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

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Public Law No: 109-344 (10/13/2006)

 
[109th Congress Public Law 344]
[From the U.S. Government Printing Office]


[DOCID: f:publ344.109]

[[Page 120 STAT. 1869]]

Public Law 109-344
109th Congress

                                 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. <<NOTE: Oct. 13, 2006 -  [H.R. 3127]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Darfur Peace and 
Accountability Act of 2006. 50 USC 1701 note.>> 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. <<NOTE: 50 USC 1701 note.>> 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

[[Page 120 STAT. 1870]]

                          (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. <<NOTE: 50 USC 1701 note.>> 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

[[Page 120 STAT. 1871]]

        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.

[[Page 120 STAT. 1872]]

            (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

[[Page 120 STAT. 1873]]

        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. <<NOTE: 50 USC 1701 note.>> 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

[[Page 120 STAT. 1874]]

        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;

[[Page 120 STAT. 1875]]

                    (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. <<NOTE: 50 USC 1701 note.>> 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 <<NOTE: Effective 
        date.>> 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


[[Page 120 STAT. 1876]]

        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 <<NOTE: Effective 
        date.>> 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. <<NOTE: 50 USC 1701 note.>> 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

[[Page 120 STAT. 1877]]

                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).

[[Page 120 STAT. 1878]]

    (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. <<NOTE: 50 USC 1701 note.>> 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.

[[Page 120 STAT. 1879]]

SEC. 8. <<NOTE: 50 USC 1701 note.>> 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 <<NOTE: Effective date.>> 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

[[Page 120 STAT. 1880]]

                      (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 <<NOTE: President.>> 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. <<NOTE: 50 USC 1701 note.>> 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--

[[Page 120 STAT. 1881]]

            ``(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.''.

    Approved October 13, 2006.

LEGISLATIVE HISTORY--H.R. 3127 (S. 1462) (S. 3884):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 109-392, Pt. 1 (Comm. on International Relations) and
Pt. 2 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 152 (2006):
            Apr. 5, considered and passed House.
            Sept. 21, considered and passed Senate, amended.
            Sept. 25, House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
            Oct. 13, Presidential statement.

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