[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5531 Enrolled Bill (ENR)]
H.R.5531
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
An Act
To facilitate famine relief efforts and a comprehensive solution to the
war in Sudan.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sudan Peace Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The Government of Sudan has intensified its prosecution of
the war against areas outside of its control, which has already
cost more than 2,000,000 lives and has displaced more than
4,000,000 people.
(2) A viable, comprehensive, and internationally sponsored
peace process, protected from manipulation, presents the best
chance for a permanent resolution of the war, protection of human
rights, and a self-sustaining Sudan.
(3) Continued strengthening and reform of humanitarian relief
operations in Sudan is an essential element in the effort to bring
an end to the war.
(4) Continued leadership by the United States is critical.
(5) Regardless of the future political status of the areas of
Sudan outside of the control of the Government of Sudan, the
absence of credible civil authority and institutions is a major
impediment to achieving self-sustenance by the Sudanese people and
to meaningful progress toward a viable peace process. It is
critical that credible civil authority and institutions play an
important role in the reconstruction of post-war Sudan.
(6) Through the manipulation of traditional rivalries among
peoples in areas outside of its full control, the Government of
Sudan has used divide-and-conquer techniques effectively to
subjugate its population. However, internationally sponsored
reconciliation efforts have played a critical role in reducing
human suffering and the effectiveness of this tactic.
(7) The Government of Sudan utilizes and organizes militias,
Popular Defense Forces, and other irregular units for raiding and
enslaving parties in areas outside of the control of the Government
of Sudan in an effort to disrupt severely the ability of the
populations in those areas to sustain themselves. The tactic helps
minimize the Government of Sudan's accountability internationally.
(8) The Government of Sudan has repeatedly stated that it
intends to use the expected proceeds from future oil sales to
increase the tempo and lethality of the war against the areas
outside of its control.
(9) By regularly banning air transport relief flights by the
United Nations relief operation OLS, the Government of Sudan has
been able to manipulate the receipt of food aid by the Sudanese
people from the United States and other donor countries as a
devastating weapon of war in the ongoing effort by the Government
of Sudan to starve targeted groups and subdue areas of Sudan
outside of the Government's control.
(10) The acts of the Government of Sudan, including the acts
described in this section, constitute genocide as defined by the
Convention on the Prevention and Punishment of the Crime of
Genocide (78 U.N.T.S. 277).
(11) The efforts of the United States and other donors in
delivering relief and assistance through means outside of OLS have
played a critical role in addressing the deficiencies in OLS and
offset the Government of Sudan's manipulation of food donations to
advantage in the civil war in Sudan.
(12) While the immediate needs of selected areas in Sudan
facing starvation have been addressed in the near term, the
population in areas of Sudan outside of the control of the
Government of Sudan are still in danger of extreme disruption of
their ability to sustain themselves.
(13) The Nuba Mountains and many areas in Bahr al Ghazal and
the Upper Nile and the Blue Nile regions have been excluded
completely from relief distribution by OLS, consequently placing
their populations at increased risk of famine.
(14) At a cost which has sometimes exceeded $1,000,000 per day,
and with a primary focus on providing only for the immediate food
needs of the recipients, the current international relief
operations are neither sustainable nor desirable in the long term.
(15) The ability of populations to defend themselves against
attack in areas outside of the control of the Government of Sudan
has been severely compromised by the disengagement of the front-
line states of Ethiopia, Eritrea, and Uganda, fostering the belief
among officials of the Government of Sudan that success on the
battlefield can be achieved.
(16) The United States should use all means of pressure
available to facilitate a comprehensive solution to the war in
Sudan, including--
(A) the multilateralization of economic and diplomatic
tools to compel the Government of Sudan to enter into a good
faith peace process;
(B) the support or creation of viable democratic civil
authority and institutions in areas of Sudan outside of
government control;
(C) continued active support of people-to-people
reconciliation mechanisms and efforts in areas outside of
government control;
(D) the strengthening of the mechanisms to provide
humanitarian relief to those areas; and
(E) cooperation among the trading partners of the United
States and within multilateral institutions toward those ends.
SEC. 3. 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.--The term ``Government of Sudan''
means the National Islamic Front government in Khartoum, Sudan.
(3) OLS.--The term ``OLS'' means the United Nations relief
operation carried out by UNICEF, the World Food Program, and
participating relief organizations known as ``Operation Lifeline
Sudan''.
SEC. 4. CONDEMNATION OF SLAVERY, OTHER HUMAN RIGHTS ABUSES, AND TACTICS
OF THE GOVERNMENT OF SUDAN.
The Congress hereby--
(1) condemns--
(A) violations of human rights on all sides of the conflict
in Sudan;
(B) the Government of Sudan's overall human rights record,
with regard to both the prosecution of the war and the denial
of basic human and political rights to all Sudanese;
(C) the ongoing slave trade in Sudan and the role of the
Government of Sudan in abetting and tolerating the practice;
(D) the Government of Sudan's use and organization of
``murahalliin'' or ``mujahadeen'', Popular Defense Forces, and
regular Sudanese Army units into organized and coordinated
raiding and slaving parties in Bahr al Ghazal, the Nuba
Mountains, and the Upper Nile and the Blue Nile regions; and
(E) aerial bombardment of civilian targets that is
sponsored by the Government of Sudan; and
(2) recognizes that, along with selective bans on air transport
relief flights by the Government of Sudan, the use of raiding and
slaving parties is a tool for creating food shortages and is used
as a systematic means to destroy the societies, culture, and
economies of the Dinka, Nuer, and Nuba peoples in a policy of low-
intensity ethnic cleansing.
SEC. 5. ASSISTANCE FOR PEACE AND DEMOCRATIC GOVERNANCE.
(a) Assistance to Sudan.--The President is authorized to provide
increased assistance to the areas of Sudan that are not controlled by
the Government of Sudan to prepare the population for peace and
democratic governance, including support for civil administration,
communications infrastructure, education, health, and agriculture.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to the
President to carry out the activities described in subsection (a)
of this section $100,000,000 for each of the fiscal years 2003,
2004, and 2005.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) of this
subsection are authorized to remain available until expended.
SEC. 6. SUPPORT FOR AN INTERNATIONALLY SANCTIONED PEACE PROCESS.
(a) Findings.--Congress hereby--
(1) recognizes that--
(A) a single, viable internationally and regionally
sanctioned peace process holds the greatest opportunity to
promote a negotiated, peaceful settlement to the war in Sudan;
and
(B) resolution to the conflict in Sudan is best made
through a peace process based on the Declaration of Principles
reached in Nairobi, Kenya, on July 20, 1994, and on the
Machakos Protocol in July 2002; and
(2) commends the efforts of Special Presidential Envoy, Senator
Danforth and his team in working to assist the parties to the
conflict in Sudan in finding a just, permanent peace to the
conflict in Sudan.
(b) Measures of Certain Conditions Not Met.--
(1) Presidential determination.--
(A) The President shall make a determination and certify in
writing to the appropriate congressional committees within 6
months after the date of enactment of this Act, and each 6
months thereafter, that the Government of Sudan and the Sudan
People's Liberation Movement are negotiating in good faith and
that negotiations should continue.
(B) If, under subparagraph (A) the President determines and
certifies in writing to the appropriate congressional
committees that the Government of Sudan has not engaged in good
faith negotiations to achieve a permanent, just, and equitable
peace agreement, or has unreasonably interfered with
humanitarian efforts, then the President, after consultation
with the Congress, shall implement the measures set forth in
paragraph (2).
(C) If, under paragraph (A) the President determines and
certifies in writing to the appropriate congressional
committees that the Sudan People's Liberation Movement has not
engaged in good faith negotiations to achieve a permanent,
just, and equitable peace agreement, then paragraph (2) shall
not apply to the Government of Sudan.
(D) If the President certifies to the appropriate
congressional committees that the Government of Sudan is not in
compliance with the terms of a permanent peace agreement
between the Government of Sudan and the Sudan People's
Liberation Movement, then the President, after consultation
with the Congress, shall implement the measures set forth in
paragraph (2).
(E) If, at any time after the President has made a
certification under subparagraph (B), the President makes a
determination and certifies in writing to the appropriate
congressional committees that the Government of Sudan has
resumed good faith negotiations, or makes a determination and
certifies in writing to the appropriate congressional
committees that the Government of Sudan is in compliance with a
peace agreement, then paragraph (2) shall not apply to the
Government of Sudan.
(2) Measures in support of the peace process.--Subject to the
provisions of paragraph (1), the President--
(A) shall, through the Secretary of the Treasury, instruct
the United States executive directors to each international
financial institution to continue to vote against and actively
oppose any extension by the respective institution of any loan,
credit, or guarantee to the Government of Sudan;
(B) should consider downgrading or suspending diplomatic
relations between the United States and the Government of
Sudan;
(C) shall take all necessary and appropriate steps,
including through multilateral efforts, to deny the Government
of Sudan access to oil revenues to ensure that the Government
of Sudan neither directly nor indirectly utilizes any oil
revenues to purchase or acquire military equipment or to
finance any military activities; and
(D) shall seek a United Nations Security Council Resolution
to impose an arms embargo on the Government of Sudan.
(c) Report on the Status of Negotiations.--If, at any time after
the President has made a certification under subsection (b)(1)(A), the
Government of Sudan discontinues negotiations with the Sudan People's
Liberation Movement for a 14-day period, then the President shall
submit a quarterly report to the appropriate congressional committees
on the status of the peace process until negotiations resume.
(d) Report on United States Opposition To Financing by
International Financial Institutions.--The Secretary of the Treasury
shall submit a semiannual report to the appropriate congressional
committees describing the steps taken by the United States to oppose
the extension of a loan, credit, or guarantee if, after the Secretary
of the Treasury gives the instructions described in subsection
(b)(2)(A), such financing is extended.
(e) Report on Efforts To Deny Oil Revenues.--Not later than 45 days
after the President takes an action under subsection (b)(2)(C), the
President shall submit to the appropriate congressional committees a
comprehensive plan for implementing the actions described in such
subsection.
(f) Definition.--In this section, the term ``international
financial institution'' means the International Bank for Reconstruction
and Development, the International Development Association, the
International Monetary Fund, the African Development Bank, and the
African Development Fund.
SEC. 7. MULTILATERAL PRESSURE ON COMBATANTS.
It is the sense of Congress that--
(1) the United Nations should help facilitate peace and
recovery in Sudan;
(2) the President, acting through the United States Permanent
Representative to the United Nations, should seek to end the veto
power of the Government of Sudan over the plans by OLS for air
transport relief flights and, by doing so, to end the manipulation
of the delivery of relief supplies to the advantage of the
Government of Sudan on the battlefield; and
(3) the President should take appropriate measures, including
the implementation of recommendations of the International Eminent
Persons Commission contained in the report issued on May 22, 2002,
to end slavery and aerial bombardment of civilians by the
Government of Sudan.
SEC. 8. REPORTING REQUIREMENT.
Not later than 6 months after the date of the enactment of this
Act, and annually thereafter, the Secretary of State shall prepare and
submit to the appropriate congressional committees a report regarding
the conflict in Sudan. Such report shall include--
(1) a description of the sources and current status of Sudan's
financing and construction of infrastructure and pipelines for oil
exploitation, the effects of such financing and construction on the
inhabitants of the regions in which the oil fields are located, and
the ability of the Government of Sudan to finance the war in Sudan
with the proceeds of the oil exploitation;
(2) a description of the extent to which that financing was
secured in the United States or with involvement of United States
citizens;
(3) the best estimates of the extent of aerial bombardment by
the Government of Sudan, including targets, frequency, and best
estimates of damage; and
(4) a description of the extent to which humanitarian relief
has been obstructed or manipulated by the Government of Sudan or
other forces.
SEC. 9. CONTINUED USE OF NON-OLS ORGANIZATIONS FOR RELIEF EFFORTS.
(a) Sense of Congress.--It is the sense of the Congress that the
President should continue to increase the use of non-OLS agencies in
the distribution of relief supplies in southern Sudan.
(b) Report.--Not later than 90 days after the date of enactment of
this Act, the President shall submit to the appropriate congressional
committees a detailed report describing the progress made toward
carrying out subsection (a).
SEC. 10. CONTINGENCY PLAN FOR ANY BAN ON AIR TRANSPORT RELIEF FLIGHTS.
(a) Plan.--The President shall develop a contingency plan to
provide, outside the auspices of the United Nations if necessary, the
greatest possible amount of United States Government and privately
donated relief to all affected areas in Sudan, including the Nuba
Mountains and the Upper Nile and the Blue Nile regions, in the event
that the Government of Sudan imposes a total, partial, or incremental
ban on OLS air transport relief flights.
(b) Reprogramming Authority.--Notwithstanding any other provision
of law, in carrying out the plan developed under subsection (a), the
President may reprogram up to 100 percent of the funds available for
support of OLS operations for the purposes of the plan.
SEC. 11. INVESTIGATION OF WAR CRIMES.
(a) In General.--The Secretary of State shall collect information
about incidents which may constitute crimes against humanity, genocide,
war crimes, and other violations of international humanitarian law by
all parties to the conflict in Sudan, including slavery, rape, and
aerial bombardment of civilian targets.
(b) Report.--Not later than 6 months after the date of the
enactment of this Act and annually thereafter, the Secretary of State
shall prepare and submit to the appropriate congressional committees a
detailed report on the information that the Secretary of State has
collected under subsection (a) and any findings or determinations made
by the Secretary on the basis of that information. The report under
this subsection may be submitted as part of the report required under
section 8.
(c) Consultations With Other Departments.--In preparing the report
required by this section, the Secretary of State shall consult and
coordinate with all other Government officials who have information
necessary to complete the report. Nothing contained in this section
shall require the disclosure, on a classified or unclassified basis, of
information that would jeopardize sensitive sources and methods or
other vital national security interests.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.