II 

108TH CONGRESS 

2D SESSION S. 2720

To provide assistance for the crisis in Sudan, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 22, 2004

Mr. LUGAR (for himself, Mr. ALEXANDER, Mr. BROWNBACK, Mr. HAGEL, and 

Mr. LEAHY) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations 

A BILL

To provide assistance for the crisis 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’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) APPROPRIATE CONGRESSIONAL COMMIT9 TEES.—The term ‘‘appropriate congressional com10 mittees’’ means the Committee on Foreign Relations 
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1 of the Senate and the Committee on International 

2 Relations of the House of Representatives. 

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

4 and Equality Movement. 

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

6 Sudan People’s Liberation Movement. 

7 (4) SLA.—The term ‘‘SLA’’ means the Suda8 nese Liberation Army. 

9 SEC. 3. FINDINGS. 

10 Congress makes the following findings: 

11 (1) A comprehensive peace agreement for 

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

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

14 2002, is in grave jeopardy. 

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

16 repeatedly engaged in and sponsored orchestrated 

17 campaigns of attacking and dislocating targeted ci18 vilian populations, disrupting their ability to sustain 

19 themselves, and subsequently restricting assistance 

20 to those displaced in a coordinated policy of ethnic 

21 cleansing and Arabization that is most recently evi22 dent in the Darfur region of Sudan. 

23 (3) In response to 2 decades of civil conflict in 

24 Sudan, the United States has helped to establish an 

25 internationally supported peace process to promote a 
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1 negotiated settlement to the war that has resulted in 

2 a framework peace agreement, the Nairobi Declara3 tion on the Final Phase of Peace in the Sudan 

4 signed June 5, 2004. 

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

6 Sudan was negotiating for a final countrywide peace, 

7 enumerated in the Nairobi Declaration on the Final 

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

9 in any discussion with regard to its ongoing cam10 paign of ethnic cleansing in the region of Darfur. 

11 (5) According to United States and United Na12 tions officials, the Government of Sudan has en13 gaged in an orchestrated campaign, with the assist14 ance of its Arab Sudanese proxy militia, the 

15 Janjaweed, to cleanse a significant part of the eth16 nically African population from North Darfur, West 

17 Darfur, and South Darfur, Sudan. 

18 (6) The United Nations High Commissioner for 

19 Human Rights identified ‘‘massive human rights vio20 lations in Darfur perpetrated by the Government of 

21 Sudan and the Janjaweed, which may constitute war 

22 crimes and/or crimes against humanity’’. 

23 (7) Evidence collected by international observ24 ers in the Darfur region between January 2003 and 

25 July 2004 indicate a coordinated effort to target Af-
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1 rican Sudanese civilians in a scorched earth policy, 

2 from both air and ground, that has destroyed Afri3 can Sudanese villages, killing and driving away its 

4 people, while Arab Sudanese villages have been left 

5 unscathed. 

6 (8) As a result of this coordinated campaign 

7 that may well constitute genocide, reports indicate 

8 tens of thousands of African Sudanese civilians 

9 killed, the systematic rape of hundreds of women 

10 and girls, the destruction of hundreds of Fur, 

11 Masalit, and Zaghawa villages and other ethnically 

12 African populations, including the poisoning of their 

13 wells and the plunder of crops and cattle upon which 

14 they sustain themselves. 

15 (9) According to the United Nations High Com16 missioner for Refugees, 1,200,000 people have been 

17 displaced in the Darfur region of Sudan of whom 

18 nearly 200,000 have been forced to flee to Chad as 

19 refugees. 

20 (10) Even as refugees were fleeing Sudan, the 

21 Government of Sudan conducted aerial attack mis22 sions and deadly raids across the international bor23 der between Sudan and Chad in an illegal effort to 

24 pursue Sudanese civilians seeking refuge in Chad. 
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1 (11) In addition to the thousands of violent 

2 deaths directly caused by ongoing Sudanese military 

3 and government sponsored Janjaweed attacks in the 

4 Darfur region, the Government of Sudan has re5 stricted humanitarian and human rights workers’ 

6 access to the Darfur area, primarily through bureau7 cratic and administrative obstruction and delays in 

8 an attempt to inflict the most devastating harm on 

9 those displaced from their villages and homes with10 out any means of sustenance or shelter. 

11 (12) The Government of Sudan’s continued 

12 support for the Janjaweed and their obstruction of 

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

14 Darfur region—

15 (A) is estimated to be causing 500 deaths 

16 each day; and 

17 (B) is projected to escalate to 1,200 deaths 

18 each day by August 2004, and 2,400 deaths 

19 each day by December 2004, so that even a 

20 best-case scenario will likely result in the death 

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

22 2004 and December 31, 2004. 

23 (13) The Government of Chad in N’Djamena 

24 served an important role in facilitating the Darfur 

25 Humanitarian Cease-fire dated April 8, 2004 for the
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1 Darfur region between the Government of Sudan 

2 and the 2 opposition rebel groups in Darfur (the 

3 JEM and the SLA) although both sides have vio4 lated it repeatedly. 

5 (14) The Government and people of Chad have 

6 allowed the entry of 200,000 refugees from the 

7 Darfur region of Sudan and have generally facili8 tated the delivery of international humanitarian as9 sistance, although logistical obstacles remain a chal10 lenge in a crisis that is taxing the people of eastern 

11 Chad and the refugees. 

12 (15) The cooperation and mediation of the 

13 SPLM is critical to bringing about a political settle14 ment between the Government of Sudan, the SLA, 

15 and the JEM. 

16 SEC. 4. SENSE OF CONGRESS REGARDING THE CONFLICT 

17 IN DARFUR, SUDAN. 

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

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

20 relevant and should be extended to include the Darfur re21 gion of Sudan. 

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

23 sense of Congress that— 

24 (1) a legitimate countrywide peace in Sudan 

25 will only be possible if the principles and purpose of 
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1 the Machakos Protocol of 2002 and the Nairobi 

2 Declaration on the Final Phase of Peace in the 

3 Sudan signed June 5, 2004, negotiated with the 

4 SPLM, should apply to all of Sudan and to all of 

5 the people of Sudan, including the Darfur region; 

6 (2) the parties to the Darfur Humanitarian 

7 Cease-fire dated April 8, 2004 (the Government of 

8 Sudan, the SLA, and the JEM) must meet their ob9 ligations under that agreement to allow safe and im10 mediate access of all humanitarian assistance 

11 throughout the Darfur region and must expedite the 

12 conclusion of a political agreement to end the con13 flict in Darfur; 

14 (3) the United States should continue to pro15 vide humanitarian assistance to the areas of Sudan 

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

17 same time, develop a plan similar to that described 

18 in section 10 of the Sudan Peace Act to provide as19 sistance to the areas of Sudan to which United 

20 States access has been obstructed or denied; 

21 (4) the international community, including Afri22 can, Arab, and Muslim nations, should immediately 

23 provide logistical, financial, in-kind, and personnel 

24 resources necessary to save the lives of hundreds of 

25 thousands of individuals in the Darfur crisis; 
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1 (5) the United States Ambassador-at-Large for 

2 War Crimes should travel to Chad and the Darfur 

3 region immediately to investigate war crimes and 

4 crimes against humanity, to develop a more accurate 

5 portrayal of the situation on the ground and best in6 form the report required in section 11(b) of the 

7 Sudan Peace Act; 

8 (6) the United States and the international 

9 community should use all necessary means to assist 

10 in the immediate deployment of the full mandated 

11 African Union contingent of 100 monitors and a se12 curity force of 300, and work to increase the author13 ized level to that which properly addresses the grav14 ity and scope of the problem in a region the size of 

15 France; 

16 (7) the President should immediately name a 

17 new Special Envoy to Sudan to further efforts begun 

18 by John Danforth and to allow the United States to 

19 continue to lead the peace effort toward a com20 prehensive and sustainable peace in Sudan; 

21 (8) the President should use all means to facili22 tate a comprehensive solution to the conflict in 

23 Sudan, including by directing the United States Per24 manent Representative to the United Nations to 
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1 pursue a resolution of the United Nations Security 

2 Council that— 

3 (A) condemns the actions of the Govern4 ment of Sudan in engaging in an orchestrated 

5 campaign of ethnic cleansing in Darfur; 

6 (B) calls on the Government of Sudan to 

7 cease support of ethnic cleansing and the killing 

8 of innocent civilians, disarm the Janjaweed mi9 litias, prevent such militias from harassing and 

10 killing civilians, and ensure immediate access 

11 for all humanitarian assistance to all areas of 

12 Darfur; 

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

14 the Darfur region to permit unimpeded delivery 

15 of humanitarian assistance directly to Darfur 

16 and to allow such assistance to cross directly 

17 from countries that border Sudan, and abide by 

18 the Darfur Humanitarian Cease-fire dated 

19 April 8, 2004; 

20 (D) calls on the Government of Sudan to 

21 provide all assistance possible, including release 

22 of its strategic food reserves to respond to the 

23 Darfur crisis; 

24 (E) calls on the international community, 

25 particularly those countries with strong eco-
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1 nomic ties to Sudan, to expedite the provision 

2 of humanitarian assistance to Darfur; 

3 (F) endorses the African Union Observer 

4 and Protection Force now deploying to the 

5 Darfur region of Sudan; 

6 (G) establishes an international commis7 sion of inquiry to examine the actions and ac8 countability of those responsible for war crimes 

9 and crimes against humanity that have precip10 itated and perpetuated the humanitarian crisis 

11 in the Darfur region; and 

12 (H) confirms the right of all displaced Su13 danese to return to their land under safe and 

14 secure conditions; 

15 (9) the United Nations should immediately de16 ploy a United Nations force to Sudan to ensure an 

17 appropriate international humanitarian response to 

18 the catastrophe in the Darfur region; 

19 (10) sanctions should be imposed on the assets 

20 and activities of those Sudanese government officials 

21 and other individuals that are involved in carrying 

22 out the policy of ethnic cleansing in the Darfur re23 gion; and 

24 (11) the Government of the United States 

25 should not normalize relations with Sudan, including
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1 through the lifting of any sanctions, until the Gov2 ernment of Sudan agrees to and implements a com3 prehensive peace agreement for all areas of Sudan, 

4 including Darfur. 

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) ASSISTANCE TO SUPPORT A COMPREHENSIVE

14 FINAL PEACE AGREEMENT AND TO RESPOND TO THE

15 HUMANITARIAN CRISIS IN DARFUR.— 

16 ‘‘(1) AUTHORITY.—Subject to the requirements 

17 of this section, the President is authorized to provide 

18 assistance for Sudan to support the implementation 

19 of a comprehensive peace agreement that applies to 

20 all regions of Sudan, including the Darfur region, 

21 and to address the humanitarian and human rights 

22 crisis in the Darfur region and its impact on eastern 

23 Chad. 

24 ‘‘(2) REQUIREMENT FOR CERTIFICATION.—

25 Notwithstanding section 501(a) of the Assistance for 
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1 International Malaria Control Act (Public Law 106–

2 570; 50 U.S.C. 1701 note), assistance authorized 

3 under this section may be provided to the Govern4 ment of Sudan only if the President submits the cer5 tification described in paragraph (3). 

6 ‘‘(3) CERTIFICATION FOR THE GOVERNMENT

7 OF SUDAN.—The certification referred to in para8 graph (2) is a certification submitted by the Presi9 dent to the appropriate congressional committees 

10 that the Government of Sudan has taken demon11 strable steps to— 

12 ‘‘(A) ensure that the armed forces of 

13 Sudan and any associated militias are not com14 mitting atrocities or obstructing human rights 

15 monitors or the provision of humanitarian as16 sistance or human rights monitors; 

17 ‘‘(B) demobilize and disarm militias sup18 ported or created by the Government of Sudan; 

19 ‘‘(C) allow full and unfettered humani20 tarian assistance to all regions of Sudan, in21 cluding Darfur; 

22 ‘‘(D) allow an international commission of 

23 inquiry to conduct its investigation of atrocities 

24 in the Darfur region and Khartoum, preserve 

25 evidence of atrocities and prosecute those re-
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1 sponsible for war crimes and crimes against hu2 manity; and 

3 ‘‘(E) cooperate fully with the African 

4 Union and all other observer and monitoring 

5 missions mandated to operate in Sudan. 

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

7 date after the President submits the certification de8 scribed in paragraph (3), the President determines 

9 that the Government of Sudan has ceased taking the 

10 actions described in such paragraph, the President 

11 shall immediately suspend the provision of any as12 sistance to such Government until the date on which 

13 the President certifies that the Government of 

14 Sudan has resumed taking such actions. 

15 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

16 ‘‘(A) IN GENERAL.—There are authorized 

17 to be appropriated to the President to provide 

18 the assistance described in paragraph (1), 

19 $300,000,000 for fiscal year 2005, in addition 

20 to any other funds otherwise available for such 

21 purpose. Of such amount, $200,000,000 may be 

22 made available for humanitarian assistance in 

23 the Darfur region of Sudan and eastern Chad 

24 in response to the ongoing crisis, notwith-
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1 standing any provision of law other than the 

2 provisions of this section. 

3 ‘‘(B) AVAILABILITY.—Amounts appro4 priated pursuant to the authorization of appro5 priations under subparagraph (A) are author6 ized to remain available until expended. 

7 ‘‘(b) GOVERNMENT OF SUDAN DEFINED.—In this 

8 section, the term ‘Government of Sudan’ shall have the 

9 same meaning as such term had immediately prior to the 

10 conclusion of Darfur Humanitarian Cease-fire dated April 

11 8, 2004.’’. 

12 (2) CONFORMING AMENDMENT.—Section 3(2) 

13 of such Act is amended by striking ‘‘The’’ and in14 serting ‘‘Except as provided in section 12, the’’. 

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

16 Sudan Peace Act (50 U.S.C. 1701 note) is amended in 

17 the first sentence by striking ‘‘Sudan.’’ and inserting 

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

19 SEC. 6. REQUIREMENT FOR REPORT. 

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

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

22 to the appropriate congressional committees a report on 

23 the planned United States response to a comprehensive 

24 peace agreement for Sudan. 
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1 (b) CONTENT.—The report required by subsection 

2 (a) shall include— 

3 (1) a description of the planned United States 

4 response to a modified peace process between the 

5 Government of Sudan and the SPLM that would ac6 count for the implementation of a peace in all re7 gions of Sudan, in particular Darfur; and 

8 (2) a contingency plan for extraordinary hu9 manitarian assistance should the Government of 

10 Sudan continue to obstruct or delay the inter11 national humanitarian response to the crisis in 

12 Darfur, Sudan. 

13 (c) FORM OF REPORT.—The report required by sub14 section (a) may be submitted in classified form.

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