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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1462 Introduced in Senate (IS)]

109th CONGRESS
  1st Session
                                S. 1462

 To promote peace and accountability in Sudan, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 21, 2005

 Mr. Brownback (for himself, Mr. Corzine, Mr. DeWine, Mr. Durbin, Mr. 
  Coburn, Mr. Lautenberg, Mr. Schumer, Mr. Bingaman, Mr. Coleman, Mr. 
Talent, Mr. Salazar, Mrs. Dole, and Mr. Bayh) introduced the following 
  bill; which was read twice and referred to the Committee on Foreign 
                               Relations

_______________________________________________________________________

                                 A BILL

 
 To promote peace and accountability in 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.

    This Act may be cited as the ``Darfur Peace and Accountability Act 
of 2005''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        International Relations of the House of Representatives and the 
        Committee on Foreign Relations of the Senate.
            (2) Government of sudan.--
                    (A) In general.--The term ``Government of Sudan'' 
                means the National Congress Party, formerly known as 
                the National Islamic Front, government in Khartoum, 
                Sudan, or 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), except that 
                such term does not include the regional Government of 
                Southern Sudan.
                    (B) Officials of the government of sudan.--The term 
                ``Government of Sudan'', when used with respect to an 
                official of the Government of Sudan, does not include 
                an individual--
                            (i) who was not a member of such government 
                        prior to July 1, 2005; or
                            (ii) who is a member of the regional 
                        Government of Southern Sudan.
            (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 Sudan 
        People's Liberation Movement/Army (SPLM/A) in Nairobi, Kenya, 
        on January 9, 2005.

SEC. 3. FINDINGS.

    Congress makes the following findings:
            (1) On July 22, 2004, the House of Representatives and the 
        Senate declared that the atrocities occurring in the Darfur 
        region of Sudan are genocide.
            (2) On September 9, 2004, Secretary of State Colin L. 
        Powell stated before the Committee on Foreign Relations of the 
        Senate, ``[w]hen we reviewed the evidence compiled by our team, 
        along with other information available to the State Department, 
        we concluded that genocide has been committed in Darfur and 
        that the Government of Sudan and the [Janjaweed] bear 
        responsibility--and genocide may still be occurring''.
            (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, 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, determining 
        that the Government of Sudan had failed to meet its obligations 
        under Security Council Resolution 1556, 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 and 1564, including such actions as to affect 
        Sudan's petroleum sector or individual members of the 
        Government of Sudan.
            (6) On February 1, 2005, the United Nations released the 
        Report of the International Commission of Inquiry on Darfur, 
        which had been submitted to the United Nations Secretary-
        General on January 25, 2005.
            (7) The Report of the International Commission of Inquiry 
        on Darfur 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 Sudanese 
        officials and other individuals may have acted with ``genocidal 
        intent''.
            (8) The Report of the International Commission of Inquiry 
        on Darfur further notes that, pursuant to its mandate and in 
        the course of its work, the Commission had collected 
        information relating to individual perpetrators of acts 
        constituting ``violations of international human rights law and 
        international humanitarian law, including crimes against 
        humanity and war crimes'' and that a sealed file containing the 
        names of those individual perpetrators had been delivered to 
        the United Nations Secretary-General.
            (9) On March 24, 2005, the United Nations Security Council 
        passed Security Council Resolution 1590, establishing the 
        United Nations Mission in Sudan (UNMIS), consisting of up to 
        10,000 military personnel and 715 civilian police and tasked 
        with supporting implementation of the Comprehensive Peace 
        Agreement for Sudan and ``closely and continuously liais[ing] 
        and coordinat[ing] at all levels with the African Union Mission 
        in Sudan (AMIS) with a view towards expeditiously reinforcing 
        the effort to foster peace in Darfur''.
            (10) On March 29, 2005, the United Nations Security Council 
        passed Security Council Resolution 1591, extending the military 
        embargo established by Security Council Resolution 1556 to all 
        the parties to the N'djamena Ceasefire Agreement 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 
        and 1591.
            (11) On March 31, 2005, the United Nations Security Council 
        passed Security Council Resolution 1593, 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.
            (12) In remarks before the G-8 Summit on June 30, 2005, 
        President Bush reconfirmed that ``the violence in Darfur is 
        clearly genocide'' and ``the human cost is beyond 
        calculation''.

SEC. 4. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the atrocities unfolding in the Darfur region of Sudan 
        have been and continue to be genocide;
            (2) the African Union should rapidly expand the size and 
        amend the mandate of the African Union Mission in Sudan (AMIS) 
        to authorize such action as may be necessary to protect 
        civilians and humanitarian operations, and deter violence in 
        the Darfur region without delay;
            (3) the international community, including the United 
        Nations, the North Atlantic Treaty Organization (NATO), the 
        European Union, and the United States, should immediately act 
        to mobilize sufficient political, military, and financial 
        resources to support the expansion of the African Union Mission 
        in Sudan so that it achieves the size, strength, and capacity 
        necessary for protecting civilians and humanitarian operations, 
        and ending the continued violence in the Darfur region;
            (4) if an expanded and reinforced African Union Mission in 
        Sudan fails to stop genocide in the Darfur region, the 
        international community should take additional, dispositive 
        measures to prevent and suppress acts of genocide in the Darfur 
        region;
            (5) 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 the Janjaweed and associated militias, 
        grant free and unfettered access for deliveries of humanitarian 
        assistance in the Darfur region, and allow for safe, unimpeded, 
        and voluntary return of refugees and internally displaced 
        persons;
            (6) 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 (March 29, 
        2005);
            (7) 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, 
        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), as well as marginalized peoples in and 
        around Khartoum, or for humanitarian purposes in Sudan, until 
        such time as the Government of Sudan has honored pledges to 
        cease attacks upon civilians, demobilize the Janjaweed and 
        associated militias, grant free and unfettered access for 
        deliveries of humanitarian assistance in the Darfur region, and 
        allow for safe, unimpeded, and voluntary return of refugees and 
        internally displaced persons;
            (8) 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 five years for the purpose of contributing professional 
        skills needed for the reconstruction of southern Sudan;
            (9) the President should appoint a Presidential Envoy for 
        Sudan to provide stewardship of efforts to implement the 
        Comprehensive Peace Agreement for Sudan, seek ways to bring 
        stability and peace to the Darfur region, address instability 
        elsewhere in Sudan and northern Uganda, and pursue a truly 
        comprehensive peace throughout the region;
            (10) the international community should strongly condemn 
        attacks against humanitarian workers and demand that all armed 
        groups in the Darfur region, including the forces of the 
        Government of Sudan, the Janjaweed, associated militias, the 
        Sudan Liberation Movement/Army (SLM/A), the Justice and 
        Equality Movement (JEM), and all other armed groups to refrain 
        from such attacks;
            (11) the United States should fully support the 
        Comprehensive Peace Agreement for Sudan and urge rapid 
        implementation of its terms; and
            (12) the Sudan People's Liberation Movement should seek to 
        play a constructive role in bringing about a political 
        settlement to the crisis in the Darfur region.

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 Sudanese Government'' after 
        ``Assets'';
            (2) by redesignating subsections (c) through (e) as 
        subsections (d) through (f), respectively; and
            (3) by inserting after subsection (b) the following new 
        subsection:
    ``(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 2005, and in the interest of contributing 
        to peace in Sudan, the President shall, consistent with the 
        authorities granted in the International Emergency Economic 
        Powers Act (50 U.S.C. 1701 et seq.), block the assets of any 
        individual who the President determines is responsible, either 
        by commission or omission, for acts of genocide, war crimes, or 
        crimes against humanity in Sudan, 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 2005, and in the interest of contributing 
        to peace in Sudan, the President shall deny visas and entry to 
        any individual who the President determines is responsible, 
        either by commission or omission, for acts of genocide, war 
        crimes, or crimes against humanity in Sudan, 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 new sentence: ``The President may waive the 
application of paragraph (1) or (2) of subsection (c) with respect to 
an individual if, prior to exercising the waiver, the President 
transmits to the appropriate congressional committees a notification of 
the waiver which includes the name of the individual and the reasons 
for the waiver.''.

SEC. 6. ADDITIONAL AUTHORITIES TO DETER AND SUPPRESS GENOCIDE IN 
              DARFUR.

    (a) United States Assistance to Support AMIS.--Section 7 of the 
Comprehensive Peace in Sudan Act of 2004 (Public Law 108-497; 50 U.S.C. 
1701 note) is amended--
            (1) by striking ``Notwithstanding'' and inserting ``(a) 
        General Assistance.--Notwithstanding''; and
            (2) by adding at the end the following new subsection:
    ``(b) Assistance to Support AMIS.--Notwithstanding any other 
provision of law, the President is authorized to provide assistance, on 
such terms and conditions as the President may determine and in 
consultation with the appropriate congressional committees, to 
reinforce the deployment and operations of an expanded African Union 
Mission in Sudan (AMIS) with the mandate, size, strength, and capacity 
to protect civilians and humanitarian operations, stabilize the Darfur 
region of Sudan and dissuade and deter air attacks directed against 
civilians and humanitarian workers, including but not limited to 
providing assistance in the areas of logistics, transport, 
communications, materiel support, technical assistance, training, 
command and control, aerial surveillance, and intelligence.''.
    (b) NATO Assistance to Support AMIS.--The President shall instruct 
the United States Permanent Representative to the North Atlantic Treaty 
Organization (NATO) to use the voice, vote, and influence of the United 
States at NATO to advocate NATO reinforcement of the African Union 
Mission in Sudan (AMIS), upon the request of the African Union, 
including but not limited to the provision of assets to dissuade and 
deter offensive air strikes directed against civilians and humanitarian 
workers in the Darfur region of Sudan and other logistical, 
transportation, communications, training, technical assistance, command 
and control, aerial surveillance, and intelligence support.
    (c) 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, to 
        ensure that the Government of Sudan neither directly nor 
        indirectly utilizes any oil revenues to purchase or acquire 
        offensive military equipment or to finance offensive military 
        activities.
            (2) Exception.--Paragraph (1) shall not apply with respect 
        to cargo ships or oil tankers involved in an internationally-
        recognized demobilization program or the shipment of non-lethal 
        assistance necessary to carry out elements of the Comprehensive 
        Peace Agreement for Sudan.
    (d) 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 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 (July 30, 2004) and 1591 (March 29, 
        2005).
            (2) Waiver.--The President may waive the application of 
        paragraph (1) if the President determines and certifies to the 
        appropriate congressional committees that it is in the national 
        security interests of the United States to do so.

SEC. 7. MULTILATERAL EFFORTS.

    The President shall direct the United States Permanent 
Representative to the United Nations to use the voice and vote of the 
United States to urge the adoption of a resolution by the United 
Nations Security Council which--
            (1) supports the expansion of the African Union Mission in 
        Sudan (AMIS) so that it achieves the mandate, size, strength, 
        and capacity needed to protect civilians and humanitarian 
        operations, and dissuade and deter fighting and violence in the 
        Darfur region of Sudan, and urges member states of the United 
        Nations to accelerate political, material, financial, and other 
        assistance to the African Union toward this end;
            (2) reinforces efforts of the African Union to negotiate 
        peace talks between the Government of Sudan, the Sudan 
        Liberation Movement/Army (SLM/A), the Justice and Equality 
        Movement (JEM), and associated armed groups in the Darfur 
        region, calls on the Government of Sudan, the SLM/A, and the 
        JEM to abide by their obligations under the N'Djamena Ceasefire 
        Agreement of April 8, 2004 and subsequent agreements, urges all 
        parties to engage in peace talks without preconditions and seek 
        to resolve the conflict, and strongly condemns all attacks 
        against humanitarian workers in the Darfur region;
            (3) imposes sanctions against the Government of Sudan, 
        including sanctions against individual members of the 
        Government of Sudan, and entities controlled or owned by 
        officials of the Government of Sudan or the National Congress 
        Party in Sudan;
            (4) extends the military embargo established by United 
        Nations Security Council Resolutions 1556 (July 30, 2004) and 
        1591 (March 29, 2005) to include a total prohibition 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 non-lethal assistance 
        necessary to carry out elements of the Comprehensive Peace 
        Agreement for Sudan;
            (5) calls upon those member states of the United Nations 
        that continue to undermine efforts to foster peace in Sudan by 
        providing military assistance and equipment to the Government 
        of Sudan, the SLM/A, the JEM, and associated armed groups in 
        the Darfur region in violation of the embargo on such 
        assistance and equipment, as called for in United Nations 
        Security Council Resolutions 1556 and 1591, to immediately 
        cease and desist; and
            (6) acting under Article 5 of the Charter of the United 
        Nations, calls 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 the Janjaweed and 
        associated militias, grant free and unfettered access for 
        deliveries of humanitarian assistance in the Darfur region, and 
        allow for safe, unimpeded, and voluntary return of refugees and 
        internally displaced persons.

SEC. 8. REPORTS.

    (a) Report on African Union Mission in Sudan (AMIS) .--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 (d); and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Report on African Union Mission in Sudan (AMIS).--Not later 
than 30 days after the date of the enactment of the Darfur Peace and 
Accountability Act of 2005, and in conjunction with reports required 
under subsections (a) and (b) of this section thereafter, the Secretary 
of State shall submit to the appropriate congressional committees a 
report, to be prepared in conjunction with the Secretary of Defense, 
on--
            ``(1) efforts to fully deploy the African Union Mission in 
        Sudan (AMIS) with the size, strength, and capacity necessary to 
        stabilize the Darfur region of Sudan and protect civilians and 
        humanitarian operations;
            ``(2) the needs of AMIS to ensure success, including in the 
        areas of housing, transport, communications, equipment, 
        technical assistance, training, command and control, 
        intelligence, and such assistance as is necessary to dissuade 
        and deter attacks, including by air, directed against civilians 
        and humanitarian operations;
            ``(3) the current level of United States assistance and 
        other assistance provided to AMIS, and a request for additional 
        United States assistance, if necessary;
            ``(4) the status of North Atlantic Treaty Organization 
        (NATO) plans and assistance to support AMIS; and
            ``(5) the performance of AMIS in carrying out its mission 
        in the Darfur region.''.
    (b) Report on Sanctions in Support of Peace in Darfur.--Section 8 
of the Sudan Peace Act (Public Law 107-245; 50 U.S.C. 1701 note), as 
amended by subsection (a), is further amended--
            (1) by redesignating subsection (d) (as redesignated) as 
        subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Report on Sanctions in Support of Peace in Darfur.--Not later 
than 30 days after the date of the enactment of the Darfur Peace and 
Accountability Act of 2005, and in conjunction with reports required 
under subsections (a), (b), and (c) of this section thereafter, the 
Secretary of State shall submit to the appropriate congressional 
committees a report regarding sanctions imposed under subsections (a) 
through (d) of section 6 of the Comprehensive Peace in Sudan Act of 
2004, including--
            ``(1) a description of each sanction imposed under such 
        provisions of law; and
            ``(2) the name of the individual or entity subject to the 
        sanction, if applicable.''.
    (c) Report on Individuals Identified by the United Nations as 
Responsible for Genocide, War Crimes, and Crimes Against Humanity in 
Darfur.--Section 8 of the Sudan Peace Act (Public Law 107-245; 50 
U.S.C. 1701 note), as amended by subsections (a) and (b), is further 
amended--
            (1) by redesignating subsection (e) (as redesignated) as 
        subsection (f); and
            (2) by inserting after subsection (d) the following new 
        subsection:
    ``(e) Report on Individuals Identified by the United Nations as 
Responsible for Genocide, War Crimes, and Crimes Against Humanity in 
Darfur.--Not later than 30 days after the date on which the United 
States has access to any of the names of the individuals identified by 
the International Commission of Inquiry on Darfur (established pursuant 
to United Nations Security Council Resolution 1564 (2004)), or the 
names of the individuals designated by the Committee of the United 
Nations Security Council (established pursuant to United Nations 
Security Council Resolution 1591 (2005)), the Secretary of State shall 
submit to the appropriate congressional committees a report containing 
the determination of the President as to whether such individuals are 
subject to sanctions under section 6 of the Comprehensive Peace in 
Sudan Act of 2004 (as amended by the Darfur Peace and Accountability 
Act of 2005) and the reasons for such determination.''.
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