Kerry-Brownbank Senate Bill

DAV10784 S.L.C.
111TH CONGRESS
2D SESSION S. ll
To promote peace, stability, improved governance, and economic development
in Southern Sudan and Darfur, and for other purposes.
IN THE SENATE OF THE UNITED STATES
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Mr. KERRY introduced the following bill; which was read twice and referred
to the Committee on llllllllll
A BILL
To promote peace, stability, improved governance, and economic
development in Southern Sudan and Darfur, and
for other purposes.
1 Be it enacted by the Senate and House of Representa2
tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the ‘‘Sudan Peace and Sta5
bility Act of 2010’’.
6 SEC. 2. FINDINGS.
7 Congress makes the following findings:
8 (1) Sudan has been the scene of terrible conflict
9 in recent decades, including a civil war between
10 North and South that raged for over 20 years and
2
DAV10784 S.L.C.
1 genocidal violence in Darfur that has been carried
2 out by government forces and their militias.
3 (2) On August 12, 1993, Secretary of State
4 Warren Christopher designated Sudan as a state
5 sponsor of terrorism under section 6(j) of the Ex6
port Administration Act (50 U.S.C. App. 2405(j))
7 (as continued in effect pursuant to the International
8 Emergency Economic Powers Act; 50 U.S.C. 1701
9 et seq.), section 40 of the Arms Export Control Act
10 (22 U.S.C. 2780), and section 620A of the Foreign
11 Assistance Act (22 U.S.C. 2371).
12 (3) United States Government engagement,
13 particularly the work of then Special Envoy for
14 Peace in Sudan, John C. Danforth, in close coordi15
nation with the Intergovernmental Authority on De16
velopment and the Governments of the United King17
dom and Norway, helped the parties to the North-
18 South conflict in Sudan to reach the Comprehensive
19 Peace Agreement (CPA), which, on January 9,
20 2005, brought a formal end to that civil war.
21 (4) The CPA called for wealth and power shar22
ing, national elections, democratic and military re23
forms, specific protocols for border states, the for24
mation of a semi-autonomous government in the
25 South, and referenda on self-determination for the
3
DAV10784 S.L.C.
1 South and the territory of Abyei to be held by Janu2
ary 2011.
3 (5) The CPA has maintained the larger peace
4 to date and the parties have made progress on a
5 number of elements of the agreement, but the proc6
ess has not led to a democratic transformation, as
7 called for in the 2005 Agreement, and key issues re8
main outstanding, notably border demarcation and
9 preparations for the 2011 referenda. As the CPA
10 draws to a close, critical questions of post-referenda
11 citizenship and revenue sharing must be resolved.
12 (6) At the same time that efforts were under13
way to solidify peace between the North and South,
14 the situation in Darfur deteriorated so significantly
15 that Secretary of State Colin Powell on September
16 3, 2004, and Congress on September 7, 2004, de17
scribed actions by the National Congress Party
18 (NCP) government and its proxy militias as geno19
cide.
20 (7) According to United Nations estimates, over
21 300,000 people were killed in the conflict in Darfur
22 and over 2,600,000 have been displaced internally
23 while another 250,000 Darfuris have sought refuge
24 in Chad, and these processes of displacement con25
tinue.
4
DAV10784 S.L.C.
1 (8) On March 29, 2005, and April 25, 2006,
2 the United Nations Security Council issued Security
3 Council Resolutions 1591 and 1672, respectively,
4 condemning the continued violations of human rights
5 and international humanitarian law in the Darfur
6 region of Sudan and, in particular, the continuation
7 of violence against civilians and sexual violence
8 against women and girls, determining that the situa9
tion in Darfur constituted a threat to international
10 peace and security in the region, and calling on
11 member states to take certain measures against per12
sons responsible for the continuing conflict.
13 (9) The United Nations established the United
14 Nations Mission in Sudan (UNMIS) in 2005 and
15 the African Union/United Nations hybrid operation
16 in Darfur (UNAMID) in 2006 with respective au17
thorized strengths of 10,715 and 25,987 troops and
18 police.
19 (10) On March 4, 2009, the International
20 Criminal Court issued a warrant for the arrest of
21 President of Sudan Omar Al Bashir, charging him
22 with 5 counts of crimes against humanity and 2
23 counts of war crimes, and on July 12, 2010, issued
24 an additional warrant for President Omar al-Bashir
25 of Sudan for genocide committed in Darfur.
5
DAV10784 S.L.C.
1 (11) In Darfur, despite peace agreements be2
tween the government and certain armed groups, in3
cluding the Darfur Peace Agreement (DPA) of 2006
4 and other ceasefire and preliminary framework
5 agreements, instability and violence, including direct
6 conflict between and among armed groups and the
7 government and militias, continues with ongoing ci8
vilian casualties and displacement, and the griev9
ances that sparked the Darfuri rebellion as well as
10 the consequences of the genocidal violence carried
11 out and supported by the government remain
12 unaddressed. As stated in the Report of the African
13 Union High-Level Panel on Darfur (AUPD), ‘‘En14
suring stability in Darfur requires a political proc15
ess, in which due attention is paid to the inter-con16
nected pillars of peace, justice, and reconciliation.’’
17 (12) In response to the crisis in Darfur, the
18 international community, led by contributions from
19 the United States, has undertaken a massive hu20
manitarian operation to provide food, water, sanita21
tion, medical support, and other assistance to the
22 millions of Darfuris displaced or otherwise affected
23 by the violence, an effort that was jeopardized by the
24 Government of Sudan’s expulsion of 13 international
25 nongovernmental organizations in March 2009.
6
DAV10784 S.L.C.
1 (13) Criminal activity, widespread violence di2
rected against civilians, peacekeepers, and aid work3
ers in Darfur, and an environment of impunity con4
tribute to ongoing instability and jeopardize humani5
tarian assistance, individual and community safety
6 and well being, and opportunities for development.
7 (14) The United States Government provides
8 substantial capacity-building and other assistance to
9 Southern Sudan, but the humanitarian, develop10
mental, and governance challenges remain enormous
11 and have direct implications for the stability of the
12 larger region.
13 (15) Abyei, the subject of the Protocol between
14 the Government of the Sudan and the Sudan Peo15
ple’s Liberation Movement/Army on the Resolution
16 of the Abyei Conflict, and the scene of major vio17
lence in 2008, remains a potential flashpoint and
18 unresolved element between the parties. Serious
19 challenges in the critical north-south border areas of
20 Abyei, Blue Nile, and Southern Kordofan, parts of
21 which are highly militarized, persist, and inter-ethnic
22 tensions, growing dissatisfaction with the slow imple23
mentation of the CPA, and the perceived lack of
24 peace dividends contribute to a volatile situation.
7
DAV10784 S.L.C.
1 (16) Ethnic and communal violence in Southern
2 Sudan has escalated in scope and intensity, resulting
3 in increasing loss of life and displacement and fur4
ther threatening stability in the region.
5 (17) On February 2, 2010, testifying before the
6 Select Committee on Intelligence of the Senate, Den7
nis C. Blair, Director of National Intelligence, stated
8 that a number of countries in Asia and Africa are
9 at significant risk of a new outbreak of mass killing
10 over the next 5 years, but identified Southern Sudan
11 as the area in which ‘‘a new mass killing or genocide
12 is most likely to occur.’’.
13 (18) In April 2010, Sudan held national elec14
tions but the SPLM and other opposition parties
15 withdrew from most contests in Northern Sudan,
16 citing intimidation, voter fraud, insecurity in Darfur,
17 and other factors. The United States Government
18 characterized the elections as not meeting inter19
national standards and marked by circumscribed po20
litical rights and freedoms, reports of intimidation
21 and threats of violence in Southern Sudan, insecu22
rity and ongoing conflict in Darfur, and technical
23 problems, resulting in serious irregularities.
24 SEC. 3. DEFINITIONS.
25 In this Act:
8
DAV10784 S.L.C.
1 (1) APPROPRIATE CONGRESSIONAL COMMIT2
TEES.—The term ‘‘appropriate congressional com3
mittees’’ means the Committee on Foreign Relations
4 of the Senate and the Committee on Foreign Affairs
5 of the House of Representatives.
6 (2) GOVERNMENT OF SOUTHERN SUDAN.—The
7 term ‘‘Government of Southern Sudan’’ includes the
8 regional Government of Southern Sudan based in
9 Juba as constituted as of the date of the enactment
10 of this Act and any successor government that—
11 (A) retains autonomy within Sudan or
12 achieves independence as a result of the ref13
erendum called for under the Comprehensive
14 Peace Agreement; or
15 (B) is recognized as an independent nation
16 by the United States Government.
17 (3) MARGINALIZED POPULATIONS OF SUDAN.—
18 The term ‘‘marginalized populations of Sudan’’
19 means—
20 (A) adversely affected groups in regions
21 authorized to receive assistance under section
22 8(c) of the Darfur Peace and Accountability
23 Act (Public Law 109–344; 50 U.S.C. 1701
24 note); and
9
DAV10784 S.L.C.
1 (B) marginalized areas in Northern Sudan
2 described in section 4(9) of such Act.
3 SEC. 4. SENSE OF CONGRESS.
4 It is the sense of Congress that—
5 (1) as affirmed in President Barack Obama’s
6 strategy document, ‘‘Sudan: A Critical Moment, A
7 Comprehensive Approach,’’ of October 19, 2009,
8 ‘‘The United States cannot succeed in achieving our
9 policy goals by focusing exclusively on Darfur or
10 CPA implementation—both must be addressed seri11
ously and simultaneously, while also working to re12
solve and prevent conflict throughout Sudan.’’;
13 (2) the situation in Sudan, particularly in the
14 potentially volatile year ahead, demands strength15
ened diplomatic, humanitarian, and developmental
16 efforts by the United States Government and other
17 bilateral and multilateral partners in order to see
18 the CPA through to a peaceful referenda process
19 and outcome, to increase the governance and institu20
tional capacities in Southern Sudan to better meet
21 the needs of the people whether as an independent
22 state or semi-autonomous region, and to help to fos23
ter peace and stability in Darfur;
24 (3) other governments and actors in the region
25 influence the security situation in Sudan and are in
10
DAV10784 S.L.C.
1 turn affected by it, thus elevating the importance for
2 the United States Government of working with part3
ners in the region and heightening the responsibility
4 and interest of Sudan’s neighbors and others in con5
tributing to the process to enhance peace and sta6
bility throughout the region;
7 (4) the peace process in Darfur requires the on8
site participation of the organized parties to the con9
flict who are willing to make a constructive commit10
ment to the peace process, the Government of
11 Sudan, and elements of civil society, including
12 women, in negotiations in order to achieve a lasting
13 settlement;
14 (5) United States support for the Darfur peace
15 process would be enhanced by the appointment of a
16 full-time senior official to assist in those efforts;
17 (6) the ongoing rapprochement between the
18 Governments of Chad and Sudan offers an impor19
tant opportunity for larger regional stability and
20 peace;
21 (7) countries with significant economic invest22
ments in Sudan, including the People’s Republic of
23 China, have a vested interest in peace and stability
24 in Sudan and a role and responsibility to work to25
ward that goal;
11
DAV10784 S.L.C.
1 (8) to prepare for potential outcomes before
2 and after the scheduled referenda on secession, the
3 United States Government should continue to en4
gage with local and international partners in contin5
gency planning, especially to consider ways to help
6 prevent or respond to possible large-scale violence,
7 dislocation, or other humanitarian emergencies;
8 (9) it is critical that the parties to the CPA, as9
sisted by mediators and other witnesses to the agree10
ment, which included the representatives of Kenya,
11 Uganda, Egypt, Italy, the Netherlands, Norway, the
12 United Kingdom, the African Union, the European
13 Union, the Intergovernmental Authority on Develop14
ment (IGAD), the League of Arab States, the
15 United Nations, and the United States, address un16
resolved issues and finalize preparations for the Jan17
uary 2011 referenda, reach basic agreements on key
18 issues, and establish a framework for post-referenda
19 negotiations;
20 (10) while the United States Government is a
21 major contributor to humanitarian and develop22
mental work in Sudan, increased assistance from
23 multilateral, regional, and other bilateral sources will
24 be critical to sustaining peace and promoting hu25
manitarian relief, economic development, and recov12
DAV10784 S.L.C.
1 ery, and it is important that the international com2
munity resolve difficulties in the delivery of assist3
ance through multilateral vehicles make a sufficient
4 commitment of food assistance and provide over5
sight;
6 (11) resource management, transparency, ac7
countability, and service delivery are critical compo8
nents of effective governance, and the Government
9 of Southern Sudan and state and local authorities in
10 Southern Sudan, as they continue to receive outside
11 assistance, should demonstrate a commitment to im12
provements in these sectors;
13 (12) in the event that the Government of
14 Southern Sudan achieves independence and is recog15
nized by the United States Government, and in the
16 months leading up to such a potential development,
17 it is important for the Secretary of State and the
18 Secretary of the Treasury to examine the statutory
19 and other sanctions currently applicable to Sudan, to
20 determine how the sanctions regime would be af21
fected by the independence of Southern Sudan, and
22 to consult with Congress on changes that may be
23 needed under such circumstances;
24 (13) in order to increase the diplomatic capacity
25 of the United States Government, facilitate humani13
DAV10784 S.L.C.
1 tarian and developmental assistance and oversight of
2 aid, and support efforts of the Government of South3
ern Sudan to improve governance and enhance secu4
rity, the United States Government should maintain
5 the position of a special envoy, appoint a senior offi6
cial to assist with the Darfur peace process, and ac7
celerate plans for construction on additional or ex8
panded facilities and other housing for personnel to
9 support an enhanced United States diplomatic and
10 development presence and to allow for expanded de11
ployment of personnel;
12 (14) the United States Government—
13 (A) recognizes the importance of the
14 UNMIS and UNAMID missions and anticipates
15 the continued need for their presence in the
16 coming years;
17 (B) emphasizes the importance of proactive
18 diplomacy and contingency planning by the
19 international community for Darfur, Southern
20 Sudan, the ‘‘Three Areas’’ of Southern
21 Kordofan, Blue Nile State, and Abyei, and
22 other vulnerable populations, including those in
23 Eastern Sudan, and recognizes the importance
24 of the full implementation of the Abyei Protocol
14
DAV10784 S.L.C.
1 and that resolution of Abyei’s status is a crit2
ical element of a sustained peace;
3 (C) notes that UNAMID continues to lack
4 critical enablers, including utility helicopters,
5 and that the absence of such enablers undercuts
6 the ability of the mission to carry out its civil7
ian protection mandate, and notes with concern
8 that UNMIS is facing diminishing aviation re9
sources at a moment when mobility is critical;
10 (D) notes that the mission and potentially
11 the personnel of UNMIS should continue to
12 evolve after the completion of the terms of the
13 CPA in order to maintain its civilian protection
14 function while strengthening its institution15
building abilities; and
16 (E) urges each to pursue its mandate of ci17
vilian protection assertively;
18 (15) key benchmarks to measure progress with
19 respect to the relationship between the United
20 States and Sudan include humanitarian and peace21
keeper access to and within Darfur, committed en22
gagement to resolve the conflict there and uphold
23 justice and accountability, demarcation of borders,
24 adherence to the Comprehensive Peace Agreement,
25 including holding the referenda for Southern Sudan
15
DAV10784 S.L.C.
1 and Abyei as provided for in such agreement within
2 the time provided, and a framework agreement for
3 the resolution of post-referenda issues;
4 (16) in the event of the obstruction of efforts
5 to achieve these benchmarks, additional responses to
6 such obstruction include expanded travel restrictions
7 against individuals responsible for such actions,
8 blocking the assets of such individuals and, as prac9
tical, transactions with the financial institutions that
10 support them, opposition to international debt relief
11 measures, engagement to promote multilateral sanc12
tions, and stricter enforcement of multilateral arms
13 embargoes;
14 (17) in the event of the achievement of these
15 benchmarks, phased and graduated responses in16
clude steps to permit certain forms of trade and in17
vestment in Sudan in specific sectors (other than the
18 petroleum sector), the exchange of ambassadors, and
19 a review of foreign assistance restrictions, economic
20 sanctions, and other statutory provisions; and
21 (18) the full normalization of relations between
22 the United States and Sudan, including support for
23 international debt relief, requires the peaceful imple24
mentation of the Comprehensive Peace Agreement, a
25 comprehensive peace agreement in Darfur that is
16
DAV10784 S.L.C.
1 credibly implemented, sustained improvement in se2
curity and services that improve living conditions in
3 Darfur, including humanitarian access, full coopera4
tion with UNAMID and UNMIS, a cessation of all
5 support for international terrorism, and credible and
6 locally supported efforts to achieve accountability,
7 justice, and reconciliation, as consistent with existing
8 United States law and the terms of relevant United
9 Nations Security Council resolutions.
10 SEC. 5. STATEMENT OF POLICY.
11 It is the policy of the United States—
12 (1) to support efforts to help create a more
13 democratic, accountable, and inclusive government in
14 Sudan that respects human rights, protects civil lib15
erties, and contributes to peace and stability in the
16 region;
17 (2) to promote and work toward a definitive
18 end to conflict, gross human rights abuses, and
19 genocide in Darfur, and to promote peace through20
out Sudan;
21 (3) to respond vigorously to efforts that either
22 undermine the credibility of the self-determination
23 referenda provided for by the CPA, undermine peace
24 and stability in Southern Sudan, or prevent the end
25 of the conflict in Darfur, including working with bi17
DAV10784 S.L.C.
1 lateral and multilateral partners, including the
2 United Nations, the African Union, the European
3 Union, and the North Atlantic Treaty Organization,
4 to take appropriate measures in the event of such ef5
forts;
6 (4) to promote and, together with the parties to
7 the CPA and others, to work toward full implemen8
tation of the agreement in such a way that results
9 in a peaceful, unified Sudan or an orderly path to10
ward 2 separate and viable states at peace with each
11 other;
12 (5) in order to help create conditions more con13
ducive to peace, development, democracy, and sta14
bility in Sudan, to—
15 (A) work with nongovernmental organiza16
tions, the Government of Southern Sudan, and
17 other bilateral and multilateral entities to pro18
vide critical humanitarian assistance in South19
ern Sudan and other areas;
20 (B) promote implementation of the CPA
21 by all parties, including the conducting of
22 peaceful and credible referenda on self-deter23
mination in January 2011 and foster commit24
ments from countries in the region, multilateral
18
DAV10784 S.L.C.
1 partners, and other key countries to accept the
2 outcome of such a process;
3 (C) support capacity building of the Gov4
ernment of Southern Sudan and that of state
5 and local authorities in the South, including
6 through the possible support of technical advi7
sors, in order to strengthen the abilities of the
8 Government of Southern Sudan to provide crit9
ical services to their people, whether as an inde10
pendent state or semi-autonomous region;
11 (D) assist the parties to the CPA and rein12
vigorate international engagement from regional
13 partners and others, including the People’s Re14
public of China, in resolving post-referendum
15 issues, including questions regarding citizenship
16 and migration, future cooperation in the oil sec17
tor and wealth-sharing, security arrangements,
18 security of border areas, water use, liabilities
19 and assets, and matters of currency and fi20
nance;
21 (E) help the parties to defuse tension in
22 Abyei, Southern Kordofan, and Blue Nile State
23 through successful conducting of the ref24
erendum for Abyei and the popular consultation
25 process for the other two areas, as required
19
DAV10784 S.L.C.
1 under the CPA, and the promotion of construc2
tive political engagement to address other con3
cerns in those areas;
4 (F) assist the Government of Southern
5 Sudan in enhancing governance and service de6
livery, reintegrating returnees, strengthening
7 the rule of law, building an effective police force
8 and criminal justice system, helping to trans9
form its security forces into a professional body
10 abiding by principles of civilian rule, protection
11 of human rights, and accountability, reducing
12 corruption, improving transparency, and build13
ing effective political capacity in a democratic
14 environment;
15 (G) assist the Government of Southern
16 Sudan in creating comprehensive controls over
17 small arms stockpiles, clearing landmines and
18 explosive remnants of war, and implementing
19 the Nairobi Protocol for the Prevention, Con20
trol, and Reduction of Small Arms and Light
21 Weapons in the Great Lakes Region and the
22 Horn of Africa, done at Nairobi April 21, 2004;
23 (H) promote improved financial manage24
ment within the Government of Southern
25 Sudan;
20
DAV10784 S.L.C.
1 (I) engage in intense dialogue with key bi2
lateral and multilateral partners to identify con3
crete steps that could be taken multilaterally to
4 respond to actions by the North or the South
5 or any other party that undermines peace in
6 Sudan, interferes with humanitarian relief, im7
pedes future development, or undercuts stability
8 in Darfur; and
9 (J) support viable local efforts to prevent
10 and mitigate conflict and enhance reconcili11
ation, including disarmament, demobilization,
12 and reintegration of remaining militias and
13 other armed groups, including potential hybrid
14 tribunals for acts committed in Darfur as called
15 for by the Peace and Security Council of the
16 African Union; and
17 (6) in order to help create conditions more con18
ducive to peace, the distribution of humanitarian re19
lief, future development, and stability in Darfur,
20 to—
21 (A) promote peace and security for the
22 people of Darfur, including through sustainable
23 peace agreements arrived at with consultation
24 with civil society;
21
DAV10784 S.L.C.
1 (B) identify and prioritize the filling of
2 gaps in humanitarian assistance by sector, in3
cluding protection, and by access to under4
served populations in need;
5 (C) support international mediation efforts
6 to help create a lasting peace in Darfur;
7 (D) promote simultaneous stabilization ef8
forts where conditions permit while maintaining
9 vital humanitarian assistance;
10 (E) support and enhance the efforts of
11 UNAMID and others to provide civilian protec12
tion, including protection against sexual and
13 gender-based violence;
14 (F) encourage and strengthen initiatives
15 for ending violent conflict;
16 (G) support international efforts, including
17 those of the International Criminal Court, to
18 bring those responsible for genocide and war
19 crimes in Darfur to justice and to work with
20 Darfuri civil society to support locally owned
21 accountability and reconciliation mechanisms
22 that may hasten peace and make it more sus23
tainable;
24 (H) promote livelihood and other opportu25
nities for youth, women, and others;
22
DAV10784 S.L.C.
1 (I) assist with the rehabilitation and
2 strengthening of ecosystems and natural re3
source management as part of a broader effort
4 to reduce environmental drivers of conflict and
5 enhance rural and urban development;
6 (J) work with key bilateral and multilat7
eral partners, as well as local actors, to develop
8 contingency plans to address potential post-
9 2011 scenarios and humanitarian and other
10 needs; and
11 (K) promote democratic processes and po12
litical reforms at the national and subnational
13 levels that enhance the government’s respon14
siveness to the needs of the people of Darfur.
15 SEC. 6. SECURITY, CIVIL AVIATION, AND POLICE ASSIST16
ANCE.
17 (a) SENSE OF CONGRESS.—It is the sense of Con18
gress that—
19 (1) security assistance to the Government of
20 Southern Sudan is intended to—
21 (A) assist with the continuing efforts of
22 the Government of Southern Sudan to trans23
form the Sudan People’s Liberation Army and
24 its constituent parts into a more efficient, reg23
DAV10784 S.L.C.
1 ular, nonpartisan professional army in accord2
ance with the Comprehensive Peace Agreement;
3 (B) enhance the ability of the Government
4 of Southern Sudan to prevent and respond to
5 internal conflict in order to protect the lives,
6 well being, and property of civilians while civil7
ian police capacities are being built; and
8 (C) enhance the ability of the Government
9 of Southern Sudan to respond to the threats
10 posed by transborder armed groups, such as the
11 Lord’s Resistance Army, maintain its territorial
12 integrity, and promote regional stability; and
13 (2) assistance to the civilian police and criminal
14 justice sector in Southern Sudan is intended to—
15 (A) enhance the effectiveness and account16
ability of the Southern Sudan Police Service
17 and its ability to carry out critical functions of
18 civilian protection and law enforcement, includ19
ing through support for community-based polic20
ing; and
21 (B) support efforts within the judiciary to
22 establish and uphold the rule of law, protect
23 human rights, and ensure due process.
24 (b) SECURITY, AVIATION, AND POLICE ASSIST25
ANCE.—
24
DAV10784 S.L.C.
1 (1) IN GENERAL.—
2 (A) AUTHORITY.—If the President has not
3 made a certification under section 12(a)(3) of
4 the Sudan Peace Act (Public Law 107–245; 50
5 U.S.C. 1701 note) regarding the noncompliance
6 of the Sudan People’s Liberation Movement/
7 Army (SPLM/A) or the Government of South8
ern Sudan with the Comprehensive Peace
9 Agreement for Sudan, the President, notwith10
standing any other provision of law, may, for
11 the purpose of constituting a professional mili12
tary force and strengthening police capabilities
13 to provide civilian protection and uphold the
14 rule of law, authorize the provision of the fol15
lowing assistance to the Government of South16
ern Sudan:
17 (i) Non-lethal military equipment and
18 related defense services, including training,
19 controlled under the International Traffic
20 in Arms Regulations (22 C.F.R. 120.1 et
21 seq.) if the President—
22 (I) determines that the provision
23 of such items is in the national inter24
est of the United States; and
25
DAV10784 S.L.C.
1 (II) not later than 15 days before
2 the provision of any such items, noti3
fies the Committee on Foreign Rela4
tions of the Senate and the Com5
mittee on Foreign Affairs of the
6 House of Representatives of such de7
termination.
8 (ii) Equipment and training related to
9 civil aviation infrastructure to promote
10 safety, security, and air navigation in
11 Southern Sudan, if the President—
12 (I) determines that the provision
13 of such items is in the national inter14
est of the United States; and
15 (II) not later than 15 days before
16 the provision of any such items, noti17
fies the Committee on Foreign Rela18
tions of the Senate and the Com19
mittee on Foreign Affairs of the
20 House of Representatives of such de21
termination.
22 (iii) Training and equipment for police
23 forces, including training on human rights,
24 civilian protection, gender-based violence,
25 and the role of security forces in maintain26
DAV10784 S.L.C.
1 ing the rule of law. Assistance in this Act
2 may be made available to the Government
3 of Southern Sudan to provide appropriate
4 lethal equipment and training of police if
5 the President—
6 (I) determines that the provision
7 of such items is in the national inter8
est of the United States and appro9
priate oversight and accountability
10 mechanisms exist; and
11 (II) not later than 15 days before
12 the provision of any such assistance,
13 notifies the appropriate congressional
14 committees of such determination.
15 (B) SUNSET.—The authority provided
16 under subparagraph (A) shall expire on Sep17
tember 30, 2014.
18 (2) NOTIFICATION REQUIREMENT FOR SECU19
RITY ASSISTANCE TO INDEPENDENT STATE OF
20 SOUTHERN SUDAN.—For fiscal years 2011 through
21 2014, in the event of the recognition by the Presi22
dent of the State of Southern Sudan as an inde23
pendent country, the President shall notify the ap24
propriate congressional committees not later than 15
27
DAV10784 S.L.C.
1 days before obligating any lethal or non-lethal secu2
rity assistance.
3 (3) END USE ASSURANCES.—For each item ex4
ported pursuant to this subsection, the President
5 shall include with the notification to Congress under
6 clauses (i)(II) and (ii)(II) of paragraph (1)(A) and
7 under paragraph (2)—
8 (A) an identification of the end users to
9 which the of assistance is being made;
10 (B) the dollar value of the items being pro11
vided;
12 (C) a description of the items being pro13
vided; and
14 (D) a description of the end use
15 verification procedures that will be applied to
16 such items, including—
17 (i) any special assurances obtained
18 from the Government of Southern Sudan
19 or other authorized end users regarding
20 such equipment; and
21 (ii) the end use or retransfer controls
22 that will be applied to any items provided
23 under this subsection.
28
DAV10784 S.L.C.
1 (4) WAIVER AUTHORITY.—Section 40 of the
2 Arms Export Control Act (22 U.S.C. 2780) shall not
3 apply to assistance provided under paragraph (1).
4 SEC. 7. MULTILATERAL FINANCIAL INSTITUTIONS.
5 (a) RULE OF CONSTRUCTION REGARDING VOTES OP6
POSING LOANS.—Provisions of law that direct the United
7 States Government to vote against or oppose loans or
8 other uses of funds, including for financial or technical
9 assistance, in international financial institutions for
10 Sudan shall not be construed as applying to Southern
11 Sudan or to technical assistance relating to the implemen12
tation and peaceful fulfillment of the Comprehensive
13 Peace Agreement of 2005. The Secretary of Treasury
14 shall submit a notification to the appropriate committees
15 of Congress prior to relying upon the rule of construction
16 set forth in this section to vote for or support a loan or
17 other use of funds.
18 (b) APPROPRIATE COMMITTEES OF CONGRESS DE19
FINED.—In this section, the term ‘‘appropriate commit20
tees of Congress’’ means the Committee on Foreign Rela21
tions and the Committee on Banking, Housing, and Urban
22 Affairs of the Senate and the Committee on Foreign Af23
fairs and the Committee on Financial Services of the
24 House of Representatives.
29
DAV10784 S.L.C.
1 SEC. 8. MEASURE TO PROMOTE ECONOMIC VIABILITY AND
2 SECURITY IN SOUTHERN SUDAN.
3 (a) AUTHORITY.—Notwithstanding any other provi4
sion of law, in the event that the Government of Southern
5 Sudan is recognized as an independent country by the
6 United States Government and has agreed to a revenue
7 sharing arrangement with Sudan, in order to facilitate the
8 economic development and self-sufficiency of such inde9
pendent country and to promote peace prior to and fol10
lowing the culmination of the CPA, the President may
11 waive the prohibition on the transshipment of petroleum
12 originating in Southern Sudan through the country of
13 Sudan upon prior notification to the appropriate commit14
tees of Congress that the exercising of such a waiver is
15 in the national interest of the United States.
16 (b) APPROPRIATE COMMITTEES OF CONGRESS DE17
FINED.—In this section, the term ‘‘appropriate commit18
tees of Congress’’ means the Committee on Foreign Rela19
tions and the Committee on Banking, Housing, and Urban
20 Affairs of the Senate and the Committee on Foreign Af21
fairs and the Committee on Financial Services of the
22 House of Representatives.
23 SEC. 9. CONSOLIDATION AND AMENDMENT OF REPORTING
24 REQUIREMENTS.
25 (a) REPORT ON SOUTHERN SUDAN.—Not later than
26 one year after the date of the enactment of this Act, and
30
DAV10784 S.L.C.
1 annually thereafter for 5 years, the Secretary of State, in
2 consultation with the Secretary of Defense and the heads
3 of other relevant agencies, shall submit to the appropriate
4 congressional committees a classified report, together with
5 an unclassified executive summary, that includes the fol6
lowing:
7 (1) An assessment of progress made during the
8 previous calendar year toward meeting the policy ob9
jectives set forth in section 5.
10 (2) A description of United States Government
11 programs contributing to the achievement of the pol12
icy objectives set forth in section 5, including the
13 amounts obligated and expended on such programs
14 during the preceding fiscal year.
15 (3) An assessment of the levels and nature of
16 violence, human rights violations, and conflict within
17 or involving Southern Sudan, including sexual and
18 gender-based violence and the role played by other
19 governments and actors in the continuation of vio20
lence, and a description of prevention and resolution
21 efforts by the United States Government, the Gov22
ernment of Southern Sudan, civil society, the United
23 Nations, and other parties.
24 (4) a description of incidents which may con25
stitute crimes against humanity, genocide, war
31
DAV10784 S.L.C.
1 crimes, and other violations of international humani2
tarian law by all parties to the conflict in Sudan, in3
cluding slavery, rape, and aerial bombardment of ci4
vilian targets.
5 (5) A description, to the degree practical, of the
6 accrual, transparency regarding, and management of
7 oil and gas revenues by the Government of Southern
8 Sudan and of the state of oil production and re9
gional transshipment of oil and gas from Southern
10 Sudan to other markets.
11 (6) A description of transit patterns across bor12
ders between Northern and Southern Sudan and of
13 the status of marginalized populations, including dis14
placed persons from Southern Sudan living in the vi15
cinity of Khartoum.
16 (7) A description of the status of Abyei, if
17 Abyei becomes separate from Sudan as a result of
18 its referendum, and an assessment of the level and
19 nature of conflict in Abyei.
20 (8) A description of the role and size of United
21 Nations peacekeeping missions in Southern Sudan,
22 including conflict prevention and mitigation activi23
ties.
24 (9) A description of efforts by the Government
25 of Southern Sudan to undertake security and justice
32
DAV10784 S.L.C.
1 sector reform, including an assessment of the capa2
bilities of the military and civilian police force and
3 progress on implementing both the SPLA Act and
4 the Police Act.
5 (10) A description of United States security as6
sistance provided in the period covered by this re7
port, and a description of any unauthorized re8
transfer or use of security assistance furnished by
9 the United States.
10 (11) A description of efforts by the Government
11 of Southern Sudan to develop accountability mecha12
nisms for the security forces, including the develop13
ment of a military justice system.
14 (12) In all reports except the initial report, a
15 description, sector by sector of the implementation
16 of the Southern Sudan development and stabilization
17 strategy submitted under subsection (b).
18 (b) STRATEGY ON SOUTHERN SUDAN.—Not later
19 than January 31, 2012, the Secretary of State shall sub20
mit to the appropriate congressional committees a multi21
year strategy to provide assistance in support of govern22
ance and the rule of law, humanitarian aid, development,
23 and security in Southern Sudan, including—
24 (1) specific and measurable goals;
25 (2) benchmarks and timeframes;
33
DAV10784 S.L.C.
1 (3) an implementation plan to achieve the pol2
icy objectives set forth in section 5; and
3 (4) a monitoring and evaluation plan.
4 (c) REPORT ON DARFUR AND OTHER MARGINALIZED
5 AREAS IN SUDAN.—Not later than one year after the date
6 of the enactment of this Act, and annually thereafter for
7 5 years, the Secretary of State, in consultation with the
8 Secretary of Defense and other relevant agencies, shall
9 submit to the appropriate congressional committees a re10
port that includes the following:
11 (1) An assessment of progress made during the
12 previous calendar year toward meeting the policy ob13
jectives set forth in section 5.
14 (2) A description of United States Government
15 programs contributing to the achievement of the pol16
icy objectives set forth in section 5, including the
17 amounts obligated and expended on such programs
18 during the preceding fiscal year.
19 (3) An assessment of the levels and nature of
20 violence, human rights violations, and conflict within
21 Darfur, including sexual and gender-based violence,
22 and a description of as prevention and resolution ef23
forts by the United States Government, the Govern24
ment of Sudan, civil society, the United Nations,
25 and other parties.
34
DAV10784 S.L.C.
1 (4) An assessment of the roles played by other
2 governments and actors in the continuation or pre3
vention and resolution of conflict in Darfur.
4 (5) A description of incidents that may con5
stitute crimes against humanity, genocide, war
6 crimes, and other violations of international humani7
tarian law by all parties to the conflict in Sudan, in8
cluding slavery, rape, and aerial bombardment of ci9
vilian targets.
10 (6) A description of aerial bombardment of ci11
vilians by government forces, capabilities and role of
12 peacekeeping forces in providing civilian protection,
13 and the impact of criminal activity on the security
14 environment for civilians and aid workers.
15 (7) A description of the political status, levels
16 and nature of violence, and other developments with17
in Southern Kordofan and Blue Nile States.
18 (8) A description of the political status, levels
19 and nature of violence, and other developments with20
in Eastern Sudan.
21 (9) A description of the economic impact of oil
22 exploitation within Sudan and of other sources of oil
23 investment or revenue within the country.
24 (10) In all reports except the initial report, a
25 description, sector by sector, of the implementation
35
DAV10784 S.L.C.
1 of the strategy on Darfur and other areas in Sudan
2 submitted under subsection (d).
3 (d) STRATEGY ON DARFUR AND OTHER
4 MARGINALIZED AREAS IN SUDAN.—Not later than Janu5
ary 31, 2012, the Secretary of State shall submit to the
6 appropriate congressional committees a multi-year strat7
egy to support the objectives for Darfur and other areas
8 in Sudan included in this Act, including—
9 (1) specific and measurable goals;
10 (2) benchmarks and timeframes;
11 (3) an implementation plan to achieve the pol12
icy objectives set forth in section 5; and
13 (4) a monitoring and evaluation plan.
14 (e) ELIMINATION OF EXISTING REPORTING RE15
QUIREMENTS.—The Sudan Peace Act (Public Law 107–
16 245; 50 U.S.C. 1791 note) is amended—
17 (1) in section 8—
18 (A) by striking subsections (b), (c), and
19 (e); and
20 (B) in subsection (g), by striking ‘‘or (b)’’;
21 and
22 (2) by striking section 11.
23 SEC. 10. SENSE OF CONGRESS.
24 It is the sense of Congress that, of all amounts appro25
priated for fiscal years 2011 through 2014 for the Depart36
DAV10784 S.L.C.
1 ment of State and foreign operations, such sums as may
2 be necessary should be used to carry out activities author3
ized under this Act.