[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5996 Introduced in House (IH)]

<DOC>






114th CONGRESS
  2d Session
                                H. R. 5996

  To provide United States support for the full implementation of the 
 Agreement on the Resolution of the Conflict in the Republic of South 
                     Sudan, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 12, 2016

   Mr. Rooney of Florida (for himself, Mr. Smith of New Jersey, Mr. 
   Capuano, and Mr. Engel) introduced the following bill; which was 
 referred to the Committee on Foreign Affairs, and in addition to the 
   Committee on Financial Services, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To provide United States support for the full implementation of the 
 Agreement on the Resolution of the Conflict in the Republic of South 
                     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 ``Halt Arms and Promote Peace in South 
Sudan Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Comprehensive Peace Agreement signed on January 9, 
        2005, provided the framework for a referendum to determine the 
        status of southern Sudan in 2011, in which approximately 99 
        percent of voters chose independence from Sudan.
            (2) Since the onset of the civil war in the Republic of 
        South Sudan, in December 2013, more than 50,000 South Sudanese 
        citizens have been killed and 1,800,000 have been internally 
        displaced, including roughly 200,000 who have sought refuge at 
        civilian protection sites established by the United Nations 
        Mission in the Republic of South Sudan (UNMISS). More than 
        920,000 refugees from South Sudan have fled to neighboring 
        countries to seek asylum.
            (3) Throughout the course of the civil war, both government 
        and opposition forces have been implicated in the recruitment 
        of more than 16,000 child soldiers, and have been found 
        culpable in other egregious human rights violations, including 
        ethnically targeted rape and killing.
            (4) According to recent figures from the United Nations and 
        from the Famine Early Warning Systems Network led by the United 
        States Agency for International Development, 4,800,000 people 
        in South Sudan are experiencing crisis-level food insecurity, 
        and a quarter of a million children are facing severe 
        malnutrition. Emergency acute food insecurity is widespread in 
        parts of the Greater Upper Nile and Greater Bahr el Ghazal 
        regions of South Sudan, while some households in Northern Bahr 
        el Ghazal are on the brink of famine.
            (5) Since December 2013, 59 aid workers have been killed in 
        South Sudan. Despite the Agreement on the Resolution of the 
        Conflict in the Republic of South Sudan signed on August 17, 
        2015, which came into effect on August 26, 2015, violent 
        clashes employing tanks, helicopter gunships, and heavy 
        weaponry have continued throughout the country that routinely 
        and indiscriminately affect civilian neighborhoods and United 
        Nations compounds.
            (6) In February 2016, forces from the Sudan People's 
        Liberation Army (SPLA) attacked a civilian protection site 
        established by UNMISS in Malakal, killing up to 65 people, 
        injuring over 100, and displacing roughly 30,000. The forces 
        also burned down 3,700 shelters across one-third of the site. A 
        report by the United Nations Headquarters Board of Inquiry 
        later found that UNMISS failed to prepare for or mitigate the 
        attack and failed at all levels to manage the crisis 
        effectively.
            (7) In July 2016, violence initiated by SPLA forces and 
        forces from the Sudan People's Liberation Army-In-Opposition 
        (SPLA-IO) in Juba involved an attack in which SPLA forces fired 
        over 50 rounds at an armored United States embassy vehicle, an 
        attack on the Terrain compound in which SPLA soldiers sexually 
        assaulted, beat, and raped aid workers, reportedly targeting 
        Americans, and other attacks on United Nations compounds and 
        UNMISS civilan protection sites. The violence resulted in the 
        deaths of 300 people, including two United Nations peacekeepers 
        and two employees of Doctors Without Borders.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the international community should continue to support 
        civilians, particularly women and children, who have been 
        adversely affected by the civil war in South Sudan and should 
        promote peace and reconciliation dialogues within local civil 
        society;
            (2) it is imperative that African countries and 
        institutions, including the Intergovernmental Authority on 
        Development, the Peace and Security Council of the African 
        Union, and the African Union Commission, are united and firm in 
        enforcing the terms of the Agreement on the Resolution of the 
        Conflict in the Republic of South Sudan (``Peace Agreement'') 
        signed on August 17, 2015, which came into effect on August 26, 
        2015;
            (3) the United Nations Security Council should hold the 
        Government of South Sudan accountable for--
                    (A) obstructing or constraining the operations of 
                the United Nations Mission in the Republic of South 
                Sudan (UNMISS), including by restricting the 
                transportation of wounded United Nations peacekeepers;
                    (B) committing other repeated violations of the 
                status of forces agreement with the United Nations 
                signed on August 8, 2011; and
                    (C) inhibiting the free movement of members of the 
                Ceasefire and Transitional Security Arrangements 
                Monitoring Mechanism established by the Peace 
                Agreement, who are tasked with monitoring and reporting 
                violations of the Peace Agreement and verifying the 
                demilitarization of Juba;
            (4) the Government of South Sudan should--
                    (A) implement a permanent ceasefire as called for 
                in the Peace Agreement;
                    (B) comply with its obligations under the status of 
                forces agreement with the United Nations;
                    (C) bear the primary responsibility as a sovereign 
                state to protect its citizens from gross human rights 
                abuses and forced displacement perpetrated by the 
                warring parties, including the Sudan People's 
                Liberation Army (SPLA) and the Sudan People's 
                Liberation Army-In-Opposition (SPLA-IO);
                    (D) cooperate and support the work of the Joint 
                Monitoring and Evaluation Commission established by the 
                Peace Agreement;
                    (E) establish the Commission for Truth, 
                Reconciliation, and Healing, the Hybrid Court for South 
                Sudan, and the Compensation and Reparation Authority, 
                as called for in the Peace Agreement; and
                    (F) adhere to the ``Communique of the 55th Extra-
                Ordinary Session of the IGAD Council of Ministers'', 
                issued by the Intergovernmental Authority on 
                Development, which urges the parties, ``in the absence 
                of an agreement on the creation of new states, to 
                suspend further action on implementing the 
                operationalization of new states until an inclusive, 
                participatory National Boundary Commission . . . 
                reviews proposed states and their boundaries'';
            (5) any person who committed gross violations of human 
        rights, war crimes, or crimes against humanity in the course of 
        the hostilities, as documented in reports from credible 
        domestic or international bodies, should be held accountable in 
        transparent legal proceedings and should not be able to hold 
        office or positions in the Government of South Sudan or as part 
        of any power sharing agreement;
            (6) given the culpability of the SPLA and the SPLA-IO in 
        the July 2016 attacks in Juba, during which both parties used a 
        variety of weapons (including battle tanks and helicopter 
        gunships equipped with unguided rockets used by SPLA forces) in 
        densely populated areas and in close proximity to United 
        Nations compounds and civilian protection sites, the current 
        transitional security arrangements should be reevaluated and 
        revised to prioritize the demilitarization of Juba and to 
        mitigate the risk of any future harm to civilians by security 
        forces;
            (7) the failure to impose an international arms embargo on 
        South Sudan has resulted in the continued acquisition of arms 
        and military equipment by both parties and the proliferation of 
        weapons throughout the country, and in order to create 
        conditions for the successful implementation of the Peace 
        Agreement and to prevent further violence and human suffering, 
        the United States should lead the international community, 
        particularly allies such as Australia and the European Union, 
        in immediately implementing an arms embargo to prevent the 
        supply, sale, or transfer to any party to hostilities in South 
        Sudan of arms, weapons, or related material (including non-
        lethal equipment intended, or altered by a third party, for 
        military use);
            (8) pursuant to United Nations Security Council Resolution 
        2206 (2015) and Executive Order 13664 (50 U.S.C. 1701 note), 
        the United States should immediately impose targeted economic 
        sanctions, travel limitations, and asset freezes on senior 
        officials of the Government of South Sudan and officials 
        throughout the chain of command, who have--
                    (A) neglected to abide by the terms of the Peace 
                Agreement;
                    (B) violated the ceasefire;
                    (C) threatened the peace, security or stability of 
                South Sudan; or
                    (D) failed to cause forces under their direct or 
                indirect control to cease military operations, acts of 
                violence, human rights violations or abuses, or 
                violations of international humanitarian law;
            (9) given the investment of United States resources in the 
        success of South Sudan, including more than $1,700,000,000 in 
        humanitarian assistance since December 2013, it is incumbent on 
        the United States to take all necessary actions to help prevent 
        further violence and restore a lasting political and social 
        order in South Sudan; and
            (10) the United States should complement the work of the 
        United Nations High Commissioner for Refugees, the United 
        Nations Office for the Coordination of Humanitarian Affairs, 
        UNMISS, and other relevant international partners, to provide 
        for the protection of civilians and assist displaced persons to 
        return home and to provide information to communities in order 
        for such displaced persons to make informed, safe, and 
        voluntary decisions regarding their return.

SEC. 4. EXPORT LICENSE REQUIREMENTS AND COORDINATED SANCTIONS.

    (a) Export of Defense Items and Dual-Use Goods and Technologies.--
            (1) Dual-use goods.--A validated license shall be required 
        for the export to South Sudan of any goods or technology 
        described in section 6(j)(1)(B) of the Export Administration 
        Act of 1979 (50 U.S.C. 4605(j)(1)(B)) (as continued in effect 
        pursuant to the International Emergency Economic Powers Act (50 
        U.S.C. 1701 et seq.)).
            (2) Defense items.--No license may be issued for the export 
        to South Sudan of any item on the United States Munitions List 
        (maintained pursuant to part 121 of title 22, Code of Federal 
        Regulations).
    (b) Implementation of Coordinated Sanctions by European Union.--The 
Secretary of State, in coordination with the Secretary of the Treasury, 
should seek to engage with the relevant representatives of the European 
Union, the African Union, and any other relevant institution to achieve 
a coordinated imposition of asset blocking and travel ban sanctions on 
persons identified by the President pursuant to section 6(a)(1).
    (c) Implementation of Sanctions at the United Nations.--The 
President shall direct the United States Permanent Representative to 
the United Nations to use the voice, vote, and influence of the United 
States to seek--
            (1) the robust imposition of targeted sanctions with 
        respect to all parties to hostilities in South Sudan, in 
        accordance with United Nations Security Council Resolution 2206 
        (2015); and
            (2) an arms embargo against the Government of South Sudan 
        and all other parties to hostilities in South Sudan, including 
        against persons knowingly facilitating or financing the supply, 
        sale, or transfer to any party to hostilities in South Sudan of 
        arms, weapons, or related material (including non-lethal 
        equipment intended, or altered by a third party, for military 
        use).

SEC. 5. CONDITIONS FOR SUPPORT FOR THE RECOVERY AND RECONSTRUCTION OF 
              SOUTH SUDAN.

    (a) United States Programs To Support Reconstruction.--Not later 
than 60 days after the date on which the Secretary of State submits a 
determination under subsection (c)(2), the Secretary shall--
            (1) develop a strategy, in coordination with the 
        Administrator of the United States Agency for International 
        Development, to strengthen food security and food stock 
        resilience in South Sudan by--
                    (A) addressing the immediate needs of the most 
                vulnerable food-insecure communities suffering from the 
                civil war, as identified by the Famine Early Warning 
                Systems Network;
                    (B) developing the long-term capacity of the 
                agricultural and livestock sectors in South Sudan; and
                    (C) supporting livelihoods based on sustainable 
                agriculture for the people of South Sudan;
            (2) assess the suitability, in consultation with the 
        Administrator, of the participation of South Sudan in the 
        ``Feed the Future'' initiative developed pursuant to the Global 
        Food Security Act of 2016 (22 U.S.C. 9301 et. seq.);
            (3) facilitate the participation of South Sudan in the 
        ``Power Africa'' program, as authorized by the Electrify Africa 
        Act of 2015 (22 U.S.C. 2293 note), with a special emphasis on 
        participation in activities that are also part of the ``Beyond 
        the Grid'' initiative; and
            (4) facilitate the participation of South Sudan in the 
        ``Trade Africa'' program announced by the President in 2013, 
        with a special emphasis on promoting micro-enterprise 
        development, infrastructure, and support of private enterprise, 
        in order to expand trade and investment in South Sudan, promote 
        regional integration, and foster the trade competitiveness of 
        South Sudan.
    (b) Programs and Activities of International Financial 
Institutions.--Not later than 30 days after the date on which the 
Secretary of State submits a determination under subsection (c)(2), the 
Secretary of the Treasury shall instruct the United States Executive 
Directors at the International Bank for Reconstruction and Development 
and the African Development Bank to use the voice, vote, and influence 
of the United States at the respective institution to support programs, 
activities, and technical assistance for the development and recovery 
of South Sudan or to build the capacity of financial or economic 
institutions in South Sudan.
    (c) Determination With Respect to Uninterrupted Ceasefire.--
            (1) In general.--The Secretary shall monitor and assess the 
        situation in South Sudan until the Secretary determines that 
        both of the following conditions have been satisfied:
                    (A) There has been an uninterrupted ceasefire in 
                South Sudan for at least 180 days.
                    (B) The Government of South Sudan has made 
                significant progress in implementing the Peace 
                Agreement and has ensured that individuals who violated 
                international human rights law or international 
                humanitarian law during the civil war were held 
                accountable for such violations.
            (2) Determination.--The Secretary shall submit the 
        determination under paragraph (1) to the appropriate 
        congressional committees.

SEC. 6. REPORTING REQUIREMENTS.

    (a) Report on Imposition of Sanctions.--Not later than 60 days 
after the date of the enactment of this Act, and every 180 days 
thereafter until the date of termination described in subsection (f), 
the President shall submit to the appropriate congressional committees 
a report that includes--
            (1) a list of each person the President determines has--
                    (A) undermined the implementation of the Peace 
                Agreement through any involvement in violating the 
                provisions of an ongoing ceasefire in South Sudan; or
                    (B) knowingly facilitated or financed the supply, 
                sale, or transfer to any party to hostilities in South 
                Sudan of arms, weapons, or related material (including 
                non-lethal equipment intended, or altered by a third 
                party, for military use);
            (2) a determination whether the actions of each such person 
        meets the requirements to impose sanctions under the 
        International Emergency Economic Powers Act (50 U.S.C. 1701 et 
        seq.) in accordance with Executive Order 13664 (50 U.S.C. 1701 
        note), and an explanation of the specific reasons for such 
        determination; and
            (3) a description of any sanctions imposed on each such 
        person or an explanation of the specific reasons for the 
        determination not to impose sanctions on one or more such 
        persons.
    (b) Report on Activities and Finances of Persons Supplying Arms to 
South Sudan.--Not later than 180 days after the date of the enactment 
of this Act, and annually thereafter until the date of termination 
described in subsection (f), the President shall submit to the 
appropriate congressional committees a report that--
            (1) identifies and describes the actions or involvement of 
        any person who facilitated or financed the supply, sale, or 
        transfer to any party to hostilities in South Sudan of arms, 
        weapons, or related material (including non-lethal equipment 
        intended, or altered by a third party, for military use), if 
        any such items were subsequently used to--
                    (A) direct, carry out, or order acts that violate 
                international human rights law or international 
                humanitarian law;
                    (B) direct, carry out, or order the use or 
                recruitment of children by armed groups or armed forces 
                in the context of the civil war in South Sudan;
                    (C) direct, carry out, or order significant acts of 
                corruption; or
                    (D) direct, carry out, or order attacks on 
                humanitarian workers, raids on humanitarian facilities, 
                or the obstruction of the delivery of humanitarian 
                assistance; and
            (2) identifies any South Sudanese financial institution or 
        other financial institution in which any person whose action or 
        involvement is described in paragraph (1) holds significant 
        assets and assesses of the value of such assets.
    (c) Report on Progress Towards Peace in South Sudan.--Not later 
than 180 days after the date of the enactment of this Act, and every 
180 days thereafter until the date of termination described in 
subsection (f), the Secretary of State shall submit to the appropriate 
congressional committees a report that includes--
            (1) a description of the progress made by the Government of 
        South Sudan in establishing the institutions described in 
        section section 3(4)(E) and the progress made by such 
        institutions in holding individuals accountable for committing 
        atrocities, human rights violations, or crimes against humanity 
        during the civil war in South Sudan;
            (2) an assessment of degree to which the Government of 
        South Sudan has--
                    (A) complied with the recommendations provided in 
                the Communique described in section section 3(4)(F);
                    (B) supported the work of the Ceasefire and 
                Transitional Security Arrangements Monitoring Mechanism 
                and the Joint Monitoring and Evaluation Commission 
                established by the Peace Agreement to demilitarize 
                Juba; and
                    (C) implemented any changes to the transitional 
                security arrangements in accordance with section 
                section 3(6); and
            (3) a description of the progress made by the Government of 
        South Sudan in amalgamating security forces.
    (d) Report on Collection and Publication of Data Related to the 
Civil War.--Not later than 180 days after the date of the enactment of 
this Act, the Secretary of State shall submit to the appropriate 
congressional committees a report, incorporating information from the 
United Nations, the African Union, and other credible international 
bodies, documenting the atrocities committed during the civil war in 
South Sudan and including--
            (1) an assessment of the incidence and causes of severe 
        food insecurity in South Sudan;
            (2) an assessment of the number of ceasefire violations and 
        attacks against civilians;
            (3) the total number of deaths incurred since the onset of 
        the civil war;
            (4) the number of victims of sexual violence committed by 
        any party to hostilities; and
            (5) the number of documented violations of international 
        humanitarian and human rights law.
    (e) Classified Annex for Reports.--Each report required under this 
subsection shall be submitted in unclassified form and may include a 
classified annex.
    (f) Date of Termination.--The date of termination described in this 
subsection is the date on which the Secretary of State submits the 
determination under section 5(c)(2).
    (g) Assessment of Money Laundering Concerns.--Not later than 180 
days after the date of the enactment of this Act, the Secretary of the 
Treasury, in consultation with the Secretary of State and the Attorney 
General, shall determine whether South Sudan is a jurisdiction of 
primary money laundering concern in accordance with section 5318A(c) of 
title 31, United States Code, and submit the determination to the 
appropriate congressional committees.
    (h) Definitions.--In this subsection:
            (1) Financial institution.--The term ``financial 
        institution'' includes depository institutions, banks, savings 
        banks, money service businesses, trust companies, securities 
        brokers and dealers, commodities exchanges, clearing 
        corporations, investment companies, and employee benefit plans, 
        and any holding company, affiliate, or subsidiary of any such 
        entity.
            (2) South sudanese financial institution.--The term ``South 
        Sudanese financial institution'' means any financial 
        institution that--
                    (A) is located in South Sudan;
                    (B) is owned or controlled by the Government of 
                South Sudan;
                    (C) is organized under the laws of South Sudan or 
                any jurisdiction within South Sudan (including a 
                foreign branch of such an institution); or
                    (D) is owned or controlled by a financial 
                institution meeting the requirements described in 
                subparagraph (A), (B), or (C).

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs and the 
                Committee on Appropriations of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Committee on Appropriations of the Senate.
            (2) Government of south sudan.--The term ``Government of 
        South Sudan'' includes the Transitional Government of National 
        Unity, the Government in Juba, South Sudan as of the date of 
        the enactment of this Act, and any successor government that is 
        formed on or after the date of the enactment of this Act that 
        is recognized by the United States as the Government of the 
        Republic of South Sudan.
            (3) Peace agreement.--The term ``Peace Agreement'' means 
        the Agreement on the Resolution of the Conflict in the Republic 
        of South Sudan signed on August 17, 2015, which came into 
        effect on August 26, 2015.
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