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Union Calendar No. 48

107TH CONGRESS

1ST SESSION H. R. 2052

[Report No. 107–92, Part I]

To facilitate famine relief efforts and a comprehensive solution to the war

in Sudan.

IN THE HOUSE OF REPRESENTATIVES

JUNE 5, 2001

Mr. TANCREDO (for himself, Mr. ARMEY, Mr. WOLF, Mr. PAYNE, Mr. WATTS

of Oklahoma, Mr. LANTOS, Mr. BENTSEN, Mr. CLEMENT, Ms. JACKSONLEE of Texas, Mr. MCGOVERN, Ms. PELOSI, Mr. UPTON, Mr. WELDON

of Florida, Mr. BRYANT, Mr. GOODLATTE, Mr. CAMP, Mr. PITTS, Mr.

LAMPSON, Mr. LEWIS of Kentucky, Ms. RIVERS, Mrs. TAUSCHER, and

Mr. SHAYS) introduced the following bill; which was referred to the Committee on International Relations, and in addition to the Committtee on

Financial Services, for a period to be subsequently determined by the

Speaker, in each case for consideration of such provisions as fall within

the jurisdiction of the committee concerned

JUNE 8, 2001

Additional sponsors: Mrs. JO ANN DAVIS of Virginia, Mr. SMITH of New

Jersey, Mr. COOKSEY, Mrs. NORTHUP, and Mr. ROYCE

JUNE 8, 2001

Reported from the Committee on International Relations without amendment

JUNE 8, 2001

Referral to the Committee on Financial Services extended for a period ending

not later than June 8, 2001

JUNE 8, 2001

Committee on Financial Services discharged; committed to the Committee of

the Whole House on the State of the Union and ordered to be printed
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A BILL

To facilitate famine relief efforts and a comprehensive

solution to the war in Sudan.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

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

5 SEC. 2. FINDINGS.

6 The Congress makes the following findings:

7 (1) The Government of Sudan has intensified

8 its prosecution of the war against areas outside of

9 its control, which has already cost more than

10 2,000,000 lives and has displaced more than

11 4,000,000 people.

12 (2) A viable, comprehensive, and internationally

13 sponsored peace process, protected from manipula14 tion, presents the best chance for a permanent reso15 lution of the war, protection of human rights, and

16 a self-sustaining Sudan.

17 (3) Continued strengthening and reform of hu18 manitarian relief operations in Sudan is an essential

19 element in the effort to bring an end to the war.

20 (4) Continued leadership by the United States

21 is critical.
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1 (5) Regardless of the future political status of

2 the areas of Sudan outside of the control of the Gov3 ernment of Sudan, the absence of credible civil au4 thority and institutions is a major impediment to

5 achieving self-sustenance by the Sudanese people

6 and to meaningful progress toward a viable peace

7 process.

8 (6) Through the manipulation of traditional ri9 valries among peoples in areas outside of its full con10 trol, the Government of Sudan has used divide-and11 conquer techniques effectively to subjugate its popu12 lation. However, internationally sponsored reconcili13 ation efforts have played a critical role in reducing

14 human suffering and the effectiveness of this tactic.

15 (7) The Government of Sudan utilizes and or16 ganizes militias, Popular Defense Forces, and other

17 irregular units for raiding and enslaving parties in

18 areas outside of the control of the Government of

19 Sudan in an effort to disrupt severely the ability of

20 the populations in those areas to sustain themselves.

21 The tactic helps minimize the Government of Su22 dan’s accountability internationally.

23 (8) The Government of Sudan has repeatedly

24 stated that it intends to use the expected proceeds

25 from future oil sales to increase the tempo and
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1 lethality of the war against the areas outside of its

2 control.

3 (9) By regularly banning air transport relief

4 flights by the United Nations relief operation, Oper5 ation Lifeline Sudan (OLS), the Government of

6 Sudan has been able to manipulate the receipt of

7 food aid by the Sudanese people from the United

8 States and other donor countries as a devastating

9 weapon of war in the ongoing effort by the Govern10 ment of Sudan to starve targeted groups and subdue

11 areas of Sudan outside of the Government’s control.

12 (10) The acts of the Government of Sudan, in13 cluding the acts described in this section, constitute

14 genocide as defined by the Convention on the Pre15 vention and Punishment of the Crime of Genocide

16 (78 U.N.T.S. 277).

17 (11) The efforts of the United States and other

18 donors in delivering relief and assistance through

19 means outside of OLS have played a critical role in

20 addressing the deficiencies in OLS and offset the

21 Government of Sudan’s manipulation of food dona22 tions to advantage in the civil war in Sudan.

23 (12) While the immediate needs of selected

24 areas in Sudan facing starvation have been ad25 dressed in the near term, the population in areas of
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1 Sudan outside of the control of the Government of

2 Sudan are still in danger of extreme disruption of

3 their ability to sustain themselves.

4 (13) The Nuba Mountains and many areas in

5 Bahr al Ghazal and the Upper Nile and the Blue

6 Nile regions have been excluded completely from re7 lief distribution by OLS, consequently placing their

8 populations at increased risk of famine.

9 (14) At a cost which has sometimes exceeded

10 $1,000,000 per day, and with a primary focus on

11 providing only for the immediate food needs of the

12 recipients, the current international relief operations

13 are neither sustainable nor desirable in the long

14 term.

15 (15) The ability of populations to defend them16 selves against attack in areas outside of the control

17 of the Government of Sudan has been severely com18 promised by the disengagement of the front-line

19 states of Ethiopia, Eritrea, and Uganda, fostering

20 the belief among officials of the Government of

21 Sudan that success on the battlefield can be

22 achieved.

23 (16) The United States should use all means of

24 pressure available to facilitate a comprehensive solu25 tion to the war in Sudan, including—
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1 (A) the multilateralization of economic and

2 diplomatic tools to compel the Government of

3 Sudan to enter into a good faith peace process;

4 (B) the support or creation of viable demo5 cratic civil authority and institutions in areas of

6 Sudan outside of government control;

7 (C) continued active support of people-to8 people reconciliation mechanisms and efforts in

9 areas outside of government control;

10 (D) the strengthening of the mechanisms

11 to provide humanitarian relief to those areas;

12 and

13 (E) cooperation among the trading part14 ners of the United States and within multilat15 eral institutions toward those ends.

16 SEC. 3. DEFINITIONS.

17 In this Act:

18 (1) APPROPRIATE CONGRESSIONAL COMMIT19 TEES.—The term ‘‘appropriate congressional com20 mittees’’ means the Committee on International Re21 lations of the House of Representatives and the

22 Committee on Foreign Relations of the Senate.

23 (2) GOVERNMENT OF SUDAN.—The term ‘‘Gov24 ernment of Sudan’’ means the National Islamic

25 Front government in Khartoum, Sudan.
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1 (3) OLS.—The term ‘‘OLS’’ means the United

2 Nations relief operation carried out by UNICEF, the

3 World Food Program, and participating relief orga4 nizations known as ‘‘Operation Lifeline Sudan’’.

5 SEC. 4. CONDEMNATION OF SLAVERY, OTHER HUMAN

6 RIGHTS ABUSES, AND TACTICS OF THE GOV7 ERNMENT OF SUDAN.

8 The Congress hereby—

9 (1) condemns—

10 (A) violations of human rights on all sides

11 of the conflict in Sudan;

12 (B) the Government of Sudan’s overall

13 human rights record, with regard to both the

14 prosecution of the war and the denial of basic

15 human and political rights to all Sudanese;

16 (C) the ongoing slave trade in Sudan and

17 the role of the Government of Sudan in abet18 ting and tolerating the practice;

19 (D) the Government of Sudan’s use and

20 organization of ‘‘murahalliin’’ or

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

22 and regular Sudanese Army units into orga23 nized and coordinated raiding and slaving par24 ties in Bahr al Ghazal, the Nuba Mountains,
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1 and the Upper Nile and the Blue Nile regions;

2 and

3 (E) aerial bombardment of civilian targets

4 that is sponsored by the Government of Sudan;

5 and

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

7 air transport relief flights by the Government of

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

9 tool for creating food shortages and is used as a sys10 tematic means to destroy the societies, culture, and

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

12 a policy of low-intensity ethnic cleansing.

13 SEC. 5. USE OF APPROPRIATED FUNDS.

14 The Congress urges the President to promptly make

15 available to the National Democratic Alliance the

16 $10,000,000 in funds appropriated for assistance to such

17 group under the heading ‘‘OTHER BILATERAL ECONOMIC

18 ASSISTANCE, ECONOMIC SUPPORT FUND’’ in title I of H.R.

19 5526 of the 106th Congress, as enacted into law by section

20 101(a) of Public Law 106–429.

21 SEC. 6. SUPPORT FOR AN INTERNATIONALLY SANCTIONED

22 PEACE PROCESS.

23 (a) FINDINGS.—The Congress hereby recognizes

24 that—
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1 (1) a single viable, internationally and region2 ally sanctioned peace process holds the greatest op3 portunity to promote a negotiated, peaceful settle4 ment to the war in Sudan; and

5 (2) resolution of the conflict in Sudan is best

6 made through a peace process based on the Declara7 tion of Principles reached in Nairobi, Kenya, on July

8 20, 1994.

9 (b) UNITED STATES DIPLOMATIC SUPPORT.—The

10 Secretary of State is authorized to utilize the personnel

11 of the Department of State for the support of—

12 (1) the ongoing negotiations between the Gov13 ernment of Sudan and opposition forces;

14 (2) any necessary peace settlement planning or

15 implementation; and

16 (3) other United States diplomatic efforts sup17 porting a peace process in Sudan.

18 SEC. 7. MULTILATERAL PRESSURE ON COMBATANTS.

19 It is the sense of the Congress that—

20 (1) the United Nations should be used as a tool

21 to facilitate peace and recovery in Sudan; and

22 (2) the President, acting through the United

23 States Permanent Representative to the United Na24 tions, should seek to—
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1 (A) revise the terms of OLS to end the

2 veto power of the Government of Sudan over

3 the plans by OLS for air transport relief flights

4 and, by doing so, to end the manipulation of

5 the delivery of relief supplies to the advantage

6 of the Government of Sudan on the battlefield;

7 (B) investigate the practice of slavery in

8 Sudan and provide mechanisms for its elimi9 nation; and

10 (C) sponsor a condemnation of the Govern11 ment of Sudan each time it subjects civilians to

12 aerial bombardment.

13 SEC. 8. DISCLOSURE OF BUSINESS ACTIVITIES IN SUDAN.

14 (a) DISCLOSURE REQUIREMENTS.—No entity that is

15 engaged in any commercial activity in Sudan may trade

16 any of its securities (or depository receipts with respect

17 to its securities) in any capital market in the United

18 States unless that entity has disclosed, in such form as

19 the Securities and Exchange Commission shall prescribe—

20 (1) the nature and extent of that commercial

21 activity in Sudan, including any plans for expansion

22 or diversification;

23 (2) the identity of all agencies of the Sudanese

24 Government with which the entity is doing business;
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1 (3) the relationship of the commercial activity

2 to any violations of religious freedom and other

3 human rights in Sudan; and

4 (4) the contribution that the proceeds raised in

5 the capital markets in the United States will make

6 to the entity’s commercial activity in Sudan.

7 (b) DISCLOSURE TO THE PUBLIC.—The Securities

8 and Exchange Commission shall take the necessary steps

9 to ensure that disclosures under subsection (a) are pub10 lished or otherwise made available to the public.

11 (c) ENFORCEMENT AUTHORITY.—The President may

12 exercise the authorities he has under the International

13 Emergency Economic Powers Act to assist the Securities

14 and Exchange Commission in carrying out this section.

15 SEC. 9. REPORTING REQUIREMENT.

16 Not later than six months after the date of the enact17 ment of this Act, and annually thereafter, the Secretary

18 of State shall prepare and submit to the appropriate con19 gressional committees a report regarding the conflict in

20 Sudan. Such report shall include—

21 (1) a description of the sources and current sta22 tus of Sudan’s financing and construction of infra23 structure and pipelines for oil exploitation, the ef24 fects of such financing and construction on the in25 habitants of the regions in which the oil fields are
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1 located, and the ability of the Government of Sudan

2 to finance the war in Sudan with the proceeds of the

3 oil exploitation;

4 (2) a description of the extent to which that fi5 nancing was secured in the United States or with in6 volvement of United States citizens;

7 (3) the best estimates of the extent of aerial

8 bombardment by the Government of Sudan, includ9 ing targets, frequency, and best estimates of dam10 age; and

11 (4) a description of the extent to which humani12 tarian relief has been obstructed or manipulated by

13 the Government of Sudan or other forces.

14 SEC. 10. CONTINUED USE OF NON-OLS ORGANIZATIONS

15 FOR RELIEF EFFORTS.

16 (a) SENSE OF CONGRESS.—It is the sense of the Con17 gress that the President should continue to increase the

18 use of non-OLS agencies in the distribution of relief sup19 plies in southern Sudan.

20 (b) REPORT.—Not later than 90 days after the date

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

22 the appropriate congressional committees a detailed report

23 describing the progress made toward carrying out sub24 section (a).
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1 SEC. 11. CONTINGENCY PLAN FOR ANY BAN ON AIR TRANS2 PORT RELIEF FLIGHTS.

3 (a) PLAN.—The President shall develop a contin4 gency plan to provide, outside the auspices of the United

5 Nations if necessary, the greatest possible amount of

6 United States Government and privately donated relief to

7 all affected areas in Sudan, including the Nuba Mountains

8 and the Upper Nile and the Blue Nile regions, in the event

9 that the Government of Sudan imposes a total, partial,

10 or incremental ban on OLS air transport relief flights.

11 (b) REPROGRAMMING AUTHORITY.—Notwith12 standing any other provision of law, in carrying out the

13 plan developed under subsection (a), the President may

14 reprogram up to 100 percent of the funds available for

15 support of OLS operations (but for this subsection) for

16 the purposes of the plan.

17 SEC. 12. INVESTIGATION OF WAR CRIMES.

18 (a) IN GENERAL.—The Secretary of State shall col19 lect information about incidents which may constitute

20 crimes against humanity, genocide, war crimes, and other

21 violations of international humanitarian law by all parties

22 to the conflict in Sudan, including slavery, rape, and aerial

23 bombardment of civilian targets.

24 (b) REPORT.—Not later than six months after the

25 date of the enactment of this Act and annually thereafter,

26 the Secretary of State shall prepare and submit to the ap-
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1 propriate congressional committees a detailed report on

2 the information that the Secretary of State has collected

3 under subsection (a) and any findings or determinations

4 made by the Secretary on the basis of that information.

5 The report under this subsection may be submitted as part

6 of the report required under section 9.

7 (c) CONSULTATIONS WITH OTHER DEPARTMENTS.—

8 In preparing the report required by this section, the Sec9 retary of State shall consult and coordinate with all other

10 Government officials who have information necessary to

11 complete the report. Nothing contained in this section

12 shall require the disclosure, on a classified or unclassified

13 basis, of information that would jeopardize sensitive

14 sources and methods or other vital national security inter15 ests.

Union Calendar No. 48

107TH CONGRESS

1ST SESSION H. R. 2052

[Report No. 107–92, Part I]

A BILL

To facilitate famine relief efforts and a

comprehensive solution to the war in Sudan.

JUNE 8, 2001

Reported from the Committee on International Relations

without amendment

JUNE 8, 2001

Referral to the Committee on Financial Services extended

for a period ending not later than June 8, 2001

JUNE 8, 2001

Committee on Financial Services discharged; committed

to the Committee of the Whole House on the State ofthe Union and ordered to be printed