[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2781 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2781

  To express the sense of Congress regarding the conflict in Darfur, 
     Sudan, to provide assistance for the crisis in Darfur and for 
         comprehensive peace in Sudan, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 9, 2004

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

_______________________________________________________________________

                                 A BILL


 
  To express the sense of Congress regarding the conflict in Darfur, 
     Sudan, to provide assistance for the crisis in Darfur and for 
         comprehensive peace 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 of 
2004''.

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) SLA.--The term ``SLA'' means the Sudanese Liberation 
        Army.
            (4) SPLM.--The term ``SPLM'' means the Sudan People's 
        Liberation Movement.

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) It was not until the international community expressed 
        its outrage, through high level visits by Secretary of State 
        Colin Powell and others, and through United Nations Security 
        Council Resolution 1556 of July 30, 2004, that the Government 
        of Sudan agreed to engage in talks to bring peace to the Darfur 
        region.
            (6) According to the Government of the 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 remove a significant 
        part of the ethnically African population from North Darfur, 
        West Darfur, and South Darfur, Sudan.
            (7) 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''.
            (8) Evidence collected by international observers in the 
        Darfur region between January 2003 and September 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.
            (9) As a result of this coordinated campaign, which 
        Congress has declared to be genocide, reports indicate tens of 
        thousands of African Sudanese civilians killed, the systematic 
        rape of thousands 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.
            (10) According to the United Nations High Commissioner for 
        Refugees, 1,400,000 people have been displaced in the Darfur 
        region of Sudan, of whom over 200,000 have been forced to flee 
to Chad as refugees.
            (11) 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.
            (12) 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 in an attempt to 
        inflict the most devastating harm on those displaced from their 
        villages and homes without any means of sustenance or shelter.
            (13) 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 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.
            (14) The Government of Chad served an important role in 
        facilitating the Darfur humanitarian cease-fire (the N'Djamena 
        Agreement 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.
            (15) The people of Chad have responded courageously to the 
        plight of over 200,000 Darfur refugees even though such 
        assistance has adversely affected their own means of 
        livelihood.
            (16) The cooperation and inclusion of all Sudanese is 
        essential to the establishment of peace and security throughout 
        all of Sudan.
            (17) The African Union has demonstrated renewed vigor in 
        regional affairs through its willingness to respond to the 
        crisis in Darfur, by convening talks between the parties and 
        deploying several hundred monitors and security forces to the 
        region, as well as by recognizing the need for a far larger 
        force with a broader mandate.
            (18) Despite the threat of international action expressed 
        through United Nations Security Council Resolution 1556 of July 
        30, 2004, the Government of Sudan continues to obstruct and 
        prevent efforts to reverse the catastrophic consequences that 
        loom over Darfur.

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 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, apply to 
        all of Sudan and to all of the people of Sudan, including the 
        Darfur region;
            (2) the parties to the N'Djamena Agreement (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 resources 
        necessary to save the lives of hundreds of thousands of 
        individuals at risk as a result of 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 to 
        better inform the report required in section 11(b) of the Sudan 
        Peace Act;
            (6) the United States and the international community 
        should--
                    (A) provide all necessary means to assist in the 
                immediate deployment of a contingent of 4,200 African 
                Union forces as recommended by the United Nations and 
                to sustain such forces; and
                    (B) work to increase the authorized level and 
                expand the mandate of such forces commensurate with the 
                gravity and scope of the problem in a region the size 
                of France;
            (7) 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, in 
                particular to allow such assistance to cross directly 
                from countries that border Sudan;
                    (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) authorizes the African Union Mission in Sudan 
                (AUMIS) now deploying to the Darfur region of Sudan, 
                and calls for the expansion of such force, and 
                extension of the force's mandate to include protection 
                of civilians;
                    (G) establishes an international commission of 
                inquiry to examine the actions and accountability of 
                those responsible for war crimes and crimes against 
                humanity in the Darfur region; and
                    (H) confirms the right of all displaced Sudanese to 
                return to their villages under safe and secure 
                conditions;
            (8) an international commission of inquiry should be 
        established to conduct an investigation of atrocities in the 
        Darfur region and to preserve evidence of atrocities for use in 
        the prosecution of those responsible for war crimes and crimes 
        against humanity;
            (9) 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;
            (10) 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 
        takes demonstrable steps to implement, peace agreements for all 
        areas of Sudan, including Darfur; and
            (11) Presidential Proclamation 6958 issued November 22, 
        1996, which suspends entry into the United States of members of 
        the Government of Sudan, officials of that Government, and 
        members of the Sudanese Armed Forces, should continue to remain 
        in effect and be strictly enforced.

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) Authorization of Appropriations.--
            ``(1) Humanitarian assistance.--There is authorized to be 
        appropriated to the President for assistance to address the 
        humanitarian and human rights crisis in the Darfur region and 
        its impact on eastern Chad, pursuant to the authority in 
        section 491 of the Foreign Assistance Act of 1961 (22 U.S.C. 
        2292), $200,000,000 for fiscal year 2005, in addition to any 
        other funds otherwise available for such purpose.
            ``(2) Additional assistance.--Subject to subsections (b), 
        (c), and (d), there is authorized to be appropriated to the 
        President, for assistance for Sudan upon the conclusion of a 
        North-South peace agreement between the Government of Sudan 
and the SPLM, $100,000,000 for fiscal year 2005 in addition to any 
other funds otherwise available for such purpose.
            ``(3) Availability.--Amounts appropriated pursuant to the 
        authorization of appropriations under paragraph (1) or (2) are 
        authorized to remain available until expended, notwithstanding 
        any other provision of law other than the provisions of this 
        section.
    ``(b) Requirement for Certification.--The assistance authorized 
under subsection (a)(2) may be provided only if the President submits 
the certification described in subsection (c).
    ``(c) Certification for the Government of Sudan.--The certification 
referred to in subsection (b) is a certification submitted by the 
President to the appropriate congressional committees that the 
Government of Sudan has taken demonstrable steps to--
            ``(1) ensure that the armed forces of Sudan and any 
        associated militias are not attacking civilians or obstructing 
        human rights monitors or the provision of humanitarian 
        assistance;
            ``(2) demobilize and disarm militias supported or created 
        by the Government of Sudan;
            ``(3) allow full and unfettered access for the provision of 
        humanitarian assistance to all regions of Sudan, including 
        Darfur; and
            ``(4) cooperate fully with the African Union, the United 
        Nations, and all other observer, monitoring, and protection 
        missions mandated to operate in Sudan.
    ``(d) Suspension of Assistance.--If, on a date after the President 
submits the certification described in subsection (c), the President 
determines that the Government of Sudan--
            ``(1) has ceased taking the actions described in such 
        subsection, the President shall immediately suspend the 
        provision of any assistance until the date on which the 
        President certifies that the Government of Sudan has resumed 
        taking such actions; or
            ``(2) has not demonstrated good faith in working to 
        establish sustainable peace in all parts of Sudan, including 
        but not limited to the Darfur region, the President may suspend 
        all assistance to Sudan.''.
    (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. OTHER RESTRICTIONS.

    (a) Blocking of Assets.--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) of section 12 of the Sudan 
Peace Act, as added by section 5, the President shall, consistent with 
the authorities granted in the International Emergency Economic Powers 
Act (50 U.S.C. 1701 et seq.), block the assets of appropriate senior 
officials of the Government of Sudan.
    (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) of section 12 of the 
Sudan Peace Act, as added by section 5.

SEC. 7. 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.
    (c) Form of Report.--The report required by subsection (a) may be 
submitted in classified form.

SEC. 8. TECHNICAL CORRECTION.

    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''.
                                 <all>