I 
108TH CONGRESS 
2D SESSION 
H. R. 5061
To provide assistance for the current crisis in the Darfur region of Sudan 
and to facilitate a comprehensive peace in Sudan. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 9, 2004
Mr. TANCREDO (for himself, Mr. PITTS, Mr. FRANKS of Arizona, Mr. LAN-
TOS, and Mr. PAYNE) introduced the following bill; which was referred 
to the Committee on International Relations 
A BILL 
To provide assistance for the current crisis in the Darfur 
region of Sudan and to facilitate a comprehensive peace 
in Sudan.
Be it enacted by the Senate and House of Representa-
tives 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’’. 
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 government in Khartoum, Sudan, or any suc-
cessor government formed on or after the date of the 
enactment of this Act (other than the coalition gov-
ernment agreed upon in the Nairobi Declaration on 
the Final Phase of Peace in the Sudan). 
SEC. 3. FINDINGS. 
Congress makes the following findings: 
(1) Since seizing power through a military coup 
in 1989, the Government of Sudan has repeatedly 
attacked and dislocated civilian populations in south-
ern Sudan in a coordinated policy of ethnic cleansing 
that cost the lives of over 2,000,000 people and dis-
placed more than 4,000,000 people.
(2) The Governments of the United States, the 
United Kingdom, and Norway have each 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 the final framework agreement, the 
Nairobi Declaration on the Final Phase of Peace in 
the Sudan, signed on June 6, 2004. 
(4) Despite efforts to negotiate a settlement be-
tween the Government of Sudan and the SPLM, a 
conflict between forces of the Government of Sudan, 
including militia forces backed by the Government, 
and rebel forces (the Sudan Liberation Army (SLA) 
and the Justice and Equality Movement (JEM)) in 
the impoverished Darfur region of western Sudan, 
began in early 2003 and has resulted in attacks by 
ground and air forces of the Government of Sudan
against innocent civilians and undefended villages in 
the region. 
(5) 
The 
United 
Nations 
estimates 
that 
2,200,000 people are conflict-affected in the Darfur 
region and neighboring Chad, 1,200,000 people have 
been internally displaced, 200,000 people have fled 
into Chad, and 50,000 people have been killed. 
(6) The United States Agency for International 
Development projects that the violence and the ob-
struction of the delivery of food, shelter, and medical 
care to people of Darfur will result in the death of 
an estimated 320,000 people between April 1, 2004, 
and December 31, 2004. 
(7) Sudanese Government forces and govern-
ment supported militia forces have also engaged in 
the use of rape as a weapon of war, the abduction 
of children, the destruction of food and water 
sources, and the deliberate and systematic manipula-
tion and denial of humanitarian assistance for the 
people of the Darfur region. 
(8) The United Nations High Commissioner for 
Human Rights identified ‘‘massive human rights vio-
lations in Darfur perpetrated by the Government of 
Sudan and the Janjaweed, which may constitute war 
crimes and/or crimes against humanity’’.
(9) The United Nations Special Rapporteur on 
Extrajudicial, Summary or Arbitrary Executions 
stated in a recent report to the United Nations Sub-
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’’. 
(10) The Department of State, in a press brief-
ing on June 24, 2004, stated, as of the time of the 
briefing: ‘‘301 villages in Darfur have been de-
stroyed and 76 have been damaged. There have been 
crops burned, killed or stolen cattle, and destroyed 
irrigation systems.’’. 
(11) 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. 
(12) On July 22, 2004, the United States 
House of Representatives and Senate both declared
that the atrocities unfolding in Darfur, Sudan are 
genocide. 
(13) On September 9, 2004, Secretary of State 
Colin L. Powell stated before the Senate Committee 
on Foreign Relations: ‘‘When we reviewed the evi-
dence compiled by our team, along with other infor-
mation available to the State Department, we con-
cluded that genocide has been committed in Darfur 
and that the Government of Sudan and the jinjaweid 
bear responsibility—and genocide may still be occur-
ring.’’
(14) 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. 
(15) The cooperation and mediation of the 
SPLM is critical to bringing about a political settle-
ment between the Government of Sudan, the SLA, 
and the JEM. 
(16) Practical implementation of a comprehen-
sive peace agreement for Sudan, as envisioned in the
Sudan Peace Act (50 12 U.S.C. 1701 note), and in 
the Machakos Protocol of 2002, is hampered by the 
ongoing violence in the Darfur region and by the 
Government of Sudan’s complicity in the violence. 
(17) The final framework peace agreement be-
tween the Government of Sudan and the SPLM is 
at great risk of collapse. Since the signing of the 
Nairobi Declaration on the Final Phase of Peace in 
the Sudan, the Government of Sudan has frustrated 
the process of the Inter-Governmental Authority on 
Development by pursuing delay tactics and raising 
new issues in the negotiations. 
(18) Moreover, the Government of Sudan’s 
complicity in the atrocities 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 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, 
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 
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 of 
all 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 carrying out or other-
wise 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 implements 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 humanitarian response to, and the protec-
tion of human life and human rights 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; 
(9) 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 measures 
to prevent the genocide in the Darfur region from 
escalating further, including the imposition of tar-
geted sanctions against those responsible for the 
atrocities; 
(10) in the areas of Sudan to which humani-
tarian access by the United States is obstructed or 
denied, the United States should provide humani-
tarian assistance through nongovernmental organiza-
tions, regardless of opposition to such assistance by 
the Government of Sudan; 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 in the Darfur crisis;
SEC. 5. DISCLOSURE OF BUSINESS ACTIVITIES IN SUDAN. 
(a) ANNUAL REPORT TO CONGRESS.—The Secretary 
of the Treasury shall, not later than 6 months after the 
date of the enactment of this Act, and not later than the 
end of each 1-year period thereafter, submit to the Con-
gress 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). 
SEC. 6. PROHIBITION ON TRADING IN UNITED STATES CAP-
ITAL MARKETS. 
(a) PROHIBITION.—The President shall exercise the 
authorities he has under the International Emergency 
Economic Powers Act (without regard to the requirements
set forth in section 202 of that Act) to prohibit any entity 
engaged in any commercial activity in Sudan—
(1) from raising capital in the United States; or 
(2) from trading its securities (or depository re-
ceipts with respect to its securities) in any capital 
market in the United States. 
(b) PENALTIES.—The penalties under section 206 of 
the International Emergency Economic Powers Act shall 
apply to violations under subsection (a) to the same extent 
as such penalties apply to violations under that Act. 
SEC. 7. SANCTIONS IN SUPPORT OF PEACE IN DARFUR. 
(a) SANCTIONS.—
(1) SUDAN PEACE ACT.—Beginning on the date 
of the 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. 
(2) HOMELAND SECURITY ACT OF 2002.—Be-
ginning on the date of the enactment of this Act, the 
Secretary of State shall, notwithstanding section 
428(b) of the Homeland Security Act of 2002 (6 
U.S.C. 236(b)), prohibit the granting of a visa to—
(A) a senior member of the Government of 
Sudan;
(B) a senior official of the military of 
Sudan; or 
(C) a family member of an individual de-
scribed in subparagraph (A) or (B). 
(b) SUSPENSION
OF SANCTIONS.—The President 
may suspend the application of paragraph (1) or (2) of 
subsection (a), or both, if the President determines and 
certifies to the appropriate congressional committees that 
the Government of Sudan has—
(1) taken demonstrable steps to ensure that the 
armed forces and the militias, known as the 
Janjaweed, are not attacking civilians; 
(2) 
taken 
significant 
demonstrable 
and 
verifiable steps to demobilize and disarm the 
Janjaweed in the Darfur region; 
(3) ceased harassment of aid workers, including 
those who report human rights abuses, and allowed 
unfettered humanitarian access to the Darfur re-
gion; 
(4) fully cooperated with the deployment and 
operation of international monitors and security 
forces, particularly the African Union monitoring 
team, for the Darfur region; 
(5) is taking demonstrable steps to ensure the 
safe return of displaced persons and refugees to
SEC. 8. MULTILATERAL EFFORTS. 
The Secretary of State should direct the United 
States Permanent Representative to the United Nations 
to—
(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, which shall include 
advocating for an ad hoc international criminal tri-
bunal for the prosecution of war crimes, crimes 
against humanity, and genocide; 
(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; 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 the Government of 
Sudan and its mercenaries, including the 
Janjaweed and the Popular Defense Forces, op-
erating in the states of North Darfur, South 
Darfur and West Darfur, 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 for the Government of Sudan and its mer-
cenaries, as well as technical training or assist-
ance related to the provision, manufacture, 
maintenance or use of such items, whether or 
not originating in the territories of such mem-
ber 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-
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 per-
sonnel, human rights monitors, representa-
tives of the media and humanitarian and 
development workers and associated per-
sonnel. 
SEC. 9. 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 to support the implementation 
of a comprehensive peace agreement that applies to 
all regions of Sudan, including the Darfur region, 
and to address the humanitarian and human rights 
crisis in the Darfur region and its impact on eastern 
Chad. 
‘‘(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 submits the cer-
tification described in paragraph (3). 
‘‘(3) CERTIFICATION
FOR
THE
GOVERNMENT 
OF SUDAN.—The certification referred to in para-
graph (2) is a certification submitted 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
monitors or the provision of humanitarian as-
sistance or human rights monitors; 
‘‘(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) implement the Nairobi Declaration on 
the Final Phase of Peace in the Sudan; 
‘‘(G) install a new coalition government 
based on the agreements reached in the Nairobi 
Declaration on the Final Phase of Peace in the 
Sudan; and 
‘‘(H) ensure that the parties to the agree-
ments reached in the Nairobi Declaration on 
the Final Phase of Peace in the Sudan accept
the new coalition government formed as a result 
of the agreement. 
‘‘(4) SUSPENSION
OF
ASSISTANCE.—If, on a 
date after the President submits the certification de-
scribed in paragraph (3), 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 as-
sistance to such Government until the date on which 
the President certifies that the Government of 
Sudan has resumed taking such actions. 
‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(A) IN GENERAL.—There is authorized to 
be appropriated to the President to provide the 
assistance 
described 
in 
paragraph 
(1), 
$450,000,000 for fiscal year 2005, in addition 
to any other funds otherwise available for such 
purpose. Of such amount, $150,000,000 may be 
made available both for humanitarian assist-
ance in the Darfur region of Sudan and eastern 
Chad in response to the ongoing crisis, notwith-
standing any provision of law other than the 
provisions of this section. 
‘‘(B) 
AVAILABILITY.—Amounts 
appro-
priated pursuant to the authorization of appro-