[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2720 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2720

 To provide assistance for the crisis in Sudan, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 22, 2004

 Mr. Lugar (for himself, Mr. Alexander, Mr. Brownback, Mr. Hagel, and 
  Mr. Leahy) introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
 To provide assistance for the crisis 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 ``Comprehensive Peace in Sudan Act''.

SEC. 2. 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) 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 Sudanese Liberation 
        Army.

SEC. 3. FINDINGS.

    Congress makes the following findings:
            (1) 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 in grave jeopardy.
            (2) Since 1989, the Government of Sudan has repeatedly 
        engaged in and sponsored orchestrated campaigns of attacking 
        and dislocating targeted civilian populations, disrupting their 
        ability to sustain themselves, and subsequently restricting 
        assistance to those displaced in a coordinated policy of ethnic 
        cleansing and Arabization that is most recently evident in the 
        Darfur region of Sudan.
            (3) In response to 2 decades of civil conflict in Sudan, 
        the United States has helped to establish an internationally 
        supported peace process to promote a negotiated settlement to 
        the war that has resulted in a framework peace agreement, the 
        Nairobi Declaration on the Final Phase of Peace in the Sudan 
        signed June 5, 2004.
            (4) At the same time that the Government of Sudan was 
        negotiating for a final countrywide peace, enumerated in the 
        Nairobi Declaration on the Final Phase of Peace in the Sudan, 
        it refused to engage in any discussion with regard to its 
        ongoing campaign of ethnic cleansing in the region of Darfur.
            (5) According to United States and United Nations 
        officials, the Government of Sudan has engaged in an 
        orchestrated campaign, with the assistance of its Arab Sudanese 
        proxy militia, the Janjaweed, to cleanse a significant part of 
        the ethnically African population from North Darfur, West 
        Darfur, and South Darfur, Sudan.
            (6) 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''.
            (7) Evidence collected by international observers in the 
        Darfur region between January 2003 and July 2004 indicate a 
        coordinated effort to target African Sudanese civilians in a 
        scorched earth policy, from both air and ground, that has 
        destroyed African Sudanese villages, killing and driving away 
        its people, while Arab Sudanese villages have been left 
        unscathed.
            (8) As a result of this coordinated campaign that may well 
        constitute genocide, reports indicate tens of thousands of 
        African Sudanese civilians killed, the systematic rape of 
        hundreds of women and girls, the destruction of hundreds of 
        Fur, Masalit, and Zaghawa villages and other ethnically African 
        populations, including the poisoning of their wells and the 
        plunder of crops and cattle upon which they sustain themselves.
            (9) According to the United Nations High Commissioner for 
        Refugees, 1,200,000 people have been displaced in the Darfur 
        region of Sudan of whom nearly 200,000 have been forced to flee 
        to Chad as refugees.
            (10) Even as refugees were fleeing Sudan, 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.
            (11) In addition to the thousands of violent deaths 
        directly caused by ongoing Sudanese military and government 
        sponsored Janjaweed attacks in the Darfur region, the 
        Government of Sudan has restricted humanitarian and human 
        rights workers' access to the Darfur area, primarily through 
        bureaucratic and administrative obstruction and delays in an 
        attempt to inflict the most devastating harm on those displaced 
        from their villages and homes without any means of sustenance 
        or shelter.
            (12) The Government of Sudan's continued support for the 
        Janjaweed and their obstruction of the delivery of food, 
        shelter, and medical care to the Darfur region--
                    (A) is estimated to be causing 500 deaths each day; 
                and
                    (B) is projected to escalate to 1,200 deaths each 
                day by August 2004, and 2,400 deaths each day by 
                December 2004, so that even a best-case scenario will 
                likely result in the death of more than 320,000 people 
                between April 1, 2004 and December 31, 2004.
            (13) The Government of Chad in N'Djamena served an 
        important role in facilitating the Darfur Humanitarian Cease-
        fire dated April 8, 2004 for the Darfur region between the 
Government of Sudan and the 2 opposition rebel groups in Darfur (the 
JEM and the SLA) although both sides have violated it repeatedly.
            (14) The Government and people of Chad have allowed the 
        entry of 200,000 refugees from the Darfur region of Sudan and 
        have generally facilitated the delivery of international 
        humanitarian assistance, although logistical obstacles remain a 
        challenge in a crisis that is taxing the people of eastern Chad 
        and the refugees.
            (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.

SEC. 4. SENSE OF CONGRESS REGARDING 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 the Conflict.--It is the sense of Congress 
that--
            (1) a legitimate countrywide peace in Sudan will only be 
        possible if the principles and purpose of the Machakos Protocol 
        of 2002 and the Nairobi Declaration on the Final Phase of Peace 
        in the Sudan signed June 5, 2004, negotiated with the SPLM, 
        should apply to all of Sudan and to all of the people of Sudan, 
        including the Darfur region;
            (2) the parties to the Darfur Humanitarian Cease-fire dated 
        April 8, 2004 (the Government of Sudan, the SLA, and the JEM) 
        must meet their obligations under that agreement to allow safe 
        and immediate access of all humanitarian assistance throughout 
        the Darfur region and must expedite the conclusion of a 
        political agreement to end the conflict in Darfur;
            (3) 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, develop a plan 
        similar to that described in section 10 of the Sudan Peace Act 
        to provide assistance to the areas of Sudan to which United 
        States access has been obstructed or denied;
            (4) 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;
            (5) the United States Ambassador-at-Large for War Crimes 
        should travel to Chad and the Darfur region immediately to 
        investigate war crimes and crimes against humanity, to develop 
        a more accurate portrayal of the situation on the ground and 
        best inform the report required in section 11(b) of the Sudan 
        Peace Act;
            (6) the United States and the international community 
        should use all necessary means to assist in the immediate 
        deployment of the full mandated African Union contingent of 100 
        monitors and a security force of 300, and work to increase the 
        authorized level to that which properly addresses the gravity 
        and scope of the problem in a region the size of France;
            (7) the President should immediately name a new Special 
        Envoy to Sudan to further efforts begun by John Danforth and to 
        allow the United States to continue to lead the peace effort 
        toward a comprehensive and sustainable peace in Sudan;
            (8) the President should use all means to facilitate a 
        comprehensive solution to the conflict in Sudan, including by 
        directing the United States Permanent Representative to the 
        United Nations to pursue a resolution of the United Nations 
        Security Council that--
                    (A) condemns the actions of the Government of Sudan 
                in engaging in an orchestrated campaign of ethnic 
                cleansing in Darfur;
                    (B) calls on the Government of Sudan to cease 
                support of ethnic cleansing and the killing of innocent 
                civilians, disarm the Janjaweed militias, prevent such 
                militias from harassing and killing civilians, and 
                ensure immediate access for all humanitarian assistance 
                to all areas of Darfur;
                    (C) calls on all parties to the conflict in the 
                Darfur region to permit unimpeded delivery of 
                humanitarian assistance directly to Darfur and to allow 
                such assistance to cross directly from countries that 
                border Sudan, and abide by the Darfur Humanitarian 
                Cease-fire dated April 8, 2004;
                    (D) calls on the Government of Sudan to provide all 
                assistance possible, including release of its strategic 
                food reserves to respond to the Darfur crisis;
                    (E) calls on the international community, 
                particularly those countries with strong economic ties 
                to Sudan, to expedite the provision of humanitarian 
                assistance to Darfur;
                    (F) endorses the African Union Observer and 
                Protection Force now deploying to the Darfur region of 
                Sudan;
                    (G) establishes an international commission of 
                inquiry to examine the actions and accountability of 
                those responsible for war crimes and crimes against 
                humanity that have precipitated and perpetuated the 
                humanitarian crisis in the Darfur region; and
                    (H) confirms the right of all displaced Sudanese to 
                return to their land under safe and secure conditions;
            (9) the United Nations should immediately deploy a United 
        Nations force to Sudan to ensure an appropriate international 
        humanitarian response to the catastrophe in the Darfur region;
            (10) sanctions should be imposed on the assets and 
        activities of those Sudanese government officials and other 
        individuals that are involved in carrying out the policy of 
        ethnic cleansing in the Darfur region; and
            (11) the Government of the United States 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 Darfur.

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 
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 and crimes against humanity; and
                    ``(E) cooperate fully with the African Union and 
                all other observer and monitoring missions mandated to 
                operate in Sudan.
            ``(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 are authorized to be 
                appropriated to the President to provide the assistance 
                described in paragraph (1), $300,000,000 for fiscal 
                year 2005, in addition to any other funds otherwise 
                available for such purpose. Of such amount, 
                $200,000,000 may be made available 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' shall have the same meaning as such term had 
immediately prior to the conclusion of Darfur Humanitarian Cease-fire 
dated April 8, 2004.''.
            (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. REQUIREMENT FOR REPORT.

    (a) Requirement.--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; and
            (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.
    (c) Form of Report.--The report required by subsection (a) may be 
submitted in classified form.
                                 <all>