Short title

This Act may be cited as the

Darfur Peace and Accountability Act of 2005

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.

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.

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.

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..

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.

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.

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.