H.R. 5061House108th Congress (2003-2005)Passed House

Comprehensive Peace in Sudan Act

Introduced September 9, 2004

Legislative Activity

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12 earlier actions
SenateIntro Referral Latest Action

Received in the Senate.

October 8, 2004

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HouseIntro Referral

Introduced in House

September 9, 2004

HouseIntro Referral

Referred to the House Committee on International Relations.

September 9, 2004

HouseCommittee

Referred to the Subcommittee on Africa.

September 9, 2004

HouseCommittee

Forwarded by Subcommittee to Full Committee (Amended).

September 30, 2004

HouseFloor

Mr. Tancredo moved to suspend the rules and pass the bill, as amended.

October 7, 2004 • 2:18 AM

HouseFloor

Considered under suspension of the rules. (consideration: CR H8393-8398)

October 7, 2004 • 2:19 AM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 5061.

October 7, 2004 • 2:19 AM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

October 7, 2004 • 2:33 AM

HouseFloor

Considered as unfinished business. (consideration: CR H8663-8664)

October 7, 2004 • 2:09 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 412 - 3 (Roll no. 508).(text: CR H8393-8395)

October 7, 2004 • 2:17 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 412 - 3 (Roll no. 508). (text: CR H8393-8395)

October 7, 2004 • 2:17 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

October 7, 2004 • 2:17 PM

SenateIntro Referral

Received in the Senate.

October 8, 2004

Floor Debate

18 members

What members said about H.R. 5061 on the floor

9 Republicans9 Democrats
Thomas G. Tancredo
Rep. Thomas G. TancredoR-CO-6 · Nov 19, 2004

Mr. Speaker, I move to suspend the rules and pass the Senate bill (S. 2781) to express the sense of Congress regarding the conflict in Darfur, Sudan, to provide assistance for the crisis in Darfur…

Christopher H. Smith
Rep. Christopher H. SmithR-NJ-4 · Sep 22, 2004

Mr. Speaker, I move to suspend the rules and concur in the Senate concurrent resolution (S. Con. Res. 137) calling for the suspension of Sudan's membership on the United Nations Commission on Human…

Spencer Bachus
Rep. Spencer BachusR-AL-6 · Sep 22, 2004

Mr. Speaker, I thank the gentleman for yielding me time. I too want to commend the gentleman from New Jersey (Mr. Payne). As the gentleman knows, I have been a member of this Congress since 1992; and…

Donald M. Payne
Rep. Donald M. PayneD-NJ-10 · Sep 22, 2004

Mr. Speaker, I rise in strong support of this resolution, and I yield myself such time as I may consume. Mr. Speaker, I would first like to commend our colleagues in the Senate for passing this…

Donald M. Payne
Rep. Donald M. PayneD-NJ-10 · Nov 19, 2004

Mr. Speaker, I rise today in strong support of S. 2781, the Comprehensive Peace in Sudan Act. The bill is a result of weeks of negotiations between House and Senate cosponsors. First of all, this…

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Donald M. Payne
Rep. Donald M. PayneD-NJ-10 · Oct 6, 2004

Mr. Speaker, I yield myself such time as I may consume. I rise in strong support of H.R. 5061. Mr. Speaker, let me thank the gentleman from Illinois (Chairman Hyde) and the gentleman from California…

James A. Leach
Rep. James A. LeachR-IA-2 · Oct 11, 2004

Mr. Speaker, since February 2003, over 50,000 deaths have occurred during the conflict in Darfur. The execution of civilians, mass rapes, and the raiding and burning of villages which characterize…

Michael M. Honda
Rep. Michael M. HondaD-CA-15 · Oct 6, 2004

Mr. Speaker, I rise in support of H.R. 5061, the Comprehensive Peace in Sudan Act, which seeks to provide humanitarian assistance for the current crisis in the Darfur region of Sudan and to…

Edward R. Royce
Rep. Edward R. RoyceR-CA-40 · Nov 19, 2004

Mr. Speaker, I thank the gentleman for yielding me this time. I just want to indicate the sheer magnitude of the horror of what is unfolding in Sudan as we speak. Because what is occurring there is a…

Tom Lantos
Rep. Tom LantosD-CA-12 · Nov 19, 2004

Mr. Speaker, I yield myself such time as I may consume, and I rise in strong support of this bill. First, I would like to thank my colleagues, the gentleman from Colorado (Mr. Tancredo) and the…

Gregory W. Meeks
Rep. Gregory W. MeeksD-NY-6 · Sep 22, 2004

Mr. Speaker, let me just say thanks to the gentleman from New Jersey (Mr. Payne), to the gentleman from Virginia (Mr. Wolf) and the gentleman from New York (Mr. McHugh) for the fine work that they…

Frank R. Wolf
Rep. Frank R. WolfR-VA-10 · Sep 22, 2004

Mr. Speaker, I thank the gentleman for yielding me this time, and I thank the gentleman from New Jersey (Mr. Payne) for his faithfulness and his leadership on this issue. I share his statement, and I…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Sep 22, 2004

Mr. Speaker, I thank my friend, the gentleman from New Jersey (Mr. Payne), for yielding me time. I want to join the gentleman from Virginia (Mr. Wolf) and the gentleman from New York (Mr. McHugh) and…

Show 11 more
Earl Blumenauer
Rep. Earl BlumenauerD-OR-3 · Nov 19, 2004

Mr. Speaker, I appreciate the gentleman yielding me this time, and I applaud the sponsors, the gentleman from Colorado (Mr. Tancredo), the distinguished chairman of the Subcommittee on Africa, the…

Thomas G. Tancredo
Rep. Thomas G. TancredoR-CO-6 · Oct 6, 2004

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5061) to provide assistance for the current crisis in the Darfur region of Sudan and to facilitate a comprehensive peace in Sudan, as…

Frank R. Wolf
Rep. Frank R. WolfR-VA-10 · Oct 11, 2004

Mr. Speaker, I rise in strong support of H.R. 5061 and urge all members to vote for this important legislation. I would like to thank Representative Tom Tancredo for introducing this important…

Ron Paul
Rep. Ron PaulR-TX-14 · Nov 19, 2004

Mr. Speaker, I rise in strong opposition to this ill- conceived, counter-productive legislation. This represents exactly the kind of unconstitutional interventionism the Founding Fathers warned us…

Frank R. Wolf
Rep. Frank R. WolfR-VA-10 · Nov 19, 2004

Mr. Speaker, I thank the gentleman from Colorado (Mr. Tancredo) and his staff for this bill. I also thank the gentleman from New Jersey (Mr. Payne) for his efforts, the gentleman from California (Mr.…

Henry J. Hyde
Rep. Henry J. HydeR-IL-6 · Oct 6, 2004

Mr. Speaker, I submit for inclusion in the Congressional Record an exchange of letters between Chairman Thomas of the Ways and Means Committee and me as Chairman of the International Relations…

Thomas H. Allen
Rep. Thomas H. AllenD-ME-1 · Nov 19, 2004

I thank the gentleman for yielding me this time. Mr. Speaker, I rise in support of the Comprehensive Peace in Sudan Act. Despite the increase in world attention toward Sudan in the past months, the…

Charles B. Rangel
Rep. Charles B. RangelD-NY-15 · Nov 19, 2004

Mr. Speaker, by now we are all aware of the ongoing crisis in Darfur, Sudan. The United Nations and U.S. officials have both asserted that the situation there is currently the worst humanitarian and…

John M. McHugh
Rep. John M. McHughR-NY-23 · Sep 22, 2004

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on the Senate concurrent resolution…

James R. Langevin
Rep. James R. LangevinD-RI-2 · Sep 22, 2004

Mr. Speaker, as a member of the Congressional Human Rights Caucus, I am pleased to support the resolution before us today and to add my voice to those speaking out against the brutality the world is…

Earl Blumenauer
Rep. Earl BlumenauerD-OR-3 · Oct 6, 2004

Mr. Speaker, the good news is that Congress is again showing bi-partisan leadership in addressing the ongoing genocide in Darfur. The bad news is that there is much more to be done. I thank my…

Bill Text

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Received in SenateIssued October 8, 2004
        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5061 Received in Senate (RDS)]

2d Session
H. R. 5061

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

October 8, 2004

Received

_______________________________________________________________________

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 Representatives 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 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) 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 ``Government 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 southern 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-Governmental
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,
security 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,
including the Sudan Liberation Army (SLA) and the Justice and
Equality Movement (JEM), began in the Darfur region of western
Sudan.
(5) Evidence collected by international observers in the
Darfur region between February 2003 and September 2004 indicate
a coordinated effort to target African Sudanese civilians in a
scorched earth policy, similar to that which was employed in
southern Sudan, that has destroyed African Sudanese villages,
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 internally 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 hundreds of ethnically African
villages, including the poisoning of their wells and the
plunder of their crops and cattle upon which the people of such
villages sustain themselves.
(8) The Government of Sudan conducted aerial attack
missions and deadly raids across the international border
between Sudan and Chad in an illegal effort to pursue Sudanese
civilians seeking refuge 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 restricted 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 obstruction 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
continue, 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 humanitarian 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 Foreign Relations of the
Senate: ``When we reviewed the evidence compiled by our team,
along with other information 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 Security 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 international
humanitarian law, as well as other atrocities in the Darfur
region.
(17) On September 18, 2004, the United Nations Security
Council passed Resolution 1564, determining that the Government
of Sudan had failed to meet its obligations under Resolution
1556, calling for a military flight ban in and over the Darfur
region, demanding the names of Janjaweed militiamen disarmed
and arrested for verification, establishing 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
Security Council Resolutions 1556 and 1564.
(18) The African Union's commitment to conflict resolution
and peacekeeping on the continent, and its mandate to prevent
genocide, has led the organization 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 constructive role in
bringing about a political settlement between the Government of
Sudan, the SLA, and the JEM.
(20) Practical implementation of a comprehensive 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 ongoing violence in the Darfur region and by
the Government of Sudan's complicity in the violence.
(21) 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 region of Sudan.
(b) Actions to Address Genocide and the Conflict 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 result 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 cooperate with
international monitors and security forces; and
(D) to expedite the conclusion of a political
agreement to end the conflict in the Darfur region;
(5) the President should impose targeted sanctions 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 implement 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 monitoring team, in order to ensure an
appropriate international response to the crisis in the Darfur
region;
(8) the United States should continue to provide
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 obstructed or denied;
(9) the President should appoint a new Special Presidential
Envoy for Peace in the Sudan to complement and continue the
work of former Senator John C. Danforth, who shall be tasked
with assisting 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 region
from escalating further, including the imposition of targeted
sanctions against those responsible for the atrocities; and
(11) the international community, including African, 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 region; 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
Government 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 paragraph (2) is a certification
transmitted by the President to the appropriate congressional
committees that the Government of Sudan has taken demonstrable
steps to--
``(A) ensure that the armed forces of Sudan and any
associated militias are not committing atrocities or
obstructing human rights monitors or the provision of
humanitarian assistance;
``(B) demobilize and disarm militias supported or
created by the Government of Sudan;
``(C) allow full and unfettered humanitarian
assistance to all regions of Sudan, including 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 responsible for war
crimes, crimes against humanity, 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
assistance to such Government until the date on which the
President transmits to the appropriate congressional committees
a further certification that the Government of Sudan has
resumed taking such actions.
``(5) Authorization of appropriations.--
``(A) In general.--In addition to any other funds
otherwise available for such purposes, there are
authorized to be appropriated to the President--
``(i) $100,000,000 for each of the fiscal
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 appropriated pursuant
to the authorization of appropriations under
subparagraph (A) are authorized to remain available
until expended.
``(b) Government of Sudan Defined.--In this section, the term
`Government of Sudan' means the National 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 inserting ``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 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.
(b) Suspension of Sanctions.--The President may suspend the
application of subsection (a) if the President transmits to the
appropriate congressional committees a certification in accordance with
paragraph (3) of section 12(a) of the Sudan Peace Act (as added by
section 5(a)(1) of this Act).
(c) Reinstatement of Sanctions.--The President shall reinstate the
sanctions listed in subsection (a) that have been suspended under
subsection (b) if at any time the President determines and certifies to
the appropriate congressional committees that the Government of Sudan
is no longer in compliance with any of the criteria listed in
subparagraphs (A) through (H) of section 12(a)(3) of the Sudan Peace
Act (as added by section 5(a)(1) of this Act).
(d) Waiver.--The President may waive the application of subsection
(a) if the President determines and certifies to the appropriate
congressional committees that such a waiver is in the national interest
of the United States.
(e) Continuation of Restrictions.--Restrictions against the
Government of Sudan that were imposed pursuant to title III and
sections 508, 512, and 527 of the Foreign Operations, Export Financing,
and Related Programs Act, 2004 (division D of Public Law 108-199; 118
Stat. 143), or any other similar provision of law, may not be lifted
pursuant to such provisions of law unless the President transmits a
certification to the appropriate congressional committees in accordance
with paragraph (3) of section 12(a) of the Sudan Peace Act (as added by
section 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 Permanent
Representative to the United Nations, should--
(1) press the United Nations Security Council to pursue
accountability for those who are found responsible 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 Nations 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 registered 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 prevent the
sale or supply to armed elements acting 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, maintenance or use of such
items, whether or not originating 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 humanitarian,
human rights monitoring or protective use, and
related technical training and assistance; and
(iii) supplies of protective clothing,
including 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 COMPREHENSIVE 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 between 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 humanitarian
assistance should the Government of Sudan continue to obstruct
or delay the international humanitarian response to the crisis
in Darfur, Sudan;
(3) if applicable, a notification and explanation of the
President's intention to decline to impose targeted sanctions
on the assets and activities of those Sudanese government
officials and other individuals that are involved in carrying
out 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; 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 subsection (a) may be
transmitted in classified form.

SEC. 10. ADDITIONAL AUTHORITIES; EXCEPTION TO EXPORT 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
outside of control of the Government of Sudan in an effort to provide
emergency relief, promote economic self-sufficiency, build civil
authority, provide education, enhance rule of law and the development
of judicial and legal frameworks, support people-to-people
reconciliation efforts, 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.--Notwithstanding 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 necessary transaction
directly related to that export, if the President determines that the
export or related transaction, as the case may be, would directly
benefit the economic development of that area and its people.

SEC. 11. TECHNICAL AMENDMENT.

Section 12 of the International Organizations Immunities Act (22
U.S.C. 288f-2) is amended by striking ``Organization of African Unity''
and inserting ``African Union''.

Passed the House of Representatives October 7, 2004.

Attest:

JEFF TRANDAHL,

Clerk.