[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
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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]]
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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.
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