text: 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 
          Foreign Relations of the Senate and the Committee on 
          International Relations of the House of Representatives.
              (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 Sudanese Liberation 
          Army.
  
  SEC. 3. FINDINGS.
  
      Congress makes the following findings:
              (1) 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 in grave jeopardy.
              (2) Since 1989, the Government of Sudan has repeatedly 
          engaged in and sponsored orchestrated campaigns of attacking 
          and dislocating targeted civilian populations, disrupting their 
          ability to sustain themselves, and subsequently restricting 
          assistance to those displaced in a coordinated policy of ethnic 
          cleansing and Arabization that is most recently evident in the 
          Darfur region of Sudan.
              (3) In response to 2 decades of civil conflict in Sudan, 
          the United States has helped to establish an internationally 
          supported peace process to promote a negotiated settlement to 
          the war that has resulted in a framework peace agreement, the 
          Nairobi Declaration on the Final Phase of Peace in the Sudan 
          signed June 5, 2004.
              (4) At the same time that the Government of Sudan was 
          negotiating for a final countrywide peace, enumerated in the 
          Nairobi Declaration on the Final Phase of Peace in the Sudan, 
          it refused to engage in any discussion with regard to its 
          ongoing campaign of ethnic cleansing in the region of Darfur.
              (5) According to United States and United Nations 
          officials, the Government of Sudan has engaged in an 
          orchestrated campaign, with the assistance of its Arab Sudanese 
          proxy militia, the Janjaweed, to cleanse a significant part of 
          the ethnically African population from North Darfur, West 
          Darfur, and South Darfur, Sudan.
              (6) 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''.
              (7) Evidence collected by international observers in the 
          Darfur region between January 2003 and July 2004 indicate a 
          coordinated effort to target African Sudanese civilians in a 
          scorched earth policy, from both air and ground, that has 
          destroyed African Sudanese villages, killing and driving away 
          its people, while Arab Sudanese villages have been left 
          unscathed.
              (8) As a result of this coordinated campaign that may well 
          constitute genocide, reports indicate tens of thousands of 
          African Sudanese civilians killed, the systematic rape of 
          hundreds of women and girls, the destruction of hundreds of 
          Fur, Masalit, and Zaghawa villages and other ethnically African 
          populations, including the poisoning of their wells and the 
          plunder of crops and cattle upon which they sustain themselves.
              (9) According to the United Nations High Commissioner for 
          Refugees, 1,200,000 people have been displaced in the Darfur 
          region of Sudan of whom nearly 200,000 have been forced to flee 
          to Chad as refugees.
              (10) Even as refugees were fleeing Sudan, 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.
              (11) In addition to the thousands of violent deaths 
          directly caused by ongoing Sudanese military and government 
          sponsored Janjaweed attacks in the Darfur region, the 
          Government of Sudan has restricted humanitarian and human 
          rights workers' access to the Darfur area, primarily through 
          bureaucratic and administrative obstruction and delays in an 
          attempt to inflict the most devastating harm on those displaced 
          from their villages and homes without any means of sustenance 
          or shelter.
              (12) The Government of Sudan's continued support for the 
          Janjaweed and their obstruction of the delivery of food, 
          shelter, and medical care to the Darfur region--
                      (A) is estimated to be causing 500 deaths each day; 
                  and
                      (B) is projected to escalate to 1,200 deaths each 
                  day by August 2004, and 2,400 deaths each day by 
                  December 2004, so that even a best-case scenario will 
                  likely result in the death of more than 320,000 people 
                  between April 1, 2004 and December 31, 2004.
              (13) The Government of Chad in N'Djamena served an 
          important role in facilitating the Darfur Humanitarian Cease-
          fire dated April 8, 2004 for the Darfur region between the 
  Government of Sudan and the 2 opposition rebel groups in Darfur (the 
  JEM and the SLA) although both sides have violated it repeatedly.
              (14) The Government and people of Chad have allowed the 
          entry of 200,000 refugees from the Darfur region of Sudan and 
          have generally facilitated the delivery of international 
          humanitarian assistance, although logistical obstacles remain a 
          challenge in a crisis that is taxing the people of eastern Chad 
          and the refugees.
              (15) The cooperation and mediation of the SPLM is critical 
          to bringing about a political settlement between the Government 
          of Sudan, the SLA, and the JEM.
  
  SEC. 4. SENSE OF CONGRESS REGARDING 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 the Conflict.--It is the sense of Congress 
  that--
              (1) a legitimate countrywide peace in Sudan will only be 
          possible if the principles and purpose of the Machakos Protocol 
          of 2002 and the Nairobi Declaration on the Final Phase of Peace 
          in the Sudan signed June 5, 2004, negotiated with the SPLM, 
          should apply to all of Sudan and to all of the people of Sudan, 
          including the Darfur region;
              (2) the parties to the Darfur Humanitarian Cease-fire dated 
          April 8, 2004 (the Government of Sudan, the SLA, and the JEM) 
          must meet their obligations under that agreement to allow safe 
          and immediate access of all humanitarian assistance throughout 
          the Darfur region and must expedite the conclusion of a 
          political agreement to end the conflict in Darfur;
              (3) 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, develop a plan 
          similar to that described in section 10 of the Sudan Peace Act 
          to provide assistance to the areas of Sudan to which United 
          States access has been obstructed or denied;
              (4) 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 in the Darfur 
          crisis;
              (5) the United States Ambassador-at-Large for War Crimes 
          should travel to Chad and the Darfur region immediately to 
          investigate war crimes and crimes against humanity, to develop 
          a more accurate portrayal of the situation on the ground and 
          best inform the report required in section 11(b) of the Sudan 
          Peace Act;
              (6) the United States and the international community 
          should use all necessary means to assist in the immediate 
          deployment of the full mandated African Union contingent of 100 
          monitors and a security force of 300, and work to increase the 
          authorized level to that which properly addresses the gravity 
          and scope of the problem in a region the size of France;
              (7) the President should immediately name a new Special 
          Envoy to Sudan to further efforts begun by John Danforth and to 
          allow the United States to continue to lead the peace effort 
          toward a comprehensive and sustainable peace in Sudan;
              (8) the President should use all means to facilitate a 
          comprehensive solution to the conflict in Sudan, including by 
          directing the United States Permanent Representative to the 
          United Nations to pursue a resolution of the United Nations 
          Security Council that--
                      (A) condemns the actions of the Government of Sudan 
                  in engaging in an orchestrated campaign of ethnic 
                  cleansing in Darfur;
                      (B) calls on the Government of Sudan to cease 
                  support of ethnic cleansing and the killing of innocent 
                  civilians, disarm the Janjaweed militias, prevent such 
                  militias from harassing and killing civilians, and 
                  ensure immediate access for all humanitarian assistance 
                  to all areas of Darfur;
                      (C) calls on all parties to the conflict in the 
                  Darfur region to permit unimpeded delivery of 
                  humanitarian assistance directly to Darfur and to allow 
                  such assistance to cross directly from countries that 
                  border Sudan, and abide by the Darfur Humanitarian 
                  Cease-fire dated April 8, 2004;
                      (D) calls on the Government of Sudan to provide all 
                  assistance possible, including release of its strategic 
                  food reserves to respond to the Darfur crisis;
                      (E) calls on the international community, 
                  particularly those countries with strong economic ties 
                  to Sudan, to expedite the provision of humanitarian 
                  assistance to Darfur;
                      (F) endorses the African Union Observer and 
                  Protection Force now deploying to the Darfur region of 
                  Sudan;
                      (G) establishes an international commission of 
                  inquiry to examine the actions and accountability of 
                  those responsible for war crimes and crimes against 
                  humanity that have precipitated and perpetuated the 
                  humanitarian crisis in the Darfur region; and
                      (H) confirms the right of all displaced Sudanese to 
                  return to their land under safe and secure conditions;
              (9) the United Nations should immediately deploy a United 
          Nations force to Sudan to ensure an appropriate international 
          humanitarian response to the catastrophe in the Darfur region;
              (10) sanctions should be imposed on the assets and 
          activities of those Sudanese government officials and other 
          individuals that are involved in carrying out the policy of 
          ethnic cleansing in the Darfur region; and
              (11) the Government of the United States 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 Darfur.
  
  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 
  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 
          Government of Sudan only if the President submits the 
          certification described in paragraph (3).
              ``(3) Certification for the government of sudan.--The 
          certification referred to in paragraph (2) is a certification 
          submitted 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 or human rights monitors;
                      ``(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 and crimes against humanity; and
                      ``(E) cooperate fully with the African Union and 
                  all other observer and monitoring missions mandated to 
                  operate in Sudan.
              ``(4) Suspension of assistance.--If, on a date after the 
          President submits 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 certifies that the Government of Sudan has resumed 
          taking such actions.
              ``(5) Authorization of appropriations.--
                      ``(A) In general.--There are authorized to be 
                  appropriated to the President to provide the assistance 
                  described in paragraph (1), $300,000,000 for fiscal 
                  year 2005, in addition to any other funds otherwise 
                  available for such purpose. Of such amount, 
                  $200,000,000 may be made available for humanitarian 
                  assistance in the Darfur region of Sudan and eastern 
                  Chad in response to the ongoing crisis, notwithstanding 
                  any provision of law other than the provisions of this 
                  section.
                      ``(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' shall have the same meaning as such term had 
  immediately prior to the conclusion of Darfur Humanitarian Cease-fire 
  dated April 8, 2004.''.
              (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. REQUIREMENT FOR REPORT.
  
      (a) Requirement.--Not later than 60 days after the date of 
  enactment of this Act, the President shall submit 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 the planned United States response to 
          a modified peace process between the Government of Sudan and 
          the SPLM that would account for the implementation of a peace 
          in all regions of Sudan, in particular Darfur; and
              (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.
      (c) Form of Report.--The report required by subsection (a) may be 
  submitted in classified form.
target: Comprehensive Peace in Sudan Act - Expresses the sense of Congress respecting the crisis in the Darfur region of Sudan.
  
  Amends the Sudan Peace Act to authorize the President to assist 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, contingent upon a continuing certification to the appropriate congressional committees that the Government of Sudan is acting to: (1) ensure that the armed forces and militias are not committing atrocities or blocking assistance; (2) demobilize militias; (3) protect civilians, and (4) cooperate with aid workers and the African Union monitoring team.
feat_title: A bill to provide assistance for the crisis in Sudan, and for other purposes.