[Congressional Record (Bound Edition), Volume 150 (2004), Part 19]
[Senate]
[Pages 25523-25525]
[From the U.S. Government Publishing Office, www.gpo.gov]




                COMPREHENSIVE PEACE IN SUDAN ACT OF 2004

  Mr. BURNS. I ask unanimous consent that the Chair now lay before the 
Senate the House message to accompany S. 2781.
  There being no objection, the Presiding Officer (Mr. Cornyn) laid 
before the Senate the following message from the House of 
Representatives:

                                S. 2781

       Resolved, That the bill from the Senate (S. 2781) entitled 
     ``An Act 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'', do pass with the following amendment:
       Strike out all after the enacting clause and insert:

     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) Government of sudan.--The term ``Government of Sudan'' 
     means the National Congress Party, formerly known as the 
     National Islamic Front, government in Khartoum, Sudan, or any 
     successor government formed on or after the date of the 
     enactment of this Act (other than the coalition government 
     agreed upon in the Nairobi Declaration on the Final Phase of 
     Peace in the Sudan signed on June 5, 2004).
       (3) JEM.--The term ``JEM'' means the Justice and Equality 
     Movement.
       (4) SLA.--The term ``SLA'' means the Sudan Liberation Army.
       (5) 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 
     the Machakos Protocol of 2002, could be in jeopardy if the 
     parties do not implement and honor the agreements they have 
     signed.
       (2) Since seizing power through a military coup in 1989, 
     the Government of Sudan repeatedly has attacked and 
     dislocated civilian populations in southern Sudan in a 
     coordinated policy of ethnic cleansing and genocide that has 
     cost the lives of more than 2,000,000 people and displaced 
     more than 4,000,000 people.
       (3) In response to two 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 on June 5, 2004.
       (4) At the same time that the Government of Sudan was 
     negotiating for a comprehensive and all inclusive peace 
     agreement, enumerated in the Nairobi Declaration on the Final 
     Phase of Peace in the Sudan, it refused to engage in any 
     meaningful discussion with regard to its ongoing campaign of 
     ethnic cleansing and genocide in the Darfur region of western 
     Sudan.
       (5) The Government of Sudan reluctantly agreed to attend 
     talks to bring peace to the Darfur region only after 
     considerable international pressure and outrage was expressed 
     through high level visits by Secretary of State

[[Page 25524]]

     Colin Powell and others, and through United Nations Security 
     Council Resolution 1556 (July 30, 2004).
       (6) The Government of the United States, in both the 
     executive branch and Congress, has concluded that genocide 
     has been committed and may still be occurring in the Darfur 
     region, and that the Government of Sudan and militias 
     supported by the Government of Sudan, known as the Janjaweed, 
     bear responsibility for the genocide.
       (7) Evidence collected by international observers in the 
     Darfur region between February 2003 and November 2004 
     indicate a coordinated effort to target African Sudanese 
     civilians in a scorched earth policy, similar to that which 
     was employed in southern Sudan, that has destroyed African 
     Sudanese villages, killing and driving away their people, 
     while Arab Sudanese villages have been left unscathed.
       (8) As a result of this genocidal policy in the Darfur 
     region, an estimated 70,000 people have died, more than 
     1,600,000 people have been internally displaced, and more 
     than 200,000 people have been forced to flee to neighboring 
     Chad.
       (9) Reports further indicate the systematic rape of 
     thousands of women and girls, the abduction of women and 
     children, and the destruction of hundreds of ethnically 
     African villages, including the poisoning of their wells and 
     the plunder of their crops and cattle upon which the people 
     of such villages sustain themselves.
       (10) Despite the threat of international action expressed 
     through United Nations Security Council Resolutions 1556 
     (July 30, 2004) and 1564 (September 18, 2004), the Government 
     of Sudan continues to obstruct and prevent efforts to reverse 
     the catastrophic consequences that loom over the Darfur 
     region.
       (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 access by humanitarian and 
     human rights workers to the Darfur area through intimidation 
     by military and security forces, and through bureaucratic and 
     administrative obstruction, in an attempt to inflict the most 
     devastating harm on those individuals 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 is estimated 
     by the World Health Organization to be causing up to 10,000 
     deaths per month and, should current conditions persist, is 
     projected to escalate to thousands of deaths each day by 
     December 2004.
       (13) The Government of Chad served an important role in 
     facilitating the humanitarian cease-fire (the N'Djamena 
     Agreement dated April 8, 2004) for the Darfur region between 
     the Government of Sudan and the two opposition rebel groups 
     in the Darfur region (the JEM and the SLA), although both 
     sides have violated the cease-fire agreement repeatedly.
       (14) The people of Chad have responded courageously to the 
     plight of over 200,000 Darfur refugees by providing 
     assistance to them even though such assistance has adversely 
     affected their own means of livelihood.
       (15) On September 9, 2004, Secretary of State Colin Powell 
     stated before the Committee on Foreign Relations of the 
     Senate: ``When we reviewed the evidence compiled by our team, 
     along with other information available to the State 
     Department, we concluded that genocide has been committed in 
     Darfur and that the Government of Sudan and the [Janjaweed] 
     bear responsibility--and genocide may still be occurring.''.
       (16) The African Union has demonstrated renewed vigor in 
     regional affairs through its willingness to respond to the 
     crisis in the Darfur region, 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.
       (17) The Government of Sudan's complicity in the atrocities 
     and genocide in the Darfur region raises fundamental 
     questions about the Government of Sudan's commitment to peace 
     and stability in Sudan.

     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 those principles enumerated in the 1948 Universal 
     Declaration of Human Rights, that are affirmed in the 
     Machakos Protocol of 2002 and the Nairobi Declaration on the 
     Final Phase of Peace in the Sudan signed on June 5, 2004, are 
     applied to all of Sudan, including the Darfur region;
       (2) the parties to the N'Djamena Agreement (the Government 
     of Sudan, the JEM, and the SLA) must meet their obligations 
     under that Agreement to allow safe and immediate delivery of 
     all humanitarian assistance throughout the Darfur region and 
     must expedite the conclusion of a political agreement to end 
     the genocide and conflict in the Darfur region;
       (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, implement a 
     plan to provide assistance to the areas of Sudan to which 
     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 crisis in the Darfur 
     region;
       (5) the United States and the international community 
     should--
       (A) provide all necessary assistance to deploy and sustain 
     an African Union Force to the Darfur region; 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;
       (6) the President, acting through the Secretary of State 
     and the Permanent Representative of the United States to the 
     United Nations, should--
       (A) condemn any failure on the part of the Government of 
     Sudan to fulfill its obligations under United Nations 
     Security Council Resolutions 1556 (July 30, 2004) and 1564 
     (September 18, 2004), and press the United Nations Security 
     Council to respond to such failure by immediately imposing 
     the penalties suggested in paragraph (14) of United Nations 
     Security Council Resolution 1564;
       (B) press the United Nations Security Council to pursue 
     accountability for those individuals who are found 
     responsible for orchestrating and carrying out the atrocities 
     in the Darfur region, consistent with relevant United Nations 
     Security Council Resolutions; and
       (C) encourage member states of the United Nations to--
       (i) cease to import Sudanese oil; and
       (ii) take the following actions against Sudanese Government 
     and military officials and other individuals, who are 
     planning, carrying out, or otherwise involved in the policy 
     of genocide in the Darfur region, as well as their families, 
     and businesses controlled by the Government of Sudan and the 
     National Congress Party:

       (I) freeze the assets held by such individuals or 
     businesses in each such member state; and
       (II) restrict the entry or transit of such officials 
     through each such member state;

       (7) the President should impose targeted sanctions, 
     including a ban on travel and the freezing of assets, on 
     those officials of the Government of Sudan, including 
     military officials, and other individuals who have planned or 
     carried out, or otherwise been involved in the policy of 
     genocide in the Darfur region, and should also freeze the 
     assets of businesses controlled by the Government of Sudan or 
     the National Congress Party;
       (8) 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 the Darfur region;
       (9) those individuals found to be involved in the planning 
     or carrying out of genocide, war crimes, or crimes against 
     humanity should not hold leadership positions in the 
     Government of Sudan or the coalition government established 
     pursuant to the agreements reached in the Nairobi Declaration 
     on the Final Phase of Peace in the Sudan; and
       (10) the Government of Sudan has a primary responsibility 
     to guarantee the safety and welfare of its citizens, which 
     includes allowing them access to humanitarian assistance and 
     providing them protection from violence.

     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.--
       ``(1) Authority.--Notwithstanding any other provision of 
     law, the President is authorized to provide assistance for 
     Sudan as authorized in paragraph (5) of this section--
       ``(A) subject to the requirements of this section, to 
     support the implementation of a comprehensive peace agreement 
     that applies to all regions of Sudan, including the Darfur 
     region; and
       ``(B) to address the humanitarian and human rights crisis 
     in the Darfur region and eastern Chad, including to support 
     the African Union mission in the Darfur region, provided that 
     no assistance may be made available to the Government of 
     Sudan.
       ``(2) Certification for the government of sudan.--
     Assistance authorized under paragraph (1)(A) may be provided 
     to the Government of Sudan only if the President certifies 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;
       ``(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 the Darfur region;
       ``(D) allow an international commission of inquiry to 
     conduct an investigation of atrocities in the Darfur region, 
     in a manner consistent with United Nations Security Council 
     Resolution 1564 (September 18, 2004), to investigate reports 
     of violations of international humanitarian law and human 
     rights law in the Darfur region by

[[Page 25525]]

     all parties, to determine also whether or not acts of 
     genocide have occurred and to identify the perpetrators of 
     such violations with a view to ensuring that those 
     responsible are held accountable;
       ``(E) cooperate fully with the African Union, the United 
     Nations, and all other observer, monitoring, and protection 
     missions mandated to operate in Sudan;
       ``(F) permit the safe and voluntary return of displaced 
     persons and refugees to their homes and rebuild the 
     communities destroyed in the violence; and
       ``(G) implement the final agreements reached in the 
     Naivasha peace process and install a new coalition government 
     based on the Nairobi Declaration on the Final Phase of Peace 
     in the Sudan signed on June 5, 2004.
       ``(3) Certification with regard to splm's compliance with a 
     peace agreement.--If the President determines and certifies 
     in writing to the appropriate congressional committees that 
     the SPLM has not engaged in good faith negotiations, or has 
     failed to honor the agreements signed, the President shall 
     suspend assistance authorized in this section for the SPLM, 
     except for health care, education, and humanitarian 
     assistance.
       ``(4) Suspension of assistance.--If, on a date after the 
     President transmits the certification described in paragraph 
     (2), 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 under this section until the 
     date on which the President transmits to the appropriate 
     congressional committees a further certification that the 
     Government of Sudan has resumed taking such actions.
       ``(5) Authorization of appropriations.--
       ``(A) In general.--In addition to any other funds otherwise 
     available for such purposes, there are authorized to be 
     appropriated to the President--
       ``(i) $100,000,000 for fiscal year 2005, and such sums as 
     may be necessary for each of the fiscal years 2006 and 2007, 
     unless otherwise authorized, to carry out paragraph (1)(A); 
     and
       ``(ii) $200,000,000 for fiscal year 2005 to carry out 
     paragraph (1)(B), provided that no amounts appropriated under 
     this authorization may be made available for the Government 
     of Sudan.
       ``(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' means the National Congress Party, 
     formerly known as the National Islamic Front, government in 
     Khartoum, Sudan, or any successor government formed on or 
     after the date of the enactment of the Comprehensive Peace in 
     Sudan Act (other than the coalition government agreed upon in 
     the Nairobi Declaration on the Final Phase of Peace in the 
     Sudan signed on June 5, 2004).''.
       (2) Conforming amendments.--Section 3 of such Act (50 
     U.S.C. 1701 note) is amended--
       (A) in paragraph (2), by striking ``The'' and inserting 
     ``Except as provided in section 12, the''; and
       (B) by adding at the end the following new paragraph:
       ``(4) SPLM.--The term `SPLM' means the Sudan People's 
     Liberation Movement.''.
       (b) Reporting Amendment.--The Sudan Peace Act (50 U.S.C. 
     1701 note) is amended by striking section 8 and inserting the 
     following:

     ``SEC. 8. REPORTING REQUIREMENTS.

       ``(a) Report on Commercial Activity.--Not later than 30 
     days after the date of the enactment of the Comprehensive 
     Peace in Sudan Act of 2004, and annually thereafter until the 
     completion of the interim period outlined in the Machakos 
     Protocol of 2002, the Secretary of State, in consultation 
     with relevant United States Government departments and 
     agencies, shall submit to the appropriate congressional 
     committees a report regarding commercial activity in Sudan 
     that includes--
       ``(1) a description of the sources and current status of 
     Sudan's financing and construction of infrastructure and 
     pipelines for oil exploitation, the effects of such financing 
     and construction on the inhabitants of the regions in which 
     the oil fields are located and the ability of the Government 
     of Sudan to finance the war in Sudan with the proceeds of the 
     oil exploitation;
       ``(2) a description of the extent to which that financing 
     was secured in the United States or with the involvement of 
     United States citizens; and
       ``(3) a description of the relationships between Sudan's 
     arms industry and major foreign business enterprises and 
     their subsidiaries, including government-controlled entities.
       ``(b) Report on the Conflict in Sudan, Including the Darfur 
     Region.--Not later than 30 days after the date of the 
     enactment of the Comprehensive Peace in Sudan Act of 2004, 
     and annually thereafter until the completion of the interim 
     period outlined in the Machakos Protocol of 2002, the 
     Secretary of State shall prepare and submit to the 
     appropriate congressional committees a report regarding the 
     conflict in Sudan, including the conflict in the Darfur 
     region. Such report shall include--
       ``(1) the best estimates of the extent of aerial 
     bombardment of civilian centers in Sudan by the Government of 
     Sudan, including targets, frequency, and best estimates of 
     damage; and
       ``(2) a description of the extent to which humanitarian 
     relief in Sudan has been obstructed or manipulated by the 
     Government of Sudan or other forces, and a contingency plan 
     to distribute assistance should the Government of Sudan 
     continue to obstruct or delay the international humanitarian 
     response to the crisis in Darfur.
       ``(c) Disclosure to the Public.--The Secretary of State 
     shall publish or otherwise make available to the public each 
     unclassified report, or portion of a report that is 
     unclassified, submitted under subsection (a) or (b).''.

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

       (a) Sanctions.--Beginning on the date that is 30 days after 
     the date of enactment of this Act, the President shall, 
     notwithstanding paragraph (1) of section 6(b) of the Sudan 
     Peace Act (50 U.S.C. 1701 note), implement the measures set 
     forth in subparagraphs (A) through (D) of paragraph (2) of 
     such section.
       (b) Blocking of Assets.--Beginning on the date that is 30 
     days after the date of enactment of this Act, 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.
       (c) Waiver.--The President may waive the application of 
     subsection (a) or (b) if the President determines and 
     certifies to the appropriate congressional committees that 
     such a waiver is in the national interest of the United 
     States.
       (d) 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 Act, 2004 (division D 
     of Public Law 108-199; 118 Stat. 143), or any other similar 
     provision of law, shall remain in effect against the 
     Government of Sudan and may not be lifted pursuant to such 
     provisions of law unless the President transmits a 
     certification to the appropriate congressional committees in 
     accordance with paragraph (2) of section 12(a) of the Sudan 
     Peace Act (as added by section 5(a)(1) of this Act).
       (e) Determination.--Notwithstanding subsection (a) of this 
     section, the President shall continue to transmit the 
     determination required under section 6(b)(1)(A) of the Sudan 
     Peace Act (50 U.S.C. 1701 note).

     SEC. 7. ADDITIONAL AUTHORITIES.

       Notwithstanding any other provision of law, the President 
     is authorized to provide assistance, other than military 
     assistance, to areas that were outside of the control of the 
     Government of Sudan on April 8, 2004, including to provide 
     assistance for emergency relief, development and governance, 
     or to implement any program in support of any viable peace 
     agreement at the local, regional, or national level in Sudan.

     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''.

  Mr. BURNS. I ask unanimous consent that the Senate concur in the 
House amendment, the motion to reconsider be laid upon the table, and 
any statements relating to this bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________