Text: S.2781 — 108th Congress (2003-2004)All Information (Except Text)

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Public Law No: 108-497 (12/23/2004)

 
[108th Congress Public Law 497]
[From the U.S. Government Printing Office]


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[DOCID: f:publ497.108]


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                COMPREHENSIVE PEACE IN SUDAN ACT OF 2004

[[Page 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 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 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 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 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 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 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 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):
---------------------------------------------------------------------------

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.

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