H. R. 5531—3
SEC. 3. DEFINITIONS.
In this Act:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means the Committee
on International Relations of the House of Representatives
and the Committee on Foreign Relations of the Senate.
(2) GOVERNMENT
OF
SUDAN.—The term ‘‘Government of
Sudan’’ means the National Islamic Front government in Khar-
toum, Sudan.
(3) OLS.—The term ‘‘OLS’’ means the United Nations relief
operation carried out by UNICEF, the World Food Program,
and participating relief organizations known as ‘‘Operation Life-
line Sudan’’.
SEC. 4. CONDEMNATION OF SLAVERY, OTHER HUMAN RIGHTS ABUSES,
AND TACTICS OF THE GOVERNMENT OF SUDAN.
The Congress hereby—
(1) condemns—
(A) violations of human rights on all sides of the conflict
in Sudan;
(B) the Government of Sudan’s overall human rights
record, with regard to both the prosecution of the war
and the denial of basic human and political rights to all
Sudanese;
(C) the ongoing slave trade in Sudan and the role
of the Government of Sudan in abetting and tolerating
the practice;
(D) the Government of Sudan’s use and organization
of ‘‘murahalliin’’ or ‘‘mujahadeen’’, Popular Defense Forces,
and regular Sudanese Army units into organized and
coordinated raiding and slaving parties in Bahr al Ghazal,
the Nuba Mountains, and the Upper Nile and the Blue
Nile regions; and
(E) aerial bombardment of civilian targets that is spon-
sored by the Government of Sudan; and
(2) recognizes that, along with selective bans on air trans-
port relief flights by the Government of Sudan, the use of
raiding and slaving parties is a tool for creating food shortages
and is used as a systematic means to destroy the societies,
culture, and economies of the Dinka, Nuer, and Nuba peoples
in a policy of low-intensity ethnic cleansing.
SEC. 5. ASSISTANCE FOR PEACE AND DEMOCRATIC GOVERNANCE.
(a) ASSISTANCE TO SUDAN.—The President is authorized to pro-
vide increased assistance to the areas of Sudan that are not con-
trolled by the Government of Sudan to prepare the population
for peace and democratic governance, including support for civil
administration, communications infrastructure, education, health,
and agriculture.
(b) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be appropriated
to the President to carry out the activities described in sub-
section (a) of this section $100,000,000 for each of the fiscal
years 2003, 2004, and 2005.
(2) AVAILABILITY.—Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) of this
subsection are authorized to remain available until expended.
H. R. 5531—4
SEC. 6. SUPPORT FOR AN INTERNATIONALLY SANCTIONED PEACE
PROCESS.
(a) FINDINGS.—Congress hereby—
(1) recognizes that—
(A) a single, viable internationally and regionally sanc-
tioned peace process holds the greatest opportunity to pro-
mote a negotiated, peaceful settlement to the war in Sudan;
and
(B) resolution to the conflict in Sudan is best made
through a peace process based on the Declaration of Prin-
ciples reached in Nairobi, Kenya, on July 20, 1994, and
on the Machakos Protocol in July 2002; and
(2) commends the efforts of Special Presidential Envoy,
Senator Danforth and his team in working to assist the parties
to the conflict in Sudan in finding a just, permanent peace
to the conflict in Sudan.
(b) MEASURES OF CERTAIN CONDITIONS NOT MET.—
(1) PRESIDENTIAL DETERMINATION.—
(A) The President shall make a determination and
certify in writing to the appropriate congressional commit-
tees within 6 months after the date of enactment of this
Act, and each 6 months thereafter, that the Government
of Sudan and the Sudan People’s Liberation Movement
are negotiating in good faith and that negotiations should
continue.
(B) If, under subparagraph (A) the President deter-
mines and certifies in writing to the appropriate congres-
sional committees that the Government of Sudan has not
engaged in good faith negotiations to achieve a permanent,
just, and equitable peace agreement, or has unreasonably
interfered with humanitarian efforts, then the President,
after consultation with the Congress, shall implement the
measures set forth in paragraph (2).
(C) If, under paragraph (A) the President determines
and certifies in writing to the appropriate congressional
committees that the Sudan People’s Liberation Movement
has not engaged in good faith negotiations to achieve a
permanent, just, and equitable peace agreement, then para-
graph (2) shall not apply to the Government of Sudan.
(D) If the President certifies to the appropriate congres-
sional committees that the Government of Sudan is not
in compliance with the terms of a permanent peace agree-
ment between the Government of Sudan and the Sudan
People’s Liberation Movement, then the President, after
consultation with the Congress, shall implement the meas-
ures set forth in paragraph (2).
(E) If, at any time after the President has made a
certification under subparagraph (B), the President makes
a determination and certifies in writing to the appropriate
congressional committees that the Government of Sudan
has resumed good faith negotiations, or makes a determina-
tion and certifies in writing to the appropriate congres-
sional committees that the Government of Sudan is in
compliance with a peace agreement, then paragraph (2)
shall not apply to the Government of Sudan.
(2) MEASURES IN SUPPORT OF THE PEACE PROCESS.—Subject
to the provisions of paragraph (1), the President—
H. R. 5531—5
(A) shall, through the Secretary of the Treasury,
instruct the United States executive directors to each inter-
national financial institution to continue to vote against
and actively oppose any extension by the respective institu-
tion of any loan, credit, or guarantee to the Government
of Sudan;
(B) should consider downgrading or suspending diplo-
matic relations between the United States and the Govern-
ment of Sudan;
(C) shall take all necessary and appropriate steps,
including through multilateral efforts, to deny the Govern-
ment of Sudan access to oil revenues to ensure that the
Government of Sudan neither directly nor indirectly utilizes
any oil revenues to purchase or acquire military equipment
or to finance any military activities; and
(D) shall seek a United Nations Security Council Reso-
lution to impose an arms embargo on the Government
of Sudan.
(c) REPORT ON THE STATUS OF NEGOTIATIONS.—If, at any time
after the President has made a certification under subsection
(b)(1)(A), the Government of Sudan discontinues negotiations with
the Sudan People’s Liberation Movement for a 14-day period, then
the President shall submit a quarterly report to the appropriate
congressional committees on the status of the peace process until
negotiations resume.
(d) REPORT ON UNITED STATES OPPOSITION TO FINANCING BY
INTERNATIONAL FINANCIAL INSTITUTIONS.—The Secretary of the
Treasury shall submit a semiannual report to the appropriate
congressional committees describing the steps taken by the United
States to oppose the extension of a loan, credit, or guarantee if,
after the Secretary of the Treasury gives the instructions described
in subsection (b)(2)(A), such financing is extended.
(e) REPORT ON EFFORTS TO DENY OIL REVENUES.—Not later
than 45 days after the President takes an action under subsection
(b)(2)(C), the President shall submit to the appropriate congres-
sional committees a comprehensive plan for implementing the
actions described in such subsection.
(f) DEFINITION.—In this section, the term ‘‘international finan-
cial institution’’ means the International Bank for Reconstruction
and Development, the International Development Association, the
International Monetary Fund, the African Development Bank, and
the African Development Fund.
SEC. 7. MULTILATERAL PRESSURE ON COMBATANTS.
It is the sense of Congress that—
(1) the United Nations should help facilitate peace and
recovery in Sudan;
(2) the President, acting through the United States Perma-
nent Representative to the United Nations, should seek to
end the veto power of the Government of Sudan over the
plans by OLS for air transport relief flights and, by doing
so, to end the manipulation of the delivery of relief supplies
to the advantage of the Government of Sudan on the battlefield;
and
(3) the President should take appropriate measures,
including the implementation of recommendations of the Inter-
national Eminent Persons Commission contained in the report
H. R. 5531—6
issued on May 22, 2002, to end slavery and aerial bombardment
of civilians by the Government of Sudan.
SEC. 8. REPORTING REQUIREMENT.
Not later than 6 months after the date of the enactment of
this Act, and annually thereafter, the Secretary of State shall
prepare and submit to the appropriate congressional committees
a report regarding the conflict in Sudan. Such report shall include—
(1) a description of the sources and current status of
Sudan’s financing and construction of infrastructure and pipe-
lines for oil exploitation, the effects of such financing and
construction on the inhabitants of the regions in which the
oil fields are located, and the ability of the Government of
Sudan to finance the war in Sudan with the proceeds of the
oil exploitation;
(2) a description of the extent to which that financing
was secured in the United States or with involvement of United
States citizens;
(3) the best estimates of the extent of aerial bombardment
by the Government of Sudan, including targets, frequency, and
best estimates of damage; and
(4) a description of the extent to which humanitarian relief
has been obstructed or manipulated by the Government of
Sudan or other forces.
SEC. 9. CONTINUED USE OF NON-OLS ORGANIZATIONS FOR RELIEF
EFFORTS.
(a) SENSE OF CONGRESS.—It is the sense of the Congress that
the President should continue to increase the use of non-OLS agen-
cies in the distribution of relief supplies in southern Sudan.
(b) REPORT.—Not later than 90 days after the date of enactment
of this Act, the President shall submit to the appropriate congres-
sional committees a detailed report describing the progress made
toward carrying out subsection (a).
SEC. 10. CONTINGENCY PLAN FOR ANY BAN ON AIR TRANSPORT
RELIEF FLIGHTS.
(a) PLAN.—The President shall develop a contingency plan to
provide, outside the auspices of the United Nations if necessary,
the greatest possible amount of United States Government and
privately donated relief to all affected areas in Sudan, including
the Nuba Mountains and the Upper Nile and the Blue Nile regions,
in the event that the Government of Sudan imposes a total, partial,
or incremental ban on OLS air transport relief flights.
(b) REPROGRAMMING AUTHORITY.—Notwithstanding any other
provision of law, in carrying out the plan developed under subsection
(a), the President may reprogram up to 100 percent of the funds
available for support of OLS operations for the purposes of the
plan.
SEC. 11. INVESTIGATION OF WAR CRIMES.
(a) IN GENERAL.—The Secretary of State shall collect informa-
tion about incidents which may constitute crimes against humanity,
genocide, war crimes, and other violations of international humani-
tarian law by all parties to the conflict in Sudan, including slavery,
rape, and aerial bombardment of civilian targets.
(b) REPORT.—Not later than 6 months after the date of the
enactment of this Act and annually thereafter, the Secretary of