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22–580PDF 2005

DARFUR PEACE AND ACCOUNTABILITY ACT

OF 2005

MARKUP

BEFORE THE

SUBCOMMITTEE ON AFRICA, GLOBAL HUMAN 

RIGHTS AND INTERNATIONAL OPERATIONS

OF THE

COMMITTEE ON 

INTERNATIONAL RELATIONS 

HOUSE OF REPRESENTATIVES

ONE HUNDRED NINTH CONGRESS

FIRST SESSION

ON

H.R. 3127

JULY 21, 2005

Serial No. 109–69

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 

ROBERT MENENDEZ, 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 

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

ROBERT R. KING, Democratic Staff Director 

SUBCOMMITTEE ON AFRICA, GLOBAL HUMAN RIGHTS AND INTERNATIONAL

OPERATIONS

CHRISTOPHER H. SMITH, New Jersey, Chairman 

THOMAS G. TANCREDO, Colorado 

JEFF FLAKE, Arizona 

MARK GREEN, Wisconsin 

JOHN BOOZMAN, Arkansas 

JEFF FORTENBERRY, Nebraska 

EDWARD R. ROYCE, California, 

Vice Chairman 

DONALD M. PAYNE, New Jersey 

BARBARA LEE, California 

BETTY MCCOLLUM, Minnesota 

BRAD SHERMAN, California 

GREGORY W. MEEKS, New York 

DIANE E. WATSON, California 

MARY M. NOONAN, Subcommittee Staff Director 

GREG SIMPKINS, Subcommittee Professional Staff Member 

NOELLE LUSANE, Democratic Professional Staff Member 

LINDSEY M. PLUMLEY, Staff Associate 

(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 Christopher H. Smith, a Representative in Congress from 

the State of New Jersey and Chairman, Subcommittee on Africa, Global 

Human Rights and International Operations ................................................ 30

Amendment to H.R. 3127 offered by the Honorable Barbara Lee, a Representative in Congress from the State of California .................................... 52

Amendment to H.R. 3127 offered by the Honorable Betty McCollum, a 

Representative in Congress from the State of Minnesota ............................. 55

Amendment to H.R. 3127 offered by the Honorable Barbara Lee ................... 63

Amendment to H.R. 3127 offered by the Honorable Barbara Lee, the Honorable Betty McCollum, and the Honorable Diane E. Watson, a Representative in Congress from the State of California ................................................ 65

Amendment to H.R. 3127 offered by the Honorable Diane E. Watson ............ 69

LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE RECORD 

The Honorable Betty McCollum: The New York Times article entitled ‘‘Sudan 

Still Paying Militias Harassing Darfur, U.S. Says,’’ dated July 21, 2005 ....... 58

(1)

DARFUR PEACE AND ACCOUNTABILITY ACT 

OF 2005

THURSDAY, JULY 21, 2005

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON AFRICA, GLOBAL HUMAN RIGHTS

AND INTERNATIONAL OPERATIONS,

COMMITTEE ON INTERNATIONAL RELATIONS, 

Washington, DC. 

The Subcommittee met, pursuant to notice, at 6:05 p.m. in room 

2172, Rayburn House Office Building, Hon. Christopher H. Smith 

(Chairman of the Subcommittee) presiding. 

Mr. SMITH. Good afternoon. Pursuant to notice, I call up H.R. 

3127, the Darfur Peace and Accountability Act of 2005, for purposes of markup, and move its recommendation to the Full Committee. Without objection, the resolution will be considered as read 

and open for amendment at any point. 

[H.R. 3127 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’’.


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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


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•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


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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 16:07 Oct 05, 2005 Jkt 000000 PO 00000 Frm 00009 Fmt 6633 Sfmt 6633 F:\WORK\AGI\072105M\22580.000 HINTREL1 PsN: SHIRL

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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


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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


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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


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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


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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


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•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 16:07 Oct 05, 2005 Jkt 000000 PO 00000 Frm 00015 Fmt 6633 Sfmt 6633 F:\WORK\AGI\072105M\22580.000 HINTREL1 PsN: SHIRL

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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:


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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


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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:


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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 16:07 Oct 05, 2005 Jkt 000000 PO 00000 Frm 00019 Fmt 6633 Sfmt 6633 F:\WORK\AGI\072105M\22580.000 HINTREL1 PsN: SHIRL

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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


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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


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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


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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.’’.


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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:


22580a.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:


22580a.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


22580a.AAV
23

Mr. SMITH. The Chair recognizes himself for a brief opening 

statement. 

I would say to my colleagues, as you all know, since the crisis 

in the Darfur region of Sudan began 2 years ago, people around the 

world have scrambled to come to the aid of the 2.6 million Darfur 

residents who have been displaced by civil war. Members of this 

Congress, particularly Mr. Hyde, Mr. Payne, Mr. Lantos, Mr. 

Tancredo—really everyone on this Subcommittee—have worked 

hard on this issue over these many years. Several of us have devised legislation to address the pressing need to protect civilians 

from the government that has at times launched furious attacks on 

them. 

The time for action is now, and it is unquestioned. There are too 

few of us who are passionately concerned with African issues, and 

the crisis in Darfur requires a compassionate response applied with 

passionate urgency. That is why we have developed a bipartisan response to this crisis. Because action must be taken soon to prevent 

further loss of life, H.R. 3127 has been carefully crafted to pass 

both houses of Congress in the shortest possible time frame in 

order to be a meaningful expression of our collective concern. 

H.R. 3127 emphasizes the role of the African Union mission in 

Sudan and, like the Senate version, calls for accelerated assistance 

which the African Union has requested to enable it to carry out its 

mission. In fact, the AU has warned that its peacekeeping mission 

in Darfur risks failure unless it receives increased support soon. 

H.R. 3127 calls on the United States to work through NATO to 

help the AU mission provide air support to protect the lives of the 

civilians. It recommends sanctions on the Government of Sudan 

that would affect the petroleum sector and calls for suspension of 

Sudan’s rights and privileges as a member of the U.N. General Assembly unless it honors pledges to cease attacks on civilians. It prohibits trading in the United States capital markets and denies port 

entries to Sudanese vessels. 

H.R. 3127 calls on member states to cease and desist actions that 

support either the Sudanese Government or the Darfur rebels so 

as to cut off arms and material that would keep the fighting going. 

The legislation we are considering today could help save many 

lives and help end the appalling tragedy of Darfur. It is a step in 

that direction. Last month, a coalition of Members of Congress, African advocacy groups, interfaith leaders, women, youth and labor 

unions called on the Administration to take urgent action to protect 

as many as a million people who may be dead by the end of this 

year without urgent action by America and the rest of the world 

community. 

We need to move this legislation through the House and the Senate as quickly as possible to meet the deadlines set for deploying 

African Union peacekeepers to Darfur by mid-September. 

This Subcommittee has long operated on a bipartisan basis to 

protect the interests of Africans and all of Africa. As Chairman, I 

intend to continue that tradition, and I am pleased that H.R. 3127 

is yet another example of our joint efforts to address Africa’s challenges. 

I would like to yield to my friend and colleague, Mr. Payne, for 

comments he might have. 

24

Mr. PAYNE. Thank you very much, Mr. Chairman, and thank you 

for moving this Darfur Peace and Accountability Act of 2005. 

As you know, this bill is the result of what proved to be somewhat tenuous negotiations between a number of offices, and I was, 

to be honest, quite disappointed that the original Darfur Genocide 

Accountability Act, H.R. 1424, was not scheduled for markup, 

would not be scheduled for markup. And in order to move along in 

Darfur, I think that there is too much suffering going on too long, 

and that I did agree to co-sponsor the new legislation that we have 

before us. H.R. 1424 had over 120 co-sponsors and many others interested in coming on board. However, that was 1424, and we are 

now talking about the new legislation before us, which has many 

similar counterparts. Of course, there are some areas that have 

been removed because it is a feeling that they went too far. 

It is important to note that I agreed to co-sponsor Chairman 

Hyde’s bill; he asked me and I said I would, as I mentioned, for 

the sake of the Sudan coalition. And I have to say that the Sudan 

coalition has really been a truly bipartisan effort. It has worked 

with Congressman Wolf, who was here before all of us. When Congressman Royce became Chairman of the Africa Subcommittee, 

Sudan was on the top of the agenda. When Congressman Tancredo 

came to the Congress, he, too, had a very strong interest. And I 

thought it was 2 or 3 years ago that we went to Sudan, he revised 

the number and told me it was 7 or 8 years ago. Time, I guess, 

travels quickly when you are having a good time, or maybe it just 

travels quickly, you know. 

But I do commend my colleagues on the other side of the aisle 

for their continued interest and, of course, the Chairman, who has 

just been concerned about human rights throughout the world. And 

I commend Chairman Smith for his record which stands clear for 

everyone to see. 

And of course, on our side of the aisle, we have stalwarts who 

have from day one as they entered Congress—Congresswoman Lee, 

Congresswoman McCollum, Congressman Meeks, Ambassador Watson—have all been strong supporters of trying to end these dastardly acts that have been going on in Sudan for too long. We had 

a civil war that lasted too long, for 20 years, the north versus the 

south. And people were then saying this was just a war between 

Christians and Muslims, and that the world always condemns 

Muslims because it is the old crusades, and that we had to continually show that this had nothing to do with religion, but Sharia 

law should not be applied throughout the whole country. We appealed that this had nothing to do with bias toward Muslims, that 

it was a north-south fight that should not have been happening, 

that Dr. Garang and his SPLA said that they would not have 

Sharia as a law. And so finally, with the Naivasha accords we have 

seen the north-south issue come to some settlement, and we are 

moving into the new Sudan. 

However, we turned around and heard then about Darfur. No 

longer could we be accused of being anti-Muslim, and that this is 

once again bashing the Government of Sudan because it is Islamic, 

because the people of Darfur are Islamic, too. They carry the same 

Kuran that the people do in Khartoum. They pray the same numVerDate Mar 21 2002 16:07 Oct 05, 2005 Jkt 000000 PO 00000 Frm 00028 Fmt 6633 Sfmt 6633 F:\WORK\AGI\072105M\22580.000 HINTREL1 PsN: SHIRL
25

ber of times in Darfur in the west that they do in the capital city 

of Khartoum. 

And so, all of a sudden, the Government of Khartoum could no 

longer say that is the Christian West and that it is the EU and 

America always saying that the Muslim and Islamic faith is wrong. 

These were Islamic government officials, military officials, Antonov 

plains, bombing Muslim people who lived in Darfur. And the reason was not because they were not good Darfurians. As a matter 

of fact, the government, the army of Sudan in the past was actually 

led by many Darfurians who fought with the Government of Sudan 

and the Islamic, National Islamic Front, against the south. 

And so I want to say that this legislation is not as strong as I 

want it to be, but I feel that we should move it along. Even the 

capital market sanctions, the no-fly zone, the area of using unmanned aircraft to have a no-fly zone, not a single U.S. personnel 

on the ground was in the bill. However, we have a new bill. 

I realize that sometimes we have to compromise, and that is 

what I am doing, and I have accepted the bill as it is. I do hope 

that we can work on much stronger legislation that really holds accountable those who are responsible for this horrific genocide which 

we are still watching today. But we have to be clear and consistent 

with the message that we send. 

I want to take this opportunity to come out strongly against the 

announcement made by Secretary Rice when, en route to Sudan 

yesterday from Senegal, said that the Administration is considering 

upgrading its diplomatic presence in Sudan, and she looks forward 

to the Ambassador level being opened in the Government of Khartoum. I think this is terribly going in the wrong direction. She said: 

‘‘We are looking for the day when we can put Ambassadorial representatives in there, because obviously things are moving pretty 

quickly in Sudan.’’ Rice said she was willing to proclaim a new day 

in terms of our relationship with Sudan. A new day? Should we say 

that there is a new day as the situation in Darfur continues? 

Rice’s statement sends the message to Khartoum that the United 

States is eager to normalize relationships; our only caveat was that 

the move to send an Ambassador will be determined by a resolution of the situation in Darfur. I would like to see more clarity on 

what is considered by the State Department a resolution to the 

problem. Only when the genocide has stopped, when the Janjaweed 

are disarmed and the government troops are completely pulled out 

of Darfur, when the killing ends, when the starvation, when the 

rapes, when all of this ends, that is when we should start to possibly consider sending an Ambassador, when people are no longer 

starving and dying painful deaths due to neglect by their government should we even consider changing our relationships with 

Sudan. 

Dr. John Garang of the SPLA was just sworn in last week as the 

first Vice President. But this does not mean that he will have influence over that government there. He has a title; he is just beginning. We are putting too many eggs in the basket that the Government of Khartoum will be dealing with him. 

So what do we need? We need a special envoy who can devote 

the adequate time. And I commend a bill that talks about a special 

envoy. My last conversation with Mr. Zoellick was that he was not 

26

sure that we needed a special envoy. He said he thought he could 

do the job, with all of the thousands of other things he has to do. 

I think that we should have a special envoy who could devote the 

adequate amount of time and attention, and apply strong pressure 

on the brutal regime in Khartoum. Any other discussion right now 

is simply irresponsible. 

However, the suffering in Darfur continues. The U.S. has done 

a great deal in terms of providing humanitarian assistance, food relief. The United States has been ahead of the rest in Darfur and 

other parts of Sudan. And this is commendable. It was only 1 year 

ago that Secretary Powell traveled to Darfur to witness the horrible situation there. This was the first visit by a U.S. Secretary 

of State to Sudan since 1978, and Secretary Rice’s visit to Darfur 

is welcomed and overdue. 

You may recall when Powell visited Darfur, whip-whaling Sudanese troops kept foreigners away from the Powell entourage. In 

front of our Secretary of State, they used whips to keep people 

away because they did not want the average person to talk to him. 

That same day, students attempting to deliver a petition to Secretary-General Annan during his visit to Khartoum were shot in 

front of the Secretary-General by security forces. There is total disregard for people by the Government of Sudan. Last night, the government emptied out an IDP camp that Annan was supposed to 

visit the night before he visited that camp several months ago. 

So this abusive behavior by the Sudanese security forces should 

be no surprise. Secretary Rice simply got a small taste of what 

President Omar Basheer’s Government is all about when, just 2 

days ago, U.S. officials and reporters were roughed up right in 

front of our Secretary of State and initially forcibly kept her and 

her people from going into the meeting with Basheer. One of the 

top ones, Andrea Mitchell, was pushed away and told to get her 

camera out, that we don’t have our free press here. This is in front 

of our Secretary of State. This is the government that we are talking about normalizing relationships with and having an Ambassador. What more can they do to show you they have a disdain and 

a disrespect for anybody? Our Secretary of State has to have her 

entourage pushed physically by people just yesterday. It is disgraceful. It is a rogue regime, does not deserve the respect even of 

a visit of our Secretary of State. We lower our dignity when we go 

and ask them for permission to visit them. 

So, thank you, Mr. Chairman, for calling this hearing. As you 

can see, this is an issue that has long been on our minds. I would 

like to also mention, though, that I am very pleased that State governments are moving. Senator William Payne had a bill passed 

through the New Jersey legislature, and the State Senate, and 

with your support of the legislation, the letter that we sent together to the New Jersey officials, on Thursday, there will be a divestment bill signed by Governor Codey of New Jersey that will 

say, no longer will pension funds from the people who work in New 

Jersey, no longer can that money be invested in companies doing 

business in Sudan. There will be no more blood money in New Jersey. And so I am so proud that signing will happen next Thursday. 

I will be proud to be there with this legislation. 

27

Illinois will have one that will go into effect in January. We will have $2 to $4 billion removed from the government of companies 

doing business. These are not American companies, because the 

U.S. companies are restricted from doing business in Sudan. 

And so we will continue to press forward, Mr. Chairman. Let me 

thank you for calling this very important bill up so that we can get 

it to the Floor before we adjourn. And thank you. 

Mr. SMITH. Thank you so much, Mr. Payne. 

If the gentleman would yield very briefly, congratulations on the 

work on that legislation in the State House of New Jersey. You and 

I both tried several years back to get the disinvestment from Talisman Oil, which was also another success in New Jersey. 

I would like to yield to Mr. Tancredo. 

Mr. TANCREDO. Thank you so much, Mr. Chairman. I appreciate—well, first of all, I certainly appreciate your bringing this bill 

forward, in the words of my colleague, Mr. Payne. We have indeed 

agreed to many changes, some I am quite concerned about and 

hope that we can address at some future time; one, of course, specifically with dealing with the ICC and the definition of the Government of Sudan. 

We have agreed to various changes requested by the Department 

of State. We have agreed to various changes requested by the office 

of Senator Brownback. So this final piece of legislation is certainly 

not the bill that Congressman Payne and I have labored on and, 

again, Mr. Payne introduced as the primary sponsor. 

You know, recently there were claims being made that the Government of Sudan has reduced or has been able to contain the 

Janjaweed and there have been fewer attacks outside of Darfur 

and on the villages. There is a reason there has been fewer attacks, 

but it has got nothing to do with the Government of Sudan containing the Janjaweed. It is because they have burned every village. There is nothing left to burn. There is not a village left to pillage. So, yes, fewer attacks have been registered, but inside the 

camps and around the camps, of course, there is still great danger 

and women being raped, people being murdered and, of course, we 

know, as Congressman Payne has said, people dying of starvation. 

So I, too, wish that this bill had stronger provisions. Like so 

many things that we do here, though, we have to accommodate the 

desires of others in order to get anything done, and in this case, 

something is better than nothing. And so I will support the bill 

somewhat reluctantly, but with the hope that it will add to the efforts. 

By the way, I should also say—I may be wrong, but it was my 

understanding earlier today when I heard the reports about Secretary Rice, that she in fact did say all those things about what we 

could do in Sudan, but I thought she prefaced them with saying 

only after things had been taken care of in Darfur. I mean, again, 

that was my understanding of her comments. I may be wrong. It 

was the radio coming in today that was the report that she made 

it clear that we could do all of these things and that Sudan could 

enter into the community of nations and we could have a relationship, but only if the issue of Darfur is settled and that these people 

are allowed to both get the supplies they need and, of course, have 

the ability to go back home because the area has been pacified. 

28

So I just want to again thank my Chairman for bringing the bill 

forward and thank Mr. Payne for his leadership as always. Thank 

you, Mr. Chairman. 

Mr. SMITH. Thank you, Mr. Tancredo. 

Ms. Lee. 

Ms. LEE. Thank you, Mr. Chairman. Thank you, again, for your 

continued leadership, and also to Mr. Payne for really always making sure that, when it affects the people of Darfur, the people of 

Africa or anywhere in the world, that he works in a bipartisan 

fashion regardless of whether or not he gets the credit for it. 

And so I just want to thank you, Mr. Payne, for your leadership 

and your commitment. 

Clearly, we must do everything possible to end the murder, rape 

and suffering in Darfur. So while I support the bill before us today, 

I am troubled also that it doesn’t go far enough. Genocide demands 

more. That is why, Mr. Chairman, I will offer a couple of amendments today. One, an amendment regarding the State pension divestment movement along with my colleagues, Congresswomen 

Watson and McCollum, also, a critical amendment to strengthen 

this bill by adding a prohibition on trading in U.S. capital markets. 

I am convinced that we must hit Khartoum where it hurts, and 

that is in the pocketbook, in order to end this genocide. So I look 

forward to our discussions today and the consideration and hopefully the passage of these amendments. 

And, in conclusion, I would just like to say the State of California 

also is moving forward in terms of divesting from our public employee pension funds. We have a bill right now that is waiting on 

the State senate that would divest from California public employment retirement system of the probably $8 to $9 billion in 44 companies. And so I think this movement is taking place, and I think 

we need to do all we can do to rev up our efforts to end this genocide once and for all. 

Thank you, Mr. Chairman. I yield the balance of my time. 

Mr. SMITH. Mr. Meeks. 

Mr. MEEKS. Thank you, Mr. Chairman. And I want to join in 

saying, thank you, to you, Mr. Chairman, as well as Mr. Payne for 

bringing this bill up. 

And I want to echo the words of Congressman Payne who I 

know, particularly in Africa, but all across has been in the forefront. 

And I want to join with the voices that say that I am supporting 

this bill and I think it is good; I think it is, it heads in the right 

direction. But there is much, much more that we can and need to 

do. And we need to send a much stronger message, and I think it 

helps us from being anywhere hypocritical, if you will, when I 

think about the heinous deeds that have taken place already and 

the millions of people that have been killed, and when I think 

about how we now are—and rightly so—the people of Iraq are holding Saddam Hussein for heinous acts that took place with the killing of people, that this seems to be real similar in a much more 

timely fashion that we should be taking action. We waited, you 

know, 1980, 1981 is when these atrocious acts were taking place 

in Iraq. And even though we had members of our Government still 

29

there in the 1980s while these atrocious acts were taking place, he 

is being held now. 

I think we have the opportunity with the Government of Khartoum to now be focused. And we can’t settle to let people who have 

committed these heinous acts and allow them to continue to go on 

and to get away with it. They—anyone that was a part of those 

kind of heinous acts—should be punished to the fullest extent of 

the law. And we should in no way seem to be coddling them, because, remember, it always comes back to haunt us later when 

they end up turning against us. And the warning signs have been 

there already, because if I understand it correctly, in this same 

government, they once hosted Osama bin Laden. And so I am really concerned. 

So I am pleased that in this bill that we ban the sale or supply 

of arms and related material to the Janjaweed or nongovernmental 

entities and individuals. I just wished that we had banned the total 

arms, a ban of arms to the entire country as opposed to just to the 

Janjaweed and the nongovernmental agencies. 

And so, Mr. Chair, I am supporting this bill. I will support the 

amendments that are forwarded also that I think help strengthen 

this bill. It is a great step in the right direction. It shows what can 

happen when Democrats and Republicans sit down and work together. There is some compromise. I will take the first step. I just 

want to make sure that there are more steps to go, because we 

need to go all the way to send a message loud and clear that we 

are not going to tolerate and allow the kind of genocide that has 

taken place in Darfur to continue or to happen anyplace else. 

And I yield back. 

Mr. SMITH. Thank you, Mr. Meeks. 

I have an amendment at the desk in the nature of a substitute. 

Without objection, it will be considered as read. 

[The amendment referred to follows:]

30

1

H.L.C.

AMENDMENT IN THE NATURE OF A SUBSTITUTE

TO H.R. 3127

OFFERED BY MR. SMITH OF NEW JERSEY

Strike all after the enacting clause and insert the

following:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Darfur Peace and Ac3 countability Act of 2005’’.

4 SEC. 2. DEFINITIONS.

5 In this Act:

6 (1) APPROPRIATE CONGRESSIONAL COMMIT7 TEES.—The term ‘‘appropriate congressional com8 mittees’’ means the Committee on International Re9 lations of the House of Representatives and the

10 Committee on Foreign Relations of the Senate.

11 (2) GOVERNMENT OF SUDAN.—

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

13 of Sudan’’ means the National Congress Party,

14 formerly known as the National Islamic Front,

15 government in Khartoum, Sudan, or any suc16 cessor government formed on or after the date

17 of the enactment of this Act (including the coa18 lition National Unity Government agreed upon


22580b.AAB
31

2

H.L.C.

1 in the Comprehensive Peace Agreement for

2 Sudan), except that such term does not include

3 the regional Government of Southern Sudan.

4 (B) OFFICIALS OF THE GOVERNMENT OF

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

6 when used with respect to an official of the

7 Government of Sudan, does not include an

8 individual—

9 (i) who was not a member of such

10 government prior to July 1, 2005; or

11 (ii) who is a member of the regional

12 Government of Southern Sudan.

13 (3) COMPREHENSIVE PEACE AGREEMENT FOR

14 SUDAN.—The term ‘‘Comprehensive Peace Agree15 ment for Sudan’’ means the peace agreement signed

16 by the Government of Sudan and the Sudan Peo17 ple’s Liberation Movement/Army (SPLM/A) in

18 Nairobi, Kenya, on January 9, 2005.

19 SEC. 3. FINDINGS.

20 Congress makes the following findings:

21 (1) On July 22, 2004, the House of Represent22 atives and the Senate declared that the atrocities oc23 curring in the Darfur region of Sudan are genocide.

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

25 Colin L. Powell stated before the Committee on ForVerDate Mar 21 2002 16:07 Oct 05, 2005 Jkt 000000 PO 00000 Frm 00035 Fmt 6633 Sfmt 6633 F:\WORK\AGI\072105M\22580.000 HINTREL1 PsN: SHIRL

22580b.AAC
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3

H.L.C.

1 eign Relations of the Senate, ‘‘[w]hen we reviewed

2 the evidence compiled by our team, along with other

3 information available to the State Department, we

4 concluded that genocide has been committed in

5 Darfur and that the Government of Sudan and the

6 [Janjaweed] bear responsibility—and genocide may

7 still be occurring’’.

8 (3) On September 21, 2004, in an address be9 fore the United Nations General Assembly, Presi10 dent George W. Bush affirmed the Secretary of

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

12 is witnessing terrible suffering and horrible crimes in

13 the Darfur region of Sudan, crimes my government

14 has concluded are genocide’’.

15 (4) On July 30, 2004, the United Nations Se16 curity Council passed Security Council Resolution

17 1556, calling upon the Government of Sudan to dis18 arm the Janjaweed militias and to apprehend and

19 bring to justice Janjaweed leaders and their associ20 ates who have incited and carried out violations of

21 human rights and international humanitarian law,

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

23 and related materiel of all types, including the provi24 sion of related technical training or assistance, to all


22580b.AAD
33

4

H.L.C.

1 nongovernmental entities and individuals, including

2 the Janjaweed.

3 (5) On September 18, 2004, the United Na4 tions Security Council passed Security Council Reso5 lution 1564, determining that the Government of

6 Sudan had failed to meet its obligations under Secu7 rity Council Resolution 1556, calling for a military

8 flight ban in and over the Darfur region, demanding

9 the names of Janjaweed militiamen disarmed and

10 arrested for verification, establishing an Inter11 national Commission of Inquiry on Darfur to inves12 tigate violations of international humanitarian and

13 human rights laws, and threatening sanctions should

14 the Government of Sudan fail to fully comply with

15 Security Council Resolutions 1556 and 1564, includ16 ing such actions as to affect Sudan’s petroleum sec17 tor or individual members of the Government of

18 Sudan.

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

20 released the Report of the International Commission

21 of Inquiry on Darfur, which had been submitted to

22 the United Nations Secretary-General on January

23 25, 2005.

24 (7) The Report of the International Commis25 sion of Inquiry on Darfur established that the ‘‘GovVerDate Mar 21 2002 16:07 Oct 05, 2005 Jkt 000000 PO 00000 Frm 00037 Fmt 6633 Sfmt 6633 F:\WORK\AGI\072105M\22580.000 HINTREL1 PsN: SHIRL

22580b.AAE
34

5

H.L.C.

1 ernment of the Sudan and the Janjaweed are re2 sponsible for serious violations of international

3 human rights and humanitarian law amounting to

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

5 were conducted on a widespread and systematic

6 basis, and therefore may amount to crimes against

7 humanity,’’ and that Sudanese officials and other in8 dividuals may have acted with ‘‘genocidal intent’’.

9 (8) The Report of the International Commis10 sion of Inquiry on Darfur further notes that, pursu11 ant to its mandate and in the course of its work, the

12 Commission had collected information relating to in13 dividual perpetrators of acts constituting ‘‘violations

14 of international human rights law and international

15 humanitarian law, including crimes against human16 ity and war crimes’’ and that a sealed file containing

17 the names of those individual perpetrators had been

18 delivered to the United Nations Secretary-General.

19 (9) On March 24, 2005, the United Nations Se20 curity Council passed Security Council Resolution

21 1590, establishing the United Nations Mission in

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

23 personnel and 715 civilian police and tasked with

24 supporting implementation of the Comprehensive

25 Peace Agreement for Sudan and ‘‘closely and conVerDate Mar 21 2002 16:07 Oct 05, 2005 Jkt 000000 PO 00000 Frm 00038 Fmt 6633 Sfmt 6633 F:\WORK\AGI\072105M\22580.000 HINTREL1 PsN: SHIRL

22580b.AAF
35

6

H.L.C.

1 tinuously liais[ing] and coordinat[ing] at all levels

2 with the African Union Mission in Sudan (AMIS)

3 with a view towards expeditiously reinforcing the ef4 fort to foster peace in Darfur’’.

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

6 Security Council passed Security Council Resolution

7 1591, extending the military embargo established by

8 Security Council Resolution 1556 to all the parties

9 to the N’djamena Ceasefire Agreement and any

10 other belligerents in the states of North Darfur,

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

12 freeze and travel ban against those individuals who

13 impede the peace process, constitute a threat to sta14 bility in Darfur and the region, commit violations of

15 international humanitarian or human rights law or

16 other atrocities, are responsible for offensive military

17 overflights, or violate the military embargo, and es18 tablishing a Committee of the Security Council and

19 a Panel of Experts to assist in monitoring compli20 ance with Security Council Resolutions 1556 and

21 1591.

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

23 Security Council passed Security Council Resolution

24 1593, referring the situation in Darfur since July 1,

25 2002, to the prosecutor of the International CrimiVerDate Mar 21 2002 16:07 Oct 05, 2005 Jkt 000000 PO 00000 Frm 00039 Fmt 6633 Sfmt 6633 F:\WORK\AGI\072105M\22580.000 HINTREL1 PsN: SHIRL

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H.L.C.

1 nal Court and calling on the Government of Sudan

2 and all parties to the conflict to cooperate fully with

3 the Court.

4 (12) In remarks before the G–8 Summit on

5 June 30, 2005, President Bush reconfirmed that

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

7 human cost is beyond calculation’’.

8 SEC. 4. SENSE OF CONGRESS.

9 It is the sense of Congress that—

10 (1) the atrocities unfolding in the Darfur region

11 of Sudan have been and continue to be genocide;

12 (2) the African Union should rapidly expand

13 the size and amend the mandate of the African

14 Union Mission in Sudan (AMIS) to authorize such

15 action as may be necessary to protect civilians and

16 humanitarian operations, and deter violence in the

17 Darfur region without delay;

18 (3) the international community, including the

19 United Nations, the North Atlantic Treaty Organi20 zation (NATO), the European Union, and the

21 United States, should immediately act to mobilize

22 sufficient political, military, and financial resources

23 to support the expansion of the African Union Mis24 sion in Sudan so that it achieves the size, strength,

25 and capacity necessary for protecting civilians and


22580b.AAH
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8

H.L.C.

1 humanitarian operations, and ending the continued

2 violence in the Darfur region;

3 (4) if an expanded and reinforced African

4 Union Mission in Sudan fails to stop genocide in the

5 Darfur region, the international community should

6 take additional, dispositive measures to prevent and

7 suppress acts of genocide in the Darfur region;

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

9 United Nations, the United Nations Security Coun10 cil should call for suspension of the Government of

11 Sudan’s rights and privileges of membership by the

12 General Assembly until such time as the Govern13 ment of Sudan has honored pledges to cease attacks

14 upon civilians, demobilize the Janjaweed and associ15 ated militias, and grant free and unfettered access

16 for deliveries of humanitarian assistance in the

17 Darfur region;

18 (6) the President should use all necessary and

19 appropriate diplomatic means to ensure the full dis20 charge of the responsibilities of the Committee of

21 the United Nations Security Council and the Panel

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

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

24 (7) the United States should not provide assist25 ance to the Government of Sudan, other than assistVerDate Mar 21 2002 16:07 Oct 05, 2005 Jkt 000000 PO 00000 Frm 00041 Fmt 6633 Sfmt 6633 F:\WORK\AGI\072105M\22580.000 HINTREL1 PsN: SHIRL

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H.L.C.

1 ance necessary for the implementation of the Com2 prehensive Peace Agreement for Sudan, the support

3 of the regional Government of Southern Sudan and

4 marginalized areas in northern Sudan (including the

5 Nuba Mountains, Southern Blue Nile, Abyei, East6 ern Sudan (Beja), Darfur, and Nubia), as well as

7 marginalized peoples in and around Khartoum, or

8 for humanitarian purposes in Sudan, until such time

9 as the Government of Sudan has honored pledges to

10 cease attacks upon civilians, demobilize the

11 Janjaweed and associated militias, and grant free

12 and unfettered access for deliveries of humanitarian

13 assistance in the Darfur region;

14 (8) the President should seek to assist members

15 of the Sudanese diaspora in the United States by es16 tablishing a student loan forgiveness program for

17 those individuals who commit to return to southern

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

19 purpose of contributing professional skills needed for

20 the reconstruction of southern Sudan;

21 (9) the President should appoint a Presidential

22 Envoy for Sudan to provide stewardship of efforts to

23 implement the Comprehensive Peace Agreement for

24 Sudan, seek ways to bring stability and peace to the

25 Darfur region, address instability elsewhere in


22580b.AAJ
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10

H.L.C.

1 Sudan and northern Uganda, and pursue a truly

2 comprehensive peace throughout the region;

3 (10) the international community should

4 strongly condemn attacks against humanitarian

5 workers and demand that all armed groups in the

6 Darfur region, including the forces of the Govern7 ment of Sudan, the Janjaweed, associated militias,

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

9 Justice and Equality Movement (JEM), and all

10 other armed groups to refrain from such attacks;

11 (11) the United States should fully support the

12 Comprehensive Peace Agreement for Sudan and

13 urge rapid implementation of its terms; and

14 (12) the Sudan People’s Liberation Movement

15 should seek to play a constructive role in bringing

16 about a political settlement to the crisis in the

17 Darfur region.

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

19 (a) BLOCKING OF ASSETS AND RESTRICTION ON

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

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

22 is amended—

23 (1) in the heading of subsection (b), by insert24 ing ‘‘OF APPROPRIATE SENIOR OFFICIALS OF THE

25 SUDANESE GOVERNMENT’’ after ‘‘ASSETS’’;


22580b.AAK
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11

H.L.C.

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

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

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

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

6 VISAS OF CERTAIN INDIVIDUALS IDENTIFIED BY THE

7 PRESIDENT.—

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

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

10 of the Darfur Peace and Accountability Act of 2005,

11 and in the interest of contributing to peace in

12 Sudan, the President shall, consistent with the au13 thorities granted in the International Emergency

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

15 block the assets of any individual who the President

16 determines is responsible, either by commission or

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

18 against humanity in Sudan, including the family

19 members or any associates of such individual to

20 whom assets or property of such individual was

21 transferred on or after July 1, 2002.

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

23 the date that is 30 days after the date of the enact24 ment of the Darfur Peace and Accountability Act of

25 2005, and in the interest of contributing to peace in


22580b.AAL
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12

H.L.C.

1 Sudan, the President shall deny visas and entry to

2 any individual who the President determines is re3 sponsible, either by commission or omission, for acts

4 of genocide, war crimes, or crimes against humanity

5 in Sudan, including the family members or any asso6 ciates of such individual to whom assets or property

7 of such individual was transferred on or after July

8 1, 2002.’’.

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

10 Peace in Sudan Act of 2004 (as redesignated by sub11 section (a)) is amended by adding at the end the following

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

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

14 an individual if, prior to exercising the waiver, the Presi15 dent transmits to the appropriate congressional commit16 tees a notification of the waiver which includes the name

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

18 SEC. 6. ADDITIONAL AUTHORITIES TO DETER AND SUP19 PRESS GENOCIDE IN DARFUR.

20 (a) UNITED STATES ASSISTANCE TO SUPPORT

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

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

23 is amended—


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42

13

H.L.C.

1 (1) by striking ‘‘Notwithstanding’’ and insert2 ing ‘‘(a) GENERAL ASSISTANCE.—Notwithstanding’’;

3 and

4 (2) by adding at the end the following new sub5 section:

6 ‘‘(b) ASSISTANCE TO SUPPORT AMIS.—Notwith7 standing any other provision of law, the President is au8 thorized to provide assistance, on such terms and condi9 tions as the President may determine and in consultation

10 with the appropriate congressional committees, to rein11 force the deployment and operations of an expanded Afri12 can Union Mission in Sudan (AMIS) with the mandate,

13 size, strength, and capacity to protect civilians and hu14 manitarian operations, stabilize the Darfur region of

15 Sudan and dissuade and deter air attacks directed against

16 civilians and humanitarian workers, including but not lim17 ited to providing assistance in the areas of logistics, trans18 port, communications, materiel support, technical assist19 ance, training, command and control, aerial surveillance,

20 and intelligence.’’.

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

22 President shall instruct the United States Permanent

23 Representative to the North Atlantic Treaty Organization

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

25 States at NATO to advocate NATO reinforcement of the


22580b.AAN
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14

H.L.C.

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

2 of the African Union, including but not limited to the pro3 vision of assets to dissuade and deter offensive air strikes

4 directed against civilians and humanitarian workers in the

5 Darfur region of Sudan and other logistical, transpor6 tation, communications, training, technical assistance,

7 command and control, aerial surveillance, and intelligence

8 support.

9 (c) DENIAL OF ENTRY AT UNITED STATES PORTS

10 TO CERTAIN CARGO SHIPS OR OIL TANKERS.—

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

12 all necessary and appropriate steps to deny the Gov13 ernment of Sudan access to oil revenues, including

14 by prohibiting entry at United States ports to cargo

15 ships or oil tankers engaged in business or trade ac16 tivities in the oil sector of Sudan or involved in the

17 shipment of goods for use by the armed forces of

18 Sudan, to ensure that the Government of Sudan nei19 ther directly nor indirectly utilizes any oil revenues

20 to purchase or acquire offensive military equipment

21 or to finance offensive military activities.

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

23 apply with respect to cargo ships or oil tankers in24 volved in an internationally-recognized demobiliza25 tion program or the shipment of non-lethal assistVerDate Mar 21 2002 16:07 Oct 05, 2005 Jkt 000000 PO 00000 Frm 00047 Fmt 6633 Sfmt 6633 F:\WORK\AGI\072105M\22580.000 HINTREL1 PsN: SHIRL

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H.L.C.

1 ance necessary to carry out elements of the Com2 prehensive Peace Agreement for Sudan.

3 (d) PROHIBITION ON ASSISTANCE TO COUNTRIES IN

4 VIOLATION OF UNITED NATIONS SECURITY COUNCIL

5 RESOLUTIONS 1556 AND 1591.—

6 (1) PROHIBITION.—Amounts made available to

7 carry out the Foreign Assistance Act of 1961 (22

8 U.S.C. 2151 et seq.) may not be used to provide as9 sistance to the government of a country that is in

10 violation of the embargo on military assistance with

11 respect to Sudan imposed pursuant to United Na12 tions Security Council Resolutions 1556 (July 30,

13 2004) and 1591 (March 29, 2005).

14 (2) WAIVER.—The President may waive the ap15 plication of paragraph (1) if the President deter16 mines and certifies to the appropriate congressional

17 committees that it is in the national security inter18 ests of the United States to do so.

19 SEC. 7. MULTILATERAL EFFORTS.

20 The President shall direct the United States Perma21 nent Representative to the United Nations to use the voice

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

23 resolution by the United Nations Security Council which—

24 (1) supports the expansion of the African Union

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


22580b.AAP
45

16

H.L.C.

1 mandate, size, strength, and capacity needed to pro2 tect civilians and humanitarian operations, and dis3 suade and deter fighting and violence in the Darfur

4 region of Sudan, and urges member states of the

5 United Nations to accelerate political, material, fi6 nancial, and other assistance to the African Union

7 toward this end;

8 (2) reinforces efforts of the African Union to

9 negotiate peace talks between the Government of

10 Sudan, the Sudan Liberation Movement/Army

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

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

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

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

15 the N’Djamena Ceasefire Agreement of April 8,

16 2004 and subsequent agreements, urges all parties

17 to engage in peace talks without preconditions and

18 seek to resolve the conflict, and strongly condemns

19 all attacks against humanitarian workers in the

20 Darfur region;

21 (3) imposes sanctions against the Government

22 of Sudan, including sanctions against individual

23 members of the Government of Sudan, and entities

24 controlled or owned by officials of the Government

25 of Sudan or the National Congress Party in Sudan;


22580b.AAQ
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17

H.L.C.

1 (4) extends the military embargo established by

2 United Nations Security Council Resolutions 1556

3 (July 30, 2004) and 1591 (March 29, 2005) to in4 clude a total prohibition on the sale or supply of of5 fensive military equipment to the Government of

6 Sudan, except for use in an internationally-recog7 nized demobilization program or for non-lethal as8 sistance necessary to carry out elements of the Com9 prehensive Peace Agreement for Sudan;

10 (5) 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 and 1591, to immediately cease and desist; and

19 (6) acting under Article 5 of the Charter of the

20 United Nations, calls for suspension of the Govern21 ment of Sudan’s rights and privileges of membership

22 by the General Assembly until such time as the Gov23 ernment of Sudan has honored pledges to cease at24 tacks upon civilians, demobilize the Janjaweed and

25 associated militias, and grant free and unfettered acVerDate Mar 21 2002 16:07 Oct 05, 2005 Jkt 000000 PO 00000 Frm 00050 Fmt 6633 Sfmt 6633 F:\WORK\AGI\072105M\22580.000 HINTREL1 PsN: SHIRL

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H.L.C.

1 cess for deliveries of humanitarian assistance in the

2 Darfur region.

3 SEC. 8. REPORTS.

4 (a) REPORT ON AFRICAN UNION MISSION IN SUDAN

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

6 107–245; 50 U.S.C. 1701 note) is amended—

7 (1) by redesignating subsection (c) as sub8 section (d); and

9 (2) by inserting after subsection (b) the fol10 lowing new subsection:

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

12 (AMIS).—Not later than 30 days after the date of the

13 enactment of the Darfur Peace and Accountability Act of

14 2005, and in conjunction with reports required under sub15 sections (a) and (b) of this section thereafter, the Sec16 retary of State shall submit to the appropriate congres17 sional committees a report, to be prepared in conjunction

18 with the Secretary of Defense, on—

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

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

21 and capacity necessary to stabilize the Darfur region

22 of Sudan and protect civilians and humanitarian op23 erations;

24 ‘‘(2) the needs of AMIS to ensure success, in25 cluding in the areas of housing, transport, commuVerDate Mar 21 2002 16:07 Oct 05, 2005 Jkt 000000 PO 00000 Frm 00051 Fmt 6633 Sfmt 6633 F:\WORK\AGI\072105M\22580.000 HINTREL1 PsN: SHIRL

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H.L.C.

1 nications, equipment, technical assistance, training,

2 command and control, intelligence, and such assist3 ance as is necessary to dissuade and deter attacks,

4 including by air, directed against civilians and hu5 manitarian operations;

6 ‘‘(3) the current level of United States assist7 ance and other assistance provided to AMIS, and a

8 request for additional United States assistance, if

9 necessary;

10 ‘‘(4) the status of North Atlantic Treaty Orga11 nization (NATO) plans and assistance to support

12 AMIS; and

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

14 its mission in the Darfur region.’’.

15 (b) REPORT ON SANCTIONS IN SUPPORT OF PEACE

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

17 Law 107–245; 50 U.S.C. 1701 note), as amended by sub18 section (a), is further amended—

19 (1) by redesignating subsection (d) (as redesig20 nated) as subsection (e); and

21 (2) by inserting after subsection (c) the fol22 lowing new subsection:

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

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

25 the enactment of the Darfur Peace and Accountability Act


22580b.AAT
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20

H.L.C.

1 of 2005, and in conjunction with reports required under

2 subsections (a), (b), and (c) of this section thereafter, the

3 Secretary of State shall submit to the appropriate congres4 sional committees a report regarding sanctions imposed

5 under subsections (a) through (d) of section 6 of the Com6 prehensive Peace in Sudan Act of 2004, including—

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

8 under such provisions of law; and

9 ‘‘(2) the name of the individual or entity sub10 ject to the sanction, if applicable.’’.

11 (c) REPORT ON INDIVIDUALS IDENTIFIED BY THE

12 UNITED NATIONS AS RESPONSIBLE FOR GENOCIDE, WAR

13 CRIMES, AND CRIMES AGAINST HUMANITY IN DARFUR.—

14 Section 8 of the Sudan Peace Act (Public Law 107–245;

15 50 U.S.C. 1701 note), as amended by subsections (a) and

16 (b), is further amended—

17 (1) by redesignating subsection (e) (as redesig18 nated) as subsection (f); and

19 (2) by inserting after subsection (d) the fol20 lowing new subsection:

21 ‘‘(e) REPORT ON INDIVIDUALS IDENTIFIED BY THE

22 UNITED NATIONS AS RESPONSIBLE FOR GENOCIDE, WAR

23 CRIMES, AND CRIMES AGAINST HUMANITY IN DARFUR.—

24 Not later than 30 days after the date on which the United

25 States has access to any of the names of the individuals


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21

H.L.C.

1 identified by the International Commission of Inquiry on

2 Darfur (established pursuant to United Nations Security

3 Council Resolution 1564 (2004)), or the names of the indi4 viduals designated by the Committee of the United Na5 tions Security Council (established pursuant to United

6 Nations Security Council Resolution 1591 (2005)), the

7 Secretary of State shall submit to the appropriate congres8 sional committees a report containing the determination

9 of the President as to whether such individuals are subject

10 to sanctions under section 6 of the Comprehensive Peace

11 in Sudan Act of 2004 and the reasons for such determina12 tion.’’.


22580b.AAV
51

Mr. SMITH. I would like to make a very brief statement and, 

without objection, have a full explanation of that amendment which 

has been worked out with the Minority. It is primarily a technical 

amendment, but I will give you an example. 

In the section concerning additional authorities to deter and suppress genocide in Darfur, we are delinking this provision from 

sanctions imposed pursuant to the Sudan Peace Act. Consequently, 

it will be applicable following the conclusion of the comprehensive 

peace agreement for Sudan. 

We are also adding clarifying language to provide exceptions for 

internationally recognized demobilization efforts and security and 

destruction in south Sudan. 

We also have consulted with the Department of State and received some very good input from them so that we will not have 

any unintended consequences from this legislation. Again, this has 

been completely shared with the Minority, and it has been concurred with. 

I would like to ask, are there any amendments to the amendment in the nature of a substitute? 

Ms. Lee. 

Ms. LEE. Yes, Mr. Chairman. I have an amendment at the desk. 

Mr. SMITH. The clerk will report the amendment. 

Ms. PLUMLEY. Which amendment? 

Ms. LEE. This is amendment number one. 

Ms. PLUMLEY. Amendment to H.R. 3127 offered by Ms. Lee——

Mr. SMITH. Without objection, the amendment will be considered 

as read. The gentlelady is recognized in support of her amendment. 

[The amendment referred to follows:]

52

1

H.L.C.

AMENDMENT TO H.R. 3127

OFFERED BY MS. LEE OF CALIFORNIA

(Page and Line Numbers Refer to the Amendment in the

Nature of a Substitute)

Page 10, line 13, strike ‘‘and’’.

Page 10, line 17, strike the period at the end and

insert ‘‘; and’’.

Page 10, after line 17, insert the following new

paragraph:

1 (13) the State of Illinois should be commended

2 for enacting legislation to curb investments in Sudan

3 and other States should be encouraged to follow the

4 model of Illinois.


22580c.AAB
53

Ms. LEE. Thank you, Mr. Chairman. This is a very simple 

amendment. It is really a one-sentence sense of Congress provision 

which commends the State of Illinois for enacting legislation to 

curb investments in Sudan, and encourages other States to follow 

it as a model. 

For those of you who may not be familiar with Illinois legislation, 

on June 25th, the governor signed Senate Bill 23, a measure offered by Senator Collins and Jones to suspend State investment in 

companies doing business in Sudan. The measure had passed the 

general assembly with very wide bipartisan support in May. The 

bill prohibits the State treasury from depositing funds or contracting with any financial institution doing business in the Sudan. 

The bill also prohibits State retirement systems and pension funds 

from loaning or investing in any company that invests in or does 

business with Sudan. 

We all know that Federal law currently prohibits United States 

companies from directly doing business with companies in the 

Sudan. The Illinois bill goes a necessary step further by targeting 

investments in foreign companies that do business in Sudan. The 

bill places responsibility on financial institutions and fund-managing companies by requiring a certificate stating that they are not 

engaged with any company they are forbidden from doing business 

within Sudan. The bill exempts companies certified as nongovernmental organizations by the United Nations or ones that are engaged solely in providing goods and services for relieving human 

suffering or to promote welfare, health, and religious and spiritual 

activities and education for humanitarian purposes. 

We know from our experience, Mr. Chairman, with South Africa, 

that divestment works, and the Illinois legislation represents an 

excellent model for States all across the country who are either currently considering legislation or who are drafting legislation to divest from State pension funds. As I have stated before in my ongoing efforts to encourage California pension funds, especially the 

Nation’s largest pension fund, which is our own CalPERS, to take 

the moral lead in this fight. Pensioners in California and across 

this land should not have to worry that their investments and their 

retirements are funded by genocide. They do not want blood on 

their hands. So I would encourage each of you to join me today in 

adopting this very simple amendment that encourages States to 

keep up their efforts to defund the genocide that is taking place in 

Darfur and use this bipartisan Illinois model to do so. 

Thank you, Mr. Chairman. And I hope that we can have bipartisan support for this. 

Mr. SMITH. You certainly do have it. We are just upset that you 

beat us to the punch in terms of Illinois versus New Jersey. I understand your amendment number three will include New Jersey. 

Our State expects to have this; acting Governor Codey will sign the 

legislation, I am told, as early as Thursday. We, too, will then join 

Illinois in this very important endeavor. 

Would anyone else like to be heard on the amendment? If not, 

the question occurs on the amendment. All those in favor, say aye. 

Those opposed, no. The ayes have it, and the amendment is agreed 

to. 

Are there any other amendments? 

54

Ms. Lee, Ms. McCollum. 

Ms. MCCOLLUM. Mr. Chair, I have an amendment at the desk. 

Mr. SMITH. The clerk will report the amendment. 

Ms. PLUMLEY. Amendment to H.R. 3127 offered by Ms. McCollum. 

[The amendment referred to follows:]

55

1

H.L.C.

AMENDMENT TO H. R. 3127

OFFERED BY MS. MCCOLLUM OF MINNESOTA

(Page and Line Numbers Refer to the Amendment in the

Nature of a Substitute)

Page 7, after line 11, insert the following new paragraphs:

1 (2) the genocide committed in the Darfur re2 gion of Sudan is the result of acts of terrorism,

3 mass-murder, and systematic acts of rape and sexual

4 violence committed by the Janjaweed and associated

5 militias with the complicity and support of the Gov6 ernment of Sudan;

7 (3) the determination of the Secretary of State

8 that Sudan is a country, the government of which,

9 for purposes of section 6(j) of the Export Adminis10 tration Act of 1979, section 620A of the Foreign As11 sistance Act of 1961, section 40 of the Arms Export

12 Control Act, or any other provision of law, is a gov13 ernment that has repeatedly provided support for

14 acts of international terrorism, should be reaffirmed;

15 (4) the Secretary of State should designate the

16 Janjaweed militia as a foreign terrorist organization


22580d.AAB
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2

H.L.C.

1 under section 219 of the Immigration and Nation2 ality Act;


22580d.AAC
57

Mr. SMITH. Reserve a point of order. 

Ms. MCCOLLUM. Thank you, Mr. Chair. 

I want to thank you for holding this hearing, and I want to 

thank Chairman Royce for the life-moving experience that I had in 

Sudan. And so, Mr. Chair, I offer this amendment on behalf of the 

people of Sudan. 

Sudan is a rogue state. Sudan is a state-sponsored terrorist designated by the Department of State, and it has held that status 

since 1993. In Darfur, the Khartoum regime commits acts of terrorism, supports militias that commit acts of terror, mass murder. 

The systematic rape of girls and women and the destruction of 

some 20,000 villages—excuse me, 2,000 villages. There is more 

than 2 million people that have been driven from their homes, and 

tens of thousands of lives are at risk because of disease and ongoing terrorist acts by Khartoum militias. This is an evil regime. 

Mr. Chairman, genocide is not a number of random incidents of 

violence; genocide is the sum total of horrible systematic acts of 

terror that are perpetrated against civilians. Genocide is the outcome of this terrorism; murder and rape perpetrated with the support and complicity of the Government of Sudan upon Darfur’s children, women, and men. 

Mr. Chairman, I believe my amendment should be noncontroversial. I ask for Congress, along with Ms. Lee and Ms. Watson, we 

ask for Congress to state unequivocally that, first, the genocide in 

Darfur is the outcome of planned acts of terrorism, mass murder, 

the systematic acts of sexual violence and rape committed by the 

Janjaweed and other militias with the support and complicity of 

the Government of Sudan. 

Second, the amendment urges the Department of State to maintain Sudan’s designation as a state sponsor of terrorism. 

And, third, the amendment urges the Department of State to 

designate the Janjaweed militia as a foreign terrorist organization. 

Mr. Chair, today, in the New York Times, under the headline, 

‘‘Sudan Still Pays Militias that are Harassing Darfur, U.S. says.’’ 

and the article states, and I quote from it:

‘‘The Sudanese Government . . . is still paying regular salaries to leaders of militias there that continue to attack and kill 

civilians, say American officials and aid workers stationed in 

Sudan.’’

Last week and again today, the President of Sudan called on the 

United States to lift trade sanctions while his regime continues to 

support genocide. Today, it was reported that Secretary Rice said 

she might consider easing some sanctions on rail and aircraft components. 

This would be appeasing a terrorist regime. It would not be a 

diplomatic success. There must be no mixed messages from the 

United States to Sudan. There must be absolutely no coddling, collaborating with this rogue regime in Khartoum by the U.S. Government. The American people will not tolerate it. 

Hundreds of thousands of innocent people are in graves, yet not 

one single person who perpetrated or supported the terrorism, this 

mass murder, the genocide, has been prosecuted. The Government 

of Sudan, the Janjaweed militia must be held accountable for their 

58

crimes against humanity. These crimes have been committed as a 

result of their direct actions of terrorism, mass murder and genocide. 

I respectfully ask my colleagues to support this amendment. I 

thank you, Mr. Chair, for having this hearing. And, Mr. Chair, I 

would like to enter into the record the full New York Times article 

in which I referred. 

[The information referred to follows:]


22580a.eps
59


22580b.eps
60


22580c.eps
61

Mr. SMITH. Without objection, the full Times article will be made 

a part of the record. Also, the Chair lifts the point of order. There 

is no point of order. We have read your amendment. I think it is 

a good strengthening amendment and am prepared to accept it. 

Would anyone else like to be heard on Ms. McCollum’s amendment? 

Ms. WATSON. Yes, Mr. Chairman. 

Mr. SMITH. Ambassador Watson. 

Ms. WATSON. Mr. Chairman, I want to thank you for calling this 

markup so we can move this legislation forward. 

This bill permits the United States Government to start taking 

concrete steps to protect the people of Darfur from the genocide 

being inflicted on them by leaders of the National Congress Party, 

formerly known as the National Islamic Front. I am a co-sponsor 

of this bill, and I support this effort to compel the National Congress Party to end their genocidal campaign. 

In the course of putting this bill together, however, we have 

made some compromises, and I feel there are some significant 

omissions in the bill which we should seek to ratify before we move 

forward. And in particular, I am distressed that two important provisions are missing from this bill. The first is the authorization 

from the President to use the full range of American power to stop 

the genocide in Darfur. However, with our discussion here at the 

table today, and I know how strongly my colleagues feel, I am not 

going to introduce that particular amendment. But I just want to 

discuss it for a second. 

What the provision would have done would be to emphasize the 

preeminent role of the African Union in solving this crisis. And I 

do support the idea that the African Union should have a leading 

role in ending the Darfur genocide. But we, if we are serious about 

ending the genocide, we should be ready and willing to take the 

necessary steps to do so. Putting these narrow limits on the authority of the President to intervene to stop the genocide signals to the 

world that our attention is divided and our devotion to the cause 

is qualified. We can rectify this situation by giving the President 

fuller authority to act to stop the crisis while still putting the African Union in the forefront of finding a solution. But I think we 

have already discussed that, and so I will not be introducing that 

amendment. 

The second amendment is the removal of capital market sanctions from the bill. And what we have done just a few seconds ago 

on taking up the divestment language that was introduced by Congresswoman Lee and certainly the language that was used to describe the amendment that Congresswoman McCollum just mentioned, I think, takes care of those two areas that we feel were 

omitted in the bill. And so I feel that we have a good start. 

And I just have one more amendment. I think it has already 

been submitted by Mr. Crowley. 

Mr. SMITH. I would advise the gentlelady that we will get to her 

amendment as soon as we dispense with Ms. McCollum’s amendment. 

Ms. WATSON. Okay. So I think that one needs some additional 

language in it based on our recent conversation, so I am going to 

withdraw my amendment. 

62

Thank you, Mr. Chairman. 

Mr. SMITH. I thank you for working very cooperatively with us. 

Would anybody else like to be heard on the McCollum amendment? 

If not, the question occurs on the amendment offered by Ms. 

McCollum. All those in favor, say aye. All those opposed, no. The 

ayes have it, and the amendment is agreed to. 

Are there any other amendments to the amendment? 

Ms. LEE. Mr. Chairman, I have an amendment at the desk. 

Mr. SMITH. The clerk will report the amendment by Ms. Lee. 

Ms. LEE. Amendment number three. 

Ms. PLUMLEY. Amendment to H.R. 3127 offered by Ms. Lee of 

California. 

Mr. SMITH. Without objection, the amendment will be considered 

as read. The gentlelady is recognized. 

[The amendment referred to follows:]

63

1

H.L.C.

AMENDMENT TO H.R. 3127

OFFERED BY MS. LEE OF CALIFORNIA

(Page and Line Numbers Refer to the Amendment in the

Nature of a Substitute)

Page 10, line 13, strike ‘‘and’’.

Page 10, line 17, strike the period at the end and

insert ‘‘; and’’.

Page 10, after line 17, insert the following new

paragraph:

1 (13) the State of Illinois, the State of New Jer2 sey, and other States should be commended for their

3 efforts to curb investments in Sudan.


22580e.AAB
64

Ms. LEE. Thank you, Mr. Chairman. This amendment commends 

and congratulates the State of Illinois and the State of New Jersey 

and other States in their efforts to curb investments in Sudan. 

And let me just say, Mr. Chairman, yes, Illinois was number one, 

but New Jersey will be number two, and I hope California will be 

number three. And so——

Mr. PAYNE. Would the gentlelady yield? 

Ms. LEE. I would yield. 

Mr. PAYNE. The New Jersey legislation goes into effect Friday. Illinois, unfortunately, doesn’t go in until January 1st of 2006. And 

so I do commend them; however, we will be the first. 

Ms. LEE. Well, I will call California and see if we can fast track 

the California legislation. 

So let me say, though, Mr. Chairman, I think it is good that we 

see this movement taking off in our country. And I hope that the 

Sudanese Government and the people of Sudan and the people of 

Darfur understand that we are doing everything that we can do to 

stop this humanitarian disaster which we all recognize as genocide. 

Thank you, Mr. Chairman. 

And congratulations to you and New Jersey and to Mr. Payne. 

Mr. SMITH. The question occurs on the amendment offered by 

Ms. Lee. All those in favor, say aye. Opposed. The ayes have it. The 

amendment is agreed to. 

Are there any further amendments to the legislation? 

Ms. Lee. 

Ms. LEE. Mr. Chairman, I have another final amendment at the 

desk. 

Mr. SMITH. The clerk will report the amendment by Ms. Lee on 

capital markets. 

Ms. PLUMLEY. I don’t have the amendment. Lee number 2? 

Mr. SMITH. Do you want to read it? 

Mr. FREEMAN. Amendment offered by Ms. Lee——

Mr. SMITH. Without objection, the amendment will be considered 

as read. And the gentlelady from California is recognized in support of her amendment. 

[The amendment referred to follows:]

65


22580d.eps
66

Ms. LEE. Thank you, Mr. Chairman. 

This amendment is sponsored by myself, Congresswomen Watson 

and McCollum. And, really, it is an amendment that is very important, and it really is a provision that we have taken directly from 

the previous bill and is critical and provides a very powerful tool 

to bring accountability and peace to Darfur. It is straightforward. 

This amendment basically prohibits any entity engaged in any 

commercial activity in the Sudan from raising capital in the United 

States or for trading securities in any capital market in the United 

States. 

The amendment further provides for penalties under the International Emergency Economic Powers Act, and also allows for Presidential waivers upon proper notification and certification to the 

appropriate congressional committees. 

Mr. Chairman, this amendment represents a powerful tool, as I 

said earlier, in our economic arsenal that would complement and 

would strengthen the bill before us today. Let us be honest: Money 

talks. Money talks everywhere in the world. And when Khartoum 

truly feels the pain in its pocket, we can bet they will begin to at 

least talk about ending genocide, and then hopefully they will act 

accordingly. We know from experience that economic pressure 

works. Don’t we owe this to the victims, the innocent victims of 

genocide in Darfur? I think we need to do everything we can do to 

ensure that they know that we are trying to end their pain and suffering immediately. And so I think the answer is very clear in how 

we do this, how the United States can take the lead in making sure 

that this, again, this humanitarian crisis, this disaster, this genocide ends. 

Thank you, Mr. Chairman. 

Mr. SMITH. Thank you very much, Ms. Lee. 

I recognize myself briefly to say I strongly support the amendment. In fact, the original Sudan Peace Act, as you may recall, included a similar amendment. It was Tom Tancredo’s bill that was 

added by Spencer Bachus that had this very provision, but regrettably was dropped in conference when the Senate objected vigorously to it. Hopefully, we can take another shot at it. It is a good 

amendment, and I think it strengthens the bills. 

Mr. Payne. 

Mr. PAYNE. Yes, Mr. Chairman, will you yield? Let me just indicate that, as you know with the Naivasha peace accords, we have 

a Southern Sudan that is the new side, is the place that may be 

its capital. And Dr. John Garang will be President of the new 

Sudan. I just want to make it clear that, in our legislation, it does 

not prohibit investment into the south of Sudan, which is not a 

part of Khartoum. There is a line that separates the two. So we 

will certainly be encouraging investment into the south of Sudan. 

And so we want everyone to know that it does restrict even the divestment. We will actually even recommend the money being divested from companies doing business in Khartoum look at Southern Sudan where there are tremendous opportunities. Thank you. 

Mr. SMITH. Would anyone else like to be heard? 

Mr. Fortenberry. 

67

Mr. FORTENBERRY. I think that is an important point to be made. 

And if you could clarify that a little bit further, that would be very 

helpful here. 

Mr. PAYNE. Well, the Naivasha accord, the north-south conflict 

has been going on since the NIF Government took over militarily 

in 1984. And so we are very sensitive, and I have visited Southern 

Sudan on several occasions. There is self-governing in south Sudan. 

They will be installing—Dr. John Garang is actually President of 

south Sudan and Vice President of the Government of Sudan. That 

is the reason why there are two separate governments. 

As a matter of fact, after the 6 years in the legislation that the 

north and south have signed, it will be a time, after 6 years, that 

the Sudanese in the south will have a right to vote on whether 

they want to secede from the government and the country of Sudan 

and have as an independent country south Sudan. And so it does 

not impact—as a matter of fact, we believe that by investing in the 

south, the government in Khartoum will understand that it needs 

the south to become a strong unified country and that it will not 

continue to segment the west and the east. 

Mr. FORTENBERRY. If the gentleman would yield. 

Mr. PAYNE. Yes. 

Mr. FORTENBERRY. Should that distinction be made in this 

amendment? 

Mr. PAYNE. Reclaiming my time. It is being, it is in the legislation that the—it is included in the act itself, was in the previous 

bill. Mr. Hyde took most of the bill, as we indicated, took out the 

use of giving the President the authority to use force, it took out 

the no-fly zone, that we were going to use the Predator and the 

U2s and so forth. Those were what were removed from the bill. 

And so it is in the original bill which has not been changed, so it 

is included. 

Mr. FORTENBERRY. And certainly, I am with you in spirit in trying to do whatever you can economically to pressure the regime 

and not empower the regime further from committing acts of genocide. I just worry here that, given there is only one internationally 

recognized Government of Sudan, and I am not very clear on the 

explanation regarding the distinctions that can be made between 

the south and the north at this point, that is troubling. 

Mr. PAYNE. Reclaiming my time. There is a distinction. We have 

been following this for 18 years. I will be in Southern Sudan at the 

signing of the new Government of Sudan. 

Believe me, I would be the last person in the world to pass legislation that would hurt the south of Sudan that has suffered from 

Sharia law, have suffered from bombing; 2 million people have died 

in the south of Sudan because of the Government of Sudan. So, 

take my word, this does not apply to the Government of Southern 

Sudan which is called the GoSS. GoSS is the way that GoSS is—

it is section—page 9, line 24: The United States should not provide 

assistance to the Government of Sudan other than assistance necessary for the implementation of the comprehensive peace agreement for Sudan, the support of the regional Government of Southern Sudan in marginalized areas in Sudan including Nuba Mountains, South Blue Nile, Abia, eastern Sudan, Beja, Darfur and 

Nubia. So the gentleman would look at the amendment in the naVerDate Mar 21 2002 16:07 Oct 05, 2005 Jkt 000000 PO 00000 Frm 00071 Fmt 6633 Sfmt 6633 F:\WORK\AGI\072105M\22580.000 HINTREL1 PsN: SHIRL
68

ture of a substitute on page 8 and 9, and it clearly brings that out. 

Line 24, section 7. 

Mr. SMITH. Dr. Boozman. 

Mr. BOOZMAN. No. 

Mr. SMITH. I thought you wanted to talk. 

Mr. BOOZMAN. Well, I did. I am trying to get this straight, too, 

if we are talking about language that is in this bill versus language 

that is in another bill that clearly states what we are trying to do. 

Mr. PAYNE. It is the same bill. Mr. Smith is offering an amendment in the nature of a substitute, 3127. And it is on your desk. 

If anyone—and even the gentleman to your right. If he looks at 

page 8 and reads it, line 24, section 7, it is about as clear—I think 

it is very clear. 

Thank you, Mr. Chairman. 

Mr. SMITH. Thank you. 

Would anyone else like to be heard on the amendment by Ms. 

Lee? If not, the question occurs on the amendment by the 

gentlelady from California, Ms. Lee. All those in favor, say aye. All 

those opposed, no. The ayes have it, and the amendment is agreed 

to. 

Are there any other amendments to the bill or to the amendment 

in the nature of a substitute? 

Ambassador Watson. 

Ms. WATSON. Yes. 

Mr. SMITH. You have an amendment? 

Ms. WATSON. Yes. 

Mr. SMITH. The clerk will report the Watson amendment. 

Ms. PLUMLEY. Amendment to H.R. 3127 offered by Ms. Watson 

of California——

Mr. SMITH. Without objection, the amendment will be considered 

as read. The gentlelady is recognized. 

[The amendment referred to follows:]

69


22580e.eps
70

2

H.L.C.

1 (13) Secretary of State Condoleezza Rice

2 should be commended for pressing the new Govern3 ment of Sudan to take decisive action to end the

4 atrocities in the Darfur region and for defending

5 United States officials and the freedom of the Amer6 ican press during a meeting with President el-Bashir

7 on July 21, 2005, when Sudanese officials forcibly

8 removed American reporters for questioning the poli9 cies of the Sudanese Government in relation to the

10 genocide in Darfur.


22580f.AAC
71

Ms. WATSON. Thank you, Mr. Chairman. And I offer this amendment today with Mr. Crowley, and in response to events that occurred this morning in Khartoum. I believe it would be a great 

omission for us to pass this bill today if we fail to include an acknowledgement of the latest example of the thuggery of the National Congress Party in Khartoum. 

Earlier today, as we all know, United States Government personnel and American journalists were physically harassed and mistreated by armed Sudanese guards. One State Department official 

was roughly shoved against the wall. Reporter Andrea Mitchell’s 

microphone was snatched away from her when she tried to ask a 

question. When American officials protested saying, ‘‘We have a 

free press in America,’’ the answer they received from the Basheer 

thugs was succinct: ‘‘Well, we don’t have one here.’’ All this occurred while Secretary Rice was sitting in a meeting with Basheer. 

Mr. Chairman, this would be bad enough if it were an isolated 

incident. Unfortunately, this is standard operating procedure for 

Basheer and the National Congress Party. The genocide in Darfur 

is not a unique reaction to a unique political threat. Rather, according to Alex de Waal of the British group, Justice Africa, it is the 

routine cruelty of a security cabal. It is humanity withered by 

years in power. It is genocide by force of habit. Genocide for this 

regime is in its practice method of solving political problems. In the 

same way Tamany Hall relied on political patronage, in the same 

way an urban politician, a multiethnic coalition, the National Congress Party relies on genocide to stay in power. Mr. Chairman, this 

episode reminds us that this is not a regime open to negotiation. 

As I have heard Mr. Tancredo say, the Khartoum regime does 

nothing unless we force them to. So I would urge my colleagues to 

include this language in the bill to remind ourselves and the world 

of the true nature of this regime, and I need to hold strong in compelling them to end this genocide. 

What I would like to do is add on, Mr. Chairman, another provision, that would be subsection 14; and, in essence, it would say 

something like this: The Secretary of State, Condoleezza Rice, 

should not offer normalcy until the Government of the Sudan stops 

the terrorism and genocide in Darfur, Sudan consistent with—and 

we have some language. 

So I am going to withdraw it for the moment, and I can add it 

at another time when we work out the language. 

Thank you so much, Mr. Chairman. 

Mr. SMITH. So the entire amendment, including number 14, 

which you are working on language, is withdrawn? 

Ms. WATSON. Yes. I will submit it at another time, Mr. Chairman. 

Mr. SMITH. Are there any other amendments to the amendment 

in the nature of a substitute? 

If not, the question occurs on the amendment in the nature of a 

substitute as amended. 

All those in favor, say aye. All those opposed, no. 

The amendment in the nature of a substitute is agreed to. 

The question occurs now on the motion to report the resolution 

H. Res. 3127, the Darfur Peace and Accountability Act of 2005, favorably, as amended. 

72

All those in favor, say aye. Those opposed, no. 

The motion is approved, and the resolution is reported favorably. 

Without objection, the staff is directed to make any technical and 

conforming amendments. 

I want to thank all the Members of the Subcommittee for coming 

late in the evening, or early evening I should say, for this markup 

and for producing this bipartisan piece of legislation. The markup 

is adjourned. 

[Whereupon, at 6:57 p.m., the Subcommittee was adjourned.]

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