[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2705 Introduced in Senate (IS)]






108th CONGRESS
  2d Session
                                S. 2705

        To provide assistance to Sudan, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 21, 2004

 Mr. Biden (for himself and Mr. DeWine) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
        To provide assistance to 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 ``Comprehensive Peace for Sudan Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The Government of Sudan has engaged in an orchestrated 
        campaign of genocide in Darfur, Sudan, and has severely 
        restricted humanitarian and human rights workers' access to 
        Darfur in an attempt to inflict further harm on the Fur, 
        Masalit, and Zaghawa people of Darfur and to prevent the 
        collection of evidence of war crimes and crimes against 
        humanity.
            (2) As a result of this campaign, as many as 30,000 people 
        have been killed, more than 1,000,000 people have been 
        displaced within Sudan, and approximately 200,000 have been 
        made refugees in Chad.
            (3) As many as 320,000 people may die unless humanitarian 
        aid is immediately delivered to the affected individuals.
            (4) The United Nations High Commissioner for Human Rights 
        issued a report which ``identified... massive human rights 
        violations in Darfur perpetrated by the Government of Sudan and 
        its proxy militia, which may constitute war crimes and/or 
        crimes against humanity''.
            (5) The Government of Chad, under President Idriss Deby, 
        has served an important role in facilitating a renewable 
        ``humanitarian cease-fire'' between the Government of Sudan and 
        the two rebel groups challenging that Government in Darfur, the 
        Justice and Equality Movement and the Sudan Liberation 
        Movement, and has been a crucial partner in permitting 
        humanitarian assistance to reach refugees who have crossed from 
        Darfur to Chad in the tens of thousands.
            (6) The cooperation and mediation of the SPLM is critical 
        to bringing about a political settlement between the 
        Government, the Sudanese Liberation Army, and the Justice and 
        Equality Movement.
            (7) Practical implementation of a comprehensive peace 
        agreement between the SPLM and the Government of Sudan is 
        impossible without the implementation of a peace agreement for 
        Darfur.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Relations of the Senate and the Committee on 
        International Relations of the House of Representatives.
            (2) SPLM.--The term ``SPLM'' means the Sudan People's 
        Liberation Movement.

 SEC. 4. SENSE OF CONGRESS REGARDING ACTIONS TO ADDRESS THE CONFLICT IN 
              DARFUR.

    It is the sense of Congress that--
            (1) the United Nations Security Council should immediately 
        pass a resolution--
                    (A) condemning the actions of the Government of 
                Sudan in Darfur; and
                    (B) setting out specific actions that such 
                Government must take to avoid the reimposition of 
                sanctions;
            (2) the United States Ambassador at Large for War Crimes 
        should travel to the region to investigate allegations of war 
        crimes, crimes against humanity, and genocide brought against 
        the Government of Sudan;
            (3) the President should immediately name a new Special 
        Envoy to Sudan whose responsibilities include support for 
        conflict mitigation throughout Sudan;
            (4) the SPLM should take advantage of the opportunity 
        afforded by the May 26, 2004, signing of the three protocols to 
        help broker a political settlement to the conflict in Darfur;
            (5) restrictions pursuant to Executive Order 13067 (50 
        U.S.C. 1701 note) should not be lifted unless there is peace in 
        Darfur; and
            (6) upon implementation of a peace agreement in Darfur, the 
        signing of a comprehensive peace agreement between the SPLM and 
        the Government of Sudan, and full cooperation from the 
        Government of Sudan on the war against terrorism, the 
        Government of the United States should immediately begin 
        discussions of the necessary steps to normalize relations with 
        Sudan, including the lifting of all economic and political 
        sanctions.

SEC. 5. ASSISTANCE FOR SUDAN.

    (a) Humanitarian Assistance for Chad and Darfur.--The President is 
authorized to provide $200,000,000 in fiscal year 2005 in assistance to 
meet the humanitarian crisis in Chad and Darfur pursuant to section 491 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2292) and section 2 of 
the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601) to 
provide shelter, health, water and sanitation, protection of vulnerable 
populations, food, and other appropriate relief items.
    (b) Assistance To Support a Comprehensive North-South Peace 
Agreement.--Notwithstanding any other provision of law, and subject to 
subsection (d), the President is authorized to provide $800,000,000 in 
assistance to support a comprehensive North-South peace agreement in 
Sudan for purposes including commercial assistance, infrastructure 
rehabilitation, disarmament and demobilization of fighters, and 
training and technical assistance to integrate members of the SPLM into 
the interim Government of Sudan.
    (c) Certification.--The President shall submit a certification to 
the appropriate congressional committees not later than 180 days after 
the date of enactment of this Act, and every 180 days thereafter, that 
the Government of Sudan has--
            (1) ensured 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 Darfur;
            (3) ceased harassment of aid workers, including those who 
        report human rights abuses, and allowed unfettered humanitarian 
        access to Darfur; and
            (4) fully cooperated with the deployment and operation of 
        the African Union monitoring team for Darfur.
    (d) Prohibition and Suspension of Assistance.--
            (1) Prohibition.--If the President does not submit the 
        certification described in subsection (c) then the President 
        may not provide the assistance authorized in subsection (b).
            (2) Suspension.--If, on a date after the President submits 
        the certification described in subsection (c), the President 
determines such Government has ceased taking such actions, the 
President shall immediately suspend the provision of the assistance 
authorized in subsection (b) until the date on which the President 
certifies that such Government has resumed taking such actions.

SEC. 6. SANCTIONS IN SUPPORT OF PEACE IN DARFUR.

    (a) Measures and Sanctions in Support of Peace.--On the date that 
is 120 days after the date of enactment of this Act, if the President 
has not submitted the certification described in subsection (c)(1)--
            (1) the President shall implement the measures set forth in 
        section 6(b)(2) of the Sudan Peace Act (50 U.S.C. 1701 note); 
        and
            (2) notwithstanding section 428(b) of the Homeland Security 
        Act of 2002 (6 U.S.C. 236(b)), the Secretary of State shall 
        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) 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 Appropriations Act, 2004 (Division D of Public Law 
108-199; 118 Stat. 143) shall remain in place until the President makes 
the certification described in subsection (c)(1).
    (c) Certification.--The certification referred to in subsections 
(a) and (b) is a certification submitted by the President to the 
appropriate congressional committees not later than 30 days after the 
date of enactment of this Act, and every 90 days thereafter, that--
                    (A) the armed forces of the Government of Sudan and 
                militias allied with such Government have not attacked 
                civilians in Sudan since the date of enactment of this 
                Act; and
                    (B) the Government of Sudan is allowing unfettered 
                humanitarian access to people in Darfur.

 SEC. 7. MULTILATERAL EFFORTS.

    The Secretary of State shall direct the United States Permanent 
Representative to the United Nations to pursue a Security Council 
Resolution that condemns the Government of Sudan for its actions in 
Darfur and calls for--
            (1) accountability for those who are found responsible for 
        orchestrating and carrying out the atrocities in Darfur; and
            (2) 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;
                    (D) deny permission for any aircraft registered in 
                Sudan to take off from, land in, or overfly each such 
                member state; and
                    (E) cease selling arms to the Government of Sudan.

 SEC. 8. REPORTING REQUIREMENTS.

    Not later than 30 days after the date of enactment of this Act, the 
President shall submit to the appropriate congressional committees a 
report that includes--
            (1) plans for and resources needed to assist with the 
        reconstruction of Sudan to support a comprehensive peace 
        agreement between the Government of Sudan and the SPLM, 
        including a description of the effect that the crisis in Darfur 
        will have on the resources needed;
            (2) contingency plans for the delivery of humanitarian 
        assistance through nonmilitary means should the Government of 
        Sudan continue to obstruct or delay the international 
        humanitarian response for the 2,000,000 Sudanese civilians 
        declared vulnerable in Darfur;
            (3) an assessment of the United States military personnel, 
        platforms, equipment, and their associated costs required 
        (should other efforts fail) to--
                    (A) deliver humanitarian assistance to Darfur; or
                    (B) provide security for the delivery of 
                humanitarian assistance; and
            (4) a strategy for providing medical and psycho-social 
        assistance to victims of torture and sexual violence in Darfur.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to the 
President--
            (1) for fiscal year 2005, $200,000,000 to carry out the 
        activities described in section 5(a); and
            (2) for fiscal years 2005 through 2008, a total of 
        $800,000,000 to carry out the activities described in section 
        5(b).
    (b) Reduction of Available Funds.--The amount authorized to be 
appropriated under subsection (a)(2) shall be reduced by $50,000,000 
180 days after the date of enactment of this Act if the President has 
not made the certification described in section 5(c) by the end of that 
180-day period, and shall be reduced by an additional $50,000,000 at 
the end of each 180-day period thereafter that has ended before the 
President has made such certification.
                                 <all>