[Congressional Record Volume 167, Number 213 (Thursday, December 9, 2021)]
[Senate]
[Pages S9082-S9085]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  REITERATING UNITED STATES SUPPORT FOR THE PEOPLE OF THE REPUBLIC OF 
SOUTH SUDAN IN THEIR QUEST FOR LASTING PEACE, STABILITY, AND DEMOCRACY 
   AFTER 10 YEARS OF INDEPENDENCE AND CALLING FOR A REVIEW OF UNITED 
                    STATES POLICY TOWARD SOUTH SUDAN

  Mr. SCHUMER. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of Calendar No. 160, S. Res. 380.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 380) reiterating United States 
     support for the people of the Republic of South Sudan in 
     their quest for lasting peace, stability, and democracy after 
     10 years of independence and calling for a review of United 
     States policy toward South Sudan.

  There being no objection, the Senate proceeded to consider the 
resolution, which had been reported from the Committee on Foreign 
Relations with an amendment to strike all after the resolving clause 
and insert the part printed in italic, and with an amendment to strike 
the preamble and insert the part printed in italic, as follows:
       [$6,000,000,000 in emergency humanitarian assistance since 
     the start of the civil war in December 2013;
       [Whereas, on July 9, 2021, the United Nations Mission in 
     South Sudan marked 10 years in existence at a total cost of 
     more than $10,300,000,000, and total United States 
     contributions are estimated to exceed $3,300,000,000 through 
     2021;
       [Whereas the leaders of South Sudan have consistently 
     failed to uphold their responsibilities to create the 
     conditions for peace and prosperity, have prioritized self-
     preservation and corruption over the needs of the people they 
     represent, have acted in bad faith in the implementation of 
     cease-fire and peace agreements, and have betrayed the cause 
     of freedom, resulting in the loss of millions of innocent 
     lives;
       [Whereas South Sudan has not held an election since its 
     independence and the current leaders of South Sudan were 
     appointed or installed through transitional arrangements 
     based on peace agreements;
       [Whereas South Sudan merits consistent high-level attention 
     given the central role the United States played in diplomatic 
     efforts leading to the independence of South Sudan and the 
     enormous investments in humanitarian and other assistance the 
     United States has provided to South Sudan; and
       [Whereas, on July 9, 2021, South Sudan celebrated the 10th 
     anniversary of its independence: Now, therefore, be it]
       Whereas the Republic of South Sudan became the newest 
     country in the world on July 9, 2011, following the 
     Referendum on the Self-Determination of Southern Sudan, in 
     which 99 percent of Southern Sudanese voters voted in favor 
     of secession from Sudan;
       Whereas the 21-year civil war in Sudan, the longest-running 
     conflict in Africa, caused approximately 2,000,000 deaths and 
     mass population displacement of approximately 550,000 
     refugees and 4,000,000 internally displaced persons;
       Whereas the United States played a significant role in 
     supporting the resolution of Sudan's civil war, facilitating 
     peace negotiations, serving as a guarantor to the 
     Comprehensive Peace Agreement between the Government of the 
     Republic of the Sudan and the Sudan People's Liberation 
     Movement/Sudan People's Liberation Army signed in January 
     2005, and providing substantial resources for the 
     implementation of that agreement alongside other 
     international partners;
       Whereas, on December 15, 2013, just 28 months following 
     independence, the political power struggle between President 
     Salva Kiir and Vice President Riek Machar, both of the Sudan 
     People's Liberation Movement (SPLM), erupted into open 
     conflict between ethnically allied Dinka and Nuer factions of 
     the security services and quickly escalated into civil war;
       Whereas, on August 17, 2015, after months of mediation by 
     the Intergovernmental Authority on Development, the Agreement 
     on the Resolution of the Conflict in the Republic of South 
     Sudan was signed by President Kiir, Riek Machar for SPLM-In 
     Opposition (SPLM-IO), and Pagan Amum for SPLM-Former 
     Detainees;
       Whereas the parties to the Agreement on the Resolution of 
     the Conflict in the Republic of South Sudan demonstrated a 
     lack of political will for sustainable peace, delaying 
     implementation of the agreement, and in July 2016, new 
     clashes in Juba quickly spread, returning the country to 
     civil war;
       Whereas the Revitalized Agreement on the Resolution of the 
     Conflict in the Republic of South Sudan, signed on September 
     12, 2018, reasserted the Parties' commitment to a permanent 
     ceasefire, humanitarian access, and respect for human rights, 
     and called for the establishment of a Revitalized 
     Transitional Government of National Unity to lead South Sudan 
     to democratic elections after 44 months;
       Whereas Kiir's presidential term has been extended 3 times 
     since South Sudan's independence, twice through amendments to 
     the Transitional Constitution of South Sudan and most 
     recently through an extension of the Transitional Period 
     under the Revitalized Agreement on the

[[Page S9083]]

     Resolution of the Conflict in the Republic of South Sudan to 
     2023;
       Whereas, despite years of fighting, the widespread 
     suffering of South Sudanese civilians, punitive actions by 
     the international community, and 2 peace agreements, the 
     leaders of South Sudan have failed to build sustainable 
     peace, and critical provisions of the Revitalized Agreement 
     on the Resolution of the Conflict in the Republic of South 
     Sudan remain unimplemented;
       Whereas the conflict in South Sudan resulted in the deaths 
     of at least 383,000 people from December 2013 to April 2018, 
     according to a report by the London School of Hygiene and 
     Tropical Medicine, and caused one of the worst displacement 
     crises in the world with 1,600,000 internally displaced 
     persons and 2,200,000 refugees and asylum seekers in the 
     region as of May 2021, according to the United Nations High 
     Commissioner for Refugees;
       Whereas South Sudan ranks 185th of 189 countries in the 
     2020 Human Development Index, performed the worst of 180 
     countries on the 2020 Corruption Perceptions Index, is 
     perennially one of the most dangerous countries in which aid 
     workers operate, received the lowest ranking in the 
     Department of State's Trafficking in Persons Report every 
     year from 2015 to 2021, and has been on the Child Soldiers 
     Prevention Act list for 10 years in a row;
       Whereas the United Nations declared a ``man-made'' famine 
     in parts of South Sudan in February 2017, and the United 
     Nations Office for the Coordination of Humanitarian Affairs 
     stated in March 2021 that ``South Sudan is facing its highest 
     levels of food insecurity and malnutrition since independence 
     ten years ago'';
       Whereas the African Union and Office of the United Nations 
     High Commissioner for Human Rights found that parties to the 
     conflict had committed acts that constituted war crimes, 
     crimes against humanity, and other violations of 
     international humanitarian law;
       Whereas, in February 2021, the United Nations Commission on 
     Human Rights in South Sudan ``found that ten years after 
     independence, staggering levels of violence continue and 
     threaten to spiral out of control across several regions in 
     the country'';
       Whereas, in September 2021, the United Nations Deputy High 
     Commissioner for Human Rights and the Chairperson of the 
     United Nations Commission on Human Rights in South Sudan both 
     reported that there were significant levels of localized 
     violence and a marked deterioration of human rights 
     conditions in South Sudan;
       Whereas the situation in South Sudan persists while its 
     neighbors face increasingly urgent domestic and regional 
     issues, including a fragile political transition in Sudan, 
     conflict in Ethiopia, and deeply flawed electoral processes 
     and political unrest in Uganda and Somalia;
       Whereas the United States has been the largest donor to 
     South Sudan, providing more than $1,800,000,000 in 
     development assistance since independence and more than 
     $6,000,000,000 in emergency humanitarian assistance since the 
     start of the civil war in December 2013;
       Whereas, on July 9, 2021, the United Nations Mission in 
     South Sudan marked 10 years in existence at a total cost of 
     more than $10,300,000,000, and total United States 
     contributions are estimated to exceed $3,300,000,000 through 
     2021;
       Whereas the leaders of South Sudan have consistently failed 
     to uphold their responsibilities to create the conditions for 
     peace and prosperity, have prioritized self-preservation and 
     corruption over the needs of the people they represent, have 
     acted in bad faith in the implementation of cease-fire and 
     peace agreements, and have betrayed the cause of freedom, 
     resulting in the loss of millions of innocent lives;
       Whereas South Sudan has not held an election since its 
     independence and the current leaders of South Sudan were 
     appointed or installed through transitional arrangements 
     based on peace agreements;
       Whereas South Sudan merits consistent high-level attention 
     given the central role the United States played in diplomatic 
     efforts leading to the independence of South Sudan and the 
     enormous investments in humanitarian and other assistance the 
     United States has provided to South Sudan; and
       Whereas, on July 9, 2021, South Sudan celebrated the 10th 
     anniversary of its independence: Now, therefore, be it
       [Resolved, That the Senate--
       [(1) reiterates the commitment of the United States to 
     helping the people of South Sudan realize their aspirations 
     of an independent, stable, democratic, and prosperous South 
     Sudan;
       [(2) calls on the Secretary of State to lead a 
     comprehensive interagency process to develop a revitalized 
     United States policy toward South Sudan that--
       [(A) identifies a broader range of South Sudanese political 
     and civilian stakeholders, beyond President Kiir and First 
     Vice President Machar, with whom the United States may work 
     for the promotion of peace, democracy, development, 
     accountability, transparency, and anti-corruption efforts;
       [(B) restores United States diplomatic leadership with 
     regard to South Sudan alongside European and African 
     partners;
       [(C) reflects the realities of the conflict and the 
     political context in South Sudan; and
       [(D) increases diplomatic efforts to urge regional actors, 
     particularly in Kenya and Uganda, to investigate assets of 
     corrupt South Sudanese elites and ensure Kenya and Uganda are 
     no longer havens for conflict- and corruption-related 
     proceeds;
       [(3) calls on the United States Mission to the United 
     Nations--
       [(A) to demonstrate renewed United States leadership with 
     regard to the United Nations Mission in South Sudan to orient 
     the peacekeeping mission toward increased effectiveness, 
     clarity of purpose, and eventual drawdown; and
       [(B) to call upon regional and international actors to 
     cooperate in enforcing the United Nations arms embargo in 
     South Sudan and take action against those violating the 
     embargo;
       [(4) calls on the Administrator of the United States Agency 
     for International Development, in coordination with the 
     Secretary of State--
       [(A) to ensure that United States assistance adheres to the 
     principle of ``Do No Harm'' by pausing any funding, including 
     humanitarian aid, that is manipulated to legitimize or enrich 
     any party to the ongoing conflict;
       [(B) to review United States diplomatic engagement and 
     assistance to South Sudan, which currently amounts to more 
     than $1,000,000,000 in aid each year, with the goal of 
     matching the level of United States diplomatic engagement 
     with United States assistance; and
       [(C) to ensure that the comprehensive review of United 
     States assistance programs to South Sudan, started in 2018 to 
     ``ensure our assistance does not contribute to or prolong the 
     conflict, or facilitate predatory or corrupt behavior'', is 
     completed and its findings publicized; and
       [(5) urges the Secretary of the Treasury--
       [(A) to prioritize investigative actions into illicit 
     financial flows fueling violence in South Sudan;
       [(B) to work with the Secretary of State to add to the list 
     of individuals and entities designated under the South Sudan 
     sanctions program, including individuals at the highest 
     levels of leadership in South Sudan and from within the 
     National Security Service; and
       [(C) to coordinate, in cooperation with the Secretary of 
     State, with the United Kingdom and the European Union on 
     South Sudan-related sanctions designations and enforcement.]
       That the Senate--
       (1) reiterates the commitment of the United States to 
     helping the people of South Sudan realize their aspirations 
     of an independent, stable, democratic, and prosperous South 
     Sudan;
       (2) calls on the Secretary of State to lead a comprehensive 
     interagency process to develop a revitalized United States 
     policy toward South Sudan that--
       (A) restores United States diplomatic leadership with 
     regard to South Sudan alongside European and African 
     partners;
       (B) advances United States policy goals for South Sudan and 
     the Horn of Africa and establishes a plan to support a 
     peaceful, prosperous South Sudan;
       (C) identifies South Sudanese political and civilian 
     stakeholders, beyond President Kiir and First Vice President 
     Machar, with whom the United States may work for the 
     promotion of peace, democracy, development, accountability, 
     transparency, and anti-corruption efforts;
       (D) increases diplomatic efforts to urge regional actors, 
     particularly in Kenya and Uganda, to investigate assets of 
     corrupt South Sudanese elites and ensure Kenya and Uganda are 
     no longer havens for conflict- and corruption-related 
     proceeds; and
       (E) ensures that United States diplomatic engagement is 
     commensurate with the level of assistance the United States 
     provides to South Sudan, which currently amounts to more than 
     $1,000,000,000 in aid each year;
       (3) calls on the United States Mission to the United 
     Nations--
       (A) to take steps to ensure increased effectiveness of the 
     United Nations Mission in South Sudan; and
       (B) to call upon regional and international actors to 
     cooperate in enforcing the United Nations arms embargo in 
     South Sudan and take action against those violating the 
     embargo;
       (4) calls on the Administrator of the United States Agency 
     for International Development, in coordination with the 
     Secretary of State--
       (A) to ensure that United States assistance adheres to the 
     principle of ``Do No Harm'' by pausing any funding, including 
     humanitarian aid, that is found to enrich any party to the 
     ongoing conflict; and
       (B) to ensure that the comprehensive review of United 
     States assistance programs to South Sudan, started in 2018 to 
     ``ensure our assistance does not contribute to or prolong the 
     conflict, or facilitate predatory or corrupt behavior'', is 
     completed and its findings publicized; and
       (5) urges the Secretary of the Treasury--
       (A) to prioritize investigations into illicit financial 
     flows fueling violence in South Sudan;
       (B) to work with the Secretary of State to update, on a 
     regular basis, the list of individuals and entities 
     designated under the South Sudan sanctions program, including 
     individuals at the highest levels of leadership in South 
     Sudan and from within the National Security Service; and
       (C) to coordinate, in cooperation with the Secretary of 
     State, with the United Kingdom and the European Union on 
     South Sudan-related sanctions designations and enforcement.
  Mr. SCHUMER. I ask unanimous consent that the committee-reported 
substitute amendment to the resolution be agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment, in the nature of a substitute, was 
agreed to.
  Mr. SCHUMER. I know of no further debate on the resolution, as 
amended.

[[Page S9084]]

  The PRESIDING OFFICER. If there is no further debate, the question is 
on adoption of the resolution, as amended.
  The resolution (S. Res. 380), as amended, was agreed to.
  Mr. SCHUMER. I ask unanimous consent that the committee-reported 
amendment to the preamble be agreed to; that the preamble, as amended, 
be agreed to; and that the motions to reconsider be considered made and 
laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment to the preamble, in the nature of a 
substitute, was agreed to.
  The preamble, as amended, was agreed to.
  The resolution (S. Res. 380), as amended, and the preamble, as 
amended, reads as follows:

                              S. Res. 380

       Whereas the Republic of South Sudan became the newest 
     country in the world on July 9, 2011, following the 
     Referendum on the Self-Determination of Southern Sudan, in 
     which 99 percent of Southern Sudanese voters voted in favor 
     of secession from Sudan;
       Whereas the 21-year civil war in Sudan, the longest-running 
     conflict in Africa, caused approximately 2,000,000 deaths and 
     mass population displacement of approximately 550,000 
     refugees and 4,000,000 internally displaced persons;
       Whereas the United States played a significant role in 
     supporting the resolution of Sudan's civil war, facilitating 
     peace negotiations, serving as a guarantor to the 
     Comprehensive Peace Agreement between the Government of the 
     Republic of the Sudan and the Sudan People's Liberation 
     Movement/Sudan People's Liberation Army signed in January 
     2005, and providing substantial resources for the 
     implementation of that agreement alongside other 
     international partners;
       Whereas, on December 15, 2013, just 28 months following 
     independence, the political power struggle between President 
     Salva Kiir and Vice President Riek Machar, both of the Sudan 
     People's Liberation Movement (SPLM), erupted into open 
     conflict between ethnically allied Dinka and Nuer factions of 
     the security services and quickly escalated into civil war;
       Whereas, on August 17, 2015, after months of mediation by 
     the Intergovernmental Authority on Development, the Agreement 
     on the Resolution of the Conflict in the Republic of South 
     Sudan was signed by President Kiir, Riek Machar for SPLM-In 
     Opposition (SPLM-IO), and Pagan Amum for SPLM-Former 
     Detainees;
       Whereas the parties to the Agreement on the Resolution of 
     the Conflict in the Republic of South Sudan demonstrated a 
     lack of political will for sustainable peace, delaying 
     implementation of the agreement, and in July 2016, new 
     clashes in Juba quickly spread, returning the country to 
     civil war;
       Whereas the Revitalized Agreement on the Resolution of the 
     Conflict in the Republic of South Sudan, signed on September 
     12, 2018, reasserted the Parties' commitment to a permanent 
     ceasefire, humanitarian access, and respect for human rights, 
     and called for the establishment of a Revitalized 
     Transitional Government of National Unity to lead South Sudan 
     to democratic elections after 44 months;
       Whereas Kiir's presidential term has been extended 3 times 
     since South Sudan's independence, twice through amendments to 
     the Transitional Constitution of South Sudan and most 
     recently through an extension of the Transitional Period 
     under the Revitalized Agreement on the Resolution of the 
     Conflict in the Republic of South Sudan to 2023;
       Whereas, despite years of fighting, the widespread 
     suffering of South Sudanese civilians, punitive actions by 
     the international community, and 2 peace agreements, the 
     leaders of South Sudan have failed to build sustainable 
     peace, and critical provisions of the Revitalized Agreement 
     on the Resolution of the Conflict in the Republic of South 
     Sudan remain unimplemented;
       Whereas the conflict in South Sudan resulted in the deaths 
     of at least 383,000 people from December 2013 to April 2018, 
     according to a report by the London School of Hygiene and 
     Tropical Medicine, and caused one of the worst displacement 
     crises in the world with 1,600,000 internally displaced 
     persons and 2,200,000 refugees and asylum seekers in the 
     region as of May 2021, according to the United Nations High 
     Commissioner for Refugees;
       Whereas South Sudan ranks 185th of 189 countries in the 
     2020 Human Development Index, performed the worst of 180 
     countries on the 2020 Corruption Perceptions Index, is 
     perennially one of the most dangerous countries in which aid 
     workers operate, received the lowest ranking in the 
     Department of State's Trafficking in Persons Report every 
     year from 2015 to 2021, and has been on the Child Soldiers 
     Prevention Act list for 10 years in a row;
       Whereas the United Nations declared a ``man-made'' famine 
     in parts of South Sudan in February 2017, and the United 
     Nations Office for the Coordination of Humanitarian Affairs 
     stated in March 2021 that ``South Sudan is facing its highest 
     levels of food insecurity and malnutrition since independence 
     ten years ago'';
       Whereas the African Union and Office of the United Nations 
     High Commissioner for Human Rights found that parties to the 
     conflict had committed acts that constituted war crimes, 
     crimes against humanity, and other violations of 
     international humanitarian law;
       Whereas, in February 2021, the United Nations Commission on 
     Human Rights in South Sudan ``found that ten years after 
     independence, staggering levels of violence continue and 
     threaten to spiral out of control across several regions in 
     the country'';
       Whereas, in September 2021, the United Nations Deputy High 
     Commissioner for Human Rights and the Chairperson of the 
     United Nations Commission on Human Rights in South Sudan both 
     reported that there were significant levels of localized 
     violence and a marked deterioration of human rights 
     conditions in South Sudan;
       Whereas the situation in South Sudan persists while its 
     neighbors face increasingly urgent domestic and regional 
     issues, including a fragile political transition in Sudan, 
     conflict in Ethiopia, and deeply flawed electoral processes 
     and political unrest in Uganda and Somalia;
       Whereas the United States has been the largest donor to 
     South Sudan, providing more than $1,800,000,000 in 
     development assistance since independence and more than 
     $6,000,000,000 in emergency humanitarian assistance since the 
     start of the civil war in December 2013;
       Whereas, on July 9, 2021, the United Nations Mission in 
     South Sudan marked 10 years in existence at a total cost of 
     more than $10,300,000,000, and total United States 
     contributions are estimated to exceed $3,300,000,000 through 
     2021;
       Whereas the leaders of South Sudan have consistently failed 
     to uphold their responsibilities to create the conditions for 
     peace and prosperity, have prioritized self-preservation and 
     corruption over the needs of the people they represent, have 
     acted in bad faith in the implementation of cease-fire and 
     peace agreements, and have betrayed the cause of freedom, 
     resulting in the loss of millions of innocent lives;
       Whereas South Sudan has not held an election since its 
     independence and the current leaders of South Sudan were 
     appointed or installed through transitional arrangements 
     based on peace agreements;
       Whereas South Sudan merits consistent high-level attention 
     given the central role the United States played in diplomatic 
     efforts leading to the independence of South Sudan and the 
     enormous investments in humanitarian and other assistance the 
     United States has provided to South Sudan; and
       Whereas, on July 9, 2021, South Sudan celebrated the 10th 
     anniversary of its independence: Now, therefore, be it
       Resolved, That the Senate--
       (1) reiterates the commitment of the United States to 
     helping the people of South Sudan realize their aspirations 
     of an independent, stable, democratic, and prosperous South 
     Sudan;
       (2) calls on the Secretary of State to lead a comprehensive 
     interagency process to develop a revitalized United States 
     policy toward South Sudan that--
       (A) restores United States diplomatic leadership with 
     regard to South Sudan alongside European and African 
     partners;
       (B) advances United States policy goals for South Sudan and 
     the Horn of Africa and establishes a plan to support a 
     peaceful, prosperous South Sudan;
       (C) identifies South Sudanese political and civilian 
     stakeholders, beyond President Kiir and First Vice President 
     Machar, with whom the United States may work for the 
     promotion of peace, democracy, development, accountability, 
     transparency, and anti-corruption efforts;
       (D) increases diplomatic efforts to urge regional actors, 
     particularly in Kenya and Uganda, to investigate assets of 
     corrupt South Sudanese elites and ensure Kenya and Uganda are 
     no longer havens for conflict- and corruption-related 
     proceeds; and
       (E) ensures that United States diplomatic engagement is 
     commensurate with the level of assistance the United States 
     provides to South Sudan, which currently amounts to more than 
     $1,000,000,000 in aid each year;
       (3) calls on the United States Mission to the United 
     Nations--
       (A) to take steps to ensure increased effectiveness of the 
     United Nations Mission in South Sudan; and
       (B) to call upon regional and international actors to 
     cooperate in enforcing the United Nations arms embargo in 
     South Sudan and take action against those violating the 
     embargo;
       (4) calls on the Administrator of the United States Agency 
     for International Development, in coordination with the 
     Secretary of State--
       (A) to ensure that United States assistance adheres to the 
     principle of ``Do No Harm'' by pausing any funding, including 
     humanitarian aid, that is found to enrich any party to the 
     ongoing conflict; and
       (B) to ensure that the comprehensive review of United 
     States assistance programs to South Sudan, started in 2018 to 
     ``ensure our assistance does not contribute to or prolong the 
     conflict, or facilitate predatory or corrupt behavior'', is 
     completed and its findings publicized; and
       (5) urges the Secretary of the Treasury--
       (A) to prioritize investigations into illicit financial 
     flows fueling violence in South Sudan;

[[Page S9085]]

       (B) to work with the Secretary of State to update, on a 
     regular basis, the list of individuals and entities 
     designated under the South Sudan sanctions program, including 
     individuals at the highest levels of leadership in South 
     Sudan and from within the National Security Service; and
       (C) to coordinate, in cooperation with the Secretary of 
     State, with the United Kingdom and the European Union on 
     South Sudan-related sanctions designations and enforcement.

                          ____________________