109TH CONGRESS

1ST SESSION S. 1462

AN ACT

To promote peace and accountability in Sudan, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Darfur Peace and Ac5 countability Act of 2005’’.
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1 SEC. 2. DEFINITIONS.

2 In this Act:

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means the Committee on International Re6 lations of the House of Representatives and the

7 Committee on Foreign Relations of the Senate.

8 (2) GOVERNMENT OF SUDAN.—

9 (A) IN GENERAL.—The term ‘‘Government

10 of Sudan’’ means the National Congress Party,

11 formerly known as the National Islamic Front,

12 government in Khartoum, Sudan, or any suc13 cessor government formed on or after the date

14 of the enactment of this Act (including the coa15 lition National Unity Government agreed upon

16 in the Comprehensive Peace Agreement for

17 Sudan), except that such term does not include

18 the regional Government of Southern Sudan.

19 (B) OFFICIALS OF THE GOVERNMENT OF

20 SUDAN.—The term ‘‘Government of Sudan’’,

21 when used with respect to an official of the

22 Government of Sudan, does not include an

23 individual—

24 (i) who was not a member of such

25 government prior to July 1, 2005; or
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1 (ii) who is a member of the regional

2 Government of Southern Sudan.

3 (3) COMPREHENSIVE PEACE AGREEMENT FOR

4 SUDAN.—The term ‘‘Comprehensive Peace Agree5 ment for Sudan’’ means the peace agreement signed

6 by the Government of Sudan and the Sudan Peo7 ple’s Liberation Movement/Army (SPLM/A) in

8 Nairobi, Kenya, on January 9, 2005.

9 SEC. 3. FINDINGS.

10 Congress makes the following findings:

11 (1) On July 22, 2004, the House of Represent12 atives and the Senate declared that the atrocities oc13 curring in the Darfur region of Sudan are genocide.

14 (2) On September 9, 2004, Secretary of State

15 Colin L. Powell stated before the Committee on For16 eign Relations of the Senate, ‘‘genocide has been

17 committed in Darfur and. . . the Government of

18 Sudan and the [Janjaweed] bear responsibility—and

19 genocide may still be occurring’’.

20 (3) On September 21, 2004, in an address be21 fore the United Nations General Assembly, Presi22 dent George W. Bush affirmed the Secretary of

23 State’s finding and stated, ‘‘[a]t this hour, the world

24 is witnessing terrible suffering and horrible crimes in
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1 the Darfur region of Sudan, crimes my government

2 has concluded are genocide’’.

3 (4) On July 30, 2004, the United Nations Se4 curity Council passed Security Council Resolution

5 1556, calling upon the Government of Sudan to dis6 arm the Janjaweed militias and to apprehend and

7 bring to justice Janjaweed leaders and their associ8 ates who have incited and carried out violations of

9 human rights and international humanitarian law,

10 and establishing a ban on the sale or supply of arms

11 and related materiel of all types, including the provi12 sion of related technical training or assistance, to all

13 nongovernmental entities and individuals, including

14 the Janjaweed.

15 (5) On September 18, 2004, the United Na16 tions Security Council passed Security Council Reso17 lution 1564, determining that the Government of

18 Sudan had failed to meet its obligations under Secu19 rity Council Resolution 1556, calling for a military

20 flight ban in and over the Darfur region, demanding

21 the names of Janjaweed militiamen disarmed and

22 arrested for verification, establishing an Inter23 national Commission of Inquiry on Darfur to inves24 tigate violations of international humanitarian and

25 human rights laws, and threatening sanctions should
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1 the Government of Sudan fail to fully comply with

2 Security Council Resolutions 1556 and 1564, includ3 ing such actions as to affect Sudan’s petroleum sec4 tor or individual members of the Government of

5 Sudan.

6 (6) The Report of the International Commis7 sion of Inquiry on Darfur established that the ‘‘Gov8 ernment of the Sudan and the Janjaweed are re9 sponsible for serious violations of international

10 human rights and humanitarian law amounting to

11 crimes under international law,’’ that ‘‘these acts

12 were conducted on a widespread and systematic

13 basis, and therefore may amount to crimes against

14 humanity,’’ and that Sudanese officials and other in15 dividuals may have acted with ‘‘genocidal intent’’.

16 (7) The Report of the International Commis17 sion of Inquiry on Darfur further notes that, pursu18 ant to its mandate and in the course of its work, the

19 Commission had collected information relating to in20 dividual perpetrators of acts constituting ‘‘violations

21 of international human rights law and international

22 humanitarian law, including crimes against human23 ity and war crimes’’ and that a sealed file containing

24 the names of those individual perpetrators had been

25 delivered to the United Nations Secretary-General.
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1 (8) On March 24, 2005, the United Nations Se2 curity Council passed Security Council Resolution

3 1590, establishing the United Nations Mission in

4 Sudan (UNMIS), consisting of up to 10,000 military

5 personnel and 715 civilian police and tasked with

6 supporting implementation of the Comprehensive

7 Peace Agreement for Sudan and ‘‘closely and con8 tinuously liais[ing] and coordinat[ing] at all levels

9 with the African Union Mission in Sudan (AMIS)

10 with a view towards expeditiously reinforcing the ef11 fort to foster peace in Darfur’’.

12 (9) On March 29, 2005, the United Nations Se13 curity Council passed Security Council Resolution

14 1591, extending the military embargo established by

15 Security Council Resolution 1556 to all the parties

16 to the N’djamena Ceasefire Agreement and any

17 other belligerents in the states of North Darfur,

18 South Darfur, and West Darfur, calling for an asset

19 freeze and travel ban against those individuals who

20 impede the peace process, constitute a threat to sta21 bility in Darfur and the region, commit violations of

22 international humanitarian or human rights law or

23 other atrocities, are responsible for offensive military

24 overflights, or violate the military embargo, and es25 tablishing a Committee of the Security Council and
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1 a Panel of Experts to assist in monitoring compli2 ance with Security Council Resolutions 1556 and

3 1591.

4 (10) On March 31, 2005, the United Nations

5 Security Council passed Security Council Resolution

6 1593, referring the situation in Darfur since July 1,

7 2002, to the prosecutor of the International Crimi8 nal Court and calling on the Government of Sudan

9 and all parties to the conflict to cooperate fully with

10 the Court.

11 (11) In remarks before the G–8 Summit on

12 June 30, 2005, President Bush reconfirmed that

13 ‘‘the violence in Darfur is clearly genocide’’ and ‘‘the

14 human cost is beyond calculation’’.

15 (12) On July 30, 2005, Dr. John Garang de

16 Mabior, the newly appointed Vice President of

17 Sudan and the leader of the Sudan People’s Libera18 tion Movement/Army (SPLM/A) for the past 21

19 years, was killed in a tragic helicopter crash in

20 southern Sudan, sparking riots in Khartoum and

21 challenging the commitment of all the people of

22 Sudan to the Comprehensive Peace Agreement for

23 Sudan.

24 SEC. 4. SENSE OF CONGRESS.

25 It is the sense of Congress that—
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1 (1) the genocide unfolding in the Darfur region

2 of Sudan is characterized by atrocities directed

3 against civilians, including mass murder, rape, and

4 sexual violence committed by the Janjaweed and as5 sociated militias with the complicity and support of

6 the National Congress Party-led faction of the Gov7 ernment of Sudan;

8 (2) all parties to the conflict in the Darfur re9 gion have continued to violate the N’djamena

10 Ceasefire Agreement of April 8, 2004, and the

11 Abuja Protocols of November 9, 2004, and violence

12 against civilians, humanitarian aid workers, and per13 sonnel of the African Union Mission in Sudan

14 (AMIS) is increasing;

15 (3) the African Union should rapidly expand

16 the size and amend the mandate of the African

17 Union Mission in Sudan (AMIS) to authorize such

18 action as may be necessary to protect civilians and

19 humanitarian operations, and deter violence in the

20 Darfur region without delay;

21 (4) the international community, including the

22 United Nations, the North Atlantic Treaty Organi23 zation (NATO), the European Union, and the

24 United States, should immediately act to mobilize

25 sufficient political, military, and financial resources
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1 to support the expansion of the African Union Mis2 sion in Sudan so that it achieves the size, strength,

3 and capacity necessary for protecting civilians and

4 humanitarian operations, and ending the continued

5 violence in the Darfur region;

6 (5) if an expanded and reinforced African

7 Union Mission in Sudan fails to stop genocide in the

8 Darfur region, the international community should

9 take additional, dispositive measures to prevent and

10 suppress acts of genocide in the Darfur region;

11 (6) acting under Article 5 of the Charter of the

12 United Nations, the United Nations Security Coun13 cil should call for suspension of the Government of

14 Sudan’s rights and privileges of membership by the

15 General Assembly until such time as the Govern16 ment of Sudan has honored pledges to cease attacks

17 upon civilians, demobilize the Janjaweed and associ18 ated militias, grant free and unfettered access for

19 deliveries of humanitarian assistance in the Darfur

20 region, and allow for safe, unimpeded, and voluntary

21 return of refugees and internally displaced persons;

22 (7) the President should use all necessary and

23 appropriate diplomatic means to ensure the full dis24 charge of the responsibilities of the Committee of

25 the United Nations Security Council and the Panel
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1 of Experts established pursuant to section 3(a) of

2 Security Council Resolution 1591 (March 29, 2005);

3 (8) the United States should not provide assist4 ance to the Government of Sudan, other than assist5 ance necessary for the implementation of the Com6 prehensive Peace Agreement for Sudan, the support

7 of the regional Government of Southern Sudan and

8 marginalized areas in northern Sudan (including the

9 Nuba Mountains, Southern Blue Nile, Abyei, East10 ern Sudan (Beja), Darfur, and Nubia), as well as

11 marginalized peoples in and around Khartoum, or

12 for humanitarian purposes in Sudan, until such time

13 as the Government of Sudan has honored pledges to

14 cease attacks upon civilians, demobilize the

15 Janjaweed and associated militias, grant free and

16 unfettered access for deliveries of humanitarian as17 sistance in the Darfur region, and allow for safe,

18 unimpeded, and voluntary return of refugees and in19 ternally displaced persons;

20 (9) the President should seek to assist members

21 of the Sudanese diaspora in the United States by es22 tablishing a student loan forgiveness program for

23 those individuals who commit to return to southern

24 Sudan for a period of not less than 5 years for the
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1 purpose of contributing professional skills needed for

2 the reconstruction of southern Sudan;

3 (10) the President should appoint a Presi4 dential Envoy for Sudan to provide stewardship of

5 efforts to implement the Comprehensive Peace

6 Agreement for Sudan, seek ways to bring stability

7 and peace to the Darfur region, address instability

8 elsewhere in Sudan and northern Uganda, and pur9 sue a truly comprehensive peace throughout the re10 gion;

11 (11) in order to achieve the goals specified in

12 paragraph (10) and to further promote human

13 rights and civil liberties, build democracy, and

14 strengthen civil society, the Presidential Envoy for

15 Sudan should be empowered to promote and encour16 age the exchange of individuals pursuant to edu17 cational and cultural programs, including programs

18 funded by the United States Government;

19 (12) the international community should

20 strongly condemn attacks against humanitarian

21 workers and demand that all armed groups in the

22 Darfur region, including the forces of the Govern23 ment of Sudan, the Janjaweed, associated militias,

24 the Sudan Liberation Movement/Army (SLM/A), the
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1 Justice and Equality Movement (JEM), and all

2 other armed groups to refrain from such attacks;

3 (13) the United States should fully support the

4 Comprehensive Peace Agreement for Sudan and

5 urge rapid implementation of its terms; and

6 (14) the new leadership of the Sudan People’s

7 Liberation Movement (SPLM) should—

8 (A) seek to transform the SPLM into an

9 inclusive, transparent, and democratic political

10 body;

11 (B) reaffirm the commitment of the SPLM

12 to bringing peace not only to southern Sudan,

13 but also to the Darfur region, eastern Sudan,

14 and northern Uganda; and

15 (C) remain united in the face of potential

16 efforts to undermine the SPLM.

17 SEC. 5. SANCTIONS IN SUPPORT OF PEACE IN DARFUR.

18 (a) BLOCKING OF ASSETS AND RESTRICTION ON

19 VISAS.—Section 6 of the Comprehensive Peace in Sudan

20 Act of 2004 (Public Law 108–497; 50 U.S.C. 1701 note)

21 is amended—

22 (1) in the heading of subsection (b), by insert23 ing ‘‘OF APPROPRIATE SENIOR OFFICIALS OF THE

24 SUDANESE GOVERNMENT’’ after ‘‘ASSETS’’;
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1 (2) by redesignating subsections (c) through (e)

2 as subsections (d) through (f), respectively; and

3 (3) by inserting after subsection (b) the fol4 lowing new subsection:

5 ‘‘(c) BLOCKING OF ASSETS AND RESTRICTION ON

6 VISAS OF CERTAIN INDIVIDUALS IDENTIFIED BY THE

7 PRESIDENT.—

8 ‘‘(1) BLOCKING OF ASSETS.—Beginning on the

9 date that is 30 days after the date of the enactment

10 of the Darfur Peace and Accountability Act of 2005,

11 and in the interest of contributing to peace in

12 Sudan, the President shall, consistent with the au13 thorities granted in the International Emergency

14 Economic Powers Act (50 U.S.C. 1701 et seq.),

15 block the assets of any individual who the President

16 determines is complicit in, or responsible for, acts of

17 genocide, war crimes, or crimes against humanity in

18 Darfur, including the family members or any associ19 ates of such individual to whom assets or property

20 of such individual was transferred on or after July

21 1, 2002.

22 ‘‘(2) RESTRICTION ON VISAS.—Beginning on

23 the date that is 30 days after the date of the enact24 ment of the Darfur Peace and Accountability Act of

25 2005, and in the interest of contributing to peace in
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1 Sudan, the President shall deny visas and entry to

2 any individual who the President determines is

3 complicit in, or responsible for, acts of genocide, war

4 crimes, or crimes against humanity in Darfur, in5 cluding the family members or any associates of

6 such individual to whom assets or property of such

7 individual was transferred on or after July 1,

8 2002.’’.

9 (b) WAIVER.—Section 6(d) of the Comprehensive

10 Peace in Sudan Act of 2004 (as redesignated by sub11 section (a)) is amended by adding at the end the following

12 new sentence: ‘‘The President may waive the application

13 of paragraph (1) or (2) of subsection (c) with respect to

14 an individual if—

15 ‘‘(1) the President determines that such a waiv16 er is in the national interest of the United States;

17 and

18 ‘‘(2) prior to exercising the waiver, the Presi19 dent transmits to the appropriate congressional com20 mittees a notification of the waiver that includes the

21 name of the individual and the reasons for the waiv22 er.’’.

23 (c) SANCTIONS AGAINST CERTAIN JANJAWEED COM24 MANDERS AND COORDINATORS.—The President should

25 immediately consider imposing the sanctions described in
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1 section 6(c) of the Comprehensive Peace in Sudan Act of

2 2004 (as added by subsection (a)) against the Janjaweed

3 commanders and coordinators identified by former United

4 States Ambassador-at-Large for War Crimes before the

5 Subcommittee on Africa of the Committee on Inter6 national Relations of the House of Representatives on

7 June 24, 2004.

8 SEC. 6. ADDITIONAL AUTHORITIES TO DETER AND SUP9 PRESS GENOCIDE IN DARFUR.

10 (a) UNITED STATES ASSISTANCE TO SUPPORT

11 AMIS.—Section 7 of the Comprehensive Peace in Sudan

12 Act of 2004 (Public Law 108–497; 50 U.S.C. 1701 note)

13 is amended—

14 (1) by striking ‘‘Notwithstanding’’ and insert15 ing ‘‘(a) GENERAL ASSISTANCE.—Notwithstanding’’;

16 and

17 (2) by adding at the end the following new sub18 section:

19 ‘‘(b) ASSISTANCE TO SUPPORT AMIS.—Notwith20 standing any other provision of law, the President is au21 thorized to provide assistance, on such terms and condi22 tions as the President may determine and in consultation

23 with the appropriate congressional committees, to rein24 force the deployment and operations of an expanded Afri25 can Union Mission in Sudan (AMIS) with the mandate,
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1 size, strength, and capacity to protect civilians and hu2 manitarian operations, stabilize the Darfur region of

3 Sudan and dissuade and deter air attacks directed against

4 civilians and humanitarian workers, including but not lim5 ited to providing assistance in the areas of logistics, trans6 port, communications, materiel support, technical assist7 ance, training, command and control, aerial surveillance,

8 and intelligence.’’.

9 (b) NATO ASSISTANCE TO SUPPORT AMIS.—The

10 President should instruct the United States Permanent

11 Representative to the North Atlantic Treaty Organization

12 (NATO) to use the voice, vote, and influence of the United

13 States at NATO to advocate NATO reinforcement of the

14 African Union Mission in Sudan (AMIS), upon the request

15 of the African Union, including but not limited to the pro16 vision of assets to dissuade and deter offensive air strikes

17 directed against civilians and humanitarian workers in the

18 Darfur region of Sudan and other logistical, transpor19 tation, communications, training, technical assistance,

20 command and control, aerial surveillance, and intelligence

21 support.

22 (c) DENIAL OF ENTRY AT UNITED STATES PORTS

23 TO CERTAIN CARGO SHIPS OR OIL TANKERS.—

24 (1) IN GENERAL.—The President should take

25 all necessary and appropriate steps to deny the Gov-
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1 ernment of Sudan access to oil revenues, including

2 by prohibiting entry at United States ports to cargo

3 ships or oil tankers engaged in business or trade ac4 tivities in the oil sector of Sudan or involved in the

5 shipment of goods for use by the armed forces of

6 Sudan, until such time as the Government of Sudan

7 has honored its commitments to cease attacks on ci8 vilians, demobilize and demilitarize the Janjaweed

9 and associated militias, grant free and unfettered ac10 cess for deliveries of humanitarian assistance, and

11 allow for the safe and voluntary return of refugees

12 and internally displaced persons.

13 (2) EXCEPTION.—Paragraph (1) shall not

14 apply with respect to cargo ships or oil tankers in15 volved in an internationally-recognized demobiliza16 tion program or the shipment of non-lethal assist17 ance necessary to carry out elements of the Com18 prehensive Peace Agreement for Sudan.

19 (d) PROHIBITION ON ASSISTANCE TO COUNTRIES IN

20 VIOLATION OF UNITED NATIONS SECURITY COUNCIL

21 RESOLUTIONS 1556 AND 1591.—

22 (1) PROHIBITION.—Amounts made available to

23 carry out the Foreign Assistance Act of 1961 (22

24 U.S.C. 2151 et seq.) may not be used to provide as25 sistance to the government of a country that is in
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1 violation of the embargo on military assistance with

2 respect to Sudan imposed pursuant to United Na3 tions Security Council Resolutions 1556 (July 30,

4 2004) and 1591 (March 29, 2005).

5 (2) WAIVER.—The President may waive the ap6 plication of paragraph (1) if the President deter7 mines and certifies to the appropriate congressional

8 committees that it is in the national interests of the

9 United States to do so.

10 SEC. 7. MULTILATERAL EFFORTS.

11 The President shall direct the United States Perma12 nent Representative to the United Nations to use the voice

13 and vote of the United States to urge the adoption of a

14 resolution by the United Nations Security Council which—

15 (1) supports the expansion of the African Union

16 Mission in Sudan (AMIS) so that it achieves the

17 mandate, size, strength, and capacity needed to pro18 tect civilians and humanitarian operations, and dis19 suade and deter fighting and violence in the Darfur

20 region of Sudan, and urges member states of the

21 United Nations to accelerate political, material, fi22 nancial, and other assistance to the African Union

23 toward this end;

24 (2) reinforces efforts of the African Union to

25 negotiate peace talks between the Government of
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1 Sudan, the Sudan Liberation Movement/Army

2 (SLM/A), the Justice and Equality Movement

3 (JEM), and associated armed groups in the Darfur

4 region, calls on the Government of Sudan, the SLM/

5 A, and the JEM to abide by their obligations under

6 the N’Djamena Ceasefire Agreement of April 8,

7 2004 and subsequent agreements, urges all parties

8 to engage in peace talks without preconditions and

9 seek to resolve the conflict, and strongly condemns

10 all attacks against humanitarian workers and Afri11 can Union personnel in the Darfur region;

12 (3) imposes sanctions against the Government

13 of Sudan, including sanctions against individual

14 members of the Government of Sudan, and entities

15 controlled or owned by officials of the Government

16 of Sudan or the National Congress Party in Sudan

17 until such time as the Government of Sudan has

18 honored its commitments to cease attacks on civil19 ians, demobilize and demilitarize the Janjaweed and

20 associated militias, grant free and unfettered access

21 for deliveries of humanitarian assistance, and allow

22 for the safe and voluntary return of refugees and in23 ternally displaced persons;

24 (4) extends the military embargo established by

25 United Nations Security Council Resolutions 1556
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1 (July 30, 2004) and 1591 (March 29, 2005) to in2 clude a total prohibition on the sale or supply of of3 fensive military equipment to the Government of

4 Sudan, except for use in an internationally-recog5 nized demobilization program or for non-lethal as6 sistance necessary to carry out elements of the Com7 prehensive Peace Agreement for Sudan;

8 (5) calls upon those member states of the

9 United Nations that continue to undermine efforts

10 to foster peace in Sudan by providing military assist11 ance and equipment to the Government of Sudan,

12 the SLM/A, the JEM, and associated armed groups

13 in the Darfur region in violation of the embargo on

14 such assistance and equipment, as called for in

15 United Nations Security Council Resolutions 1556

16 and 1591, to immediately cease and desist; and

17 (6) acting under Article 5 of the Charter of the

18 United Nations, calls for suspension of the Govern19 ment of Sudan’s rights and privileges of membership

20 by the General Assembly until such time as the Gov21 ernment of Sudan has honored pledges to cease at22 tacks upon civilians, demobilize the Janjaweed and

23 associated militias, grant free and unfettered access

24 for deliveries of humanitarian assistance in the

25 Darfur region, and allow for safe, unimpeded, and
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1 voluntary return of refugees and internally displaced

2 persons.

3 SEC. 8. CONTINUATION OF RESTRICTIONS.

4 Restrictions against the Government of Sudan that

5 were imposed or are otherwise applicable pursuant to Ex6 ecutive Order 13067 of November 3, 1997 (62 Federal

7 Register 59989), title III and sections 508, 512, 527, and

8 569 of the Foreign Operations, Export Financing, and Re9 lated Programs Appropriations Act, 2005 (division D of

10 Public Law 108–447), or any other similar provision of

11 law, should remain in effect and should not be lifted pur12 suant to such provisions of law until the President trans13 mits to the appropriate congressional committees a certifi14 cation that the Government of Sudan is acting in good

15 faith—

16 (1) to peacefully resolve the crisis in the Darfur

17 region of Sudan;

18 (2) to disarm, demobilize, and demilitarize the

19 Janjaweed and all government-allied militias;

20 (3) to adhere to United Nations Security Coun21 cil Resolutions 1556 (2004), 1564 (2004), 1591

22 (2005), and 1593 (2005);

23 (4) to negotiate a peaceful resolution to the cri24 sis in eastern Sudan;
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1 (5) to fully cooperate with efforts to disarm, de2 mobilize, and deny safe haven to members of the

3 Lords Resistance Army; and

4 (6) to fully implement the Comprehensive Peace

5 Agreement for Sudan without manipulation or delay,

6 including by—

7 (A) implementing the recommendations of

8 the Abyei Commission Report;

9 (B) establishing other appropriate commis10 sions and implementing and adhering to the

11 recommendations of such commissions con12 sistent with the terms of the Comprehensive

13 Peace Agreement for Sudan;

14 (C) adhering to the terms of the Wealth

15 Sharing Agreement; and

16 (D) withdrawing government forces from

17 southern Sudan consistent with the terms of

18 the Comprehensive Peace Agreement for Sudan.

19 SEC. 9. ASSISTANCE EFFORTS IN SUDAN.

20 (a) ADDITIONAL AUTHORITIES.—Section 501(a) of

21 the Assistance for International Malaria Control Act

22 (Public Law 106–570; 114 Stat. 350; 50 U.S.C. 1701

23 note) is amended—

24 (1) by striking ‘‘Notwithstanding any other pro25 vision of law’’ and inserting the following:
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1 ‘‘(1) IN GENERAL.—Notwithstanding any other

2 provision of law’’;

3 (2) by inserting ‘‘civil administrations,’’ after

4 ‘‘indigenous groups,’’;

5 (3) by striking ‘‘areas outside of control of the

6 Government of Sudan’’ and inserting ‘‘southern

7 Sudan, southern Kordofan/Nuba Mountains State,

8 Blue Nile State, and Abyei’’;

9 (4) by inserting before the period at the end the

10 following: ‘‘, including the Comprehensive Peace

11 Agreement for Sudan’’; and

12 (5) by adding at the end the following new

13 paragraph:

14 ‘‘(2) CONGRESSIONAL NOTIFICATION.—Assist15 ance may not be obligated under this subsection

16 until 15 days after the date on which the President

17 has provided notice thereof to the congressional com18 mittees specified in section 634A of the Foreign As19 sistance Act of 1961 (22 U.S.C. 2394–1) in accord20 ance with the procedures applicable to reprogram21 ming notifications under such section.’’.

22 (b) EXCEPTION TO PROHIBITIONS IN EXECUTIVE

23 ORDER NO. 13067.—Subsection (b) of such section is

24 amended—
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1 (1) in the heading, by striking ‘‘EXPORT PRO2 HIBITIONS’’ and inserting ‘‘PROHIBITIONS IN EXEC3 UTIVE ORDER NO. 13067’’;

4 (2) by striking ‘‘shall not’’ and inserting

5 ‘‘should not’’;

6 (3) by striking ‘‘any export from an area in

7 Sudan outside of control of the Government of

8 Sudan, or to any necessary transaction directly re9 lated to that export’’ and inserting ‘‘activities or re10 lated transactions with respect to southern Sudan,

11 southern Kordofan/Nuba Mountains State, Blue Nile

12 State, or Abyei’’; and

13 (4) by striking ‘‘the export or related trans14 action’’ and all that follows and inserting ‘‘such ac15 tivities or related transactions would directly benefit

16 the economic recovery and development of those

17 areas and people.’’.

18 SEC. 10. REPORTS.

19 (a) REPORT ON AFRICAN UNION MISSION IN SUDAN

20 (AMIS).—Section 8 of the Sudan Peace Act (Public Law

21 107–245; 50 U.S.C. 1701 note) is amended—

22 (1) by redesignating subsection (c) as sub23 section (d); and

24 (2) by inserting after subsection (b) the fol25 lowing new subsection:
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1 ‘‘(c) REPORT ON AFRICAN UNION MISSION IN SUDAN

2 (AMIS).—In conjunction with reports required under sub3 sections (a) and (b) of this section thereafter, the Sec4 retary of State shall submit to the appropriate congres5 sional committees a report, to be prepared in conjunction

6 with the Secretary of Defense, on—

7 ‘‘(1) efforts to fully deploy the African Union

8 Mission in Sudan (AMIS) with the size, strength,

9 and capacity necessary to stabilize the Darfur region

10 of Sudan and protect civilians and humanitarian op11 erations;

12 ‘‘(2) the needs of AMIS to ensure success, in13 cluding in the areas of housing, transport, commu14 nications, equipment, technical assistance, training,

15 command and control, intelligence, and such assist16 ance as is necessary to dissuade and deter attacks,

17 including by air, directed against civilians and hu18 manitarian operations;

19 ‘‘(3) the current level of United States assist20 ance and other assistance provided to AMIS, and a

21 request for additional United States assistance, if

22 necessary;

23 ‘‘(4) the status of North Atlantic Treaty Orga24 nization (NATO) plans and assistance to support

25 AMIS; and
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1 ‘‘(5) the performance of AMIS in carrying out

2 its mission in the Darfur region.’’.

3 (b) REPORT ON SANCTIONS IN SUPPORT OF PEACE

4 IN DARFUR.—Section 8 of the Sudan Peace Act (Public

5 Law 107–245; 50 U.S.C. 1701 note), as amended by sub6 section (a), is further amended—

7 (1) by redesignating subsection (d) (as redesig8 nated) as subsection (e); and

9 (2) by inserting after subsection (c) the fol10 lowing new subsection:

11 ‘‘(d) REPORT ON SANCTIONS IN SUPPORT OF PEACE

12 IN DARFUR.—In conjunction with reports required under

13 subsections (a), (b), and (c) of this section thereafter, the

14 Secretary of State shall submit to the appropriate congres15 sional committees a report regarding sanctions imposed

16 under subsections (a) through (d) of section 6 of the Com17 prehensive Peace in Sudan Act of 2004, including—

18 ‘‘(1) a description of each sanction imposed

19 under such provisions of law; and

20 ‘‘(2) the name of the individual or entity sub21 ject to the sanction, if applicable.’’.

22 (c) REPORT ON INDIVIDUALS IDENTIFIED BY THE

23 UNITED NATIONS IN CONNECTION WITH GENOCIDE,

24 WAR CRIMES, AND CRIMES AGAINST HUMANITY OR

25 OTHER VIOLATIONS OF INTERNATIONAL HUMANITARIAN
†

27

S 1462 ES

1 LAW IN DARFUR.—Section 8 of the Sudan Peace Act

2 (Public Law 107–245; 50 U.S.C. 1701 note), as amended

3 by subsections (a) and (b), is further amended—

4 (1) by redesignating subsection (e) (as redesig5 nated) as subsection (f); and

6 (2) by inserting after subsection (d) the fol7 lowing new subsection:

8 ‘‘(e) REPORT ON INDIVIDUALS IDENTIFIED BY THE

9 UNITED NATIONS IN CONNECTION WITH GENOCIDE,

10 WAR CRIMES, AND CRIMES AGAINST HUMANITY OR

11 OTHER VIOLATIONS OF INTERNATIONAL HUMANITARIAN

12 LAW IN DARFUR.—Not later than 30 days after the date

13 on which the United States has access to any of the names

14 of the individuals identified by the International Commis15 sion of Inquiry on Darfur (established pursuant to United

16 Nations Security Council Resolution 1564 (2004)), or the

17 names of the individuals designated by the Committee of

18 the United Nations Security Council (established pursuant

19 to United Nations Security Council Resolution 1591

20 (2005)), the Secretary of State shall submit to the appro21 priate congressional committees a report containing an as22 sessment as to whether such individuals may be subject

23 to sanctions under section 6 of the Comprehensive Peace

24 in Sudan Act of 2004 (as amended by the Darfur Peace
†

28

S 1462 ES

1 and Accountability Act of 2005) and the reasons for such

2 determination.’’.

Passed the Senate November 18, 2005.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION S. 1462

AN ACT

To promote peace and accountability in Sudan, and

for other purposes.