[Congressional Record Volume 150, Number 102 (Wednesday, July 21, 2004)]
[Senate]
[Pages S8556-S8557]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BIDEN (for himself and Mr. DeWINE):
  S. 2705. A bill to provide assistance to Sudan, and for other 
purposes; to the Committee on Foreign Relations.
  Mr. BIDEN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2705

       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

[[Page S8557]]

     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.
                                 ______