II 

Calendar No. 604 

109TH CONGRESS 

2D SESSION S. 3884 

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. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 11, 2006 

Mr. LUGAR (for himself and Mr. MARTINEZ) introduced the following bill; 

which was read the first time 

SEPTEMBER 12, 2006 

Read the second time and placed on the calendar 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


pwalker on PRODPC60 with BILLS
2 

•S 3884 PCS

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’’. 

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

5 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. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) AMIS.—The term ‘‘AMIS’’ means the Afri9 can Union Mission in Sudan. 

10 (2) APPROPRIATE CONGRESSIONAL COMMIT11 TEES.—The term ‘‘appropriate congressional com12 mittees’’ means the Committee on Foreign Relations 

13 of the Senate and the Committee on International 

14 Relations of the House of Representatives. 

15 (3) COMPREHENSIVE PEACE AGREEMENT FOR

16 SUDAN.—The term ‘‘Comprehensive Peace Agree17 ment for Sudan’’ means the peace agreement signed 

18 by the Government of Sudan and the SPLM/A in 

19 Nairobi, Kenya, on January 9, 2005. 

20 (4) DARFUR PEACE AGREEMENT.—The term 

21 ‘‘Darfur Peace Agreement’’ means the peace agreeVerDate Aug 31 2005 03:54 Sep 13, 2006 Jkt 049196 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3884.PCS S3884

pwalker on PRODPC60 with BILLS
3 

•S 3884 PCS

1 ment signed by the Government of Sudan and the 

2 Sudan Liberation Movement/Army in Abuja, Nige3 ria, on May 5, 2006. 

4 (5) GOVERNMENT OF SUDAN.—The term ‘‘Gov5 ernment of Sudan’’— 

6 (A) means— 

7 (i) the government in Khartoum, 

8 Sudan, which is led by the National Con9 gress Party (formerly known as the Na10 tional Islamic Front); or 

11 (ii) any successor government formed 

12 on or after the date of the enactment of 

13 this Act (including the coalition National 

14 Unity Government agreed upon in the 

15 Comprehensive Peace Agreement for 

16 Sudan); and 

17 (B) does not include the regional govern18 ment of Southern Sudan. 

19 (6) OFFICIALS OF THE GOVERNMENT OF

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

21 Sudan’’ does not include any individual— 

22 (A) who was not a member of such govern23 ment before July 1, 2005; or 

24 (B) who is a member of the regional gov25 ernment of Southern Sudan. 


pwalker on PRODPC60 with BILLS
4 

•S 3884 PCS

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

2 Sudan People’s Liberation Movement/Army. 

3 SEC. 3. FINDINGS. 

4 Congress makes the following findings: 

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

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

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

8 Colin L. Powell stated before the Committee on For9 eign Relations of the Senate, ‘‘genocide has occurred 

10 and may still be occurring in Darfur’’, and ‘‘the 

11 Government of Sudan and the Janjaweed bear re12 sponsibility’’. 

13 (3) On September 21, 2004, in an address be14 fore the United Nations General Assembly, Presi15 dent George W. Bush affirmed the Secretary of 

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

17 is witnessing terrible suffering and horrible crimes in 

18 the Darfur region of Sudan, crimes my government 

19 has concluded are genocide’’. 

20 (4) On July 30, 2004, the United Nations Se21 curity Council passed Security Council Resolution 

22 1556 (2004), calling upon the Government of Sudan 

23 to disarm the Janjaweed militias and to apprehend 

24 and bring to justice Janjaweed leaders and their as25 sociates who have incited and carried out violations 


pwalker on PRODPC60 with BILLS
5 

•S 3884 PCS

1 of human rights and international humanitarian law, 

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

3 and related materiel of all types, including the provi4 sion of related technical training or assistance, to all 

5 nongovernmental entities and individuals, including 

6 the Janjaweed. 

7 (5) On September 18, 2004, the United Na8 tions Security Council passed Security Council Reso9 lution 1564 (2004), determining that the Govern10 ment of Sudan had failed to meet its obligations 

11 under Security Council Resolution 1556 (2004), call12 ing for a military flight ban in and over the Darfur 

13 region, demanding the names of Janjaweed militia14 men disarmed and arrested for verification, estab15 lishing an International Commission of Inquiry on 

16 Darfur to investigate violations of international hu17 manitarian and human rights laws, and threatening 

18 sanctions should the Government of Sudan fail to 

19 fully comply with Security Council Resolutions 1556 

20 (2004) and 1564 (2004), including such actions as 

21 to affect Sudan’s petroleum sector or individual 

22 members of the Government of Sudan. 

23 (6) The Report of the International Commis24 sion of Inquiry on Darfur, submitted to the United 

25 Nations Secretary-General on January 25, 2005, esVerDate Aug 31 2005 03:54 Sep 13, 2006 Jkt 049196 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3884.PCS S3884

pwalker on PRODPC60 with BILLS
6 

•S 3884 PCS

1 tablished that the ‘‘Government of the Sudan and 

2 the Janjaweed are responsible for serious violations 

3 of international human rights and humanitarian law 

4 amounting to crimes under international law,’’ that 

5 ‘‘these acts were conducted on a widespread and sys6 tematic basis, and therefore may amount to crimes 

7 against humanity,’’ and that officials of the Govern8 ment of Sudan and other individuals may have acted 

9 with ‘‘genocidal intent’’. 

10 (7) On March 24, 2005, the United Nations Se11 curity Council passed Security Council Resolution 

12 1590 (2005), establishing the United Nations Mis13 sion in Sudan (referred to in this section as the 

14 ‘‘UNMIS’’), consisting of up to 10,000 military per15 sonnel and 715 civilian police, to support implemen16 tation of the Comprehensive Peace Agreement for 

17 Sudan and ‘‘closely and continuously liaise and co18 ordinate at all levels with AMIS with a view towards 

19 expeditiously reinforcing the effort to foster peace in 

20 Darfur’’. 

21 (8) On March 29, 2005, the United Nations Se22 curity Council passed Security Council Resolution 

23 1591 (2005), extending the military embargo estab24 lished by Security Council Resolution 1556 (2004) 

25 to all the parties to the N’Djamena Ceasefire AgreeVerDate Aug 31 2005 03:54 Sep 13, 2006 Jkt 049196 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3884.PCS S3884

pwalker on PRODPC60 with BILLS
7 

•S 3884 PCS

1 ment of April 8, 2004, and any other belligerents in 

2 the states of North Darfur, South Darfur, and West 

3 Darfur, calling for an asset freeze and travel ban 

4 against those individuals who impede the peace proc5 ess, constitute a threat to stability in Darfur and the 

6 region, commit violations of international humani7 tarian or human rights law or other atrocities, are 

8 responsible for offensive military overflights, or vio9 late the military embargo, and establishing a Com10 mittee of the Security Council and a panel of experts 

11 to assist in monitoring compliance with Security 

12 Council Resolutions 1556 (2004) and 1591 (2005). 

13 (9) On March 31, 2005, the United Nations Se14 curity Council passed Security Council Resolution 

15 1593 (2005), referring the situation in Darfur since 

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

17 Criminal Court and calling on the Government of 

18 Sudan and all parties to the conflict to cooperate 

19 fully with the Court. 

20 (10) On May 25, 2004, the African Union 

21 agreed to establish the African Union Mission in 

22 Sudan (referred to in this Act as the ‘‘AMIS’’) to 

23 monitor the April 2004 N’Djamena Humanitarian 

24 Ceasefire Agreement between the parties in conflict 


pwalker on PRODPC60 with BILLS
8 

•S 3884 PCS

1 in the Darfur region of Sudan and provide necessary 

2 protection of such observer force. 

3 (11) On July 30, 2005, Dr. John Garang de 

4 Mabior, the newly appointed Vice President of 

5 Sudan and the leader of the SPLM/A for the past 

6 21 years, was killed in a tragic helicopter crash in 

7 Southern Sudan, sparking riots in Khartoum and 

8 challenging the commitment of all Sudanese to the 

9 Comprehensive Peace Agreement for Sudan. 

10 (12) On January 12, 2006, the African Union 

11 Peace and Security Council issued a communique 

12 endorsing, in principle, a transition from AMIS to a 

13 United Nations peacekeeping operation and re14 quested the Chairperson of the Council to initiate 

15 consultations with the United Nations and other 

16 stakeholders toward this end. 

17 (13) On February 3, 2006, the United Nations 

18 Security Council issued a Presidential Statement au19 thorizing the initiation of contingency planning for a 

20 transition from AMIS to a United Nations peace21 keeping operation. 

22 (14) On March 10, 2006, the African Union 

23 Peace and Security Council extended the mandate of 

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

25 September 30, 2006, while simultaneously endorsing 


pwalker on PRODPC60 with BILLS
9 

•S 3884 PCS

1 the transition of AMIS to a United Nations peace2 keeping operation and setting April 30, 2006 as the 

3 deadline for reaching an agreement to resolve the 

4 crisis in Darfur. 

5 (15) On March 24, 2006, the United Nations 

6 Security Council passed Security Council Resolution 

7 1663 (2006), which— 

8 (A) welcomes the African Peace and Secu9 rity Council’s March 10, 2006, communique; 

10 and 

11 (B) requests that the United Nations Sec12 retary-General, jointly with the African Union 

13 and in consultation with the parties to the 

14 Abuja Peace Talks, expedite planning for the 

15 transition of AMIS to a United Nations peace16 keeping operation. 

17 (16) On March 29, 2006, during a speech at 

18 Freedom House, President Bush called for a transi19 tion to a United Nations peacekeeping operation and 

20 ‘‘additional forces with a NATO overlay . . . to pro21 vide logistical and command-and-control and airlift 

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

23 involved that the west is determined to help effect a 

24 settlement.’’. 


pwalker on PRODPC60 with BILLS
10 

•S 3884 PCS

1 (17) On April 25, 2006, the United Nations Se2 curity Council passed Security Council Resolution 

3 1672 (2006), unanimously imposing targeted finan4 cial sanctions and travel restrictions on 4 individuals 

5 who had been identified in a list of 51 submitted to 

6 the United Nations Security Council by a United 

7 Nations panel of experts established pursuant to Se8 curity Council Resolution 1591 (2005), which had 

9 identified the individuals as those who, among other 

10 acts, ‘‘impede the peace process, constitute a threat 

11 to stability in Darfur and the region, commit viola12 tions of international humanitarian or human rights 

13 law or other atrocities’’, including the Commander of 

14 the Western Military Region for the armed forces of 

15 Sudan, the Paramount Chief of the Jalul Tribe in 

16 North Darfur, the Commander of the Sudanese Lib17 eration Army, and the Field Commander of the Na18 tional Movement for Reform and Development. 

19 (18) On May 5, 2006, under the auspices of Af20 rican Union mediation and the direct engagement of 

21 the international community, including the United 

22 States, the Government of Sudan and the largest 

23 rebel faction in Darfur, the Sudan Liberation Move24 ment, signed the Darfur Peace Agreement, which 


pwalker on PRODPC60 with BILLS
11 

•S 3884 PCS

1 addresses security, power sharing, and wealth shar2 ing issues between the parties. 

3 (19) In August 2006, the Sudanese government 

4 began to amass military forces and equipment in the 

5 Darfur region in contravention of the Darfur Peace 

6 Agreement to which they are signatories in what ap7 pears to be preliminary to full scale war. 

8 (20) On August 30, 2006, the United Nations 

9 Security Council voted unanimously, with 3 absten10 tions (China, Russian Federation, and Qatar), for 

11 Security Council Resolution 1706 (2006) to expand 

12 the mandate of the existing United Nations Mission 

13 in Sudan to include the Darfur region of Sudan and 

14 to support implementation of the Darfur Peace 

15 Agreement of May 5, 2006, and the N’djamena 

16 Agreement on Humanitarian Cease-fire on the Con17 flict in Darfur with up to 20,000 peacekeepers and 

18 police. 

19 (21) Between August 30 and September 3, 

20 2006, President Bashir and other senior members of 

21 his administration have publicly rejected United Na22 tions Security Council Resolution 1706 (2006), call23 ing it illegal and a western invasion of his country, 

24 despite the current presence of 10,000 United NaVerDate Aug 31 2005 03:54 Sep 13, 2006 Jkt 049196 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3884.PCS S3884

pwalker on PRODPC60 with BILLS
12 

•S 3884 PCS

1 tions peacekeepers under the UNMIS peacekeeping 

2 force. 

3 (22) Since 1993, the Government of Sudan has 

4 been designated, pursuant to section 6(j) of the Ex5 port Administration Act of 1979 (50 App. U.S.C. 

6 2405(j)), as a country which has repeatedly provided 

7 support for acts of international terrorism. Since 

8 Sudan has been designated as a state sponsor of ter9 rorism, United States assistance, defense exports 

10 and sales, and financial and other transactions with 

11 the Government of Sudan are severely restricted 

12 under section 620A of the Foreign Assistance Act of 

13 1961 (22 U.S.C. 2371) and section 40 of the Arms 

14 Export Control Act (22 U.S.C. 2780). 

15 SEC. 4. SENSE OF CONGRESS. 

16 It is the sense of Congress that— 

17 (1) the genocide unfolding in the Darfur region 

18 of Sudan is characterized by acts of terrorism and 

19 atrocities directed against civilians, including mass 

20 murder, rape, and sexual violence committed by the 

21 Janjaweed and associated militias with the com22 plicity and support of the National Congress Party23 led faction of the Government of Sudan; 

24 (2) all parties to the conflict in the Darfur re25 gion have continued to violate the N’Djamena 


pwalker on PRODPC60 with BILLS
13 

•S 3884 PCS

1 Ceasefire Agreement of April 8, 2004, and the 

2 Abuja Protocols of November 9, 2004, and violence 

3 against civilians, humanitarian aid workers, and per4 sonnel of AMIS is increasing; 

5 (3) the African Union should rapidly expand 

6 the size and amend the mandate of AMIS to author7 ize such action as may be necessary to— 

8 (A) protect civilians and humanitarian op9 erations; 

10 (B) assist with the implementation of the 

11 Darfur Peace Agreement; 

12 (C) deter violence in the Darfur region; 

13 and 

14 (D) make all necessary preparations, with15 out delay, for an orderly transition to a United 

16 Nations peacekeeping operation, which may in17 clude African Union participation; 

18 (4) the international community, including the 

19 United States and the European Union, should im20 mediately act to mobilize sufficient political, mili21 tary, and financial resources through the United Na22 tions and the North Atlantic Treaty Organization, to 

23 support the transition of AMIS to a United Nations 

24 peacekeeping operation with the size, strength, and 

25 capacity necessary to protect civilians and humaniVerDate Aug 31 2005 03:54 Sep 13, 2006 Jkt 049196 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S3884.PCS S3884

pwalker on PRODPC60 with BILLS
14 

•S 3884 PCS

1 tarian operations, to assist with the implementation 

2 of the Darfur Peace Agreement, and to end the con3 tinued violence in the Darfur region; 

4 (5) if an expanded and reinforced AMIS or sub5 sequent United Nations peacekeeping operation fails 

6 to stop genocide in the Darfur region, the inter7 national community should take additional measures 

8 to prevent and suppress acts of genocide in the 

9 Darfur region; 

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

11 United Nations, the United Nations Security Coun12 cil should call for suspension of the Government of 

13 Sudan’s rights and privileges of membership by the 

14 General Assembly until such time as the Govern15 ment of Sudan has honored pledges to cease attacks 

16 upon civilians, demobilize and demilitarize the 

17 Janjaweed and associated militias, and grant free 

18 and unfettered access for deliveries of humanitarian 

19 assistance in the Darfur region; 

20 (7) the President should use all necessary and 

21 appropriate diplomatic means to ensure the full dis22 charge of the responsibilities of the Committee of 

23 the United Nations Security Council and the panel 

24 of experts established pursuant to section 3(a) of Se25 curity Council Resolution 1591 (2005); 


pwalker on PRODPC60 with BILLS
15 

•S 3884 PCS

1 (8) the United States should not provide assist2 ance to the Government of Sudan, other than assist3 ance necessary for the implementation of the Com4 prehensive Peace Agreement for Sudan and the 

5 Darfur Peace Agreement, the support of the regional 

6 Government of Southern Sudan and marginalized 

7 areas in Northern Sudan (including the Nuba Moun8 tains, Southern Blue Nile, Abyei, Eastern Sudan 

9 (Beja), Darfur, and Nubia), or for humanitarian 

10 purposes in Sudan, until the Government of Sudan 

11 has honored pledges to cease attacks upon civilians, 

12 demobilize and demilitarize the Janjaweed and asso13 ciated militias, grant free and unfettered access for 

14 deliveries of humanitarian assistance in the Darfur 

15 region, and allow for the safe and voluntary return 

16 of refugees and internally displaced persons; 

17 (9) the President should seek to assist members 

18 of the Sudanese diaspora in the United States by es19 tablishing a student loan forgiveness program for 

20 those individuals who commit to return to Southern 

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

22 purpose of contributing professional skills needed for 

23 the reconstruction of Southern Sudan; 


pwalker on PRODPC60 with BILLS
16 

•S 3884 PCS

1 (10) the President should appoint a Presi2 dential Envoy for Sudan with appropriate resources 

3 and a clear mandate to— 

4 (A) provide stewardship of efforts to imple5 ment the Comprehensive Peace Agreement for 

6 Sudan and the Darfur Peace Agreement; 

7 (B) seek ways to bring stability and peace 

8 to the Darfur region; 

9 (C) address instability elsewhere in Sudan, 

10 Chad, and northern Uganda; and 

11 (D) pursue a truly comprehensive peace 

12 throughout the region; 

13 (11) the international community should 

14 strongly condemn attacks against humanitarian 

15 workers and African Union personnel, and the forc16 ible recruitment of refugees from camps in Chad and 

17 Sudan, and demand that all armed groups in the re18 gion, including the forces of the Government of 

19 Sudan, the Janjaweed, associated militias, the 

20 Sudan Liberation Movement/Army, the Justice and 

21 Equality Movement, and all other armed groups re22 frain from such activities; 

23 (12) the United States should fully support the 

24 Comprehensive Peace Agreement for Sudan and the 


pwalker on PRODPC60 with BILLS
17 

•S 3884 PCS

1 Darfur Peace Agreement and urge rapid implemen2 tation of its terms; 

3 (13) the May 5, 2006, signing of the Darfur 

4 Peace Agreement between the Government of Sudan 

5 and the Sudan Liberation Movement was a positive 

6 development in a situation that has seen little polit7 ical progress in 2 years and should be seized upon 

8 by all sides to begin the arduous process of post-con9 flict reconstruction, restitution, justice, and rec10 onciliation; and 

11 (14) the new leadership of the Sudan People’s 

12 Liberation Movement (referred to in this paragraph 

13 as ‘‘SPLM’’) should— 

14 (A) seek to transform SPLM into an inclu15 sive, transparent, and democratic body; 

16 (B) reaffirm the commitment of SPLM 

17 to— 

18 (i) bring peace to Southern Sudan, 

19 the Darfur region, and Eastern Sudan; 

20 and 

21 (ii) eliminate safe haven for regional 

22 rebel movements, such as the Lord’s Re23 sistance Army; and 

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

25 undermine SPLM. 


pwalker on PRODPC60 with BILLS
18 

•S 3884 PCS

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

2 (a) BLOCKING OF ASSETS AND RESTRICTION ON

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

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

5 is amended— 

6 (1) in the heading of subsection (b), by insert7 ing ‘‘OF APPROPRIATE SENIOR OFFICIALS OF THE

8 GOVERNMENT OF SUDAN’’ after ‘‘ASSETS’’; 

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

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

11 (3) by inserting after subsection (b) the fol12 lowing: 

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

14 VISAS OF CERTAIN INDIVIDUALS IDENTIFIED BY THE

15 PRESIDENT.— 

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

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

18 of the Darfur Peace and Accountability Act of 2006, 

19 and in the interest of contributing to peace in 

20 Sudan, the President shall, consistent with the au21 thorities granted under the International Emergency 

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

23 block the assets of any individual who the President 

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

25 genocide, war crimes, or crimes against humanity in 

26 Darfur, including the family members or any associVerDate Aug 31 2005 03:54 Sep 13, 2006 Jkt 049196 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S3884.PCS S3884

pwalker on PRODPC60 with BILLS
19 

•S 3884 PCS

1 ates of such individual to whom assets or property 

2 of such individual was transferred on or after July 

3 1, 2002. 

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

5 the date that is 30 days after the date of the enact6 ment of the Darfur Peace and Accountability Act of 

7 2006, and in the interest of contributing to peace in 

8 Sudan, the President shall deny a visa and entry to 

9 any individual who the President determines to be 

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

11 crimes, or crimes against humanity in Darfur, in12 cluding the family members or any associates of 

13 such individual to whom assets or property of such 

14 individual was transferred on or after July 1, 

15 2002.’’. 

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

17 Peace in Sudan Act of 2004, as redesignated by subsection 

18 (a), is amended by adding at the end the following: ‘‘The 

19 President may waive the application of paragraph (1) or 

20 (2) of subsection (c) with respect to any individual if the 

21 President determines that such a waiver is in the national 

22 interests of the United States and, before exercising the 

23 waiver, notifies the appropriate congressional committees 

24 of the name of the individual and the reasons for the waiv25 er.’’. 


pwalker on PRODPC60 with BILLS
20 

•S 3884 PCS

1 (c) SANCTIONS AGAINST CERTAIN JANJAWEED COM2 MANDERS AND COORDINATORS.—It is the sense of Con3 gress, that the President should immediately consider im4 posing the sanctions described in section 6(c) of the Com5 prehensive Peace in Sudan Act of 2004, as added by sub6 section (a), against the Janjaweed commanders and coor7 dinators identified by the former United States Ambas8 sador at Large for War Crimes on June 24, 2004, before 

9 the Subcommittee on Africa, Global Human Rights and 

10 International Operations of the Committee on Inter11 national Relations of the House of Representatives. 

12 SEC. 6. ADDITIONAL AUTHORITIES TO DETER AND SUP13 PRESS GENOCIDE IN DARFUR. 

14 (a) PRESIDENTIAL ASSISTANCE TO SUPPORT

15 AMIS.—Subject to subsection (b) and notwithstanding 

16 any other provision of law, the President is authorized to 

17 provide AMIS with— 

18 (1) assistance for any expansion of the man19 date, size, strength, and capacity to protect civilians 

20 and humanitarian operations in order to help sta21 bilize the Darfur region of Sudan and dissuade and 

22 deter air attacks directed against civilians and hu23 manitarian workers; and 

24 (2) assistance in the areas of logistics, trans25 port, communications, material support, technical 


pwalker on PRODPC60 with BILLS
21 

•S 3884 PCS

1 assistance, training, command and control, aerial 

2 surveillance, and intelligence. 

3 (b) CONDITIONS.— 

4 (1) IN GENERAL.—Assistance provided under 

5 subsection (a)— 

6 (A) shall be used only in the Darfur re7 gion; and 

8 (B) shall not be provided until AMIS has 

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

10 any such assistance to anyone not an officer, 

11 employee or agent of AMIS, and not to use or 

12 to permit the use of such assistance for any 

13 purposes other than those for which such assist14 ance was furnished, unless the consent of the 

15 President has first been obtained, and written 

16 assurances reflecting all of the forgoing have 

17 been obtained from AMIS by the President. 

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

19 transfer of such assistance to anyone not an officer, 

20 employee, or agent of AMIS, or agrees to permit the 

21 use of such assistance for any purposes other than 

22 those for which such assistance was furnished, the 

23 President shall immediately notify the Committee on 

24 Foreign Relations of the Senate and the Committee 

25 on International Relations of the House of RepVerDate Aug 31 2005 03:54 Sep 13, 2006 Jkt 049196 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S3884.PCS S3884

pwalker on PRODPC60 with BILLS
22 

•S 3884 PCS

1 resentatives in accordance with the procedures appli2 cable to reprogramming notifications under section 

3 634A of the Foreign Assistance Act of 1961 (22 

4 U.S.C. 2394–1). 

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

6 the sense of Congress that the President should continue 

7 to instruct the United States Permanent Representative 

8 to the North Atlantic Treaty Organization (referred to in 

9 this section as ‘‘NATO’’) to use the voice, vote, and influ10 ence of the United States at NATO to— 

11 (1) advocate NATO reinforcement of the AMIS 

12 and its orderly transition to a United Nations peace13 keeping operation, as appropriate; 

14 (2) provide assets to help dissuade and deter 

15 air strikes directed against civilians and humani16 tarian workers in the Darfur region of Sudan; and 

17 (3) provide other logistical, transportation, com18 munications, training, technical assistance, command 

19 and control, aerial surveillance, and intelligence sup20 port. 

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

22 or any amendment made by this Act, shall be construed 

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

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

25 1544(b), 1546(a)(1)). 


pwalker on PRODPC60 with BILLS
23 

•S 3884 PCS

1 (e) DENIAL OF ENTRY AT UNITED STATES PORTS

2 TO CERTAIN CARGO SHIPS OR OIL TANKERS.— 

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

4 all necessary and appropriate steps to deny the Gov5 ernment of Sudan access to oil revenues, including 

6 by prohibiting entry at United States ports to cargo 

7 ships or oil tankers engaged in business or trade ac8 tivities in the oil sector of Sudan or involved in the 

9 shipment of goods for use by the armed forces of 

10 Sudan until such time as the Government of Sudan 

11 has honored its commitments to cease attacks on ci12 vilians, demobilize and demilitarize the Janjaweed 

13 and associated militias, grant free and unfettered ac14 cess for deliveries of humanitarian assistance, and 

15 allow for the safe and voluntary return of refugees 

16 and internally displaced persons. 

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

18 apply with respect to— 

19 (A) cargo ships or oil tankers involved in 

20 an internationally-recognized demobilization 

21 program or the shipment of economic assist22 ance; or 

23 (B) if the President has made the deter24 mination set forth in section 9(e), military as25 sistance necessary to carry out elements of the 


pwalker on PRODPC60 with BILLS
24 

•S 3884 PCS

1 Comprehensive Peace Agreement for Sudan or 

2 the Darfur Peace Agreement. 

3 (f) PROHIBITION ON ASSISTANCE TO COUNTRIES IN

4 VIOLATION OF UNITED NATIONS SECURITY COUNCIL

5 RESOLUTIONS 1556 AND 1591.— 

6 (1) PROHIBITION.—Amounts made available to 

7 carry out the Foreign Assistance Act of 1961 (22 

8 U.S.C. 2151 et seq.) may not be used to provide as9 sistance (other than humanitarian assistance) to the 

10 government of a country that is in violation of the 

11 embargo on military assistance with respect to 

12 Sudan imposed pursuant to United Nations Security 

13 Council Resolutions 1556 (2004) and 1591 (2005). 

14 (2) WAIVER.—The President may waive the ap15 plication of paragraph (1) if the President deter16 mines, and certifies to the appropriate congressional 

17 committees, that such waiver is in the national inter18 ests of the United States. 

19 SEC. 7. CONTINUATION OF RESTRICTIONS. 

20 (a) IN GENERAL.—Restrictions against the Govern21 ment of Sudan that were imposed pursuant to Executive 

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

23 59989), title III and sections 508, 512, 527, and 569 of 

24 the Foreign Operations, Export Financing, and Related 

25 Programs Appropriations Act, 2006 (Public Law 109– 


pwalker on PRODPC60 with BILLS
25 

•S 3884 PCS

1 102), or any other similar provision of law, shall remain 

2 in effect, and shall not be lifted pursuant to such provi3 sions of law, until the President certifies to the appro4 priate congressional committees that the Government of 

5 Sudan is acting in good faith to— 

6 (1) implement the Darfur Peace Agreement; 

7 (2) disarm, demobilize, and demilitarize the 

8 Janjaweed and all militias allied with the Govern9 ment of Sudan; 

10 (3) adhere to all associated United Nations Se11 curity Council Resolutions, including Security Coun12 cil Resolutions 1556 (2004), 1564 (2004), 1591 

13 (2005), 1593 (2005), 1663 (2006), 1665 (2006), 

14 and 1706 (2006); 

15 (4) negotiate a peaceful resolution to the crisis 

16 in eastern Sudan; 

17 (5) fully cooperate with efforts to disarm, de18 mobilize, and deny safe haven to members of the 

19 Lord’s Resistance Army in Sudan; and 

20 (6) fully implement the Comprehensive Peace 

21 Agreement for Sudan without manipulation or delay, 

22 by— 

23 (A) implementing the recommendations of 

24 the Abyei Boundaries Commission Report; 


pwalker on PRODPC60 with BILLS
26 

•S 3884 PCS

1 (B) establishing other appropriate commis2 sions and implementing and adhering to the 

3 recommendations of such commissions con4 sistent with the terms of the Comprehensive 

5 Peace Agreement for Sudan; 

6 (C) adhering to the terms of the Wealth 

7 Sharing Agreement; and 

8 (D) withdrawing government forces from 

9 Southern Sudan consistent with the terms of 

10 the Comprehensive Peace Agreement for Sudan. 

11 (b) WAIVER.—The President may waive the applica12 tion of subsection (a) if the President determines, and cer13 tifies to the appropriate congressional committees, that 

14 such waiver is in the national interests of the United 

15 States. 

16 SEC. 8. ASSISTANCE EFFORTS IN SUDAN. 

17 (a) ASSISTANCE FOR INTERNATIONAL MALARIA CON18 TROL ACT.—Section 501 of the Assistance for Inter19 national Malaria Control Act (Public Law 106–570; 50 

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

21 (b) COMPREHENSIVE PEACE IN SUDAN ACT.—Sec22 tion 7 of the Comprehensive Peace in Sudan Act of 2004 

23 (Public Law 108–497; 50 U.S.C. 1701 note) is repealed. 

24 (c) AUTHORIZED ASSISTANCE.—If the President has 

25 not made a certification under section 12(a)(3) of the 


pwalker on PRODPC60 with BILLS
27 

•S 3884 PCS

1 Sudan Peace Act (50 U.S.C. 1701 note) regarding the 

2 noncompliance of the SPLM/A or the Government of 

3 Southern Sudan with the Comprehensive Peace Agree4 ment for Sudan, the President may provide the following 

5 types of assistance: 

6 (1) ECONOMIC ASSISTANCE.— 

7 (A) IN GENERAL.—Notwithstanding any 

8 other provision of law, the President is author9 ized to provide economic assistance for South10 ern Sudan, Southern Kordofan/Nuba Moun11 tains State, Blue Nile State, and Abyei, includ12 ing for emergency relief to promote economic 

13 self-sufficiency, build civil authority, provide 

14 education, enhance rule of law and the develop15 ment of judicial and legal frameworks, support 

16 people to people reconciliation efforts, or to im17 plement any nonmilitary program in support of 

18 any viable peace agreement in Sudan, including 

19 the Comprehensive Peace Agreement for Sudan. 

20 (B) CONGRESSIONAL NOTIFICATION.—As21 sistance may not be obligated under this sub22 section until 15 days after the date on which 

23 the President notifies the congressional commit24 tees specified in section 634A of the Foreign 

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


pwalker on PRODPC60 with BILLS
28 

•S 3884 PCS

1 such obligation in accordance with the proce2 dures applicable to reprogramming notifications 

3 under such section. 

4 (2) MILITARY ASSISTANCE.— 

5 (A) IN GENERAL.—Notwithstanding any 

6 other provision of law, for each of fiscal years 

7 2006, 2007, and 2008, the President may au8 thorize the export to the Government of South9 ern Sudan for the purpose of constituting a 

10 professional military force— 

11 (i) non-lethal military equipment con12 trolled under the International Traffic in 

13 Arms Regulations (22 C.F.R. 120.1 et 

14 seq.) if the President— 

15 (I) determines that the export of 

16 such items is in the national security 

17 interest of the United States; and 

18 (II) not later than 15 days before 

19 the export of any such items, notifies 

20 the Committee on Foreign Relations 

21 of the Senate and the Committee on 

22 International Relations of the House 

23 of Representatives of such determina24 tion. 


pwalker on PRODPC60 with BILLS
29 

•S 3884 PCS

1 (ii) lethal military equipment con2 trolled under categories I, II, and III of 

3 the United States Munitions List (22 

4 C.F.R. 121.1 et seq.) if the President— 

5 (I) determines that the export of 

6 such equipment is vital to the national 

7 security interests of the United 

8 States; and 

9 (II) in accordance with the proce10 dures set forth in section 614(a)(3) of 

11 the Foreign Assistance Act of 1961 

12 (22 U.S.C. 2364(a)(3)), notifies the 

13 Committee on Foreign Relations of 

14 the Senate and the Committee on 

15 International Relations of the House 

16 of Representatives of such determina17 tion. 

18 (3) END USE ASSURANCES.—For each item ex19 ported pursuant to paragraph (1) or (2), the Presi20 dent shall include with the notification to Congress 

21 under clauses (i)(II) and (ii)(II) of paragraph (2)— 

22 (A) an identification of the end users to 

23 which the export is being made; 

24 (B) the dollar value of the items being ex25 ported; 


pwalker on PRODPC60 with BILLS
30 

•S 3884 PCS

1 (C) a description of the items being ex2 ported; and 

3 (D) a description of the end use 

4 verification procedures that will be applied to 

5 such items, including— 

6 (i) any special assurances obtained 

7 from the Government of Southern Sudan 

8 or other authorized end users regarding 

9 such equipment; and 

10 (ii) the end use or retransfer controls 

11 that will be applied to any items exported 

12 under this subsection. 

13 (4) WAIVER AUTHORITY.—Section 40A(b) of 

14 the Arms Export Control Act (22 U.S.C. 2781(b)) 

15 shall not apply to assistance furnished under para16 graph (2). 

17 (d) EXCEPTION TO PROHIBITIONS IN EXECUTIVE

18 ORDER NUMBER 13067.—Notwithstanding any other pro19 vision of law, the prohibitions set forth with respect to 

20 Sudan in Executive Order No. 13067 (62 Fed. Reg. 

21 59989) shall not apply to activities or related transactions 

22 with respect to Southern Sudan, Southern Kordofan/Nuba 

23 Mountains State, Blue Nile State, or Abyei. 


pwalker on PRODPC60 with BILLS
31 

•S 3884 PCS

1 SEC. 9. REPORTING REQUIREMENTS. 

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

3 245; 50 U.S.C. 1701 note) is amended— 

4 (1) by redesignating subsection (c) as sub5 section (g); and 

6 (2) by inserting after subsection (b) the fol7 lowing: 

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

9 SUDAN.—In conjunction with the other reports required 

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

11 with all relevant Federal departments and agencies, shall 

12 prepare and submit a report, to the appropriate congres13 sional committees, regarding— 

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

15 assistance provided to the African Union Mission in 

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

17 since the establishment of AMIS, reported by fiscal 

18 year and the type and purpose of such assistance; 

19 and 

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

21 provided to AMIS, including assistance from coun22 tries, regional and international organizations, such 

23 as the North Atlantic Treaty Organization, the Eu24 ropean Union, the Arab League, and the United Na25 tions, reported by fiscal year and the type and pur26 pose of such assistance, to the extent possible. 


pwalker on PRODPC60 with BILLS
32 

•S 3884 PCS

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

2 IN DARFUR.—In conjunction with the other reports re3 quired under this section, the Secretary of State shall sub4 mit a report to the appropriate congressional committees 

5 regarding sanctions imposed under section 6 of the Com6 prehensive Peace in Sudan Act of 2004, including— 

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

8 under such provision of law; and 

9 ‘‘(2) the name of the individual or entity sub10 ject to the sanction, if applicable. 

11 ‘‘(e) REPORT ON UNITED STATES MILITARY ASSIST12 ANCE.—In conjunction with the other reports required 

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

14 report to the appropriate congressional committees de15 scribing the effectiveness of any assistance provided under 

16 section 8 of the Darfur Peace and Accountability Act of 

17 2006, including— 

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

19 provided in the period covered by this report; 

20 ‘‘(2) the results of any review or other moni21 toring conducted by the Federal Government with 

22 respect to assistance provided under that Act; and 

23 ‘‘(3) any unauthorized retransfer or use of mili24 tary assistance furnished by the United States.’’. 


pwalker on PRODPC60 with BILLS

pwalker on PRODPC60 with BILLS
Calendar No. 604 

109TH CONGRESS 

2D SESSION S. 3884 

A BILL 

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 huSEPTEMBER 12, 2006 

Read the second time and placed on the calendar 


pwalker on PRODPC60 with BILLS