[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3884 Placed on Calendar Senate (PCS)]







                                                       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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

SEC. 2. DEFINITIONS.

    In this Act:
            (1) AMIS.--The term ``AMIS'' means the African Union 
        Mission in Sudan.
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Relations of the Senate and the Committee on 
        International Relations of the House of Representatives.
            (3) Comprehensive peace agreement for sudan.--The term 
        ``Comprehensive Peace Agreement for Sudan'' means the peace 
        agreement signed by the Government of Sudan and the SPLM/A in 
        Nairobi, Kenya, on January 9, 2005.
            (4) Darfur peace agreement.--The term ``Darfur Peace 
        Agreement'' means the peace agreement signed by the Government 
        of Sudan and the Sudan Liberation Movement/Army in Abuja, 
        Nigeria, on May 5, 2006.
            (5) Government of sudan.--The term ``Government of 
        Sudan''--
                    (A) means--
                            (i) the government in Khartoum, Sudan, 
                        which is led by the National Congress Party 
                        (formerly known as the National Islamic Front); 
                        or
                            (ii) any successor government formed on or 
                        after the date of the enactment of this Act 
                        (including the coalition National Unity 
                        Government agreed upon in the Comprehensive 
                        Peace Agreement for Sudan); and
                    (B) does not include the regional government of 
                Southern Sudan.
            (6) Officials of the government of sudan.--The term 
        ``official of the Government of Sudan'' does not include any 
        individual--
                    (A) who was not a member of such government before 
                July 1, 2005; or
                    (B) who is a member of the regional government of 
                Southern Sudan.
            (7) SPLM/A.--The term ``SPLM/A'' means the Sudan People's 
        Liberation Movement/Army.

SEC. 3. FINDINGS.

    Congress makes the following findings:
            (1) On July 23, 2004, Congress declared, ``the atrocities 
        unfolding in Darfur, Sudan, are genocide''.
            (2) On September 9, 2004, Secretary of State Colin L. 
        Powell stated before the Committee on Foreign Relations of the 
        Senate, ``genocide has occurred and may still be occurring in 
        Darfur'', and ``the Government of Sudan and the Janjaweed bear 
        responsibility''.
            (3) On September 21, 2004, in an address before the United 
        Nations General Assembly, President George W. Bush affirmed the 
        Secretary of State's finding and stated, ``[a]t this hour, the 
        world is witnessing terrible suffering and horrible crimes in 
        the Darfur region of Sudan, crimes my government has concluded 
        are genocide''.
            (4) On July 30, 2004, the United Nations Security Council 
        passed Security Council Resolution 1556 (2004), calling upon 
        the Government of Sudan to disarm the Janjaweed militias and to 
        apprehend and bring to justice Janjaweed leaders and their 
        associates who have incited and carried out violations of human 
        rights and international humanitarian law, and establishing a 
        ban on the sale or supply of arms and related materiel of all 
        types, including the provision of related technical training or 
        assistance, to all nongovernmental entities and individuals, 
        including the Janjaweed.
            (5) On September 18, 2004, the United Nations Security 
        Council passed Security Council Resolution 1564 (2004), 
        determining that the Government of Sudan had failed to meet its 
        obligations under Security Council Resolution 1556 (2004), 
        calling for a military flight ban in and over the Darfur 
        region, demanding the names of Janjaweed militiamen disarmed 
        and arrested for verification, establishing an International 
        Commission of Inquiry on Darfur to investigate violations of 
        international humanitarian and human rights laws, and 
        threatening sanctions should the Government of Sudan fail to 
        fully comply with Security Council Resolutions 1556 (2004) and 
        1564 (2004), including such actions as to affect Sudan's 
        petroleum sector or individual members of the Government of 
        Sudan.
            (6) The Report of the International Commission of Inquiry 
        on Darfur, submitted to the United Nations Secretary-General on 
        January 25, 2005, established that the ``Government of the 
        Sudan and the Janjaweed are responsible for serious violations 
        of international human rights and humanitarian law amounting to 
        crimes under international law,'' that ``these acts were 
        conducted on a widespread and systematic basis, and therefore 
        may amount to crimes against humanity,'' and that officials of 
        the Government of Sudan and other individuals may have acted 
        with ``genocidal intent''.
            (7) On March 24, 2005, the United Nations Security Council 
        passed Security Council Resolution 1590 (2005), establishing 
        the United Nations Mission in Sudan (referred to in this 
        section as the ``UNMIS''), consisting of up to 10,000 military 
        personnel and 715 civilian police, to support implementation of 
        the Comprehensive Peace Agreement for Sudan and ``closely and 
        continuously liaise and coordinate at all levels with AMIS with 
        a view towards expeditiously reinforcing the effort to foster 
        peace in Darfur''.
            (8) On March 29, 2005, the United Nations Security Council 
        passed Security Council Resolution 1591 (2005), extending the 
        military embargo established by Security Council Resolution 
        1556 (2004) to all the parties to the N'Djamena Ceasefire 
        Agreement of April 8, 2004, and any other belligerents in the 
        states of North Darfur, South Darfur, and West Darfur, calling 
        for an asset freeze and travel ban against those individuals 
        who impede the peace process, constitute a threat to stability 
        in Darfur and the region, commit violations of international 
        humanitarian or human rights law or other atrocities, are 
        responsible for offensive military overflights, or violate the 
        military embargo, and establishing a Committee of the Security 
        Council and a panel of experts to assist in monitoring 
        compliance with Security Council Resolutions 1556 (2004) and 
        1591 (2005).
            (9) On March 31, 2005, the United Nations Security Council 
        passed Security Council Resolution 1593 (2005), referring the 
        situation in Darfur since July 1, 2002, to the prosecutor of 
        the International Criminal Court and calling on the Government 
        of Sudan and all parties to the conflict to cooperate fully 
        with the Court.
            (10) On May 25, 2004, the African Union agreed to establish 
        the African Union Mission in Sudan (referred to in this Act as 
        the ``AMIS'') to monitor the April 2004 N'Djamena Humanitarian 
        Ceasefire Agreement between the parties in conflict in the 
        Darfur region of Sudan and provide necessary protection of such 
        observer force.
            (11) On July 30, 2005, Dr. John Garang de Mabior, the newly 
        appointed Vice President of Sudan and the leader of the SPLM/A 
        for the past 21 years, was killed in a tragic helicopter crash 
        in Southern Sudan, sparking riots in Khartoum and challenging 
        the commitment of all Sudanese to the Comprehensive Peace 
        Agreement for Sudan.
            (12) On January 12, 2006, the African Union Peace and 
        Security Council issued a communique endorsing, in principle, a 
        transition from AMIS to a United Nations peacekeeping operation 
        and requested the Chairperson of the Council to initiate 
        consultations with the United Nations and other stakeholders 
        toward this end.
            (13) On February 3, 2006, the United Nations Security 
        Council issued a Presidential Statement authorizing the 
        initiation of contingency planning for a transition from AMIS 
        to a United Nations peacekeeping operation.
            (14) On March 10, 2006, the African Union Peace and 
        Security Council extended the mandate of AMIS, which had 
        reached a force size of 7,000, to September 30, 2006, while 
        simultaneously endorsing the transition of AMIS to a United 
        Nations peacekeeping operation and setting April 30, 2006 as 
        the deadline for reaching an agreement to resolve the crisis in 
        Darfur.
            (15) On March 24, 2006, the United Nations Security Council 
        passed Security Council Resolution 1663 (2006), which--
                    (A) welcomes the African Peace and Security 
                Council's March 10, 2006, communique; and
                    (B) requests that the United Nations Secretary-
                General, jointly with the African Union and in 
                consultation with the parties to the Abuja Peace Talks, 
                expedite planning for the transition of AMIS to a 
                United Nations peacekeeping operation.
            (16) On March 29, 2006, during a speech at Freedom House, 
        President Bush called for a transition to a United Nations 
        peacekeeping operation and ``additional forces with a NATO 
        overlay . . . to provide logistical and command-and-control and 
        airlift capacity, but also to send a clear signal to parties 
        involved that the west is determined to help effect a 
        settlement.''.
            (17) On April 25, 2006, the United Nations Security Council 
        passed Security Council Resolution 1672 (2006), unanimously 
        imposing targeted financial sanctions and travel restrictions 
        on 4 individuals who had been identified in a list of 51 
        submitted to the United Nations Security Council by a United 
        Nations panel of experts established pursuant to Security 
        Council Resolution 1591 (2005), which had identified the 
        individuals as those who, among other acts, ``impede the peace 
        process, constitute a threat to stability in Darfur and the 
        region, commit violations of international humanitarian or 
        human rights law or other atrocities'', including the Commander 
        of the Western Military Region for the armed forces of Sudan, 
        the Paramount Chief of the Jalul Tribe in North Darfur, the 
        Commander of the Sudanese Liberation Army, and the Field 
        Commander of the National Movement for Reform and Development.
            (18) On May 5, 2006, under the auspices of African Union 
        mediation and the direct engagement of the international 
        community, including the United States, the Government of Sudan 
        and the largest rebel faction in Darfur, the Sudan Liberation 
        Movement, signed the Darfur Peace Agreement, which addresses 
        security, power sharing, and wealth sharing issues between the 
        parties.
            (19) In August 2006, the Sudanese government began to amass 
        military forces and equipment in the Darfur region in 
        contravention of the Darfur Peace Agreement to which they are 
        signatories in what appears to be preliminary to full scale 
        war.
            (20) On August 30, 2006, the United Nations Security 
        Council voted unanimously, with 3 abstentions (China, Russian 
        Federation, and Qatar), for Security Council Resolution 1706 
        (2006) to expand the mandate of the existing United Nations 
        Mission in Sudan to include the Darfur region of Sudan and to 
        support implementation of the Darfur Peace Agreement of May 5, 
        2006, and the N'djamena Agreement on Humanitarian Cease-fire on 
        the Conflict in Darfur with up to 20,000 peacekeepers and 
        police.
            (21) Between August 30 and September 3, 2006, President 
        Bashir and other senior members of his administration have 
        publicly rejected United Nations Security Council Resolution 
        1706 (2006), calling it illegal and a western invasion of his 
        country, despite the current presence of 10,000 United Nations 
        peacekeepers under the UNMIS peacekeeping force.
            (22) Since 1993, the Government of Sudan has been 
        designated, pursuant to section 6(j) of the Export 
        Administration Act of 1979 (50 App. U.S.C. 2405(j)), as a 
        country which has repeatedly provided support for acts of 
        international terrorism. Since Sudan has been designated as a 
        state sponsor of terrorism, United States assistance, defense 
        exports and sales, and financial and other transactions with 
        the Government of Sudan are severely restricted under section 
        620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) and 
        section 40 of the Arms Export Control Act (22 U.S.C. 2780).

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) all parties to the conflict in the Darfur region have 
        continued to violate the N'Djamena Ceasefire Agreement of April 
        8, 2004, and the Abuja Protocols of November 9, 2004, and 
        violence against civilians, humanitarian aid workers, and 
        personnel of AMIS is increasing;
            (3) the African Union should rapidly expand the size and 
        amend the mandate of AMIS to authorize such action as may be 
        necessary to--
                    (A) protect civilians and humanitarian operations;
                    (B) assist with the implementation of the Darfur 
                Peace Agreement;
                    (C) deter violence in the Darfur region; and
                    (D) make all necessary preparations, without delay, 
                for an orderly transition to a United Nations 
                peacekeeping operation, which may include African Union 
                participation;
            (4) the international community, including the United 
        States and the European Union, should immediately act to 
        mobilize sufficient political, military, and financial 
        resources through the United Nations and the North Atlantic 
        Treaty Organization, to support the transition of AMIS to a 
        United Nations peacekeeping operation with the size, strength, 
        and capacity necessary to protect civilians and humanitarian 
        operations, to assist with the implementation of the Darfur 
        Peace Agreement, and to end the continued violence in the 
        Darfur region;
            (5) if an expanded and reinforced AMIS or subsequent United 
        Nations peacekeeping operation fails to stop genocide in the 
        Darfur region, the international community should take 
        additional measures to prevent and suppress acts of genocide in 
        the Darfur region;
            (6) acting under article 5 of the Charter of the United 
        Nations, the United Nations Security Council should call for 
        suspension of the Government of Sudan's rights and privileges 
        of membership by the General Assembly until such time as the 
        Government of Sudan has honored pledges to cease attacks upon 
        civilians, demobilize and demilitarize the Janjaweed and 
        associated militias, and grant free and unfettered access for 
        deliveries of humanitarian assistance in the Darfur region;
            (7) the President should use all necessary and appropriate 
        diplomatic means to ensure the full discharge of the 
        responsibilities of the Committee of the United Nations 
        Security Council and the panel of experts established pursuant 
        to section 3(a) of Security Council Resolution 1591 (2005);
            (8) the United States should not provide assistance to the 
        Government of Sudan, other than assistance necessary for the 
        implementation of the Comprehensive Peace Agreement for Sudan 
        and the Darfur Peace Agreement, the support of the regional 
        Government of Southern Sudan and marginalized areas in Northern 
        Sudan (including the Nuba Mountains, Southern Blue Nile, Abyei, 
        Eastern Sudan (Beja), Darfur, and Nubia), or for humanitarian 
        purposes in Sudan, until the Government of Sudan has honored 
        pledges to cease attacks upon civilians, demobilize and 
        demilitarize the Janjaweed and associated militias, grant free 
        and unfettered access for deliveries of humanitarian assistance 
        in the Darfur region, and allow for the safe and voluntary 
        return of refugees and internally displaced persons;
            (9) the President should seek to assist members of the 
        Sudanese diaspora in the United States by establishing a 
        student loan forgiveness program for those individuals who 
        commit to return to Southern Sudan for a period of not less 
        than 5 years for the purpose of contributing professional 
        skills needed for the reconstruction of Southern Sudan;
            (10) the President should appoint a Presidential Envoy for 
        Sudan with appropriate resources and a clear mandate to--
                    (A) provide stewardship of efforts to implement the 
                Comprehensive Peace Agreement for Sudan and the Darfur 
                Peace Agreement;
                    (B) seek ways to bring stability and peace to the 
                Darfur region;
                    (C) address instability elsewhere in Sudan, Chad, 
                and northern Uganda; and
                    (D) pursue a truly comprehensive peace throughout 
                the region;
            (11) the international community should strongly condemn 
        attacks against humanitarian workers and African Union 
        personnel, and the forcible recruitment of refugees from camps 
        in Chad and Sudan, and demand that all armed groups in the 
        region, including the forces of the Government of Sudan, the 
        Janjaweed, associated militias, the Sudan Liberation Movement/
        Army, the Justice and Equality Movement, and all other armed 
        groups refrain from such activities;
            (12) the United States should fully support the 
        Comprehensive Peace Agreement for Sudan and the Darfur Peace 
        Agreement and urge rapid implementation of its terms;
            (13) the May 5, 2006, signing of the Darfur Peace Agreement 
        between the Government of Sudan and the Sudan Liberation 
        Movement was a positive development in a situation that has 
        seen little political progress in 2 years and should be seized 
        upon by all sides to begin the arduous process of post-conflict 
        reconstruction, restitution, justice, and reconciliation; and
            (14) the new leadership of the Sudan People's Liberation 
        Movement (referred to in this paragraph as ``SPLM'') should--
                    (A) seek to transform SPLM into an inclusive, 
                transparent, and democratic body;
                    (B) reaffirm the commitment of SPLM to--
                            (i) bring peace to Southern Sudan, the 
                        Darfur region, and Eastern Sudan; and
                            (ii) eliminate safe haven for regional 
                        rebel movements, such as the Lord's Resistance 
                        Army; and
                    (C) remain united in the face of efforts to 
                undermine SPLM.

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

    (a) Blocking of Assets and Restriction on Visas.--Section 6 of the 
Comprehensive Peace in Sudan Act of 2004 (Public Law 108-497; 50 U.S.C. 
1701 note) is amended--
            (1) in the heading of subsection (b), by inserting ``of 
        Appropriate Senior Officials of the Government of Sudan'' after 
        ``Assets'';
            (2) by redesignating subsections (c) through (e) as 
        subsections (d) through (f), respectively; and
            (3) by inserting after subsection (b) the following:
    ``(c) Blocking of Assets and Restriction on Visas of Certain 
Individuals Identified by the President.--
            ``(1) Blocking of assets.--Beginning on the date that is 30 
        days after the date of the enactment of the Darfur Peace and 
        Accountability Act of 2006, and in the interest of contributing 
        to peace in Sudan, the President shall, consistent with the 
        authorities granted under the International Emergency Economic 
        Powers Act (50 U.S.C. 1701 et seq.), block the assets of any 
        individual who the President determines is complicit in, or 
        responsible for, acts of genocide, war crimes, or crimes 
        against humanity in Darfur, including the family members or any 
        associates of such individual to whom assets or property of 
        such individual was transferred on or after July 1, 2002.
            ``(2) Restriction on visas.--Beginning on the date that is 
        30 days after the date of the enactment of the Darfur Peace and 
        Accountability Act of 2006, and in the interest of contributing 
        to peace in Sudan, the President shall deny a visa and entry to 
        any individual who the President determines to be complicit in, 
        or responsible for, acts of genocide, war crimes, or crimes 
        against humanity in Darfur, including the family members or any 
        associates of such individual to whom assets or property of 
        such individual was transferred on or after July 1, 2002.''.
    (b) Waiver.--Section 6(d) of the Comprehensive Peace in Sudan Act 
of 2004, as redesignated by subsection (a), is amended by adding at the 
end the following: ``The President may waive the application of 
paragraph (1) or (2) of subsection (c) with respect to any individual 
if the President determines that such a waiver is in the national 
interests of the United States and, before exercising the waiver, 
notifies the appropriate congressional committees of the name of the 
individual and the reasons for the waiver.''.
    (c) Sanctions Against Certain Janjaweed Commanders and 
Coordinators.--It is the sense of Congress, that 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 on June 24, 
2004, before the Subcommittee on Africa, Global Human Rights and 
International Operations of the Committee on International Relations of 
the House of Representatives.

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

    (a) Presidential Assistance To Support AMIS.--Subject to subsection 
(b) and notwithstanding any other provision of law, the President is 
authorized to provide AMIS with--
            (1) assistance for any expansion of the mandate, size, 
        strength, and capacity to protect civilians and humanitarian 
        operations in order to help stabilize the Darfur region of 
        Sudan and dissuade and deter air attacks directed against 
        civilians and humanitarian workers; and
            (2) assistance in the areas of logistics, transport, 
        communications, material support, technical assistance, 
        training, command and control, aerial surveillance, and 
        intelligence.
    (b) Conditions.--
            (1) In general.--Assistance provided under subsection (a)--
                    (A) shall be used only in the Darfur region; and
                    (B) shall not be provided until AMIS has agreed not 
                to transfer title to, or possession of, any such 
                assistance to anyone not an officer, employee or agent 
                of AMIS, and not to use or to permit the use of such 
                assistance for any purposes other than those for which 
                such assistance was furnished, unless the consent of 
                the President has first been obtained, and written 
                assurances reflecting all 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 agrees to permit the use of such assistance for any 
        purposes other than those for which such assistance was 
        furnished, the President shall immediately notify the Committee 
        on Foreign Relations of the Senate and the Committee on 
        International Relations of the House of Representatives in 
        accordance with the procedures applicable to reprogramming 
        notifications under section 634A of the Foreign Assistance Act 
        of 1961 (22 U.S.C. 2394-1).
    (c) NATO Assistance To Support AMIS.--It is the sense of Congress 
that the President should continue to instruct the United States 
Permanent Representative to the North Atlantic Treaty Organization 
(referred to in this section as ``NATO'') to use the voice, vote, and 
influence of the United States at NATO to--
            (1) advocate NATO reinforcement of the AMIS and its orderly 
        transition to a United Nations peacekeeping operation, as 
        appropriate;
            (2) provide assets to help dissuade and deter air strikes 
        directed against civilians and humanitarian workers in the 
        Darfur region of Sudan; and
            (3) provide other logistical, transportation, 
        communications, training, technical assistance, command and 
        control, aerial surveillance, and intelligence support.
    (d) Rule of Construction.--Nothing in this Act, or any amendment 
made by this Act, shall be construed as a provision described in 
section 5(b) or 8(a)(1) of the War Powers Resolution (Public Law 93-
148; 50 U.S.C. 1544(b), 1546(a)(1)).
    (e) Denial of Entry at United States Ports to Certain Cargo Ships 
or Oil Tankers.--
            (1) In general.--The President should take all necessary 
        and appropriate steps to deny the Government of Sudan access to 
        oil revenues, including by prohibiting entry at United States 
        ports to cargo ships or oil tankers engaged in business or 
        trade activities in the oil sector of Sudan or involved in the 
        shipment of goods for use by the armed forces of Sudan until 
        such time as the Government of Sudan has honored its 
        commitments to cease attacks on civilians, demobilize and 
        demilitarize the Janjaweed and associated militias, grant free 
        and unfettered access for deliveries of humanitarian 
        assistance, and allow for the safe and voluntary return of 
        refugees and internally displaced persons.
            (2) Exception.--Paragraph (1) shall not apply with respect 
        to--
                    (A) cargo ships or oil tankers involved in an 
                internationally-recognized demobilization program or 
                the shipment of economic assistance; or
                    (B) if the President has made the determination set 
                forth in section 9(e), military assistance necessary to 
                carry out elements of the Comprehensive Peace Agreement 
                for Sudan or the Darfur Peace Agreement.
    (f) Prohibition on Assistance to Countries in Violation of United 
Nations Security Council Resolutions 1556 and 1591.--
            (1) Prohibition.--Amounts made available to carry out the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) may not 
        be used to provide assistance (other than humanitarian 
        assistance) to the government of a country that is in violation 
        of the embargo on military assistance with respect to Sudan 
        imposed pursuant to United Nations Security Council Resolutions 
        1556 (2004) and 1591 (2005).
            (2) Waiver.--The President may waive the application of 
        paragraph (1) if the President determines, and certifies to the 
        appropriate congressional committees, that such waiver is in 
        the national interests of the United States.

SEC. 7. CONTINUATION OF RESTRICTIONS.

    (a) In General.--Restrictions against the Government of Sudan that 
were imposed pursuant to Executive Order 13067 of November 3, 1997 (62 
Federal Register 59989), title III and sections 508, 512, 527, and 569 
of the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2006 (Public Law 109-102), or any other similar 
provision of law, shall remain in effect, and shall not be lifted 
pursuant to such provisions of law, until the President certifies to 
the appropriate congressional committees that the Government of Sudan 
is acting in good faith to--
            (1) implement the Darfur Peace Agreement;
            (2) disarm, demobilize, and demilitarize the Janjaweed and 
        all militias allied with the Government of Sudan;
            (3) adhere to all associated United Nations Security 
        Council Resolutions, including Security Council Resolutions 
        1556 (2004), 1564 (2004), 1591 (2005), 1593 (2005), 1663 
        (2006), 1665 (2006), and 1706 (2006);
            (4) negotiate a peaceful resolution to the crisis in 
        eastern Sudan;
            (5) fully cooperate with efforts to disarm, demobilize, and 
        deny safe haven to members of the Lord's Resistance Army in 
        Sudan; and
            (6) fully implement the Comprehensive Peace Agreement for 
        Sudan without manipulation or delay, by--
                    (A) implementing the recommendations of the Abyei 
                Boundaries Commission Report;
                    (B) establishing other appropriate commissions and 
                implementing and adhering to the recommendations of 
                such commissions consistent with the terms of the 
                Comprehensive Peace Agreement for Sudan;
                    (C) adhering to the terms of the Wealth Sharing 
                Agreement; and
                    (D) withdrawing government forces from Southern 
                Sudan consistent with the terms of the Comprehensive 
                Peace Agreement for Sudan.
    (b) Waiver.--The President may waive the application of subsection 
(a) if the President determines, and certifies to the appropriate 
congressional committees, that such waiver is in the national interests 
of the United States.

SEC. 8. ASSISTANCE EFFORTS IN SUDAN.

    (a) Assistance for International Malaria Control Act.--Section 501 
of the Assistance for International Malaria Control Act (Public Law 
106-570; 50 U.S.C. 1701 note) is repealed.
    (b) Comprehensive Peace in Sudan Act.--Section 7 of the 
Comprehensive Peace in Sudan Act of 2004 (Public Law 108-497; 50 U.S.C. 
1701 note) is repealed.
    (c) Authorized Assistance.--If the President has not made a 
certification under section 12(a)(3) of the Sudan Peace Act (50 U.S.C. 
1701 note) regarding the noncompliance of the SPLM/A or the Government 
of Southern Sudan with the Comprehensive Peace Agreement for Sudan, the 
President may provide the following types of assistance:
            (1) Economic assistance.--
                    (A) In general.--Notwithstanding any other 
                provision of law, the President is authorized to 
                provide economic assistance for Southern Sudan, 
                Southern Kordofan/Nuba Mountains State, Blue Nile 
                State, and Abyei, including for emergency relief to 
                promote economic self-sufficiency, build civil 
                authority, provide education, enhance rule of law and 
                the development of judicial and legal frameworks, 
                support people to people reconciliation efforts, or to 
                implement any nonmilitary program in support of any 
                viable peace agreement in Sudan, including the 
                Comprehensive Peace Agreement for Sudan.
                    (B) Congressional notification.--Assistance may not 
                be obligated under this subsection until 15 days after 
                the date on which the President notifies the 
                congressional committees specified in section 634A of 
                the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1) 
                of such obligation in accordance with the procedures 
                applicable to reprogramming notifications under such 
                section.
            (2) Military assistance.--
                    (A) In general.--Notwithstanding any other 
                provision of law, for each of fiscal years 2006, 2007, 
                and 2008, the President may authorize the export to the 
                Government of Southern Sudan for the purpose of 
                constituting a professional military force--
                            (i) non-lethal military equipment 
                        controlled under the International Traffic in 
                        Arms Regulations (22 C.F.R. 120.1 et seq.) if 
                        the President--
                                    (I) determines that the export of 
                                such items is in the national security 
                                interest of the United States; and
                                    (II) not later than 15 days before 
                                the export of any such items, notifies 
                                the Committee on Foreign Relations of 
                                the Senate and the Committee on 
                                International Relations of the House of 
                                Representatives of such determination.
                            (ii) lethal military equipment controlled 
                        under categories I, II, and III of the United 
                        States Munitions List (22 C.F.R. 121.1 et seq.) 
                        if the President--
                                    (I) determines that the export of 
                                such equipment is vital to the national 
                                security interests of the United 
                                States; and
                                    (II) in accordance with the 
                                procedures set forth in section 
                                614(a)(3) of the Foreign Assistance Act 
                                of 1961 (22 U.S.C. 2364(a)(3)), 
                                notifies the Committee on Foreign 
                                Relations of the Senate and the 
                                Committee on International Relations of 
                                the House of Representatives of such 
                                determination.
            (3) End use assurances.--For each item exported pursuant to 
        paragraph (1) or (2), the President shall include with the 
        notification to Congress under clauses (i)(II) and (ii)(II) of 
        paragraph (2)--
                    (A) an identification of the end users to which the 
                export is being made;
                    (B) the dollar value of the items being exported;
                    (C) a description of the items being exported; 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 exported 
                        under this subsection.
            (4) Waiver authority.--Section 40A(b) of the Arms Export 
        Control Act (22 U.S.C. 2781(b)) shall not apply to assistance 
        furnished under paragraph (2).
    (d) Exception to Prohibitions in Executive Order Number 13067.--
Notwithstanding any other provision of law, the prohibitions set forth 
with respect to Sudan in Executive Order No. 13067 (62 Fed. Reg. 59989) 
shall not apply to activities or related transactions with respect to 
Southern Sudan, Southern Kordofan/Nuba Mountains State, Blue Nile 
State, or Abyei.

SEC. 9. REPORTING REQUIREMENTS.

    Section 8 of the Sudan Peace Act (Public Law 107-245; 50 U.S.C. 
1701 note) is amended--
            (1) by redesignating subsection (c) as subsection (g); and
            (2) by inserting after subsection (b) the following:
    ``(c) Report on African Union Mission in Sudan.--In conjunction 
with the other reports required under this section, the Secretary of 
State, in consultation with all relevant Federal departments and 
agencies, shall prepare and submit a report, to the appropriate 
congressional committees, regarding--
            ``(1) a detailed description of all United States 
        assistance provided to the African Union Mission in Sudan 
        (referred to in this subsection as `AMIS') since the 
        establishment of AMIS, reported by fiscal year and the type and 
        purpose of such assistance; and
            ``(2) the level of other international assistance provided 
        to AMIS, including assistance from countries, regional and 
        international organizations, such as the North Atlantic Treaty 
        Organization, the European Union, the Arab League, and the 
        United Nations, reported by fiscal year and the type and 
        purpose of such assistance, to the extent possible.
    ``(d) Report on Sanctions in Support of Peace in Darfur.--In 
conjunction with the other reports required under this section, the 
Secretary of State shall submit a report to the appropriate 
congressional committees regarding sanctions imposed under section 6 of 
the Comprehensive Peace in Sudan Act of 2004, including--
            ``(1) a description of each sanction imposed under such 
        provision of law; and
            ``(2) the name of the individual or entity subject to the 
        sanction, if applicable.
    ``(e) Report on United States Military Assistance.--In conjunction 
with the other reports required under this section, the Secretary of 
State shall submit a report to the appropriate congressional committees 
describing the effectiveness of any assistance provided under section 8 
of the Darfur Peace and Accountability Act of 2006, including--
            ``(1) a detailed annex on any military assistance provided 
        in the period covered by this report;
            ``(2) the results of any review or other monitoring 
        conducted by the Federal Government with respect to assistance 
        provided under that Act; and
            ``(3) any unauthorized retransfer or use of military 
        assistance furnished by the United States.''.
                                                       Calendar No. 604

109th CONGRESS

  2d Session

                                S. 3884

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 12, 2006

            Read the second time and placed on the calendar