 17,300

7 military personnel . . . 3,300 civilian police personnel

8 and up to 16 Formed Police Units’’, which ‘‘shall

9 begin to be deployed [to Darfur] no later than 1 Octo10 ber 2006’’.

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

12 President Bashir and other senior members of his ad13 ministration have publicly rejected United Nations

14 Security Council Resolution 1706 (2006), calling it

15 illegal and a western invasion of his country, despite

16 the current presence of 10,000 United Nations peace17 keepers under the UNMIS peacekeeping force.

18 (21) Since 1993, the Secretary of State has de19 termined, pursuant to section 6(j) of the Export Ad20 ministration Act of 1979 (50 App. U.S.C. 2405(j)),

21 that Sudan is a country, the government of which has

22 repeatedly provided support for acts of international

23 terrorism, thereby restricting United States assist24 ance, defense exports and sales, and financial and

25 other transactions with the Government of Sudan.
†

12

HR 3127 EAS

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) all parties to the conflict in the Darfur re11 gion have continued to violate the N’Djamena

12 Ceasefire Agreement of April 8, 2004, and the Abuja

13 Protocols of November 9, 2004, and violence against

14 civilians, humanitarian aid workers, and personnel of

15 AMIS is increasing;

16 (3) the African Union should immediately make

17 all necessary preparations for an orderly transition to

18 a United Nations peacekeeping operation, which will

19 maintain an appropriate level of African participa20 tion, with a mandate to protect civilians and human21 itarian operations, assist in the implementation of

22 the Darfur Peace Agreement, and deter violence in the

23 Darfur region;

24 (4) the international community, including the

25 United States and the European Union, should im26 mediately act to mobilize sufficient political, mili-
†

13

HR 3127 EAS

1 tary, and financial resources through the United Na2 tions and the North Atlantic Treaty Organization, to

3 support the transition of AMIS to a United Nations

4 peacekeeping operation with the size, strength, and

5 capacity necessary to protect civilians and humani6 tarian operations, to assist with the implementation

7 of the Darfur Peace Agreement, and to end the contin8 ued violence in the Darfur region;

9 (5) if an expanded and reinforced AMIS or sub10 sequent United Nations peacekeeping operation fails

11 to stop genocide in the Darfur region, the inter12 national community should take additional measures

13 to prevent and suppress acts of genocide in the Darfur

14 region;

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

16 United Nations, the United Nations Security Council

17 should call for suspension of the Government of Su18 dan’s rights and privileges of membership by the Gen19 eral Assembly until such time as the Government of

20 Sudan has honored pledges to cease attacks upon ci21 vilians, demobilize and demilitarize the Janjaweed

22 and associated militias, and grant free and unfettered

23 access for deliveries of humanitarian assistance in the

24 Darfur region;
†

14

HR 3127 EAS

1 (7) the President should use all necessary and

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

4 United Nations Security Council and the panel of ex5 perts established pursuant to section 3(a) of Security

6 Council Resolution 1591 (2005);

7 (8) the President should direct the United States

8 Permanent Representative to the United Nations to

9 use the voice, vote, and influence of the United States

10 to urge the adoption of a resolution by the United Na11 tions Security Council that—

12 (A) extends the military embargo estab13 lished by United Nations Security Resolutions

14 1556 (2004) and 1591 (2005) to include a total

15 ban on the sale or supply of offensive military

16 equipment to the Government of Sudan, except

17 for use in an internationally recognized demobi18 lization program or for nonlethal assistance nec19 essary to carry out elements of the Comprehen20 sive Peace Agreement for Sudan or the Darfur

21 Peace Agreement; and

22 (B) calls upon those member states of the

23 United Nations that continue to undermine ef24 forts to foster peace in Sudan by providing mili25 tary assistance to the Government of Sudan, gov-
†

15

HR 3127 EAS

1 ernment supported militias, or any rebel group

2 operating in Darfur in violation of the embargo

3 on such assistance and equipment, as called for

4 in United Nations Security Council Resolutions

5 1556 (2004) and 1591 (2005), to immediately

6 cease and desist.

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 and the

11 Darfur Peace Agreement, the support of the regional

12 Government of Southern Sudan, the Transitional

13 Darfur Regional Authority, and marginalized areas

14 in Northern Sudan (including the Nuba Mountains,

15 Southern Blue Nile, Abyei, Eastern Sudan (Beja),

16 Darfur, and Nubia), or for humanitarian purposes in

17 Sudan, until the Government of Sudan has honored

18 pledges to cease attacks upon civilians, demobilize

19 and demilitarize the Janjaweed and associated mili20 tias, grant free and unfettered access for deliveries of

21 humanitarian assistance in the Darfur region, and

22 allow for the safe and voluntary return of refugees

23 and internally displaced persons;

24 (10) the President should seek to assist members

25 of the Sudanese diaspora in the United States by es-
†

16

HR 3127 EAS

1 tablishing a student loan forgiveness program for

2 those individuals who commit to return to Southern

3 Sudan for a period of not less than 5 years for the

4 purpose of contributing professional skills needed for

5 the reconstruction of Southern Sudan;

6 (11) the Presidential Special Envoy for Sudan

7 should be provided with appropriate resources and a

8 clear mandate to—

9 (A) provide stewardship of efforts to imple10 ment the Comprehensive Peace Agreement for

11 Sudan and the Darfur Peace Agreement;

12 (B) seek ways to bring stability and peace

13 to the Darfur region;

14 (C) address instability elsewhere in Sudan,

15 Chad, and northern Uganda; and

16 (D) pursue a truly comprehensive peace

17 throughout the region;

18 (12) the international community should strong19 ly condemn attacks against humanitarian workers

20 and African Union personnel, and the forcible re21 cruitment of refugees and internally displaced persons

22 from camps in Chad and Sudan, and demand that

23 all armed groups in the region, including the forces

24 of the Government of Sudan, the Janjaweed, associ25 ated militias, the Sudan Liberation Movement/Army,
†

17

HR 3127 EAS

1 the Justice and Equality Movement, the National

2 Movement for Reform and Development (NMRD), and

3 all other armed groups refrain from such activities;

4 (13) the United States should fully support the

5 Comprehensive Peace Agreement for Sudan and the

6 Darfur Peace Agreement and urge rapid implementa7 tion of their terms;

8 (14) the May 5, 2006 signing of the Darfur

9 Peace Agreement between the Government of Sudan

10 and the Sudan Liberation Movement was a positive

11 development in a situation that has seen little polit12 ical progress in 2 years and should be seized upon by

13 all sides to begin the arduous process of post-conflict

14 reconstruction, restitution, justice, and reconciliation;

15 and

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

17 Liberation Movement (referred to in this paragraph

18 as ‘‘SPLM’’) should—

19 (A) seek to transform SPLM into an inclu20 sive, transparent, and democratic body;

21 (B) reaffirm the commitment of SPLM to—

22 (i) bring peace to Southern Sudan, the

23 Darfur region, and Eastern Sudan; and
†

18

HR 3127 EAS

1 (ii) eliminate safe haven for regional

2 rebel movements, such as the Lord’s Resist3 ance Army; and

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

5 undermine SPLM.

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

7 (a) BLOCKING OF ASSETS AND RESTRICTION ON

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

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

10 is amended—

11 (1) in the heading of subsection (b), by inserting

12 ‘‘OF APPROPRIATE SENIOR OFFICIALS OF THE GOV13 ERNMENT OF SUDAN’’ after ‘‘ASSETS’’;

14 (2) by redesignating subsections (c) through (e)

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

16 (3) by inserting after subsection (b) the fol17 lowing:

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

19 VISAS OF CERTAIN INDIVIDUALS IDENTIFIED BY THE

20 PRESIDENT.—

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

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

23 of the Darfur Peace and Accountability Act of 2006,

24 and in the interest of contributing to peace in Sudan,

25 the President shall, consistent with the authorities
†

19

HR 3127 EAS

1 granted under the International Emergency Economic

2 Powers Act (50 U.S.C. 1701 et seq.), block the assets

3 of any individual who the President determines is

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

5 crimes, or crimes against humanity in Darfur, in6 cluding the family members or any associates of such

7 individual to whom assets or property of such indi8 vidual was transferred on or after July 1, 2002.

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

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

11 of the Darfur Peace and Accountability Act of 2006,

12 and in the interest of contributing to peace in Sudan,

13 the President shall deny a visa and entry to any in14 dividual who the President determines to be complicit

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

16 crimes against humanity in Darfur, including the

17 family members or any associates of such individual

18 to whom assets or property of such individual was

19 transferred on or after July 1, 2002.’’.

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

21 in Sudan Act of 2004, as redesignated by subsection (a),

22 is amended by adding at the end the following: ‘‘The Presi23 dent may waive the application of paragraph (1) or (2)

24 of subsection (c) with respect to any individual if the Presi25 dent determines that such a waiver is in the national inter-
†

20

HR 3127 EAS

1 ests of the United States and, before exercising the waiver,

2 notifies the appropriate congressional committees of the

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

4 (c) SANCTIONS AGAINST JANJAWEED COMMANDERS

5 AND COORDINATORS OR OTHER INDIVIDUALS.—It is the

6 sense of Congress, that the President should immediately

7 impose the sanctions described in section 6(c) of the Com8 prehensive Peace in Sudan Act of 2004, as added by sub9 section (a), against any individual, including the

10 Janjaweed commanders and coordinators, identified as

11 those who, among other acts, ‘‘impede the peace process, con12 stitute a threat to stability in Darfur and the region, com13 mit violations of international humanitarian or human

14 rights law or other atrocities’’.

15 SEC. 6. ADDITIONAL AUTHORITIES TO DETER AND SUP16 PRESS GENOCIDE IN DARFUR.

17 (a) PRESIDENTIAL ASSISTANCE TO SUPPORT AMIS.—

18 Subject to subsection (b) and notwithstanding any other

19 provision of law, the President is authorized to provide

20 AMIS with—

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

22 size, strength, and capacity to protect civilians and

23 humanitarian operations in order to help stabilize the

24 Darfur region of Sudan and dissuade and deter air
†

21

HR 3127 EAS

1 attacks directed against civilians and humanitarian

2 workers; and

3 (2) assistance in the areas of logistics, transport,

4 communications, material support, technical assist5 ance, training, command and control, aerial surveil6 lance, and intelligence.

7 (b) CONDITIONS.—

8 (1) IN GENERAL.—Assistance provided under

9 subsection (a)—

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

11 and

12 (B) shall not be provided until AMIS has

13 agreed not to transfer title to, or possession of,

14 any such assistance to anyone not an officer, em15 ployee or agent of AMIS (or subsequent United

16 Nations peacekeeping operation), and not to use

17 or to permit the use of such assistance for any

18 purposes other than those for which such assist19 ance was furnished, unless the consent of the

20 President has first been obtained, and written

21 assurances reflecting all of the forgoing have been

22 obtained from AMIS by the President.

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

24 transfer of such assistance to anyone not an officer,

25 employee, or agent of AMIS (or subsequent United
†

22

HR 3127 EAS

1 Nations peacekeeping operation), or agrees to permit

2 the use of such assistance for any purposes other than

3 those for which such assistance was furnished, the

4 President shall immediately notify the Committee on

5 Foreign Relations of the Senate and the Committee on

6 International Relations of the House of Representa7 tives in accordance with the procedures applicable to

8 reprogramming notifications under section 634A of

9 the Foreign Assistance Act of 1961 (22 U.S.C. 2394–

10 1).

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

12 sense of Congress that the President should continue to in13 struct the United States Permanent Representative to the

14 North Atlantic Treaty Organization (referred to in this sec15 tion as ‘‘NATO’’) to use the voice, vote, and influence of

16 the United States at NATO to—

17 (1) advocate NATO reinforcement of the AMIS

18 and its orderly transition to a United Nations peace19 keeping operation, as appropriate;

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

21 strikes directed against civilians and humanitarian

22 workers in the Darfur region of Sudan; and

23 (3) provide other logistical, transportation, com24 munications, training, technical assistance, command
†

23

HR 3127 EAS

1 and control, aerial surveillance, and intelligence sup2 port.

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

4 any amendment made by this Act, shall be construed as

5 a provision described in section 5(b)(1) or 8(a)(1) of the

6 War Powers Resolution (Public Law 93–148; 50 U.S.C.

7 1544(b), 1546(a)(1)).

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

9 CERTAIN CARGO SHIPS OR OIL TANKERS.—

10 (1) IN GENERAL.—The President should take all

11 necessary and appropriate steps to deny the Govern12 ment of Sudan access to oil revenues, including by

13 prohibiting entry at United States ports to cargo

14 ships or oil tankers engaged in business or trade ac15 tivities in the oil sector of Sudan or involved in the

16 shipment of goods for use by the armed forces of

17 Sudan until such time as the Government of Sudan

18 has honored its commitments to cease attacks on civil19 ians, demobilize and demilitarize the Janjaweed and

20 associated militias, grant free and unfettered access

21 for deliveries of humanitarian assistance, and allow

22 for the safe and voluntary return of refugees and in23 ternally displaced persons.
†

24

HR 3127 EAS

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

2 with respect to cargo ships or oil tankers involved

3 in—

4 (A) an internationally-recognized demobili5 zation program;

6 (B) the shipment of non-lethal assistance

7 necessary to carry out elements of the Com8 prehensive Peace Agreement for Sudan or the

9 Darfur Peace Agreement; or

10 (C) the shipment of military assistance nec11 essary to carry out elements of an agreement re12 ferred to in subparagraph (B) if the President

13 has made the determination set forth in section

14 8(c)(2).

15 (f) PROHIBITION ON ASSISTANCE TO COUNTRIES IN

16 VIOLATION OF UNITED NATIONS SECURITY COUNCIL RESO17 LUTIONS 1556 AND 1591.—

18 (1) PROHIBITION.—Amounts made available to

19 carry out the Foreign Assistance Act of 1961 (22

20 U.S.C. 2151 et seq.) may not be used to provide as21 sistance (other than humanitarian assistance) to the

22 government of a country that is in violation of the

23 embargo on military assistance with respect to Sudan

24 imposed pursuant to United Nations Security Coun25 cil Resolutions 1556 (2004) and 1591 (2005).
†

25

HR 3127 EAS

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 such waiver is in the national inter5 ests of the United States.

6 SEC. 7. CONTINUATION OF RESTRICTIONS.

7 (a) IN GENERAL.—Restrictions against the Govern8 ment of Sudan that were imposed pursuant to Executive

9 Order 13067 of November 3, 1997 (62 Federal Register

10 59989), title III and sections 508, 512, 527, and 569 of

11 the Foreign Operations, Export Financing, and Related

12 Programs Appropriations Act, 2006 (Public Law 109–102),

13 or any other similar provision of law, shall remain in effect,

14 and shall not be lifted pursuant to such provisions of law,

15 until the President certifies to the appropriate congressional

16 committees that the Government of Sudan is acting in good

17 faith to—

18 (1) implement the Darfur Peace Agreement;

19 (2) disarm, demobilize, and demilitarize the

20 Janjaweed and all militias allied with the Govern21 ment of Sudan;

22 (3) adhere to all associated United Nations Secu23 rity Council Resolutions, including Security Council

24 Resolutions 1556 (2004), 1564 (2004), 1591 (2005),
†

26

HR 3127 EAS

1 1593 (2005), 1663 (2006), 1665 (2006), and 1706

2 (2006);

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

4 eastern Sudan;

5 (5) fully cooperate with efforts to disarm, de6 mobilize, and deny safe haven to members of the

7 Lord’s Resistance Army in Sudan; and

8 (6) fully implement the Comprehensive Peace

9 Agreement for Sudan without manipulation or delay,

10 by—

11 (A) implementing the recommendations of

12 the Abyei Boundaries Commission Report;

13 (B) establishing other appropriate commis14 sions and implementing and adhering to the rec15 ommendations of such commissions consistent

16 with the terms of the Comprehensive Peace

17 Agreement for Sudan;

18 (C) adhering to the terms of the Wealth

19 Sharing Agreement; and

20 (D) withdrawing government forces from

21 Southern Sudan consistent with the terms of the

22 Comprehensive Peace Agreement for Sudan.

23 (b) WAIVER.—The President may waive the applica24 tion of subsection (a) if the President determines, and cer-
†

27

HR 3127 EAS

1 tifies to the appropriate congressional committees, that such

2 waiver is in the national interests of the United States.

3 SEC. 8. ASSISTANCE EFFORTS IN SUDAN.

4 (a) ASSISTANCE FOR INTERNATIONAL MALARIA CON5 TROL ACT.—Section 501 of the Assistance for International

6 Malaria Control Act (Public Law 106–570; 50 U.S.C. 1701

7 note) is repealed.

8 (b) COMPREHENSIVE PEACE IN SUDAN ACT.—Section

9 7 of the Comprehensive Peace in Sudan Act of 2004 (Public

10 Law 108–497; 50 U.S.C. 1701 note) is repealed.

11 (c) ECONOMIC ASSISTANCE.—

12 (1) IN GENERAL.—Notwithstanding any other

13 provision of law, the President is authorized to pro14 vide economic assistance for Southern Sudan, South15 ern Kordofan/Nuba Mountains State, Blue Nile State,

16 Abyei, Darfur, and marginalized areas in and

17 around Khartoum, in an effort to provide emergency

18 relief, to promote economic self-sufficiency, to build

19 civil authority, to provide education, to enhance rule

20 of law and the development of judicial and legal

21 frameworks, to support people to people reconciliation

22 efforts, and to implement any nonmilitary program

23 in support of any viable peace agreement in Sudan,

24 including the Comprehensive Peace Agreement for

25 Sudan and the Darfur Peace Agreement.
†

28

HR 3127 EAS

1 (2) CONGRESSIONAL NOTIFICATION.—Assistance

2 may not be obligated under this subsection until 15

3 days after the date on which the Secretary of State

4 notifies the congressional committees specified in sec5 tion 634A of the Foreign Assistance Act of 1961 (22

6 U.S.C. 2394–1) of such obligation in accordance with

7 the procedures applicable to reprogramming notifica8 tions under such section.

9 (d) AUTHORIZED MILITARY ASSISTANCE.—

10 (1) IN GENERAL.—If the President has not made

11 a certification under section 12(a)(3) of the Sudan

12 Peace Act (50 U.S.C. 1701 note) regarding the non13 compliance of the SPLM/A or the Government of

14 Southern Sudan with the Comprehensive Peace Agree15 ment for Sudan, the President, notwithstanding any

16 other provision of law, may authorize, for each of fis17 cal years 2006, 2007, and 2008, the provision of the

18 following assistance to the Government of Southern

19 Sudan for the purpose of constituting a professional

20 military force—

21 (A) non-lethal military equipment and re22 lated defense services, including training, con23 trolled under the International Traffic in Arms

24 Regulations (22 C.F.R. 120.1 et seq.) if the

25 President—
†

29

HR 3127 EAS

1 (i) determines that the provision of

2 such items is in the national security inter3 est of the United States; and

4 (ii) not later than 15 days before the

5 provision of any such items, notifies the

6 Committee on Foreign Relations of the Sen7 ate and the Committee on International Re8 lations of the House of Representatives of

9 such determination; and

10 (B) small arms and ammunition under cat11 egories I and III of the United States Munitions

12 List (22 C.F.R. 121.1 et seq.) if the President—

13 (i) determines that the provision of

14 such equipment is essential to the national

15 security interests of the United States; and

16 (ii) consistent with the procedures set

17 forth in section 614(a)(3) of the Foreign As18 sistance Act of 1961 (22 U.S.C. 2364(a)(3)),

19 notifies the Committee on Foreign Relations

20 of the Senate and the Committee on Inter21 national Relations of the House of Rep22 resentatives of such determination.

23 (2) END USE ASSURANCES.—For each item ex24 ported pursuant to this subsection or subsection (c),

25 the President shall include with the notification to
†

30

HR 3127 EAS

1 Congress under subparagraphs (A)(ii) and (B)(ii) of

2 paragraph (1)—

3 (A) an identification of the end users to

4 which the provision of assistance is being made;

5 (B) the dollar value of the items being pro6 vided;

7 (C) a description of the items being pro8 vided; and

9 (D) a description of the end use verification

10 procedures that will be applied to such items,

11 including—

12 (i) any special assurances obtained

13 from the Government of Southern Sudan or

14 other authorized end users regarding such

15 equipment; and

16 (ii) the end use or retransfer controls

17 that will be applied to any items provided

18 under this subsection.

19 (3) WAIVER AUTHORITY.—Section 40 of the

20 Arms Export Control Act (22 U.S.C. 2780) shall not

21 apply to assistance provided under paragraph (1).

22 (e) EXCEPTION TO PROHIBITIONS IN EXECUTIVE

23 ORDER NUMBER 13067.—Notwithstanding any other pro24 vision of law, the prohibitions set forth with respect to

25 Sudan in Executive Order No. 13067 (62 Fed. Reg. 59989)
†

31

HR 3127 EAS

1 shall not apply to activities or related transactions with

2 respect to Southern Sudan, Southern Kordofan/Nuba Moun3 tains State, Blue Nile State, Abyei, Darfur, or marginalized

4 areas in and around Khartoum.

5 SEC. 9. REPORTING REQUIREMENTS.

6 Section 8 of the Sudan Peace Act (Public Law 107–

7 245; 50 U.S.C. 1701 note) is amended—

8 (1) by redesignating subsection (c) as subsection

9 (g); and

10 (2) by inserting after subsection (b) the fol11 lowing:

12 ‘‘(c) REPORT ON AFRICAN UNION MISSION IN

13 SUDAN.—Until such time as AMIS concludes its mission

14 in Darfur, in conjunction with the other reports required

15 under this section, the Secretary of State, in consultation

16 with all relevant Federal departments and agencies, shall

17 prepare and submit a report, to the appropriate congres18 sional committees, regarding—

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

20 assistance provided to the African Union Mission in

21 Sudan (referred to in this subsection as ‘AMIS’) since

22 the establishment of AMIS, reported by fiscal year

23 and the type and purpose of such assistance; and

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

25 provided to AMIS, including assistance from coun-
†

32

HR 3127 EAS

1 tries, regional and international organizations, such

2 as the North Atlantic Treaty Organization, the Euro3 pean Union, the Arab League, and the United Na4 tions, reported by fiscal year and the type and pur5 pose of such assistance, to the extent possible.

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

7 IN DARFUR.—In conjunction with the other reports re8 quired under this section, the Secretary of State shall sub9 mit a report to the appropriate congressional committees

10 regarding sanctions imposed under section 6 of the Com11 prehensive Peace in Sudan Act of 2004, including—

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

13 under such provision of law;

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

15 to the sanction, if applicable; and

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

17 identified by the United Nations panel of experts.

18 ‘‘(e) REPORT ON UNITED STATES MILITARY ASSIST19 ANCE.—In conjunction with the other reports required

20 under this section, the Secretary of State shall submit a

21 report to the appropriate congressional committees describ22 ing the effectiveness of any assistance provided under sec23 tion 8 of the Darfur Peace and Accountability Act of 2006,

24 including—
†

33

HR 3127 EAS

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

2 provided in the period covered by this report;

3 ‘‘(2) the results of any review or other moni4 toring conducted by the Federal Government with re5 spect to assistance provided under that Act; and

6 ‘‘(3) any unauthorized retransfer or use of mili7 tary assistance furnished by the United States.’’.

Attest:

Secretary.
109TH CONGRESS

2D SESSION H. R. 3127

AMENDMENT