[Congressional Record Volume 150, Number 103 (Thursday, July 22, 2004)]
[Senate]
[Pages S8701-S8703]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LUGAR (for himself, Mr. Alexander, Mr. Brownback, Mr. 
        Hagel, and Mr. Leahy):
  S. 2720. A bill to provide assistance for the crisis in Sudan, and 
for other purposes; to the Committee on Foreign Relations.
  Mr. LUGAR. Mr. President, I rise today to introduce the Comprehensive 
Peace in Sudan Act. This bill is intended to address both the immediate 
crisis in the Darfur region of Sudan and to support a comprehensive 
peace in all of that country. It would authorize $300 million to 
respond to the unfolding catastrophe in Darfur for the next fiscal year 
and to provide additional funds to begin reconstruction in Sudan upon 
the conclusion of a viable, comprehensive peace.
  Events in Darfur constitute a moral and humanitarian tragedy of 
incredible proportions. The people of the Darfur region of Sudan are 
experiencing the full force of an ethnic cleansing campaign by the 
Government of Sudan. Numerous credible reports by U.S. and U.N. 
officials indicate that the Sudanese Government has armed and employed 
a militia of Arab Sudanese, called Janjaweed, to join it in a 
coordinated effort to kill and rape Darfur inhabitants and 
systematically destroy homes, villages, and all means of subsistence. 
This campaign has killed tens of thousands of people and displaced 1.2 
million African Sudanese of which 200,000 are now refugees in Chad. A 
second phase of this campaign may prove to have the most devastating 
effect through the onset of famine and disease--unless, the 
international community responds quickly.
  The United Nations is meeting significant obstacles to providing 
life-saving food, medicine, and shelter to the displaced Sudanese. The 
Sudanese Government has established bureaucratic and administrative 
obstacles to the provision of assistance. In addition, the 
international community has not provided adequate resources given the 
magnitude of the human suffering in Darfur. The United States has been 
pressing for a more vigorous response to this humanitarian crisis. This 
bill would support diplomatic efforts already underway and ensure a 
significant flow of funding.
  I am hopeful that Senators will join me in passing this bill quickly.
  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. 2720

       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''.

[[Page S8702]]

     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:

[[Page S8703]]

     ``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;
       (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.
                                 ______