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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2781 Enrolled Bill (ENR)]

        S.2781

                       One Hundred Eighth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
           the twentieth day of January, two thousand and four

                                 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.

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

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) Government of sudan.--The term ``Government of Sudan'' 
    means the National Congress Party, formerly known as the National 
    Islamic Front, government in Khartoum, Sudan, or any successor 
    government formed on or after the date of the enactment of this Act 
    (other than the coalition government agreed upon in the Nairobi 
    Declaration on the Final Phase of Peace in the Sudan signed on June 
    5, 2004).
        (3) JEM.--The term ``JEM'' means the Justice and Equality 
    Movement.
        (4) SLA.--The term ``SLA'' means the Sudan Liberation Army.
        (5) 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 the Machakos Protocol 
    of 2002, could be in jeopardy if the parties do not implement and 
    honor the agreements they have signed.
        (2) Since seizing power through a military coup in 1989, the 
    Government of Sudan repeatedly has attacked and dislocated civilian 
    populations in southern Sudan in a coordinated policy of ethnic 
    cleansing and genocide that has cost the lives of more than 
    2,000,000 people and displaced more than 4,000,000 people.
        (3) In response to two 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 on 
    June 5, 2004.
        (4) At the same time that the Government of Sudan was 
    negotiating for a comprehensive and all inclusive peace agreement, 
    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 and 
    genocide in the Darfur region of western Sudan.
        (5) The Government of Sudan reluctantly agreed to attend talks 
    to bring peace to the Darfur region only after considerable 
    international pressure and outrage was expressed through high level 
    visits by Secretary of State Colin Powell and others, and through 
    United Nations Security Council Resolution 1556 (July 30, 2004).
        (6) The Government of the United States, in both the executive 
    branch and Congress, has concluded that genocide has been committed 
    and may still be occurring in the Darfur region, and that the 
    Government of Sudan and militias supported by the Government of 
    Sudan, known as the Janjaweed, bear responsibility for the 
    genocide.
        (7) Evidence collected by international observers in the Darfur 
    region between February 2003 and November 2004 indicate a 
    coordinated effort to target African Sudanese civilians in a 
    scorched earth policy, similar to that which was employed in 
    southern Sudan, that has destroyed African Sudanese villages, 
    killing and driving away their people, while Arab Sudanese villages 
    have been left unscathed.
        (8) As a result of this genocidal policy in the Darfur region, 
    an estimated 70,000 people have died, more than 1,600,000 people 
    have been internally displaced, and more than 200,000 people have 
    been forced to flee to neighboring Chad.
        (9) Reports further indicate the systematic rape of thousands 
    of women and girls, the abduction of women and children, and the 
    destruction of hundreds of ethnically African villages, including 
    the poisoning of their wells and the plunder of their crops and 
    cattle upon which the people of such villages sustain themselves.
        (10) Despite the threat of international action expressed 
    through United Nations Security Council Resolutions 1556 (July 30, 
    2004) and 1564 (September 18, 2004), the Government of Sudan 
    continues to obstruct and prevent efforts to reverse the 
    catastrophic consequences that loom over the Darfur region.
        (11) 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 access by humanitarian and human rights workers to the 
    Darfur area through intimidation by military and security forces, 
    and through bureaucratic and administrative obstruction, in an 
    attempt to inflict the most devastating harm on those individuals 
    displaced from their villages and homes without any means of 
    sustenance or shelter.
        (12) 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 causing 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.
        (13) The Government of Chad served an important role in 
    facilitating the humanitarian cease-fire (the N'Djamena Agreement 
    dated April 8, 2004) for the Darfur region between the Government 
    of Sudan and the two opposition rebel groups in the Darfur region 
    (the JEM and the SLA), although both sides have violated the cease-
    fire agreement repeatedly.
        (14) 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.
        (15) On September 9, 2004, Secretary of State Colin Powell 
    stated before the Committee on Foreign Relations of the Senate: 
    ``When we reviewed the evidence compiled by our team, along with 
    other information available to the State Department, we concluded 
    that genocide has been committed in Darfur and that the Government 
    of Sudan and the [Janjaweed] bear responsibility--and genocide may 
    still be occurring.''.
        (16) The African Union has demonstrated renewed vigor in 
    regional affairs through its willingness to respond to the crisis 
    in the Darfur region, 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.
        (17) The Government of Sudan's complicity in the atrocities and 
    genocide in the Darfur region raises fundamental questions about 
    the Government of Sudan's commitment to peace and stability in 
    Sudan.
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 those principles enumerated in the 1948 Universal 
    Declaration of Human Rights, that are affirmed in the Machakos 
    Protocol of 2002 and the Nairobi Declaration on the Final Phase of 
    Peace in the Sudan signed on June 5, 2004, are applied to all of 
    Sudan, including the Darfur region;
        (2) the parties to the N'Djamena Agreement (the Government of 
    Sudan, the JEM, and the SLA) must meet their obligations under that 
    Agreement to allow safe and immediate delivery of all humanitarian 
    assistance throughout the Darfur region and must expedite the 
    conclusion of a political agreement to end the genocide and 
    conflict in the Darfur region;
        (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, implement a plan to provide 
    assistance to the areas of Sudan to which 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 crisis in the Darfur region;
        (5) the United States and the international community should--
            (A) provide all necessary assistance to deploy and sustain 
        an African Union Force 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;
        (6) the President, acting through the Secretary of State and 
    the Permanent Representative of the United States to the United 
    Nations, should--
            (A) condemn any failure on the part of the Government of 
        Sudan to fulfill its obligations under United Nations Security 
        Council Resolutions 1556 (July 30, 2004) and 1564 (September 
        18, 2004), and press the United Nations Security Council to 
        respond to such failure by immediately imposing the penalties 
        suggested in paragraph (14) of United Nations Security Council 
        Resolution 1564;
            (B) press the United Nations Security Council to pursue 
        accountability for those individuals who are found responsible 
        for orchestrating and carrying out the atrocities in the Darfur 
        region, consistent with relevant United Nations Security 
        Council Resolutions; and
            (C) encourage member states of the United Nations to--
                (i) cease to import Sudanese oil; and
                (ii) take the following actions against Sudanese 
            Government and military officials and other individuals, 
            who are planning, carrying out, or otherwise involved in 
            the policy of genocide in the Darfur region, as well as 
            their families, and businesses controlled by the Government 
            of Sudan and the National Congress Party:

                    (I) freeze the assets held by such individuals or 
                businesses in each such member state; and
                    (II) restrict the entry or transit of such 
                officials through each such member state;

        (7) the President should impose targeted sanctions, including a 
    ban on travel and the freezing of assets, on those officials of the 
    Government of Sudan, including military officials, and other 
    individuals who have planned or carried out, or otherwise been 
    involved in the policy of genocide in the Darfur region, and should 
    also freeze the assets of businesses controlled by the Government 
    of Sudan or the National Congress Party;
        (8) 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 the Darfur region;
        (9) those individuals found to be involved in the planning or 
    carrying out of genocide, war crimes, or crimes against humanity 
    should not hold leadership positions in the Government of Sudan or 
    the coalition government established pursuant to the agreements 
    reached in the Nairobi Declaration on the Final Phase of Peace in 
    the Sudan; and
        (10) the Government of Sudan has a primary responsibility to 
    guarantee the safety and welfare of its citizens, which includes 
    allowing them access to humanitarian assistance and providing them 
    protection from violence.
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) Assistance.--
        ``(1) Authority.--Notwithstanding any other provision of law, 
    the President is authorized to provide assistance for Sudan as 
    authorized in paragraph (5) of this section--
            ``(A) subject to the requirements of this section, to 
        support the implementation of a comprehensive peace agreement 
        that applies to all regions of Sudan, including the Darfur 
        region; and
            ``(B) to address the humanitarian and human rights crisis 
        in the Darfur region and eastern Chad, including to support the 
        African Union mission in the Darfur region, provided that no 
        assistance may be made available to the Government of Sudan.
        ``(2) Certification for the government of sudan.--Assistance 
    authorized under paragraph (1)(A) may be provided to the Government 
    of Sudan only if the President certifies to the appropriate 
    congressional committees that the Government of Sudan has taken 
    demonstrable steps to--
            ``(A) ensure that the armed forces of Sudan and any 
        associated militias are not committing atrocities 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 humanitarian assistance to 
        all regions of Sudan, including the Darfur region;
            ``(D) allow an international commission of inquiry to 
        conduct an investigation of atrocities in the Darfur region, in 
        a manner consistent with United Nations Security Council 
        Resolution 1564 (September 18, 2004), to investigate reports of 
        violations of international humanitarian law and human rights 
        law in the Darfur region by all parties, to determine also 
        whether or not acts of genocide have occurred and to identify 
        the perpetrators of such violations with a view to ensuring 
        that those responsible are held accountable;
            ``(E) cooperate fully with the African Union, the United 
        Nations, and all other observer, monitoring, and protection 
        missions mandated to operate in Sudan;
            ``(F) permit the safe and voluntary return of displaced 
        persons and refugees to their homes and rebuild the communities 
        destroyed in the violence; and
            ``(G) implement the final agreements reached in the 
        Naivasha peace process and install a new coalition government 
        based on the Nairobi Declaration on the Final Phase of Peace in 
        the Sudan signed on June 5, 2004.
        ``(3) Certification with regard to splm's compliance with a 
    peace agreement.--If the President determines and certifies in 
    writing to the appropriate congressional committees that the SPLM 
    has not engaged in good faith negotiations, or has failed to honor 
    the agreements signed, the President shall suspend assistance 
    authorized in this section for the SPLM, except for health care, 
    education, and humanitarian assistance.
        ``(4) Suspension of assistance.--If, on a date after the 
    President transmits the certification described in paragraph (2), 
    the President determines that the Government of Sudan has ceased 
    taking the actions described in such paragraph, the President shall 
    immediately suspend the provision of any assistance to such 
    Government under this section until the date on which the President 
    transmits to the appropriate congressional committees a further 
    certification that the Government of Sudan has resumed taking such 
    actions.
        ``(5) Authorization of appropriations.--
            ``(A) In general.--In addition to any other funds otherwise 
        available for such purposes, there are authorized to be 
        appropriated to the President--
                ``(i) $100,000,000 for fiscal year 2005, and such sums 
            as may be necessary for each of the fiscal years 2006 and 
            2007, unless otherwise authorized, to carry out paragraph 
            (1)(A); and
                ``(ii) $200,000,000 for fiscal year 2005 to carry out 
            paragraph (1)(B), provided that no amounts appropriated 
            under this authorization may be made available for the 
            Government of Sudan.
            ``(B) Availability.--Amounts appropriated pursuant to the 
        authorization of appropriations under subparagraph (A) are 
        authorized to remain available until expended.
    ``(b) Government of Sudan Defined.--In this section, the term 
`Government of Sudan' means the National Congress Party, formerly known 
as the National Islamic Front, government in Khartoum, Sudan, or any 
successor government formed on or after the date of the enactment of 
the Comprehensive Peace in Sudan Act (other than the coalition 
government agreed upon in the Nairobi Declaration on the Final Phase of 
Peace in the Sudan signed on June 5, 2004).''.
        (2) Conforming amendments.--Section 3 of such Act (50 U.S.C. 
    1701 note) is amended--
            (A) in paragraph (2), by striking ``The'' and inserting 
        ``Except as provided in section 12, the''; and
            (B) by adding at the end the following new paragraph:
        ``(4) SPLM.--The term `SPLM' means the Sudan People's 
    Liberation Movement.''.
    (b) Reporting Amendment.--The Sudan Peace Act (50 U.S.C. 1701 note) 
is amended by striking section 8 and inserting the following:

``SEC. 8. REPORTING REQUIREMENTS.

    ``(a) Report on Commercial Activity.--Not later than 30 days after 
the date of the enactment of the Comprehensive Peace in Sudan Act of 
2004, and annually thereafter until the completion of the interim 
period outlined in the Machakos Protocol of 2002, the Secretary of 
State, in consultation with relevant United States Government 
departments and agencies, shall submit to the appropriate congressional 
committees a report regarding commercial activity in Sudan that 
includes--
        ``(1) a description of the sources and current status of 
    Sudan's financing and construction of infrastructure and pipelines 
    for oil exploitation, the effects of such financing and 
    construction on the inhabitants of the regions in which the oil 
    fields are located and the ability of the Government of Sudan to 
    finance the war in Sudan with the proceeds of the oil exploitation;
        ``(2) a description of the extent to which that financing was 
    secured in the United States or with the involvement of United 
    States citizens; and
        ``(3) a description of the relationships between Sudan's arms 
    industry and major foreign business enterprises and their 
    subsidiaries, including government-controlled entities.
    ``(b) Report on the Conflict in Sudan, Including the Darfur 
Region.--Not later than 30 days after the date of the enactment of the 
Comprehensive Peace in Sudan Act of 2004, and annually thereafter until 
the completion of the interim period outlined in the Machakos Protocol 
of 2002, the Secretary of State shall prepare and submit to the 
appropriate congressional committees a report regarding the conflict in 
Sudan, including the conflict in the Darfur region. Such report shall 
include--
        ``(1) the best estimates of the extent of aerial bombardment of 
    civilian centers in Sudan by the Government of Sudan, including 
    targets, frequency, and best estimates of damage; and
        ``(2) a description of the extent to which humanitarian relief 
    in Sudan has been obstructed or manipulated by the Government of 
    Sudan or other forces, and a contingency plan to distribute 
    assistance should the Government of Sudan continue to obstruct or 
    delay the international humanitarian response to the crisis in 
    Darfur.
    ``(c) Disclosure to the Public.--The Secretary of State shall 
publish or otherwise make available to the public each unclassified 
report, or portion of a report that is unclassified, submitted under 
subsection (a) or (b).''.
SEC. 6. SANCTIONS IN SUPPORT OF PEACE IN DARFUR.
    (a) Sanctions.--Beginning on the date that is 30 days after the 
date of enactment of this Act, the President shall, notwithstanding 
paragraph (1) of section 6(b) of the Sudan Peace Act (50 U.S.C. 1701 
note), implement the measures set forth in subparagraphs (A) through 
(D) of paragraph (2) of such section.
    (b) Blocking of Assets.--Beginning on the date that is 30 days 
after the date of enactment of this Act, 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.
    (c) Waiver.--The President may waive the application of subsection 
(a) or (b) if the President determines and certifies to the appropriate 
congressional committees that such a waiver is in the national interest 
of the United States.
    (d) 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 Act, 2004 (division D of Public Law 108-199; 118 
Stat. 143), or any other similar provision of law, shall remain in 
effect against the Government of Sudan and may not be lifted pursuant 
to such provisions of law unless the President transmits a 
certification to the appropriate congressional committees in accordance 
with paragraph (2) of section 12(a) of the Sudan Peace Act (as added by 
section 5(a)(1) of this Act).
    (e) Determination.--Notwithstanding subsection (a) of this section, 
the President shall continue to transmit the determination required 
under section 6(b)(1)(A) of the Sudan Peace Act (50 U.S.C. 1701 note).

SEC. 7. ADDITIONAL AUTHORITIES.

    Notwithstanding any other provision of law, the President is 
authorized to provide assistance, other than military assistance, to 
areas that were outside of the control of the Government of Sudan on 
April 8, 2004, including to provide assistance for emergency relief, 
development and governance, or to implement any program in support of 
any viable peace agreement at the local, regional, or national level in 
Sudan.

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''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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