II 

108TH CONGRESS 

2D SESSION S. 2781 

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. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 9, 2004 

Mr. LUGAR (for himself, Mr. BIDEN, Mr. ALEXANDER, Mr. HAGEL, Mr. 

LEAHY, Mr. DEWINE, and Mr. COLEMAN) introduced the following bill; 

which was read twice and referred to the Committee on Foreign Relations 

A BILL 

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. 

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 in Sudan Act of 2004’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 
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1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means the Committee on Foreign Relations 

4 of the Senate and the Committee on International 

5 Relations of the House of Representatives. 

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

7 and Equality Movement. 

8 (3) SLA.—The term ‘‘SLA’’ means the Suda9 nese Liberation Army. 

10 (4) 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 

15 Sudan, as envisioned in the Sudan Peace Act (50 

16 U.S.C. 1701 note), and in the Machakos Protocol of 

17 2002, is in grave jeopardy. 

18 (2) Since 1989, the Government of Sudan has 

19 repeatedly engaged in and sponsored orchestrated 

20 campaigns of attacking and dislocating targeted ci21 vilian populations, disrupting their ability to sustain 

22 themselves, and subsequently restricting assistance 

23 to those displaced in a coordinated policy of ethnic 

24 cleansing and Arabization that is most recently evi25 dent in the Darfur region of Sudan. 
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1 (3) In response to 2 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 

7 signed June 5, 2004. 

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

9 Sudan was negotiating for a final countrywide peace, 

10 enumerated in the Nairobi Declaration on the Final 

11 Phase of Peace in the Sudan, it refused to engage 

12 in any discussion with regard to its ongoing cam13 paign of ethnic cleansing in the region of Darfur. 

14 (5) It was not until the international commu15 nity expressed its outrage, through high level visits 

16 by Secretary of State Colin Powell and others, and 

17 through United Nations Security Council Resolution 

18 1556 of July 30, 2004, that the Government of 

19 Sudan agreed to engage in talks to bring peace to 

20 the Darfur region. 

21 (6) According to the Government of the United 

22 States and United Nations officials, the Government 

23 of Sudan has engaged in an orchestrated campaign, 

24 with the assistance of its Arab Sudanese proxy mili25 tia, the Janjaweed, to remove a significant part of 
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1 the ethnically African population from North 

2 Darfur, West Darfur, and South Darfur, Sudan. 

3 (7) The United Nations High Commissioner for 

4 Human Rights identified ‘‘massive human rights vio5 lations in Darfur perpetrated by the Government of 

6 Sudan and the Janjaweed, which may constitute war 

7 crimes and/or crimes against humanity’’. 

8 (8) Evidence collected by international observ9 ers in the Darfur region between January 2003 and 

10 September 2004 indicate a coordinated effort to tar11 get African Sudanese civilians in a scorched earth 

12 policy, from both air and ground, that has destroyed 

13 African Sudanese villages, killing and driving away 

14 its people, while Arab Sudanese villages have been 

15 left unscathed. 

16 (9) As a result of this coordinated campaign, 

17 which Congress has declared to be genocide, reports 

18 indicate tens of thousands of African Sudanese civil19 ians killed, the systematic rape of thousands of 

20 women and girls, the destruction of hundreds of 

21 Fur, Masalit, and Zaghawa villages and other eth22 nically African populations, including the poisoning 

23 of their wells and the plunder of crops and cattle 

24 upon which they sustain themselves. 
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1 (10) According to the United Nations High 

2 Commissioner for Refugees, 1,400,000 people have 

3 been displaced in the Darfur region of Sudan, of 

4 whom over 200,000 have been forced to flee to Chad 

5 as refugees. 

6 (11) The Government of Sudan conducted aer7 ial attack missions and deadly raids across the inter8 national border between Sudan and Chad in an ille9 gal effort to pursue Sudanese civilians seeking ref10 uge in Chad. 

11 (12) In addition to the thousands of violent 

12 deaths directly caused by ongoing Sudanese military 

13 and government sponsored Janjaweed attacks in the 

14 Darfur region, the Government of Sudan has re15 stricted humanitarian and human rights workers’ 

16 access to the Darfur area, primarily through bureau17 cratic and administrative obstruction in an attempt 

18 to inflict the most devastating harm on those dis19 placed from their villages and homes without any 

20 means of sustenance or shelter. 

21 (13) The Government of Sudan’s continued 

22 support for the Janjaweed and their obstruction of 

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

24 Darfur region— 
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1 (A) is estimated to be causing 500 deaths 

2 each day; and 

3 (B) is projected to escalate to 2,400 deaths 

4 each day by December 2004, so that even a 

5 best-case scenario will likely result in the death 

6 of more than 320,000 people between April 1, 

7 2004 and December 31, 2004. 

8 (14) The Government of Chad served an impor9 tant role in facilitating the Darfur humanitarian 

10 cease-fire (the N’Djamena Agreement dated April 8, 

11 2004) for the Darfur region between the Govern12 ment of Sudan and the 2 opposition rebel groups in 

13 Darfur (the JEM and the SLA) although both sides 

14 have violated it repeatedly. 

15 (15) The people of Chad have responded coura16 geously to the plight of over 200,000 Darfur refu17 gees even though such assistance has adversely af18 fected their own means of livelihood. 

19 (16) The cooperation and inclusion of all Suda20 nese is essential to the establishment of peace and 

21 security throughout all of Sudan. 

22 (17) The African Union has demonstrated re23 newed vigor in regional affairs through its willing24 ness to respond to the crisis in Darfur, by convening 

25 talks between the parties and deploying several hun-
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1 dred monitors and security forces to the region, as 

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

3 with a broader mandate. 

4 (18) Despite the threat of international action 

5 expressed through United Nations Security Council 

6 Resolution 1556 of July 30, 2004, the Government 

7 of Sudan continues to obstruct and prevent efforts 

8 to reverse the catastrophic consequences that loom 

9 over Darfur. 

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 the principles of the 

20 Machakos Protocol of 2002 and the Nairobi Dec21 laration on the Final Phase of Peace in the Sudan 

22 signed June 5, 2004, negotiated with the SPLM, 

23 apply to all of Sudan and to all of the people of 

24 Sudan, including the Darfur region; 
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1 (2) the parties to the N’Djamena Agreement 

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

3 must meet their obligations under that Agreement to 

4 allow safe and immediate access of all humanitarian 

5 assistance throughout the Darfur region and must 

6 expedite the conclusion of a political agreement to 

7 end the conflict in Darfur; 

8 (3) the United States should continue to pro9 vide humanitarian assistance to the areas of Sudan 

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

11 same time, develop a plan similar to that described 

12 in section 10 of the Sudan Peace Act to provide as13 sistance to the areas of Sudan to which United 

14 States access has been obstructed or denied; 

15 (4) the international community, including Afri16 can, Arab, and Muslim nations, should immediately 

17 provide resources necessary to save the lives of hun18 dreds of thousands of individuals at risk as a result 

19 of the Darfur crisis; 

20 (5) the United States Ambassador-at-Large for 

21 War Crimes should travel to Chad and the Darfur 

22 region immediately to investigate war crimes and 

23 crimes against humanity to develop a more accurate 

24 portrayal of the situation on the ground and to bet-
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1 ter inform the report required in section 11(b) of the 

2 Sudan Peace Act; 

3 (6) the United States and the international 

4 community should— 

5 (A) provide all necessary means to assist in 

6 the immediate deployment of a contingent of 

7 4,200 African Union forces as recommended by 

8 the United Nations and to sustain such forces; 

9 and 

10 (B) work to increase the authorized level 

11 and expand the mandate of such forces com12 mensurate with the gravity and scope of the 

13 problem in a region the size of France; 

14 (7) the President should use all means to facili15 tate a comprehensive solution to the conflict in 

16 Sudan, including by directing the United States Per17 manent Representative to the United Nations to 

18 pursue a resolution of the United Nations Security 

19 Council that— 

20 (A) condemns the actions of the Govern21 ment of Sudan in engaging in an orchestrated 

22 campaign of ethnic cleansing in Darfur; 

23 (B) calls on the Government of Sudan to 

24 cease support of ethnic cleansing and the killing 

25 of innocent civilians, disarm the Janjaweed mi-
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1 litias, prevent such militias from harassing and 

2 killing civilians, and ensure immediate access 

3 for all humanitarian assistance to all areas of 

4 Darfur; 

5 (C) calls on all parties to the conflict in 

6 the Darfur region to permit unimpeded delivery 

7 of humanitarian assistance directly to Darfur, 

8 in particular to allow such assistance to cross 

9 directly from countries that border Sudan; 

10 (D) calls on the Government of Sudan to 

11 provide all assistance possible, including release 

12 of its strategic food reserves, to respond to the 

13 Darfur crisis; 

14 (E) calls on the international community, 

15 particularly those countries with strong eco16 nomic ties to Sudan, to expedite the provision 

17 of humanitarian assistance to Darfur; 

18 (F) authorizes the African Union Mission 

19 in Sudan (AUMIS) now deploying to the 

20 Darfur region of Sudan, and calls for the ex21 pansion of such force, and extension of the 

22 force’s mandate to include protection of civil23 ians; 

24 (G) establishes an international commis25 sion of inquiry to examine the actions and ac-
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1 countability of those responsible for war crimes 

2 and crimes against humanity in the Darfur re3 gion; and 

4 (H) confirms the right of all displaced Su5 danese to return to their villages under safe 

6 and secure conditions; 

7 (8) an international commission of inquiry 

8 should be established to conduct an investigation of 

9 atrocities in the Darfur region and to preserve evi10 dence of atrocities for use in the prosecution of those 

11 responsible for war crimes and crimes against hu12 manity; 

13 (9) sanctions should be imposed on the assets 

14 and activities of those Sudanese Government offi15 cials and other individuals that are involved in car16 rying out the policy of ethnic cleansing in the Darfur 

17 region; 

18 (10) the Government of the United States 

19 should not normalize relations with Sudan, including 

20 through the lifting of any sanctions, until the Gov21 ernment of Sudan agrees to, and takes demonstrable 

22 steps to implement, peace agreements for all areas 

23 of Sudan, including Darfur; and 

24 (11) Presidential Proclamation 6958 issued No25 vember 22, 1996, which suspends entry into the 
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1 United States of members of the Government of 

2 Sudan, officials of that Government, and members 

3 of the Sudanese Armed Forces, should continue to 

4 remain in effect and be strictly enforced. 

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

6 (a) ASSISTANCE FOR THE CRISIS IN DARFUR AND

7 FOR COMPREHENSIVE PEACE IN SUDAN.— 

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

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

10 the following new section: 

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

12 FOR COMPREHENSIVE PEACE IN SUDAN. 

13 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— 

14 ‘‘(1) HUMANITARIAN ASSISTANCE.—There is 

15 authorized to be appropriated to the President for 

16 assistance to address the humanitarian and human 

17 rights crisis in the Darfur region and its impact on 

18 eastern Chad, pursuant to the authority in section 

19 491 of the Foreign Assistance Act of 1961 (22 

20 U.S.C. 2292), $200,000,000 for fiscal year 2005, in 

21 addition to any other funds otherwise available for 

22 such purpose. 

23 ‘‘(2) ADDITIONAL ASSISTANCE.—Subject to 

24 subsections (b), (c), and (d), there is authorized to 

25 be appropriated to the President, for assistance for 
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1 Sudan upon the conclusion of a North-South peace 

2 agreement between the Government of Sudan and 

3 the SPLM, $100,000,000 for fiscal year 2005 in ad4 dition to any other funds otherwise available for such 

5 purpose. 

6 ‘‘(3) AVAILABILITY.—Amounts appropriated 

7 pursuant to the authorization of appropriations 

8 under paragraph (1) or (2) are authorized to remain 

9 available until expended, notwithstanding any other 

10 provision of law other than the provisions of this 

11 section. 

12 ‘‘(b) REQUIREMENT FOR CERTIFICATION.—The as13 sistance authorized under subsection (a)(2) may be pro14 vided only if the President submits the certification de15 scribed in subsection (c). 

16 ‘‘(c) CERTIFICATION FOR THE GOVERNMENT OF

17 SUDAN.—The certification referred to in subsection (b) is 

18 a certification submitted by the President to the appro19 priate congressional committees that the Government of 

20 Sudan has taken demonstrable steps to— 

21 ‘‘(1) ensure that the armed forces of Sudan and 

22 any associated militias are not attacking civilians or 

23 obstructing human rights monitors or the provision 

24 of humanitarian assistance; 
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1 ‘‘(2) demobilize and disarm militias supported 

2 or created by the Government of Sudan; 

3 ‘‘(3) allow full and unfettered access for the 

4 provision of humanitarian assistance to all regions of 

5 Sudan, including Darfur; and 

6 ‘‘(4) cooperate fully with the African Union, the 

7 United Nations, and all other observer, monitoring, 

8 and protection missions mandated to operate in 

9 Sudan. 

10 ‘‘(d) SUSPENSION OF ASSISTANCE.—If, on a date 

11 after the President submits the certification described in 

12 subsection (c), the President determines that the Govern13 ment of Sudan— 

14 ‘‘(1) has ceased taking the actions described in 

15 such subsection, the President shall immediately sus16 pend the provision of any assistance until the date 

17 on which the President certifies that the Govern18 ment of Sudan has resumed taking such actions; or 

19 ‘‘(2) has not demonstrated good faith in work20 ing to establish sustainable peace in all parts of 

21 Sudan, including but not limited to the Darfur re22 gion, the President may suspend all assistance to 

23 Sudan.’’. 

24 (b) REPORTING REQUIREMENT.—Section 8 of the 

25 Sudan Peace Act (50 U.S.C. 1701 note) is amended in 
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1 the first sentence by striking ‘‘Sudan.’’ and inserting 

2 ‘‘Sudan, including the conflict in the Darfur region.’’. 

3 SEC. 6. OTHER RESTRICTIONS. 

4 (a) BLOCKING OF ASSETS.—On the date that is 120 

5 days after the date of enactment of this Act, if the Presi6 dent has not submitted the certification described in sub7 section (c) of section 12 of the Sudan Peace Act, as added 

8 by section 5, the President shall, consistent with the au9 thorities granted in the International Emergency Eco10 nomic Powers Act (50 U.S.C. 1701 et seq.), block the as11 sets of appropriate senior officials of the Government of 

12 Sudan. 

13 (b) CONTINUATION OF RESTRICTIONS.—Restrictions 

14 against the Government of Sudan that were imposed pur15 suant to title III and sections 508, 512, and 527 of the 

16 Foreign Operations, Export Financing, and Related Pro17 grams Appropriations Act, 2004 (Division D of Public 

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

19 the President makes the certification described in sub20 section (c) of section 12 of the Sudan Peace Act, as added 

21 by section 5. 

22 SEC. 7. REQUIREMENT FOR REPORT. 

23 (a) REQUIREMENT.—Not later than 60 days after the 

24 date of enactment of this Act, the President shall submit 

25 to the appropriate congressional committees a report on 
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1 the planned United States response to a comprehensive 

2 peace agreement for Sudan. 

3 (b) CONTENT.—The report required by subsection 

4 (a) shall include— 

5 (1) a description of the planned United States 

6 response to a modified peace process between the 

7 Government of Sudan and the SPLM that would ac8 count for the implementation of a peace in all re9 gions of Sudan, in particular Darfur; and 

10 (2) a contingency plan for extraordinary hu11 manitarian assistance should the Government of 

12 Sudan continue to obstruct or delay the inter13 national humanitarian response to the crisis in 

14 Darfur. 

15 (c) FORM OF REPORT.—The report required by sub16 section (a) may be submitted in classified form. 

17 SEC. 8. TECHNICAL CORRECTION. 

18 Section 12 of the International Organizations Immu19 nities Act (22 U.S.C. 288f–2) is amended by striking ‘‘Or20 ganization of African Unity’’ and inserting ‘‘African 

21 Union’’. 

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