II 

108TH CONGRESS 

2D SESSION S. 2705

To provide assistance to Sudan, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 21, 2004

Mr. BIDEN (for himself and Mr. DEWINE) introduced the following bill; which 

was read twice and referred to the Committee on Foreign Relations 

A BILL

To provide assistance to Sudan, and for other purposes.

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 ‘‘Comprehensive Peace 

5 for Sudan Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) The Government of Sudan has engaged in 

9 an orchestrated campaign of genocide in Darfur, 

10 Sudan, and has severely restricted humanitarian and 

11 human rights workers’ access to Darfur in an at12 tempt to inflict further harm on the Fur, Masalit, 
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1 and Zaghawa people of Darfur and to prevent the 

2 collection of evidence of war crimes and crimes 

3 against humanity. 

4 (2) As a result of this campaign, as many as 

5 30,000 people have been killed, more than 1,000,000 

6 people have been displaced within Sudan, and ap7 proximately 200,000 have been made refugees in 

8 Chad. 

9 (3) As many as 320,000 people may die unless 

10 humanitarian aid is immediately delivered to the af11 fected individuals. 

12 (4) The United Nations High Commissioner for 

13 Human Rights issued a report which ‘‘identified . . . 

14 massive human rights violations in Darfur per15 petrated by the Government of Sudan and its proxy 

16 militia, which may constitute war crimes and/or 

17 crimes against humanity’’. 

18 (5) The Government of Chad, under President 

19 Idriss Deby, has served an important role in facili20 tating a renewable ‘‘humanitarian cease-fire’’ be21 tween the Government of Sudan and the two rebel 

22 groups challenging that Government in Darfur, the 

23 Justice and Equality Movement and the Sudan Lib24 eration Movement, and has been a crucial partner in 

25 permitting humanitarian assistance to reach refu-
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1 gees who have crossed from Darfur to Chad in the 

2 tens of thousands. 

3 (6) The cooperation and mediation of the 

4 SPLM is critical to bringing about a political settle5 ment between the Government, the Sudanese Libera6 tion Army, and the Justice and Equality Movement. 

7 (7) Practical implementation of a comprehen8 sive peace agreement between the SPLM and the 

9 Government of Sudan is impossible without the im10 plementation of a peace agreement for Darfur. 

11 SEC. 3. DEFINITIONS. 

12 In this Act: 

13 (1) APPROPRIATE CONGRESSIONAL COMMIT14 TEES.—The term ‘‘appropriate congressional com15 mittees’’ means the Committee on Foreign Relations 

16 of the Senate and the Committee on International 

17 Relations of the House of Representatives. 

18 (2) SPLM.—The term ‘‘SPLM’’ means the 

19 Sudan People’s Liberation Movement. 

20 SEC. 4. SENSE OF CONGRESS REGARDING ACTIONS TO AD21 DRESS THE CONFLICT IN DARFUR. 

22 It is the sense of Congress that—

23 (1) the United Nations Security Council should 

24 immediately pass a resolution—
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1 (A) condemning the actions of the Govern2 ment of Sudan in Darfur; and 

3 (B) setting out specific actions that such 

4 Government must take to avoid the reimposi5 tion of sanctions; 

6 (2) the United States Ambassador at Large for 

7 War Crimes should travel to the region to inves8 tigate allegations of war crimes, crimes against hu9 manity, and genocide brought against the Govern10 ment of Sudan; 

11 (3) the President should immediately name a 

12 new Special Envoy to Sudan whose responsibilities 

13 include support for conflict mitigation throughout 

14 Sudan; 

15 (4) the SPLM should take advantage of the op16 portunity afforded by the May 26, 2004, signing of 

17 the three protocols to help broker a political settle18 ment to the conflict in Darfur; 

19 (5) restrictions pursuant to Executive Order 

20 13067 (50 U.S.C. 1701 note) should not be lifted 

21 unless there is peace in Darfur; and 

22 (6) upon implementation of a peace agreement 

23 in Darfur, the signing of a comprehensive peace 

24 agreement between the SPLM and the Government 

25 of Sudan, and full cooperation from the Government 
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1 of Sudan on the war against terrorism, the Govern2 ment of the United States should immediately begin 

3 discussions of the necessary steps to normalize rela4 tions with Sudan, including the lifting of all eco5 nomic and political sanctions. 

6 SEC. 5. ASSISTANCE FOR SUDAN. 

7 (a) HUMANITARIAN ASSISTANCE FOR CHAD AND

8 DARFUR.—The President is authorized to provide 

9 $200,000,000 in fiscal year 2005 in assistance to meet 

10 the humanitarian crisis in Chad and Darfur pursuant to 

11 section 491 of the Foreign Assistance Act of 1961 (22 

12 U.S.C. 2292) and section 2 of the Migration and Refugee 

13 Assistance Act of 1962 (22 U.S.C. 2601) to provide shel14 ter, health, water and sanitation, protection of vulnerable 

15 populations, food, and other appropriate relief items. 

16 (b) ASSISTANCE TO SUPPORT A COMPREHENSIVE

17 NORTH-SOUTH PEACE AGREEMENT.—Notwithstanding 

18 any other provision of law, and subject to subsection (d), 

19 the President is authorized to provide $800,000,000 in as20 sistance to support a comprehensive North-South peace 

21 agreement in Sudan for purposes including commercial as22 sistance, infrastructure rehabilitation, disarmament and 

23 demobilization of fighters, and training and technical as24 sistance to integrate members of the SPLM into the in25 terim Government of Sudan. 
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1 (c) CERTIFICATION.—The President shall submit a 

2 certification to the appropriate congressional committees 

3 not later than 180 days after the date of enactment of 

4 this Act, and every 180 days thereafter, that the Govern5 ment of Sudan has—

6 (1) ensured that the armed forces and the mili7 tias, known as the Janjaweed, are not attacking ci8 vilians; 

9 (2) taken significant demonstrable and 

10 verifiable steps to demobilize and disarm the 

11 Janjaweed in Darfur; 

12 (3) ceased harassment of aid workers, including 

13 those who report human rights abuses, and allowed 

14 unfettered humanitarian access to Darfur; and 

15 (4) fully cooperated with the deployment and 

16 operation of the African Union monitoring team for 

17 Darfur. 

18 (d) PROHIBITION AND SUSPENSION OF ASSIST19 ANCE.—

20 (1) PROHIBITION.—If the President does not 

21 submit the certification described in subsection (c) 

22 then the President may not provide the assistance 

23 authorized in subsection (b). 

24 (2) SUSPENSION.—If, on a date after the Presi25 dent submits the certification described in subsection
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1 (c), the President determines such Government has 

2 ceased taking such actions, the President shall im3 mediately suspend the provision of the assistance au4 thorized in subsection (b) until the date on which 

5 the President certifies that such Government has re6 sumed taking such actions. 

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

8 (a) MEASURES AND SANCTIONS IN SUPPORT OF

9 PEACE.—On the date that is 120 days after the date of 

10 enactment of this Act, if the President has not submitted 

11 the certification described in subsection (c)(1)—

12 (1) the President shall implement the measures 

13 set forth in section 6(b)(2) of the Sudan Peace Act 

14 (50 U.S.C. 1701 note); and 

15 (2) notwithstanding section 428(b) of the 

16 Homeland Security Act of 2002 (6 U.S.C. 236(b)), 

17 the Secretary of State shall prohibit the granting of 

18 a visa to—

19 (A) a senior member of the Government of 

20 Sudan; 

21 (B) a senior official of the military of 

22 Sudan; or 

23 (C) a family member of an individual de24 scribed in subparagraph (A) or (B). 
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1 (b) CONTINUATION OF RESTRICTIONS.—Restrictions 

2 against the Government of Sudan that were imposed pur3 suant to title III and sections 508, 512, and 527 of the 

4 Foreign Operations, Export Financing, and Related Pro5 grams Appropriations Act, 2004 (Division D of Public 

6 Law 108–199; 118 Stat. 143) shall remain in place until 

7 the President makes the certification described in sub8 section (c)(1). 

9 (c) CERTIFICATION.—The certification referred to in 

10 subsections (a) and (b) is a certification submitted by the 

11 President to the appropriate congressional committees not 

12 later than 30 days after the date of enactment of this Act, 

13 and every 90 days thereafter, that—

14 (A) the armed forces of the Government of 

15 Sudan and militias allied with such Government 

16 have not attacked civilians in Sudan since the 

17 date of enactment of this Act; and 

18 (B) the Government of Sudan is allowing 

19 unfettered humanitarian access to people in 

20 Darfur. 

21 SEC. 7. MULTILATERAL EFFORTS. 

22 The Secretary of State shall direct the United States 

23 Permanent Representative to the United Nations to pur24 sue a Security Council Resolution that condemns the Gov25 ernment of Sudan for its actions in Darfur and calls for—
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1 (1) accountability for those who are found re2 sponsible for orchestrating and carrying out the 

3 atrocities in Darfur; and 

4 (2) member states of the United Nations to—

5 (A) freeze the assets of senior members of 

6 the Government of Sudan and their families 

7 held in each such member state; 

8 (B) cease to import Sudanese oil; 

9 (C) restrict the entry or transit of senior 

10 members of the Government of Sudan and their 

11 families through each such member state; 

12 (D) deny permission for any aircraft reg13 istered in Sudan to take off from, land in, or 

14 overfly each such member state; and 

15 (E) cease selling arms to the Government 

16 of Sudan. 

17 SEC. 8. REPORTING REQUIREMENTS. 

18 Not later than 30 days after the date of enactment 

19 of this Act, the President shall submit to the appropriate 

20 congressional committees a report that includes—

21 (1) plans for and resources needed to assist 

22 with the reconstruction of Sudan to support a com23 prehensive peace agreement between the Government 

24 of Sudan and the SPLM, including a description of 
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1 the effect that the crisis in Darfur will have on the 

2 resources needed; 

3 (2) contingency plans for the delivery of hu4 manitarian assistance through nonmilitary means 

5 should the Government of Sudan continue to ob6 struct or delay the international humanitarian re7 sponse for the 2,000,000 Sudanese civilians declared 

8 vulnerable in Darfur; 

9 (3) an assessment of the United States military 

10 personnel, platforms, equipment, and their associ11 ated costs required (should other efforts fail) to—

12 (A) deliver humanitarian assistance to 

13 Darfur; or 

14 (B) provide security for the delivery of hu15 manitarian assistance; and 

16 (4) a strategy for providing medical and psy17 cho-social assistance to victims of torture and sexual 

18 violence in Darfur. 

19 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

20 (a) IN GENERAL.—There is authorized to be appro21 priated to the President— 

22 (1) for fiscal year 2005, $200,000,000 to carry 

23 out the activities described in section 5(a); and 
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1 (2) for fiscal years 2005 through 2008, a total 

2 of $800,000,000 to carry out the activities described 

3 in section 5(b). 

4 (b) REDUCTION OF AVAILABLE FUNDS.—The 

5 amount authorized to be appropriated under subsection 

6 (a)(2) shall be reduced by $50,000,000 180 days after the 

7 date of enactment of this Act if the President has not 

8 made the certification described in section 5(c) by the end 

9 of that 180-day period, and shall be reduced by an addi10 tional $50,000,000 at the end of each 180-day period 

11 thereafter that has ended before the President has made 

12 such certification.

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