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. 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.
(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'--
(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.
(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:
(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.
(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
END
