[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2781 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2781
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 9, 2004
Mr. Lugar (for himself, Mr. Biden, Mr. alexander, Mr. Hagel, Mr. Leahy,
Mr. DeWine, and Mr. Coleman) introduced the following bill; which was
read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
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) JEM.--The term ``JEM'' means the Justice and Equality
Movement.
(3) SLA.--The term ``SLA'' means the Sudanese Liberation
Army.
(4) 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 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) It was not until the international community expressed
its outrage, through high level visits by Secretary of State
Colin Powell and others, and through United Nations Security
Council Resolution 1556 of July 30, 2004, that the Government
of Sudan agreed to engage in talks to bring peace to the Darfur
region.
(6) According to the Government of the 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 remove a significant
part of the ethnically African population from North Darfur,
West Darfur, and South Darfur, Sudan.
(7) 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''.
(8) Evidence collected by international observers in the
Darfur region between January 2003 and September 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.
(9) As a result of this coordinated campaign, which
Congress has declared to be genocide, reports indicate tens of
thousands of African Sudanese civilians killed, the systematic
rape of thousands 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.
(10) According to the United Nations High Commissioner for
Refugees, 1,400,000 people have been displaced in the Darfur
region of Sudan, of whom over 200,000 have been forced to flee
to Chad as refugees.
(11) 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.
(12) 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 in an attempt to
inflict the most devastating harm on those displaced from their
villages and homes without any means of sustenance or shelter.
(13) 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 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.
(14) The Government of Chad served an important role in
facilitating the Darfur humanitarian cease-fire (the N'Djamena
Agreement 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.
(15) The people of Chad have responded courageously to the
plight of over 200,000 Darfur refugees even though such
assistance has adversely affected their own means of
livelihood.
(16) The cooperation and inclusion of all Sudanese is
essential to the establishment of peace and security throughout
all of Sudan.
(17) The African Union has demonstrated renewed vigor in
regional affairs through its willingness to respond to the
crisis in Darfur, 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.
(18) Despite the threat of international action expressed
through United Nations Security Council Resolution 1556 of July
30, 2004, the Government of Sudan continues to obstruct and
prevent efforts to reverse the catastrophic consequences that
loom over Darfur.
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 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, apply to
all of Sudan and to all of the people of Sudan, including the
Darfur region;
(2) the parties to the N'Djamena Agreement (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 resources
necessary to save the lives of hundreds of thousands of
individuals at risk as a result of 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 to
better inform the report required in section 11(b) of the Sudan
Peace Act;
(6) the United States and the international community
should--
(A) provide all necessary means to assist in the
immediate deployment of a contingent of 4,200 African
Union forces as recommended by the United Nations and
to sustain such forces; 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;
(7) 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, in
particular to allow such assistance to cross directly
from countries that border Sudan;
(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) authorizes the African Union Mission in Sudan
(AUMIS) now deploying to the Darfur region of Sudan,
and calls for the expansion of such force, and
extension of the force's mandate to include protection
of civilians;
(G) establishes an international commission of
inquiry to examine the actions and accountability of
those responsible for war crimes and crimes against
humanity in the Darfur region; and
(H) confirms the right of all displaced Sudanese to
return to their villages under safe and secure
conditions;
(8) an international commission of inquiry should be
established to conduct an investigation of atrocities in the
Darfur region and to preserve evidence of atrocities for use in
the prosecution of those responsible for war crimes and crimes
against humanity;
(9) 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;
(10) 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 Darfur; and
(11) Presidential Proclamation 6958 issued November 22,
1996, which suspends entry into the United States of members of
the Government of Sudan, officials of that Government, and
members of the Sudanese Armed Forces, should continue to remain
in effect and be strictly enforced.
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) Authorization of Appropriations.--
``(1) Humanitarian assistance.--There is authorized to be
appropriated to the President for assistance to address the
humanitarian and human rights crisis in the Darfur region and
its impact on eastern Chad, pursuant to the authority in
section 491 of the Foreign Assistance Act of 1961 (22 U.S.C.
2292), $200,000,000 for fiscal year 2005, in addition to any
other funds otherwise available for such purpose.
``(2) Additional assistance.--Subject to subsections (b),
(c), and (d), there is authorized to be appropriated to the
President, for assistance for Sudan upon the conclusion of a
North-South peace agreement between the Government of Sudan
and the SPLM, $100,000,000 for fiscal year 2005 in addition to any
other funds otherwise available for such purpose.
``(3) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) or (2) are
authorized to remain available until expended, notwithstanding
any other provision of law other than the provisions of this
section.
``(b) Requirement for Certification.--The assistance authorized
under subsection (a)(2) may be provided only if the President submits
the certification described in subsection (c).
``(c) Certification for the Government of Sudan.--The certification
referred to in subsection (b) is a certification submitted by the
President to the appropriate congressional committees that the
Government of Sudan has taken demonstrable steps to--
``(1) ensure that the armed forces of Sudan and any
associated militias are not attacking civilians or obstructing
human rights monitors or the provision of humanitarian
assistance;
``(2) demobilize and disarm militias supported or created
by the Government of Sudan;
``(3) allow full and unfettered access for the provision of
humanitarian assistance to all regions of Sudan, including
Darfur; and
``(4) cooperate fully with the African Union, the United
Nations, and all other observer, monitoring, and protection
missions mandated to operate in Sudan.
``(d) Suspension of Assistance.--If, on a date after the President
submits the certification described in subsection (c), the President
determines that the Government of Sudan--
``(1) has ceased taking the actions described in such
subsection, the President shall immediately suspend the
provision of any assistance until the date on which the
President certifies that the Government of Sudan has resumed
taking such actions; or
``(2) has not demonstrated good faith in working to
establish sustainable peace in all parts of Sudan, including
but not limited to the Darfur region, the President may suspend
all assistance to Sudan.''.
(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. OTHER RESTRICTIONS.
(a) Blocking of Assets.--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) of section 12 of the Sudan
Peace Act, as added by section 5, 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.
(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) of section 12 of the
Sudan Peace Act, as added by section 5.
SEC. 7. 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; and
(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.
(c) Form of Report.--The report required by subsection (a) may be
submitted in classified form.
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''.
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