[Congressional Record (Bound Edition), Volume 151 (2005), Part 20]
[Senate]
[Pages 27353-27357]
[From the U.S. Government Publishing Office, www.gpo.gov]




              DARFUR PEACE AND ACCOUNTABILITY ACT OF 2005

  Mr. McCONNELL. Mr. President, I ask unanimous consent the Committee 
on Foreign Relations be discharged from further consideration of S. 
1462 and the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1462) to promote peace and accountability in 
     Sudan, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. CORZINE. Mr. President, today the Senate has passed the 
bipartisan Darfur Peace and Accountability Act introduced by my 
colleague, Senator Brownback, and myself. This legislation is a 
critical step in finally stopping the genocide raging in Darfur and 
bringing lasting peace to the region.
  It has been 15 months since the Congress declared the atrocities in 
Darfur to be genocide, and over a year since the administration made 
the same declaration. Yet far too little has been done to live up to 
our moral obligation to actually save lives. Fellow human beings are 
being mercilessly slaughtered. We have the capacity to protect them. If 
we do not, history will forever condemn our failure. That is what this 
bill is about.
  This is the second time a version of this bill has passed the Senate. 
In April, the bill was included as an amendment to the emergency 
supplement appropriations bill but was stripped out in conference. This 
time, however, I am hopeful that the bill will be passed into law. A 
dedicated, bipartisan group of House members, including Congressman 
Payne, have pushed this legislation. Through their efforts and with the 
support of leadership, we can pass this bill.
  That's when the work will really begin. This legislation outlines the 
policies and provides the authorities necessary to stop the genocide.
  First, the bill recognizes that boots on the ground are needed to 
provide security. It calls for the rapid expansion of the size and 
mandate of African Union, AU, forces in Darfur. We must, however, 
provide actual resources to the AU for it to be effective. Just a few 
weeks ago, a Senate amendment to the Foreign Operations appropriations 
bill for $50 million was removed in conference, leaving the AU with an 
ever-increasing shortfall at precisely the worst moment. By passing 
this legislation, the Senate has once again stressed the need for 
greater U.S. assistance to the AU. The administration must now follow 
up by requesting significant funding for the AU in its next 
supplemental request.
  While we must provide all necessary resources to the AU, we should 
also recognize its limitations. This bill identifies specific areas 
where NATO should provide assistance, including training, logistics, 
command and control, and intelligence.
  The message is clear: the AU's failure will be ours. And, as the 
genocide continues to unfold, there will be only one question. Were all 
available resources expended to stop it?
  Second, the bill insists that the United States work to impose 
sanctions currently available under existing U.N. Security Council 
resolutions and seek to pass a new, more effective resolution. The U.N. 
must impose the targeted sanctions promised under previous resolutions. 
And it must extend the arms embargo to include all of Sudan and thus 
truly ensure that weapons do not end up in Darfur.
  The bill grants the President the authority to impose real 
sanctions--blocking of assets and denial of visas--to those responsible 
for genocide, war crimes and crimes against humanity, and requires that 
he report to Congress any waiver of those sanctions. Individual 
accountability changes behavior. This is a powerful tool, and I am 
hopeful that the President will use it to its fullest.
  This bill has other critical provisions. It denies entry to our ports 
to ships working with Sudan's oil sector. It prohibits assistance to 
countries violating the arms embargo. And it calls for a Presidential 
envoy to bring the full weight of this administration to bear on 
stopping the genocide and resolving the crisis engulfing Sudan and the 
region.
  Darfur must be a priority. The United States has faced resistance to 
multilateral sanctions against Sudan. But the answer is not to give up. 
The issue should be raised in bilateral and multilateral settings. 
Countries that do business with Sudan and seek to shield the government 
from sanctions need to understand that we are absolutely committed to 
stopping genocide and that our bilateral relations are at stake.
  There is no time to lose. The situation in Darfur is deteriorating by 
the day. AU troops have been attacked, held hostage and killed. IDP 
camps have been overrun in recent weeks and dozens have been 
slaughtered. Hundreds of thousands of internally displaced persons can 
no longer be reached by humanitarian organizations. The conflict has 
spread into Chad, which already is straining to support 200,000 Darfur 
refugees. We are looking at the complete meltdown of the region. What 
positive efforts have been made in the last year and a half, the 
incredible work of NGOs, the important efforts of a couple thousand AU 
troops in a region the size of Texas, could soon be reversed.
  I am grateful to my colleagues on both sides of the aisle who have 
supported this bill and have joined me in demanding that we end this 
genocide. I must also recognize the incredible efforts of civic and 
student groups, people of faith of all religions and denominations, and 
Americans from all over the country and from all walks of life who have 
come together on this issue.
  I have visited the IDP camps of Darfur and camps for Darfur refugees 
in Chad. But in our time, when news of human misery crosses the globe 
in an instant, none of us can pretend that we don't see. That is why so 
many of our citizens have risen up and demanded action, not just words.
  The American people understand what Elie Wiesel said about Darfur 
well over a year ago. He asked:

  How can a citizen of a free country not pay attention? How can 
anyone, anywhere not feel outraged? How can a person, whether religious 
or secular, not be moved by compassion? And above all, how can anyone 
who remembers remain silent?

  Elie Wiesel was referring of course to the memory of the Holocaust 
from which the moral imperative of our day was borne: ``never again.'' 
Never again will we stand by. Never again will we forget our common 
humanity. Never again will we turn away.
  Mr. McCONNELL. I ask unanimous consent that the Brownback amendment 
at the desk be agreed to, the bill as amended be read a third time and 
passed, the motion to reconsider be laid upon the table, and any 
statements relating to the measure be printed in the Record.

[[Page 27354]]

  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 2674) was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The bill (S. 1462), as amended, was read the third time and passed, 
as follows:

                                S. 1462

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Darfur Peace and 
     Accountability Act of 2005''.

     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, 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 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 and 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 
     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 the people of Sudan to the Comprehensive 
     Peace Agreement for 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 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 the African Union Mission in Sudan (AMIS) is 
     increasing;
       (3) the African Union should rapidly expand the size and 
     amend the mandate of the African Union Mission in Sudan 
     (AMIS) to authorize such action as may be necessary to 
     protect civilians and humanitarian operations, and deter 
     violence in the Darfur region without delay;
       (4) 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;
       (5) 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;
       (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 the Janjaweed and associated militias, 
     grant free and unfettered access for deliveries of 
     humanitarian assistance in the Darfur region, and allow for 
     safe, unimpeded, and voluntary return of refugees and 
     internally displaced persons;
       (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 
     (March 29, 2005);
       (8) the United States should not provide assistance to the 
     Government of Sudan, other

[[Page 27355]]

     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 the Janjaweed and associated militias, 
     grant free and unfettered access for deliveries of 
     humanitarian assistance in the Darfur region, and allow for 
     safe, unimpeded, 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 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;
       (11) in order 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 United States Government;
       (12) 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 to 
     refrain from such attacks;
       (13) the United States should fully support the 
     Comprehensive Peace Agreement for Sudan and urge rapid 
     implementation of its terms; and
       (14) the new leadership of the Sudan People's Liberation 
     Movement (SPLM) should--
       (A) seek to transform the SPLM into an inclusive, 
     transparent, and democratic political 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 potential 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 2005, 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 2005, 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--
       ``(1) the President determines that such a waiver is in the 
     national interest of the United States; and
       ``(2) prior to exercising the waiver, the President 
     transmits to the appropriate congressional committees a 
     notification of the waiver that 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 former United States Ambassador-
     at-Large for War Crimes before the Subcommittee on Africa of 
     the Committee on International Relations of the House of 
     Representatives 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 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 which--
       (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;

[[Page 27356]]

       (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;
       (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; and
       (6) acting under Article 5 of the Charter of the United 
     Nations, calls 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 the 
     Janjaweed and associated militias, grant free and unfettered 
     access for deliveries of humanitarian assistance in the 
     Darfur region, and allow for safe, unimpeded, and voluntary 
     return of refugees and internally displaced persons.

     SEC. 8. CONTINUATION OF RESTRICTIONS.

       Restrictions against the Government of Sudan that were 
     imposed or are otherwise applicable 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, 2005 (division D of Public Law 108-447), 
     or any other similar provision of law, should remain in 
     effect and should 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--
       (1) to peacefully resolve the crisis in the Darfur region 
     of Sudan;
       (2) to disarm, demobilize, and demilitarize the Janjaweed 
     and all government-allied militias;
       (3) to adhere to United Nations Security Council 
     Resolutions 1556 (2004), 1564 (2004), 1591 (2005), and 1593 
     (2005);
       (4) to negotiate a peaceful resolution to the crisis in 
     eastern Sudan;
       (5) to fully cooperate with efforts to disarm, demobilize, 
     and deny safe haven to members of the Lords Resistance Army; 
     and
       (6) to 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.

     SEC. 9. ASSISTANCE EFFORTS IN SUDAN.

       (a) Additional Authorities.--Section 501(a) of the 
     Assistance for International Malaria Control Act (Public Law 
     106-570; 114 Stat. 350; 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 before the period at the end the 
     following: ``, including the Comprehensive Peace Agreement 
     for Sudan''; and
       (5) by adding at the end the following new paragraph:
       ``(2) Congressional notification.--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) Exception to Prohibitions in Executive Order No. 
     13067.--Subsection (b) of such section is amended--
       (1) in the heading, by striking ``Export Prohibitions'' and 
     inserting ``Prohibitions in Executive Order No. 13067'';
       (2) by striking ``shall not'' and inserting ``should not'';
       (3) 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
       (4) 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 thereafter, 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 redesignated) 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 thereafter, 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.''.
       (c) Report on Individuals Identified by the United Nations 
     in Connection With Genocide, War Crimes, and Crimes Against 
     Humanity or Other Violations of International Humanitarian 
     Law in Darfur.--Section 8 of the Sudan Peace Act (Public Law 
     107-245; 50 U.S.C. 1701 note), as amended by subsections (a) 
     and (b), is further amended--
       (1) by redesignating subsection (e) (as redesignated) as 
     subsection (f); and
       (2) by inserting after subsection (d) the following new 
     subsection:
       ``(e) Report on Individuals Identified by the United 
     Nations in Connection With Genocide, War Crimes, and Crimes 
     Against Humanity or Other Violations of International 
     Humanitarian Law in Darfur.--Not later than 30 days after the 
     date on which the United States has access to any of the 
     names of the individuals identified by the International 
     Commission of Inquiry on Darfur (established pursuant to 
     United Nations Security Council Resolution 1564 (2004)), or 
     the names of the individuals designated by the Committee of 
     the United Nations Security Council (established pursuant to 
     United Nations Security Council Resolution 1591 (2005)), the 
     Secretary of State shall submit to the appropriate 
     congressional committees a report containing an assessment as 
     to whether such individuals may be

[[Page 27357]]

     subject to sanctions under section 6 of the Comprehensive 
     Peace in Sudan Act of 2004 (as amended by the Darfur Peace 
     and Accountability Act of 2005) and the reasons for such 
     determination.''.

  Mr. McCONNELL. Mr. President, I suggest we are getting pretty good at 
this.
  The PRESIDING OFFICER. The Chair agrees.

                          ____________________