[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5061 Received in Senate (RDS)]

  2d Session
                                H. R. 5061


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 8, 2004

                                Received

_______________________________________________________________________

                                 AN ACT


 
 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-led 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 repeatedly has attacked and dislocated 
        civilian populations in southern Sudan in a coordinated policy 
        of ethnic cleansing that has 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 each have 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 a final framework agreement, the Nairobi 
        Declaration on the Final Phase of Peace in the Sudan, signed on 
        June 5, 2004.
            (4) In early 2003, while the Government of Sudan and the 
        SPLM were negotiating for a final, country-wide peace, armed 
        conflict between forces of the Government of Sudan, including 
        militia forces backed by the Government, and rebel forces, 
        including the Sudan Liberation Army (SLA) and the Justice and 
        Equality Movement (JEM), began in the Darfur region of western 
        Sudan.
            (5) Evidence collected by international observers in the 
        Darfur region between February 2003 and September 2004 indicate 
        a coordinated effort to target African Sudanese civilians in a 
        scorched earth policy, similar to that which was employed in 
        southern Sudan, that has destroyed African Sudanese villages, 
        killing and driving away its people, while Arab Sudanese 
        villages have been left unscathed.
            (6) As a result of this campaign, which the United States 
        Congress and executive branch have declared to be genocide, an 
        estimated 50,000 people have been killed, 1,200,000 people have 
        been internally displaced, and 200,000 people have been forced 
        to flee to neighboring Chad.
            (7) Reports further indicate the systematic rape of 
        thousands of women and girls, the abduction of women and 
        children, and the destruction of hundreds of ethnically African 
        villages, including the poisoning of their wells and the 
        plunder of their crops and cattle upon which the people of such 
        villages sustain themselves.
            (8) The Government of Sudan conducted aerial attack 
        missions and deadly raids across the international border 
        between Sudan and Chad in an illegal effort to pursue Sudanese 
        civilians seeking refuge in Chad.
            (9) In addition to the thousands of violent deaths directly 
        caused by ongoing Sudanese military and government sponsored 
        militia attacks in the Darfur region, the Government of Sudan 
        has restricted humanitarian access to the region, primarily 
        through bureaucratic and administrative obstruction, in an 
        attempt to inflict the most devastating harm on those 
        individuals displaced from their villages and homes without any 
        means of sustenance or shelter.
            (10) The Government of Sudan's continued support for the 
        Janjaweed militias and their obstruction of the delivery of 
        food, shelter, and medical care to the Darfur region is 
        estimated by the World Health Organization to be resulting in 
        up to 10,000 deaths per month and, should current trends 
        continue, is projected to escalate to thousands of deaths each 
        day by December 2004.
            (11) 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''.
            (12) 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.
            (13) 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''.
            (14) On July 22, 2004, the United States House of 
        Representatives and Senate both declared that the atrocities 
        unfolding in Darfur, Sudan are genocide.
            (15) On September 9, 2004, Secretary of State Colin L. 
        Powell stated before the Committee on Foreign Relations of the 
        Senate: ``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 [Janjaweed] bear 
        responsibility--and genocide may still be occurring.''.
            (16) 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.
            (17) On September 18, 2004, the United Nations Security 
        Council passed Resolution 1564, determining that the Government 
        of Sudan had failed to meet its obligations under 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 into 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.
            (18) The African Union's commitment to conflict resolution 
        and peacekeeping on the continent, and its mandate to prevent 
        genocide, has led the organization to engage in both political 
        and military action in an effort to end the conflict in the 
        Darfur region.
            (19) The SPLM should seek to play a constructive role in 
        bringing about a political settlement between the Government of 
        Sudan, the SLA, and the JEM.
            (20) Practical implementation of a comprehensive peace 
        agreement for Sudan, as envisioned in the Sudan Peace Act (50 
        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.
            (21) 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, as affirmed in 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 for the 
                provision of 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 
        planning, 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 takes 
        demonstrable steps to implement 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 response to the crisis 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 and, at the same time, implement a 
        plan to provide assistance to the areas of Sudan to which 
        access has been obstructed or denied;
            (9) the President should appoint a new Special Presidential 
        Envoy for Peace in the Sudan to complement and continue the 
        work of former Senator John C. Danforth, who shall be tasked 
        with assisting all parties to the conflict in Sudan, including 
        in the Darfur region, to achieve a just, comprehensive, and 
        permanent peace in Sudan;
            (10) 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 
        urgent measures to prevent the genocide in the Darfur region 
        from escalating further, including the imposition of targeted 
        sanctions against those responsible for the atrocities; 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 at risk as a 
        result of the Darfur crisis.

SEC. 5. 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--
                    ``(A) to support the implementation of a 
                comprehensive peace agreement that applies to all 
                regions of Sudan, including the Darfur region; and
                    ``(B) to address the humanitarian and human rights 
                crisis in the Darfur region and eastern Chad, including 
                to support the African Union mission in the Darfur 
                region of Sudan.
            ``(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 transmits the 
        certification described in paragraph (3).
            ``(3) Certification for the government of sudan.--The 
        certification referred to in paragraph (2) is a certification 
        transmitted 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;
                    ``(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) ensure the safe return of displaced persons 
                and refugees to their homes and rebuild the communities 
                destroyed in the violence;
                    ``(G) implement the Nairobi Declaration on the 
                Final Phase of Peace in the Sudan; and
                    ``(H) install a new coalition government based on 
                the agreements reached in the Nairobi Declaration on 
                the Final Phase of Peace in the Sudan.
            ``(4) Suspension of assistance.--If, on a date after the 
        President transmits 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 transmits to the appropriate congressional committees 
        a further certification that the Government of Sudan has 
        resumed taking such actions.
            ``(5) Authorization of appropriations.--
                    ``(A) In general.--In addition to any other funds 
                otherwise available for such purposes, there are 
                authorized to be appropriated to the President--
                            ``(i) $100,000,000 for each of the fiscal 
                        years 2005, 2006, and 2007 to carry out 
                        paragraph (1)(A); and
                            ``(ii) $150,000,000 for fiscal year 2005 to 
                        carry out paragraph (1)(B).
                    ``(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 the Comprehensive Peace in Sudan 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. 6. SANCTIONS IN SUPPORT OF PEACE IN DARFUR.

    (a) Sanctions.--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.
    (b) Suspension of Sanctions.--The President may suspend the 
application of subsection (a) if the President transmits to the 
appropriate congressional committees a certification in accordance with 
paragraph (3) of section 12(a) of the Sudan Peace Act (as added by 
section 5(a)(1) of this Act).
    (c) Reinstatement of Sanctions.--The President shall reinstate the 
sanctions listed in subsection (a) that have been suspended under 
subsection (b) if at any time the President determines and certifies to 
the appropriate congressional committees that the Government of Sudan 
is no longer in compliance with any of the criteria listed in 
subparagraphs (A) through (H) of section 12(a)(3) of the Sudan Peace 
Act (as added by section 5(a)(1) of this Act).
    (d) Waiver.--The President may waive the application of subsection 
(a) if the President determines and certifies to the appropriate 
congressional committees that such a waiver is in the national interest 
of the United States.
    (e) Continuation of Restrictions.--Restrictions against the 
Government of Sudan that were imposed pursuant to title III and 
sections 508, 512, and 527 of the Foreign Operations, Export Financing, 
and Related Programs Act, 2004 (division D of Public Law 108-199; 118 
Stat. 143), or any other similar provision of law, may not be lifted 
pursuant to such provisions of law unless the President transmits a 
certification to the appropriate congressional committees in accordance 
with paragraph (3) of section 12(a) of the Sudan Peace Act (as added by 
section 5(a)(1) of this Act).

SEC. 7. DISCLOSURE OF BUSINESS ACTIVITIES IN SUDAN.

    (a) Annual Report to Congress.--The Secretary of the Treasury 
shall, not later than 180 days after the date of the enactment of this 
Act, and not later than the end of each 1-year period thereafter, 
submit to 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. 8. MULTILATERAL EFFORTS.

    The President, acting through the United States Permanent 
Representative to the United Nations, should--
            (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, consistent with United Nations Security Council 
        Resolutions 1556 (July 30, 2004) and 1564 (September 18, 2004);
            (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 state; 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 armed elements acting within the 
                territory of Sudan, including the Government of Sudan, 
                the Janjaweed and the Popular Defense Forces, 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, 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 or 
                        African Union personnel, human rights monitors, 
                        representatives of the media and humanitarian 
                        and development workers and associated 
                        personnel.

SEC. 9. 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 transmit 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 steps taken by the United States to 
        respond to a modified peace process between the Government of 
        Sudan and the SPLM that would account for the implementation of 
        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) if applicable, a notification and explanation of the 
        President's intention to decline 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) if applicable, a notification and explanation of the 
        Government of the United States' intention 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 
transmitted in classified form.

SEC. 10. 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 the 
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.

SEC. 11. TECHNICAL AMENDMENT.

    Section 12 of the International Organizations Immunities Act (22 
U.S.C. 288f-2) is amended by striking ``Organization of African Unity'' 
and inserting ``African Union''.

            Passed the House of Representatives October 7, 2004.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.