[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5061 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5061

 To provide assistance for the current crisis in the Darfur region of 
        Sudan and to facilitate a comprehensive peace in Sudan.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 9, 2004

   Mr. Tancredo (for himself, Mr. Pitts, Mr. Franks of Arizona, Mr. 
    Lantos, and Mr. Payne) introduced the following bill; which was 
          referred to the Committee on International Relations

_______________________________________________________________________

                                 A BILL


 
 To provide assistance for the current crisis in the Darfur region of 
        Sudan and to facilitate a comprehensive peace 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 ``Comprehensive Peace in Sudan Act''.

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) JEM.--The term ``JEM'' means the Justice and Equality 
        Movement.
            (3) SPLM.--The term ``SPLM'' means the Sudan People's 
        Liberation Movement.
            (4) SLA.--The term ``SLA'' means the Sudan Liberation Army.
            (5) Government of sudan.--The term ``Government of Sudan'' 
        means the National Islamic Front government in Khartoum, Sudan, 
        or any successor government formed on or after the date of the 
        enactment of this Act (other than the coalition government 
        agreed upon in the Nairobi Declaration on the Final Phase of 
        Peace in the Sudan).

SEC. 3. FINDINGS.

    Congress makes the following findings:
            (1) Since seizing power through a military coup in 1989, 
        the Government of Sudan has repeatedly attacked and dislocated 
        civilian populations in southern Sudan in a coordinated policy 
        of ethnic cleansing that cost the lives of over 2,000,000 
        people and displaced more than 4,000,000 people.
            (2) The Governments of the United States, the United 
        Kingdom, and Norway have each committed significant resources 
        to promote an internationally supported peace process between 
        the Government of Sudan and the Sudan People's Liberation 
        Movement (SPLM), under the auspices of the Inter-Governmental 
        Authority on Development.
            (3) Following the signing of the Machakos Agreement in July 
        2002, the Government of Sudan and the SPLM reached a number of 
        important agreements on issues such as self-determination, 
        security arrangements, and wealth and power sharing, 
        culminating in the final framework agreement, the Nairobi 
        Declaration on the Final Phase of Peace in the Sudan, signed on 
        June 6, 2004.
            (4) Despite efforts to negotiate a settlement between the 
        Government of Sudan and the SPLM, a conflict between forces of 
        the Government of Sudan, including militia forces backed by the 
        Government, and rebel forces (the Sudan Liberation Army (SLA) 
        and the Justice and Equality Movement (JEM)) in the 
        impoverished Darfur region of western Sudan, began in early 
        2003 and has resulted in attacks by ground and air forces of 
        the Government of Sudan against innocent civilians and 
        undefended villages in the region.
            (5) The United Nations estimates that 2,200,000 people are 
        conflict-affected in the Darfur region and neighboring Chad, 
        1,200,000 people have been internally displaced, 200,000 people 
        have fled into Chad, and 50,000 people have been killed.
            (6) The United States Agency for International Development 
        projects that the violence and the obstruction of the delivery 
        of food, shelter, and medical care to people of Darfur will 
        result in the death of an estimated 320,000 people between 
        April 1, 2004, and December 31, 2004.
            (7) Sudanese Government forces and government supported 
        militia forces have also engaged in the use of rape as a weapon 
        of war, the abduction of children, the destruction of food and 
        water sources, and the deliberate and systematic manipulation 
        and denial of humanitarian assistance for the people of the 
        Darfur region.
            (8) The United Nations High Commissioner for Human Rights 
        identified ``massive human rights violations in Darfur 
        perpetrated by the Government of Sudan and the Janjaweed, which 
        may constitute war crimes and/or crimes against humanity''.
            (9) The United Nations Special Rapporteur on Extrajudicial, 
        Summary or Arbitrary Executions stated in a recent report to 
        the United Nations Sub-Commission on Human Rights that ``[i]t 
        is beyond doubt that the [G]overnment of Sudan is responsible 
        for extrajudicial and summary executions of large numbers of 
        people over the last several months in the Darfur region'', and 
        that ``[t]he current humanitarian disaster unfolding in Darfur, 
        for which the government is largely responsible, has put 
        millions of civilians at risk''.
            (10) The Department of State, in a press briefing on June 
        24, 2004, stated, as of the time of the briefing: ``301 
        villages in Darfur have been destroyed and 76 have been 
        damaged. There have been crops burned, killed or stolen cattle, 
        and destroyed irrigation systems.''.
            (11) Attacks on civilians in the Darfur region continue 
        despite an April 8, 2004, temporary cease-fire agreement 
        reached between the Government of Sudan and the JEM and SLA 
        rebel groups in N'Djamena, Chad.
            (12) On July 22, 2004, the United States House of 
        Representatives and Senate both declared that the atrocities 
        unfolding in Darfur, Sudan are genocide.
            (13) On September 9, 2004, Secretary of State Colin L. 
        Powell stated before the Senate Committee on Foreign Relations: 
        ``When we reviewed the evidence compiled by our team, along 
        with other information available to the State Department, we 
        concluded that genocide has been committed in Darfur and that 
        the Government of Sudan and the jinjaweid bear responsibility--
        and genocide may still be occurring.''
            (14) On July 30, 2004, the United Nations Security Council 
        passed Resolution 1556, calling upon the Government of Sudan to 
        disarm the Janjaweed militias, apprehend and bring to justice 
        Janjaweed leaders and their associates who have incited and 
        carried out violations of human rights and international 
        humanitarian law, as well as other atrocities in the Darfur 
        region.
            (15) The cooperation and mediation of the SPLM is critical 
        to bringing about a political settlement between the Government 
        of Sudan, the SLA, and the JEM.
            (16) Practical implementation of a comprehensive peace 
        agreement for Sudan, as envisioned in the Sudan Peace Act (50 
        12 U.S.C. 1701 note), and in the Machakos Protocol of 2002, is 
        hampered by the ongoing violence in the Darfur region and by 
        the Government of Sudan's complicity in the violence.
            (17) The final framework peace agreement between the 
        Government of Sudan and the SPLM is at great risk of collapse. 
        Since the signing of the Nairobi Declaration on the Final Phase 
        of Peace in the Sudan, the Government of Sudan has frustrated 
        the process of the Inter-Governmental Authority on Development 
        by pursuing delay tactics and raising new issues in the 
        negotiations.
            (18) Moreover, the Government of Sudan's complicity in the 
        atrocities in the Darfur region raises fundamental questions 
        about the Government of Sudan's commitment to peace and 
        stability in Sudan.

SEC. 4. SENSE OF CONGRESS REGARDING GENOCIDE AND THE CONFLICT IN 
              DARFUR, SUDAN.

    (a) Sudan Peace Act.--It is the sense of Congress that the Sudan 
Peace Act (50 U.S.C. 1701 note) remains relevant and should be extended 
to include the Darfur region of Sudan.
    (b) Actions to Address Genocide and the Conflict in Darfur.--It is 
the sense of Congress that--
            (1) the atrocities unfolding in the Darfur region of Sudan 
        are genocide;
            (2) the Government of Sudan has violated the Convention on 
        the Prevention and Punishment of the Crime of Genocide, signed 
        at Paris on December 9, 1948, to which it is a contracting 
        party, as a result of its complicity in the violence in the 
        Darfur region;
            (3) a legitimate countrywide peace in Sudan will only be 
        possible if the principles enumerated in the 1948 Universal 
        Declaration of Human Rights, the Machakos Protocol of 2002, and 
        the Nairobi Declaration on the Final Phase of Peace in the 
        Sudan are applied to all of Sudan, including the Darfur region;
            (4) the parties to the Humanitarian Ceasefire on the 
        Conflict in Darfur (the Government of Sudan, the SLA, and the 
        JEM), signed in N'Djamena, Chad, on April 8, 2004, must meet 
        their obligations under that agreement, including--
                    (A) to give up the use of force as a means of 
                settling the conflict in the Darfur region;
                    (B) to allow safe and immediate access of all 
                humanitarian assistance throughout the Darfur region;
                    (C) to allow the deployment of and cooperate with 
                international monitors and security forces; and
                    (D) to expedite the conclusion of a political 
                agreement to end the conflict in the Darfur region;
            (5) the President should impose targeted sanctions on the 
        assets and activities of those Sudanese Government officials 
        and other individuals who are determined to be involved in 
        carrying out or otherwise involved in the policy of genocide in 
        the Darfur region, as well as on the assets and activities of 
        businesses controlled by the Government of Sudan and the 
        National Congress Party;
            (6) the United States Government should not normalize 
        relations with Sudan, including through the lifting of any 
        sanctions, until the Government of Sudan agrees to and 
        implements a comprehensive peace agreement for all areas of 
        Sudan, including the Darfur region;
            (7) the United States and the international community 
        should use all necessary means to assist international monitors 
        and security forces in the Darfur region, particularly the 
        African Union monitoring team, in order to ensure an 
        appropriate international humanitarian response to, and the 
        protection of human life and human rights in, the Darfur 
        region;
            (8) the United States should continue to provide 
        humanitarian assistance to the areas of Sudan to which the 
        United States has access;
            (9) the member states of the United Nations, particularly 
        the member states from the African Union, the Arab League, and 
        the Organization of the Islamic Conference, should undertake 
        measures to prevent the genocide in the Darfur region from 
        escalating further, including the imposition of targeted 
        sanctions against those responsible for the atrocities;
            (10) in the areas of Sudan to which humanitarian access by 
        the United States is obstructed or denied, the United States 
        should provide humanitarian assistance through nongovernmental 
        organizations, regardless of opposition to such assistance by 
        the Government of Sudan; and
            (11) the international community, including African, Arab, 
        and Muslim nations, should immediately provide logistical, 
        financial, in-kind, and personnel resources necessary to save 
        the lives of hundreds of thousands of individuals in the Darfur 
        crisis;

SEC. 5. DISCLOSURE OF BUSINESS ACTIVITIES IN SUDAN.

    (a) Annual Report to Congress.--The Secretary of the Treasury 
shall, not later than 6 months after the date of the enactment of this 
Act, and not later than the end of each 1-year period thereafter, 
submit to the Congress a report that includes--
            (1) the identity of all entities that are engaged in 
        commercial activity in Sudan;
            (2) the nature and extent of that commercial activity in 
        Sudan, including any plans for expansion or diversification;
            (3) the identity of all agencies of the Sudanese Government 
        with which any such entity is doing business; and
            (4) the relationship of the commercial activity to any 
        violations of religious freedom and other human rights in 
        Sudan.
    (b) Disclosure to the Public.--The Secretary of the Treasury shall 
publish or otherwise make available to the public each report submitted 
under subsection (a).

SEC. 6. PROHIBITION ON TRADING IN UNITED STATES CAPITAL MARKETS.

    (a) Prohibition.--The President shall exercise the authorities he 
has under the International Emergency Economic Powers Act (without 
regard to the requirements set forth in section 202 of that Act) to 
prohibit any entity engaged in any commercial activity in Sudan--
            (1) from raising capital in the United States; or
            (2) from trading its securities (or depository receipts 
        with respect to its securities) in any capital market in the 
        United States.
    (b) Penalties.--The penalties under section 206 of the 
International Emergency Economic Powers Act shall apply to violations 
under subsection (a) to the same extent as such penalties apply to 
violations under that Act.

SEC. 7. SANCTIONS IN SUPPORT OF PEACE IN DARFUR.

    (a) Sanctions.--
            (1) Sudan peace act.--Beginning on the date of the 
        enactment of this Act, the President shall, notwithstanding 
        paragraph (1) of section 6(b) of the Sudan Peace Act (50 U.S.C. 
        1701 note), implement the measures set forth in subparagraphs 
        (A) through (D) of paragraph (2) of such section.
            (2) Homeland security act of 2002.--Beginning on the date 
        of the enactment of this Act, the Secretary of State shall, 
        notwithstanding section 428(b) of the Homeland Security Act of 
        2002 (6 U.S.C. 236(b)), prohibit the granting of a visa to--
                    (A) a senior member of the Government of Sudan;
                    (B) a senior official of the military of Sudan; or
                    (C) a family member of an individual described in 
                subparagraph (A) or (B).
    (b) Suspension of Sanctions.--The President may suspend the 
application of paragraph (1) or (2) of subsection (a), or both, if the 
President determines and certifies to the appropriate congressional 
committees that the Government of Sudan has--
            (1) taken demonstrable steps to ensure that the armed 
        forces and the militias, known as the Janjaweed, are not 
        attacking civilians;
            (2) taken significant demonstrable and verifiable steps to 
        demobilize and disarm the Janjaweed in the Darfur region;
            (3) ceased harassment of aid workers, including those who 
        report human rights abuses, and allowed unfettered humanitarian 
        access to the Darfur region;
            (4) fully cooperated with the deployment and operation of 
        international monitors and security forces, particularly the 
        African Union monitoring team, for the Darfur region;
            (5) is taking demonstrable steps to ensure the safe return 
        of displaced persons and refugees to their homes, and 
        rebuilding the communities destroyed in the violence;
            (6) implemented the Nairobi Declaration on the Final Phase 
        of Peace in the Sudan; and
            (7) installed a new coalition government based on the 
        agreements reached in the Nairobi Declaration on the Final 
        Phase of Peace in the Sudan and is otherwise accommodating the 
        new coalition government formed as a result of the agreement.
    (c) Reinstatement of Sanctions.--The President shall reinstate the 
sanctions listed in paragraph (1) or (2) of subsection (a), or both, 
that have been suspended under subsection (b) (as the case may be) if 
at any time the President determines that the Government of Sudan is no 
longer in compliance with any of the criteria listed in paragraphs (1) 
through (8) of such subsection.
    (d) Waiver.--The President may waive the application of paragraph 
(1) or (2) of subsection (a), or both, if the President determines and 
certifies to the appropriate congressional committees that exceptional 
circumstances in support of peace in Sudan necessitate such a waiver.

SEC. 8. MULTILATERAL EFFORTS.

    The Secretary of State should direct the United States Permanent 
Representative to the United Nations to--
            (1) press the United Nations Security Council to pursue 
        accountability for those who are found responsible for 
        orchestrating and carrying out the atrocities in the Darfur 
        region, which shall include advocating for an ad hoc 
        international criminal tribunal for the prosecution of war 
        crimes, crimes against humanity, and genocide;
            (2) encourage member states of the United Nations to--
                    (A) freeze the assets of senior members of the 
                Government of Sudan and their families held in each 
                such member state;
                    (B) cease to import Sudanese oil;
                    (C) restrict the entry or transit of senior members 
                of the Government of Sudan and their families through 
                each such member; and
                    (D) deny permission for any aircraft registered in 
                Sudan to take off from, land in, or overfly each such 
                member state; and
            (3) urge member states of the United Nations to cease 
        selling arms to the Government of Sudan, including by--
                    (A) taking the necessary measures to prevent the 
                sale or supply, to the Government of Sudan and its 
                mercenaries, including the Janjaweed and the Popular 
                Defense Forces, operating in the states of North 
                Darfur, South Darfur and West Darfur, by the nationals 
                of such member states, from the territories of such 
                member states, or through the use of flag vessels or 
                aircraft of such member states, of arms and related 
                materiel of all types, including weapons and 
                ammunition, military vehicles and equipment, 
                paramilitary equipment, and spare parts for the 
                Government of Sudan and its mercenaries, as well as 
                technical training or assistance related to the 
                provision, manufacture, maintenance or use of such 
                items, whether or not originating in the territories of 
                such member states; and
                    (B) ensuring that the measures imposed in 
                subparagraph (A) shall not apply to--
                            (i) supplies and related technical training 
                        and assistance to monitoring, verification or 
                        peace support operations, including such 
                        operations led by regional organizations, that 
                        are authorized by the United Nations or are 
                        operating with the consent of the relevant 
                        parties;
                            (ii) supplies of non-lethal military 
                        equipment intended solely for humanitarian, 
                        human rights monitoring or protective use, and 
                        related technical training and assistance; and
                            (iii) supplies of protective clothing, 
                        including flak jackets and military helmets, 
                        for the personal use of United Nations 
                        personnel, human rights monitors, 
                        representatives of the media and humanitarian 
                        and development workers and associated 
                        personnel.

SEC. 9. AMENDMENTS TO THE SUDAN PEACE ACT.

    (a) Assistance for the Crisis in Darfur and for Comprehensive Peace 
in Sudan.--
            (1) In general.--The Sudan Peace Act (50 U.S.C. 1701 note) 
        is amended by adding at the end the following new section:

``SEC. 12. ASSISTANCE FOR THE CRISIS IN DARFUR AND FOR COMPREHENSIVE 
              PEACE IN SUDAN.

    ``(a) Assistance to Support a Comprehensive Final Peace Agreement 
in Sudan and to Respond to the Humanitarian Crisis in Darfur.--
            ``(1) Authority.--Subject to the requirements of this 
        section, the President is authorized to provide assistance for 
        Sudan to support the implementation of a comprehensive peace 
        agreement that applies to all regions of Sudan, including the 
        Darfur region, and to address the humanitarian and human rights 
        crisis in the Darfur region and its impact on eastern Chad.
            ``(2) Requirement for certification.--Notwithstanding 
        section 501(a) of the Assistance for International Malaria 
        Control Act (Public Law 106-570; 50 U.S.C. 1701 note), 
        assistance authorized under this section may be provided to the 
        Government of Sudan only if the President submits the 
        certification described in paragraph (3).
            ``(3) Certification for the government of sudan.--The 
        certification referred to in paragraph (2) is a certification 
        submitted by the President to the appropriate congressional 
        committees that the Government of Sudan has taken demonstrable 
        steps to--
                    ``(A) ensure that the armed forces of Sudan and any 
                associated militias are not committing atrocities or 
                obstructing human rights monitors or the provision of 
                humanitarian assistance or human rights monitors;
                    ``(B) demobilize and disarm militias supported or 
                created by the Government of Sudan;
                    ``(C) allow full and unfettered humanitarian 
                assistance to all regions of Sudan, including Darfur;
                    ``(D) allow an international commission of inquiry 
                to conduct its investigation of atrocities in the 
                Darfur region and Khartoum, preserve evidence of 
                atrocities and prosecute those responsible for war 
                crimes, crimes against humanity, and genocide;
                    ``(E) cooperate fully with the African Union and 
                all other observer and monitoring missions mandated to 
                operate in Sudan;
                    ``(F) implement the Nairobi Declaration on the 
                Final Phase of Peace in the Sudan;
                    ``(G) install a new coalition government based on 
                the agreements reached in the Nairobi Declaration on 
                the Final Phase of Peace in the Sudan; and
                    ``(H) ensure that the parties to the agreements 
                reached in the Nairobi Declaration on the Final Phase 
                of Peace in the Sudan accept the new coalition 
                government formed as a result of the agreement.
            ``(4) Suspension of assistance.--If, on a date after the 
        President submits the certification described in paragraph (3), 
        the President determines that the Government of Sudan has 
        ceased taking the actions described in such paragraph, the 
        President shall immediately suspend the provision of any 
        assistance to such Government until the date on which the 
        President certifies that the Government of Sudan has resumed 
        taking such actions.
            ``(5) Authorization of appropriations.--
                    ``(A) In general.--There is authorized to be 
                appropriated to the President to provide the assistance 
                described in paragraph (1), $450,000,000 for fiscal 
                year 2005, in addition to any other funds otherwise 
                available for such purpose. Of such amount, 
                $150,000,000 may be made available both for 
                humanitarian assistance in the Darfur region of Sudan 
                and eastern Chad in response to the ongoing crisis, 
                notwithstanding any provision of law other than the 
                provisions of this section.
                    ``(B) Availability.--Amounts appropriated pursuant 
                to the authorization of appropriations under 
                subparagraph (A) are authorized to remain available 
                until expended.
    ``(b) Government of Sudan Defined.--In this section, the term 
`Government of Sudan' means the National Islamic Front government in 
Khartoum, Sudan, or any successor government formed on or after the 
date of the enactment of this Act (other than the coalition government 
agreed upon in the Nairobi Declaration on the Final Phase of Peace in 
the Sudan).''.
            (2) Conforming amendment.--Section 3(2) of such Act is 
        amended by striking ``The'' and inserting ``Except as provided 
        in section 12, the''.
    (b) Reporting Requirement.--Section 8 of the Sudan Peace Act (50 
U.S.C. 1701 note) is amended in the first sentence by striking 
``Sudan.'' and inserting ``Sudan, including the conflict in the Darfur 
region.''.

SEC. 10. REPORT ON UNITED STATES RESPONSE TO A COMPREHENSIVE PEACE 
              AGREEMENT FOR SUDAN.

    (a) Report.--Not later than 60 days after the date of enactment of 
this Act, the President shall submit to the appropriate congressional 
committees a report on the planned United States response to a 
comprehensive peace agreement for Sudan.
    (b) Content.--The report required by subsection (a) shall include--
            (1) a description of the planned United States response to 
        a modified peace process between the Government of Sudan and 
        the SPLM that would account for the implementation of a peace 
        in all regions of Sudan, in particular Darfur;
            (2) a contingency plan for extraordinary humanitarian 
        assistance should the Government of Sudan continue to obstruct 
        or delay the international humanitarian response to the crisis 
        in Darfur, Sudan;
            (3) a notification and explanation of the President's 
        intent, or lack thereof, to impose targeted sanctions on the 
        assets and activities of those Sudanese government officials 
        and other individuals that are involved in carrying out the 
        policy of genocide in the Darfur region, as well as on the 
        assets and activities of businesses controlled by the 
        Government of Sudan and the National Congress Party; and
            (4) a notification and explanation of the Government of the 
        United States' intent, or lack thereof, to normalize relations 
        with Sudan, including through the lifting of any sanctions, 
        until the Government of Sudan agrees to and implements a 
        comprehensive peace agreement for all areas of Sudan, including 
        Darfur.
    (c) Form of Report.--The report required by subsection (a) may be 
submitted in classified form.

SEC. 11. ADDITIONAL AUTHORITIES; EXCEPTION TO EXPORT PROHIBITIONS.

    (a) Additional Authorities.--Notwithstanding any other provision of 
law, the President is authorized to undertake appropriate programs 
using Federal agencies, grants or contractual arrangements, or direct 
support of indigenous groups, agencies, or organizations in areas 
outside of control of the Government of Sudan in an effort to provide 
emergency relief, promote economic self-sufficiency, build civil 
authority, provide education, enhance rule of law and the development 
of judicial and legal frameworks, support people-to-people 
reconciliation efforts, or implement any program in support of any 
viable peace agreement at the local, regional, or national level in 
Sudan.
    (b) Exception to Export Prohibitions.--Notwithstanding any other 
provision of law, the prohibitions set forth with respect to Sudan in 
Executive Order No. 13067 of November 3, 1997 (62 Fed. Reg. 59989) 
shall not apply to 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, if the President determines that the export or 
related transaction, as the case may be, would directly benefit the 
economic development of that area and its people.
                                 <all>