[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 895 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 895

To provide for the continuation of restrictions against the Republic of 
   Sudan unless the President certifies to Congress that Sudan is no 
    longer engaged in training, harboring, supplying, financing, or 
           supporting in any way the Lord's Resistance Army.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 3, 2011

Mr. Royce (for himself and Mr. McGovern) introduced the following bill; 
         which was referred to the Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
To provide for the continuation of restrictions against the Republic of 
   Sudan unless the President certifies to Congress that Sudan is no 
    longer engaged in training, harboring, supplying, financing, or 
           supporting in any way the Lord's Resistance Army.

    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 ``Sudan Cessation of Support for the 
Lord's Resistance Army Certification Act of 2011''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) On August 12, 1993, Sudan was designated by the 
        Secretary of State pursuant to section 6(j) of the Export 
        Administration Act of 1979, section 620A of the Foreign 
        Assistance Act of 1961, section 40 of the Arms Export Control 
        Act, and other provisions of law, as a country that has 
        repeatedly provided support for acts of international 
        terrorism, more commonly known as a ``state sponsor of 
        terrorism''.
            (2) For over two decades, the Lord's Resistance Army (LRA) 
        has terrorized northern Uganda and central Africa, killing 
        civilians and using brutal tactics such as mutilating, 
        abducting, and forcing individuals into sexual servitude and 
        forcing as many as 65,000 children to fight as part of the 
        rebel force.
            (3) In recognition of those atrocities, the Secretary of 
        State has since 2001 included the Lord's Resistance Army on the 
        ``Terrorist Exclusion List'' pursuant to section 212(a)(3) of 
        the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)).
            (4) Similarly, the leader of the LRA, Joseph Kony, has been 
        designated a ``specially designated global terrorist'', 
        pursuant to Executive Order 13224, and found by the Secretary 
        of State to pose ``a significant risk of committing, acts of 
        terrorism that threaten the security of United States nationals 
        or the national security, foreign policy, or economy of the 
        United States''.
            (5) The Government of Sudan has a history of supporting the 
        LRA as a proxy force against the Ugandan Government, and in an 
        effort to destabilize Southern Sudan, providing weapons, 
        supplies, intelligence, and safe haven to members of the group, 
        making it the only documented state-supporter of the LRA.
            (6) According to the International Crisis Group, the 
        Sudanese Armed Forces provided material support to the LRA as 
        late as 2005.
            (7) In its November 2010 report, the United Nations Group 
        of Experts on the Democratic Republic of the Congo asserted 
        that high-level LRA members met with Sudanese Armed Forces 
        commanders in the Darfur region of Sudan and sought ``to re-
        establish relations with the Sudanese authorities and to 
        request assistance, including safe passage and political asylum 
        for Joseph Kony''.
            (8) The finding of paragraph (7) has been echoed by former 
        LRA commanders and abductees.
            (9) The Ugandan military, which is leading the regional 
        counter-LRA effort, is operational in Southern Sudan through an 
        agreement with the Governments of Sudan and Southern Sudan, but 
        it is not operational in South Darfur, making it a possible 
        safe haven for LRA fighters.
            (10) Pursuant to the Lord's Resistance Army Disarmament and 
        Northern Uganda Recovery Act of 2009 (Public Law 111-172), 
        which was signed into law May 24, 2010, it is the policy of the 
        United States to ``disarm and demobilize'' the Lord's 
        Resistance Army.
            (11) The Obama Administration has announced that the United 
        States is willing to begin the process to remove Sudan from the 
        list of state sponsors of terrorism provided that Sudan allows 
        the referendum on Southern Sudan's independence to proceed 
        peacefully and accepts the results.
            (12) In an open session convened by the House Foreign 
        Affairs Committee on January 18, 2011, Ambassador Princeton 
        Lyman, Department of State Special Advisor for Sudan, indicated 
        that Sudan could be removed from the state sponsor of terrorism 
        list by July 2011, but stated that, ``any support of [the LRA] 
        by proxies or other such entities would preclude our following 
        through on [removing Sudan from the state sponsor of terrorism 
        list]''.

SEC. 3. CONTINUATION OF RESTRICTIONS AGAINST THE REPUBLIC OF SUDAN.

    (a) In General.--Restrictions against the Republic of Sudan that 
were imposed before, on, or after the date of the enactment of this Act 
by reason of a determination of the Secretary of State that the 
Republic of Sudan, for purposes of section 6(j) of the Export 
Administration Act of 1979, section 40 of the Arms Export Control Act, 
section 620A of the Foreign Assistance Act of 1961, or other provision 
of law, is a government that has repeatedly provided support for acts 
of international terrorism, shall remain in effect, and may not be 
lifted pursuant to such provisions of law, unless, in addition to 
meeting the applicable requirements under such provisions of law to 
lift such restrictions, the President submits to Congress a written 
certification described in subsection (b).
    (b) Certification.--A certification referred to in subsection (a) 
is a certification that contains a determination of the President that 
the Republic of Sudan is no longer engaged in training, harboring, 
supplying, financing, or supporting in any way the Lord's Resistance 
Army, its leader Joseph Kony, or his top commanders.
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