In the House of Representatives, U. S.,

November 19, 2004.

Resolved, That the bill from the Senate (S. 2781) entitled ‘‘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’’, 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 ‘‘Comprehensive Peace

3 in Sudan Act of 2004’’.

4 SEC. 2. DEFINITIONS.

5 In this Act:

6 (1) APPROPRIATE CONGRESSIONAL COMMIT7 TEES.—The term ‘‘appropriate congressional commit8 tees’’ means the Committee on Foreign Relations of

9 the Senate and the Committee on International Rela10 tions of the House of Representatives.

11 (2) GOVERNMENT OF SUDAN.—The term ‘‘Gov12 ernment of Sudan’’ means the National Congress

13 Party, formerly known as the National Islamic Front,
2

•S 2781 EAH

1 government in Khartoum, Sudan, or any successor

2 government formed on or after the date of the enact3 ment of this Act (other than the coalition government

4 agreed upon in the Nairobi Declaration on the Final

5 Phase of Peace in the Sudan signed on June 5, 2004).

6 (3) JEM.—The term ‘‘JEM’’ means the Justice

7 and Equality Movement.

8 (4) SLA.—The term ‘‘SLA’’ means the Sudan

9 Liberation Army.

10 (5) SPLM.—The term ‘‘SPLM’’ means the

11 Sudan People’s Liberation Movement.

12 SEC. 3. FINDINGS.

13 Congress makes the following findings:

14 (1) A comprehensive peace agreement for Sudan,

15 as envisioned in the Sudan Peace Act (50 U.S.C.

16 1701 note) and the Machakos Protocol of 2002, could

17 be in jeopardy if the parties do not implement and

18 honor the agreements they have signed.

19 (2) Since seizing power through a military coup

20 in 1989, the Government of Sudan repeatedly has at21 tacked and dislocated civilian populations in south22 ern Sudan in a coordinated policy of ethnic cleansing

23 and genocide that has cost the lives of more than

24 2,000,000 people and displaced more than 4,000,000

25 people.
3

•S 2781 EAH

1 (3) In response to two decades of civil conflict in

2 Sudan, the United States has helped to establish an

3 internationally supported peace process to promote a

4 negotiated settlement to the war that has resulted in

5 a framework peace agreement, the Nairobi Declara6 tion on the Final Phase of Peace in the Sudan, signed

7 on June 5, 2004.

8 (4) At the same time that the Government of

9 Sudan was negotiating for a comprehensive and all

10 inclusive peace agreement, enumerated in the Nairobi

11 Declaration on the Final Phase of Peace in the

12 Sudan, it refused to engage in any meaningful discus13 sion with regard to its ongoing campaign of ethnic

14 cleansing and genocide in the Darfur region of west15 ern Sudan.

16 (5) The Government of Sudan reluctantly agreed

17 to attend talks to bring peace to the Darfur region

18 only after considerable international pressure and

19 outrage was expressed through high level visits by

20 Secretary of State Colin Powell and others, and

21 through United Nations Security Council Resolution

22 1556 (July 30, 2004).

23 (6) The Government of the United States, in both

24 the executive branch and Congress, has concluded that

25 genocide has been committed and may still be occur-
4

•S 2781 EAH

1 ring in the Darfur region, and that the Government

2 of Sudan and militias supported by the Government

3 of Sudan, known as the Janjaweed, bear responsi4 bility for the genocide.

5 (7) Evidence collected by international observers

6 in the Darfur region between February 2003 and No7 vember 2004 indicate a coordinated effort to target

8 African Sudanese civilians in a scorched earth policy,

9 similar to that which was employed in southern

10 Sudan, that has destroyed African Sudanese villages,

11 killing and driving away their people, while Arab Su12 danese villages have been left unscathed.

13 (8) As a result of this genocidal policy in the

14 Darfur region, an estimated 70,000 people have died,

15 more than 1,600,000 people have been internally dis16 placed, and more than 200,000 people have been

17 forced to flee to neighboring Chad.

18 (9) Reports further indicate the systematic rape

19 of thousands of women and girls, the abduction of

20 women and children, and the destruction of hundreds

21 of ethnically African villages, including the poisoning

22 of their wells and the plunder of their crops and cattle

23 upon which the people of such villages sustain them24 selves.
5

•S 2781 EAH

1 (10) Despite the threat of international action

2 expressed through United Nations Security Council

3 Resolutions 1556 (July 30, 2004) and 1564 (Sep4 tember 18, 2004), the Government of Sudan continues

5 to obstruct and prevent efforts to reverse the cata6 strophic consequences that loom over the Darfur re7 gion.

8 (11) In addition to the thousands of violent

9 deaths directly caused by ongoing Sudanese military

10 and government-sponsored Janjaweed attacks in the

11 Darfur region, the Government of Sudan has re12 stricted access by humanitarian and human rights

13 workers to the Darfur area through intimidation by

14 military and security forces, and through bureau15 cratic and administrative obstruction, in an attempt

16 to inflict the most devastating harm on those individ17 uals displaced from their villages and homes without

18 any means of sustenance or shelter.

19 (12) The Government of Sudan’s continued sup20 port for the Janjaweed and their obstruction of the

21 delivery of food, shelter, and medical care to the

22 Darfur region is estimated by the World Health Orga23 nization to be causing up to 10,000 deaths per month

24 and, should current conditions persist, is projected to
6

•S 2781 EAH

1 escalate to thousands of deaths each day by December

2 2004.

3 (13) The Government of Chad served an impor4 tant role in facilitating the humanitarian cease-fire

5 (the N’Djamena Agreement dated April 8, 2004) for

6 the Darfur region between the Government of Sudan

7 and the two opposition rebel groups in the Darfur re8 gion (the JEM and the SLA), although both sides

9 have violated the cease-fire agreement repeatedly.

10 (14) The people of Chad have responded coura11 geously to the plight of over 200,000 Darfur refugees

12 by providing assistance to them even though such as13 sistance has adversely affected their own means of

14 livelihood.

15 (15) On September 9, 2004, Secretary of State

16 Colin Powell stated before the Committee on Foreign

17 Relations of the Senate: ‘‘When we reviewed the evi18 dence compiled by our team, along with other infor19 mation available to the State Department, we con20 cluded that genocide has been committed in Darfur

21 and that the Government of Sudan and the

22 [Janjaweed] bear responsibility—and genocide may

23 still be occurring.’’.

24 (16) The African Union has demonstrated re25 newed vigor in regional affairs through its willingness
7

•S 2781 EAH

1 to respond to the crisis in the Darfur region, by con2 vening talks between the parties and deploying several

3 hundred monitors and security forces to the region, as

4 well as by recognizing the need for a far larger force

5 with a broader mandate.

6 (17) The Government of Sudan’s complicity in

7 the atrocities and genocide in the Darfur region raises

8 fundamental questions about the Government of Su9 dan’s commitment to peace and stability in Sudan.

10 SEC. 4. SENSE OF CONGRESS REGARDING THE CONFLICT

11 IN DARFUR, SUDAN.

12 (a) SUDAN PEACE ACT.—It is the sense of Congress

13 that the Sudan Peace Act (50 U.S.C. 1701 note) remains

14 relevant and should be extended to include the Darfur re15 gion of Sudan.

16 (b) ACTIONS TO ADDRESS THE CONFLICT.—It is the

17 sense of Congress that—

18 (1) a legitimate countrywide peace in Sudan

19 will only be possible if those principles enumerated in

20 the 1948 Universal Declaration of Human Rights,

21 that are affirmed in the Machakos Protocol of 2002

22 and the Nairobi Declaration on the Final Phase of

23 Peace in the Sudan signed on June 5, 2004, are ap24 plied to all of Sudan, including the Darfur region;
8

•S 2781 EAH

1 (2) the parties to the N’Djamena Agreement (the

2 Government of Sudan, the JEM, and the SLA) must

3 meet their obligations under that Agreement to allow

4 safe and immediate delivery of all humanitarian as5 sistance throughout the Darfur region and must expe6 dite the conclusion of a political agreement to end the

7 genocide and conflict in the Darfur region;

8 (3) the United States should continue to provide

9 humanitarian assistance to the areas of Sudan to

10 which the United States has access and, at the same

11 time, implement a plan to provide assistance to the

12 areas of Sudan to which access has been obstructed or

13 denied;

14 (4) the international community, including Afri15 can, Arab, and Muslim nations, should immediately

16 provide resources necessary to save the lives of hun17 dreds of thousands of individuals at risk as a result

18 of the crisis in the Darfur region;

19 (5) the United States and the international com20 munity should—

21 (A) provide all necessary assistance to de22 ploy and sustain an African Union Force to the

23 Darfur region; and

24 (B) work to increase the authorized level

25 and expand the mandate of such forces commen-
9

•S 2781 EAH

1 surate with the gravity and scope of the problem

2 in a region the size of France;

3 (6) the President, acting through the Secretary of

4 State and the Permanent Representative of the United

5 States to the United Nations, should—

6 (A) condemn any failure on the part of the

7 Government of Sudan to fulfill its obligations

8 under United Nations Security Council Resolu9 tions 1556 (July 30, 2004) and 1564 (September

10 18, 2004), and press the United Nations Security

11 Council to respond to such failure by imme12 diately imposing the penalties suggested in para13 graph (14) of United Nations Security Council

14 Resolution 1564;

15 (B) press the United Nations Security

16 Council to pursue accountability for those indi17 viduals who are found responsible for orches18 trating and carrying out the atrocities in the

19 Darfur region, consistent with relevant United

20 Nations Security Council Resolutions; and

21 (C) encourage member states of the United

22 Nations to—

23 (i) cease to import Sudanese oil; and

24 (ii) take the following actions against

25 Sudanese Government and military officials
10

•S 2781 EAH

1 and other individuals, who are planning,

2 carrying out, or otherwise involved in the

3 policy of genocide in the Darfur region, as

4 well as their families, and businesses con5 trolled by the Government of Sudan and the

6 National Congress Party:

7 (I) freeze the assets held by such

8 individuals or businesses in each such

9 member state; and

10 (II) restrict the entry or transit of

11 such officials through each such mem12 ber state;

13 (7) the President should impose targeted sanc14 tions, including a ban on travel and the freezing of

15 assets, on those officials of the Government of Sudan,

16 including military officials, and other individuals

17 who have planned or carried out, or otherwise been

18 involved in the policy of genocide in the Darfur re19 gion, and should also freeze the assets of businesses

20 controlled by the Government of Sudan or the Na21 tional Congress Party;

22 (8) the Government of the United States should

23 not normalize relations with Sudan, including

24 through the lifting of any sanctions, until the Govern25 ment of Sudan agrees to, and takes demonstrable
11

•S 2781 EAH

1 steps to implement, peace agreements for all areas of

2 Sudan, including the Darfur region;

3 (9) those individuals found to be involved in the

4 planning or carrying out of genocide, war crimes, or

5 crimes against humanity should not hold leadership

6 positions in the Government of Sudan or the coalition

7 government established pursuant to the agreements

8 reached in the Nairobi Declaration on the Final

9 Phase of Peace in the Sudan; and

10 (10) the Government of Sudan has a primary re11 sponsibility to guarantee the safety and welfare of its

12 citizens, which includes allowing them access to hu13 manitarian assistance and providing them protection

14 from violence.

15 SEC. 5. AMENDMENTS TO THE SUDAN PEACE ACT.

16 (a) ASSISTANCE FOR THE CRISIS IN DARFUR AND FOR

17 COMPREHENSIVE PEACE IN SUDAN.—

18 (1) IN GENERAL.—The Sudan Peace Act (50

19 U.S.C. 1701 note) is amended by adding at the end

20 the following new section:

21 ‘‘SEC. 12. ASSISTANCE FOR THE CRISIS IN DARFUR AND

22 FOR COMPREHENSIVE PEACE IN SUDAN.

23 ‘‘(a) ASSISTANCE.—

24 ‘‘(1) AUTHORITY.—Notwithstanding any other

25 provision of law, the President is authorized to pro-
12

•S 2781 EAH

1 vide assistance for Sudan as authorized in paragraph

2 (5) of this section—

3 ‘‘(A) subject to the requirements of this sec4 tion, to support the implementation of a com5 prehensive peace agreement that applies to all re6 gions of Sudan, including the Darfur region;

7 and

8 ‘‘(B) to address the humanitarian and

9 human rights crisis in the Darfur region and

10 eastern Chad, including to support the African

11 Union mission in the Darfur region, provided

12 that no assistance may be made available to the

13 Government of Sudan.

14 ‘‘(2) CERTIFICATION FOR THE GOVERNMENT OF

15 SUDAN.—Assistance authorized under paragraph

16 (1)(A) may be provided to the Government of Sudan

17 only if the President certifies to the appropriate con18 gressional committees that the Government of Sudan

19 has taken demonstrable steps to—

20 ‘‘(A) ensure that the armed forces of Sudan

21 and any associated militias are not committing

22 atrocities or obstructing human rights monitors

23 or the provision of humanitarian assistance;

24 ‘‘(B) demobilize and disarm militias sup25 ported or created by the Government of Sudan;
13

•S 2781 EAH

1 ‘‘(C) allow full and unfettered humani2 tarian assistance to all regions of Sudan, includ3 ing the Darfur region;

4 ‘‘(D) allow an international commission of

5 inquiry to conduct an investigation of atrocities

6 in the Darfur region, in a manner consistent

7 with United Nations Security Council Resolu8 tion 1564 (September 18, 2004), to investigate

9 reports of violations of international humani10 tarian law and human rights law in the Darfur

11 region by all parties, to determine also whether

12 or not acts of genocide have occurred and to

13 identify the perpetrators of such violations with

14 a view to ensuring that those responsible are held

15 accountable;

16 ‘‘(E) cooperate fully with the African

17 Union, the United Nations, and all other ob18 server, monitoring, and protection missions

19 mandated to operate in Sudan;

20 ‘‘(F) permit the safe and voluntary return

21 of displaced persons and refugees to their homes

22 and rebuild the communities destroyed in the vi23 olence; and

24 ‘‘(G) implement the final agreements

25 reached in the Naivasha peace process and in-
14

•S 2781 EAH

1 stall a new coalition government based on the

2 Nairobi Declaration on the Final Phase of Peace

3 in the Sudan signed on June 5, 2004.

4 ‘‘(3) CERTIFICATION WITH REGARD TO SPLM’S

5 COMPLIANCE WITH A PEACE AGREEMENT.—If the

6 President determines and certifies in writing to the

7 appropriate congressional committees that the SPLM

8 has not engaged in good faith negotiations, or has

9 failed to honor the agreements signed, the President

10 shall suspend assistance authorized in this section for

11 the SPLM, except for health care, education, and hu12 manitarian assistance.

13 ‘‘(4) SUSPENSION OF ASSISTANCE.—If, on a date

14 after the President transmits the certification de15 scribed in paragraph (2), the President determines

16 that the Government of Sudan has ceased taking the

17 actions described in such paragraph, the President

18 shall immediately suspend the provision of any assist19 ance to such Government under this section until the

20 date on which the President transmits to the appro21 priate congressional committees a further certification

22 that the Government of Sudan has resumed taking

23 such actions.

24 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—
15

•S 2781 EAH

1 ‘‘(A) IN GENERAL.—In addition to any

2 other funds otherwise available for such purposes,

3 there are authorized to be appropriated to the

4 President—

5 ‘‘(i) $100,000,000 for fiscal year 2005,

6 and such sums as may be necessary for each

7 of the fiscal years 2006 and 2007, unless

8 otherwise authorized, to carry out para9 graph (1)(A); and

10 ‘‘(ii) $200,000,000 for fiscal year 2005

11 to carry out paragraph (1)(B), provided

12 that no amounts appropriated under this

13 authorization may be made available for the

14 Government of Sudan.

15 ‘‘(B) AVAILABILITY.—Amounts appro16 priated pursuant to the authorization of appro17 priations under subparagraph (A) are author18 ized to remain available until expended.

19 ‘‘(b) GOVERNMENT OF SUDAN DEFINED.—In this sec20 tion, the term ‘Government of Sudan’ means the National

21 Congress Party, formerly known as the National Islamic

22 Front, government in Khartoum, Sudan, or any successor

23 government formed on or after the date of the enactment

24 of the Comprehensive Peace in Sudan Act (other than the

25 coalition government agreed upon in the Nairobi Declara-
16

•S 2781 EAH

1 tion on the Final Phase of Peace in the Sudan signed on

2 June 5, 2004).’’.

3 (2) CONFORMING AMENDMENTS.—Section 3 of

4 such Act (50 U.S.C. 1701 note) is amended—

5 (A) in paragraph (2), by striking ‘‘The’’

6 and inserting ‘‘Except as provided in section 12,

7 the’’; and

8 (B) by adding at the end the following new

9 paragraph:

10 ‘‘(4) SPLM.—The term ‘SPLM’ means the

11 Sudan People’s Liberation Movement.’’.

12 (b) REPORTING AMENDMENT.—The Sudan Peace Act

13 (50 U.S.C. 1701 note) is amended by striking section 8 and

14 inserting the following:

15 ‘‘SEC. 8. REPORTING REQUIREMENTS.

16 ‘‘(a) REPORT ON COMMERCIAL ACTIVITY.—Not later

17 than 30 days after the date of the enactment of the Com18 prehensive Peace in Sudan Act of 2004, and annually there19 after until the completion of the interim period outlined in

20 the Machakos Protocol of 2002, the Secretary of State, in

21 consultation with relevant United States Government de22 partments and agencies, shall submit to the appropriate

23 congressional committees a report regarding commercial ac24 tivity in Sudan that includes—
17

•S 2781 EAH

1 ‘‘(1) a description of the sources and current sta2 tus of Sudan’s financing and construction of infra3 structure and pipelines for oil exploitation, the effects

4 of such financing and construction on the inhabitants

5 of the regions in which the oil fields are located and

6 the ability of the Government of Sudan to finance the

7 war in Sudan with the proceeds of the oil exploi8 tation;

9 ‘‘(2) a description of the extent to which that fi10 nancing was secured in the United States or with the

11 involvement of United States citizens; and

12 ‘‘(3) a description of the relationships between

13 Sudan’s arms industry and major foreign business

14 enterprises and their subsidiaries, including govern15 ment-controlled entities.

16 ‘‘(b) REPORT ON THE CONFLICT IN SUDAN, INCLUDING

17 THE DARFUR REGION.—Not later than 30 days after the

18 date of the enactment of the Comprehensive Peace in Sudan

19 Act of 2004, and annually thereafter until the completion

20 of the interim period outlined in the Machakos Protocol of

21 2002, the Secretary of State shall prepare and submit to

22 the appropriate congressional committees a report regard23 ing the conflict in Sudan, including the conflict in the

24 Darfur region. Such report shall include—
18

•S 2781 EAH

1 ‘‘(1) the best estimates of the extent of aerial

2 bombardment of civilian centers in Sudan by the

3 Government of Sudan, including targets, frequency,

4 and best estimates of damage; and

5 ‘‘(2) a description of the extent to which humani6 tarian relief in Sudan has been obstructed or manip7 ulated by the Government of Sudan or other forces,

8 and a contingency plan to distribute assistance

9 should the Government of Sudan continue to obstruct

10 or delay the international humanitarian response to

11 the crisis in Darfur.

12 ‘‘(c) DISCLOSURE TO THE PUBLIC.—The Secretary of

13 State shall publish or otherwise make available to the public

14 each unclassified report, or portion of a report that is un15 classified, submitted under subsection (a) or (b).’’.

16 SEC. 6. SANCTIONS IN SUPPORT OF PEACE IN DARFUR.

17 (a) SANCTIONS.—Beginning on the date that is 30

18 days after the date of enactment of this Act, the President

19 shall, notwithstanding paragraph (1) of section 6(b) of the

20 Sudan Peace Act (50 U.S.C. 1701 note), implement the

21 measures set forth in subparagraphs (A) through (D) of

22 paragraph (2) of such section.

23 (b) BLOCKING OF ASSETS.—Beginning on the date

24 that is 30 days after the date of enactment of this Act, the

25 President shall, consistent with the authorities granted in
19

•S 2781 EAH

1 the International Emergency Economic Powers Act (50

2 U.S.C. 1701 et seq.), block the assets of appropriate senior

3 officials of the Government of Sudan.

4 (c) WAIVER.—The President may waive the applica5 tion of subsection (a) or (b) if the President determines and

6 certifies to the appropriate congressional committees that

7 such a waiver is in the national interest of the United

8 States.

9 (d) CONTINUATION OF RESTRICTIONS.—Restrictions

10 against the Government of Sudan that were imposed pursu11 ant to title III and sections 508, 512, and 527 of the For12 eign Operations, Export Financing, and Related Programs

13 Act, 2004 (division D of Public Law 108–199; 118 Stat.

14 143), or any other similar provision of law, shall remain

15 in effect against the Government of Sudan and may not

16 be lifted pursuant to such provisions of law unless the Presi17 dent transmits a certification to the appropriate congres18 sional committees in accordance with paragraph (2) of sec19 tion 12(a) of the Sudan Peace Act (as added by section

20 5(a)(1) of this Act).

21 (e) DETERMINATION.—Notwithstanding subsection (a)

22 of this section, the President shall continue to transmit the

23 determination required under section 6(b)(1)(A) of the

24 Sudan Peace Act (50 U.S.C. 1701 note).
20

•S 2781 EAH

1 SEC. 7. ADDITIONAL AUTHORITIES.

2 Notwithstanding any other provision of law, the Presi3 dent is authorized to provide assistance, other than military

4 assistance, to areas that were outside of the control of the

5 Government of Sudan on April 8, 2004, including to pro6 vide assistance for emergency relief, development and gov7 ernance, or to implement any program in support of any

8 viable peace agreement at the local, regional, or national

9 level in Sudan.

10 SEC. 8. TECHNICAL CORRECTION.

11 Section 12 of the International Organizations Immu12 nities Act (22 U.S.C. 288f–2) is amended by striking ‘‘Or13 ganization of African Unity’’ and inserting ‘‘African

14 Union’’.

Attest:

Clerk.
108TH CONGRESS

2D SESSION S. 2781

AMENDMENT