108TH CONGRESS
2D SESSION
H. R. 5061
AN ACT
To provide assistance for the current crisis in the
Darfur region of Sudan and to facilitate a com-
prehensive peace in Sudan.
108TH CONGRESS
2D SESSION
H. R. 5061
AN ACT
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-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:
(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
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.
(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-
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
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
Government of Sudan fail to fully comply with Secu-
rity Council Resolutions 1556 and 1564.
(18) The African Union’s commitment to con-
flict resolution and peacekeeping on the continent,
and its mandate to prevent genocide, has led the or-
ganization to engage in both political and military
action in an effort to end the conflict in the Darfur
region.
(19) The SPLM should seek to play a construc-
tive role in bringing about a political settlement be-
tween the Government of Sudan, the SLA, and the
JEM.
(20) Practical implementation of a comprehen-
sive peace agreement for Sudan, as envisioned in the
Sudan Peace Act (50 U.S.C. 1701 note), and in the
Machakos Protocol of 2002, is hampered by the on-
going violence in the Darfur region and by the Gov-
ernment of Sudan’s complicity in the violence.
(21) The Government of Sudan’s complicity in
the atrocities in the Darfur region raises funda-
mental 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,
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
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-
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
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—
‘‘(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
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.
‘‘(4) SUSPENSION
OF
ASSISTANCE.—If, on a
date after the President transmits the certification
described 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 transmits to the appropriate congres-
sional committees a further certification that the
Government of Sudan has resumed taking such ac-
tions.
‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(A) IN
GENERAL.—In addition to any
other funds otherwise available for such pur-
poses, there are authorized to be appropriated
to the President—
‘‘(i) $100,000,000 for each of the fis-
cal years 2005, 2006, and 2007 to carry
out paragraph (1)(A); and
‘‘(ii) $150,000,000 for fiscal year
2005 to carry out paragraph (1)(B).
‘‘(B) 
AVAILABILITY.—Amounts 
appro-
priated pursuant to the authorization of appro-
priations under subparagraph (A) are author-
ized to remain available until expended.
‘‘(b) GOVERNMENT OF SUDAN DEFINED.—In this
section, the term ‘Government of Sudan’ means the Na-
tional Islamic Front government in Khartoum, Sudan, or
any successor government formed on or after the date of
the enactment of the Comprehensive Peace in Sudan Act
(other than the coalition government agreed upon in the
Nairobi Declaration on the Final Phase of Peace in the
Sudan).’’.
(2) CONFORMING
AMENDMENT.—Section 3(2)
of such Act is amended by striking ‘‘The’’ and in-
serting ‘‘Except as provided in section 12, the’’.
(b) REPORTING REQUIREMENT.—Section 8 of the
Sudan Peace Act (50 U.S.C. 1701 note) is amended in
the first sentence by striking ‘‘Sudan’’ and inserting
‘‘Sudan, including the conflict in the Darfur region’’.
SEC. 6. SANCTIONS IN SUPPORT OF PEACE IN DARFUR.
(a) SANCTIONS.—Beginning on the date of the enact-
ment 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.
(b) SUSPENSION
OF SANCTIONS.—The President
may suspend the application of subsection (a) if the Presi-
dent transmits to the appropriate congressional commit-
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).
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-
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-
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;
(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.
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.