U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

For sale by the Superintendent of Documents, U.S. Government Printing Office

Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800

Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001

26–439PDF 2006

THE DARFUR PEACE AND ACCOUNTABILITY ACT

MARKUP

BEFORE THE

COMMITTEE ON 

INTERNATIONAL RELATIONS 

HOUSE OF REPRESENTATIVES

ONE HUNDRED NINTH CONGRESS

SECOND SESSION

ON

H.R. 3127

MARCH 8, 2006

Serial No. 109–160

Printed for the use of the Committee on International Relations

(

Available via the World Wide Web: http://www.house.gov/international—relations 

(II)

COMMITTEE ON INTERNATIONAL RELATIONS 

HENRY J. HYDE, Illinois, Chairman 

JAMES A. LEACH, Iowa 

CHRISTOPHER H. SMITH, New Jersey, 

Vice Chairman 

DAN BURTON, Indiana 

ELTON GALLEGLY, California 

ILEANA ROS-LEHTINEN, Florida 

DANA ROHRABACHER, California 

EDWARD R. ROYCE, California 

PETER T. KING, New York 

STEVE CHABOT, Ohio 

THOMAS G. TANCREDO, Colorado 

RON PAUL, Texas 

DARRELL ISSA, California 

JEFF FLAKE, Arizona 

JO ANN DAVIS, Virginia 

MARK GREEN, Wisconsin 

JERRY WELLER, Illinois 

MIKE PENCE, Indiana 

THADDEUS G. MCCOTTER, Michigan 

KATHERINE HARRIS, Florida 

JOE WILSON, South Carolina 

JOHN BOOZMAN, Arkansas 

J. GRESHAM BARRETT, South Carolina 

CONNIE MACK, Florida 

JEFF FORTENBERRY, Nebraska 

MICHAEL MCCAUL, Texas 

TED POE, Texas 

TOM LANTOS, California 

HOWARD L. BERMAN, California 

GARY L. ACKERMAN, New York 

ENI F.H. FALEOMAVAEGA, American 

Samoa 

DONALD M. PAYNE, New Jersey 

SHERROD BROWN, Ohio 

BRAD SHERMAN, California 

ROBERT WEXLER, Florida 

ELIOT L. ENGEL, New York 

WILLIAM D. DELAHUNT, Massachusetts 

GREGORY W. MEEKS, New York 

BARBARA LEE, California 

JOSEPH CROWLEY, New York 

EARL BLUMENAUER, Oregon 

SHELLEY BERKLEY, Nevada 

GRACE F. NAPOLITANO, California 

ADAM B. SCHIFF, California 

DIANE E. WATSON, California 

ADAM SMITH, Washington 

BETTY MCCOLLUM, Minnesota 

BEN CHANDLER, Kentucky 

DENNIS A. CARDOZA, California 

RUSS CARNAHAN, Missouri 

THOMAS E. MOONEY, SR., Staff Director/General Counsel 

ROBERT R. KING, Democratic Staff Director 

DANIEL FREEMAN, Counsel/Parliamentarian 

JEAN CARROLL, Full Committee Hearing Coordinator 

(III)

C O N T E N T S 

Page

MARKUP OF 

H.R. 3127, To impose sanctions against individuals responsible for genocide, 

war crimes, and crimes against humanity, to support measures for the 

protection of civilians and humanitarian operations, and to support peace 

efforts in the Darfur region of Sudan, and for other purposes ......................... 2

Amendment in the Nature of a Substitute to H.R. 3127 offered by the 

Honorable Henry J. Hyde, a Representative in Congress from the State 

of Illinois, and Chairman, Committee on International Relations ............... 23

LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE RECORD 

The Honorable Henry J. Hyde, a Representative in Congress from the State 

of Illinois, and Chairman, Committee on International Relations: Prepared 

statement .............................................................................................................. 50

The Honorable Christopher H. Smith, a Representative in Congress from 

the State of New Jersey and Vice Chairman, Committee on International 

Relations: Prepared statement ............................................................................ 53

APPENDIX 

The Honorable Gregory W. Meeks, a Representative in Congress from the 

State of New York: Prepared statement ............................................................ 55

(1)

THE DARFUR PEACE AND ACCOUNTABILITY 

ACT 

WEDNESDAY, MARCH 8, 2006

HOUSE OF REPRESENTATIVES, 

COMMITTEE ON INTERNATIONAL RELATIONS, 

Washington, DC. 

The Committee met, pursuant to notice, at 10:13 a.m. in room 

2172, Rayburn House Office Building, Hon. Henry J. Hyde (Chairman of the Committee) presiding. 

Chairman HYDE. The Committee will come to order. Pursuant to 

notice, I call up the bill, H.R. 3127, The Darfur Peace and Accountability Act, for purposes of markup and move its favorable recommendation to the House. Without objection, the bill will be considered as read, and the amendment in the nature of a substitute, 

which all of the Members have before them, will be considered as 

read and adopted. 

[The information referred to follows:]

2

1

I

109TH CONGRESS

1ST SESSION H. R. 3127

To impose sanctions against individuals responsible for genocide, war crimes,

and crimes against humanity, to support measures for the protection

of civilians and humanitarian operations, and to support peace efforts

in the Darfur region of Sudan, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 30, 2005

Mr. HYDE (for himself, Mr. PAYNE, Mr. SMITH of New Jersey, Mr. LANTOS,

Mr. ROYCE, Mr. TANCREDO, Mr. WOLF, Ms. JACKSON-LEE of Texas, Mr.

RANGEL, and Mr. CAPUANO) introduced the following bill; which was referred to the Committee on International Relations

A BILL

To impose sanctions against individuals responsible for genocide, war crimes, and crimes against humanity, to support measures for the protection of civilians and humanitarian operations, and to support peace efforts in the

Darfur region of Sudan, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Darfur Peace and Ac5 countability Act of 2005’’.


26439a.AAB
3

2

•HR 3127 IH

1 SEC. 2. DEFINITIONS.

2 In this Act:

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means the Committee on International Re6 lations of the House of Representatives and the

7 Committee on Foreign Relations of the Senate.

8 (2) GOVERNMENT OF SUDAN.—

9 (A) IN GENERAL.—The term ‘‘Government

10 of Sudan’’ means the National Congress Party,

11 formerly known as the National Islamic Front,

12 government in Khartoum, Sudan, or any suc13 cessor government formed on or after the date

14 of the enactment of this Act (including the coa15 lition National Unity Government agreed upon

16 in the Comprehensive Peace Agreement for

17 Sudan, signed in Nairobi, Kenya on January 9,

18 2005), except that such term does not include

19 the Government of Southern Sudan.

20 (B) OFFICIALS OF THE GOVERNMENT OF

21 SUDAN.—The term ‘‘Government of Sudan’’,

22 when used with respect to an official of the

23 Government of Sudan, does not include an

24 individual—

25 (i) who was not a member of such

26 government prior to July 1, 2005; or


26439a.AAC
4

3

•HR 3127 IH

1 (ii) who is a member of the Govern2 ment of Southern Sudan.

3 (3) SUDAN NORTH-SOUTH PEACE AGREE4 MENT.—The term ‘‘Sudan North-South Peace

5 Agreement’’ means the comprehensive peace agree6 ment signed by the Government of Sudan and the

7 Sudan People’s Liberation Movement/Army (SPLM/

8 A) in Nairobi, Kenya, on January 9, 2005.

9 SEC. 3. FINDINGS.

10 Congress makes the following findings:

11 (1) On July 22, 2004, the House of Represent12 atives and the Senate declared that the atrocities oc13 curring in the Darfur region of Sudan are genocide.

14 (2) On September 9, 2004, Secretary of State

15 Colin L. Powell stated before the Committee on For16 eign Relations of the Senate, ‘‘[w]hen we reviewed

17 the evidence compiled by our team, along with other

18 information available to the State Department, we

19 concluded that genocide has been committed in

20 Darfur and that the Government of Sudan and the

21 [Janjaweed] bear responsibility—and genocide may

22 still be occurring’’.

23 (3) On September 21, 2004, in an address be24 fore the United Nations General Assembly, Presi25 dent George W. Bush affirmed the Secretary of


26439a.AAD
5

4

•HR 3127 IH

1 State’s finding and stated,‘‘[a]t this hour, the world

2 is witnessing terrible suffering and horrible crimes in

3 the Darfur region of Sudan, crimes my government

4 has concluded are genocide’’.

5 (4) On July 30, 2004, the United Nations Se6 curity Council passed Security Council Resolution

7 1556, calling upon the Government of Sudan to dis8 arm the Janjaweed militias and to apprehend and

9 bring to justice Janjaweed leaders and their associ10 ates who have incited and carried out violations of

11 human rights and international humanitarian law,

12 and establishing a ban on the sale or supply of arms

13 and related materiel of all types, including the provi14 sion of related technical training or assistance, to all

15 nongovernmental entities and individuals, including

16 the Janjaweed.

17 (5) On September 18, 2004, the United Na18 tions Security Council passed Security Council Reso19 lution 1564, determining that the Government of

20 Sudan had failed to meet its obligations under Secu21 rity Council Resolution 1556, calling for a military

22 flight ban in and over the Darfur region, demanding

23 the names of Janjaweed militiamen disarmed and

24 arrested for verification, establishing an Inter25 national Commission of Inquiry on Darfur to invesVerDate Mar 21 2002 12:08 Jun 27, 2006 Jkt 000000 PO 00000 Frm 00009 Fmt 6633 Sfmt 6633 F:\WORK\FULL\030806M\26439.000 HINTREL1 PsN: SHIRL

26439a.AAE
6

5

•HR 3127 IH

1 tigate violations of international humanitarian and

2 human rights laws, and threatening sanctions should

3 the Government of Sudan fail to fully comply with

4 Security Council Resolutions 1556 and 1564, includ5 ing such actions as to affect Sudan’s petroleum sec6 tor or individual members of the Government of

7 Sudan.

8 (6) On February 1, 2005, the United Nations

9 released the Report of the International Commission

10 of Inquiry on Darfur, which had been submitted to

11 the United Nations Secretary-General on January

12 25, 2005.

13 (7) The Report of the International Commis14 sion of Inquiry on Darfur established that the ‘‘Gov15 ernment of the Sudan and the Janjaweed are re16 sponsible for serious violations of international

17 human rights and humanitarian law amounting to

18 crimes under international law,’’ that ‘‘these acts

19 were conducted on a widespread and systematic

20 basis, and therefore may amount to crimes against

21 humanity,’’ and that Sudanese officials and other in22 dividuals may have acted with ‘‘genocidal intent’’.

23 (8) The Report of the International Commis24 sion of Inquiry on Darfur further notes that, pursu25 ant to its mandate and in the course of its work, the


26439a.AAF
7

6

•HR 3127 IH

1 Commission had collected information relating to in2 dividual perpetrators of acts constituting ‘‘violations

3 of international human rights law and international

4 humanitarian law, including crimes against human5 ity and war crimes’’ and that a sealed file containing

6 the names of those individual perpetrators had been

7 delivered to the United Nations Secretary-General.

8 (9) On March 24, 2005, the United Nations Se9 curity Council passed Security Council Resolution

10 1590, establishing the United Nations Mission in

11 Sudan (UNMIS), consisting of up to 10,000 military

12 personnel and 715 civilian police and tasked with

13 supporting implementation of the Sudan North14 South Peace Agreement and ‘‘closely and continu15 ously liais[ing] and coordinat[ing] at all levels with

16 the African Union Mission in Sudan (AMIS) with a

17 view towards expeditiously reinforcing the effort to

18 foster peace in Darfur’’.

19 (10) On March 29, 2005, the United Nations

20 Security Council passed Security Council Resolution

21 1591, extending the military embargo established by

22 Security Council Resolution 1556 to all the parties

23 to the N’djamena Ceasefire Agreement and any

24 other belligerents in the states of North Darfur,

25 South Darfur, and West Darfur, calling for an asset


26439a.AAG
8

7

•HR 3127 IH

1 freeze and travel ban against those individuals who

2 impede the peace process, constitute a threat to sta3 bility in Darfur and the region, commit violations of

4 international humanitarian or human rights law or

5 other atrocities, or violate the military embargo, and

6 establishing a Panel of Experts to assist in moni7 toring compliance with Security Council Resolutions

8 1556 and 1591.

9 (11) On March 31, 2005, the United Nations

10 Security Council passed Security Council Resolution

11 1593, referring the situation in Darfur since July 1,

12 2002, to the prosecutor of the International Crimi13 nal Court and calling on the Government of Sudan

14 and all parties to the conflict to cooperate fully with

15 the Court, while recognizing that ‘‘[s]tates not party

16 to the Rome Statute have no obligation under the

17 [S]tatute’’.

18 SEC. 4. SENSE OF CONGRESS.

19 It is the sense of Congress that—

20 (1) the atrocities unfolding in the Darfur region

21 of Sudan have been and continue to be genocide;

22 (2) the African Union should rapidly expand

23 the size and amend the mandate of the African

24 Union Mission in Sudan (AMIS) to authorize such

25 action as may be necessary to protect civilians and


26439a.AAH
9

8

•HR 3127 IH

1 humanitarian operations, and deter violence in the

2 Darfur region without delay;

3 (3) the international community, including the

4 United Nations, the North Atlantic Treaty Organi5 zation (NATO), the European Union, and the

6 United States, should immediately act to mobilize

7 sufficient political, military, and financial resources

8 to support the expansion of the African Union Mis9 sion in Sudan so that it achieves the size, strength,

10 and capacity necessary for protecting civilians and

11 humanitarian operations, and ending the continued

12 violence in the Darfur region;

13 (4) if an expanded and reinforced African

14 Union Mission in Sudan fails to stop genocide in the

15 Darfur region, the international community should

16 take additional, dispositive measures to prevent and

17 suppress acts of genocide in the Darfur region;

18 (5) acting under Article 5 of the Charter of the

19 United Nations, the United Nations Security Coun20 cil should call for suspension of the Government of

21 Sudan’s rights and privileges of membership by the

22 General Assembly until such time as the Govern23 ment of Sudan has honored pledges to cease attacks

24 upon civilians, demobilize the Janjaweed and associ25 ated militias, and grant free and unfettered access


26439a.AAI
10

9

•HR 3127 IH

1 for deliveries of humanitarian assistance in the

2 Darfur region;

3 (6) pursuant to the adoption of resolutions on

4 July 22, 2004, by both the House of Representatives

5 and the Senate, and the declaration on September 9,

6 2004, by former Secretary of State Colin Powell

7 that the atrocities unfolding in Darfur, Sudan, are

8 genocide, and notwithstanding the American

9 Servicemembers’ Protection Act of 2002 (title II of

10 the 2002 Public Law 107–206), the United States

11 should render assistance to the efforts of the Inter12 national Criminal Court (ICC) to bring to justice

13 persons accused of genocide, war crimes, or crimes

14 against humanity in Darfur, Sudan, provided that

15 assurances have been received by the United Nations

16 Security Council or the ICC that no current or

17 former United States Government official or em18 ployee (including any contractor), member of the

19 United States Armed Forces, or United States na20 tional will be subject to prosecution by the ICC in

21 connection with those efforts;

22 (7) the United States should not provide assist23 ance to the Government of Sudan, other than assist24 ance necessary for the implementation of the Sudan

25 North-South Peace Agreement, the support of the


26439a.AAJ
11

10

•HR 3127 IH

1 southern regional government in Sudan, or for hu2 manitarian purposes in Sudan, until such time as

3 the Government of Sudan has honored pledges to

4 cease attacks upon civilians, demobilize the

5 Janjaweed and associated militias, and grant free

6 and unfettered access for deliveries of humanitarian

7 assistance in the Darfur region;

8 (8) the President should seek to assist members

9 of the Sudanese diaspora in the United States by es10 tablishing a student loan forgiveness program for

11 those individuals who commit to return to southern

12 Sudan for a period of not less than five years for the

13 purpose of contributing professional skills needed for

14 the reconstruction of southern Sudan;

15 (9) the President should appoint a Presidential

16 Envoy for Sudan to provide stewardship of efforts to

17 implement the Sudan North-South Peace Agree18 ment, seek ways to bring stability and peace to the

19 Darfur region, address instability elsewhere in

20 Sudan and northern Uganda, and pursue a truly

21 comprehensive peace throughout the region;

22 (10) the international community should

23 strongly condemn attacks against humanitarian

24 workers and demand that all armed groups in the

25 Darfur region, including the forces of the GovernVerDate Mar 21 2002 12:08 Jun 27, 2006 Jkt 000000 PO 00000 Frm 00015 Fmt 6633 Sfmt 6633 F:\WORK\FULL\030806M\26439.000 HINTREL1 PsN: SHIRL

26439a.AAK
12

11

•HR 3127 IH

1 ment of Sudan, the Janjaweed, associated militias,

2 the Sudan Liberation Movement/Army (SLM/A), the

3 Justice and Equality Movement (JEM), and all

4 other armed groups to refrain from such attacks;

5 (11) the United States should fully support the

6 Sudan North-South Peace Agreement and urge

7 rapid implementation of its terms; and

8 (12) the Sudan People’s Liberation Movement

9 should seek to play a constructive role in bringing

10 about a political settlement to the crisis in the

11 Darfur region.

12 SEC. 5. SANCTIONS IN SUPPORT OF PEACE IN DARFUR.

13 (a) BLOCKING OF ASSETS AND RESTRICTION ON

14 VISAS.—Section 6 of the Comprehensive Peace in Sudan

15 Act of 2004 (Public Law 108–497; 50 U.S.C. 1701 note)

16 is amended—

17 (1) in the heading of subsection (b), by insert18 ing ‘‘OF APPROPRIATE SENIOR OFFICIALS OF THE

19 SUDANESE GOVERNMENT’’ after ‘‘ASSETS’’;

20 (2) by redesignating subsections (c) through (e)

21 as subsections (d) through (f), respectively; and

22 (3) by inserting after subsection (b) the fol23 lowing new subsection:


26439a.AAL
13

12

•HR 3127 IH

1 ‘‘(c) BLOCKING OF ASSETS AND RESTRICTION ON

2 VISAS OF CERTAIN INDIVIDUALS IDENTIFIED BY THE

3 PRESIDENT.—

4 ‘‘(1) BLOCKING OF ASSETS.—Beginning on the

5 date that is 30 days after the date of the enactment

6 of the Darfur Peace and Accountability Act of 2005,

7 and in the interest of contributing to peace in

8 Sudan, the President shall, consistent with the au9 thorities granted in the International Emergency

10 Economic Powers Act (50 U.S.C. 1701 et seq.),

11 block the assets of any individual who the President

12 determines is responsible, either by commission or

13 omission, for acts of genocide, war crimes, or crimes

14 against humanity in Sudan, including the family

15 members or any associates of such individual to

16 whom assets or property of such individual was

17 transferred on or after July 1, 2002.

18 ‘‘(2) RESTRICTION ON VISAS.—Beginning on

19 the date that is 30 days after the date of the enact20 ment of the Darfur Peace and Accountability Act of

21 2005, and in the interest of contributing to peace in

22 Sudan, the President shall deny visas and entry to

23 any individual who the President determines is re24 sponsible, either by commission or omission, for acts

25 of genocide, war crimes, or crimes against humanity


26439a.AAM
14

13

•HR 3127 IH

1 in Sudan, including the family members or any asso2 ciates of such individual to whom assets or property

3 of such individual was transferred on or after July

4 1, 2002.’’.

5 (b) WAIVER.—Section 6(d) of the Comprehensive

6 Peace in Sudan Act of 2004 (as redesignated by sub7 section (a)) is amended by adding at the end the following

8 new sentence: ‘‘The President may waive the application

9 of paragraph (1) or (2) of subsection (c) with respect to

10 an individual if, prior to exercising the waiver, the Presi11 dent transmits to the appropriate congressional commit12 tees a notification of the waiver which includes the name

13 of the individual and the reasons for the waiver.’’.

14 SEC. 6. ADDITIONAL AUTHORITIES TO DETER AND SUP15 PRESS GENOCIDE IN DARFUR.

16 (a) UNITED STATES ASSISTANCE TO SUPPORT

17 AMIS.—Section 7 of the Comprehensive Peace in Sudan

18 Act of 2004 (Public Law 108–497; 50 U.S.C. 1701 note)

19 is amended—

20 (1) by striking ‘‘Notwithstanding’’ and insert21 ing ‘‘(a) GENERAL ASSISTANCE.—Notwithstanding’’;

22 and

23 (2) by adding at the end the following new sub24 section:


26439a.AAN
15

14

•HR 3127 IH

1 ‘‘(b) ASSISTANCE TO SUPPORT AMIS.—Notwith2 standing any other provision of law, the President is au3 thorized to provide assistance, on such terms and condi4 tions as the President may determine and in consultation

5 with the appropriate congressional committees, to rein6 force the deployment and operations of an expanded Afri7 can Union Mission in Sudan (AMIS) with the mandate,

8 size, strength, and capacity to protect civilians and hu9 manitarian operations, stabilize the Darfur region of

10 Sudan and, as necessary, dissuade and deter air attacks

11 directed against civilians and humanitarian workers, in12 cluding but not limited to providing assistance in the areas

13 of logistics, transport, communications, materiel support,

14 technical assistance, training, command and control, aerial

15 surveillance, and intelligence.’’.

16 (b) NATO ASSISTANCE TO SUPPORT AMIS.—The

17 President shall instruct the United States Permanent

18 Representative to the North Atlantic Treaty Organization

19 (NATO) to use the voice, vote, and influence of the United

20 States at NATO to advocate NATO reinforcement of the

21 African Union Mission in Sudan (AMIS), upon the request

22 of the African Union, including but not limited to the pro23 vision of assets to dissuade and deter offensive air strikes

24 directed against civilians and humanitarian workers in the

25 Darfur region of Sudan and other logistical, transporVerDate Mar 21 2002 12:08 Jun 27, 2006 Jkt 000000 PO 00000 Frm 00019 Fmt 6633 Sfmt 6633 F:\WORK\FULL\030806M\26439.000 HINTREL1 PsN: SHIRL

26439a.AAO
16

15

•HR 3127 IH

1 tation, communications, training, technical assistance,

2 command and control, aerial surveillance, and intelligence

3 support.

4 (c) DENIAL OF ENTRY AT UNITED STATES PORTS

5 TO CERTAIN CARGO SHIPS OR OIL TANKERS.—Section

6 6(b)(2)(C) of the Sudan Peace Act (Public Law 107–245;

7 50 U.S.C. 1701 note) is amended by inserting ‘‘, including

8 by prohibiting the entry at United States ports to cargo

9 ships or oil tankers engaged in business or trade activities

10 in the oil sector of Sudan or involved in the shipment of

11 goods for use by the armed forces of Sudan,’’ after ‘‘access

12 to oil revenues’’.

13 (d) PROHIBITION ON ASSISTANCE TO COUNTRIES IN

14 VIOLATION OF UNITED NATIONS SECURITY COUNCIL

15 RESOLUTIONS 1556 AND 1591.—

16 (1) PROHIBITION.—United States assistance

17 (other than humanitarian assistance) may not be

18 provided to a country that is in violation of the em19 bargo on military assistance with respect Sudan im20 posed pursuant to United Nations Security Council

21 Resolutions 1556 (July 30, 2004) and 1591 (March

22 29, 2005).

23 (2) WAIVER.—The President may waive the ap24 plication of paragraph (1) if the President deter25 mines and certifies to the appropriate congressional


26439a.AAP
17

16

•HR 3127 IH

1 committees that it is in the national interest of the

2 United States to do so.

3 SEC. 7. MULTILATERAL EFFORTS.

4 The President shall direct the United States Perma5 nent Representative to the United Nations to use the voice

6 and vote of the United States to urge the adoption of a

7 resolution by the United Nations Security Council which—

8 (1) supports the expansion of the African Union

9 Mission in Sudan (AMIS) so that it achieves the

10 mandate, size, strength, and capacity needed to pro11 tect civilians and humanitarian operations, and dis12 suade and deter fighting and violence in the Darfur

13 region of Sudan, and urges member states of the

14 United Nations to accelerate political, material, fi15 nancial, and other assistance to the African Union

16 toward this end;

17 (2) reinforces efforts of the African Union to

18 negotiate peace talks between the Government of

19 Sudan, the Sudan Liberation Movement/Army

20 (SLM/A), the Justice and Equality Movement

21 (JEM), and associated armed groups in the Darfur

22 region, calls on the Government of Sudan, the SLM/

23 A, and the JEM to abide by their obligations under

24 the N’Djamena Ceasefire Agreement of April 8,

25 2004 and subsequent agreements, urges all parties


26439a.AAQ
18

17

•HR 3127 IH

1 to engage in peace talks without preconditions and

2 seek to resolve the conflict, and strongly condemns

3 all attacks against humanitarian workers in the

4 Darfur region;

5 (3) imposes sanctions against the Government

6 of Sudan, including sanctions against individual

7 members of the Government of Sudan, and entities

8 controlled or owned by officials of the Government

9 of Sudan or the National Congress Party in Sudan;

10 (4) calls upon those member states of the

11 United Nations that continue to undermine efforts

12 to foster peace in Sudan by providing military assist13 ance and equipment to the Government of Sudan,

14 the SLM/A, the JEM, and associated armed groups

15 in the Darfur region in violation of the embargo on

16 such assistance and equipment, as called for in

17 United Nations Security Council Resolutions 1556

18 (July 30, 2004) and 1591 (March 29, 2005), to im19 mediately cease and desist; and

20 (5) acting under Article 5 of the Charter of the

21 United Nations, calls for suspension of the Govern22 ment of Sudan’s rights and privileges of membership

23 by the General Assembly until such time as the Gov24 ernment of Sudan has honored pledges to cease at25 tacks upon civilians, demobilize the Janjaweed and


26439a.AAR
19

18

•HR 3127 IH

1 associated militias, and grant free and unfettered ac2 cess for deliveries of humanitarian assistance in the

3 Darfur region.

4 SEC. 8. REPORTS.

5 (a) REPORT ON SANCTIONS IN SUPPORT OF PEACE

6 IN DARFUR.—Section 8 of the Sudan Peace Act (Public

7 Law 107–245; 50 U.S.C. 1701 note) is amended—

8 (1) by redesignating subsection (c) as sub9 section (d); and

10 (2) by inserting after subsection (b) the fol11 lowing new subsection:

12 ‘‘(c) REPORT ON SANCTIONS IN SUPPORT OF PEACE

13 IN DARFUR.—Not later than 30 days after the date of

14 the enactment of the Darfur Peace and Accountability Act

15 of 2005, and in conjunction with reports required under

16 subsections (a) and (b) of this section thereafter, the Sec17 retary of State shall prepare and submit to the appro18 priate congressional committees a report regarding sanc19 tions imposed under subsections (a) through (d) of section

20 6 of the Comprehensive Peace in Sudan Act of 2004,

21 including—

22 ‘‘(1) a description of each sanction imposed

23 under such provisions of law; and

24 ‘‘(2) the name of the individual or entity sub25 ject to the sanction, if applicable.’’.


26439a.AAS
20

19

•HR 3127 IH

1 (b) REPORT ON STABILIZATION IN SUDAN.—Not

2 later than 30 days after the date of enactment of this Act,

3 the Secretary of State shall submit to the appropriate con4 gressional committees a report, to be prepared in conjunc5 tion with the Secretary of Defense, on—

6 (1) efforts to deploy an African Union Mission

7 in Sudan (AMIS) with the size, strength and capac8 ity necessary to stabilize the Darfur region of Sudan

9 and protect civilians and humanitarian operations;

10 (2) the needs of AMIS to ensure success, in11 cluding in the areas of housing, transport, commu12 nications, equipment, technical assistance, training,

13 command and control, intelligence, and such assist14 ance as is necessary to dissuade and deter air at15 tacks directed against civilians and humanitarian

16 workers; and

17 (3) the current level of United States assistance

18 and other assistance provided to AMIS, and a re19 quest for additional United States assistance, if nec20 essary.

21 SEC. 9. DEFINITION.

22 (a) COMPREHENSIVE PEACE IN SUDAN ACT OF

23 2004.—Section 2(2) of the Comprehensive Peace in

24 Sudan Act of 2004 (50 U.S.C. 1701 note) is amended to

25 read as follows:


26439a.AAT
21

20

•HR 3127 IH

1 ‘‘(2) GOVERNMENT OF SUDAN.—

2 ‘‘(A) IN GENERAL.—The term ‘Govern3 ment of Sudan’ means the National Congress

4 Party, formerly known as the National Islamic

5 Front, government in Khartoum, Sudan, or any

6 successor government formed on or after the

7 date of the enactment of the Darfur Peace and

8 Accountability Act of 2005 (including the coali9 tion National Unity Government agreed upon in

10 the Comprehensive Peace Agreement for Sudan,

11 signed in Nairobi, Kenya on January 9, 2005),

12 except that such term does not include the Gov13 ernment of Southern Sudan.

14 ‘‘(B) OFFICIALS OF THE GOVERNMENT OF

15 SUDAN.—The term ‘Government of Sudan’,

16 when used with respect to an official of the

17 Government of Sudan, does not include an

18 individual—

19 ‘‘(i) who was not a member of such

20 government prior to July 1, 2005; or

21 ‘‘(ii) who is a member of the Govern22 ment of Southern Sudan.’’.

23 (b) SUDAN PEACE ACT.—Section 12(b) of the Sudan

24 Peace Act (50 U.S.C. 1701 note) is amended to read as

25 follows:


26439a.AAU
22

21

•HR 3127 IH

1 ‘‘(b) GOVERNMENT OF SUDAN DEFINED.—In this

2 section, the term ‘Government of Sudan’ means the Na3 tional Congress Party, formerly known as the National Is4 lamic Front, government in Khartoum, Sudan, or any suc5 cessor government formed on or after the date of the en6 actment of the Darfur Peace and Accountability Act of

7 2005 (including the coalition National Unity Government

8 agreed upon in the Comprehensive Peace Agreement for

9 Sudan, signed in Nairobi, Kenya on January 9, 2005),

10 except that such term does not include the Government

11 of Southern Sudan. Such term, when used with respect

12 to an official of the Government of Sudan, does not in13 clude an individual who was not a member of such govern14 ment prior to July 1, 2005, or an individual who is a mem15 ber of the Government of Southern Sudan.’’.

Æ


26439a.AAV
23

1

H.L.C.

AMENDMENT IN THE NATURE OF A SUBSTITUTE

TO H.R. 3127

OFFERED BY MR. HYDE OF ILLINOIS

Strike all after the enacting clause and insert the

following:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Darfur Peace and Accountability Act of 2005’’.

4 (b) TABLE OF CONTENTS.—The table of contents of

5 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

Sec. 3. Findings.

Sec. 4. Sense of Congress.

Sec. 5. Sanctions in support of peace in Darfur.

Sec. 6. Additional authorities to deter and suppress genocide in Darfur.

Sec. 7. Multilateral efforts.

Sec. 8. Continuation of restrictions.

Sec. 9. Assistance efforts in Sudan.

Sec. 10. Reports.

Sec. 11. Rule of construction.

6 SEC. 2. DEFINITIONS.

7 In this Act:

8 (1) APPROPRIATE CONGRESSIONAL COMMIT9 TEES.—The term ‘‘appropriate congressional com10 mittees’’ means the Committee on International Re11 lations of the House of Representatives and the

12 Committee on Foreign Relations of the Senate.


26439b.AAB
24

2

H.L.C.

1 (2) GOVERNMENT OF SUDAN.—

2 (A) IN GENERAL.—The term ‘‘Government

3 of Sudan’’ means the National Congress Party,

4 formerly known as the National Islamic Front,

5 led-government in Khartoum, Sudan, or any

6 successor government formed on or after the

7 date of the enactment of this Act (including the

8 coalition National Unity Government agreed

9 upon in the Comprehensive Peace Agreement

10 for Sudan), except that such term does not in11 clude the regional Government of Southern

12 Sudan.

13 (B) OFFICIALS OF THE GOVERNMENT OF

14 SUDAN.—The term ‘‘Government of Sudan’’,

15 when used with respect to an official of the

16 Government of Sudan, does not include an

17 individual—

18 (i) who was not a member of such

19 government prior to July 1, 2005; or

20 (ii) who is a member of the regional

21 Government of Southern Sudan.

22 (3) COMPREHENSIVE PEACE AGREEMENT FOR

23 SUDAN.—The term ‘‘Comprehensive Peace Agree24 ment for Sudan’’ means the peace agreement signed

25 by the Government of Sudan and the Sudan PeoVerDate Mar 21 2002 12:08 Jun 27, 2006 Jkt 000000 PO 00000 Frm 00028 Fmt 6633 Sfmt 6633 F:\WORK\FULL\030806M\26439.000 HINTREL1 PsN: SHIRL

26439b.AAC
25

3

H.L.C.

1 ple’s Liberation Movement/Army (SPLM/A) in

2 Nairobi, Kenya, on January 9, 2005.

3 SEC. 3. FINDINGS.

4 Congress makes the following findings:

5 (1) On July 22, 2004, the House of Represent6 atives and the Senate declared that the atrocities oc7 curring in the Darfur region of Sudan are genocide.

8 (2) On September 9, 2004, Secretary of State

9 Colin L. Powell stated before the Committee on For10 eign Relations of the Senate, ‘‘genocide has been

11 committed in Darfur,’’ and ‘‘the Government of

12 Sudan and the [Janjaweed] bear responsibility—and

13 genocide may still be occurring’’.

14 (3) On September 21, 2004, in an address be15 fore the United Nations General Assembly, Presi16 dent George W. Bush affirmed the Secretary of

17 State’s finding and stated,‘‘[a]t this hour, the world

18 is witnessing terrible suffering and horrible crimes in

19 the Darfur region of Sudan, crimes my government

20 has concluded are genocide’’.

21 (4) On July 30, 2004, the United Nations Se22 curity Council passed Security Council Resolution

23 1556, calling upon the Government of Sudan to dis24 arm the Janjaweed militias and to apprehend and

25 bring to justice Janjaweed leaders and their associVerDate Mar 21 2002 12:08 Jun 27, 2006 Jkt 000000 PO 00000 Frm 00029 Fmt 6633 Sfmt 6633 F:\WORK\FULL\030806M\26439.000 HINTREL1 PsN: SHIRL

26439b.AAD
26

4

H.L.C.

1 ates who have incited and carried out violations of

2 human rights and international humanitarian law,

3 and establishing a ban on the sale or supply of arms

4 and related materiel of all types, including the provi5 sion of related technical training or assistance, to all

6 nongovernmental entities and individuals, including

7 the Janjaweed.

8 (5) On September 18, 2004, the United Na9 tions Security Council passed Security Council Reso10 lution 1564, determining that the Government of

11 Sudan had failed to meet its obligations under Secu12 rity Council Resolution 1556, calling for a military

13 flight ban in and over the Darfur region, demanding

14 the names of Janjaweed militiamen disarmed and

15 arrested for verification, establishing an Inter16 national Commission of Inquiry on Darfur to inves17 tigate violations of international humanitarian and

18 human rights laws, and threatening sanctions should

19 the Government of Sudan fail to fully comply with

20 Security Council Resolutions 1556 and 1564, includ21 ing such actions as to affect Sudan’s petroleum sec22 tor or individual members of the Government of

23 Sudan.

24 (6) The Report of the International Commis25 sion of Inquiry on Darfur, submitted to the United


26439b.AAE
27

5

H.L.C.

1 Nations Secretary-General on January 25, 2005, es2 tablished that the ‘‘Government of the Sudan and

3 the Janjaweed are responsible for serious violations

4 of international human rights and humanitarian law

5 amounting to crimes under international law,’’ that

6 ‘‘these acts were conducted on a widespread and sys7 tematic basis, and therefore may amount to crimes

8 against humanity,’’ and that Sudanese officials and

9 other individuals may have acted with ‘‘genocidal in10 tent’’.

11 (7) The Report of the International Commis12 sion of Inquiry on Darfur further notes that, pursu13 ant to its mandate and in the course of its work, the

14 Commission had collected information relating to in15 dividual perpetrators of acts constituting ‘‘violations

16 of international human rights law and international

17 humanitarian law, including crimes against human18 ity and war crimes’’ and that a sealed file containing

19 the names of those individual perpetrators had been

20 delivered to the United Nations Secretary-General.

21 (8) On March 24, 2005, the United Nations Se22 curity Council passed Security Council Resolution

23 1590, establishing the United Nations Mission in

24 Sudan (UNMIS), consisting of up to 10,000 military

25 personnel and 715 civilian police and tasked with


26439b.AAF
28

6

H.L.C.

1 supporting implementation of the Comprehensive

2 Peace Agreement for Sudan and ‘‘closely and con3 tinuously liais[ing] and coordinat[ing] at all levels

4 with the African Union Mission in Sudan (AMIS)

5 with a view towards expeditiously reinforcing the ef6 fort to foster peace in Darfur’’.

7 (9) On March 29, 2005, the United Nations Se8 curity Council passed Security Council Resolution

9 1591, extending the military embargo established by

10 Security Council Resolution 1556 to all the parties

11 to the N’djamena Ceasefire Agreement of April 8,

12 2004, and any other belligerents in the states of

13 North Darfur, South Darfur, and West Darfur, call14 ing for an asset freeze and travel ban against those

15 individuals who impede the peace process, constitute

16 a threat to stability in Darfur and the region, com17 mit violations of international humanitarian or

18 human rights law or other atrocities, are responsible

19 for offensive military overflights, or violate the mili20 tary embargo, and establishing a Committee of the

21 Security Council and a Panel of Experts to assist in

22 monitoring compliance with Security Council Resolu23 tions 1556 and 1591.

24 (10) On March 31, 2005, the United Nations

25 Security Council passed Security Council Resolution


26439b.AAG
29

7

H.L.C.

1 1593, referring the situation in Darfur since July 1,

2 2002, to the prosecutor of the International Crimi3 nal Court and calling on the Government of Sudan

4 and all parties to the conflict to cooperate fully with

5 the Court.

6 (11) In remarks before the G–8 Summit on

7 June 30, 2005, President Bush reconfirmed that

8 ‘‘the violence in Darfur is clearly genocide’’ and ‘‘the

9 human cost is beyond calculation’’.

10 (12) On July 30, 2005, Dr. John Garang de

11 Mabior, the newly appointed Vice President of

12 Sudan and the leader of the Sudan People’s Libera13 tion Movement/Army (SPLM/A) for the past 21

14 years, was killed in a tragic helicopter crash in

15 southern Sudan, sparking riots in Khartoum and

16 challenging the commitment of all Sudanese to the

17 Comprehensive Peace Agreement for Sudan.

18 (13) Since 1993, the Secretary of State has de19 termined that the Republic of Sudan is a country

20 which has repeatedly provided support for acts of

21 international terrorism and, pursuant to section 6(j)

22 of the Export Administration Act of 1979, section

23 40 of the Arms Export Control Act, and section

24 620A of the Foreign Assistance Act of 1961, des25 ignated Sudan as a State Sponsor of Terrorism,


26439b.AAH
30

8

H.L.C.

1 thereby restricting United States assistance, defense

2 exports and sales, and financial and other trans3 actions with the Government of Sudan.

4 SEC. 4. SENSE OF CONGRESS.

5 It is the sense of Congress that—

6 (1) the genocide unfolding in the Darfur region

7 of Sudan is characterized by acts of terrorism and

8 atrocities directed against civilians, including mass

9 murder, rape, and sexual violence committed by the

10 Janjaweed and associated militias with the com11 plicity and support of the National Congress Party12 led faction of the Government of Sudan;

13 (2) the Secretary of State should designate the

14 Janjaweed militia as a foreign terrorist organization

15 pursuant to section 219 of the Immigration and Na16 tionality Act;

17 (3) all parties to the conflict in the Darfur re18 gion have continued to violate the N’djamena

19 Ceasefire Agreement of April 8, 2004, and the

20 Abuja Protocols of November 9, 2004, and violence

21 against civilians, humanitarian aid workers, and per22 sonnel of the African Union Mission in Sudan

23 (AMIS) is increasing;

24 (4) the African Union should rapidly expand

25 the size and amend the mandate of the African


26439b.AAI
31

9

H.L.C.

1 Union Mission in Sudan to authorize such action as

2 may be necessary to protect civilians and humani3 tarian operations, and deter violence in the Darfur

4 region without delay;

5 (5) the international community, including the

6 United Nations, the North Atlantic Treaty Organi7 zation (NATO), the European Union, and the

8 United States, should immediately act to mobilize

9 sufficient political, military, and financial resources

10 to support the expansion of the African Union Mis11 sion in Sudan so that it achieves the size, strength,

12 and capacity necessary for protecting civilians and

13 humanitarian operations, and ending the continued

14 violence in the Darfur region;

15 (6) if an expanded and reinforced African

16 Union Mission in Sudan fails to stop genocide in the

17 Darfur region, the international community should

18 take additional, dispositive measures to prevent and

19 suppress acts of genocide in the Darfur region;

20 (7) acting under Article 5 of the Charter of the

21 United Nations, the United Nations Security Coun22 cil should call for suspension of the Government of

23 Sudan’s rights and privileges of membership by the

24 General Assembly until such time as the Govern25 ment of Sudan has honored pledges to cease attacks


26439b.AAJ
32

10

H.L.C.

1 upon civilians, demobilize and demilitarize the

2 Janjaweed and associated militias, and grant free

3 and unfettered access for deliveries of humanitarian

4 assistance in the Darfur region;

5 (8) the President should use all necessary and

6 appropriate diplomatic means to ensure the full dis7 charge of the responsibilities of the Committee of

8 the United Nations Security Council and the Panel

9 of Experts established pursuant to section 3(a) of

10 Security Council Resolution 1591 (March 29, 2005);

11 (9) the United States should not provide assist12 ance to the Government of Sudan, other than assist13 ance necessary for the implementation of the Com14 prehensive Peace Agreement for Sudan, the support

15 of the regional Government of Southern Sudan and

16 marginalized areas in northern Sudan (including the

17 Nuba Mountains, Southern Blue Nile, Abyei, East18 ern Sudan (Beja), Darfur, and Nubia), as well as

19 marginalized peoples in and around Khartoum, or

20 for humanitarian purposes in Sudan, until such time

21 as the Government of Sudan has honored pledges to

22 cease attacks upon civilians, demobilize and demili23 tarize the Janjaweed and associated militias, grant

24 free and unfettered access for deliveries of humani25 tarian assistance in the Darfur region, and allow for


26439b.AAK
33

11

H.L.C.

1 the safe and voluntary return of refugees and inter2 nally displaced persons;

3 (10) the President should seek to assist mem4 bers of the Sudanese diaspora in the United States

5 by establishing a student loan forgiveness program

6 for those individuals who commit to return to south7 ern Sudan for a period of not less than five years

8 for the purpose of contributing professional skills

9 needed for the reconstruction of southern Sudan;

10 (11) the President should appoint a Presi11 dential Envoy for Sudan with appropriate resources

12 and a clear mandate to provide stewardship of ef13 forts to implement the Comprehensive Peace Agree14 ment for Sudan, seek ways to bring stability and

15 peace to the Darfur region, address instability else16 where in Sudan and northern Uganda, and pursue

17 a truly comprehensive peace throughout the region;

18 (12) to achieve the goals specified in paragraph

19 (10) and to further promote human rights and civil

20 liberties, build democracy, and strengthen civil soci21 ety, the Presidential Envoy for Sudan should be em22 powered to promote and encourage the exchange of

23 individuals pursuant to educational and cultural pro24 grams, including programs funded by the Govern25 ment of the United States;


26439b.AAL
34

12

H.L.C.

1 (13) the international community should

2 strongly condemn attacks against humanitarian

3 workers and demand that all armed groups in the

4 Darfur region, including the forces of the Govern5 ment of Sudan, the Janjaweed, associated militias,

6 the Sudan Liberation Movement/Army (SLM/A), the

7 Justice and Equality Movement (JEM), and all

8 other armed groups refrain from such attacks;

9 (14) the United States should fully support the

10 Comprehensive Peace Agreement for Sudan and

11 urge rapid implementation of its terms; and

12 (15) the new leadership of the Sudan People’s

13 Liberation Movement (SPLM) should—

14 (A) seek to transform the SPLM into an

15 inclusive, transparent, and democratic body;

16 (B) reaffirm the commitment of the SPLM

17 to bringing peace not only to southern Sudan,

18 but also to the Darfur region, eastern Sudan,

19 and northern Uganda; and

20 (C) remain united in the face of efforts to

21 undermine the SPLM.

22 SEC. 5. SANCTIONS IN SUPPORT OF PEACE IN DARFUR.

23 (a) BLOCKING OF ASSETS AND RESTRICTION ON

24 VISAS.—Section 6 of the Comprehensive Peace in Sudan


26439b.AAM
35

13

H.L.C.

1 Act of 2004 (Public Law 108–497; 50 U.S.C. 1701 note)

2 is amended—

3 (1) in the heading of subsection (b), by insert4 ing ‘‘OF APPROPRIATE SENIOR OFFICIALS OF THE

5 SUDANESE GOVERNMENT’’ after ‘‘ASSETS’’;

6 (2) by redesignating subsections (c) through (e)

7 as subsections (d) through (f), respectively; and

8 (3) by inserting after subsection (b) the fol9 lowing new subsection:

10 ‘‘(c) BLOCKING OF ASSETS AND RESTRICTION ON

11 VISAS OF CERTAIN INDIVIDUALS IDENTIFIED BY THE

12 PRESIDENT.—

13 ‘‘(1) BLOCKING OF ASSETS.—Beginning on the

14 date that is 30 days after the date of the enactment

15 of the Darfur Peace and Accountability Act of 2005,

16 and in the interest of contributing to peace in

17 Sudan, the President shall, consistent with the au18 thorities granted in the International Emergency

19 Economic Powers Act (50 U.S.C. 1701 et seq.),

20 block the assets of any individual who the President

21 determines is complicit in, or responsible for, acts of

22 genocide, war crimes, or crimes against humanity in

23 Darfur, including the family members or any associ24 ates of such individual to whom assets or property


26439b.AAN
36

14

H.L.C.

1 of such individual was transferred on or after July

2 1, 2002.

3 ‘‘(2) RESTRICTION ON VISAS.—Beginning on

4 the date that is 30 days after the date of the enact5 ment of the Darfur Peace and Accountability Act of

6 2005, and in the interest of contributing to peace in

7 Sudan, the President shall deny visas and entry to

8 any individual who the President determines is

9 complicit in, or responsible for, acts of genocide, war

10 crimes, or crimes against humanity in Darfur, in11 cluding the family members or any associates of

12 such individual to whom assets or property of such

13 individual was transferred on or after July 1,

14 2002.’’.

15 (b) WAIVER.—Section 6(d) of the Comprehensive

16 Peace in Sudan Act of 2004 (as redesignated by sub17 section (a)) is amended by adding at the end the following

18 new sentence: ‘‘The President may waive the application

19 of paragraph (1) or (2) of subsection (c) with respect to

20 an individual if the President determines that such a waiv21 er is in the national interests of the United States and,

22 prior to exercising the waiver, transmits to the appropriate

23 congressional committees a notification which includes the

24 name of the individual and the reasons for the waiver.’’.


26439b.AAO
37

15

H.L.C.

1 (c) SANCTIONS AGAINST CERTAIN JANJAWEED COM2 MANDERS AND COORDINATORS.—The President should

3 immediately consider imposing the sanctions described in

4 section 6(c) of the Comprehensive Peace in Sudan Act of

5 2004 (as added by subsection (a)) against the Janjaweed

6 commanders and coordinators identified by the former

7 United States Ambassador-at-Large for War Crimes be8 fore the Subcommittee on Africa of the House Inter9 national Relations Committee on June 24, 2004.

10 SEC. 6. ADDITIONAL AUTHORITIES TO DETER AND SUP11 PRESS GENOCIDE IN DARFUR.

12 (a) UNITED STATES ASSISTANCE TO SUPPORT

13 AMIS.—Section 7 of the Comprehensive Peace in Sudan

14 Act of 2004 (Public Law 108–497; 50 U.S.C. 1701 note)

15 is amended—

16 (1) by striking ‘‘Notwithstanding’’ and insert17 ing ‘‘(a) GENERAL ASSISTANCE.—Notwithstanding’’;

18 and

19 (2) by adding at the end the following new sub20 section:

21 ‘‘(b) ASSISTANCE TO SUPPORT AMIS.—Notwith22 standing any other provision of law, the President is au23 thorized to provide assistance, on such terms and condi24 tions as the President may determine and in consultation

25 with the appropriate congressional committees, to reinVerDate Mar 21 2002 12:08 Jun 27, 2006 Jkt 000000 PO 00000 Frm 00041 Fmt 6633 Sfmt 6633 F:\WORK\FULL\030806M\26439.000 HINTREL1 PsN: SHIRL

26439b.AAP
38

16

H.L.C.

1 force the deployment and operations of an expanded Afri2 can Union Mission in Sudan (AMIS) with the mandate,

3 size, strength, and capacity to protect civilians and hu4 manitarian operations, stabilize the Darfur region of

5 Sudan and dissuade and deter air attacks directed against

6 civilians and humanitarian workers, including but not lim7 ited to providing assistance in the areas of logistics, trans8 port, communications, materiel support, technical assist9 ance, training, command and control, aerial surveillance,

10 and intelligence.’’.

11 (b) NATO ASSISTANCE TO SUPPORT AMIS.—The

12 President should instruct the United States Permanent

13 Representative to the North Atlantic Treaty Organization

14 (NATO) to use the voice, vote, and influence of the United

15 States at NATO to advocate NATO reinforcement of the

16 African Union Mission in Sudan (AMIS), upon the request

17 of the African Union, including but not limited to the pro18 vision of assets to dissuade and deter offensive air strikes

19 directed against civilians and humanitarian workers in the

20 Darfur region of Sudan and other logistical, transpor21 tation, communications, training, technical assistance,

22 command and control, aerial surveillance, and intelligence

23 support.

24 (c) DENIAL OF ENTRY AT UNITED STATES PORTS

25 TO CERTAIN CARGO SHIPS OR OIL TANKERS.—


26439b.AAQ
39

17

H.L.C.

1 (1) IN GENERAL.—The President should take

2 all necessary and appropriate steps to deny the Gov3 ernment of Sudan access to oil revenues, including

4 by prohibiting entry at United States ports to cargo

5 ships or oil tankers engaged in business or trade ac6 tivities in the oil sector of Sudan or involved in the

7 shipment of goods for use by the armed forces of

8 Sudan until such time as the Government of Sudan

9 has honored its commitments to cease attacks on ci10 vilians, demobilize and demilitarize the Janjaweed

11 and associated militias, grant free and unfettered ac12 cess for deliveries of humanitarian assistance, and

13 allow for the safe and voluntary return of refugees

14 and internally displaced persons.

15 (2) EXCEPTION.—Paragraph (1) shall not

16 apply with respect to cargo ships or oil tankers in17 volved in an internationally-recognized demobiliza18 tion program or the shipment of non-lethal assist19 ance necessary to carry out elements of the Com20 prehensive Peace Agreement for Sudan.

21 (d) PROHIBITION ON ASSISTANCE TO COUNTRIES IN

22 VIOLATION OF UNITED NATIONS SECURITY COUNCIL

23 RESOLUTIONS 1556 AND 1591.—

24 (1) PROHIBITION.—Amounts made available to

25 carry out the Foreign Assistance Act of 1961 (22


26439b.AAR
40

18

H.L.C.

1 U.S.C. 2151 et seq.) may not be used to provide as2 sistance (other than humanitarian assistance) to the

3 government of a country that is in violation of the

4 embargo on military assistance with respect to

5 Sudan imposed pursuant to United Nations Security

6 Council Resolutions 1556 (July 30, 2004) and 1591

7 (March 29, 2005).

8 (2) WAIVER.—The President may waive the ap9 plication of paragraph (1) if the President deter10 mines and certifies to the appropriate congressional

11 committees that it is in the national interests of the

12 United States to do so.

13 SEC. 7. MULTILATERAL EFFORTS.

14 The President shall direct the United States Perma15 nent Representative to the United Nations to use the voice

16 and vote of the United States to urge the adoption of a

17 resolution by the United Nations Security Council that—

18 (1) supports the expansion of the African Union

19 Mission in Sudan (AMIS) so that it achieves the

20 mandate, size, strength, and capacity needed to pro21 tect civilians and humanitarian operations, and dis22 suade and deter fighting and violence in the Darfur

23 region of Sudan, and urges member states of the

24 United Nations to accelerate political, material, fiVerDate Mar 21 2002 12:08 Jun 27, 2006 Jkt 000000 PO 00000 Frm 00044 Fmt 6633 Sfmt 6633 F:\WORK\FULL\030806M\26439.000 HINTREL1 PsN: SHIRL

26439b.AAS
41

19

H.L.C.

1 nancial, and other assistance to the African Union

2 toward this end;

3 (2) reinforces efforts of the African Union to

4 negotiate peace talks between the Government of

5 Sudan, the Sudan Liberation Movement/Army

6 (SLM/A), the Justice and Equality Movement

7 (JEM), and associated armed groups in the Darfur

8 region, calls on the Government of Sudan, the SLM/

9 A, and the JEM to abide by their obligations under

10 the N’Djamena Ceasefire Agreement of April 8,

11 2004 and subsequent agreements, urges all parties

12 to engage in peace talks without preconditions and

13 seek to resolve the conflict, and strongly condemns

14 all attacks against humanitarian workers and Afri15 can Union personnel in the Darfur region;

16 (3) imposes sanctions against the Government

17 of Sudan, including sanctions against individual

18 members of the Government of Sudan, and entities

19 controlled or owned by officials of the Government

20 of Sudan or the National Congress Party in Sudan

21 until such time as the Government of Sudan has

22 honored its commitments to cease attacks on civil23 ians, demobilize and demilitarize the Janjaweed and

24 associated militias, grant free and unfettered access

25 for deliveries of humanitarian assistance, and allow


26439b.AAT
42

20

H.L.C.

1 for the safe and voluntary return of refugees and in2 ternally displaced persons;

3 (4) extends the military embargo established by

4 United Nations Security Council Resolutions 1556

5 (July 30, 2004) and 1591 (March 29, 2005) to in6 clude a total prohibition on the sale or supply of of7 fensive military equipment to the Government of

8 Sudan, except for use in an internationally-recog9 nized demobilization program or for non-lethal as10 sistance necessary to carry out elements of the Com11 prehensive Peace Agreement for Sudan; and

12 (5) calls upon those member states of the

13 United Nations that continue to undermine efforts

14 to foster peace in Sudan by providing military assist15 ance and equipment to the Government of Sudan,

16 the SLM/A, the JEM, and associated armed groups

17 in the Darfur region in violation of the embargo on

18 such assistance and equipment, as called for in

19 United Nations Security Council Resolutions 1556

20 and 1591, to immediately cease and desist.

21 SEC. 8. CONTINUATION OF RESTRICTIONS.

22 (a) CONTINUATION OF RESTRICTIONS.—Restrictions

23 against the Government of Sudan that were imposed pur24 suant to Executive Order 13067 of November 3, 1997 (62

25 Federal Register 59989), title III and sections 508, 512,


26439b.AAU
43

21

H.L.C.

1 527, and 569 of the Foreign Operations, Export Financ2 ing, and Related Programs Appropriations Act, 2006, or

3 any other similar provision of law, shall remain in effect

4 and shall not be lifted pursuant to such provisions of law

5 until the President transmits to the appropriate congres6 sional committees a certification that the Government of

7 Sudan is acting in good faith to—

8 (1) peacefully resolve the crisis in the Darfur

9 region of Sudan;

10 (2) disarm, demobilize, and demilitarize the

11 Janjaweed and all government-allied militias;

12 (3) adhere to United Nations Security Council

13 Resolutions 1556 (2004), 1564 (2004), 1591

14 (2005), and 1593 (2005);

15 (4) negotiate a peaceful resolution to the crisis

16 in eastern Sudan;

17 (5) fully cooperate with efforts to disarm, de18 mobilize, and deny safe haven to members of the

19 Lords Resistance Army; and

20 (6) fully implement the Comprehensive Peace

21 Agreement for Sudan without manipulation or delay,

22 including by—

23 (A) implementing the recommendations of

24 the Abyei Commission Report;


26439b.AAV
44

22

H.L.C.

1 (B) establishing other appropriate commis2 sions and implementing and adhering to the

3 recommendations of such commissions con4 sistent with the terms of the Comprehensive

5 Peace Agreement for Sudan;

6 (C) adhering to the terms of the Wealth

7 Sharing Agreement; and

8 (D) withdrawing government forces from

9 southern Sudan consistent with the terms of

10 the Comprehensive Peace Agreement for Sudan.

11 (b) WAIVER.—The President may waive the applica12 tion of subsection (a) if the President determines and cer13 tifies to the appropriate congressional committees that it

14 is in the national interests of the United States to do so.

15 SEC. 9. ASSISTANCE EFFORTS IN SUDAN.

16 (a) ADDITIONAL AUTHORITIES.—Section 501(a) of

17 the Assistance for International Malaria Control Act (50

18 U.S.C. 1701 note) is amended—

19 (1) by striking ‘‘Notwithstanding any other pro20 vision of law’’ and inserting the following:

21 ‘‘(1) IN GENERAL.—Notwithstanding any other

22 provision of law’’;

23 (2) by inserting ‘‘civil administrations,’’ after

24 ‘‘indigenous groups,’’;


26439b.AAW
45

23

H.L.C.

1 (3) by striking ‘‘areas outside of control of the

2 Government of Sudan’’ and inserting ‘‘southern

3 Sudan, southern Kordofan/Nuba Mountains State,

4 Blue Nile State, and Abyei’’;

5 (4) by inserting at the end before the period the

6 following: ‘‘, including the Comprehensive Peace

7 Agreement for Sudan’’; and

8 (5) by adding at the end the following new

9 paragraph:

10 ‘‘(2) CONGRESSIONAL NOTIFICATION.—

11 ‘‘(A) IN GENERAL.—Assistance may not be

12 obligated under this subsection until 15 days

13 after the date on which the President has pro14 vided notice thereof to the congressional com15 mittees specified in section 634A of the Foreign

16 Assistance Act of 1961 (22 U.S.C. 2394–1) in

17 accordance with the procedures applicable to re18 programming notifications under such section.

19 ‘‘(B) RULE OF CONSTRUCTION.—The noti20 fication requirement of subparagraph (A) shall

21 not apply in the case of assistance subject to

22 notification in accordance with section 634A of

23 the Foreign Assistance Act of 1961 pursuant to

24 any provision of an Act making appropriations


26439b.AAX
46

24

H.L.C.

1 for foreign operations, export financing, and re2 lated programs.’’.

3 (b) EXCEPTION TO PROHIBITIONS IN EXECUTIVE

4 ORDER NO. 13067.—Section 501(b) of the Assistance for

5 International Malaria Control Act (50 U.S.C. 1701 note)

6 is amended—

7 (1) in the heading, by striking ‘‘EXPORT PRO8 HIBITIONS’’ and inserting ‘‘PROHIBITIONS IN EXEC9 UTIVE ORDER NO. 13067’’;

10 (2) by striking ‘‘any export from an area in

11 Sudan outside of control of the Government of

12 Sudan, or to any necessary transaction directly re13 lated to that export’’ and inserting ‘‘activities or re14 lated transactions with respect to southern Sudan,

15 southern Kordofan/Nuba Mountains State, Blue Nile

16 State, or Abyei’’; and

17 (3) by striking ‘‘the export or related trans18 action’’ and all that follows and inserting ‘‘such ac19 tivities or related transactions would directly benefit

20 the economic recovery and development of those

21 areas and people.’’.

22 SEC. 10. REPORTS.

23 (a) REPORT ON AFRICAN UNION MISSION IN SUDAN

24 (AMIS).—Section 8 of the Sudan Peace Act (Public Law

25 107–245; 50 U.S.C. 1701 note) is amended—


26439b.AAY
47

25

H.L.C.

1 (1) by redesignating subsection (c) as sub2 section (d); and

3 (2) by inserting after subsection (b) the fol4 lowing new subsection:

5 ‘‘(c) REPORT ON AFRICAN UNION MISSION IN SUDAN

6 (AMIS).—In conjunction with reports required under sub7 sections (a) and (b) of this section, the Secretary of State

8 shall submit to the appropriate congressional committees

9 a report, to be prepared in conjunction with the Secretary

10 of Defense, on—

11 ‘‘(1) efforts to fully deploy the African Union

12 Mission in Sudan (AMIS) with the size, strength,

13 and capacity necessary to stabilize the Darfur region

14 of Sudan and protect civilians and humanitarian op15 erations;

16 ‘‘(2) the needs of AMIS to ensure success, in17 cluding in the areas of housing, transport, commu18 nications, equipment, technical assistance, training,

19 command and control, intelligence, and such assist20 ance as is necessary to dissuade and deter attacks,

21 including by air, directed against civilians and hu22 manitarian operations;

23 ‘‘(3) the current level of United States assist24 ance and other assistance provided to AMIS, and a


26439b.AAZ
48

26

H.L.C.

1 request for additional United States assistance, if

2 necessary;

3 ‘‘(4) the status of North Atlantic Treaty Orga4 nization (NATO) plans and assistance to support

5 AMIS; and

6 ‘‘(5) the performance of AMIS in carrying out

7 its mission in the Darfur region.’’.

8 (b) REPORT ON SANCTIONS IN SUPPORT OF PEACE

9 IN DARFUR.—Section 8 of the Sudan Peace Act (Public

10 Law 107–245; 50 U.S.C. 1701 note), as amended by sub11 section (a), is further amended—

12 (1) by redesignating subsection (d) (as redesig13 nated) as subsection (e); and

14 (2) by inserting after subsection (c) the fol15 lowing new subsection:

16 ‘‘(d) REPORT ON SANCTIONS IN SUPPORT OF PEACE

17 IN DARFUR.—In conjunction with reports required under

18 subsections (a), (b), and (c) of this section, the Secretary

19 of State shall submit to the appropriate congressional

20 committees a report regarding sanctions imposed under

21 subsections (a) through (d) of section 6 of the Comprehen22 sive Peace in Sudan Act of 2004, including—

23 ‘‘(1) a description of each sanction imposed

24 under such provisions of law; and


26439b.ABA
49

27

H.L.C.

1 ‘‘(2) the name of the individual or entity sub2 ject to the sanction, if applicable.’’.

3 SEC. 11. RULE OF CONSTRUCTION.

4 Nothing in this Act (or any amendment made by this

5 Act) or any other provision of law shall be construed to

6 preempt any State law that prohibits investment of State

7 funds, including State pension funds, in or relating to the

8 Republic of the Sudan.


26439b.ABB
50

[The prepared statement of Mr. Hyde follows:]

PREPARED STATEMENT OF THE HONORABLE HENRY J. HYDE, A REPRESENTATIVE IN

CONGRESS FROM THE STATE OF ILLINOIS, AND CHAIRMAN, COMMITTEE ON INTERNATIONAL RELATIONS

Ladies and gentleman, despite eight rounds of peace talks, the deployment more 

than to 6,000 African Union troops and monitors, the passage of six United Nations 

Security Council Resolutions, and declarations of genocide by the United States 

Congress and the Administration of President Bush, the crisis in the Darfur region 

of western Sudan continues. 

No one knows precisely how many Darfurians have perished as a result of the 

genocide, but estimates range from 180,000 to 400,000, and as many as 10,000 people continue to die each month. Over two million Dafurians have been forced from 

their homes, entire villages have been looted and destroyed, and countless men, 

women and children have been victims of abduction, torture, and rape. 

It is against this backdrop that the Darfur Peace and Accountability Act, H.R. 

3127, was introduced last June. As introduced, the ‘‘DPAA’’ attempts to expand 

upon the existing Comprehensive Peace in Sudan Act of 2004 (the CPSA), by authorizing specific measures to promote peace and accountability in Darfur. 

First, H.R. 3127 confers upon the President, notwithstanding any other provision 

of law, the authority to provide assistance to reinforce the deployment and operations of an expanded African Union Mission in Sudan (AMIS), with the mandate, 

size, strength and capacity to protect civilians and humanitarian operations and stabilize Darfur. Further, the bill calls on the international community, including the 

UN, the European Union (EU), and the North Atlantic Treaty Organization (NATO), 

to immediately mobilize political, military and financial resources to support the expansion of the African Mission in Sudan, and directs the U.S. Permanent Representative to NATO to advocate for NATO reinforcement of such an expanded African 

Union mission in keeping with current Administration policy. 

Next, the bill amends the Comprehensive Peace in Sudan Act to impose targeted 

sanctions against individual perpetrators of genocide, war crimes, or crimes against 

humanity in Darfur, rather than sanctioning the new Government of National Unity 

in general. 

H.R. 3127 also prohibits the provision of non-humanitarian U.S. assistance to nations violating the military and arms embargo imposed pursuant to UN Security 

Council resolutions 1556 and 1591, calls for the suspension of Sudan’s membership 

in the United Nations, and encourages President Bush to deny entry at U.S. ports 

to certain Sudanese cargo ships or oil tankers if the Government of Sudan fails to 

take specified measures in Darfur. 

Though the core principles of the bill, as introduced, remain unchanged, the substitute amendment before you reflects the outcome of intense bipartisan, bicameral 

negotiations over the past eight months. The substitute amendment includes the following notable changes:

• It adds a new Section 5(c) to encourage the imposition of targeted sanctions 

against Janjaweed commanders and coordinators;

• It modifies Section 6(c) with regard to the denial of entry at U.S. ports to Sudanese cargo ships and oil tankers to create an exception for vessels involved 

in an internationally-recognized demobilization program or the shipment of 

non-lethal assistance necessary for implementation of the Comprehensive 

Peace Agreement;

• It adds a new Section 7(4) to call for the extension of the military embargo 

established pursuant to UN Security Council Resolutions 1556 (July 30, 2004) 

and 1591 (March 29, 2005) to include the Government of Sudan;

• It adds a new Section 8, regarding the Continuation of Restrictions, such that 

restrictions imposed against Sudan pursuant to Executive Order 13067 and/

or the Foreign Operations, Export Financing, and Related Programs Act of 

2006, shall remain in effect and shall not be lifted until the President certifies 

to Congress that the Government of Sudan is acting in good faith to: (1) 

peacefully resolve the crisis in Darfur; (2) disarm, demobilize and demilitarize 

the Janjaweed; (3) adhere to UN Security Council Resolutions; (4) negotiate 

a peaceful resolution to the crisis in eastern Sudan; (5) cooperate with efforts 

to disarm and deny safe haven to the Lord’s Resistance Army; and (6) fully 

implement the terms of the Comprehensive Peace Agreement;

• It adds a new Section 9, to amend the International Malaria Control Act (50 

USC 170 note), thereby clarifying the definition of ‘‘areas outside the control 

51

of the Government of Sudan’’ and specifying notification requirements for assistance provided by the United States Government to Sudan pursuant to 

that Act ; and

• Adds a new Section 11, regarding the preemption of State laws that prohibit 

investment of State pension funds in Sudan.

Again, this substitute amendment is the result of eight months of negotiation and 

represents a truly bipartisan compromise. I strongly encourage your support of this 

amendment and the underlying bill so that we can, at long last, get this important 

piece of legislation to the House Floor and resolve any remaining differences with 

the Senate.

Chairman HYDE. The Chair will recognize Mr. Payne to strike 

the last words. 

Mr. PAYNE. Thank you very much, Mr. Chairman, and let me express my appreciation for your allowing a markup of H.R. 3127, 

The Darfur Peace and Accountability Act. I want to thank you for 

this very important markup. 

We had hoped to get this to this point many months ago, as the 

situation in Darfur continues to worsen, and the process has been 

long and hard, but I am glad that we are finally seeing the bill before this Committee today because genocide, which is orchestrated 

by the Government of Sudan and its leadership and its proxies, 

continues unabated in Darfur. The international community has 

failed to act decisively. Collectively, the UN, NATO, EU have not 

really been able to stem this brutal tide that has been going on for 

several years. 

If we had prevented genocide in Armenia in 1915 or had condemned it, we probably would not have had the Holocaust in Nazi 

Germany in the thirties, nor the Cambodian situation or the Rwanda genocide. So we have to act, and I am pleased that for the first 

time the genocide was going on, this U.S. Congress declared genocide in July 2004. However, more must happen. 

The substitute which we will vote on this morning is the result 

of months of negotiations and compromise. I am pleased to say that 

several Democratic revisions, we appreciate, were added to the bill 

with the cooperation of Chairman Hyde and his staff, particularly 

clearly defining the Government of Sudan and providing benchmarks for the lifting of sanctions, which include ending the genocide in Darfur, disarming the Janjaweed, disarming and ceasing to 

give safe haven to the northern Ugandan terrorist group, The 

Lord’s Resistance Army, which is being protected by the Government of Sudan, and fully implementing the comprehensive peace 

agreement between the North and the South, the war that has 

gone on for 20 years, which has displaced 4 million people in the 

South, and 2 million have died as a result of that conflict. 

I want to thank my colleagues on the Subcommittee, particularly 

Ms. Lee and Ms. McCollum, for their contributions to the bill. 

These include language protecting the states from lawsuits for divesting state pension funds from Sudan, which New Jersey, Illinois, and California is considering, but those two states have 

passed it already, and also the Congress language designating the 

Janjaweed as a foreign terrorist organization. 

I would also like to thank Representatives Watson, Meeks, and 

Mr. Tancredo for their close involvement during the negotiations. 

I would also like to indicate, although not on this Committee, Mr. 

52

Wolf has been a true warrior in the problems of Sudan for decades, 

and I would certainly like to express my appreciation to him. 

I have some lingering questions on certain provisions. The main 

question was whether the exemption we provided to sanctions in 

our Executive Order 13067 for the South and the marginalized 

areas applies to both exports and imports, the way it is written. We 

received assurances from Chairman Hyde’s office that this was the 

case, and we take assurances at face value that, indeed, it is both 

imports and exports, which is a very important technicality. 

Again, this day was a long time coming, but I am glad that we 

are finally marking up this bill. We must hold accountable those 

persons who are responsible for genocide at all levels, especially at 

the highest level, in the National Congress Party, to ensure that 

they are not free to commit these atrocities again. We think this 

is a first step in the right direction. 

High school students, college students, religious groups, state 

governments, people are expressing their indignation that we cannot allow genocide to continue, and so we hope that this will move 

the Government of Sudan to act responsibly, but if it does not, I 

think we need to look at additional legislation with no-fly zones, 

with perhaps combat planes to ensure that the Government of 

Sudan does not continue to use its gun ships and planes to kill and 

maim people and that we would also hope to see an increase in a 

more robust UN-NATO organization under the leadership of the 

African Union, and we have to bring the perpetrators of the injustice to justice. That is something that must be done. 

Thank you, Mr. Chairman. I appreciate the opportunity to speak 

on this bill. 

Chairman HYDE. Thank you, Mr. Payne. The Chair will recognize two more Members for short remarks, and then we move to 

the hearing on Iran. Mr. Chris Smith of New Jersey. 

Mr. SMITH OF NEW JERSEY. Thank you very much, Mr. Chairman. I want to thank you, Chairman Hyde, and Ranking Member 

Payne for their efforts in helping to draft H.R. 3127, as well as my 

staff, Greg Simpkins, who did yeoman’s work on ensuring that the 

language really fit the compelling needs of people who are facing 

genocide in Darfur. 

There was some real flexibility on the part of several Members 

of our Subcommittee and the Full Committee on making changes 

in the bill. As you know, Mr. Chairman, we marked this bill up last 

July, and there have been many changes on the ground in Darfur, 

and we have tried to accommodate those, and one of those is calling 

on the President to immediately consider imposing sanctions 

against the Janjaweed commanders and their coordinators who are 

identified by the former Ambassador-at-Large for War Crimes for 

their terrible misdeeds that they have committed. And, of course, 

this legislation, at the core of it is the amending of the Comprehensive Peace Act with Sudan of 2004 to block the assets and to restrict the travel of any individual whom the President has determined is responsible, whether by commission or omission, for acts 

of genocide, war crimes, or crimes against humanity in the Darfur 

region. 

I would just point out to my colleagues that Greg Simpkins and 

I did visit Darfur last August. We went to Komo camp. We went 

53

to the other camp called Mukjar, and it was so clear to us that people were within a kilometer of being apprehended, in the case of 

the women, raped or murdered, as well as the men. That is how 

clear and present the danger was and continues to be for the people of Darfur. 

I would point out to my colleagues that we plan on a trip, beginning on April 17, and I would invite any Member of the Subcommittee or Full Committee to join us, to Darfur, to Juba, and to 

Khartoum, and we hope to meet with President Bashir. I met with 

him last August, again, and had a very, very contentious meeting. 

This is a man who, regrettably and sadly, has turned a blind eye 

to the international community as we have raised issues, first in 

the south of Sudan, where some 2 million people have been killed, 

and now in Darfur, where something on the order of 400,000 people 

have been killed. 

I would ask unanimous consent that a full statement that I have 

prepared, Mr. Chairman, be made a part of the record. It is a very 

good bill. It does not do everything, but it is a very, very good step 

in the right direction. Thank you for your authorship. 

Chairman HYDE. Without objection, so ordered. 

[The prepared statement of Mr. Smith follows:]

PREPARED STATEMENT OF THE HONORABLE CHRISTOPHER H. SMITH, A REPRESENTA- TIVE IN CONGRESS FROM THE STATE OF NEW JERSEY AND VICE CHAIRMAN, COM- MITTEE ON INTERNATIONAL RELATIONS

I’d like to thank Chairman Hyde for his leadership in drafting and offering this 

legislation, for his graciousness and flexibility in negotiations with fellow legislators 

on alterations to this bill, and in his willingness to find creative ways to get HR 

3127 passed and enacted into law. 

This House has devoted a great deal of time to addressing the needs of suffering 

people in Sudan over the years. We’ve held hearings on the civil war, slavery, and 

genocide in Darfur. We’ve visited Sudan to speak with the government, met with 

various groups fighting the government, and supported humanitarian organizations 

trying desperately to meet the critical and growing needs of the Sudanese people. 

Most recently, we’ve focused on supporting the African Union force that has tried 

heroically to address the rampant violence in Darfur. 

Sudan presents policymakers with a complex set of priorities. Both the Administration and the Congress concentrated a great deal of its attention on ending the 

North-South civil war, and our efforts were successful in not only concluding the 

fighting, but also in facilitating the Comprehensive Peace Agreement that includes 

a revenue provision for sharing the profits from resources with the Southern Sudanese. 

That issue of resource allocation was part of the trigger for the fighting in Darfur, 

but was only one of the causes of the conflict. The Darfur conflict also has its roots 

in religious, ethnic and economic differences between the people of Darfur and the 

government in Khartoum. The conflict is based on recent political developments in 

other parts of Sudan, but it also is based on historic conflicts between nomads and 

farmers. The two rebel movements, both of which are splintering, are terrorizing the 

population just as much as the Janjaweed. Add to their ranks rebels from Chad, 

and tribesmen engaged in localized conflicts and bandits. There are members of the 

National Congress Party in the Sudanese government who are guilty of complicity 

in genocide, but that government also includes members of the Sudanese Peoples 

Liberation Movement, who joined the government as part of the peace agreement 

last year. 

In addressing this complex situation, our Committee members have had to adapt 

to the changing circumstances in updating H.R. 3127. However, we must keep in 

mind that this bill was not designed to meet all possible circumstances. The main 

intent of this legislation is to punish those Sudanese government officials who were 

involved in the genocide in Darfur as part of an overall effort to bring peace to that 

region. It was written before the Government of National Unity was inaugurated. 

It was written before it became clear that the African Union forces needed additional assistance to protect the people of Darfur and those who would help them. 

54

Consequently, I would strongly urge my colleagues to pass this legislation without 

further changes and support its passage on the floor of this House. We will have 

to reconcile this legislation with the bill passed late last year by the Senate, and 

it is in that conference forum that we can make necessary adjustments. If we continue to tinker with this bill, it may never be passed because there are so many 

Members in the House who have a strong interest in meeting the needs of Sudan 

generally and Darfur in particular. 

After all this time we’ve spent on HR 3127, it is now time to move it forward, 

making our priorities known to the Administration, to the Government of Sudan 

and its opponents, and to the international community on how we believe the 

Darfur crisis should be handled.

Chairman HYDE. The Chair recognizes Mr. Lantos. 

Mr. LANTOS. Thank you very much, Mr. Chairman. I would just 

like to commend you for your extraordinary work on this legislation. I want to associate myself with the comments of both of my 

friends, Mr. Payne and Mr. Smith, and I would like to add a personal note. 

It seems ages ago, although it was only many months ago, that 

I had the privilege on the Democratic side of managing the debate 

on our legislation designating what is unfolding in Darfur a genocide. I have some personal experience with genocides, and I am 

pleased that, at long last, we are moving with this singularly important bill. 

It is unconscionable that the civilized world would stand aside as 

vast numbers of utterly innocent men, women, and children are 

slaughtered by the Arab militias with the connivance and support 

of the government. I trust that our legislation will finally move the 

process forward and will bring to justice the perpetrators of this 

nightmare. Thank you, Mr. Chairman. 

Chairman HYDE. Thank you, Mr. Lantos. 

The Chair notes the presence of a reporting quorum, and the 

question occurs on the motion to report the bill, H.R. 3127, favorably, as amended. All of those in favor will say aye. 

[A chorus of ayes.] 

Chairman HYDE. Opposed, nay. The ayes have it. The motion is 

agreed to without objection. The staff is directed to make any technical and conforming changes. 

[Whereupon, at 10:23 a.m., the Committee was adjourned.] 

(55)

A P P E N D I X 

MATERIAL SUBMITTED FOR THE HEARING RECORD

PREPARED STATEMENT OF THE HONORABLE GREGORY W. MEEKS, A REPRESENTATIVE

IN CONGRESS FROM THE STATE OF NEW YORK

I would like to join my colleagues in thanking the Chairman and Ranking Member for the tireless efforts they have put into this bill and for holding this markup. 

After July 22, 2004, when the House and Senate declared that the atrocities taking 

place in Darfur are in fact genocide, I had hoped that this body would have aggressively worked in a timely fashion to force the government in Khartoum to stop the 

killing. 

But, that is behind us now, hundreds more people have been displaced, killed, 

raped—the attacks have continued and now, the Janjaweed and rebels forces in 

Chad are attacking children who have sought refuge in that neighboring country—

but, I am glad that we are marking up this bill because it sends a strong message 

that we will not allow genocide to continue. 

We should not feel bad because the entire international community has failed 

Darfur, the entire international community has failed to act to STOP the genocide. 

We have monitored the genocide, watched it happen but we don’t have the humanity to STOP it. 

I am thankful that after months of negotiations and compromise, I am pleased 

to see that the bill clearly defines benchmarks for the lifting of sanctions which include ending the genocide in Darfur, disarming the Janjaweed, disarming and ceasing to give safe haven to the Northern Uganda terrorist group the Lord’s Resistance 

Army (LRA), and fully implementing the Comprehensive Peace Agreement (CPA) 

between the North and South. 

I hope this sends a clear message to the world that the United States of America 

is serious about stopping genocide and we will not be meeting with or partnering 

with terrorist states. 

We must send a clear message that our CIA or other branch of our intelligence 

agencies will not fly Sudan’s intelligence chief to Washington or any government official accused of orchestrating genocide for secret meetings unless it is a means to 

arrest him or her. 

We must not allow the children or any family members of genocide accusers to 

come to this country to benefit from our freedom here while they restrict freedom 

for their citizens at home. Those responsible should pay for the innocent lives they 

have taken and Mr. Chairman, I hope this bill will be brought to the House floor 

for a vote as expeditiously as humanly possible.

Æ