In the Senate of the United States,
September 21, 2006.
Resolved, That the bill from the House of Representa-
tives (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 protec-
tion 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:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Darfur Peace and Accountability Act of 2006’’.
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(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 Afri-
can Union Mission in Sudan.
(2) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means the Committee on Foreign Relations of
the Senate and the Committee on International Rela-
tions 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 agree-
ment signed by the Government of Sudan and by
Minni Minnawi, leader of the Sudan Liberation
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Movement/Army Faction, in Abuja, Nigeria, on May
5, 2006.
(5) GOVERNMENT OF SUDAN.—The term ‘‘Gov-
ernment of Sudan’’—
(A) means—
(i) the government in Khartoum,
Sudan, which is led by the National Con-
gress Party (formerly known as the Na-
tional Islamic Front); or
(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 Comprehen-
sive Peace Agreement for Sudan); and
(B) does not include the regional govern-
ment 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 govern-
ment before July 1, 2005; or
(B) who is a member of the regional govern-
ment of Southern Sudan.
(7) SPLM/A.—The term ‘‘SPLM/A’’ means the
Sudan People’s Liberation Movement/Army.
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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 For-
eign Relations of the Senate, ‘‘genocide has occurred
and may still be occurring in Darfur’’, and ‘‘the Gov-
ernment of Sudan and the Janjaweed bear responsi-
bility’’.
(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 wit-
nessing 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 Secu-
rity Council passed Security Council Resolution 1556
(2004), calling upon the Government of Sudan to dis-
arm 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 es-
tablishing a ban on the sale or supply of arms and
related materiel of all types, including the provision
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of related technical training or assistance, to all non-
governmental 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 Secu-
rity Council Resolution 1556 (2004), calling for a
military flight ban in and over the Darfur region, de-
manding the names of Janjaweed militiamen dis-
armed 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 Su-
dan’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 Na-
tions Secretary-General on January 25, 2005, estab-
lished that the ‘‘Government of the Sudan and the
Janjaweed are responsible for serious violations of
international human rights and humanitarian law
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amounting to crimes under international law,’’ that
‘‘these acts were conducted on a widespread and sys-
tematic basis, and therefore may amount to crimes
against humanity,’’ and that officials of the Govern-
ment of Sudan and other individuals may have acted
with ‘‘genocidal intent’’.
(7) On March 24, 2005, the United Nations Se-
curity 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 per-
sonnel and 715 civilian police tasked with supporting
the implementation of the Comprehensive Peace
Agreement for Sudan and to ‘‘closely and continu-
ously liaise and coordinate at all levels with the Afri-
can 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 expe-
ditiously reinforcing the effort to foster peace in
Darfur’’.
(8) On March 29, 2005, the United Nations Se-
curity Council passed Security Council Resolution
1591 (2005), extending the military embargo estab-
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lished 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 proc-
ess, constitute a threat to stability in Darfur and the
region, commit violations of international humani-
tarian or human rights law or other atrocities, are re-
sponsible for offensive military overflights, or violate
the military embargo, and establishing a Committee
of the Security Council and a panel of experts to as-
sist in monitoring compliance with Security Council
Resolutions 1556 (2004) and 1591 (2005).
(9) On March 31, 2005, the United Nations Se-
curity 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
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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 en-
dorsing, in principle, a transition from AMIS to a
United Nations peacekeeping operation and requested
the Chairperson of the Council to initiate consulta-
tions with the United Nations and other stakeholders
toward this end.
(12) On February 3, 2006, the United Nations
Security Council issued a Presidential Statement au-
thorizing the initiation of contingency planning for a
transition from AMIS to a United Nations peace-
keeping operation.
(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 peace-
keeping operation and setting April 30, 2006 as the
deadline for reaching an agreement to resolve the cri-
sis in Darfur.
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(14) On March 24, 2006, the United Nations Se-
curity Council passed Security Council Resolution
1663 (2006), which—
(A) welcomes the African Peace and Secu-
rity Council’s March 10, 2006 communique; and
(B) requests that the United Nations Sec-
retary-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 oper-
ation.
(15) On March 29, 2006, during a speech at
Freedom House, President Bush called for a transi-
tion to a United Nations peacekeeping operation and
‘‘additional forces with a NATO overlay . . . to pro-
vide logistical and command-and-control and airlift
capacity, but also to send a clear signal to parties in-
volved that the west is determined to help effect a set-
tlement.’’.
(16) On April 25, 2006, the United Nations Se-
curity Council passed Security Council Resolution
1672 (2006), unanimously imposing targeted finan-
cial 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
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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 Libera-
tion Army, and the Field Commander of the National
Movement for Reform and Development.
(17) On May 5, 2006, under the auspices of Afri-
can 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 ap-
pears to be preliminary to full scale war.
(19) On August 30, 2006, the United Nations Se-
curity Council passed Security Council Resolution
1706 (2006), without dissent and with abstentions by
China, Russian Federation, and Qatar, thereby as-
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serting 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 civilian police personnel
and up to 16 Formed Police Units’’, which ‘‘shall
begin to be deployed [to Darfur] no later than 1 Octo-
ber 2006’’.
(20) Between August 30 and September 3, 2006,
President Bashir and other senior members of his ad-
ministration 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 peace-
keepers under the UNMIS peacekeeping force.
(21) Since 1993, the Secretary of State has de-
termined, pursuant to section 6(j) of the Export Ad-
ministration 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 assist-
ance, defense exports and sales, and financial and
other transactions with the Government of Sudan.
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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 com-
plicity and support of the National Congress Party-
led faction of the Government of Sudan;
(2) all parties to the conflict in the Darfur re-
gion 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 participa-
tion, with a mandate to protect civilians and human-
itarian 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 im-
mediately act to mobilize sufficient political, mili-
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tary, and financial resources through the United Na-
tions 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 humani-
tarian operations, to assist with the implementation
of the Darfur Peace Agreement, and to end the contin-
ued violence in the Darfur region;
(5) if an expanded and reinforced AMIS or sub-
sequent United Nations peacekeeping operation fails
to stop genocide in the Darfur region, the inter-
national 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 Su-
dan’s rights and privileges of membership by the Gen-
eral Assembly until such time as the Government of
Sudan has honored pledges to cease attacks upon ci-
vilians, demobilize and demilitarize the Janjaweed
and associated militias, and grant free and unfettered
access for deliveries of humanitarian assistance in the
Darfur region;
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(7) the President should use all necessary and
appropriate diplomatic means to ensure the full dis-
charge of the responsibilities of the Committee of the
United Nations Security Council and the panel of ex-
perts 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 Na-
tions Security Council that—
(A) extends the military embargo estab-
lished 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 demobi-
lization program or for nonlethal assistance nec-
essary to carry out elements of the Comprehen-
sive Peace Agreement for Sudan or the Darfur
Peace Agreement; and
(B) calls upon those member states of the
United Nations that continue to undermine ef-
forts to foster peace in Sudan by providing mili-
tary assistance to the Government of Sudan, gov-
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ernment 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 assist-
ance to the Government of Sudan, other than assist-
ance necessary for the implementation of the Com-
prehensive 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 mili-
tias, 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 es-
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tablishing 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 imple-
ment the Comprehensive Peace Agreement for
Sudan and the Darfur Peace Agreement;
(B) seek ways to bring stability and peace
to the Darfur region;
(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 strong-
ly condemn attacks against humanitarian workers
and African Union personnel, and the forcible re-
cruitment 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, associ-
ated militias, the Sudan Liberation Movement/Army,
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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 implementa-
tion 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 polit-
ical 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 inclu-
sive, transparent, and democratic body;
(B) reaffirm the commitment of SPLM to—
(i) bring peace to Southern Sudan, the
Darfur region, and Eastern Sudan; and
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(ii) eliminate safe haven for regional
rebel movements, such as the Lord’s Resist-
ance 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 GOV-
ERNMENT 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 fol-
lowing:
‘‘(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
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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, in-
cluding the family members or any associates of such
individual to whom assets or property of such indi-
vidual 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 in-
dividual 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 Presi-
dent may waive the application of paragraph (1) or (2)
of subsection (c) with respect to any individual if the Presi-
dent determines that such a waiver is in the national inter-
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ests 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 Com-
prehensive Peace in Sudan Act of 2004, as added by sub-
section (a), against any individual, including the
Janjaweed commanders and coordinators, identified as
those who, among other acts, ‘‘impede the peace process, con-
stitute a threat to stability in Darfur and the region, com-
mit violations of international humanitarian or human
rights law or other atrocities’’.
SEC. 6. ADDITIONAL AUTHORITIES TO DETER AND SUP-
PRESS 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
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attacks directed against civilians and humanitarian
workers; and
(2) assistance in the areas of logistics, transport,
communications, material support, technical assist-
ance, training, command and control, aerial surveil-
lance, 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, em-
ployee 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 assist-
ance was furnished, unless the consent of the
President has first been obtained, and written
assurances reflecting all 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
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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 Representa-
tives 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 in-
struct the United States Permanent Representative to the
North Atlantic Treaty Organization (referred to in this sec-
tion 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 peace-
keeping 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, com-
munications, training, technical assistance, command
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and control, aerial surveillance, and intelligence sup-
port.
(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 Govern-
ment 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 ac-
tivities 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 civil-
ians, 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 in-
ternally displaced persons.
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(2) EXCEPTION.—Paragraph (1) shall not apply
with respect to cargo ships or oil tankers involved
in—
(A) an internationally-recognized demobili-
zation program;
(B) the shipment of non-lethal assistance
necessary to carry out elements of the Com-
prehensive Peace Agreement for Sudan or the
Darfur Peace Agreement; or
(C) the shipment of military assistance nec-
essary to carry out elements of an agreement re-
ferred to in subparagraph (B) if the President
has made the determination set forth in section
8(c)(2).
(f) PROHIBITION ON ASSISTANCE TO COUNTRIES IN
VIOLATION OF UNITED NATIONS SECURITY COUNCIL RESO-
LUTIONS 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 as-
sistance (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 Coun-
cil Resolutions 1556 (2004) and 1591 (2005).
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(2) WAIVER.—The President may waive the ap-
plication of paragraph (1) if the President deter-
mines, and certifies to the appropriate congressional
committees, that such waiver is in the national inter-
ests of the United States.
SEC. 7. CONTINUATION OF RESTRICTIONS.
(a) IN GENERAL.—Restrictions against the Govern-
ment of Sudan that were imposed pursuant to Executive
Order 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 Govern-
ment of Sudan;
(3) adhere to all associated United Nations Secu-
rity Council Resolutions, including Security Council
Resolutions 1556 (2004), 1564 (2004), 1591 (2005),
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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, de-
mobilize, 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 commis-
sions and implementing and adhering to the rec-
ommendations 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 applica-
tion of subsection (a) if the President determines, and cer-
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tifies to the appropriate congressional committees, that such
waiver is in the national interests of the United States.
SEC. 8. ASSISTANCE EFFORTS IN SUDAN.
(a) ASSISTANCE FOR INTERNATIONAL MALARIA CON-
TROL 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 pro-
vide economic assistance for Southern Sudan, South-
ern 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, to support people to people reconciliation
efforts, and 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.
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(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 sec-
tion 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 notifica-
tions 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 non-
compliance of the SPLM/A or the Government of
Southern Sudan with the Comprehensive Peace Agree-
ment for Sudan, the President, notwithstanding any
other provision of law, may authorize, for each of fis-
cal 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 re-
lated defense services, including training, con-
trolled under the International Traffic in Arms
Regulations (22 C.F.R. 120.1 et seq.) if the
President—
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(i) determines that the provision of
such items is in the national security inter-
est 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 Sen-
ate and the Committee on International Re-
lations of the House of Representatives of
such determination; and
(B) small arms and ammunition under cat-
egories 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 As-
sistance Act of 1961 (22 U.S.C. 2364(a)(3)),
notifies the Committee on Foreign Relations
of the Senate and the Committee on Inter-
national Relations of the House of Rep-
resentatives of such determination.
(2) END USE ASSURANCES.—For each item ex-
ported pursuant to this subsection or subsection (c),
the President shall include with the notification to
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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 pro-
vided;
(C) a description of the items being pro-
vided; 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 pro-
vision of law, the prohibitions set forth with respect to
Sudan in Executive Order No. 13067 (62 Fed. Reg. 59989)