[Congressional Bills 109th Congress]
[From the U.S. Government Publishing 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.