Darfur Peace and Accountability Act of 2006 - Sets forth the sense of Congress with respect to the situation in Darfur, Sudan, including the sense of Congress that the atrocities unfolding in Darfur are genocide, and the need for U.S. and international involvement in Darfur.
Amends the Comprehensive Peace in Sudan Act of 2004 to direct the President, with waiver authority upon congressional notification, to block the assets and deny visas and entry to any individual complicit in or responsible for acts of genocide, war crimes, or crimes against humanity in Darfur, including certain family members or associates of such individual.
Authorizes the President to provide assistance to reinforce an expanded African Union Mission in Sudan (AMIS).
States that the President should take steps to deny the government of Sudan access to oil revenues, including prohibiting U.S. port entry to cargo ships or oil tankers engaged in trade activities in Sudan's oil sector or involved in the shipment of goods for the Armed Forces of Sudan until the government of Sudan has honored its commitments to cease attacks on civilians, demobilize and demilitarize the Janjaweed and associated militias, grant access for humanitarian assistance, and allow for the safe and voluntary return of refugees and internally displaced persons.
Exempts from such prohibition cargo ships or oil tankers involved in: (1) an internationally recognized demobilization program or the shipment of economic assistance; or (2) the shipment of certain military assistance.
Prohibits, with national interest waiver authority, U.S. assistance to a country in violation of U.N. Security Council Resolutions 1556 and 1591 (embargo on military assistance to Sudan).
States that certain restrictions against the government of Sudan shall remain in place until the President makes specified certifications to the appropriate congressional committees regarding the government of Sudan.Amends the Assistance for International Malaria Control Act to repeal provisions authorizing the President to provide additional assistance to, and exempting prohibitions on exports from, areas outside the control of the government of Sudan.
Amends the Comprehensive Peace in Sudan Act of 2004 to repeal the provision authorizing the President to provide additional nonmilitary assistance to areas outside the control of the government of Sudan.
Authorizes the President, subject to congressional notification by the Secretary of State, to provide economic assistance for Southern Sudan, Southern Kordofan/Nuba Mountains State, Blue Nile State, and Abyei.
Authorizes the President to provide specified military assistance to the government of Sudan.
Waives prohibitions concerning Sudan in Executive Order No. 13067 regarding activities with respect to Southern Sudan, Southern Kordofan/Nuba Mountains State, Blue Nile State, and Abyei.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3884 Placed on Calendar Senate (PCS)]
Calendar No. 604
109th CONGRESS
2d Session
S. 3884
To impose sanctions against individuals responsible for genocide, war
crimes, and crimes against humanity, to support measures for the
protection of civilians and humanitarian operations, and to support
peace efforts in the Darfur region of Sudan, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 11, 2006
Mr. Lugar (for himself and Mr. Martinez) introduced the following bill;
which was read the first time
September 12, 2006
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
To impose sanctions against individuals responsible for genocide, war
crimes, and crimes against humanity, to support measures for the
protection of civilians and humanitarian operations, and to support
peace efforts in the Darfur region of Sudan, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Darfur Peace and
Accountability Act of 2006''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings.
Sec. 4. Sense of Congress.
Sec. 5. Sanctions in support of peace in Darfur.
Sec. 6. Additional authorities to deter and suppress genocide in
Darfur.
Sec. 7. Continuation of restrictions.
Sec. 8. Assistance efforts in Sudan.
Sec. 9. Reporting requirements.
SEC. 2. DEFINITIONS.
In this Act:
(1) AMIS.--The term ``AMIS'' means the African Union
Mission in Sudan.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives.
(3) Comprehensive peace agreement for sudan.--The term
``Comprehensive Peace Agreement for Sudan'' means the peace
agreement signed by the Government of Sudan and the SPLM/A in
Nairobi, Kenya, on January 9, 2005.
(4) Darfur peace agreement.--The term ``Darfur Peace
Agreement'' means the peace agreement signed by the Government
of Sudan and the Sudan Liberation Movement/Army in Abuja,
Nigeria, on May 5, 2006.
(5) Government of sudan.--The term ``Government of
Sudan''--
(A) means--
(i) the government in Khartoum, Sudan,
which is led by the National Congress Party
(formerly known as the National Islamic Front);
or
(ii) any successor government formed on or
after the date of the enactment of this Act
(including the coalition National Unity
Government agreed upon in the Comprehensive
Peace Agreement for Sudan); and
(B) does not include the regional government of
Southern Sudan.
(6) Officials of the government of sudan.--The term
``official of the Government of Sudan'' does not include any
individual--
(A) who was not a member of such government before
July 1, 2005; or
(B) who is a member of the regional government of
Southern Sudan.
(7) SPLM/A.--The term ``SPLM/A'' means the Sudan People's
Liberation Movement/Army.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) On July 23, 2004, Congress declared, ``the atrocities
unfolding in Darfur, Sudan, are genocide''.
(2) On September 9, 2004, Secretary of State Colin L.
Powell stated before the Committee on Foreign Relations of the
Senate, ``genocide has occurred and may still be occurring in
Darfur'', and ``the Government of Sudan and the Janjaweed bear
responsibility''.
(3) On September 21, 2004, in an address before the United
Nations General Assembly, President George W. Bush affirmed the
Secretary of State's finding and stated, ``[a]t this hour, the
world is witnessing terrible suffering and horrible crimes in
the Darfur region of Sudan, crimes my government has concluded
are genocide''.
(4) On July 30, 2004, the United Nations Security Council
passed Security Council Resolution 1556 (2004), calling upon
the Government of Sudan to disarm the Janjaweed militias and to
apprehend and bring to justice Janjaweed leaders and their
associates who have incited and carried out violations of human
rights and international humanitarian law, and establishing a
ban on the sale or supply of arms and related materiel of all
types, including the provision of related technical training or
assistance, to all nongovernmental entities and individuals,
including the Janjaweed.
(5) On September 18, 2004, the United Nations Security
Council passed Security Council Resolution 1564 (2004),
determining that the Government of Sudan had failed to meet its
obligations under Security Council Resolution 1556 (2004),
calling for a military flight ban in and over the Darfur
region, demanding the names of Janjaweed militiamen disarmed
and arrested for verification, establishing an International
Commission of Inquiry on Darfur to investigate violations of
international humanitarian and human rights laws, and
threatening sanctions should the Government of Sudan fail to
fully comply with Security Council Resolutions 1556 (2004) and
1564 (2004), including such actions as to affect Sudan's
petroleum sector or individual members of the Government of
Sudan.
(6) The Report of the International Commission of Inquiry
on Darfur, submitted to the United Nations Secretary-General on
January 25, 2005, established that the ``Government of the
Sudan and the Janjaweed are responsible for serious violations
of international human rights and humanitarian law amounting to
crimes under international law,'' that ``these acts were
conducted on a widespread and systematic basis, and therefore
may amount to crimes against humanity,'' and that officials of
the Government of Sudan and other individuals may have acted
with ``genocidal intent''.
(7) On March 24, 2005, the United Nations Security Council
passed Security Council Resolution 1590 (2005), establishing
the United Nations Mission in Sudan (referred to in this
section as the ``UNMIS''), consisting of up to 10,000 military
personnel and 715 civilian police, to support implementation of
the Comprehensive Peace Agreement for Sudan and ``closely and
continuously liaise and coordinate at all levels with AMIS with
a view towards expeditiously reinforcing the effort to foster
peace in Darfur''.
(8) On March 29, 2005, the United Nations Security Council
passed Security Council Resolution 1591 (2005), extending the
military embargo established by Security Council Resolution
1556 (2004) to all the parties to the N'Djamena Ceasefire
Agreement of April 8, 2004, and any other belligerents in the
states of North Darfur, South Darfur, and West Darfur, calling
for an asset freeze and travel ban against those individuals
who impede the peace process, constitute a threat to stability
in Darfur and the region, commit violations of international
humanitarian or human rights law or other atrocities, are
responsible for offensive military overflights, or violate the
military embargo, and establishing a Committee of the Security
Council and a panel of experts to assist in monitoring
compliance with Security Council Resolutions 1556 (2004) and
1591 (2005).
(9) On March 31, 2005, the United Nations Security Council
passed Security Council Resolution 1593 (2005), referring the
situation in Darfur since July 1, 2002, to the prosecutor of
the International Criminal Court and calling on the Government
of Sudan and all parties to the conflict to cooperate fully
with the Court.
(10) On May 25, 2004, the African Union agreed to establish
the African Union Mission in Sudan (referred to in this Act as
the ``AMIS'') to monitor the April 2004 N'Djamena Humanitarian
Ceasefire Agreement between the parties in conflict in the
Darfur region of Sudan and provide necessary protection of such
observer force.
(11) On July 30, 2005, Dr. John Garang de Mabior, the newly
appointed Vice President of Sudan and the leader of the SPLM/A
for the past 21 years, was killed in a tragic helicopter crash
in Southern Sudan, sparking riots in Khartoum and challenging
the commitment of all Sudanese to the Comprehensive Peace
Agreement for Sudan.
(12) On January 12, 2006, the African Union Peace and
Security Council issued a communique endorsing, in principle, a
transition from AMIS to a United Nations peacekeeping operation
and requested the Chairperson of the Council to initiate
consultations with the United Nations and other stakeholders
toward this end.
(13) On February 3, 2006, the United Nations Security
Council issued a Presidential Statement authorizing the
initiation of contingency planning for a transition from AMIS
to a United Nations peacekeeping operation.
(14) On March 10, 2006, the African Union Peace and
Security Council extended the mandate of AMIS, which had
reached a force size of 7,000, to September 30, 2006, while
simultaneously endorsing the transition of AMIS to a United
Nations peacekeeping operation and setting April 30, 2006 as
the deadline for reaching an agreement to resolve the crisis in
Darfur.
(15) On March 24, 2006, the United Nations Security Council
passed Security Council Resolution 1663 (2006), which--
(A) welcomes the African Peace and Security
Council's March 10, 2006, communique; and
(B) requests that the United Nations Secretary-
General, jointly with the African Union and in
consultation with the parties to the Abuja Peace Talks,
expedite planning for the transition of AMIS to a
United Nations peacekeeping operation.
(16) On March 29, 2006, during a speech at Freedom House,
President Bush called for a transition to a United Nations
peacekeeping operation and ``additional forces with a NATO
overlay . . . to provide logistical and command-and-control and
airlift capacity, but also to send a clear signal to parties
involved that the west is determined to help effect a
settlement.''.
(17) On April 25, 2006, the United Nations Security Council
passed Security Council Resolution 1672 (2006), unanimously
imposing targeted financial sanctions and travel restrictions
on 4 individuals who had been identified in a list of 51
submitted to the United Nations Security Council by a United
Nations panel of experts established pursuant to Security
Council Resolution 1591 (2005), which had identified the
individuals as those who, among other acts, ``impede the peace
process, constitute a threat to stability in Darfur and the
region, commit violations of international humanitarian or
human rights law or other atrocities'', including the Commander
of the Western Military Region for the armed forces of Sudan,
the Paramount Chief of the Jalul Tribe in North Darfur, the
Commander of the Sudanese Liberation Army, and the Field
Commander of the National Movement for Reform and Development.
(18) On May 5, 2006, under the auspices of African Union
mediation and the direct engagement of the international
community, including the United States, the Government of Sudan
and the largest rebel faction in Darfur, the Sudan Liberation
Movement, signed the Darfur Peace Agreement, which addresses
security, power sharing, and wealth sharing issues between the
parties.
(19) In August 2006, the Sudanese government began to amass
military forces and equipment in the Darfur region in
contravention of the Darfur Peace Agreement to which they are
signatories in what appears to be preliminary to full scale
war.
(20) On August 30, 2006, the United Nations Security
Council voted unanimously, with 3 abstentions (China, Russian
Federation, and Qatar), for Security Council Resolution 1706
(2006) to expand the mandate of the existing United Nations
Mission in Sudan to include the Darfur region of Sudan and to
support implementation of the Darfur Peace Agreement of May 5,
2006, and the N'djamena Agreement on Humanitarian Cease-fire on
the Conflict in Darfur with up to 20,000 peacekeepers and
police.
(21) Between August 30 and September 3, 2006, President
Bashir and other senior members of his administration have
publicly rejected United Nations Security Council Resolution
1706 (2006), calling it illegal and a western invasion of his
country, despite the current presence of 10,000 United Nations
peacekeepers under the UNMIS peacekeeping force.
(22) Since 1993, the Government of Sudan has been
designated, pursuant to section 6(j) of the Export
Administration Act of 1979 (50 App. U.S.C. 2405(j)), as a
country which has repeatedly provided support for acts of
international terrorism. Since Sudan has been designated as a
state sponsor of terrorism, United States assistance, defense
exports and sales, and financial and other transactions with
the Government of Sudan are severely restricted under section
620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) and
section 40 of the Arms Export Control Act (22 U.S.C. 2780).
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the genocide unfolding in the Darfur region of Sudan is
characterized by acts of terrorism and atrocities directed
against civilians, including mass murder, rape, and sexual
violence committed by the Janjaweed and associated militias
with the complicity and support of the National Congress Party-
led faction of the Government of Sudan;
(2) all parties to the conflict in the Darfur region have
continued to violate the N'Djamena Ceasefire Agreement of April
8, 2004, and the Abuja Protocols of November 9, 2004, and
violence against civilians, humanitarian aid workers, and
personnel of AMIS is increasing;
(3) the African Union should rapidly expand the size and
amend the mandate of AMIS to authorize such action as may be
necessary to--
(A) protect civilians and humanitarian operations;
(B) assist with the implementation of the Darfur
Peace Agreement;
(C) deter violence in the Darfur region; and
(D) make all necessary preparations, without delay,
for an orderly transition to a United Nations
peacekeeping operation, which may include African Union
participation;
(4) the international community, including the United
States and the European Union, should immediately act to
mobilize sufficient political, military, and financial
resources through the United Nations and the North Atlantic
Treaty Organization, to support the transition of AMIS to a
United Nations peacekeeping operation with the size, strength,
and capacity necessary to protect civilians and humanitarian
operations, to assist with the implementation of the Darfur
Peace Agreement, and to end the continued violence in the
Darfur region;
(5) if an expanded and reinforced AMIS or subsequent United
Nations peacekeeping operation fails to stop genocide in the
Darfur region, the international community should take
additional measures to prevent and suppress acts of genocide in
the Darfur region;
(6) acting under article 5 of the Charter of the United
Nations, the United Nations Security Council should call for
suspension of the Government of Sudan's rights and privileges
of membership by the General Assembly until such time as the
Government of Sudan has honored pledges to cease attacks upon
civilians, demobilize and demilitarize the Janjaweed and
associated militias, and grant free and unfettered access for
deliveries of humanitarian assistance in the Darfur region;
(7) the President should use all necessary and appropriate
diplomatic means to ensure the full discharge of the
responsibilities of the Committee of the United Nations
Security Council and the panel of experts established pursuant
to section 3(a) of Security Council Resolution 1591 (2005);
(8) the United States should not provide assistance to the
Government of Sudan, other than assistance necessary for the
implementation of the Comprehensive Peace Agreement for Sudan
and the Darfur Peace Agreement, the support of the regional
Government of Southern Sudan and marginalized areas in Northern
Sudan (including the Nuba Mountains, Southern Blue Nile, Abyei,
Eastern Sudan (Beja), Darfur, and Nubia), or for humanitarian
purposes in Sudan, until the Government of Sudan has honored
pledges to cease attacks upon civilians, demobilize and
demilitarize the Janjaweed and associated militias, grant free
and unfettered access for deliveries of humanitarian assistance
in the Darfur region, and allow for the safe and voluntary
return of refugees and internally displaced persons;
(9) the President should seek to assist members of the
Sudanese diaspora in the United States by establishing a
student loan forgiveness program for those individuals who
commit to return to Southern Sudan for a period of not less
than 5 years for the purpose of contributing professional
skills needed for the reconstruction of Southern Sudan;
(10) the President should appoint a Presidential Envoy for
Sudan with appropriate resources and a clear mandate to--
(A) provide stewardship of efforts to implement the
Comprehensive Peace Agreement for Sudan and the Darfur
Peace Agreement;
(B) seek ways to bring stability and peace to the
Darfur region;
(C) address instability elsewhere in Sudan, Chad,
and northern Uganda; and
(D) pursue a truly comprehensive peace throughout
the region;
(11) the international community should strongly condemn
attacks against humanitarian workers and African Union
personnel, and the forcible recruitment of refugees from camps
in Chad and Sudan, and demand that all armed groups in the
region, including the forces of the Government of Sudan, the
Janjaweed, associated militias, the Sudan Liberation Movement/
Army, the Justice and Equality Movement, and all other armed
groups refrain from such activities;
(12) the United States should fully support the
Comprehensive Peace Agreement for Sudan and the Darfur Peace
Agreement and urge rapid implementation of its terms;
(13) the May 5, 2006, signing of the Darfur Peace Agreement
between the Government of Sudan and the Sudan Liberation
Movement was a positive development in a situation that has
seen little political progress in 2 years and should be seized
upon by all sides to begin the arduous process of post-conflict
reconstruction, restitution, justice, and reconciliation; and
(14) the new leadership of the Sudan People's Liberation
Movement (referred to in this paragraph as ``SPLM'') should--
(A) seek to transform SPLM into an inclusive,
transparent, and democratic body;
(B) reaffirm the commitment of SPLM to--
(i) bring peace to Southern Sudan, the
Darfur region, and Eastern Sudan; and
(ii) eliminate safe haven for regional
rebel movements, such as the Lord's Resistance
Army; and
(C) remain united in the face of efforts to
undermine SPLM.
SEC. 5. SANCTIONS IN SUPPORT OF PEACE IN DARFUR.
(a) Blocking of Assets and Restriction on Visas.--Section 6 of the
Comprehensive Peace in Sudan Act of 2004 (Public Law 108-497; 50 U.S.C.
1701 note) is amended--
(1) in the heading of subsection (b), by inserting ``of
Appropriate Senior Officials of the Government of Sudan'' after
``Assets'';
(2) by redesignating subsections (c) through (e) as
subsections (d) through (f), respectively; and
(3) by inserting after subsection (b) the following:
``(c) Blocking of Assets and Restriction on Visas of Certain
Individuals Identified by the President.--
``(1) Blocking of assets.--Beginning on the date that is 30
days after the date of the enactment of the Darfur Peace and
Accountability Act of 2006, and in the interest of contributing
to peace in Sudan, the President shall, consistent with the
authorities granted under the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.), block the assets of any
individual who the President determines is complicit in, or
responsible for, acts of genocide, war crimes, or crimes
against humanity in Darfur, including the family members or any
associates of such individual to whom assets or property of
such individual was transferred on or after July 1, 2002.
``(2) Restriction on visas.--Beginning on the date that is
30 days after the date of the enactment of the Darfur Peace and
Accountability Act of 2006, and in the interest of contributing
to peace in Sudan, the President shall deny a visa and entry to
any individual who the President determines to be complicit in,
or responsible for, acts of genocide, war crimes, or crimes
against humanity in Darfur, including the family members or any
associates of such individual to whom assets or property of
such individual was transferred on or after July 1, 2002.''.
(b) Waiver.--Section 6(d) of the Comprehensive Peace in Sudan Act
of 2004, as redesignated by subsection (a), is amended by adding at the
end the following: ``The President may waive the application of
paragraph (1) or (2) of subsection (c) with respect to any individual
if the President determines that such a waiver is in the national
interests of the United States and, before exercising the waiver,
notifies the appropriate congressional committees of the name of the
individual and the reasons for the waiver.''.
(c) Sanctions Against Certain Janjaweed Commanders and
Coordinators.--It is the sense of Congress, that the President should
immediately consider imposing the sanctions described in section 6(c)
of the Comprehensive Peace in Sudan Act of 2004, as added by subsection
(a), against the Janjaweed commanders and coordinators identified by
the former United States Ambassador at Large for War Crimes on June 24,
2004, before the Subcommittee on Africa, Global Human Rights and
International Operations of the Committee on International Relations of
the House of Representatives.
SEC. 6. ADDITIONAL AUTHORITIES TO DETER AND SUPPRESS GENOCIDE IN
DARFUR.
(a) Presidential Assistance To Support AMIS.--Subject to subsection
(b) and notwithstanding any other provision of law, the President is
authorized to provide AMIS with--
(1) assistance for any expansion of the mandate, size,
strength, and capacity to protect civilians and humanitarian
operations in order to help stabilize the Darfur region of
Sudan and dissuade and deter air attacks directed against
civilians and humanitarian workers; and
(2) assistance in the areas of logistics, transport,
communications, material support, technical assistance,
training, command and control, aerial surveillance, and
intelligence.
(b) Conditions.--
(1) In general.--Assistance provided under subsection (a)--
(A) shall be used only in the Darfur region; and
(B) shall not be provided until AMIS has agreed not
to transfer title to, or possession of, any such
assistance to anyone not an officer, employee or agent
of AMIS, and not to use or to permit the use of such
assistance for any purposes other than those for which
such assistance was furnished, unless the consent of
the President has first been obtained, and written
assurances reflecting all of the forgoing have been
obtained from AMIS by the President.
(2) Consent.--If the President consents to the transfer of
such assistance to anyone not an officer, employee, or agent of
AMIS, or agrees to permit the use of such assistance for any
purposes other than those for which such assistance was
furnished, the President shall immediately notify the Committee
on Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives in
accordance with the procedures applicable to reprogramming
notifications under section 634A of the Foreign Assistance Act
of 1961 (22 U.S.C. 2394-1).
(c) NATO Assistance To Support AMIS.--It is the sense of Congress
that the President should continue to instruct the United States
Permanent Representative to the North Atlantic Treaty Organization
(referred to in this section as ``NATO'') to use the voice, vote, and
influence of the United States at NATO to--
(1) advocate NATO reinforcement of the AMIS and its orderly
transition to a United Nations peacekeeping operation, as
appropriate;
(2) provide assets to help dissuade and deter air strikes
directed against civilians and humanitarian workers in the
Darfur region of Sudan; and
(3) provide other logistical, transportation,
communications, training, technical assistance, command and
control, aerial surveillance, and intelligence support.
(d) Rule of Construction.--Nothing in this Act, or any amendment
made by this Act, shall be construed as a provision described in
section 5(b) or 8(a)(1) of the War Powers Resolution (Public Law 93-
148; 50 U.S.C. 1544(b), 1546(a)(1)).
(e) Denial of Entry at United States Ports to Certain Cargo Ships
or Oil Tankers.--
(1) In general.--The President should take all necessary
and appropriate steps to deny the Government of Sudan access to
oil revenues, including by prohibiting entry at United States
ports to cargo ships or oil tankers engaged in business or
trade activities in the oil sector of Sudan or involved in the
shipment of goods for use by the armed forces of Sudan until
such time as the Government of Sudan has honored its
commitments to cease attacks on civilians, demobilize and
demilitarize the Janjaweed and associated militias, grant free
and unfettered access for deliveries of humanitarian
assistance, and allow for the safe and voluntary return of
refugees and internally displaced persons.
(2) Exception.--Paragraph (1) shall not apply with respect
to--
(A) cargo ships or oil tankers involved in an
internationally-recognized demobilization program or
the shipment of economic assistance; or
(B) if the President has made the determination set
forth in section 9(e), military assistance necessary to
carry out elements of the Comprehensive Peace Agreement
for Sudan or the Darfur Peace Agreement.
(f) Prohibition on Assistance to Countries in Violation of United
Nations Security Council Resolutions 1556 and 1591.--
(1) Prohibition.--Amounts made available to carry out the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) may not
be used to provide assistance (other than humanitarian
assistance) to the government of a country that is in violation
of the embargo on military assistance with respect to Sudan
imposed pursuant to United Nations Security Council Resolutions
1556 (2004) and 1591 (2005).
(2) Waiver.--The President may waive the application of
paragraph (1) if the President determines, and certifies to the
appropriate congressional committees, that such waiver is in
the national interests of the United States.
SEC. 7. CONTINUATION OF RESTRICTIONS.
(a) In General.--Restrictions against the Government of Sudan that
were imposed pursuant to Executive Order 13067 of November 3, 1997 (62
Federal Register 59989), title III and sections 508, 512, 527, and 569
of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2006 (Public Law 109-102), or any other similar
provision of law, shall remain in effect, and shall not be lifted
pursuant to such provisions of law, until the President certifies to
the appropriate congressional committees that the Government of Sudan
is acting in good faith to--
(1) implement the Darfur Peace Agreement;
(2) disarm, demobilize, and demilitarize the Janjaweed and
all militias allied with the Government of Sudan;
(3) adhere to all associated United Nations Security
Council Resolutions, including Security Council Resolutions
1556 (2004), 1564 (2004), 1591 (2005), 1593 (2005), 1663
(2006), 1665 (2006), and 1706 (2006);
(4) negotiate a peaceful resolution to the crisis in
eastern Sudan;
(5) fully cooperate with efforts to disarm, demobilize, and
deny safe haven to members of the Lord's Resistance Army in
Sudan; and
(6) fully implement the Comprehensive Peace Agreement for
Sudan without manipulation or delay, by--
(A) implementing the recommendations of the Abyei
Boundaries Commission Report;
(B) establishing other appropriate commissions and
implementing and adhering to the recommendations of
such commissions consistent with the terms of the
Comprehensive Peace Agreement for Sudan;
(C) adhering to the terms of the Wealth Sharing
Agreement; and
(D) withdrawing government forces from Southern
Sudan consistent with the terms of the Comprehensive
Peace Agreement for Sudan.
(b) Waiver.--The President may waive the application of subsection
(a) if the President determines, and certifies to the appropriate
congressional committees, that such waiver is in the national interests
of the United States.
SEC. 8. ASSISTANCE EFFORTS IN SUDAN.
(a) Assistance for International Malaria Control Act.--Section 501
of the Assistance for International Malaria Control Act (Public Law
106-570; 50 U.S.C. 1701 note) is repealed.
(b) Comprehensive Peace in Sudan Act.--Section 7 of the
Comprehensive Peace in Sudan Act of 2004 (Public Law 108-497; 50 U.S.C.
1701 note) is repealed.
(c) Authorized Assistance.--If the President has not made a
certification under section 12(a)(3) of the Sudan Peace Act (50 U.S.C.
1701 note) regarding the noncompliance of the SPLM/A or the Government
of Southern Sudan with the Comprehensive Peace Agreement for Sudan, the
President may provide the following types of assistance:
(1) Economic assistance.--
(A) In general.--Notwithstanding any other
provision of law, the President is authorized to
provide economic assistance for Southern Sudan,
Southern Kordofan/Nuba Mountains State, Blue Nile
State, and Abyei, including for emergency relief to
promote economic self-sufficiency, build civil
authority, provide education, enhance rule of law and
the development of judicial and legal frameworks,
support people to people reconciliation efforts, or to
implement any nonmilitary program in support of any
viable peace agreement in Sudan, including the
Comprehensive Peace Agreement for Sudan.
(B) Congressional notification.--Assistance may not
be obligated under this subsection until 15 days after
the date on which the President notifies the
congressional committees specified in section 634A of
the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1)
of such obligation in accordance with the procedures
applicable to reprogramming notifications under such
section.
(2) Military assistance.--
(A) In general.--Notwithstanding any other
provision of law, for each of fiscal years 2006, 2007,
and 2008, the President may authorize the export to the
Government of Southern Sudan for the purpose of
constituting a professional military force--
(i) non-lethal military equipment
controlled under the International Traffic in
Arms Regulations (22 C.F.R. 120.1 et seq.) if
the President--
(I) determines that the export of
such items is in the national security
interest of the United States; and
(II) not later than 15 days before
the export of any such items, notifies
the Committee on Foreign Relations of
the Senate and the Committee on
International Relations of the House of
Representatives of such determination.
(ii) lethal military equipment controlled
under categories I, II, and III of the United
States Munitions List (22 C.F.R. 121.1 et seq.)
if the President--
(I) determines that the export of
such equipment is vital to the national
security interests of the United
States; and
(II) in accordance with the
procedures set forth in section
614(a)(3) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2364(a)(3)),
notifies the Committee on Foreign
Relations of the Senate and the
Committee on International Relations of
the House of Representatives of such
determination.
(3) End use assurances.--For each item exported pursuant to
paragraph (1) or (2), the President shall include with the
notification to Congress under clauses (i)(II) and (ii)(II) of
paragraph (2)--
(A) an identification of the end users to which the
export is being made;
(B) the dollar value of the items being exported;
(C) a description of the items being exported; and
(D) a description of the end use verification
procedures that will be applied to such items,
including--
(i) any special assurances obtained from
the Government of Southern Sudan or other
authorized end users regarding such equipment;
and
(ii) the end use or retransfer controls
that will be applied to any items exported
under this subsection.
(4) Waiver authority.--Section 40A(b) of the Arms Export
Control Act (22 U.S.C. 2781(b)) shall not apply to assistance
furnished under paragraph (2).
(d) Exception to Prohibitions in Executive Order Number 13067.--
Notwithstanding any other provision of law, the prohibitions set forth
with respect to Sudan in Executive Order No. 13067 (62 Fed. Reg. 59989)
shall not apply to activities or related transactions with respect to
Southern Sudan, Southern Kordofan/Nuba Mountains State, Blue Nile
State, or Abyei.
SEC. 9. REPORTING REQUIREMENTS.
Section 8 of the Sudan Peace Act (Public Law 107-245; 50 U.S.C.
1701 note) is amended--
(1) by redesignating subsection (c) as subsection (g); and
(2) by inserting after subsection (b) the following:
``(c) Report on African Union Mission in Sudan.--In conjunction
with the other reports required under this section, the Secretary of
State, in consultation with all relevant Federal departments and
agencies, shall prepare and submit a report, to the appropriate
congressional committees, regarding--
``(1) a detailed description of all United States
assistance provided to the African Union Mission in Sudan
(referred to in this subsection as `AMIS') since the
establishment of AMIS, reported by fiscal year and the type and
purpose of such assistance; and
``(2) the level of other international assistance provided
to AMIS, including assistance from countries, regional and
international organizations, such as the North Atlantic Treaty
Organization, the European Union, the Arab League, and the
United Nations, reported by fiscal year and the type and
purpose of such assistance, to the extent possible.
``(d) Report on Sanctions in Support of Peace in Darfur.--In
conjunction with the other reports required under this section, the
Secretary of State shall submit a report to the appropriate
congressional committees regarding sanctions imposed under section 6 of
the Comprehensive Peace in Sudan Act of 2004, including--
``(1) a description of each sanction imposed under such
provision of law; and
``(2) the name of the individual or entity subject to the
sanction, if applicable.
``(e) Report on United States Military Assistance.--In conjunction
with the other reports required under this section, the Secretary of
State shall submit a report to the appropriate congressional committees
describing the effectiveness of any assistance provided under section 8
of the Darfur Peace and Accountability Act of 2006, including--
``(1) a detailed annex on any military assistance provided
in the period covered by this report;
``(2) the results of any review or other monitoring
conducted by the Federal Government with respect to assistance
provided under that Act; and
``(3) any unauthorized retransfer or use of military
assistance furnished by the United States.''.
Calendar No. 604
109th CONGRESS
2d Session
S. 3884
_______________________________________________________________________
A BILL
To impose sanctions against individuals responsible for genocide, war
crimes, and crimes against humanity, to support measures for the
protection of civilians and humanitarian operations, and to support
peace efforts in the Darfur region of Sudan, and for other purposes.
_______________________________________________________________________
September 12, 2006
Read the second time and placed on the calendar
Introduced in Senate
Sponsor introductory remarks on measure. (CR S9309-9310)
Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 604.
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