[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3127 Reported in House (RH)]







                                                 Union Calendar No. 219
109th CONGRESS
  2d Session
                                H. R. 3127

                  [Report No. 109-392, Parts I and II]

 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 HOUSE OF REPRESENTATIVES

                             June 30, 2005

Mr. Hyde (for himself, Mr. Payne, Mr. Smith of New Jersey, Mr. Lantos, 
   Mr. Royce, Mr. Tancredo, Mr. Wolf, Ms. Jackson-Lee of Texas, Mr. 
   Rangel, and Mr. Capuano) introduced the following bill; which was 
          referred to the Committee on International Relations

                             March 14, 2006

    Reported from the Committee on International Relations with an 
                               amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                             March 14, 2006

  Referred to the Committee on the Judiciary, for a period ending not 
later than March 28, 2006, for consideration of such provisions of the 
    bill and the amendment as fall within the jurisdiction of that 
               committee pursuant to clause 1(1), rule X

                             March 28, 2006

Referral to the Committee on the Judiciary extended for a period ending 
                     not later than March 29, 2006

                             March 29, 2006

  Additional sponsors: Mr. McCotter, Mr. Blumenauer, Mr. Holden, Mr. 
Wexler, Mr. Souder, Mr. Allen, Mr. Gallegly, Mr. Cleaver, Mr. Case, Mr. 
Waxman, Mr. Van Hollen, Mr. Honda, Ms. Pelosi, Mr. Ackerman, Mr. Price 
 of North Carolina, Mr. Shays, Ms. Eddie Bernice Johnson of Texas, Mr. 
  Leach, Mr. King of New York, Mr. Green of Wisconsin, Mr. Pence, Mr. 
Burton of Indiana, Mr. Berman, Mr. Udall of Colorado, Mr. Crowley, Mr. 
  Sensenbrenner, Mr. Bachus, Mr. McDermott, Ms. Lee, Ms. Watson, Mr. 
 Olver, Mr. Al Green of Texas, Mr. Fortenberry, Mr. Meeks of New York, 
Mr. Holt, Mr. Pallone, Mr. Cardin, Mr. McNulty, Mr. Weiner, Mr. Engel, 
   Mr. Levin, Mrs. Capps, Ms. Schwartz of Pennsylvania, Mr. Smith of 
Washington, Ms. Solis, Mr. Davis of Florida, Mr. Brady of Pennsylvania, 
     Mr. Bradley of New Hampshire, Mr. Calvert, Mr. Fitzpatrick of 
     Pennsylvania, Mr. Frank of Massachusetts, Ms. Schakowsky, Ms. 
   Kilpatrick of Michigan, Mr. Jefferson, Mr. Cummings, Ms. Linda T. 
  Sanchez of California, Ms. Millender-McDonald, Mrs. Jo Ann Davis of 
    Virginia, Mr. Hastings of Florida, Mr. Jackson of Illinois, Ms. 
    Woolsey, Mr. Weldon of Pennsylvania, Ms. Wasserman Schultz, Mr. 
 Andrews, Mr. Doyle, Ms. Ros-Lehtinen, Mr. Owens, Mr. Taylor of North 
Carolina, Mr. Rothman, Mr. Lynch, Ms. Eshoo, Mr. Michaud, Mr. Peterson 
of Minnesota, Mr. Costa, Mr. Hefley, Mr. Inglis of South Carolina, Mr. 
Farr, Mrs. Maloney, Mr. Snyder, Mr. Markey, Mr. Moran of Virginia, Mr. 
  Clay, Mr. Meehan, Mr. Davis of Kentucky, Mr. DeFazio, Mr. Issa, Mr. 
 Gordon, Mr. Kennedy of Rhode Island, Mr. Nadler, Mr. Miller of North 
Carolina, Ms. DeLauro, Mr. Shaw, Ms. Velazquez, Mr. Davis of Illinois, 
Mr. Meek of Florida, Mr. Gillmor, Mr. Evans, Mr. Israel, Mr. Pascrell, 
  Mr. McGovern, Mrs. Musgrave, Mr. Hinchey, Mr. Stark, Mrs. Davis of 
   California, Mr. Langevin, Mr. Platts, Mr. Higgins, Mr. Larson of 
 Connecticut, Mr. Neal of Massachusetts, Mrs. Lowey, Ms. Berkley, Mr. 
    Frelinghuysen, Mrs. Tauscher, Mr. Kirk, Mr. Dent, Ms. Moore of 
Wisconsin, Mr. Brown of Ohio, Mr. Baird, Mr. Garrett of New Jersey, Mr. 
Saxton, Mr. Sabo, Mr. Reynolds, Mr. Boozman, Mr. Fattah, Mr. Bishop of 
   New York, Ms. Hooley, Mrs. McCarthy, Mr. Sherman, Mr. Turner, Mr. 
  Rohrabacher, Mr. Akin, Ms. Zoe Lofgren of California, Mr. Ferguson, 
Mrs. Napolitano, Mr. Beauprez, Mr. Bishop of Georgia, Mr. Reichert, Mr. 
Conyers, Mr. Delahunt, Mr. Rush, Mr. LoBiondo, Mrs. Schmidt, Mr. Wynn, 
Mr. Ryan of Wisconsin, Mr. Scott of Georgia, Mr. Lincoln Diaz-Balart of 
Florida, Ms. Waters, Ms. Baldwin, Mr. George Miller of California, Ms. 
     Matsui, Mr. Wu, Ms. Corrine Brown of Florida, and Mr. Gerlach

                             March 29, 2006

    Reported from the Committee on the Judiciary with an amendment, 
   committed to the Committee of the Whole House on the State of the 
                    Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on June 
                               30, 2005]

_______________________________________________________________________

                                 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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Darfur Peace and 
Accountability Act of 2006'' .
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings.
Sec. 4. Sense of Congress.
Sec. 5. Sanctions in support of peace in Darfur.
Sec. 6. Additional authorities to deter and suppress genocide in 
                            Darfur.
Sec. 7. Multilateral efforts.
Sec. 8. Continuation of restrictions.
Sec. 9. Assistance efforts in Sudan.
Sec. 10. Reports.
Sec. 11. Rule of construction.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        International Relations of the House of Representatives and the 
        Committee on Foreign Relations of the Senate.
            (2) Government of sudan.--
                    (A) In general.--The term ``Government of Sudan'' 
                means the National Congress Party, formerly known as 
                the National Islamic Front, led-government in Khartoum, 
                Sudan, or any successor government formed on or after 
                the date of the enactment of this Act (including the 
                coalition National Unity Government agreed upon in the 
                Comprehensive Peace Agreement for Sudan), except that 
                such term does not include the regional Government of 
                Southern Sudan.
                    (B) Officials of the government of sudan.--The term 
                ``Government of Sudan'', when used with respect to an 
                official of the Government of Sudan, does not include 
                an individual--
                            (i) who was not a member of such government 
                        prior to July 1, 2005; or
                            (ii) who is a member of the regional 
                        Government of Southern Sudan.
            (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 Sudan 
        People's Liberation Movement/Army (SPLM/A) in Nairobi, Kenya, 
        on January 9, 2005.

SEC. 3. FINDINGS.

    Congress makes the following findings:
            (1) On July 22, 2004, the House of Representatives and the 
        Senate declared that the atrocities occurring in the Darfur 
        region of Sudan are genocide.
            (2) On September 9, 2004, Secretary of State Colin L. 
        Powell stated before the Committee on Foreign Relations of the 
        Senate, ``genocide has been committed in Darfur,'' and ``the 
        Government of Sudan and the [Janjaweed] bear responsibility--
        and genocide may still be occurring''.
            (3) On September 21, 2004, in an address before the United 
        Nations General Assembly, President George W. Bush affirmed the 
        Secretary of State's finding and stated,``[a]t this hour, the 
        world is witnessing terrible suffering and horrible crimes in 
        the Darfur region of Sudan, crimes my government has concluded 
        are genocide''.
            (4) On July 30, 2004, the United Nations Security Council 
        passed Security Council Resolution 1556, calling upon the 
        Government of Sudan to disarm the Janjaweed militias and to 
        apprehend and bring to justice Janjaweed leaders and their 
        associates who have incited and carried out violations of human 
        rights and international humanitarian law, and establishing a 
        ban on the sale or supply of arms and related materiel of all 
        types, including the provision of related technical training or 
        assistance, to all nongovernmental entities and individuals, 
        including the Janjaweed.
            (5) On September 18, 2004, the United Nations Security 
        Council passed Security Council Resolution 1564, determining 
        that the Government of Sudan had failed to meet its obligations 
        under Security Council Resolution 1556, calling for a military 
        flight ban in and over the Darfur region, demanding the names 
        of Janjaweed militiamen disarmed and arrested for verification, 
        establishing an International Commission of Inquiry on Darfur 
        to investigate violations of international humanitarian and 
        human rights laws, and threatening sanctions should the 
        Government of Sudan fail to fully comply with Security Council 
        Resolutions 1556 and 1564, including such actions as to affect 
        Sudan's petroleum sector or individual members of the 
        Government of Sudan.
            (6) The Report of the International Commission of Inquiry 
        on Darfur, submitted to the United Nations Secretary-General on 
        January 25, 2005, established that the ``Government of the 
        Sudan and the Janjaweed are responsible for serious violations 
        of international human rights and humanitarian law amounting to 
        crimes under international law,'' that ``these acts were 
        conducted on a widespread and systematic basis, and therefore 
        may amount to crimes against humanity,'' and that Sudanese 
        officials and other individuals may have acted with ``genocidal 
        intent''.
            (7) The Report of the International Commission of Inquiry 
        on Darfur further notes that, pursuant to its mandate and in 
        the course of its work, the Commission had collected 
        information relating to individual perpetrators of acts 
        constituting ``violations of international human rights law and 
        international humanitarian law, including crimes against 
        humanity and war crimes'' and that a sealed file containing the 
        names of those individual perpetrators had been delivered to 
        the United Nations Secretary-General.
            (8) On March 24, 2005, the United Nations Security Council 
        passed Security Council Resolution 1590, establishing the 
        United Nations Mission in Sudan (UNMIS), consisting of up to 
        10,000 military personnel and 715 civilian police tasked with 
        supporting implementation of the Comprehensive Peace Agreement 
        for Sudan and ``closely and continuously liais[ing] and 
        coordinat[ing] at all levels with the African Union Mission in 
        Sudan (AMIS) with a view towards expeditiously reinforcing the 
        effort to foster peace in Darfur''.
            (9) On March 29, 2005, the United Nations Security Council 
        passed Security Council Resolution 1591, extending the military 
        embargo established by Security Council Resolution 1556 to all 
        the parties to the N'djamena Ceasefire Agreement of April 8, 
        2004, and any other belligerents in the states of North Darfur, 
        South Darfur, and West Darfur, calling for an asset freeze and 
        travel ban against those individuals who impede the peace 
        process, constitute a threat to stability in Darfur and the 
        region, commit violations of international humanitarian or 
        human rights law or other atrocities, are responsible for 
        offensive military overflights, or violate the military 
        embargo, and establishing a Committee of the Security Council 
        and a Panel of Experts to assist in monitoring compliance with 
        Security Council Resolutions 1556 and 1591.
            (10) On March 31, 2005, the United Nations Security Council 
        passed Security Council Resolution 1593, 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.
            (11) In remarks before the G-8 Summit on June 30, 2005, 
        President Bush reconfirmed that ``the violence in Darfur is 
        clearly genocide'' and ``the human cost is beyond 
        calculation''.
            (12) On July 30, 2005, Dr. John Garang de Mabior, the newly 
        appointed Vice President of Sudan and the leader of the Sudan 
        People's Liberation Movement/Army (SPLM/A) for the past 21 
        years, was killed in a tragic helicopter crash in southern 
        Sudan, sparking riots in Khartoum and challenging the 
        commitment of all Sudanese to the Comprehensive Peace Agreement 
        for Sudan.
            (13) Since 1993, the Secretary of State has determined that 
        the Republic of Sudan is a country which has repeatedly 
        provided support for acts of international terrorism and, 
        pursuant to section 6(j) of the Export Administration Act of 
        1979, section 40 of the Arms Export Control Act, and section 
        620A of the Foreign Assistance Act of 1961, designated Sudan as 
        a State Sponsor of Terrorism, thereby restricting United States 
        assistance, defense exports and sales, and financial and other 
        transactions with the Government of Sudan.

SEC. 4. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the genocide unfolding in the Darfur region of Sudan is 
        characterized by acts of terrorism and atrocities directed 
        against civilians, including mass murder, rape, and sexual 
        violence committed by the Janjaweed and associated militias 
        with the complicity and support of the National Congress Party-
        led faction of the Government of Sudan;
            (2) the Secretary of State should designate the Janjaweed 
        militia as a foreign terrorist organization pursuant to section 
        219 of the Immigration and Nationality Act;
            (3) all parties to the conflict in the Darfur region have 
        continued to violate the N'djamena Ceasefire Agreement of April 
        8, 2004, and the Abuja Protocols of November 9, 2004, and 
        violence against civilians, humanitarian aid workers, and 
        personnel of the African Union Mission in Sudan (AMIS) is 
        increasing;
            (4) the African Union should rapidly expand the size and 
        amend the mandate of the African Union Mission in Sudan to 
        authorize such action as may be necessary to protect civilians 
        and humanitarian operations, and deter violence in the Darfur 
        region without delay;
            (5) the international community, including the United 
        Nations, the North Atlantic Treaty Organization (NATO), the 
        European Union, and the United States, should immediately act 
        to mobilize sufficient political, military, and financial 
        resources to support the expansion of the African Union Mission 
        in Sudan so that it achieves the size, strength, and capacity 
        necessary for protecting civilians and humanitarian operations, 
        and ending the continued violence in the Darfur region;
            (6) if an expanded and reinforced African Union Mission in 
        Sudan fails to stop genocide in the Darfur region, the 
        international community should take additional, dispositive 
        measures to prevent and suppress acts of genocide in the Darfur 
        region;
            (7) acting under Article 5 of the Charter of the United 
        Nations, the United Nations Security Council should call for 
        suspension of the Government of Sudan's rights and privileges 
        of membership by the General Assembly until such time as the 
        Government of Sudan has honored pledges to cease attacks upon 
        civilians, demobilize and demilitarize the Janjaweed and 
        associated militias, and grant free and unfettered access for 
        deliveries of humanitarian assistance in the Darfur region;
            (8) the President should use all necessary and appropriate 
        diplomatic means to ensure the full discharge of the 
        responsibilities of the Committee of the United Nations 
        Security Council and the Panel of Experts established pursuant 
        to section 3(a) of Security Council Resolution 1591 (March 29, 
        2005);
            (9) the United States should not provide assistance to the 
        Government of Sudan, other than assistance necessary for the 
        implementation of the Comprehensive Peace Agreement for Sudan, 
        the support of the regional Government of Southern Sudan and 
        marginalized areas in northern Sudan (including the Nuba 
        Mountains, Southern Blue Nile, Abyei, Eastern Sudan (Beja), 
        Darfur, and Nubia), as well as marginalized peoples in and 
        around Khartoum, or for humanitarian purposes in Sudan, until 
        such time as the Government of Sudan has honored pledges to 
        cease attacks upon civilians, demobilize and demilitarize the 
        Janjaweed and associated militias, grant free and unfettered 
        access for deliveries of humanitarian assistance in the Darfur 
        region, and allow for the safe and voluntary return of refugees 
        and internally displaced persons;
            (10) the President should seek to assist members of the 
        Sudanese diaspora in the United States by establishing a 
        student loan forgiveness program for those individuals who 
        commit to return to southern Sudan for a period of not less 
        than five years for the purpose of contributing professional 
        skills needed for the reconstruction of southern Sudan;
            (11) the President should appoint a Presidential Envoy for 
        Sudan with appropriate resources and a clear mandate to provide 
        stewardship of efforts to implement the Comprehensive Peace 
        Agreement for Sudan, seek ways to bring stability and peace to 
        the Darfur region, address instability elsewhere in Sudan and 
        northern Uganda, and pursue a truly comprehensive peace 
        throughout the region;
            (12) to achieve the goals specified in paragraph (10) and 
        to further promote human rights and civil liberties, build 
        democracy, and strengthen civil society, the Presidential Envoy 
        for Sudan should be empowered to promote and encourage the 
        exchange of individuals pursuant to educational and cultural 
        programs, including programs funded by the Government of the 
        United States;
            (13) the international community should strongly condemn 
        attacks against humanitarian workers and demand that all armed 
        groups in the Darfur region, including the forces of the 
        Government of Sudan, the Janjaweed, associated militias, the 
        Sudan Liberation Movement/Army (SLM/A), the Justice and 
        Equality Movement (JEM), and all other armed groups refrain 
        from such attacks;
            (14) the United States should fully support the 
        Comprehensive Peace Agreement for Sudan and urge rapid 
        implementation of its terms; and
            (15) the new leadership of the Sudan People's Liberation 
        Movement (SPLM) should--
                    (A) seek to transform the SPLM into an inclusive, 
                transparent, and democratic body;
                    (B) reaffirm the commitment of the SPLM to bringing 
                peace not only to southern Sudan, but also to the 
                Darfur region, eastern Sudan, and northern Uganda; and
                    (C) remain united in the face of efforts to 
                undermine the 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 Sudanese Government'' after 
        ``Assets'';
            (2) by redesignating subsections (c) through (e) as 
        subsections (d) through (f), respectively; and
            (3) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Blocking of Assets and Restriction on Visas of Certain 
Individuals Identified by the President.--
            ``(1) Blocking of assets.--Beginning on the date that is 30 
        days after the date of the enactment of the Darfur Peace and 
        Accountability Act of 2006, and in the interest of contributing 
        to peace in Sudan, the President shall, consistent with the 
        authorities granted in the International Emergency Economic 
        Powers Act (50 U.S.C. 1701 et seq.), block the assets of any 
        individual who the President determines is complicit in, or 
        responsible for, acts of genocide, war crimes, or crimes 
        against humanity in Darfur, including the family members or any 
        associates of such individual to whom assets or property of 
        such individual was transferred on or after July 1, 2002.
            ``(2) Restriction on visas.--Beginning on the date that is 
        30 days after the date of the enactment of the Darfur Peace and 
        Accountability Act of 2006, and in the interest of contributing 
        to peace in Sudan, the President shall deny visas and entry to 
        any individual who the President determines is complicit in, or 
        responsible for, acts of genocide, war crimes, or crimes 
        against humanity in Darfur, including the family members 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 new sentence: ``The President may waive the 
application of paragraph (1) or (2) of subsection (c) with respect to 
an individual if the President determines that such a waiver is in the 
national interests of the United States and, prior to exercising the 
waiver, transmits to the appropriate congressional committees a 
notification which includes the name of the individual and the reasons 
for the waiver.''.
    (c) Sanctions Against Certain Janjaweed Commanders and 
Coordinators.--The President should immediately consider imposing the 
sanctions described in section 6(c) of the Comprehensive Peace in Sudan 
Act of 2004 (as added by subsection (a)) against the Janjaweed 
commanders and coordinators identified by the former United States 
Ambassador-at-Large for War Crimes before the Subcommittee on Africa of 
the House International Relations Committee on June 24, 2004.

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

    (a) United States Assistance to Support AMIS.--Section 7 of the 
Comprehensive Peace in Sudan Act of 2004 (Public Law 108-497; 50 U.S.C. 
1701 note) is amended--
            (1) by striking ``Notwithstanding'' and inserting ``(a) 
        General Assistance.--Notwithstanding''; and
            (2) by adding at the end the following new subsection:
    ``(b) Assistance to Support AMIS.--Notwithstanding any other 
provision of law, the President is authorized to provide assistance, on 
such terms and conditions as the President may determine and in 
consultation with the appropriate congressional committees, to 
reinforce the deployment and operations of an expanded African Union 
Mission in Sudan (AMIS) with the mandate, size, strength, and capacity 
to protect civilians and humanitarian operations, stabilize the Darfur 
region of Sudan and dissuade and deter air attacks directed against 
civilians and humanitarian workers, including but not limited to 
providing assistance in the areas of logistics, transport, 
communications, materiel support, technical assistance, training, 
command and control, aerial surveillance, and intelligence.''.
    (b) NATO Assistance to Support AMIS.--The President should instruct 
the United States Permanent Representative to the North Atlantic Treaty 
Organization (NATO) to use the voice, vote, and influence of the United 
States at NATO to advocate NATO reinforcement of the African Union 
Mission in Sudan (AMIS), upon the request of the African Union, 
including but not limited to the provision of assets to dissuade and 
deter offensive air strikes directed against civilians and humanitarian 
workers in the Darfur region of Sudan and other logistical, 
transportation, communications, training, technical assistance, command 
and control, aerial surveillance, and intelligence support.
    (c) Denial of Entry at United States Ports to Certain Cargo Ships 
or Oil Tankers.--
            (1) In general.--The President should take all necessary 
        and appropriate steps to deny the Government of Sudan access to 
        oil revenues, including by prohibiting entry at United States 
        ports to cargo ships or oil tankers engaged in business or 
        trade activities in the oil sector of Sudan or involved in the 
        shipment of goods for use by the armed forces of Sudan until 
        such time as the Government of Sudan has honored its 
        commitments to cease attacks on civilians, demobilize and 
        demilitarize the Janjaweed and associated militias, grant free 
        and unfettered access for deliveries of humanitarian 
        assistance, and allow for the safe and voluntary return of 
        refugees and internally displaced persons.
            (2) Exception.--Paragraph (1) shall not apply with respect 
        to cargo ships or oil tankers involved in an internationally-
        recognized demobilization program or the shipment of non-lethal 
        assistance necessary to carry out elements of the Comprehensive 
        Peace Agreement for Sudan.
    (d) Prohibition on Assistance to Countries in Violation of United 
Nations Security Council Resolutions 1556 and 1591.--
            (1) Prohibition.--Amounts made available to carry out the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) may not 
        be used to provide assistance (other than humanitarian 
        assistance) to the government of a country that is in violation 
        of the embargo on military assistance with respect to Sudan 
        imposed pursuant to United Nations Security Council Resolutions 
        1556 (July 30, 2004) and 1591 (March 29, 2005).
            (2) Waiver.--The President may waive the application of 
        paragraph (1) if the President determines and certifies to the 
        appropriate congressional committees that it is in the national 
        interests of the United States to do so.

SEC. 7. MULTILATERAL EFFORTS.

     The President shall direct the United States Permanent 
Representative to the United Nations to use the voice and vote of the 
United States to urge the adoption of a resolution by the United 
Nations Security Council that--
            (1) supports the expansion of the African Union Mission in 
        Sudan (AMIS) so that it achieves the mandate, size, strength, 
        and capacity needed to protect civilians and humanitarian 
        operations, and dissuade and deter fighting and violence in the 
        Darfur region of Sudan, and urges Member States of the United 
        Nations to accelerate political, material, financial, and other 
        assistance to the African Union toward this end;
            (2) reinforces efforts of the African Union to negotiate 
        peace talks between the Government of Sudan, the Sudan 
        Liberation Movement/Army (SLM/A), the Justice and Equality 
        Movement (JEM), and associated armed groups in the Darfur 
        region, calls on the Government of Sudan, the SLM/A, and the 
        JEM to abide by their obligations under the N'Djamena Ceasefire 
        Agreement of April 8, 2004 and subsequent agreements, urges all 
        parties to engage in peace talks without preconditions and seek 
        to resolve the conflict, and strongly condemns all attacks 
        against humanitarian workers and African Union personnel in the 
        Darfur region;
            (3) imposes sanctions against the Government of Sudan, 
        including sanctions against individual members of the 
        Government of Sudan, and entities controlled or owned by 
        officials of the Government of Sudan or the National Congress 
        Party in Sudan until such time as the Government of Sudan has 
        honored its commitments to cease attacks on civilians, 
        demobilize and demilitarize the Janjaweed and associated 
        militias, grant free and unfettered access for deliveries of 
        humanitarian assistance, and allow for the safe and voluntary 
        return of refugees and internally displaced persons;
            (4) extends the military embargo established by United 
        Nations Security Council Resolutions 1556 (July 30, 2004) and 
        1591 (March 29, 2005) to include a total prohibition on the 
        sale or supply of offensive military equipment to the 
        Government of Sudan, except for use in an internationally-
        recognized demobilization program or for non-lethal assistance 
        necessary to carry out elements of the Comprehensive Peace 
        Agreement for Sudan; and
            (5) calls upon those Member States of the United Nations 
        that continue to undermine efforts to foster peace in Sudan by 
        providing military assistance and equipment to the Government 
        of Sudan, the SLM/A, the JEM, and associated armed groups in 
        the Darfur region in violation of the embargo on such 
        assistance and equipment, as called for in United Nations 
        Security Council Resolutions 1556 and 1591, to immediately 
        cease and desist.

SEC. 8. CONTINUATION OF RESTRICTIONS.

    (a) Continuation of Restrictions.--Restrictions against the 
Government 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, 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 transmits to the 
appropriate congressional committees a certification that the 
Government of Sudan is acting in good faith to--
            (1) peacefully resolve the crisis in the Darfur region of 
        Sudan;
            (2) disarm, demobilize, and demilitarize the Janjaweed and 
        all government-allied militias;
            (3) adhere to United Nations Security Council Resolutions 
        1556 (2004), 1564 (2004), 1591 (2005), and 1593 (2005);
            (4) negotiate a peaceful resolution to the crisis in 
        eastern Sudan;
            (5) fully cooperate with efforts to disarm, demobilize, and 
        deny safe haven to members of the Lords Resistance Army; and
            (6) fully implement the Comprehensive Peace Agreement for 
        Sudan without manipulation or delay, including by--
                    (A) implementing the recommendations of the Abyei 
                Commission Report;
                    (B) establishing other appropriate commissions and 
                implementing and adhering to the recommendations of 
                such commissions consistent with the terms of the 
                Comprehensive Peace Agreement for Sudan;
                    (C) adhering to the terms of the Wealth Sharing 
                Agreement; and
                    (D) withdrawing government forces from southern 
                Sudan consistent with the terms of the Comprehensive 
                Peace Agreement for Sudan.
    (b) Waiver.--The President may waive the application of subsection 
(a) if the President determines and certifies to the appropriate 
congressional committees that it is in the national interests of the 
United States to do so.

SEC. 9. ASSISTANCE EFFORTS IN SUDAN.

    (a) Additional Authorities.--Section 501(a) of the Assistance for 
International Malaria Control Act (50 U.S.C. 1701 note) is amended--
            (1) by striking ``Notwithstanding any other provision of 
        law'' and inserting the following:
            ``(1) In general.--Notwithstanding any other provision of 
        law'';
            (2) by inserting ``civil administrations,'' after 
        ``indigenous groups,'';
            (3) by striking ``areas outside of control of the 
        Government of Sudan'' and inserting ``southern Sudan, southern 
        Kordofan/Nuba Mountains State, Blue Nile State, and Abyei'';
            (4) by inserting at the end before the period the 
        following: ``, including the Comprehensive Peace Agreement for 
        Sudan''; and
            (5) by adding at the end the following new paragraph:
            ``(2) Congressional notification.--
                    ``(A) In general.--Assistance may not be obligated 
                under this subsection until 15 days after the date on 
                which the President has provided notice thereof to the 
                congressional committees specified in section 634A of 
                the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1) 
                in accordance with the procedures applicable to 
                reprogramming notifications under such section.
                    ``(B) Rule of construction.--The notification 
                requirement of subparagraph (A) shall not apply in the 
                case of assistance subject to notification in 
                accordance with section 634A of the Foreign Assistance 
                Act of 1961 pursuant to any provision of an Act making 
                appropriations for foreign operations, export 
                financing, and related programs.''.
    (b) Exception to Prohibitions in Executive Order No. 13067.--
Section 501(b) of the Assistance for International Malaria Control Act 
(50 U.S.C. 1701 note) is amended--
            (1) in the heading, by striking ``Export Prohibitions'' and 
        inserting ``Prohibitions in Executive Order No. 13067'';
            (2) by striking ``any export from an area in Sudan outside 
        of control of the Government of Sudan, or to any necessary 
        transaction directly related to that export'' and inserting 
        ``activities or related transactions with respect to southern 
        Sudan, southern Kordofan/Nuba Mountains State, Blue Nile State, 
        or Abyei''; and
            (3) by striking ``the export or related transaction'' and 
        all that follows and inserting ``such activities or related 
        transactions would directly benefit the economic recovery and 
        development of those areas and people.''.

SEC. 10. REPORTS.

    (a) Report on African Union Mission in Sudan (AMIS).--Section 8 of 
the Sudan Peace Act (Public Law 107-245; 50 U.S.C. 1701 note) is 
amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Report on African Union Mission in Sudan (AMIS).--In 
conjunction with reports required under subsections (a) and (b) of this 
section, the Secretary of State shall submit to the appropriate 
congressional committees a report, to be prepared in conjunction with 
the Secretary of Defense, on--
            ``(1) efforts to fully deploy the African Union Mission in 
        Sudan (AMIS) with the size, strength, and capacity necessary to 
        stabilize the Darfur region of Sudan and protect civilians and 
        humanitarian operations;
            ``(2) the needs of AMIS to ensure success, including in the 
        areas of housing, transport, communications, equipment, 
        technical assistance, training, command and control, 
        intelligence, and such assistance as is necessary to dissuade 
        and deter attacks, including by air, directed against civilians 
        and humanitarian operations;
            ``(3) the current level of United States assistance and 
        other assistance provided to AMIS, and a request for additional 
        United States assistance, if necessary;
            ``(4) the status of North Atlantic Treaty Organization 
        (NATO) plans and assistance to support AMIS; and
            ``(5) the performance of AMIS in carrying out its mission 
        in the Darfur region.''.
    (b) Report on Sanctions in Support of Peace in Darfur.--Section 8 
of the Sudan Peace Act (Public Law 107-245; 50 U.S.C. 1701 note), as 
amended by subsection (a), is further amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Report on Sanctions in Support of Peace in Darfur.--In 
conjunction with reports required under subsections (a), (b), and (c) 
of this section, the Secretary of State shall submit to the appropriate 
congressional committees a report regarding sanctions imposed under 
subsections (a) through (d) of section 6 of the Comprehensive Peace in 
Sudan Act of 2004, including--
            ``(1) a description of each sanction imposed under such 
        provisions of law; and
            ``(2) the name of the individual or entity subject to the 
        sanction, if applicable.''.

SEC. 11. RULE OF CONSTRUCTION.

    Nothing in this Act (or any amendment made by this Act) or any 
other provision of law shall be construed to preempt any State law that 
prohibits investment of State funds, including State pension funds, in 
or relating to the Republic of the Sudan.
                                                 Union Calendar No. 219

109th CONGRESS

  2d Session

                               H. R. 3127

                  [Report No. 109-392, Parts I and II]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             March 29, 2006

    Reported from the Committee on the Judiciary with an amendment, 
   committed to the Committee of the Whole House on the State of the 
                    Union, and ordered to be printed