[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2781 Enrolled Bill (ENR)]
S.2781
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
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.
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) 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 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 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''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.