[United States Statutes at Large, Volume 118, 108th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

118 STAT. 4012

Public Law 108-497
108th Congress

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. NOTE: Dec. 23,
2004 -  [S. 2781]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, NOTE: Comprehensive
Peace in Sudan Act of 2004.

SECTION 1. SHORT TITLE. NOTE: 50 USC 1701 note.

This Act may be cited as the ``Comprehensive Peace in Sudan Act of
2004''.

SEC. 2. DEFINITIONS. NOTE: 50 USC 1701 note.

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. NOTE: 50 USC 1701 note.

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.

[[Page 4013]]
118 STAT. 4013

(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 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.

[[Page 4014]]
118 STAT. 4014

(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.  NOTE: 50 USC 1701 note. 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

[[Page 4015]]
118 STAT. 4015

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

[[Page 4016]]
118 STAT. 4016

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. NOTE: 50 USC 1701
note.

(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. NOTE: President. 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 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;

[[Page 4017]]
118 STAT. 4017

``(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:

[[Page 4018]]
118 STAT. 4018

``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. NOTE: President. 50 USC 1701
note.

(a) NOTE: Effective date. 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) NOTE: Effective date. 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.

[[Page 4019]]
118 STAT. 4019

(c) NOTE: Certification. 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. NOTE: President. 50 USC 1701 note.

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. NOTE: 50 USC 1701 note.

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''.

Approved December 23, 2004.

LEGISLATIVE HISTORY--S. 2781 (H.R. 5061):
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CONGRESSIONAL RECORD, Vol. 150 (2004):
Sept. 23, considered and passed Senate.
Nov. 19, considered and passed House, amended.
Dec. 7, Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):
Dec. 23, Presidential statement.