[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2705 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2705
To provide assistance to Sudan, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 21, 2004
Mr. Biden (for himself and Mr. DeWine) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To provide assistance to Sudan, and for other purposes.
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 for Sudan Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Government of Sudan has engaged in an orchestrated
campaign of genocide in Darfur, Sudan, and has severely
restricted humanitarian and human rights workers' access to
Darfur in an attempt to inflict further harm on the Fur,
Masalit, and Zaghawa people of Darfur and to prevent the
collection of evidence of war crimes and crimes against
humanity.
(2) As a result of this campaign, as many as 30,000 people
have been killed, more than 1,000,000 people have been
displaced within Sudan, and approximately 200,000 have been
made refugees in Chad.
(3) As many as 320,000 people may die unless humanitarian
aid is immediately delivered to the affected individuals.
(4) The United Nations High Commissioner for Human Rights
issued a report which ``identified... massive human rights
violations in Darfur perpetrated by the Government of Sudan and
its proxy militia, which may constitute war crimes and/or
crimes against humanity''.
(5) The Government of Chad, under President Idriss Deby,
has served an important role in facilitating a renewable
``humanitarian cease-fire'' between the Government of Sudan and
the two rebel groups challenging that Government in Darfur, the
Justice and Equality Movement and the Sudan Liberation
Movement, and has been a crucial partner in permitting
humanitarian assistance to reach refugees who have crossed from
Darfur to Chad in the tens of thousands.
(6) The cooperation and mediation of the SPLM is critical
to bringing about a political settlement between the
Government, the Sudanese Liberation Army, and the Justice and
Equality Movement.
(7) Practical implementation of a comprehensive peace
agreement between the SPLM and the Government of Sudan is
impossible without the implementation of a peace agreement for
Darfur.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives.
(2) SPLM.--The term ``SPLM'' means the Sudan People's
Liberation Movement.
SEC. 4. SENSE OF CONGRESS REGARDING ACTIONS TO ADDRESS THE CONFLICT IN
DARFUR.
It is the sense of Congress that--
(1) the United Nations Security Council should immediately
pass a resolution--
(A) condemning the actions of the Government of
Sudan in Darfur; and
(B) setting out specific actions that such
Government must take to avoid the reimposition of
sanctions;
(2) the United States Ambassador at Large for War Crimes
should travel to the region to investigate allegations of war
crimes, crimes against humanity, and genocide brought against
the Government of Sudan;
(3) the President should immediately name a new Special
Envoy to Sudan whose responsibilities include support for
conflict mitigation throughout Sudan;
(4) the SPLM should take advantage of the opportunity
afforded by the May 26, 2004, signing of the three protocols to
help broker a political settlement to the conflict in Darfur;
(5) restrictions pursuant to Executive Order 13067 (50
U.S.C. 1701 note) should not be lifted unless there is peace in
Darfur; and
(6) upon implementation of a peace agreement in Darfur, the
signing of a comprehensive peace agreement between the SPLM and
the Government of Sudan, and full cooperation from the
Government of Sudan on the war against terrorism, the
Government of the United States should immediately begin
discussions of the necessary steps to normalize relations with
Sudan, including the lifting of all economic and political
sanctions.
SEC. 5. ASSISTANCE FOR SUDAN.
(a) Humanitarian Assistance for Chad and Darfur.--The President is
authorized to provide $200,000,000 in fiscal year 2005 in assistance to
meet the humanitarian crisis in Chad and Darfur pursuant to section 491
of the Foreign Assistance Act of 1961 (22 U.S.C. 2292) and section 2 of
the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601) to
provide shelter, health, water and sanitation, protection of vulnerable
populations, food, and other appropriate relief items.
(b) Assistance To Support a Comprehensive North-South Peace
Agreement.--Notwithstanding any other provision of law, and subject to
subsection (d), the President is authorized to provide $800,000,000 in
assistance to support a comprehensive North-South peace agreement in
Sudan for purposes including commercial assistance, infrastructure
rehabilitation, disarmament and demobilization of fighters, and
training and technical assistance to integrate members of the SPLM into
the interim Government of Sudan.
(c) Certification.--The President shall submit a certification to
the appropriate congressional committees not later than 180 days after
the date of enactment of this Act, and every 180 days thereafter, that
the Government of Sudan has--
(1) ensured 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 Darfur;
(3) ceased harassment of aid workers, including those who
report human rights abuses, and allowed unfettered humanitarian
access to Darfur; and
(4) fully cooperated with the deployment and operation of
the African Union monitoring team for Darfur.
(d) Prohibition and Suspension of Assistance.--
(1) Prohibition.--If the President does not submit the
certification described in subsection (c) then the President
may not provide the assistance authorized in subsection (b).
(2) Suspension.--If, on a date after the President submits
the certification described in subsection (c), the President
determines such Government has ceased taking such actions, the
President shall immediately suspend the provision of the assistance
authorized in subsection (b) until the date on which the President
certifies that such Government has resumed taking such actions.
SEC. 6. SANCTIONS IN SUPPORT OF PEACE IN DARFUR.
(a) Measures and Sanctions in Support of Peace.--On the date that
is 120 days after the date of enactment of this Act, if the President
has not submitted the certification described in subsection (c)(1)--
(1) the President shall implement the measures set forth in
section 6(b)(2) of the Sudan Peace Act (50 U.S.C. 1701 note);
and
(2) notwithstanding section 428(b) of the Homeland Security
Act of 2002 (6 U.S.C. 236(b)), the Secretary of State shall
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 described in
subparagraph (A) or (B).
(b) 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 Appropriations Act, 2004 (Division D of Public Law
108-199; 118 Stat. 143) shall remain in place until the President makes
the certification described in subsection (c)(1).
(c) Certification.--The certification referred to in subsections
(a) and (b) is a certification submitted by the President to the
appropriate congressional committees not later than 30 days after the
date of enactment of this Act, and every 90 days thereafter, that--
(A) the armed forces of the Government of Sudan and
militias allied with such Government have not attacked
civilians in Sudan since the date of enactment of this
Act; and
(B) the Government of Sudan is allowing unfettered
humanitarian access to people in Darfur.
SEC. 7. MULTILATERAL EFFORTS.
The Secretary of State shall direct the United States Permanent
Representative to the United Nations to pursue a Security Council
Resolution that condemns the Government of Sudan for its actions in
Darfur and calls for--
(1) accountability for those who are found responsible for
orchestrating and carrying out the atrocities in Darfur; and
(2) 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;
(D) deny permission for any aircraft registered in
Sudan to take off from, land in, or overfly each such
member state; and
(E) cease selling arms to the Government of Sudan.
SEC. 8. REPORTING REQUIREMENTS.
Not later than 30 days after the date of enactment of this Act, the
President shall submit to the appropriate congressional committees a
report that includes--
(1) plans for and resources needed to assist with the
reconstruction of Sudan to support a comprehensive peace
agreement between the Government of Sudan and the SPLM,
including a description of the effect that the crisis in Darfur
will have on the resources needed;
(2) contingency plans for the delivery of humanitarian
assistance through nonmilitary means should the Government of
Sudan continue to obstruct or delay the international
humanitarian response for the 2,000,000 Sudanese civilians
declared vulnerable in Darfur;
(3) an assessment of the United States military personnel,
platforms, equipment, and their associated costs required
(should other efforts fail) to--
(A) deliver humanitarian assistance to Darfur; or
(B) provide security for the delivery of
humanitarian assistance; and
(4) a strategy for providing medical and psycho-social
assistance to victims of torture and sexual violence in Darfur.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to the
President--
(1) for fiscal year 2005, $200,000,000 to carry out the
activities described in section 5(a); and
(2) for fiscal years 2005 through 2008, a total of
$800,000,000 to carry out the activities described in section
5(b).
(b) Reduction of Available Funds.--The amount authorized to be
appropriated under subsection (a)(2) shall be reduced by $50,000,000
180 days after the date of enactment of this Act if the President has
not made the certification described in section 5(c) by the end of that
180-day period, and shall be reduced by an additional $50,000,000 at
the end of each 180-day period thereafter that has ended before the
President has made such certification.
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