[Congressional Record Volume 150, Number 125 (Wednesday, October 6, 2004)]
[House]
[Pages H8393-H8398]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[[Page H8393]]
                    COMPREHENSIVE PEACE IN SUDAN ACT

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

                               H.R. 5061

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Comprehensive Peace in Sudan 
     Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on International Relations of the House of Representatives 
     and the Committee on Foreign Relations of the Senate.
       (2) JEM.--The term ``JEM'' means the Justice and Equality 
     Movement.
       (3) SPLM.--The term ``SPLM'' means the Sudan People's 
     Liberation Movement.
       (4) SLA.--The term ``SLA'' means the Sudan Liberation Army.
       (5) Government of sudan.--The term ``Government of Sudan'' 
     means the National Islamic Front-led government in Khartoum, 
     Sudan, or any successor government formed on or after the 
     date of the enactment of this Act (other than the coalition 
     government agreed upon in the Nairobi Declaration on the 
     Final Phase of Peace in the Sudan).

     SEC. 3. FINDINGS.

       Congress makes the following findings:
       (1) Since seizing power through a military coup in 1989, 
     the Government of Sudan repeatedly has attacked and 
     dislocated civilian populations in southern Sudan in a 
     coordinated policy of ethnic cleansing that has cost the 
     lives of over 2,000,000 people and displaced more than 
     4,000,000 people.
       (2) The Governments of the United States, the United 
     Kingdom, and Norway each have committed significant resources 
     to promote an internationally supported peace process between 
     the Government of Sudan and the Sudan People's Liberation 
     Movement (SPLM), under the auspices of the Inter-Governmental 
     Authority on Development.
       (3) Following the signing of the Machakos Agreement in July 
     2002, the Government of Sudan and the SPLM reached a number 
     of important agreements on issues such as self-determination, 
     security arrangements, and wealth and power sharing, 
     culminating in a final framework agreement, the Nairobi 
     Declaration on the Final Phase of Peace in the Sudan, signed 
     on June 5, 2004.
       (4) In early 2003, while the Government of Sudan and the 
     SPLM were negotiating for a final, country-wide peace, armed 
     conflict between forces of the Government of Sudan, including 
     militia forces backed by the Government, and rebel forces, 
     including the Sudan Liberation Army (SLA) and the Justice and 
     Equality Movement (JEM), began in the Darfur region of 
     western Sudan.
       (5) Evidence collected by international observers in the 
     Darfur region between February 2003 and September 2004 
     indicate a coordinated effort to target African Sudanese 
     civilians in a scorched earth policy, similar to that which 
     was employed in southern Sudan, that has destroyed African 
     Sudanese villages, killing and driving away its people, while 
     Arab Sudanese villages have been left unscathed.
       (6) As a result of this campaign, which the United States 
     Congress and executive branch have declared to be genocide, 
     an estimated 50,000 people have been killed, 1,200,000 people 
     have been internally displaced, and 200,000 people have been 
     forced to flee to neighboring Chad.
       (7) Reports further indicate the systematic rape of 
     thousands of women and girls, the abduction of women and 
     children, and the destruction of hundreds of ethnically 
     African villages, including the poisoning of their wells and 
     the plunder of their crops and cattle upon which the people 
     of such villages sustain themselves.
       (8) The Government of Sudan conducted aerial attack 
     missions and deadly raids across the international border 
     between Sudan and Chad in an illegal effort to pursue 
     Sudanese civilians seeking refuge in Chad.
       (9) In addition to the thousands of violent deaths directly 
     caused by ongoing Sudanese military and government sponsored 
     militia attacks in the Darfur region, the Government of Sudan 
     has restricted humanitarian access to the region, primarily 
     through bureaucratic and administrative obstruction, in an 
     attempt to inflict the most devastating harm on those 
     individuals displaced from their villages and homes without 
     any means of sustenance or shelter.
       (10) The Government of Sudan's continued support for the 
     Janjaweed militias and their obstruction of the delivery of 
     food, shelter, and medical care to the Darfur region is 
     estimated by the World Health Organization to be resulting in 
     up to 10,000 deaths per month and, should current trends 
     continue, is projected to escalate to thousands of deaths 
     each day by December 2004.
       (11) The United Nations Special Rapporteur on 
     Extrajudicial, Summary or Arbitrary Executions stated in a 
     recent report to the United Nations Sub-Commission on Human 
     Rights that ``[i]t is beyond doubt that the [G]overnment of 
     Sudan is responsible for extrajudicial and summary executions 
     of large numbers of people over the last several months in 
     the Darfur region'', and that ``[t]he current humanitarian 
     disaster unfolding in Darfur, for which the government is 
     largely responsible, has put millions of civilians at risk''.
       (12) Attacks on civilians in the Darfur region continue 
     despite an April 8, 2004, temporary cease-fire agreement 
     reached between the Government of Sudan and the JEM and SLA 
     rebel groups in N'Djamena, Chad.
       (13) The United Nations High Commissioner for Human Rights 
     identified ``massive human rights violations in Darfur 
     perpetrated by the Government of Sudan and the Janjaweed, 
     which may constitute war crimes and/or crimes against 
     humanity''.
       (14) On July 22, 2004, the United States House of 
     Representatives and Senate both declared that the atrocities 
     unfolding in Darfur, Sudan are genocide.
       (15) On September 9, 2004, Secretary of State Colin L. 
     Powell stated before the Committee on Foreign Relations of 
     the Senate: ``When we reviewed the evidence compiled by our 
     team, along with other information available to the State 
     Department, we concluded that genocide has been committed in 
     Darfur and that the Government of Sudan and the [Janjaweed] 
     bear responsibility--and genocide may still be occurring.''.
       (16) On July 30, 2004, the United Nations Security Council 
     passed Resolution 1556, calling upon the Government of Sudan 
     to disarm the Janjaweed militias, apprehend and bring to 
     justice Janjaweed leaders and their associates who have 
     incited and carried out violations of human rights and 
     international humanitarian law, as well as other atrocities 
     in the Darfur region.
       (17) On September 18, 2004, the United Nations Security 
     Council passed Resolution 1564, determining that the 
     Government of Sudan had failed to meet its obligations under 
     Resolution 1556, calling for a military flight ban in and 
     over the Darfur region, demanding the names of Janjaweed 
     militiamen disarmed and arrested for verification, 
     establishing an International Commission of Inquiry into 
     violations of international humanitarian and human rights 
     laws, and threatening sanctions should the Government of 
     Sudan fail to fully comply with Security Council Resolutions 
     1556 and 1564.
       (18) The African Union's commitment to conflict resolution 
     and peacekeeping on the continent, and its mandate to prevent 
     genocide, has led the organization to engage in both 
     political and military action in an effort to end the 
     conflict in the Darfur region.
       (19) The SPLM should seek to play a constructive role in 
     bringing about a political settlement between the Government 
     of Sudan, the SLA, and the JEM.
       (20) Practical implementation of a comprehensive peace 
     agreement for Sudan, as envisioned in the Sudan Peace Act (50 
     U.S.C. 1701 note), and in the Machakos Protocol of 2002, is 
     hampered by the ongoing violence in the Darfur region and by 
     the Government of Sudan's complicity in the violence.
       (21) The Government of Sudan's complicity in the atrocities 
     in the Darfur region raises fundamental questions about the 
     Government of Sudan's commitment to peace and stability in 
     Sudan.

     SEC. 4. SENSE OF CONGRESS REGARDING GENOCIDE AND THE CONFLICT 
                   IN DARFUR, SUDAN.

       (a) Sudan Peace Act.--It is the sense of Congress that the 
     Sudan Peace Act (50 U.S.C. 1701 note) remains relevant and 
     should be extended to include the Darfur region of Sudan.
       (b) Actions To Address Genocide and the Conflict in 
     Darfur.--It is the sense of Congress that--
       (1) the atrocities unfolding in the Darfur region of Sudan 
     are genocide;
       (2) the Government of Sudan has violated the Convention on 
     the Prevention and Punishment of the Crime of Genocide, 
     signed at Paris on December 9, 1948, to which it is a 
     contracting party, as a result of its complicity in the 
     violence in the Darfur region;
       (3) a legitimate countrywide peace in Sudan will only be 
     possible if the principles enumerated in the 1948 Universal 
     Declaration of Human Rights, as affirmed in the Machakos 
     Protocol of 2002, and the Nairobi Declaration on the Final 
     Phase of Peace in the Sudan, are applied to all of Sudan, 
     including the Darfur region;
       (4) the parties to the Humanitarian Ceasefire on the 
     Conflict in Darfur (the Government of Sudan, the SLA, and the 
     JEM), signed in N'Djamena, Chad, on April 8, 2004, must meet 
     their obligations under that agreement, including--
       (A) to give up the use of force as a means of settling the 
     conflict in the Darfur region;
       (B) to allow safe and immediate access for the provision of 
     humanitarian assistance throughout the Darfur region;
       (C) to allow the deployment of and cooperate with 
     international monitors and security forces; and
       (D) to expedite the conclusion of a political agreement to 
     end the conflict in the Darfur region;
       (5) the President should impose targeted sanctions on the 
     assets and activities of those Sudanese Government officials 
     and other individuals who are determined to be involved in 
     planning, carrying out, or otherwise involved in the policy 
     of genocide in the Darfur region, as well as on the assets 
     and activities of businesses controlled by the Government of 
     Sudan and the National Congress Party;

[[Page H8394]]

       (6) the United States Government should not normalize 
     relations with Sudan, including through the lifting of any 
     sanctions, until the Government of Sudan agrees to and takes 
     demonstrable steps to implement a comprehensive peace 
     agreement for all areas of Sudan, including the Darfur 
     region;
       (7) the United States and the international community 
     should use all necessary means to assist international 
     monitors and security forces in the Darfur region, 
     particularly the African Union monitoring team, in order to 
     ensure an appropriate international response to the crisis in 
     the Darfur region;
       (8) the United States should continue to provide 
     humanitarian assistance to the areas of Sudan to which the 
     United States has access and, at the same time, implement a 
     plan to provide assistance to the areas of Sudan to which 
     access has been obstructed or denied;
       (9) the President should appoint a new Special Presidential 
     Envoy for Peace in the Sudan to complement and continue the 
     work of former Senator John C. Danforth, who shall be tasked 
     with assisting all parties to the conflict in Sudan, 
     including in the Darfur region, to achieve a just, 
     comprehensive, and permanent peace in Sudan;
       (10) the member states of the United Nations, particularly 
     the member states from the African Union, the Arab League, 
     and the Organization of the Islamic Conference, should 
     undertake urgent measures to prevent the genocide in the 
     Darfur region from escalating further, including the 
     imposition of targeted sanctions against those responsible 
     for the atrocities; and
       (11) the international community, including African, Arab, 
     and Muslim nations, should immediately provide logistical, 
     financial, in-kind, and personnel resources necessary to save 
     the lives of hundreds of thousands of individuals at risk as 
     a result of the Darfur crisis.

     SEC. 5. AMENDMENTS TO THE SUDAN PEACE ACT.

       (a) Assistance for the Crisis in Darfur and for 
     Comprehensive Peace in Sudan.--
       (1) In general.--The Sudan Peace Act (50 U.S.C. 1701 note) 
     is amended by adding at the end the following new section:

     ``SEC. 12. ASSISTANCE FOR THE CRISIS IN DARFUR AND FOR 
                   COMPREHENSIVE PEACE IN SUDAN.

       ``(a) Assistance To Support a Comprehensive Final Peace 
     Agreement in Sudan and To Respond to the Humanitarian Crisis 
     in Darfur.--
       ``(1) Authority.--Subject to the requirements of this 
     section, the President is authorized to provide assistance 
     for Sudan--
       ``(A) to support the implementation of a comprehensive 
     peace agreement that applies to all regions of Sudan, 
     including the Darfur region; and
       ``(B) to address the humanitarian and human rights crisis 
     in the Darfur region and eastern Chad, including to support 
     the African Union mission in the Darfur region of Sudan.
       ``(2) Requirement for certification.--Notwithstanding 
     section 501(a) of the Assistance for International Malaria 
     Control Act (Public Law 106-570; 50 U.S.C. 1701 note), 
     assistance authorized under this section may be provided to 
     the Government of Sudan only if the President transmits the 
     certification described in paragraph (3).
       ``(3) Certification for the government of sudan.--The 
     certification referred to in paragraph (2) is a certification 
     transmitted by the President to the appropriate congressional 
     committees that the Government of Sudan has taken 
     demonstrable steps to--
       ``(A) ensure that the armed forces of Sudan and any 
     associated militias are not committing atrocities or 
     obstructing human rights monitors or the provision of 
     humanitarian assistance;
       ``(B) demobilize and disarm militias supported or created 
     by the Government of Sudan;
       ``(C) allow full and unfettered humanitarian assistance to 
     all regions of Sudan, including Darfur;
       ``(D) allow an international commission of inquiry to 
     conduct its investigation of atrocities in the Darfur region 
     and Khartoum, preserve evidence of atrocities and prosecute 
     those responsible for war crimes, crimes against humanity, 
     and genocide;
       ``(E) cooperate fully with the African Union and all other 
     observer and monitoring missions mandated to operate in 
     Sudan;
       ``(F) ensure the safe return of displaced persons and 
     refugees to their homes and rebuild the communities destroyed 
     in the violence;
       ``(G) implement the Nairobi Declaration on the Final Phase 
     of Peace in the Sudan; and
       ``(H) install a new coalition government based on the 
     agreements reached in the Nairobi Declaration on the Final 
     Phase of Peace in the Sudan.
       ``(4) Suspension of assistance.--If, on a date after the 
     President transmits the certification described in paragraph 
     (3), the President determines that the Government of Sudan 
     has ceased taking the actions described in such paragraph, 
     the President shall immediately suspend the provision of any 
     assistance to such Government until the date on which the 
     President transmits to the appropriate congressional 
     committees a further certification that the Government of 
     Sudan has resumed taking such actions.
       ``(5) Authorization of appropriations.--
       ``(A) In general.--In addition to any other funds otherwise 
     available for such purposes, there are authorized to be 
     appropriated to the President--
       ``(i) $100,000,000 for each of the fiscal years 2005, 2006, 
     and 2007 to carry out paragraph (1)(A); and
       ``(ii) $150,000,000 for fiscal year 2005 to carry out 
     paragraph (1)(B).
       ``(B) Availability.--Amounts appropriated pursuant to the 
     authorization of appropriations under subparagraph (A) are 
     authorized to remain available until expended.
       ``(b) Government of Sudan Defined.--In this section, the 
     term `Government of Sudan' means the National Islamic Front 
     government in Khartoum, Sudan, or any successor government 
     formed on or after the date of the enactment of the 
     Comprehensive Peace in Sudan Act (other than the coalition 
     government agreed upon in the Nairobi Declaration on the 
     Final Phase of Peace in the Sudan).''.
       (2) Conforming amendment.--Section 3(2) of such Act is 
     amended by striking ``The'' and inserting ``Except as 
     provided in section 12, the''.
       (b) Reporting Requirement.--Section 8 of the Sudan Peace 
     Act (50 U.S.C. 1701 note) is amended in the first sentence by 
     striking ``Sudan'' and inserting ``Sudan, including the 
     conflict in the Darfur region''.

     SEC. 6. SANCTIONS IN SUPPORT OF PEACE IN DARFUR.

       (a) Sanctions.--Beginning on the date of the enactment of 
     this Act, the President shall, notwithstanding paragraph (1) 
     of section 6(b) of the Sudan Peace Act (50 U.S.C. 1701 note), 
     implement the measures set forth in subparagraphs (A) through 
     (D) of paragraph (2) of such section.
       (b) Suspension of Sanctions.--The President may suspend the 
     application of subsection (a) if the President transmits to 
     the appropriate congressional committees a certification in 
     accordance with paragraph (3) of section 12(a) of the Sudan 
     Peace Act (as added by section 5(a)(1) of this Act).
       (c) Reinstatement of Sanctions.--The President shall 
     reinstate the sanctions listed in subsection (a) that have 
     been suspended under subsection (b) if at any time the 
     President determines and certifies to the appropriate 
     congressional committees that the Government of Sudan is no 
     longer in compliance with any of the criteria listed in 
     subparagraphs (A) through (H) of section 12(a)(3) of the 
     Sudan Peace Act (as added by section 5(a)(1) of this Act).
       (d) Waiver.--The President may waive the application of 
     subsection (a) if the President determines and certifies to 
     the appropriate congressional committees that such a waiver 
     is in the national interest of the United States.
       (e) Continuation of Restrictions.--Restrictions against the 
     Government of Sudan that were imposed pursuant to title III 
     and sections 508, 512, and 527 of the Foreign Operations, 
     Export Financing, and Related Programs Act, 2004 (division D 
     of Public Law 108-199; 118 Stat. 143), or any other similar 
     provision of law, may not be lifted pursuant to such 
     provisions of law unless the President transmits a 
     certification to the appropriate congressional committees in 
     accordance with paragraph (3) of section 12(a) of the Sudan 
     Peace Act (as added by section 5(a)(1) of this Act).

     SEC. 7. DISCLOSURE OF BUSINESS ACTIVITIES IN SUDAN.

       (a) Annual Report to Congress.--The Secretary of the 
     Treasury shall, not later than 180 days after the date of the 
     enactment of this Act, and not later than the end of each 1-
     year period thereafter, submit to Congress a report that 
     includes--
       (1) the identity of all entities that are engaged in 
     commercial activity in Sudan;
       (2) the nature and extent of that commercial activity in 
     Sudan, including any plans for expansion or diversification;
       (3) the identity of all agencies of the Sudanese Government 
     with which any such entity is doing business; and
       (4) the relationship of the commercial activity to any 
     violations of religious freedom and other human rights in 
     Sudan.
       (b) Disclosure to the Public.--The Secretary of the 
     Treasury shall publish or otherwise make available to the 
     public each report submitted under subsection (a).

     SEC. 8. MULTILATERAL EFFORTS.

       The President, acting through the United States Permanent 
     Representative to the United Nations, should--
       (1) press the United Nations Security Council to pursue 
     accountability for those who are found responsible for 
     orchestrating and carrying out the atrocities in the Darfur 
     region, consistent with United Nations Security Council 
     Resolutions 1556 (July 30, 2004) and 1564 (September 18, 
     2004);
       (2) encourage member states of the United Nations to--
       (A) freeze the assets of senior members of the Government 
     of Sudan and their families held in each such member state;
       (B) cease to import Sudanese oil;
       (C) restrict the entry or transit of senior members of the 
     Government of Sudan and their families through each such 
     member state; and
       (D) deny permission for any aircraft registered in Sudan to 
     take off from, land in, or overfly each such member state; 
     and
       (3) urge member states of the United Nations to cease 
     selling arms to the Government of Sudan, including by--
       (A) taking the necessary measures to prevent the sale or 
     supply to armed elements acting within the territory of 
     Sudan, including the Government of Sudan, the Janjaweed and 
     the Popular Defense Forces, by the nationals of such member 
     states, from the territories of such member states, or 
     through

[[Page H8395]]

     the use of flag vessels or aircraft of such member states, of 
     arms and related materiel of all types, including weapons and 
     ammunition, military vehicles and equipment, paramilitary 
     equipment, and spare parts, as well as technical training or 
     assistance related to the provision, manufacture, maintenance 
     or use of such items, whether or not originating in the 
     territories of such member states; and
       (B) ensuring that the measures imposed in subparagraph (A) 
     shall not apply to--
       (i) supplies and related technical training and assistance 
     to monitoring, verification, or peace support operations, 
     including such operations led by regional organizations, that 
     are authorized by the United Nations or are operating with 
     the consent of the relevant parties;
       (ii) supplies of non-lethal military equipment intended 
     solely for humanitarian, human rights monitoring or 
     protective use, and related technical training and 
     assistance; and
       (iii) supplies of protective clothing, including flak 
     jackets and military helmets, for the personal use of United 
     Nations or African Union personnel, human rights monitors, 
     representatives of the media and humanitarian and development 
     workers and associated personnel.

     SEC. 9. REPORT ON UNITED STATES RESPONSE TO A COMPREHENSIVE 
                   PEACE AGREEMENT FOR SUDAN.

       (a) Report.--Not later than 60 days after the date of 
     enactment of this Act, the President shall transmit to the 
     appropriate congressional committees a report on the planned 
     United States response to a comprehensive peace agreement for 
     Sudan.
       (b) Content.--The report required by subsection (a) shall 
     include--
       (1) a description of steps taken by the United States to 
     respond to a modified peace process between the Government of 
     Sudan and the SPLM that would account for the implementation 
     of peace in all regions of Sudan, in particular Darfur;
       (2) a contingency plan for extraordinary humanitarian 
     assistance should the Government of Sudan continue to 
     obstruct or delay the international humanitarian response to 
     the crisis in Darfur, Sudan;
       (3) if applicable, a notification and explanation of the 
     President's intention to decline to impose targeted sanctions 
     on the assets and activities of those Sudanese government 
     officials and other individuals that are involved in carrying 
     out the policy of genocide in the Darfur region, as well as 
     on the assets and activities of businesses controlled by the 
     Government of Sudan and the National Congress Party; and
       (4) if applicable, a notification and explanation of the 
     Government of the United States' intention to normalize 
     relations with Sudan, including through the lifting of any 
     sanctions, until the Government of Sudan agrees to and 
     implements a comprehensive peace agreement for all areas of 
     Sudan, including Darfur.
       (c) Form of Report.--The report required by subsection (a) 
     may be transmitted in classified form.

     SEC. 10. ADDITIONAL AUTHORITIES; EXCEPTION TO EXPORT 
                   PROHIBITIONS.

       (a) Additional Authorities.--Notwithstanding any other 
     provision of law, the President is authorized to undertake 
     appropriate programs using Federal agencies, grants or 
     contractual arrangements, or direct support of indigenous 
     groups, agencies, or organizations in areas outside of 
     control of the Government of Sudan in an effort to provide 
     emergency relief, promote economic self-sufficiency, build 
     civil authority, provide education, enhance rule of law and 
     the development of judicial and legal frameworks, support 
     people-to-people reconciliation efforts, or implement any 
     program in support of any viable peace agreement at the 
     local, regional, or national level in Sudan.
       (b) Exception to Export Prohibitions.--Notwithstanding any 
     other provision of law, the prohibitions set forth with 
     respect to Sudan in Executive Order No. 13067 of November 3, 
     1997 (62 Fed. Reg. 59989), shall not apply to any export from 
     an area in Sudan outside of the control of the Government of 
     Sudan, or to any necessary transaction directly related to 
     that export, if the President determines that the export or 
     related transaction, as the case may be, would directly 
     benefit the economic development of that area and its people.

     SEC. 11. TECHNICAL AMENDMENT.

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

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Colorado (Mr. Tancredo) and the gentleman from New Jersey (Mr. Payne) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Colorado (Mr. Tancredo).


                             General Leave

  Mr. TANCREDO. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Colorado?
  There was no objection.
  Mr. TANCREDO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, we have a moral responsibility to react to what is 
happening in the country of Sudan and specifically in the area we know 
as Darfur; and what is happening there is genocide. This House has 
spoken on that. This Congress has spoken on that. We have called it 
what it is. It is genocide. Now we must take action as a result of the 
fact that this is happening, and we cannot ignore it.
  This is the first time that we have ever declared genocide while it 
is happening. We have always in the past responded to it, but 
unfortunately, in just responding to its existence, little, if 
anything, was done to stop it from happening or going on.
  Everyone is watching to see how we will respond. Secretary Powell and 
the United States administration have taken a courageous stand, but it 
is just the beginning. If we fail to act forcefully now, it will be 
open season for genocide. If we make empty threats, it will have 
serious consequences for the future of international peace and 
security.
  Time and time again we have come to this floor both on Special Orders 
and during debate on resolutions and bills to urge our Members in the 
Congress of the United States to act forcefully with regard to Sudan in 
order to stem the horrible events that have been occurring there over 
the past, really, 25 or more years.
  It is a country wracked with pain. It has experienced more than 2 
million dead in a period of a civil war that has lasted, as I say, a 
quarter of a century. Four million displaced. In Darfur now we are 
witnessing something again of enormous tragedy. The numbers are 
staggering. At least 50,000 dead again now in Darfur because of the 
genocide going on there conducted by the government against the people 
in that area, and 350,000 or more in camps who are close to perishing 
simply because of the terrible conditions in which they are forced to 
exist.
  Mr. Speaker, H.R. 5061 includes instructions for the U.S. permanent 
representative to the U.N. to urge member-states to pursue 
accountability for those complicit in the genocide in Darfur. It 
imposes targeted sanctions, including the freezing of assets on senior 
members of the Government of Sudan. It encourages the Permanent 
Representative to urge member-states to cease importing Sudanese oil 
and to impose an arms embargo on the Government of Sudan, the 
Janjaweed, who are responsible right now for the genocide, and the PDF.
  Mr. Speaker, I reserve the balance of my time.
  Mr. PAYNE. Mr. Speaker, I yield myself such time as I may consume.
  I rise in strong support of H.R. 5061. Mr. Speaker, let me thank the 
gentleman from Illinois (Chairman Hyde) and the gentleman from 
California (Mr. Lantos), the ranking member, of the Committee on 
International Relations for working so hard to bring this bill to the 
floor. I would especially like to thank the gentleman from Colorado 
(Mr. Tancredo), whom we just heard a moment ago, for sponsoring this 
bill and working so diligently towards peace in Sudan for so long. He 
is extremely dedicated, and it has been a pleasure working with him and 
other Members, the gentleman from Virginia (Mr. Wolf) the gentleman 
from California (Mr. Royce), the gentleman from Maryland (Mr. 
Cummings), and others on this issue.
  In just the last 12 months, the Government of Sudan and its allied 
Arab militia, the Janjaweed, have displaced more than 1 million people, 
as we heard, in the Darfur region, an additional 200,000 people into 
Chad, and has killed more than 50,000 innocent civilians, many more at 
risk today. Government troops and their allied Janjaweed militia have 
raped, tortured, maimed, and burned entire villages in a deliberate and 
systematic manner to cleanse the area of African Muslims.
  They have used Antonov bombers and helicopter gunships to destroy the 
villages and then encourage the Janjaweed on camel and on horseback to 
finish the job. Men have been murdered, many times forced into huts and 
burned alive to death. Women and girls have been raped, many branded so 
it will be known publicly that they have been raped; therefore, they 
will be outcasts in the Muslim religion. They have been beaten.
  Women have been abducted. Men have been killed. They have killed the

[[Page H8396]]

animals. They have destroyed the crops. They have taken bodies and 
thrown them into the wells in order to contaminate the water so the 
people would never return.
  In August, I had the opportunity to travel to eastern Chad and to 
meet with the foreign refugees in Camp Iridimi, 32 miles from the 
Sudanese border, and we heard firsthand of these horrors that I have 
just talked about that had been seen by these people and experienced by 
them. It was really a horrific situation to see.
  H.R. 5061 is the culmination of a bipartisan effort to first call the 
Darfur situation in western Sudan exactly what it is, genocide, and 
then to follow up that genocide declaration with swift and strong 
action, as we have heard already some of the provisions of the 
legislation.
  Mr. Speaker, as the Members know, both Chambers of the Congress 
declared genocide was occurring in Darfur on July 22, 422 to zero in 
the House and without a dissenting vote in the U.S. Senate just before 
we adjourned for summer recess. This is the first time, as it has been 
indicated, that genocide has been declared as it is going on. Normally 
it is after the fact that a study is done and then it is declared that 
genocide is happening.
  So we can stop and prevent the genocide from continuing. And through 
the response from the administration, although the response of the 
administration lagged a bit, we were pleased that Secretary Powell made 
the determination before the Senate Foreign Relations Committee on 
September 9.
  Mr. Speaker, this is an historic step. The United States Congress 
takes the word ``genocide'' very seriously. So in the wake of the 
genocide declaration, we must be careful that we follow up with a clear 
action that sends the right message to the Government of Sudan and to 
other would-be architects of genocide. It is crucial at this juncture 
that we show we will not sit idly by and allow a government to 
exterminate its own people, as is happening in Sudan.
  Mr. Speaker, H.R. 5061 is a response to genocide. H.R. 5061 amends 
the Sudan Peace Act and restates the congressional declaration of 
genocide. It requires an annual report from the Treasury to tell us of 
all commercial activities in Sudan. It provides $450 million, $150 
million of which would go towards the humanitarian crisis in Darfur and 
Chad, including support of the African Union peacekeeping mission, 
currently suggested at 5,000, although I believe there should be more. 
And $300 million to go towards development in southern Sudan over the 
next 3 years starting in fiscal year 2005. We must not forget about 
southern Sudanese. Southern Sudanese have been waiting for peace for a 
long time, for the last 25 years.
  As has already been mentioned, more than 2 million have died as a 
result of the conflict between the north and the south, and an 
estimated 5 million people have been displaced over these years. They 
all certainly know too well what genocide is and what this government 
has done. This government which gave safe haven to Osama bin Laden from 
1991 to 1996, where al Qaeda was created and built up and strengthened 
during that time.
  We are also hopeful that funds will be made available in the current 
supplemental bill so that immediate funds could go to assist the AU to 
have immediate access to be able to start to get the troops that they 
need there immediately.
  As I conclude, let me say that it is of the utmost importance that we 
support the African Union mission, logistically, financially, and to 
give them the proper mandate that they need. In order to protect 
civilians, they will often have to come face to face with the Janjaweed 
fighters. So, therefore, I hope that they will be able to use Chapter 7 
and fight back, if necessary. It is critical that we save the lives of 
the Darfurians. We were hoping that we could have visa restrictions and 
capital market sanctions; however, at this time we are not able to do 
this. But if this government continues, I would urge my colleagues to 
then do the capital market sanctions and visa restrictions and continue 
to push.
  But I hope that this will prove a first step after genocide has been 
declared that we are serious and that we will not tolerate this.
  Mr. Speaker, I reserve the balance of my time.
  Mr. TANCREDO. Mr. Speaker, I reserve the balance of my time.
  Mr. PAYNE. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
California (Ms. Woolsey).

                              {time}  0230

  Ms. WOOLSEY. Mr. Speaker, I rise today to talk about Sudan, where the 
world's gravest humanitarian crisis is taking place. Nothing like this 
has happened since the tragedy that occurred in Rwanda in 1994. I want 
to thank the gentleman from New Jersey for yielding me time to speak.
  Already, tens of thousands of Sudanese Africans have needlessly been 
killed and as many as 1.5 million more have been forced to seek refuge 
in neighboring countries. I am thankful that Members like the gentleman 
from New Jersey (Mr. Payne) and the gentleman from Colorado (Mr. 
Tancredo) have worked so tirelessly to prevent the deaths of even more 
innocent lives and bring the picture to us here in the Congress so we 
can work with them also.
  H.R. 5061 is vitally important legislation. This bill affirms that 
the atrocities occurring in Sudan are in fact genocide. It also imposes 
economic sanctions upon the government of Sudan until its leaders 
demonstrate that they are going to take every possible step to 
alleviate this situation.
  Mr. Speaker, it is vitally important for the United States to lead 
the rest of the world in preventing the further loss of life in Sudan.
  The true moral test of our government is not the strength of our 
economy or the size of our military; it is our compassion for those in 
the world who are less fortunate than we are. I urge passage of H.R. 
5061 to help those who are less fortunate, and they certainly are in 
Sudan.
  Mr. PAYNE. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. TANCREDO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, just in closing, let me say it is my pleasure to be here 
on the floor with my dear friend and colleague the gentleman from (Mr. 
Payne), who has been a leader on this issue for long before I even came 
to the Congress of the United States. Although he was laudatory in his 
comments about my efforts, his certainly precede mine and deserve all 
of our thanks. I certainly give it to him. He has been a wonderful, 
wonderful leader on this and a great man to work with.
  Mr. HYDE. Mr. Speaker, I submit for inclusion in the Congressional 
Record an exchange of letters between Chairman Thomas of the Ways and 
Means Committee and me as Chairman of the International Relations 
Committee concerning H.R. 5061.

                                Congress of the United States,

                                  Washington, DC, October 6, 2004.
     Hon. Henry J. Hyde,
     Chairman, Committee on International Relations, Rayburn House 
         Office Building, Washington, DC
       Dear Chairman Hyde: I am writing concerning H.R. 5061, the 
     ``Comprehensive Peace in Sudan Act.''
       As you know, the Committee on Ways and Means has 
     jurisdiction over revenue matters, including any legislation 
     relating to imports. There are three provisions within the 
     bill that may relate to imports and thus fall within the 
     jurisdiction of the Committee on Ways and Means. Section 
     4(b)(6) expresses the Sense of Congress that ``the United 
     States Government should not normalize relations with Sudan, 
     including through the lifting of any sanctions, until the 
     government of Sudan agrees to and implements a comprehensive 
     peace agreement.'' Section 7(a)(1) requires the President to 
     impose certain sanctions outlined in the Sudan Peace Act 
     (P.L. 107-245), including the requirement to ``take all 
     necessary and appropriate steps, including through 
     multilateral efforts, to deny the Government of Sudan access 
     to oil revenues,'' which could be interpreted to direct the 
     President to impose an import ban on oil. Section 11(b) lifts 
     the prohibition on exports from Sudan with respect to areas 
     outside of control of the Government of Sudan.
       However, in order to expedite this legislation for floor 
     consideration, the Committee will forgo action on this bill. 
     This is being done with the understanding that it does not in 
     any way prejudice the Committee with respect to exercising 
     its jurisdictional prerogatives on this or similar 
     legislation.
       I would appreciate your response to this letter, confirming 
     this understanding with respect to H.R. 5061, and would ask 
     that a copy of our exchange of letters on this matter be 
     included in the Congressional Record during floor 
     consideration.
           Best regards,
                                                      Bill Thomas,
                                                         Chairman.

[[Page H8397]]

     
                                  ____
                                Congress of the United States,

                                  Washington, DC, October 6, 2004.
     Hon. Bill Thomas,
     Chairman, Committee on Ways and Means, Longworth House Office 
         Building, Washington, DC
       Dear Mr. Chairman: Thank you for your letter concerning 
     H.R. 5061, the Comprehensive Peace in Sudan Act.
       Clearly, under House Rule X, the Committee on Ways and 
     Means has jurisdiction over revenue matters, including any 
     legislation relating to imports. I concur with your 
     assessment of the matters in H.R. 5061 which fall within the 
     jurisdiction of the Committee on Ways and Means. I would note 
     that section 11(b) of the bill, which lifts the prohibition 
     on exports from Sudan with respect to areas outside of 
     control of the Government of Sudan, is identical to language 
     that was enacted into law as part of the International 
     Malaria Control Act of 2000, P.L. 106-570.
       I appreciate your willingness to permit this important bill 
     to proceed to the floor without the necessity of your 
     Committee formally considering it. I understand that it does 
     not in any way prejudice the Committee with respect to 
     exercising its jurisdictional prerogatives on this or similar 
     legislation.
       As you have requested, I will ensure that a copy of our 
     exchange of letters on this matter be included in the 
     Congressional Record during floor consideration.
           Sincerely,
                                                    Henry J. Hyde,
                                                         Chairman.

  Mr. HONDA. Mr. Speaker, I rise in support of H.R. 5061, the 
Comprehensive Peace in Sudan Act, which seeks to provide humanitarian 
assistance for the current crisis in the Darfur region of Sudan and to 
facilitate a comprehensive peace in the region. This bill calls for a 
series of actions to be taken by our government as well as the 
international community to bring about a comprehensive peace in Sudan. 
The violent conflict between the Government of Sudan, including militia 
forces backed by the Government, and rebel forces (the Sudan Liberation 
Army and the Justice and Equality Movement) has resulted in horrific 
humanitarian abuses, and the passage and implementation of H.R. 5061 is 
a critical step in ending this crisis.
  The Government of Sudan is in direct violation of the Humanitarian 
Ceasefire on the Conflict in Darfur, signed in N'Djamena, Chad, on 
April 8, 2004. This ceasefire agreement calls for the Government of 
Sudan and other signatories ``to give up the use of force as a means of 
settling the conflict in the Darfur region; to allow safe and immediate 
access of all humanitarian assistance throughout the Darfur region; to 
allow the deployment of and cooperate with international monitors and 
security forces; and to expedite the conclusion of a political 
agreement to end the conflict in the Darfur region.''
  Secretary of State Colin Powell in his recent remarks before the 
Senate Foreign Relations Committee officially labeled the atrocities in 
Darfur as genocide and urged the international community to respond to 
this crisis, saying, ``When we reviewed the evidence compiled by our 
team, along with other information available to the State Department, 
we concluded that genocide has been committed in Darfur and that the 
Government of Sudan and the Janjaweed bear responsibility--and genocide 
may still be occurring.'' Since seizing power through a military coup 
in 1989, the Government of Sudan has repeatedly attacked and dislocated 
civilian populations in southern Sudan in a coordinated policy of 
ethnic cleansing that cost the lives of over 2,000,000 people and 
displaced more than 4,000,000 people. Hundreds of villages have been 
damaged or destroyed, resulting in massive refugee flows into Chad and 
internally displaced persons in western Sudan. Additionally, innocent 
civilians have reportedly been sold into slavery, used as forced labor, 
or drafted into the military. The Janjaweed and Sudanese military 
forces have also engaged in the abduction of children, rape of innocent 
civilians, and the destruction of food and water sources. Widespread 
hunger and malnutrition continue to endanger the lives of innocent 
civilians.
  Such inhumane violence and manipulation must end, and the 
Comprehensive Peace in Sudan Act that the House considers today is a 
critical first step in this effort. This legislation explicitly 
reaffirms Secretary Powell's assertion that genocide has and is 
continuing to take place in Sudan, and it imposes U.S. sanctions. But 
this bill is not merely punitive; it authorizes $450 million in needed 
humanitarian assistance, including $150 million for Sudanese refugees 
in Darfur and eastern Chad.

  The Comprehensive Peace in Sudan Act seeks to rally international 
support for a strong response to the genocide in Sudan. The Sudanese 
government has already failed to comply with the April 8, 2004, 
ceasefire agreement. Because the Sudanese government has been given the 
opportunity to voluntarily end this violence but has continued to 
support the Janjaweed and orchestrate an extensive ethnic cleansing 
campaign in Darfur, the international community not only has a right, 
but also an obligation to intervene in this conflict to prevent further 
destruction.
  The Comprehensive Peace in Sudan Act calls on the U.S. permanent 
representative to urge the Security Council and member states to pursue 
accountability for those complicit in the violence in Darfur. 
Specifically, this legislation recognizes the need for the creation of 
an international tribunal to try the offenders of war crimes, crimes 
against humanity, and genocide.
  The legislation also calls on the U.S. permanent representative to 
the UN to seek the imposition of targeted sanctions (including the 
freezing of assets) on senior members of the Government of Sudan, to 
cease to import Sudanese oil, and to impose an arms embargo on the 
Government of Sudan, Janjaweed and Popular Defense Forces (PDF). These 
sanctions must be accompanied by a renewed commitment to international 
humanitarian assistance. Basic necessities such as food, water, 
shelter, medicine and clothing need to be sent to the region and 
distributed effectively. The resolution of the crisis in Sudan depends 
on international cooperation in providing humanitarian aid to this 
region to help restore, promote, and protect regional stability and 
security.
  The international community must recognize this genocide not only as 
a brutal attempt at ethnic cleansing and a deliberate disregard for 
human rights, but also as a threat to international stability and 
security. Let us not delay intervention as we did during the 1994 
Rwanda Genocide, when the international community watched as over 
800,000 Tutsi men, women, and children were slaughtered by Hutu 
extremists in one of the most gruesome and appalling chapters in our 
history. We must learn from this horrific experience and actively work 
to end the violence in Sudan before it escalates even further. I 
condemn the genocide in the Sudan and I call on my colleagues to 
support H.R. 5061.
  Mr. BLUMENAUER. Mr. Speaker, the good news is that Congress is again 
showing bi-partisan leadership in addressing the ongoing genocide in 
Darfur. The bad news is that there is much more to be done.
  I thank my friends, Mr. Tancredo and Mr. Payne, for continuing to 
ensure that this issue is in front of us. It is important that tonight 
we are taking specific action to pressure the Government of Sudan to 
end the genocide.
  This bill will place sanctions on Khartoum and on companies that 
continue to do business with this genocidal regime and authorizes 
assistance to address the humanitarian crisis. The Scope of that crisis 
is vast: 50,000 Darfurians have already been murdered, a million and a 
half people have been internally displaced, hundreds of thousands have 
sought refuge in Chad and close to 1 million people are still beyond 
the reach of relief agencies. International aid agencies such as 
MercyCorps and CARE are actively working to provide emergency 
lifesaving assistance in Darfur and deserve our highest gratitude.
  However, this crisis goes beyond the humanitarian. This genocide has 
a political basis and will require a political solution--either 
diplomatic or military or, more likely, a combination of both.
  The President should move the international community to action, 
supporting international efforts at sanctions, and ensuring that the 
African Union mission has the mandate and logistical support they will 
need to be effective at protecting the civilians in Darfur. I strongly 
support H.R. 5061, the Comprehensive Peace in Sudan Act, and am proud 
to have been a co-sponsor of it.
  Mr. HOLT. Mr. Speaker, I rise in support of H.R. 5061, the 
Comprehensive Peace in Sudan. The bill expands the Sudan Peace Act by 
authorizing a total of $450 million in humanitarian assistance over the 
FY 2005 to FY 2007 period, including at least $150 million for 
humanitarian assistance for Sudanese refugees in Darfur and eastern 
Chad. The $150 million could also be used to support an African Union 
peacekeeping mission in Darfur.
  However this bill alone will not be enough and authorization alone is 
not enough. The situation in Sudan is dire. The statistics are alarming 
and depressing. The numbers of causalities, deaths, rapes, injuries and 
displaced refugees beg the question, how can the world, the U.N., the 
United States and other civilized nations witness the murder of 30,000 
innocent civilians, the forced removal of 130,000 people from their 
homes to Chad, and the displacement of more than one million people and 
do nothing.
  Mr. Speaker, we cannot afford to allow this genocide that is 
occurring in Sudan to continue. We must rise to the occasion. We must 
forget about those partisan things that divide us. We must come 
together as a body, as a Congress, indeed, as a nation; and we must 
show the world the way to eliminate the kind of racial and religious 
hatred that exists in this world and we cannot afford to wait.
  Mr. TANCREDO. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Ose). The question is on the motion 
offered by the gentleman from Colorado

[[Page H8398]]

(Mr. Tancredo) that the House suspend the rules and pass the bill, H.R. 
5061, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. TANCREDO. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________