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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Comprehensive Peace 
in Sudan Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on International Re-
lations of the House of Representatives and the 
Committee on Foreign Relations of the Senate. 
(2) JEM.—The term ‘‘JEM’’ means the Justice 
and Equality Movement. 
(3) SPLM.—The term ‘‘SPLM’’ means the 
Sudan People’s Liberation Movement. 
(4) SLA.—The term ‘‘SLA’’ means the Sudan 
Liberation Army. 
(5) GOVERNMENT OF SUDAN.—The term ‘‘Gov-
ernment of Sudan’’ means the National Islamic 
Front-led 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). 
SEC. 3. FINDINGS. 
Congress makes the following findings:
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(1) Since seizing power through a military coup 
in 1989, the Government of Sudan repeatedly has 
attacked and dislocated civilian populations in south-
ern Sudan in a coordinated policy of ethnic cleansing 
that has cost the lives of over 2,000,000 people and 
displaced more than 4,000,000 people. 
(2) The Governments of the United States, the 
United Kingdom, and Norway each have committed 
significant resources to promote an internationally 
supported peace process between the Government of 
Sudan and the Sudan People’s Liberation Movement 
(SPLM), under the auspices of the Inter-Govern-
mental Authority on Development. 
(3) Following the signing of the Machakos 
Agreement in July 2002, the Government of Sudan 
and the SPLM reached a number of important 
agreements on issues such as self-determination, se-
curity arrangements, and wealth and power sharing, 
culminating in a final framework agreement, the 
Nairobi Declaration on the Final Phase of Peace in 
the Sudan, signed on June 5, 2004. 
(4) In early 2003, while the Government of 
Sudan and the SPLM were negotiating for a final, 
country-wide peace, armed conflict between forces of 
the Government of Sudan, including militia forces
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backed by the Government, and rebel forces, includ-
ing the Sudan Liberation Army (SLA) and the Jus-
tice and Equality Movement (JEM), began in the 
Darfur region of western Sudan. 
(5) Evidence collected by international observ-
ers in the Darfur region between February 2003 and 
September 2004 indicate a coordinated effort to tar-
get African Sudanese civilians in a scorched earth 
policy, similar to that which was employed in south-
ern Sudan, that has destroyed African Sudanese vil-
lages, killing and driving away its people, while Arab 
Sudanese villages have been left unscathed. 
(6) As a result of this campaign, which the 
United States Congress and executive branch have 
declared to be genocide, an estimated 50,000 people 
have been killed, 1,200,000 people have been inter-
nally displaced, and 200,000 people have been forced 
to flee to neighboring Chad. 
(7) Reports further indicate the systematic rape 
of thousands of women and girls, the abduction of 
women and children, and the destruction of hun-
dreds of ethnically African villages, including the 
poisoning of their wells and the plunder of their 
crops and cattle upon which the people of such vil-
lages sustain themselves.
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(8) The Government of Sudan conducted aerial 
attack missions and deadly raids across the inter-
national border between Sudan and Chad in an ille-
gal effort to pursue Sudanese civilians seeking ref-
uge in Chad. 
(9) In addition to the thousands of violent 
deaths directly caused by ongoing Sudanese military 
and government sponsored militia attacks in the 
Darfur region, the Government of Sudan has re-
stricted humanitarian access to the region, primarily 
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. 
(10) The Government of Sudan’s continued 
support for the Janjaweed militias and their ob-
struction of the delivery of food, shelter, and medical 
care to the Darfur region is estimated by the World 
Health Organization to be resulting in up to 10,000 
deaths per month and, should current trends con-
tinue, is projected to escalate to thousands of deaths 
each day by December 2004. 
(11) The United Nations Special Rapporteur on 
Extrajudicial, Summary or Arbitrary Executions 
stated in a recent report to the United Nations Sub-
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Commission on Human Rights that ‘‘[i]t is beyond 
doubt that the [G]overnment of Sudan is responsible 
for extrajudicial and summary executions of large 
numbers of people over the last several months in 
the Darfur region’’, and that ‘‘[t]he current humani-
tarian disaster unfolding in Darfur, for which the 
government is largely responsible, has put millions of 
civilians at risk’’. 
(12) Attacks on civilians in the Darfur region 
continue despite an April 8, 2004, temporary cease-
fire agreement reached between the Government of 
Sudan and the JEM and SLA rebel groups in 
N’Djamena, Chad. 
(13) The United Nations High Commissioner 
for Human Rights identified ‘‘massive human rights 
violations in Darfur perpetrated by the Government 
of Sudan and the Janjaweed, which may constitute 
war crimes and/or crimes against humanity’’. 
(14) On July 22, 2004, the United States 
House of Representatives and Senate both declared 
that the atrocities unfolding in Darfur, Sudan are 
genocide. 
(15) On September 9, 2004, Secretary of State 
Colin L. Powell stated before the Committee on For-
eign Relations of the Senate: ‘‘When we reviewed the
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evidence compiled by our team, along with other in-
formation 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) On July 30, 2004, the United Nations Se-
curity Council passed Resolution 1556, calling upon 
the Government of Sudan to disarm the Janjaweed 
militias, apprehend and bring to justice Janjaweed 
leaders and their associates who have incited and 
carried out violations of human rights and inter-
national humanitarian law, as well as other atroc-
ities in the Darfur region. 
(17) On September 18, 2004, the United Na-
tions Security Council passed Resolution 1564, de-
termining that the Government of Sudan had failed 
to meet its obligations under Resolution 1556, call-
ing for a military flight ban in and over the Darfur 
region, demanding the names of Janjaweed militia-
men disarmed and arrested for verification, estab-
lishing an International Commission of Inquiry into 
violations of international humanitarian and human 
rights laws, and threatening sanctions should the
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SEC. 4. SENSE OF CONGRESS REGARDING GENOCIDE AND 
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 re-
gion of Sudan. 
(b) ACTIONS TO ADDRESS GENOCIDE AND THE CON-
FLICT IN DARFUR.—It is the sense of Congress that—
(1) the atrocities unfolding in the Darfur region 
of Sudan are genocide; 
(2) the Government of Sudan has violated the 
Convention on the Prevention and Punishment of 
the Crime of Genocide, signed at Paris on December 
9, 1948, to which it is a contracting party, as a re-
sult of its complicity in the violence in the Darfur 
region; 
(3) a legitimate countrywide peace in Sudan 
will only be possible if the principles enumerated in 
the 1948 Universal Declaration of Human Rights, 
as affirmed in the Machakos Protocol of 2002, and 
the Nairobi Declaration on the Final Phase of Peace 
in the Sudan, are applied to all of Sudan, including 
the Darfur region; 
(4) the parties to the Humanitarian Ceasefire 
on the Conflict in Darfur (the Government of 
Sudan, the SLA, and the JEM), signed in
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N’Djamena, Chad, on April 8, 2004, must meet 
their obligations under that agreement, including—
(A) to give up the use of force as a means 
of settling the conflict in the Darfur region; 
(B) to allow safe and immediate access for 
the 
provision 
of 
humanitarian 
assistance 
throughout the Darfur region; 
(C) to allow the deployment of and cooper-
ate with international monitors and security 
forces; and 
(D) to expedite the conclusion of a political 
agreement to end the conflict in the Darfur re-
gion; 
(5) the President should impose targeted sanc-
tions on the assets and activities of those Sudanese 
Government officials and other individuals who are 
determined to be involved in planning, carrying out, 
or otherwise involved in the policy of genocide in the 
Darfur region, as well as on the assets and activities 
of businesses controlled by the Government of Sudan 
and the National Congress Party; 
(6) the United States Government 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 im-
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plement a comprehensive peace agreement for all 
areas of Sudan, including the Darfur region; 
(7) the United States and the international 
community should use all necessary means to assist 
international monitors and security forces in the 
Darfur region, particularly the African Union moni-
toring team, in order to ensure an appropriate inter-
national response to the crisis in the Darfur region; 
(8) the United States should continue to pro-
vide 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 ob-
structed or denied; 
(9) the President should appoint a new Special 
Presidential Envoy for Peace in the Sudan to com-
plement and continue the work of former Senator 
John C. Danforth, who shall be tasked with assist-
ing all parties to the conflict in Sudan, including in 
the Darfur region, to achieve a just, comprehensive, 
and permanent peace in Sudan; 
(10) the member states of the United Nations, 
particularly the member states from the African 
Union, the Arab League, and the Organization of 
the Islamic Conference, should undertake urgent
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measures to prevent the genocide in the Darfur re-
gion from escalating further, including the imposi-
tion of targeted sanctions against those responsible 
for the atrocities; and 
(11) the international community, including Af-
rican, Arab, and Muslim nations, should immediately 
provide logistical, financial, in-kind, and personnel 
resources necessary to save the lives of hundreds of 
thousands of individuals at risk as a result of the 
Darfur crisis. 
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 TO SUPPORT A COMPREHENSIVE 
FINAL PEACE AGREEMENT IN SUDAN AND TO RESPOND 
TO THE HUMANITARIAN CRISIS IN DARFUR.—
‘‘(1) AUTHORITY.—Subject to the requirements 
of this section, the President is authorized to provide 
assistance for Sudan—
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‘‘(A) to support the implementation of a 
comprehensive peace agreement that applies to 
all regions of Sudan, including the Darfur re-
gion; 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 of Sudan. 
‘‘(2) REQUIREMENT
FOR
CERTIFICATION.—
Notwithstanding section 501(a) of the Assistance for 
International Malaria Control Act (Public Law 106–
570; 50 U.S.C. 1701 note), assistance authorized 
under this section may be provided to the Govern-
ment of Sudan only if the President transmits the 
certification described in paragraph (3). 
‘‘(3) CERTIFICATION
FOR
THE
GOVERNMENT 
OF SUDAN.—The certification referred to in para-
graph (2) is a certification transmitted by the Presi-
dent to the appropriate congressional committees 
that the Government of Sudan has taken demon-
strable steps to—
‘‘(A) ensure that the armed forces of 
Sudan and any associated militias are not com-
mitting atrocities or obstructing human rights
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monitors or the provision of humanitarian as-
sistance; 
‘‘(B) demobilize and disarm militias sup-
ported or created by the Government of Sudan; 
‘‘(C) allow full and unfettered humani-
tarian assistance to all regions of Sudan, in-
cluding Darfur; 
‘‘(D) allow an international commission of 
inquiry to conduct its investigation of atrocities 
in the Darfur region and Khartoum, preserve 
evidence of atrocities and prosecute those re-
sponsible for war crimes, crimes against hu-
manity, and genocide; 
‘‘(E) cooperate fully with the African 
Union and all other observer and monitoring 
missions mandated to operate in Sudan; 
‘‘(F) ensure the safe return of displaced 
persons and refugees to their homes and rebuild 
the communities destroyed in the violence; 
‘‘(G) implement the Nairobi Declaration on 
the Final Phase of Peace in the Sudan; and 
‘‘(H) install a new coalition government 
based on the agreements reached in the Nairobi 
Declaration on the Final Phase of Peace in the 
Sudan.
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gressional committees in accordance with paragraph (3) 
of section 12(a) of the Sudan Peace Act (as added by sec-
tion 5(a)(1) of this Act). 
SEC. 7. DISCLOSURE OF BUSINESS ACTIVITIES IN SUDAN. 
(a) ANNUAL REPORT TO CONGRESS.—The Secretary 
of the Treasury shall, not later than 180 days after the 
date of the enactment of this Act, and not later than the 
end of each 1-year period thereafter, submit to Congress 
a report that includes—
(1) the identity of all entities that are engaged 
in commercial activity in Sudan; 
(2) the nature and extent of that commercial 
activity in Sudan, including any plans for expansion 
or diversification; 
(3) the identity of all agencies of the Sudanese 
Government with which any such entity is doing 
business; and 
(4) the relationship of the commercial activity 
to any violations of religious freedom and other 
human rights in Sudan. 
(b) DISCLOSURE TO THE PUBLIC.—The Secretary of 
the Treasury shall publish or otherwise make available to 
the public each report submitted under subsection (a).
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SEC. 8. MULTILATERAL EFFORTS. 
The President, acting through the United States Per-
manent Representative to the United Nations, should—
(1) press the United Nations Security Council 
to pursue accountability for those who are found re-
sponsible for orchestrating and carrying out the 
atrocities in the Darfur region, consistent with 
United Nations Security Council Resolutions 1556 
(July 30, 2004) and 1564 (September 18, 2004); 
(2) encourage member states of the United Na-
tions to—
(A) freeze the assets of senior members of 
the Government of Sudan and their families 
held in each such member state; 
(B) cease to import Sudanese oil; 
(C) restrict the entry or transit of senior 
members of the Government of Sudan and their 
families through each such member state; and 
(D) deny permission for any aircraft reg-
istered in Sudan to take off from, land in, or 
overfly each such member state; and 
(3) urge member states of the United Nations 
to cease selling arms to the Government of Sudan, 
including by—
(A) taking the necessary measures to pre-
vent the sale or supply to armed elements act-
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ing within the territory of Sudan, including the 
Government of Sudan, the Janjaweed and the 
Popular Defense Forces, by the nationals of 
such member states, from the territories of 
such member states, or through the use of flag 
vessels or aircraft of such member states, of 
arms and related materiel of all types, including 
weapons and ammunition, military vehicles and 
equipment, paramilitary equipment, and spare 
parts, as well as technical training or assistance 
related to the provision, manufacture, mainte-
nance or use of such items, whether or not orig-
inating in the territories of such member states; 
and 
(B) ensuring that the measures imposed in 
subparagraph (A) shall not apply to—
(i) supplies and related technical 
training and assistance to monitoring, 
verification, or peace support operations, 
including such operations led by regional 
organizations, that are authorized by the 
United Nations or are operating with the 
consent of the relevant parties; 
(ii) supplies of non-lethal military 
equipment intended solely for humani-
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tarian, human rights monitoring or protec-
tive use, and related technical training and 
assistance; and 
(iii) supplies of protective clothing, in-
cluding flak jackets and military helmets, 
for the personal use of United Nations or 
African Union personnel, human rights 
monitors, representatives of the media and 
humanitarian and development workers 
and associated personnel. 
SEC. 9. REPORT ON UNITED STATES RESPONSE TO A COM-
PREHENSIVE 
PEACE 
AGREEMENT 
FOR 
SUDAN. 
(a) REPORT.—Not later than 60 days after the date 
of enactment of this Act, the President shall transmit to 
the appropriate congressional committees a report on the 
planned United States response to a comprehensive peace 
agreement for Sudan. 
(b) CONTENT.—The report required by subsection 
(a) shall include—
(1) a description of steps taken by the United 
States to respond to a modified peace process be-
tween the Government of Sudan and the SPLM that 
would account for the implementation of peace in all 
regions of Sudan, in particular Darfur;
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(2) a contingency plan for extraordinary hu-
manitarian assistance should the Government of 
Sudan continue to obstruct or delay the inter-
national humanitarian response to the crisis in 
Darfur, Sudan; 
(3) if applicable, a notification and explanation 
of the President’s intention to decline to impose tar-
geted sanctions on the assets and activities of those 
Sudanese government officials and other individuals 
that are involved in carrying out the policy of geno-
cide in the Darfur region, as well as on the assets 
and activities of businesses controlled by the Govern-
ment of Sudan and the National Congress Party; 
and 
(4) if applicable, a notification and explanation 
of the Government of the United States’ intention to 
normalize relations with Sudan, including through 
the lifting of any sanctions, until the Government of 
Sudan agrees to and implements a comprehensive 
peace agreement for all areas of Sudan, including 
Darfur. 
(c) FORM OF REPORT.—The report required by sub-
section (a) may be transmitted in classified form.
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SEC. 10. ADDITIONAL AUTHORITIES; EXCEPTION TO EX-
PORT PROHIBITIONS. 
(a) ADDITIONAL
AUTHORITIES.—Notwithstanding 
any other provision of law, the President is authorized to 
undertake appropriate programs using Federal agencies, 
grants or contractual arrangements, or direct support of 
indigenous groups, agencies, or organizations in areas out-
side of control of the Government of Sudan in an effort 
to provide emergency relief, promote economic self-suffi-
ciency, build civil authority, provide education, enhance 
rule of law and the development of judicial and legal 
frameworks, support people-to-people reconciliation ef-
forts, or implement any program in support of any viable 
peace agreement at the local, regional, or national level 
in Sudan. 
(b) EXCEPTION TO EXPORT PROHIBITIONS.—Not-
withstanding any other provision of law, the prohibitions 
set forth with respect to Sudan in Executive Order No. 
13067 of November 3, 1997 (62 Fed. Reg. 59989), shall 
not apply to any export from an area in Sudan outside 
of the control of the Government of Sudan, or to any nec-
essary transaction directly related to that export, if the 
President determines that the export or related trans-
action, as the case may be, would directly benefit the eco-
nomic development of that area and its people.
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SEC. 11. TECHNICAL AMENDMENT. 
Section 12 of the International Organizations Immu-
nities Act (22 U.S.C. 288f–2) is amended by striking ‘‘Or-
ganization of African Unity’’ and inserting ‘‘African 
Union’’.
Passed the House of Representatives October 7, 
2004. 
Attest: 
JEFF TRANDAHL, 
Clerk.