In the House of Representatives, U. S.,

October 24, 2000.

Resolved, That the bill from the Senate (S. 1453) entitled ‘‘An Act to facilitate famine relief efforts and a comprehensive solution to the war in Sudan’’, do pass with the

following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Sudan Peace Act’’.

3 SEC. 2. FINDINGS.

4 Congress makes the following findings:

5 (1) With clear indications that the Government

6 of Sudan intends to intensify its prosecution of the

7 war against areas outside of its control, which has al8 ready cost nearly 2,000,000 lives and has displaced

9 more than 4,000,000, a sustained and coordinated

10 international effort to pressure combatants to end hos11 tilities and to address the roots of the conflict offers

12 the best opportunity for a comprehensive solution to

13 the continuing war in Sudan.
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1 (2) A viable, comprehensive, and internationally

2 sponsored peace process, protected from manipulation,

3 presents the best chance for a permanent resolution of

4 the war, protection of human rights, and a self-sus5 taining Sudan.

6 (3) Continued strengthening of humanitarian re7 lief operations in Sudan is an essential element in the

8 effort to bring an end to the war.

9 (4) Continued leadership by the United States is

10 critical.

11 (5) Regardless of the future political status of the

12 areas of Sudan outside of the control of the Govern13 ment of Sudan, the absence of credible civil authority

14 and institutions is a major impediment to achieving

15 self-sustenance by the Sudanese people and to mean16 ingful progress toward a viable peace process.

17 (6) Through manipulation of traditional rival18 ries among peoples in areas outside their full control,

19 the Government of Sudan has effectively used divide

20 and conquer techniques to subjugate their population,

21 and Congress finds that internationally sponsored

22 reconciliation efforts have played a critical role in re23 ducing the tactic’s effectiveness and human suffering.

24 (7) The Government of Sudan is increasingly

25 utilizing and organizing militias, Popular Defense
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1 Forces, and other irregular troops for raiding and

2 slaving parties in areas outside of the control of the

3 Government of Sudan in an effort to severely disrupt

4 the ability of those populations to sustain themselves.

5 The tactic is in addition to the overt use of bans on

6 air transport relief flights in prosecuting the war

7 through selective starvation and to minimize the Gov8 ernment of Sudan’s accountability internationally.

9 (8) The Government of Sudan has repeatedly

10 stated that it intends to use the expected proceeds

11 from future oil sales to increase the tempo and

12 lethality of the war against the areas outside its con13 trol.

14 (9) Through its power to veto plans for air

15 transport flights under the United Nations relief oper16 ation, Operation Lifeline Sudan (OLS), the Govern17 ment of Sudan has been able to manipulate the re18 ceipt of food aid by the Sudanese people from the

19 United States and other donor countries as a dev20 astating weapon of war in the ongoing effort by the

21 Government of Sudan to subdue areas of Sudan out22 side of the Government’s control.

23 (10) The efforts of the United States and other

24 donors in delivering relief and assistance through

25 means outside OLS have played a critical role in ad-
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1 dressing the deficiencies in OLS and offset the Gov2 ernment of Sudan’s manipulation of food donations

3 to advantage in the civil war in Sudan.

4 (11) While the immediate needs of selected areas

5 in Sudan facing starvation have been addressed in

6 the near term, the population in areas of Sudan out7 side of the control of the Government of Sudan are

8 still in danger of extreme disruption of their ability

9 to sustain themselves.

10 (12) The Nuba Mountains and many areas in

11 Bahr al Ghazal, Upper Nile, and Blue Nile regions

12 have been excluded completely from relief distribution

13 by OLS, consequently placing their populations at in14 creased risk of famine.

15 (13) At a cost which can exceed $1,000,000 per

16 day, and with a primary focus on providing only for

17 the immediate food needs of the recipients, the current

18 international relief operations are neither sustainable

19 nor desirable in the long term.

20 (14) The ability of populations to defend them21 selves against attack in areas outside the Government

22 of Sudan’s control has been severely compromised by

23 the disengagement of the front-line sponsor states, fos24 tering the belief within officials of the Government of

25 Sudan that success on the battlefield can be achieved.
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1 (15) The United States should use all means of

2 pressure available to facilitate a comprehensive solu3 tion to the war, including—

4 (A) the maintenance and

5 multilateralization of sanctions against the Gov6 ernment of Sudan with explicit linkage of those

7 sanctions to peace;

8 (B) the support or creation of viable demo9 cratic civil authority and institutions in areas of

10 Sudan outside government control;

11 (C) continued active support of people-to12 people reconciliation mechanisms and efforts in

13 areas outside of government control;

14 (D) the strengthening of the mechanisms to

15 provide humanitarian relief to those areas;

16 (E) cooperation among the trading partners

17 of the United States and within multilateral in18 stitutions toward those ends; and

19 (F) the use of any and all possible unilat20 eral and multilateral economic and diplomatic

21 tools to compel Ethiopia and Eritrea to end

22 their hostilities and again assume a constructive

23 stance toward facilitating a comprehensive solu24 tion to the ongoing war in Sudan.
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1 SEC. 3. DEFINITIONS.

2 In this Act:

3 (1) GOVERNMENT OF SUDAN.—The term ‘‘Gov4 ernment of Sudan’’ means the National Islamic Front

5 government in Khartoum, Sudan.

6 (2) IGAD.—The term ‘‘IGAD’’ means the Inter7 Governmental Authority on Development.

8 (3) OLS.—The term ‘‘OLS’’ means the United

9 Nations relief operation carried out by UNICEF, the

10 World Food Program, and participating relief orga11 nizations known as ‘‘Operation Lifeline Sudan’’.

12 SEC. 4. CONDEMNATION OF SLAVERY, OTHER HUMAN

13 RIGHTS ABUSES, AND NEW TACTICS BY THE

14 GOVERNMENT OF SUDAN.

15 Congress hereby—

16 (1) condemns—

17 (A) violations of human rights on all sides

18 of the conflict in Sudan;

19 (B) the Government of Sudan’s overall

20 human rights record, with regard to both the

21 prosecution of the war and the denial of basic

22 human and political rights to all Sudanese;

23 (C) the ongoing slave trade in Sudan and

24 the role of the Government of Sudan in abetting

25 and tolerating the practice; and
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1 (D) the Government of Sudan’s increasing

2 use and organization of ‘‘murahalliin’’ or

3 ‘‘mujahadeen’’, Popular Defense Forces (PDF),

4 and regular Sudanese Army units into organized

5 and coordinated raiding and slaving parties in

6 Bahr al Ghazal, the Nuba Mountains, Upper

7 Nile, and Blue Nile regions; and

8 (2) recognizes that, along with selective bans on

9 air transport relief flights by the Government of

10 Sudan, the use of raiding and slaving parties is a

11 tool for creating food shortages and is used as a sys12 tematic means to destroy the societies, culture, and

13 economies of the Dinka, Nuer, and Nuba peoples in

14 a policy of low-intensity ethnic cleansing.

15 SEC. 5. SUPPORT FOR THE IGAD PEACE PROCESS.

16 (a) SENSE OF CONGRESS.—Congress hereby—

17 (1) declares its support for the efforts by execu18 tive branch officials of the United States and the

19 President’s Special Envoy for Sudan to lead in a re20 invigoration of the IGAD-sponsored peace process;

21 (2) calls on IGAD member states, the European

22 Union, the Organization of African Unity, Egypt,

23 and other key states to support the peace process; and

24 (3) urges Kenya’s leadership in the implementa25 tion of the process.
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1 (b) UNITED STATES DIPLOMATIC SUPPORT.—The Sec2 retary of State is authorized to utilize the personnel of the

3 Department of State for the support of—

4 (1) the secretariat of IGAD;

5 (2) the ongoing negotiations between the Govern6 ment of Sudan and opposition forces;

7 (3) any peace settlement planning to be carried

8 out by the National Democratic Alliance and IGAD

9 Partners’ Forum (IPF); and

10 (4) other United States diplomatic efforts sup11 porting a peace process in Sudan.

12 SEC. 6. INCREASED PRESSURE ON COMBATANTS.

13 It is the sense of Congress that the President, acting

14 through the United States Permanent Representative to the

15 United Nations, should—

16 (1) sponsor a resolution in the United Nations

17 Security Council to investigate the practice of slavery

18 in Sudan and provide recommendations on measures

19 for its eventual elimination;

20 (2) sponsor a condemnation of the human rights

21 practices of the Government of Sudan at the United

22 Nations conference on human rights in Geneva in

23 2000;

24 (3) press for implementation of the recommenda25 tions of the United Nations Special Rapporteur for
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1 Sudan with respect to human rights monitors in

2 areas of conflict in Sudan;

3 (4) press for UNICEF, International Committee

4 of the Red Cross, or the International Federation of

5 Red Cross and Red Crescent Societies, or other appro6 priate international organizations or agencies to

7 maintain a registry of those individuals who have

8 been abducted or are otherwise held in bondage or ser9 vitude in Sudan;

10 (5) sponsor a condemnation of the Government of

11 Sudan each time it subjects civilian populations to

12 aerial bombardment; and

13 (6) sponsor a resolution in the United Nations

14 General Assembly condemning the human rights prac15 tices of the Government of Sudan.

16 SEC. 7. SUPPORTING SANCTIONS AGAINST SUDAN.

17 (a) SANCTIONS.—Until the President determines, and

18 so certifies to Congress, that the Government of Sudan

19 has—

20 (1) fully committed to and has made verifiable

21 progress toward a comprehensive, peaceful solution to

22 the war or has otherwise committed to and made

23 verifiable progress in a good faith effort with both

24 northern and southern opposition toward a com25 prehensive solution to the conflict based on the Dec-
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1 laration of Principles reached in Nairobi Kenya, on

2 July 20, 1994,

3 (2) made substantial and verifiable progress in

4 controlling the raiding and slaving activities of all

5 regular and irregular forces, including Popular De6 fense Forces and other militias and murahalliin,

7 (3) instituted credible reforms with regard to

8 providing basic human and civil rights to all Suda9 nese, and

10 (4) ceased aerial bombardment of civilian tar11 gets,

12 the following are prohibited, except to the extent provided

13 in section 203(b) of the International Emergency Economic

14 Powers Act (50 U.S.C. 1702(b)) and in regulations, orders,

15 directives, or licenses that may be issued pursuant to this

16 section:

17 (A) The facilitation by a United States per18 son, including but not limited to brokering ac19 tivities of the exportation or reexportation of

20 goods, technology, or services from Sudan to any

21 destination, or to Sudan from any location.

22 (B) The performance by any United States

23 person of any contract, including a financing

24 contract, or use of any other financial instru-
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1 ment, in support of an industrial, commercial,

2 public utility, or governmental project in Sudan.

3 (C) Any transaction by any United States

4 person or within the United States that evades

5 or avoids, or has the purpose of evading or

6 avoiding, or attempts to violate, any of the pro7 hibitions set forth in this section.

8 (b) SENSE OF CONGRESS.—It is the sense of Congress

9 that the sanctions in subsection (a), and in the President’s

10 Executive Order of November 4, 1997, should be applied to

11 include the sale of stocks in the United States or to any

12 United States person, wherever located, or any other form

13 of financial instruments or derivatives, in support of a com14 mercial, industrial, public utility, or government project or

15 transaction in or with Sudan.

16 (c) NATIONAL SECURITY WAIVER.—The President may

17 waive the application of any of the sanctions described in

18 subsection (a) if he determines and certifies to Congress that

19 it is important to the national security of the United States

20 to do so.

21 (d) REPORT.—Beginning 3 months after the date of

22 enactment of this Act, and every 3 months thereafter, the

23 President shall submit a report to Congress on—
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1 (1) the specific sources and current status of Su2 dan’s financing and construction of oil exploitation

3 infrastructure and pipelines;

4 (2) the extent to which that financing was se5 cured in the United States or with involvement of

6 United States citizens;

7 (3) such financing’s relation to the sanctions de8 scribed in subsection (a) and the Executive Order of

9 November 4, 1997;

10 (4) the extent of aerial bombardment by the Gov11 ernment of Sudan forces in areas outside its control,

12 including targets, frequency, and best estimates of

13 damage;

14 (5) the number, duration, and locations of air

15 strips or other humanitarian relief facilities to which

16 access is denied by any party to the conflict; and

17 (6) the status of the IGAD-sponsored peace proc18 ess or any other ongoing efforts to end the conflict, in19 cluding the specific and verifiable steps taken by par20 ties to the conflict, the members of the IGAD Partners

21 Forum, and the members of IGAD toward a com22 prehensive solution to the war.

23 (e) STATUTORY CONSTRUCTION.—Nothing in this sec24 tion shall prohibit—
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1 (1) transactions for the conduct of the official

2 business of the Federal Government or the United Na3 tions by employees thereof;

4 (2) transactions in Sudan for journalistic activ5 ity by persons regularly employed in such capacity

6 by a news-gathering organization; or

7 (3) legitimate humanitarian operations.

8 (f) DEFINITIONS.—In this section—

9 (1) the term ‘‘entity’’ means a partnership, asso10 ciation, trust, joint venture, corporation, or other or11 ganization;

12 (2) the term ‘‘Government of Sudan’’ includes

13 the Government of Sudan, its agencies, instrumental14 ities and controlled entities, and the Central Bank of

15 Sudan;

16 (3) the term ‘‘person’’ means an individual or

17 entity; and

18 (4) the term ‘‘United States person’’ means any

19 United States citizen, permanent resident alien, enti20 ty organized under the laws of the United States (in21 cluding foreign branches), or any person in the

22 United States.

23 SEC. 8. REFORM OF OPERATION LIFELINE SUDAN (OLS).

24 It is the sense of Congress that the President should

25 organize and maintain a formal consultative process with
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1 the European Union, its member states, the members of the

2 United Nations Security Council, and other relevant par3 ties on coordinating an effort within the United Nations

4 to revise the terms of OLS to end the veto power of the Gov5 ernment of Sudan over the plans by OLS for air transport

6 relief flights.

7 SEC. 9. CONTINUED USE OF NON-OLS ORGANIZATIONS FOR

8 RELIEF EFFORTS.

9 (a) FINDING.—Congress recognizes the progress made

10 by officials of the executive branch of Government toward

11 greater utilization of non-OLS agencies for more effective

12 distribution of United States relief contributions.

13 (b) SENSE OF CONGRESS.—It is the sense of Congress

14 that the President should continue to increase the use of

15 non-OLS agencies in the distribution of relief supplies in

16 southern Sudan.

17 (c) REPORT.—Not later than 90 days after the date

18 of enactment of this Act, the President shall submit a de19 tailed report to Congress describing the progress made to20 ward carrying out subsection (b).

21 SEC. 10. CONTINGENCY PLAN FOR ANY BAN ON AIR TRANS22 PORT RELIEF FLIGHTS.

23 (a) PLAN.—The President shall develop a detailed and

24 implementable contingency plan to provide, outside United

25 Nations auspices, the greatest possible amount of United
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1 States Government and privately donated relief to all af2 fected areas in Sudan, including the Nuba Mountains,

3 Upper Nile, and Blue Nile, in the event the Government

4 of Sudan imposes a total, partial, or incremental ban on

5 OLS air transport relief flights.

6 (b) ELEMENT OF PLAN.—The plan developed under

7 subsection (a) shall include coordination of other donors in

8 addition to the United States Government and private in9 stitutions.

10 (c) REPORT.—Not later than 2 months after the date

11 of enactment of this Act, the President shall submit a classi12 fied report to Congress on the costs and startup time such

13 a plan would require.

14 (d) REPROGRAMMING AUTHORITY.—Notwithstanding

15 any other provision of law, in carrying out the plan devel16 oped under subsection (a), the President may reprogram up

17 to 100 percent of the funds available for support of OLS

18 operations (but for this subsection) for the purposes of the

19 plan.

20 SEC. 11. NEW AUTHORITY FOR USAID’S SUDAN TRANSITION

21 ASSISTANCE FOR REHABILITATION (STAR)

22 PROGRAM.

23 (a) SENSE OF CONGRESS.—Congress hereby expresses

24 its support for the President’s ongoing efforts to diversify

25 and increase effectiveness of United States assistance to
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1 populations in areas of Sudan outside of the control of the

2 Government of Sudan, especially the long-term focus shown

3 in the Sudan Transition Assistance for Rehabilitation

4 (STAR) program with its emphasis on promoting future

5 democratic governance, rule of law, building indigenous in6 stitutional capacity, promoting and enhancing self-reliance,

7 and actively supporting people-to-people reconciliation ef8 forts.

9 (b) ALLOCATION OF FUNDS.—Of the amounts made

10 available to carry out chapter 1 of part I of the Foreign

11 Assistance Act of 1961 (22 U.S.C. 2151 et seq:, relating to

12 development assistance) for the period beginning on October

13 1, 2000, and ending on September 30, 2003, $16,000,000

14 shall be available for development of a viable civil author15 ity, and civil and commercial institutions, in Sudan, in16 cluding the provision of technical assistance, and for people17 to-people reconciliation efforts.

18 (c) ADDITIONAL AUTHORITIES.—Notwithstanding any

19 other provision of law, the President is granted authority

20 to undertake any appropriate programs using Federal

21 agencies, contractual arrangements, or direct support of in22 digenous groups, agencies, or organizations in areas outside

23 of control of the Government of Sudan in an effort to pro24 vide emergency relief, promote economic self-sufficiency,

25 build civil authority, provide education, enhance rule of law
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1 and the development of judicial and legal frameworks, sup2 port people-to-people reconciliation efforts, or implementa3 tion of any programs in support of any viable peace agree4 ment at the local, regional, or national level.

5 (d) IMPLEMENTATION.—It is the sense of Congress that

6 the President should immediately and to the fullest extent

7 possible utilize the Office of Transition Initiatives at the

8 Agency for International Development in an effort to pur9 sue the type of programs described in subsection (c).

10 (e) SENSE OF CONGRESS.—It is the sense of Congress

11 that enhancing and supporting education and the develop12 ment of rule of law are critical elements in the long-term

13 success of United States efforts to promote a viable eco14 nomic, political, social, and legal basis for development in

15 Sudan. Congress recognizes that the gap of 13–16 years

16 without secondary educational opportunities in southern

17 Sudan is an especially important problem to address with

18 respect to rebuilding and sustaining leaders and educators

19 for the next generation of Sudanese. Congress recognizes the

20 unusually important role the secondary school in Rumbek

21 has played in producing the current generation of leaders

22 in southern Sudan, and that priority should be given in

23 current and future development or transition programs un24 dertaken by the United States Government to rebuilding

25 and supporting the Rumbek Secondary School.
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1 (f) PROGRAMS IN AREAS OUTSIDE GOVERNMENT CON2 TROL.—Congress also intends that such programs include

3 cooperation and work with indigenous groups in areas out4 side of government control in all of Sudan, to include north5 ern, southern, and eastern regions of Sudan.

6 SEC. 12. ASSESSMENT AND PLANNING FOR NUBA MOUN7 TAINS AND OTHER AREAS SUBJECT TO BANS

8 ON AIR TRANSPORT RELIEF FLIGHTS.

9 (a) FINDING.—Congress recognizes that civilians in

10 the Nuba Mountains, Red Sea Hills, and Blue Nile regions

11 of Sudan are not receiving assistance through OLS due to

12 restrictions by the Government of Sudan.

13 (b) SENSE OF CONGRESS.—It is the sense of Congress

14 that the President should—

15 (1) conduct a comprehensive assessment of the

16 humanitarian needs in the Nuba Mountains, Red Sea

17 Hills, and Blue Nile regions of Sudan;

18 (2) respond appropriately to those needs based

19 on such assessment; and

20 (3) report to Congress on an annual basis on ef21 forts made under paragraph (2).
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1 SEC. 13. OPTIONS OR PLANS FOR NONLETHAL ASSISTANCE

2 FOR NATIONAL DEMOCRATIC ALLIANCE PAR3 TICIPANTS.

4 (a) REPORT.—Not later than 90 days after the date

5 of enactment of this Act, the President shall submit to the

6 appropriate congressional committees a report, in classified

7 form if necessary, detailing possible options or plans of the

8 United States Government for the provision of nonlethal as9 sistance to participants of the National Democratic Alli10 ance.

11 (b) CONSULTATIONS.—Not later than 30 days after

12 submission of the report required by subsection (a), the

13 President should begin formal consultations with the appro14 priate congressional committees regarding the findings of

15 the report.

16 (c) DEFINITION.—In this section, the term ‘‘appro17 priate congressional committees’’ means the Committee on

18 Foreign Relations and the Committee on Appropriations of

19 the Senate and the Committee on International Relations

20 and the Committee on Appropriations of the House of Rep21 resentatives.

Attest:

Clerk.

106TH CONGRESS

2D SESSION S. 1453

AMENDMENT