Text: H.R.3127 — 109th Congress (2005-2006)All Bill Information (Except Text)

10/13/2006 Became Public Law No: 109-344

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[Congressional Bills 109th Congress]
[From the U.S. Government Printing Office]
[H.R. 3127 Enrolled Bill (ENR)]


        H.R.3127

                       One Hundred Ninth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the third day of January, two thousand and six


                                 An Act


 
 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 by Minni Minnawi, leader of the Sudan Liberation 
    Movement/Army Faction, 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 tasked with supporting the implementation of the 
    Comprehensive Peace Agreement for Sudan and to ``closely and 
    continuously liaise and coordinate at all levels with the African 
    Union Mission in Sudan (AMIS)'', which had been established by the 
    African Union on May 24, 2004, to monitor the implementation of the 
    N'Djamena Humanitarian Ceasefire Agreement, signed on April 8, 
    2004, ``with a view towards 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 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.
        (11) 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.
        (12) 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.
        (13) On March 10, 2006, the African Union Peace and Security 
    Council extended the mandate of AMIS, which had reached a force 
    size of 7,000, to September 30, 2006, while simultaneously 
    endorsing the transition of AMIS to a United Nations peacekeeping 
    operation and setting April 30, 2006 as the deadline for reaching 
    an agreement to resolve the crisis in Darfur.
        (14) 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.
        (15) 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.''.
        (16) 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 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 Sudan Liberation Army, and the Field Commander 
    of the National Movement for Reform and Development.
        (17) 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, led 
    by Minni Minnawi, signed the Darfur Peace Agreement, which 
    addresses security, power sharing, and wealth sharing issues 
    between the parties.
        (18) In August 2006, the Sudanese government began to amass 
    military forces and equipment in the Darfur region in contravention 
    of the Darfur Peace Agreement to which they are signatories in what 
    appears to be preliminary to full scale war.
        (19) On August 30, 2006, the United Nations Security Council 
    passed Security Council Resolution 1706 (2006), without dissent and 
    with abstentions by China, Russian Federation, and Qatar, thereby 
    asserting that the existing United Nations Mission in Sudan ``shall 
    take over from AMIS responsibility for supporting the 
    implementation of the Darfur Peace Agreement upon the expiration of 
    AMIS' mandate but in any event no later than 31 December 2006'', 
    and that UNMIS ``shall be strengthened by up to 17,300 military 
    personnel . . . 3,300 civilian police personnel and up to 16 Formed 
    Police Units'', which ``shall begin to be deployed [to Darfur] no 
    later than 1 October 2006''.
        (20) 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.
        (21) Since 1993, the Secretary of State has determined, 
    pursuant to section 6(j) of the Export Administration Act of 1979 
    (50 App. U.S.C. 2405(j)), that Sudan is a country, the government 
    of which has repeatedly provided support for acts of international 
    terrorism, thereby restricting United States 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) 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 immediately make all necessary 
    preparations for an orderly transition to a United Nations 
    peacekeeping operation, which will maintain an appropriate level of 
    African participation, with a mandate to protect civilians and 
    humanitarian operations, assist in the implementation of the Darfur 
    Peace Agreement, and deter violence in the Darfur region;
        (4) the international community, including the United States 
    and the European Union, should 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 President should direct the United States Permanent 
    Representative to the United Nations to use the voice, vote, and 
    influence of the United States to urge the adoption of a resolution 
    by the United Nations Security Council that--
            (A) extends the military embargo established by United 
        Nations Security Resolutions 1556 (2004) and 1591 (2005) to 
        include a total ban on the sale or supply of offensive military 
        equipment to the Government of Sudan, except for use in an 
        internationally recognized demobilization program or for 
        nonlethal assistance necessary to carry out elements of the 
        Comprehensive Peace Agreement for Sudan or the Darfur Peace 
        Agreement; and
            (B) calls upon those member states of the United Nations 
        that continue to undermine efforts to foster peace in Sudan by 
        providing military assistance to the Government of Sudan, 
        government supported militias, or any rebel group operating in 
        Darfur in violation of the embargo on such assistance and 
        equipment, as called for in United Nations Security Council 
        Resolutions 1556 (2004) and 1591 (2005), to immediately cease 
        and desist.
        (9) the United States should not provide 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, the Transitional Darfur Regional Authority, and 
    marginalized areas in Northern Sudan (including the Nuba Mountains, 
    Southern Blue Nile, Abyei, Eastern Sudan (Beja), Darfur, and 
    Nubia), or for humanitarian purposes in Sudan, until the Government 
    of Sudan has honored pledges to cease attacks upon civilians, 
    demobilize and demilitarize the Janjaweed and associated 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 5 years for the 
    purpose of contributing professional skills needed for the 
    reconstruction of Southern Sudan;
        (11) the Presidential Special Envoy for Sudan should be 
    provided with appropriate resources and a clear mandate to--
            (A) provide stewardship of efforts to 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;
        (12) the international community should strongly condemn 
    attacks against humanitarian workers and African Union personnel, 
    and the forcible recruitment of refugees and internally displaced 
    persons from camps in Chad and Sudan, and demand that all armed 
    groups in the region, including the forces of the Government of 
    Sudan, the Janjaweed, associated militias, the Sudan Liberation 
    Movement/Army, the Justice and Equality Movement, the National 
    Movement for Reform and Development (NMRD), and all other armed 
    groups refrain from such activities;
        (13) the United States should fully support the Comprehensive 
    Peace Agreement for Sudan and the Darfur Peace Agreement and urge 
    rapid implementation of their terms;
        (14) the May 5, 2006 signing of the Darfur Peace Agreement 
    between the Government of Sudan and the Sudan Liberation Movement 
    was a positive development in a situation that has seen little 
    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
        (15) the new leadership of the Sudan People's Liberation 
    Movement (referred to in this paragraph as ``SPLM'') should--
            (A) seek to transform SPLM into an 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 Janjaweed Commanders and Coordinators or 
Other Individuals.--It is the sense of Congress, that the President 
should immediately impose the sanctions described in section 6(c) of 
the Comprehensive Peace in Sudan Act of 2004, as added by subsection 
(a), against any individual, including the Janjaweed commanders and 
coordinators, identified 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''.

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 (or subsequent 
        United Nations peacekeeping operation), and not to use or to 
        permit the use of such assistance for any purposes other than 
        those for which such 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 
    subsequent United Nations peacekeeping operation), or agrees to 
    permit the use of such assistance for any purposes other than those 
    for which such assistance was furnished, the President shall 
    immediately notify the Committee on Foreign Relations of the Senate 
    and the Committee on International Relations of the House of 
    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)(1) or 8(a)(1) of the War Powers Resolution (Public Law 93-
148; 50 U.S.C. 1544(b), 1546(a)(1)).
    (e) Denial of Entry at United States Ports to Certain Cargo Ships 
or Oil Tankers.--
        (1) In general.--The President should take all necessary and 
    appropriate steps to deny the 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--
            (A) an internationally-recognized demobilization program;
            (B) the shipment of non-lethal assistance necessary to 
        carry out elements of the Comprehensive Peace Agreement for 
        Sudan or the Darfur Peace Agreement; or
            (C) the shipment of military assistance necessary to carry 
        out elements of an agreement referred to in subparagraph (B) if 
        the President has made the determination set forth in section 
        8(c)(2).
    (f) Prohibition on Assistance to Countries in Violation of United 
Nations Security Council 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 No. 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) Economic Assistance.--
        (1) 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, Abyei, Darfur, and marginalized areas in and around 
    Khartoum, in an effort to provide emergency relief, to promote 
    economic self-sufficiency, to build civil authority, to provide 
    education, to enhance rule of law and the development of judicial 
    and legal frameworks, and to 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 and the Darfur Peace 
    Agreement.
        (2) Congressional notification.--Assistance may not be 
    obligated under this subsection until 15 days after the date on 
    which the Secretary of State notifies the congressional committees 
    specified in 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.
    (d) Authorized Military Assistance.--
        (1) In general.--If the President has not made a certification 
    under section 12(a)(3) of the Sudan Peace Act (50 U.S.C. 1701 note) 
    regarding the noncompliance of the SPLM/A or the Government of 
    Southern Sudan with the Comprehensive Peace Agreement for Sudan, 
    the President, notwithstanding any other provision of law, may 
    authorize, for each of fiscal years 2006, 2007, and 2008, the 
    provision of the following assistance to the Government of Southern 
    Sudan for the purpose of constituting a professional military 
    force--
            (A) non-lethal military equipment and related defense 
        services, including training, controlled under the 
        International Traffic in Arms Regulations (22 C.F.R. 120.1 et 
        seq.) if the President--
                (i) determines that the provision of such items is in 
            the national security interest of the United States; and
                (ii) not later than 15 days before the provision of any 
            such items, notifies the Committee on Foreign Relations of 
            the Senate and the Committee on International Relations of 
            the House of Representatives of such determination; and
            (B) small arms and ammunition under categories I and III of 
        the United States Munitions List (22 C.F.R. 121.1 et seq.) if 
        the President--
                (i) determines that the provision of such equipment is 
            essential to the national security interests of the United 
            States; and
                (ii) consistent with the procedures set forth in 
            section 614(a)(3) of the Foreign 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.
        (2) End use assurances.--For each item exported pursuant to 
    this subsection or subsection (c), the President shall include with 
    the notification to Congress under subparagraphs (A)(ii) and 
    (B)(ii) of paragraph (1)--
            (A) an identification of the end users to which the 
        provision of assistance is being made;
            (B) the dollar value of the items being provided;
            (C) a description of the items being provided; and
            (D) a description of the end use verification procedures 
        that will be applied to such items, including--
                (i) any special assurances obtained from the Government 
            of Southern Sudan or other authorized end users regarding 
            such equipment; and
                (ii) the end use or retransfer controls that will be 
            applied to any items provided under this subsection.
        (3) Waiver authority.--Section 40 of the Arms Export Control 
    Act (22 U.S.C. 2780) shall not apply to assistance provided under 
    paragraph (1).
    (e) Exception to Prohibitions in Executive Order Number 13067.--
Notwithstanding any other 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, Abyei, Darfur, or marginalized areas in and around Khartoum.

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.--Until such time as 
AMIS concludes its mission in Darfur, 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;
        ``(2) the name of the individual or entity subject to the 
    sanction, if applicable; and
        ``(3) whether or not such individual has been identified by the 
    United Nations panel of experts.
    ``(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.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.