Text: H.R.5531 — 107th Congress (2001-2002)All Information (Except Text)

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Public Law No: 107-245 (10/21/2002)

 
[107th Congress Public Law 245]
[From the U.S. Government Printing Office]


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[DOCID: f:publ245.107]


[[Page 1503]]

                             SUDAN PEACE ACT

[[Page 116 STAT. 1504]]

Public Law 107-245
107th Congress

                                 An Act


 
To facilitate famine relief efforts and a comprehensive solution to the 
          war in Sudan. <<NOTE: Oct. 21, 2002 -  [H.R. 5531]>> 

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

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

    This Act may be cited as the ``Sudan Peace Act''.

SEC. 2. <<NOTE: 50 USC 1701 note.>> FINDINGS.

    The Congress makes the following findings:
            (1) The Government of Sudan has intensified its prosecution 
        of the war against areas outside of its control, which has 
        already cost more than 2,000,000 lives and has displaced more 
        than 4,000,000 people.
            (2) A viable, comprehensive, and internationally sponsored 
        peace process, protected from manipulation, presents the best 
        chance for a permanent resolution of the war, protection of 
        human rights, and a self-sustaining Sudan.
            (3) Continued strengthening and reform of humanitarian 
        relief operations in Sudan is an essential element in the effort 
        to bring an end to the war.
            (4) Continued leadership by the United States is critical.
            (5) Regardless of the future political status of the areas 
        of Sudan outside of the control of the Government of Sudan, the 
        absence of credible civil authority and institutions is a major 
        impediment to achieving self-sustenance by the Sudanese people 
        and to meaningful progress toward a viable peace process. It is 
        critical that credible civil authority and institutions play an 
        important role in the reconstruction of post-war Sudan.
            (6) Through the manipulation of traditional rivalries among 
        peoples in areas outside of its full control, the Government of 
        Sudan has used divide-and-conquer techniques effectively to 
        subjugate its population. However, internationally sponsored 
        reconciliation efforts have played a critical role in reducing 
        human suffering and the effectiveness of this tactic.
            (7) The Government of Sudan utilizes and organizes militias, 
        Popular Defense Forces, and other irregular units for raiding 
        and enslaving parties in areas outside of the control of the 
        Government of Sudan in an effort to disrupt severely the ability 
        of the populations in those areas to sustain themselves. The 
        tactic helps minimize the Government of Sudan's accountability 
        internationally.
            (8) The Government of Sudan has repeatedly stated that it 
        intends to use the expected proceeds from future oil sales

[[Page 116 STAT. 1505]]

        to increase the tempo and lethality of the war against the areas 
        outside of its control.
            (9) By regularly banning air transport relief flights by the 
        United Nations relief operation OLS, the Government of Sudan has 
        been able to manipulate the receipt of food aid by the Sudanese 
        people from the United States and other donor countries as a 
        devastating weapon of war in the ongoing effort by the 
        Government of Sudan to starve targeted groups and subdue areas 
        of Sudan outside of the Government's control.
            (10) The acts of the Government of Sudan, including the acts 
        described in this section, constitute genocide as defined by the 
        Convention on the Prevention and Punishment of the Crime of 
        Genocide (78 U.N.T.S. 277).
            (11) The efforts of the United States and other donors in 
        delivering relief and assistance through means outside of OLS 
        have played a critical role in addressing the deficiencies in 
        OLS and offset the Government of Sudan's manipulation of food 
        donations to advantage in the civil war in Sudan.
            (12) While the immediate needs of selected areas in Sudan 
        facing starvation have been addressed in the near term, the 
        population in areas of Sudan outside of the control of the 
        Government of Sudan are still in danger of extreme disruption of 
        their ability to sustain themselves.
            (13) The Nuba Mountains and many areas in Bahr al Ghazal and 
        the Upper Nile and the Blue Nile regions have been excluded 
        completely from relief distribution by OLS, consequently placing 
        their populations at increased risk of famine.
            (14) At a cost which has sometimes exceeded $1,000,000 per 
        day, and with a primary focus on providing only for the 
        immediate food needs of the recipients, the current 
        international relief operations are neither sustainable nor 
        desirable in the long term.
            (15) The ability of populations to defend themselves against 
        attack in areas outside of the control of the Government of 
        Sudan has been severely compromised by the disengagement of the 
        front-line states of Ethiopia, Eritrea, and Uganda, fostering 
        the belief among officials of the Government of Sudan that 
        success on the battlefield can be achieved.
            (16) The United States should use all means of pressure 
        available to facilitate a comprehensive solution to the war in 
        Sudan, including--
                    (A) the multilateralization of economic and 
                diplomatic tools to compel the Government of Sudan to 
                enter into a good faith peace process;
                    (B) the support or creation of viable democratic 
                civil authority and institutions in areas of Sudan 
                outside of government control;
                    (C) continued active support of people-to-people 
                reconciliation mechanisms and efforts in areas outside 
                of government control;
                    (D) the strengthening of the mechanisms to provide 
                humanitarian relief to those areas; and
                    (E) cooperation among the trading partners of the 
                United States and within multilateral institutions 
                toward those ends.

[[Page 116 STAT. 1506]]

SEC. 3. <<NOTE: 50 USC 1701 note.>> DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        International Relations of the House of Representatives and the 
        Committee on Foreign Relations of the Senate.
            (2) Government of sudan.--The term ``Government of Sudan'' 
        means the National Islamic Front government in Khartoum, Sudan.
            (3) OLS.--The term ``OLS'' means the United Nations relief 
        operation carried out by UNICEF, the World Food Program, and 
        participating relief organizations known as ``Operation Lifeline 
        Sudan''.

SEC. 4. <<NOTE: 50 USC 1701 note.>> CONDEMNATION OF SLAVERY, OTHER HUMAN 
            RIGHTS ABUSES, AND TACTICS OF THE GOVERNMENT OF SUDAN.

    The Congress hereby--
            (1) condemns--
                    (A) violations of human rights on all sides of the 
                conflict in Sudan;
                    (B) the Government of Sudan's overall human rights 
                record, with regard to both the prosecution of the war 
                and the denial of basic human and political rights to 
                all Sudanese;
                    (C) the ongoing slave trade in Sudan and the role of 
                the Government of Sudan in abetting and tolerating the 
                practice;
                    (D) the Government of Sudan's use and organization 
                of ``murahalliin'' or ``mujahadeen'', Popular Defense 
                Forces, and regular Sudanese Army units into organized 
                and coordinated raiding and slaving parties in Bahr al 
                Ghazal, the Nuba Mountains, and the Upper Nile and the 
                Blue Nile regions; and
                    (E) aerial bombardment of civilian targets that is 
                sponsored by the Government of Sudan; and
            (2) recognizes that, along with selective bans on air 
        transport relief flights by the Government of Sudan, the use of 
        raiding and slaving parties is a tool for creating food 
        shortages and is used as a systematic means to destroy the 
        societies, culture, and economies of the Dinka, Nuer, and Nuba 
        peoples in a policy of low-intensity ethnic cleansing.

SEC. 5. <<NOTE: 50 USC 1701 note.>> ASSISTANCE FOR PEACE AND DEMOCRATIC 
            GOVERNANCE.

    (a) Assistance to Sudan.--The President is authorized to provide 
increased assistance to the areas of Sudan that are not controlled by 
the Government of Sudan to prepare the population for peace and 
democratic governance, including support for civil administration, 
communications infrastructure, education, health, and agriculture.
    (b) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the President to carry out the activities described in 
        subsection (a) of this section $100,000,000 for each of the 
        fiscal years 2003, 2004, and 2005.
            (2) Availability.--Amounts appropriated pursuant to the 
        authorization of appropriations under paragraph (1) of this 
        subsection are authorized to remain available until expended.

[[Page 116 STAT. 1507]]

SEC. 6. <<NOTE: President. 50 USC 1701 note.>> SUPPORT FOR AN 
            INTERNATIONALLY SANCTIONED PEACE PROCESS.

    (a) Findings.--Congress hereby--
            (1) recognizes that--
                    (A) a single, viable internationally and regionally 
                sanctioned peace process holds the greatest opportunity 
                to promote a negotiated, peaceful settlement to the war 
                in Sudan; and
                    (B) resolution to the conflict in Sudan is best made 
                through a peace process based on the Declaration of 
                Principles reached in Nairobi, Kenya, on July 20, 1994, 
                and on the Machakos Protocol in July 2002; and
            (2) <<NOTE: John C. Danforth.>> commends the efforts of 
        Special Presidential Envoy, Senator Danforth and his team in 
        working to assist the parties to the conflict in Sudan in 
        finding a just, permanent peace to the conflict in Sudan.

    (b) Measures of Certain Conditions Not Met.--
            (1) Presidential determination.--
                    (A) <<NOTE: Certification. Deadlines.>> The 
                President shall make a determination and certify in 
                writing to the appropriate congressional committees 
                within 6 months after the date of enactment of this Act, 
                and each 6 months thereafter, that the Government of 
                Sudan and the Sudan People's Liberation Movement are 
                negotiating in good faith and that negotiations should 
                continue.
                    (B) If, under subparagraph (A) the President 
                determines and certifies in writing to the appropriate 
                congressional committees that the Government of Sudan 
                has not engaged in good faith negotiations to achieve a 
                permanent, just, and equitable peace agreement, or has 
                unreasonably interfered with humanitarian efforts, then 
                the President, after consultation with the Congress, 
                shall implement the measures set forth in paragraph (2).
                    (C) If, under paragraph (A) the President determines 
                and certifies in writing to the appropriate 
                congressional committees that the Sudan People's 
                Liberation Movement has not engaged in good faith 
                negotiations to achieve a permanent, just, and equitable 
                peace agreement, then paragraph (2) shall not apply to 
                the Government of Sudan.
                    (D) If the President certifies to the appropriate 
                congressional committees that the Government of Sudan is 
                not in compliance with the terms of a permanent peace 
                agreement between the Government of Sudan and the Sudan 
                People's Liberation Movement, then the President, after 
                consultation with the Congress, shall implement the 
                measures set forth in paragraph (2).
                    (E) If, at any time after the President has made a 
                certification under subparagraph (B), the President 
                makes a determination and certifies in writing to the 
                appropriate congressional committees that the Government 
                of Sudan has resumed good faith negotiations, or makes a 
                determination and certifies in writing to the 
                appropriate congressional committees that the Government 
                of Sudan is in compliance with a peace agreement, then 
                paragraph (2) shall not apply to the Government of 
                Sudan.
            (2) Measures in support of the peace process.--Subject to 
        the provisions of paragraph (1), the President--

[[Page 116 STAT. 1508]]

                    (A) shall, through the Secretary of the Treasury, 
                instruct the United States executive directors to each 
                international financial institution to continue to vote 
                against and actively oppose any extension by the 
                respective institution of any loan, credit, or guarantee 
                to the Government of Sudan;
                    (B) should consider downgrading or suspending 
                diplomatic relations between the United States and the 
                Government of Sudan;
                    (C) shall take all necessary and appropriate steps, 
                including through multilateral efforts, to deny the 
                Government of Sudan access to oil revenues to ensure 
                that the Government of Sudan neither directly nor 
                indirectly utilizes any oil revenues to purchase or 
                acquire military equipment or to finance any military 
                activities; and
                    (D) shall seek a United Nations Security Council 
                Resolution to impose an arms embargo on the Government 
                of Sudan.

    (c) Report on the Status of Negotiations.--If, at any time after the 
President has made a certification under subsection (b)(1)(A), the 
Government of Sudan discontinues negotiations with the Sudan People's 
Liberation Movement for a 14-day period, then the President shall submit 
a quarterly report to the appropriate congressional committees on the 
status of the peace process until negotiations resume.
    (d) Report on United States Opposition To Financing by International 
Financial Institutions.--The Secretary of the Treasury shall submit a 
semiannual report to the appropriate congressional committees describing 
the steps taken by the United States to oppose the extension of a loan, 
credit, or guarantee if, after the Secretary of the Treasury gives the 
instructions described in subsection (b)(2)(A), such financing is 
extended.
    (e) Report <<NOTE: Deadline.>> on Efforts To Deny Oil Revenues.--Not 
later than 45 days after the President takes an action under subsection 
(b)(2)(C), the President shall submit to the appropriate congressional 
committees a comprehensive plan for implementing the actions described 
in such subsection.

    (f) Definition.--In this section, the term ``international financial 
institution'' means the International Bank for Reconstruction and 
Development, the International Development Association, the 
International Monetary Fund, the African Development Bank, and the 
African Development Fund.

SEC. 7. <<NOTE: 50 USC 1701 note.>> MULTILATERAL PRESSURE ON COMBATANTS.

    It is the sense of Congress that--
            (1) the United Nations should help facilitate peace and 
        recovery in Sudan;
            (2) the President, acting through the United States 
        Permanent Representative to the United Nations, should seek to 
        end the veto power of the Government of Sudan over the plans by 
        OLS for air transport relief flights and, by doing so, to end 
        the manipulation of the delivery of relief supplies to the 
        advantage of the Government of Sudan on the battlefield; and
            (3) the President should take appropriate measures, 
        including the implementation of recommendations of the 
        International Eminent Persons Commission contained in the report

[[Page 116 STAT. 1509]]

        issued on May 22, 2002, to end slavery and aerial bombardment of 
        civilians by the Government of Sudan.

SEC. 8. <<NOTE: Deadlines. 50 USC 1701 note.>> REPORTING REQUIREMENT.

    Not later than 6 months after the date of the enactment of this Act, 
and annually thereafter, the Secretary of State shall prepare and submit 
to the appropriate congressional committees a report regarding the 
conflict in Sudan. Such report shall include--
            (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 involvement of United 
        States citizens;
            (3) the best estimates of the extent of aerial bombardment 
        by the Government of Sudan, including targets, frequency, and 
        best estimates of damage; and
            (4) a description of the extent to which humanitarian relief 
        has been obstructed or manipulated by the Government of Sudan or 
        other forces.

SEC. 9. <<NOTE: 50 USC 1701 note.>> CONTINUED USE OF NON-OLS 
            ORGANIZATIONS FOR RELIEF EFFORTS.

    (a) Sense of Congress.--It is the sense of the Congress that the 
President should continue to increase the use of non-OLS agencies in the 
distribution of relief supplies in southern Sudan.
    (b) Report.--Not <<NOTE: Deadline. President.>> later than 90 days 
after the date of enactment of this Act, the President shall submit to 
the appropriate congressional committees a detailed report describing 
the progress made toward carrying out subsection (a).

SEC. 10. <<NOTE: President. 50 USC 1701 note.>> CONTINGENCY PLAN FOR ANY 
            BAN ON AIR TRANSPORT RELIEF FLIGHTS.

    (a) Plan.--The President shall develop a contingency plan to 
provide, outside the auspices of the United Nations if necessary, the 
greatest possible amount of United States Government and privately 
donated relief to all affected areas in Sudan, including the Nuba 
Mountains and the Upper Nile and the Blue Nile regions, in the event 
that the Government of Sudan imposes a total, partial, or incremental 
ban on OLS air transport relief flights.
    (b) Reprogramming Authority.--Notwithstanding any other provision of 
law, in carrying out the plan developed under subsection (a), the 
President may reprogram up to 100 percent of the funds available for 
support of OLS operations for the purposes of the plan.

SEC. 11. <<NOTE: 50 USC 1701 note.>> INVESTIGATION OF WAR CRIMES.

    (a) In General.--The Secretary of State shall collect information 
about incidents which may constitute crimes against humanity, genocide, 
war crimes, and other violations of international humanitarian law by 
all parties to the conflict in Sudan, including slavery, rape, and 
aerial bombardment of civilian targets.
    (b) Report.--Not <<NOTE: Deadline.>> later than 6 months after the 
date of the enactment of this Act and annually thereafter, the Secretary 
of

[[Page 116 STAT. 1510]]

State shall prepare and submit to the appropriate congressional 
committees a detailed report on the information that the Secretary of 
State has collected under subsection (a) and any findings or 
determinations made by the Secretary on the basis of that information. 
The report under this subsection may be submitted as part of the report 
required under section 8.

    (c) Consultations With Other Departments.--In preparing the report 
required by this section, the Secretary of State shall consult and 
coordinate with all other Government officials who have information 
necessary to complete the report. Nothing contained in this section 
shall require the disclosure, on a classified or unclassified basis, of 
information that would jeopardize sensitive sources and methods or other 
vital national security interests.

    Approved October 21, 2002.

LEGISLATIVE HISTORY--H.R. 5531:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 148 (2002):
            Oct. 7, considered and passed House.
            Oct. 9, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
            Oct. 21, Presidential statement.

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