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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2781 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  2d Session
                                S. 2781

_______________________________________________________________________

                                 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.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Comprehensive Peace in Sudan Act of 
2004''.

SEC. 2. DEFINITIONS.

    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) JEM.--The term ``JEM'' means the Justice and Equality 
        Movement.
            (3) SLA.--The term ``SLA'' means the Sudanese Liberation 
        Army.
            (4) SPLM.--The term ``SPLM'' means the Sudan People's 
        Liberation Movement.

SEC. 3. FINDINGS.

    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 in 
        the Machakos Protocol of 2002, is in jeopardy.
            (2) Since 1989, the Government of Sudan has repeatedly 
        engaged in and sponsored orchestrated campaigns of attacking 
        and dislocating targeted civilian populations, disrupting their 
        ability to sustain themselves, and subsequently restricting 
        assistance to those displaced in a coordinated policy of ethnic 
        cleansing that is most recently evident in the Darfur region of 
        Sudan.
            (3) In response to 2 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 June 5, 2004.
            (4) At the same time that the Government of Sudan was 
        negotiating for a final countrywide peace, 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 in the region of 
        Darfur.
            (5) It was not until the international community expressed 
        its outrage, through high level visits by Secretary of State 
        Colin Powell and others, and through United Nations Security 
        Council Resolution 1556 of July 30, 2004, that the Government 
        of Sudan agreed to attend talks to bring peace to the Darfur 
        region.
            (6) The Government of the United States, in both the 
        executive branch and Congress, have concluded that genocide has 
        been committed and may still be occurring in Darfur, and that 
        the Government of Sudan and the Janjaweed bear responsibility 
        for the genocide.
            (7) The United Nations High Commissioner for Human Rights 
        has identified massive human rights violations in Darfur 
        perpetrated by the Government of Sudan and the Janjaweed, which 
        the Commissioner stated may constitute war crimes or crimes 
        against humanity.
            (8) Evidence collected by international observers in the 
        Darfur region between February 2003 and September 2004 indicate 
        a coordinated effort to target African Sudanese civilians in a 
        scorched earth policy, from both air and ground, that has 
        destroyed African Sudanese villages, killing and driving away 
        its people, while Arab Sudanese villages have been left 
        unscathed.
            (9) As a result of this coordinated campaign, which 
        Congress and the executive branch have declared to be genocide, 
        reports indicate tens of thousands of African Sudanese 
        civilians killed, the systematic rape of thousands of women and 
        girls, the destruction of hundreds of Fur, Masalit, and Zaghawa 
        villages and other ethnically African populations, including 
        the poisoning of their wells and the plunder of crops and 
        cattle upon which they sustain themselves.
            (10) According to the United Nations High Commissioner for 
        Refugees, 1,400,000 people have been displaced in the Darfur 
        region of Sudan, of whom over 200,000 have been forced to flee 
        to Chad as refugees.
            (11) The Government of Sudan conducted aerial attack 
        missions and deadly raids across the international border 
        between Sudan and Chad in an illegal effort to pursue Sudanese 
        civilians seeking refuge in Chad.
            (12) 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 humanitarian and human 
        rights workers' access to the Darfur area, primarily through 
        bureaucratic and administrative obstruction, in an attempt to 
        inflict the most devastating harm on those displaced from their 
        villages and homes without any means of sustenance or shelter.
            (13) 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 resulting in 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.
            (14) The Government of Chad served an important role in 
        facilitating the Darfur humanitarian cease-fire (the N'Djamena 
        Agreement dated April 8, 2004) for the Darfur region between 
        the Government of Sudan and the 2 opposition rebel groups in 
        Darfur (the JEM and the SLA) although both sides have violated 
        it repeatedly.
            (15) 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.
            (16) The cooperation and inclusion of all Sudanese is 
        essential to the establishment of peace and security throughout 
        all of Sudan.
            (17) The African Union has demonstrated renewed vigor in 
        regional affairs through its willingness to respond to the 
        crisis in Darfur, 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.
            (18) Despite the threat of international action expressed 
        through United Nations Security Council Resolution 1556 of July 
        30, 2004, the Government of Sudan continues to obstruct and 
        prevent efforts to reverse the catastrophic consequences that 
        loom over Darfur.

SEC. 4. 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 the Agreed Principles of Part A of the Machakos 
        Protocol of 2002, confirmed by the Nairobi Declaration on the 
        Final Phase of Peace in the Sudan signed June 5, 2004, 
        negotiated with the SPLM, apply to all of Sudan and to all of 
        the people of Sudan, including the Darfur region;
            (2) the parties to the N'Djamena Agreement (the Government 
        of Sudan, the SLA, and the JEM) must meet their obligations 
        under that Agreement to allow safe and immediate access of all 
        humanitarian assistance throughout the Darfur region and must 
        expedite the conclusion of a political agreement to end the 
        genocide and conflict in Darfur;
            (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, develop a plan 
        similar to that described in section 10 of the Sudan Peace Act 
        to provide assistance to the areas of Sudan to which United 
        States 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 Darfur crisis;
            (5) the United States Ambassador-at-Large for War Crimes 
        should travel to Chad and the Darfur region immediately to 
        investigate war crimes and crimes against humanity to develop a 
        more accurate understanding of the situation on the ground and 
        to better inform the report required in section 11(b) of the 
        Sudan Peace Act;
            (6) the United States and the international community 
        should--
                    (A) provide all necessary assistance to deploy and 
                sustain an African Union Force of at least 4,200 
                personnel 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;
            (7) the President, acting through the Secretary of State 
        and the Permanent Representative of the United States to the 
        United Nations, should ensure that Sudan fulfills its 
        obligations under United Nations Security Council Resolutions 
        1556 (July 30, 2004) and 1564 (September 18, 2004)
            (8) sanctions should be imposed on the assets and 
        activities of those Sudanese Government officials and other 
        individuals that are involved in carrying out the atrocities in 
        the Darfur region;
            (9) 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 Darfur; and
            (10) Presidential Proclamation 6958 issued November 22, 
        1996, which suspends entry into the United States of members of 
        the Government of Sudan, officials of that Government, and 
        members of the Sudanese Armed Forces, should continue to remain 
        in effect and be strictly enforced.

SEC. 5. AMENDMENTS TO THE SUDAN PEACE ACT.

    (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. ASSISTANCE FOR THE CRISIS IN DARFUR AND FOR COMPREHENSIVE 
              PEACE IN SUDAN.

    ``(a) Authorization of Appropriations.--
            ``(1) Humanitarian assistance.--There is authorized to be 
        appropriated to the President for assistance to address the 
        humanitarian and human rights crisis in the Darfur region and 
        its impact on eastern Chad, pursuant to the authority in 
        section 491 of the Foreign Assistance Act of 1961 (22 U.S.C. 
        2292), $200,000,000 for fiscal year 2005, in addition to any 
        other funds otherwise available for such purpose.
            ``(2) Additional assistance.--Subject to the requirements 
        of this section, there is authorized to be appropriated to the 
        President, for development and humanitarian assistance for 
        Sudan upon the conclusion of a permanent, just, and equitable 
        peace agreement between the Government of Sudan and the SPLM, 
        $100,000,000 for fiscal year 2005, in addition to any other 
        funds otherwise available for such purpose.
            ``(3) Availability.--Amounts appropriated pursuant to the 
        authorization of appropriations under paragraph (1) or (2) are 
        authorized to remain available until expended, notwithstanding 
        any other provision of law other than the provisions of this 
        section.
    ``(b) Requirement for Certification.--The assistance authorized 
under subsection (a)(2) may be provided--
            ``(1) to the regions administered by the Government of 
        Sudan, in accordance with the peace agreement described in 
        subsection (a)(2), only if the President submits the 
        certification described in subsection (c); and
            ``(2) to the regions administered by the SPLM, in 
        accordance with the peace agreement described in subsection 
        (a)(2), only if the President submits the certification 
        described in subsection (d).
    ``(c) Certification with Regard to Actions of the Government of 
Sudan.--The certification referred to in subsection (b)(1) is a 
certification submitted by the President to the appropriate 
congressional committees that--
            ``(1) the Government of Sudan is taking demonstrable steps 
        to--
                    ``(A) ensure that the armed forces of Sudan and any 
                associated militias are not attacking civilians 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 access for the 
                provision of humanitarian assistance to all regions of 
                Sudan, including Darfur; and
                    ``(D) cooperate fully with the African Union, the 
                United Nations, and all other observer, monitoring, and 
                protection missions mandated to operate in Sudan; and
            ``(2) the Government of Sudan is complying with the 
        provisions of the peace agreement described in subsection 
        (a)(2).
    ``(d) Certification with regard to SPLM's Compliance with a Peace 
Agreement.--The certification referred to in subsection (b)(2) is a 
certification submitted by the President to the appropriate 
congressional committees that the SPLM is complying with the provisions 
of the peace agreement described in subsection (a)(2).
    ``(e) Suspension of Assistance.--If, on a date after the President 
submits a certification described in subsection (c) or (d), the 
President determines that either the Government of Sudan or the SPLM 
has ceased taking the actions described in the applicable subsection, 
the President shall immediately suspend the provision of any assistance 
made available as a result of such certification until the date on 
which the President certifies that such entity has resumed taking such 
actions.''.
            (2) Conforming amendment.--Section 3 of the Sudan Peace Act 
        (50 U.S.C. 1701 note) is amended by adding at the end the 
        following new paragraph:
            ``(4) SPLM.--The term `SPLM' means the Sudan People's 
        Liberation Movement.''.
    (b) Reporting Requirement.--Section 8 of the Sudan Peace Act (50 
U.S.C. 1701 note) is amended in the first sentence by striking 
``Sudan.'' and inserting ``Sudan, including the conflict in the Darfur 
region.''.

SEC. 6. OTHER RESTRICTIONS.

    (a) Blocking of Assets.--On the date that is 120 days after the 
date of enactment of this Act, if the President has not submitted the 
certification described in subsection (c)(1) of section 12 of the Sudan 
Peace Act, as added by section 5, 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.
    (b) 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 Appropriations Act, 2004 (Division D of Public Law 
108-199; 118 Stat. 143) or any other similar provision of law may not 
be lifted pursuant to such provisions of law unless the President also 
makes the certification described in subsection (c) of section 12 of 
the Sudan Peace Act, as added by section 5.

SEC. 7. REQUIREMENT FOR REPORT.

    (a) Requirement.--Not later than 60 days after the date of 
enactment of this Act, the President shall submit to the appropriate 
congressional committees a report on the planned United States response 
to a comprehensive peace agreement for Sudan.
    (b) Content.--The report required by subsection (a) shall include--
            (1) a description of the United States response to a 
        modified peace process between the Government of Sudan and the 
        SPLM that would account for the implementation of a peace in 
        all regions of Sudan, in particular Darfur; and
            (2) a contingency plan for extraordinary humanitarian 
        assistance should the Government of Sudan continue to obstruct 
        or delay the international humanitarian response to the crisis 
        in Darfur.
    (c) Form of Report.--The report required by subsection (a) may be 
submitted in classified form.

SEC. 8. TECHNICAL CORRECTION.

    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''.

            Passed the Senate September 23, 2004.

            Attest:

                                                             Secretary.
108th CONGRESS

  2d Session

                                S. 2781

_______________________________________________________________________

                                 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.
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