IIB

107TH CONGRESS

1ST SESSION H. R. 2052

IN THE SENATE OF THE UNITED STATES

JUNE 14, 2001

Received

JUNE 21, 2001

Read twice and referred to the Committee on Foreign Relations

AN ACT

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’’.
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1 SEC. 2. FINDINGS.

2 The Congress makes the following findings:

3 (1) The Government of Sudan has intensified

4 its prosecution of the war against areas outside of

5 its control, which has already cost more than

6 2,000,000 lives and has displaced more than

7 4,000,000 people.

8 (2) A viable, comprehensive, and internationally

9 sponsored peace process, protected from manipula10 tion, presents the best chance for a permanent reso11 lution of the war, protection of human rights, and

12 a self-sustaining Sudan.

13 (3) Continued strengthening and reform of hu14 manitarian relief operations in Sudan is an essential

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

16 (4) Continued leadership by the United States

17 is critical.

18 (5) Regardless of the future political status of

19 the areas of Sudan outside of the control of the Gov20 ernment of Sudan, the absence of credible civil au21 thority and institutions is a major impediment to

22 achieving self-sustenance by the Sudanese people

23 and to meaningful progress toward a viable peace

24 process.

25 (6) Through the manipulation of traditional ri26 valries among peoples in areas outside of its full con-
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1 trol, the Government of Sudan has used divide-and2 conquer techniques effectively to subjugate its popu3 lation. However, internationally sponsored reconcili4 ation efforts have played a critical role in reducing

5 human suffering and the effectiveness of this tactic.

6 (7) The Government of Sudan utilizes and or7 ganizes militias, Popular Defense Forces, and other

8 irregular units for raiding and enslaving parties in

9 areas outside of the control of the Government of

10 Sudan in an effort to disrupt severely the ability of

11 the populations in those areas to sustain themselves.

12 The tactic helps minimize the Government of Su13 dan’s accountability internationally.

14 (8) The Government of Sudan has repeatedly

15 stated that it intends to use the expected proceeds

16 from future oil sales to increase the tempo and

17 lethality of the war against the areas outside of its

18 control.

19 (9) By regularly banning air transport relief

20 flights by the United Nations relief operation, Oper21 ation Lifeline Sudan (OLS), the Government of

22 Sudan has been able to manipulate the receipt of

23 food aid by the Sudanese people from the United

24 States and other donor countries as a devastating

25 weapon of war in the ongoing effort by the Govern-
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1 ment of Sudan to starve targeted groups and subdue

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

3 (10) The acts of the Government of Sudan, in4 cluding the acts described in this section, constitute

5 genocide as defined by the Convention on the Pre6 vention and Punishment of the Crime of Genocide

7 (78 U.N.T.S. 277).

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

9 donors in delivering relief and assistance through

10 means outside of OLS have played a critical role in

11 addressing the deficiencies in OLS and offset the

12 Government of Sudan’s manipulation of food dona13 tions to advantage in the civil war in Sudan.

14 (12) While the immediate needs of selected

15 areas in Sudan facing starvation have been ad16 dressed in the near term, the population in areas of

17 Sudan outside of the control of the Government of

18 Sudan are still in danger of extreme disruption of

19 their ability to sustain themselves.

20 (13) The Nuba Mountains and many areas in

21 Bahr al Ghazal and the Upper Nile and the Blue

22 Nile regions have been excluded completely from re23 lief distribution by OLS, consequently placing their

24 populations at increased risk of famine.
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1 (14) At a cost which has sometimes exceeded

2 $1,000,000 per day, and with a primary focus on

3 providing only for the immediate food needs of the

4 recipients, the current international relief operations

5 are neither sustainable nor desirable in the long

6 term.

7 (15) The ability of populations to defend them8 selves against attack in areas outside of the control

9 of the Government of Sudan has been severely com10 promised by the disengagement of the front-line

11 states of Ethiopia, Eritrea, and Uganda, fostering

12 the belief among officials of the Government of

13 Sudan that success on the battlefield can be

14 achieved.

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

16 pressure available to facilitate a comprehensive solu17 tion to the war in Sudan, including—

18 (A) the multilateralization of economic and

19 diplomatic tools to compel the Government of

20 Sudan to enter into a good faith peace process;

21 (B) the support or creation of viable demo22 cratic civil authority and institutions in areas of

23 Sudan outside of government control;
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1 (C) continued active support of people-to2 people reconciliation mechanisms and efforts in

3 areas outside of government control;

4 (D) the strengthening of the mechanisms

5 to provide humanitarian relief to those areas;

6 and

7 (E) cooperation among the trading part8 ners of the United States and within multilat9 eral institutions toward those ends.

10 SEC. 3. DEFINITIONS.

11 In this Act:

12 (1) APPROPRIATE CONGRESSIONAL COMMIT13 TEES.—The term ‘‘appropriate congressional com14 mittees’’ means the Committee on International Re15 lations of the House of Representatives and the

16 Committee on Foreign Relations of the Senate.

17 (2) GOVERNMENT OF SUDAN.—The term ‘‘Gov18 ernment of Sudan’’ means the National Islamic

19 Front government in Khartoum, Sudan.

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

21 Nations relief operation carried out by UNICEF, the

22 World Food Program, and participating relief orga23 nizations known as ‘‘Operation Lifeline Sudan’’.
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1 SEC. 4. CONDEMNATION OF SLAVERY, OTHER HUMAN

2 RIGHTS ABUSES, AND TACTICS OF THE GOV3 ERNMENT OF SUDAN.

4 The Congress hereby—

5 (1) condemns—

6 (A) violations of human rights on all sides

7 of the conflict in Sudan;

8 (B) the Government of Sudan’s overall

9 human rights record, with regard to both the

10 prosecution of the war and the denial of basic

11 human and political rights to all Sudanese;

12 (C) the ongoing slave trade in Sudan and

13 the role of the Government of Sudan in abet14 ting and tolerating the practice;

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

16 organization of ‘‘murahalliin’’ or

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

18 and regular Sudanese Army units into orga19 nized and coordinated raiding and slaving par20 ties in Bahr al Ghazal, the Nuba Mountains,

21 and the Upper Nile and the Blue Nile regions;

22 and

23 (E) aerial bombardment of civilian targets

24 that is sponsored by the Government of Sudan;

25 and
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1 (2) recognizes that, along with selective bans on

2 air transport relief flights by the Government of

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

4 tool for creating food shortages and is used as a sys5 tematic means to destroy the societies, culture, and

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

7 a policy of low-intensity ethnic cleansing.

8 SEC. 5. USE OF APPROPRIATED FUNDS.

9 The Congress urges the President to promptly make

10 available to the National Democratic Alliance the

11 $10,000,000 in funds appropriated for assistance to such

12 group under the heading ‘‘OTHER BILATERAL ECONOMIC

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

14 5526 of the 106th Congress, as enacted into law by section

15 101(a) of Public Law 106–429.

16 SEC. 6. SUPPORT FOR AN INTERNATIONALLY SANCTIONED

17 PEACE PROCESS.

18 (a) FINDINGS.—The Congress hereby recognizes

19 that—

20 (1) a single viable, internationally and region21 ally sanctioned peace process holds the greatest op22 portunity to promote a negotiated, peaceful settle23 ment to the war in Sudan; and

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

25 made through a peace process based on the Declara-
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1 tion of Principles reached in Nairobi, Kenya, on July

2 20, 1994.

3 (b) UNITED STATES DIPLOMATIC SUPPORT.—The

4 Secretary of State is authorized to utilize the personnel

5 of the Department of State for the support of—

6 (1) the ongoing negotiations between the Gov7 ernment of Sudan and opposition forces;

8 (2) any necessary peace settlement planning or

9 implementation; and

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

12 SEC. 7. MULTILATERAL PRESSURE ON COMBATANTS.

13 It is the sense of the Congress that—

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

15 to facilitate peace and recovery in Sudan; and

16 (2) the President, acting through the United

17 States Permanent Representative to the United Na18 tions, should seek to—

19 (A) revise the terms of OLS to end the

20 veto power of the Government of Sudan over

21 the plans by OLS for air transport relief flights

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

23 the delivery of relief supplies to the advantage

24 of the Government of Sudan on the battlefield;
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1 (B) investigate the practice of slavery in

2 Sudan and provide mechanisms for its elimi3 nation; and

4 (C) sponsor a condemnation of the Govern5 ment of Sudan each time it subjects civilians to

6 aerial bombardment.

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

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

9 engaged in any commercial activity in Sudan may trade

10 any of its securities (or depository receipts with respect

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

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

13 the Securities and Exchange Commission shall prescribe—

14 (1) the nature and extent of that commercial

15 activity in Sudan, including any plans for expansion

16 or diversification;

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

18 Government with which the entity is doing business;

19 (3) the relationship of the commercial activity

20 to any violations of religious freedom and other

21 human rights in Sudan; and

22 (4) the contribution that the proceeds raised in

23 the capital markets in the United States will make

24 to the entity’s commercial activity in Sudan.
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1 (b) DISCLOSURE TO THE PUBLIC.—The Securities

2 and Exchange Commission shall take the necessary steps

3 to ensure that disclosures under subsection (a) are pub4 lished or otherwise made available to the public.

5 (c) ENFORCEMENT AUTHORITY.—The President may

6 exercise the authorities he has under the International

7 Emergency Economic Powers Act to assist the Securities

8 and Exchange Commission in carrying out this section.

9 SEC. 9. PROHIBITION ON TRADING IN UNITED STATES CAP10 ITAL MARKETS.

11 (a) PROHIBITION.—The President shall exercise the

12 authorities he has under the International Emergency

13 Economic Powers Act to prohibit any entity engaged in

14 the development of oil or gas in Sudan—

15 (1) from raising capital in the United States; or

16 (2) from trading its securities (or depository re17 ceipts with respect to its securities) in any capital

18 market in the United States.

19 (b) DEFINITION.—For purposes of this section, an

20 entity is ‘‘engaged in the development of oil or gas in

21 Sudan’’ if that entity is directly engaged in the explo22 ration, production, transportation (by pipeline or other23 wise), or refining of petroleum, natural gas, or petroleum

24 products in Sudan.
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1 SEC. 10. REPORTING REQUIREMENT.

2 Not later than six months after the date of the enact3 ment of this Act, and annually thereafter, the Secretary

4 of State shall prepare and submit to the appropriate con5 gressional committees a report regarding the conflict in

6 Sudan. Such report shall include—

7 (1) a description of the sources and current sta8 tus of Sudan’s financing and construction of infra9 structure and pipelines for oil exploitation, the ef10 fects of such financing and construction on the in11 habitants of the regions in which the oil fields are

12 located, and the ability of the Government of Sudan

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

14 oil exploitation;

15 (2) a description of the extent to which that fi16 nancing was secured in the United States or with in17 volvement of United States citizens;

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

19 bombardment by the Government of Sudan, includ20 ing targets, frequency, and best estimates of dam21 age; and

22 (4) a description of the extent to which humani23 tarian relief has been obstructed or manipulated by

24 the Government of Sudan or other forces.
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1 SEC. 11. CONTINUED USE OF NON-OLS ORGANIZATIONS

2 FOR RELIEF EFFORTS.

3 (a) SENSE OF CONGRESS.—It is the sense of the Con4 gress that the President should continue to increase the

5 use of non-OLS agencies in the distribution of relief sup6 plies in southern Sudan.

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

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

9 the appropriate congressional committees a detailed report

10 describing the progress made toward carrying out sub11 section (a).

12 SEC. 12. CONTINGENCY PLAN FOR ANY BAN ON AIR TRANS13 PORT RELIEF FLIGHTS.

14 (a) PLAN.—The President shall develop a contin15 gency plan to provide, outside the auspices of the United

16 Nations if necessary, the greatest possible amount of

17 United States Government and privately donated relief to

18 all affected areas in Sudan, including the Nuba Mountains

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

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

21 or incremental ban on OLS air transport relief flights.

22 (b) REPROGRAMMING AUTHORITY.—Notwith23 standing any other provision of law, in carrying out the

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

25 reprogram up to 100 percent of the funds available for
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1 support of OLS operations (but for this subsection) for

2 the purposes of the plan.

3 SEC. 13. INVESTIGATION OF WAR CRIMES.

4 (a) IN GENERAL.—The Secretary of State shall col5 lect information about incidents which may constitute

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

7 violations of international humanitarian law by all parties

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

9 bombardment of civilian targets.

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

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

12 the Secretary of State shall prepare and submit to the ap13 propriate congressional committees a detailed report on

14 the information that the Secretary of State has collected

15 under subsection (a) and any findings or determinations

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

17 The report under this subsection may be submitted as part

18 of the report required under section 9.

19 (c) CONSULTATIONS WITH OTHER DEPARTMENTS.—

20 In preparing the report required by this section, the Sec21 retary of State shall consult and coordinate with all other

22 Government officials who have information necessary to

23 complete the report. Nothing contained in this section

24 shall require the disclosure, on a classified or unclassified

25 basis, of information that would jeopardize sensitive
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1 sources and methods or other vital national security inter2 ests.

Passed the House of Representatives June 13, 2001.

Attest: JEFF TRANDAHL,

Clerk.