S. 1462

Darfur Peace and Accountability Act of 2005

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        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1462 Engrossed in Senate (ES)]

109th CONGRESS
1st Session
S. 1462

_______________________________________________________________________

AN ACT

To promote peace and accountability in 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 ``Darfur Peace and Accountability Act
of 2005''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(2) Government of sudan.--
(A) In general.--The term ``Government of Sudan''
means the National Congress Party, formerly known as
the National Islamic Front, government in Khartoum,
Sudan, or any successor government formed on or after
the date of the enactment of this Act (including the
coalition National Unity Government agreed upon in the
Comprehensive Peace Agreement for Sudan), except that
such term does not include the regional Government of
Southern Sudan.
(B) Officials of the government of sudan.--The term
``Government of Sudan'', when used with respect to an
official of the Government of Sudan, does not include
an individual--
(i) who was not a member of such government
prior to July 1, 2005; or
(ii) who is a member of the regional
Government of Southern Sudan.
(3) Comprehensive peace agreement for sudan.--The term
``Comprehensive Peace Agreement for Sudan'' means the peace
agreement signed by the Government of Sudan and the Sudan
People's Liberation Movement/Army (SPLM/A) in Nairobi, Kenya,
on January 9, 2005.

SEC. 3. FINDINGS.

Congress makes the following findings:
(1) On July 22, 2004, the House of Representatives and the
Senate declared that the atrocities occurring in the Darfur
region of Sudan are genocide.
(2) On September 9, 2004, Secretary of State Colin L.
Powell stated before the Committee on Foreign Relations of the
Senate, ``genocide has been committed in Darfur and... the
Government of Sudan and the [Janjaweed] bear responsibility--
and genocide may still be occurring''.
(3) On September 21, 2004, in an address before the United
Nations General Assembly, President George W. Bush affirmed the
Secretary of State's finding and stated, ``[a]t this hour, the
world is witnessing terrible suffering and horrible crimes in
the Darfur region of Sudan, crimes my government has concluded
are genocide''.
(4) On July 30, 2004, the United Nations Security Council
passed Security Council Resolution 1556, calling upon the
Government of Sudan to disarm the Janjaweed militias and to
apprehend and bring to justice Janjaweed leaders and their
associates who have incited and carried out violations of human
rights and international humanitarian law, and establishing a
ban on the sale or supply of arms and related materiel of all
types, including the provision of related technical training or
assistance, to all nongovernmental entities and individuals,
including the Janjaweed.
(5) On September 18, 2004, the United Nations Security
Council passed Security Council Resolution 1564, determining
that the Government of Sudan had failed to meet its obligations
under Security Council Resolution 1556, calling for a military
flight ban in and over the Darfur region, demanding the names
of Janjaweed militiamen disarmed and arrested for verification,
establishing an International Commission of Inquiry on Darfur
to investigate violations of international humanitarian and
human rights laws, and threatening sanctions should the
Government of Sudan fail to fully comply with Security Council
Resolutions 1556 and 1564, including such actions as to affect
Sudan's petroleum sector or individual members of the
Government of Sudan.
(6) The Report of the International Commission of Inquiry
on Darfur established that the ``Government of the Sudan and
the Janjaweed are responsible for serious violations of
international human rights and humanitarian law amounting to
crimes under international law,'' that ``these acts were
conducted on a widespread and systematic basis, and therefore
may amount to crimes against humanity,'' and that Sudanese
officials and other individuals may have acted with ``genocidal
intent''.
(7) The Report of the International Commission of Inquiry
on Darfur further notes that, pursuant to its mandate and in
the course of its work, the Commission had collected
information relating to individual perpetrators of acts
constituting ``violations of international human rights law and
international humanitarian law, including crimes against
humanity and war crimes'' and that a sealed file containing the
names of those individual perpetrators had been delivered to
the United Nations Secretary-General.
(8) On March 24, 2005, the United Nations Security Council
passed Security Council Resolution 1590, establishing the
United Nations Mission in Sudan (UNMIS), consisting of up to
10,000 military personnel and 715 civilian police and tasked
with supporting implementation of the Comprehensive Peace
Agreement for Sudan and ``closely and continuously liais[ing]
and coordinat[ing] at all levels with the African Union Mission
in Sudan (AMIS) with a view towards expeditiously reinforcing
the effort to foster peace in Darfur''.
(9) On March 29, 2005, the United Nations Security Council
passed Security Council Resolution 1591, extending the military
embargo established by Security Council Resolution 1556 to all
the parties to the N'djamena Ceasefire Agreement and any other
belligerents in the states of North Darfur, South Darfur, and
West Darfur, calling for an asset freeze and travel ban against
those individuals who impede the peace process, constitute a
threat to stability in Darfur and the region, commit violations
of international humanitarian or human rights law or other
atrocities, are responsible for offensive military overflights,
or violate the military embargo, and establishing a Committee
of the Security Council and a Panel of Experts to assist in
monitoring compliance with Security Council Resolutions 1556
and 1591.
(10) On March 31, 2005, the United Nations Security Council
passed Security Council Resolution 1593, referring the
situation in Darfur since July 1, 2002, to the prosecutor of
the International Criminal Court and calling on the Government
of Sudan and all parties to the conflict to cooperate fully
with the Court.
(11) In remarks before the G-8 Summit on June 30, 2005,
President Bush reconfirmed that ``the violence in Darfur is
clearly genocide'' and ``the human cost is beyond
calculation''.
(12) On July 30, 2005, Dr. John Garang de Mabior, the newly
appointed Vice President of Sudan and the leader of the Sudan
People's Liberation Movement/Army (SPLM/A) for the past 21
years, was killed in a tragic helicopter crash in southern
Sudan, sparking riots in Khartoum and challenging the
commitment of all the people of Sudan to the Comprehensive
Peace Agreement for Sudan.

SEC. 4. SENSE OF CONGRESS.

It is the sense of Congress that--
(1) the genocide unfolding in the Darfur region of Sudan is
characterized by atrocities directed against civilians,
including mass murder, rape, and sexual violence committed by
the Janjaweed and associated militias with the complicity and
support of the National Congress Party-led faction of the
Government of Sudan;
(2) all parties to the conflict in the Darfur region have
continued to violate the N'djamena Ceasefire Agreement of April
8, 2004, and the Abuja Protocols of November 9, 2004, and
violence against civilians, humanitarian aid workers, and
personnel of the African Union Mission in Sudan (AMIS) is
increasing;
(3) the African Union should rapidly expand the size and
amend the mandate of the African Union Mission in Sudan (AMIS)
to authorize such action as may be necessary to protect
civilians and humanitarian operations, and deter violence in
the Darfur region without delay;
(4) the international community, including the United
Nations, the North Atlantic Treaty Organization (NATO), the
European Union, and the United States, should immediately act
to mobilize sufficient political, military, and financial
resources to support the expansion of the African Union Mission
in Sudan so that it achieves the size, strength, and capacity
necessary for protecting civilians and humanitarian operations,
and ending the continued violence in the Darfur region;
(5) if an expanded and reinforced African Union Mission in
Sudan fails to stop genocide in the Darfur region, the
international community should take additional, dispositive
measures to prevent and suppress acts of genocide in the Darfur
region;
(6) acting under Article 5 of the Charter of the United
Nations, the United Nations Security Council should call for
suspension of the Government of Sudan's rights and privileges
of membership by the General Assembly until such time as the
Government of Sudan has honored pledges to cease attacks upon
civilians, demobilize the Janjaweed and associated militias,
grant free and unfettered access for deliveries of humanitarian
assistance in the Darfur region, and allow for safe, unimpeded,
and voluntary return of refugees and internally displaced
persons;
(7) the President should use all necessary and appropriate
diplomatic means to ensure the full discharge of the
responsibilities of the Committee of the United Nations
Security Council and the Panel of Experts established pursuant
to section 3(a) of Security Council Resolution 1591 (March 29,
2005);
(8) the United States should not provide assistance to the
Government of Sudan, other than assistance necessary for the
implementation of the Comprehensive Peace Agreement for Sudan,
the support of the regional Government of Southern Sudan and
marginalized areas in northern Sudan (including the Nuba
Mountains, Southern Blue Nile, Abyei, Eastern Sudan (Beja),
Darfur, and Nubia), as well as marginalized peoples in and
around Khartoum, or for humanitarian purposes in Sudan, until
such time as the Government of Sudan has honored pledges to
cease attacks upon civilians, demobilize the Janjaweed and
associated militias, grant free and unfettered access for
deliveries of humanitarian assistance in the Darfur region, and
allow for safe, unimpeded, and voluntary return of refugees and
internally displaced persons;
(9) the President should seek to assist members of the
Sudanese diaspora in the United States by establishing a
student loan forgiveness program for those individuals who
commit to return to southern Sudan for a period of not less
than 5 years for the purpose of contributing professional
skills needed for the reconstruction of southern Sudan;
(10) the President should appoint a Presidential Envoy for
Sudan to provide stewardship of efforts to implement the
Comprehensive Peace Agreement for Sudan, seek ways to bring
stability and peace to the Darfur region, address instability
elsewhere in Sudan and northern Uganda, and pursue a truly
comprehensive peace throughout the region;
(11) in order to achieve the goals specified in paragraph
(10) and to further promote human rights and civil liberties,
build democracy, and strengthen civil society, the Presidential
Envoy for Sudan should be empowered to promote and encourage
the exchange of individuals pursuant to educational and
cultural programs, including programs funded by the United
States Government;
(12) the international community should strongly condemn
attacks against humanitarian workers and demand that all armed
groups in the Darfur region, including the forces of the
Government of Sudan, the Janjaweed, associated militias, the
Sudan Liberation Movement/Army (SLM/A), the Justice and
Equality Movement (JEM), and all other armed groups to refrain
from such attacks;
(13) the United States should fully support the
Comprehensive Peace Agreement for Sudan and urge rapid
implementation of its terms; and
(14) the new leadership of the Sudan People's Liberation
Movement (SPLM) should--
(A) seek to transform the SPLM into an inclusive,
transparent, and democratic political body;
(B) reaffirm the commitment of the SPLM to bringing
peace not only to southern Sudan, but also to the
Darfur region, eastern Sudan, and northern Uganda; and
(C) remain united in the face of potential efforts
to undermine the SPLM.

SEC. 5. SANCTIONS IN SUPPORT OF PEACE IN DARFUR.

(a) Blocking of Assets and Restriction on Visas.--Section 6 of the
Comprehensive Peace in Sudan Act of 2004 (Public Law 108-497; 50 U.S.C.
1701 note) is amended--
(1) in the heading of subsection (b), by inserting ``of
Appropriate Senior Officials of the Sudanese Government'' after
``Assets'';
(2) by redesignating subsections (c) through (e) as
subsections (d) through (f), respectively; and
(3) by inserting after subsection (b) the following new
subsection:
``(c) Blocking of Assets and Restriction on Visas of Certain
Individuals Identified by the President.--
``(1) Blocking of assets.--Beginning on the date that is 30
days after the date of the enactment of the Darfur Peace and
Accountability Act of 2005, and in the interest of contributing
to peace in Sudan, the President shall, consistent with the
authorities granted in the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.), block the assets of any
individual who the President determines is complicit in, or
responsible for, acts of genocide, war crimes, or crimes
against humanity in Darfur, including the family members or any
associates of such individual to whom assets or property of
such individual was transferred on or after July 1, 2002.
``(2) Restriction on visas.--Beginning on the date that is
30 days after the date of the enactment of the Darfur Peace and
Accountability Act of 2005, and in the interest of contributing
to peace in Sudan, the President shall deny visas and entry to
any individual who the President determines is complicit in, or
responsible for, acts of genocide, war crimes, or crimes
against humanity in Darfur, including the family members or any
associates of such individual to whom assets or property of
such individual was transferred on or after July 1, 2002.''.
(b) Waiver.--Section 6(d) of the Comprehensive Peace in Sudan Act
of 2004 (as redesignated by subsection (a)) is amended by adding at the
end the following new sentence: ``The President may waive the
application of paragraph (1) or (2) of subsection (c) with respect to
an individual if--
``(1) the President determines that such a waiver is in the
national interest of the United States; and
``(2) prior to exercising the waiver, the President
transmits to the appropriate congressional committees a
notification of the waiver that includes the name of the
individual and the reasons for the waiver.''.
(c) Sanctions Against Certain Janjaweed Commanders and
Coordinators.--The President should immediately consider imposing the
sanctions described in section 6(c) of the Comprehensive Peace in Sudan
Act of 2004 (as added by subsection (a)) against the Janjaweed
commanders and coordinators identified by former United States
Ambassador-at-Large for War Crimes before the Subcommittee on Africa of
the Committee on International Relations of the House of
Representatives on June 24, 2004.

SEC. 6. ADDITIONAL AUTHORITIES TO DETER AND SUPPRESS GENOCIDE IN
DARFUR.

(a) United States Assistance To Support AMIS.--Section 7 of the
Comprehensive Peace in Sudan Act of 2004 (Public Law 108-497; 50 U.S.C.
1701 note) is amended--
(1) by striking ``Notwithstanding'' and inserting ``(a)
General Assistance.--Notwithstanding''; and
(2) by adding at the end the following new subsection:
``(b) Assistance To Support AMIS.--Notwithstanding any other
provision of law, the President is authorized to provide assistance, on
such terms and conditions as the President may determine and in
consultation with the appropriate congressional committees, to
reinforce the deployment and operations of an expanded African Union
Mission in Sudan (AMIS) with the mandate, size, strength, and capacity
to protect civilians and humanitarian operations, stabilize the Darfur
region of Sudan and dissuade and deter air attacks directed against
civilians and humanitarian workers, including but not limited to
providing assistance in the areas of logistics, transport,
communications, materiel support, technical assistance, training,
command and control, aerial surveillance, and intelligence.''.
(b) NATO Assistance to Support AMIS.--The President should instruct
the United States Permanent Representative to the North Atlantic Treaty
Organization (NATO) to use the voice, vote, and influence of the United
States at NATO to advocate NATO reinforcement of the African Union
Mission in Sudan (AMIS), upon the request of the African Union,
including but not limited to the provision of assets to dissuade and
deter offensive air strikes directed against civilians and humanitarian
workers in the Darfur region of Sudan and other logistical,
transportation, communications, training, technical assistance, command
and control, aerial surveillance, and intelligence support.
(c) Denial of Entry at United States Ports to Certain Cargo Ships
or Oil Tankers.--
(1) In general.--The President should take all necessary
and appropriate steps to deny the Government of Sudan access to
oil revenues, including by prohibiting entry at United States
ports to cargo ships or oil tankers engaged in business or
trade activities in the oil sector of Sudan or involved in the
shipment of goods for use by the armed forces of Sudan, until
such time as the Government of Sudan has honored its
commitments to cease attacks on civilians, demobilize and
demilitarize the Janjaweed and associated militias, grant free
and unfettered access for deliveries of humanitarian
assistance, and allow for the safe and voluntary return of
refugees and internally displaced persons.
(2) Exception.--Paragraph (1) shall not apply with respect
to cargo ships or oil tankers involved in an internationally-
recognized demobilization program or the shipment of non-lethal
assistance necessary to carry out elements of the Comprehensive
Peace Agreement for Sudan.
(d) Prohibition on Assistance to Countries in Violation of United
Nations Security Council Resolutions 1556 and 1591.--
(1) Prohibition.--Amounts made available to carry out the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) may not
be used to provide assistance to the government of a country
that is in violation of the embargo on military assistance with
respect to Sudan imposed pursuant to United Nations Security
Council Resolutions 1556 (July 30, 2004) and 1591 (March 29,
2005).
(2) Waiver.--The President may waive the application of
paragraph (1) if the President determines and certifies to the
appropriate congressional committees that it is in the national
interests of the United States to do so.

SEC. 7. MULTILATERAL EFFORTS.

The President shall direct the United States Permanent
Representative to the United Nations to use the voice and vote of the
United States to urge the adoption of a resolution by the United
Nations Security Council which--
(1) supports the expansion of the African Union Mission in
Sudan (AMIS) so that it achieves the mandate, size, strength,
and capacity needed to protect civilians and humanitarian
operations, and dissuade and deter fighting and violence in the
Darfur region of Sudan, and urges member states of the United
Nations to accelerate political, material, financial, and other
assistance to the African Union toward this end;
(2) reinforces efforts of the African Union to negotiate
peace talks between the Government of Sudan, the Sudan
Liberation Movement/Army (SLM/A), the Justice and Equality
Movement (JEM), and associated armed groups in the Darfur
region, calls on the Government of Sudan, the SLM/A, and the
JEM to abide by their obligations under the N'Djamena Ceasefire
Agreement of April 8, 2004 and subsequent agreements, urges all
parties to engage in peace talks without preconditions and seek
to resolve the conflict, and strongly condemns all attacks
against humanitarian workers and African Union personnel in the
Darfur region;
(3) imposes sanctions against the Government of Sudan,
including sanctions against individual members of the
Government of Sudan, and entities controlled or owned by
officials of the Government of Sudan or the National Congress
Party in Sudan until such time as the Government of Sudan has
honored its commitments to cease attacks on civilians,
demobilize and demilitarize the Janjaweed and associated
militias, grant free and unfettered access for deliveries of
humanitarian assistance, and allow for the safe and voluntary
return of refugees and internally displaced persons;
(4) extends the military embargo established by United
Nations Security Council Resolutions 1556 (July 30, 2004) and
1591 (March 29, 2005) to include a total prohibition on the
sale or supply of offensive military equipment to the
Government of Sudan, except for use in an internationally-
recognized demobilization program or for non-lethal assistance
necessary to carry out elements of the Comprehensive Peace
Agreement for Sudan;
(5) calls upon those member states of the United Nations
that continue to undermine efforts to foster peace in Sudan by
providing military assistance and equipment to the Government
of Sudan, the SLM/A, the JEM, and associated armed groups in
the Darfur region in violation of the embargo on such
assistance and equipment, as called for in United Nations
Security Council Resolutions 1556 and 1591, to immediately
cease and desist; and
(6) acting under Article 5 of the Charter of the United
Nations, calls for suspension of the Government of Sudan's
rights and privileges of membership by the General Assembly
until such time as the Government of Sudan has honored pledges
to cease attacks upon civilians, demobilize the Janjaweed and
associated militias, grant free and unfettered access for
deliveries of humanitarian assistance in the Darfur region, and
allow for safe, unimpeded, and voluntary return of refugees and
internally displaced persons.

SEC. 8. CONTINUATION OF RESTRICTIONS.

Restrictions against the Government of Sudan that were imposed or
are otherwise applicable pursuant to Executive Order 13067 of November
3, 1997 (62 Federal Register 59989), title III and sections 508, 512,
527, and 569 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2005 (division D of Public Law 108-447),
or any other similar provision of law, should remain in effect and
should not be lifted pursuant to such provisions of law until the
President transmits to the appropriate congressional committees a
certification that the Government of Sudan is acting in good faith--
(1) to peacefully resolve the crisis in the Darfur region
of Sudan;
(2) to disarm, demobilize, and demilitarize the Janjaweed
and all government-allied militias;
(3) to adhere to United Nations Security Council
Resolutions 1556 (2004), 1564 (2004), 1591 (2005), and 1593
(2005);
(4) to negotiate a peaceful resolution to the crisis in
eastern Sudan;
(5) to fully cooperate with efforts to disarm, demobilize,
and deny safe haven to members of the Lords Resistance Army;
and
(6) to fully implement the Comprehensive Peace Agreement
for Sudan without manipulation or delay, including by--
(A) implementing the recommendations of the Abyei
Commission Report;
(B) establishing other appropriate commissions and
implementing and adhering to the recommendations of
such commissions consistent with the terms of the
Comprehensive Peace Agreement for Sudan;
(C) adhering to the terms of the Wealth Sharing
Agreement; and
(D) withdrawing government forces from southern
Sudan consistent with the terms of the Comprehensive
Peace Agreement for Sudan.

SEC. 9. ASSISTANCE EFFORTS IN SUDAN.

(a) Additional Authorities.--Section 501(a) of the Assistance for
International Malaria Control Act (Public Law 106-570; 114 Stat. 350;
50 U.S.C. 1701 note) is amended--
(1) by striking ``Notwithstanding any other provision of
law'' and inserting the following:
``(1) In general.--Notwithstanding any other provision of
law'';
(2) by inserting ``civil administrations,'' after
``indigenous groups,'';
(3) by striking ``areas outside of control of the
Government of Sudan'' and inserting ``southern Sudan, southern
Kordofan/Nuba Mountains State, Blue Nile State, and Abyei'';
(4) by inserting before the period at the end the
following: ``, including the Comprehensive Peace Agreement for
Sudan''; and
(5) by adding at the end the following new paragraph:
``(2) Congressional notification.--Assistance may not be
obligated under this subsection until 15 days after the date on
which the President has provided notice thereof to the
congressional committees specified in section 634A of the
Foreign Assistance Act of 1961 (22 U.S.C. 2394-1) in accordance
with the procedures applicable to reprogramming notifications
under such section.''.
(b) Exception to Prohibitions in Executive Order No. 13067.--
Subsection (b) of such section is amended--
(1) in the heading, by striking ``Export Prohibitions'' and
inserting ``Prohibitions in Executive Order No. 13067'';
(2) by striking ``shall not'' and inserting ``should not'';
(3) by striking ``any export from an area in Sudan outside
of control of the Government of Sudan, or to any necessary
transaction directly related to that export'' and inserting
``activities or related transactions with respect to southern
Sudan, southern Kordofan/Nuba Mountains State, Blue Nile State,
or Abyei''; and
(4) by striking ``the export or related transaction'' and
all that follows and inserting ``such activities or related
transactions would directly benefit the economic recovery and
development of those areas and people.''.

SEC. 10. REPORTS.

(a) Report on African Union Mission in Sudan (AMIS).--Section 8 of
the Sudan Peace Act (Public Law 107-245; 50 U.S.C. 1701 note) is
amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Report on African Union Mission in Sudan (AMIS).--In
conjunction with reports required under subsections (a) and (b) of this
section thereafter, the Secretary of State shall submit to the
appropriate congressional committees a report, to be prepared in
conjunction with the Secretary of Defense, on--
``(1) efforts to fully deploy the African Union Mission in
Sudan (AMIS) with the size, strength, and capacity necessary to
stabilize the Darfur region of Sudan and protect civilians and
humanitarian operations;
``(2) the needs of AMIS to ensure success, including in the
areas of housing, transport, communications, equipment,
technical assistance, training, command and control,
intelligence, and such assistance as is necessary to dissuade
and deter attacks, including by air, directed against civilians
and humanitarian operations;
``(3) the current level of United States assistance and
other assistance provided to AMIS, and a request for additional
United States assistance, if necessary;
``(4) the status of North Atlantic Treaty Organization
(NATO) plans and assistance to support AMIS; and
``(5) the performance of AMIS in carrying out its mission
in the Darfur region.''.
(b) Report on Sanctions in Support of Peace in Darfur.--Section 8
of the Sudan Peace Act (Public Law 107-245; 50 U.S.C. 1701 note), as
amended by subsection (a), is further amended--
(1) by redesignating subsection (d) (as redesignated) as
subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Report on Sanctions in Support of Peace in Darfur.--In
conjunction with reports required under subsections (a), (b), and (c)
of this section thereafter, the Secretary of State shall submit to the
appropriate congressional committees a report regarding sanctions
imposed under subsections (a) through (d) of section 6 of the
Comprehensive Peace in Sudan Act of 2004, including--
``(1) a description of each sanction imposed under such
provisions of law; and
``(2) the name of the individual or entity subject to the
sanction, if applicable.''.
(c) Report on Individuals Identified by the United Nations in
Connection With Genocide, War Crimes, and Crimes Against Humanity or
Other Violations of International Humanitarian Law in Darfur.--Section
8 of the Sudan Peace Act (Public Law 107-245; 50 U.S.C. 1701 note), as
amended by subsections (a) and (b), is further amended--
(1) by redesignating subsection (e) (as redesignated) as
subsection (f); and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Report on Individuals Identified by the United Nations in
Connection With Genocide, War Crimes, and Crimes Against Humanity or
Other Violations of International Humanitarian Law in Darfur.--Not
later than 30 days after the date on which the United States has access
to any of the names of the individuals identified by the International
Commission of Inquiry on Darfur (established pursuant to United Nations
Security Council Resolution 1564 (2004)), or the names of the
individuals designated by the Committee of the United Nations Security
Council (established pursuant to United Nations Security Council
Resolution 1591 (2005)), the Secretary of State shall submit to the
appropriate congressional committees a report containing an assessment
as to whether such individuals may be subject to sanctions under
section 6 of the Comprehensive Peace in Sudan Act of 2004 (as amended
by the Darfur Peace and Accountability Act of 2005) and the reasons for
such determination.''.

Passed the Senate November 18, 2005.

Attest:

Secretary.
109th CONGRESS

1st Session

S. 1462

_______________________________________________________________________

AN ACT

To promote peace and accountability in Sudan, and for other purposes.