108TH CONGRESS

2D SESSION S. 2781

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.

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Comprehensive Peace

3 in Sudan Act of 2004’’.
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1 SEC. 2. DEFINITIONS.

2 In this Act:

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means the Committee on Foreign Relations

6 of the Senate and the Committee on International

7 Relations of the House of Representatives.

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

9 and Equality Movement.

10 (3) SLA.—The term ‘‘SLA’’ means the Suda11 nese Liberation Army.

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

13 Sudan People’s Liberation Movement.

14 SEC. 3. FINDINGS.

15 Congress makes the following findings:

16 (1) A comprehensive peace agreement for

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

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

19 2002, is in jeopardy.

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

21 repeatedly engaged in and sponsored orchestrated

22 campaigns of attacking and dislocating targeted ci23 vilian populations, disrupting their ability to sustain

24 themselves, and subsequently restricting assistance

25 to those displaced in a coordinated policy of ethnic
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1 cleansing that is most recently evident in the Darfur

2 region of Sudan.

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

4 Sudan, the United States has helped to establish an

5 internationally supported peace process to promote a

6 negotiated settlement to the war that has resulted in

7 a framework peace agreement, the Nairobi Declara8 tion on the Final Phase of Peace in the Sudan

9 signed June 5, 2004.

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

11 Sudan was negotiating for a final countrywide peace,

12 enumerated in the Nairobi Declaration on the Final

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

14 in any meaningful discussion with regard to its on15 going campaign of ethnic cleansing in the region of

16 Darfur.

17 (5) It was not until the international commu18 nity expressed its outrage, through high level visits

19 by Secretary of State Colin Powell and others, and

20 through United Nations Security Council Resolution

21 1556 of July 30, 2004, that the Government of

22 Sudan agreed to attend talks to bring peace to the

23 Darfur region.

24 (6) The Government of the United States, in

25 both the executive branch and Congress, have con-
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1 cluded that genocide has been committed and may

2 still be occurring in Darfur, and that the Govern3 ment of Sudan and the Janjaweed bear responsi4 bility for the genocide.

5 (7) The United Nations High Commissioner for

6 Human Rights has identified massive human rights

7 violations in Darfur perpetrated by the Government

8 of Sudan and the Janjaweed, which the Commis9 sioner stated may constitute war crimes or crimes

10 against humanity.

11 (8) Evidence collected by international observ12 ers in the Darfur region between February 2003 and

13 September 2004 indicate a coordinated effort to tar14 get African Sudanese civilians in a scorched earth

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

16 African Sudanese villages, killing and driving away

17 its people, while Arab Sudanese villages have been

18 left unscathed.

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

20 which Congress and the executive branch have de21 clared to be genocide, reports indicate tens of thou22 sands of African Sudanese civilians killed, the sys23 tematic rape of thousands of women and girls, the

24 destruction of hundreds of Fur, Masalit, and

25 Zaghawa villages and other ethnically African popu-
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1 lations, including the poisoning of their wells and the

2 plunder of crops and cattle upon which they sustain

3 themselves.

4 (10) According to the United Nations High

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

6 been displaced in the Darfur region of Sudan, of

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

8 as refugees.

9 (11) The Government of Sudan conducted aer10 ial attack missions and deadly raids across the inter11 national border between Sudan and Chad in an ille12 gal effort to pursue Sudanese civilians seeking ref13 uge in Chad.

14 (12) In addition to the thousands of violent

15 deaths directly caused by ongoing Sudanese military

16 and government sponsored Janjaweed attacks in the

17 Darfur region, the Government of Sudan has re18 stricted humanitarian and human rights workers’

19 access to the Darfur area, primarily through bureau20 cratic and administrative obstruction, in an attempt

21 to inflict the most devastating harm on those dis22 placed from their villages and homes without any

23 means of sustenance or shelter.

24 (13) The Government of Sudan’s continued

25 support for the Janjaweed and their obstruction of
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1 the delivery of food, shelter, and medical care to the

2 Darfur region is estimated by the World Health Or3 ganization to be resulting in up to 10,000 deaths per

4 month and, should current conditions persist, is pro5 jected to escalate to thousands of deaths each day

6 by December 2004.

7 (14) The Government of Chad served an impor8 tant role in facilitating the Darfur humanitarian

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

10 2004) for the Darfur region between the Govern11 ment of Sudan and the 2 opposition rebel groups in

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

13 have violated it repeatedly.

14 (15) The people of Chad have responded coura15 geously to the plight of over 200,000 Darfur refu16 gees by providing assistance to them even though

17 such assistance has adversely affected their own

18 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 Agreed Principles of Part

20 A of the Machakos Protocol of 2002, confirmed by

21 the Nairobi Declaration on the Final Phase of Peace

22 in the Sudan signed June 5, 2004, negotiated with

23 the SPLM, apply to all of Sudan and to all of the

24 people of 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 genocide and 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 understanding of the situation on the ground and to
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1 better inform the report required in section 11(b) of

2 the Sudan Peace Act;

3 (6) the United States and the international

4 community should—

5 (A) provide all necessary assistance to de6 ploy and sustain an African Union Force of at

7 least 4,200 personnel to the Darfur region; and

8 (B) work to increase the authorized level

9 and expand the mandate of such forces com10 mensurate with the gravity and scope of the

11 problem in a region the size of France;

12 (7) the President, acting through the Secretary

13 of State and the Permanent Representative of the

14 United States to the United Nations, should ensure

15 that Sudan fulfills its obligations under United Na16 tions Security Council Resolutions 1556 (July 30,

17 2004) and 1564 (September 18, 2004)

18 (8) sanctions should be imposed on the assets

19 and activities of those Sudanese Government offi20 cials and other individuals that are involved in car21 rying out the atrocities in the Darfur region;

22 (9) the Government of the United States should

23 not normalize relations with Sudan, including

24 through the lifting of any sanctions, until the Gov25 ernment of Sudan agrees to, and takes demonstrable
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1 steps to implement, peace agreements for all areas

2 of Sudan, including Darfur; and

3 (10) Presidential Proclamation 6958 issued No4 vember 22, 1996, which suspends entry into the

5 United States of members of the Government of

6 Sudan, officials of that Government, and members

7 of the Sudanese Armed Forces, should continue to

8 remain in effect and be strictly enforced.

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

10 (a) ASSISTANCE FOR THE CRISIS IN DARFUR AND

11 FOR COMPREHENSIVE PEACE IN SUDAN.—

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

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

14 the following new section:

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

16 FOR COMPREHENSIVE PEACE IN SUDAN.

17 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—

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

19 authorized to be appropriated to the President for

20 assistance to address the humanitarian and human

21 rights crisis in the Darfur region and its impact on

22 eastern Chad, pursuant to the authority in section

23 491 of the Foreign Assistance Act of 1961 (22

24 U.S.C. 2292), $200,000,000 for fiscal year 2005, in
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1 addition to any other funds otherwise available for

2 such purpose.

3 ‘‘(2) ADDITIONAL ASSISTANCE.—Subject to the

4 requirements of this section, there is authorized to

5 be appropriated to the President, for development

6 and humanitarian assistance for Sudan upon the

7 conclusion of a permanent, just, and equitable peace

8 agreement between the Government of Sudan and

9 the SPLM, $100,000,000 for fiscal year 2005, in

10 addition to any other funds otherwise available for

11 such purpose.

12 ‘‘(3) AVAILABILITY.—Amounts appropriated

13 pursuant to the authorization of appropriations

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

15 available until expended, notwithstanding any other

16 provision of law other than the provisions of this

17 section.

18 ‘‘(b) REQUIREMENT FOR CERTIFICATION.—The as19 sistance authorized under subsection (a)(2) may be

20 provided—

21 ‘‘(1) to the regions administered by the Govern22 ment of Sudan, in accordance with the peace agree23 ment described in subsection (a)(2), only if the

24 President submits the certification described in sub25 section (c); and
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1 ‘‘(2) to the regions administered by the SPLM,

2 in accordance with the peace agreement described in

3 subsection (a)(2), only if the President submits the

4 certification described in subsection (d).

5 ‘‘(c) CERTIFICATION WITH REGARD TO ACTIONS OF

6 THE GOVERNMENT OF SUDAN.—The certification referred

7 to in subsection (b)(1) is a certification submitted by the

8 President to the appropriate congressional committees

9 that—

10 ‘‘(1) the Government of Sudan is taking demon11 strable steps to—

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

13 Sudan and any associated militias are not at14 tacking civilians or obstructing human rights

15 monitors or the provision of humanitarian as16 sistance;

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

19 ‘‘(C) allow full and unfettered access for

20 the provision of humanitarian assistance to all

21 regions of Sudan, including Darfur; and

22 ‘‘(D) cooperate fully with the African

23 Union, the United Nations, and all other ob24 server, monitoring, and protection missions

25 mandated to operate in Sudan; and
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1 ‘‘(2) the Government of Sudan is complying

2 with the provisions of the peace agreement described

3 in subsection (a)(2).

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

5 COMPLIANCE WITH A PEACE AGREEMENT.—The certifi6 cation referred to in subsection (b)(2) is a certification

7 submitted by the President to the appropriate congres8 sional committees that the SPLM is complying with the

9 provisions of the peace agreement described in subsection

10 (a)(2).

11 ‘‘(e) SUSPENSION OF ASSISTANCE.—If, on a date

12 after the President submits a certification described in

13 subsection (c) or (d), the President determines that either

14 the Government of Sudan or the SPLM has ceased taking

15 the actions described in the applicable subsection, the

16 President shall immediately suspend the provision of any

17 assistance made available as a result of such certification

18 until the date on which the President certifies that such

19 entity has resumed taking such actions.’’.

20 (2) CONFORMING AMENDMENT.—Section 3 of

21 the Sudan Peace Act (50 U.S.C. 1701 note) is

22 amended by adding at the end the following new

23 paragraph:

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

25 Sudan People’s Liberation Movement.’’.
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1 (b) REPORTING REQUIREMENT.—Section 8 of the

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

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

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

5 SEC. 6. OTHER RESTRICTIONS.

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

7 days after the date of enactment of this Act, if the Presi8 dent has not submitted the certification described in sub9 section (c)(1) of section 12 of the Sudan Peace Act, as

10 added by section 5, the President shall, consistent with

11 the authorities granted in the International Emergency

12 Economic Powers Act (50 U.S.C. 1701 et seq.), block the

13 assets of appropriate senior officials of the Government

14 of Sudan.

15 (b) CONTINUATION OF RESTRICTIONS.—Restrictions

16 against the Government of Sudan that were imposed pur17 suant to title III and sections 508, 512, and 527 of the

18 Foreign Operations, Export Financing, and Related Pro19 grams Appropriations Act, 2004 (Division D of Public

20 Law 108–199; 118 Stat. 143) or any other similar provi21 sion of law may not be lifted pursuant to such provisions

22 of law unless the President also makes the certification

23 described in subsection (c) of section 12 of the Sudan

24 Peace Act, as added by section 5.
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1 SEC. 7. REQUIREMENT FOR REPORT.

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

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

4 to the appropriate congressional committees a report on

5 the planned United States response to a comprehensive

6 peace agreement for Sudan.

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

8 (a) shall include—

9 (1) a description of the United States response

10 to a modified peace process between the Government

11 of Sudan and the SPLM that would account for the

12 implementation of a peace in all regions of Sudan,

13 in particular Darfur; and

14 (2) a contingency plan for extraordinary hu15 manitarian assistance should the Government of

16 Sudan continue to obstruct or delay the inter17 national humanitarian response to the crisis in

18 Darfur.

19 (c) FORM OF REPORT.—The report required by sub20 section (a) may be submitted in classified form.

21 SEC. 8. TECHNICAL CORRECTION.

22 Section 12 of the International Organizations Immu23 nities Act (22 U.S.C. 288f–2) is amended by striking ‘‘Or-
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1 ganization of African Unity’’ and inserting ‘‘African

2 Union’’.

Passed the Senate September 23, 2004.

Attest:

Secretary.
108TH CONGRESS

2D SESSION S. 2781

AN ACT

To express the sense of Congress regarding the

peace in Sudan, and for other purposes.for the crisis in Darfur and for comprehensiveconflict in Darfur, Sudan, to provide assistance