[Congressional Record Volume 151, Number 22 (Wednesday, March 2, 2005)]
[Senate]
[Pages S1938-S1943]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CORZINE (for himself, Mr. Brownback, Mr. Dodd, Mr. Durbin, 
        Mr. Feingold, Mr. Lieberman, Mr. Talent, Mr. DeWine, and Mr. 
        Coburn):
  S. 495. A bill to impose sanctions against perpetrators of crimes 
against humanity in Darfur, Sudan, and for other purposes; to the 
Committee on Foreign Relations.
  Mr. CORZINE. Mr. President, I rise to talk about the Darfur 
Accountability Act. This is an issue that I and a number of my 
colleagues have as much passion about and as much conviction and 
concern as anything that we could speak about on this floor. As we 
stand here today, 225,000, maybe more, Darfurians in the Sudan have 
died over the last 2 years. A million and three quarters are displaced, 
living in camps. Senator Brownback is a cosponsor of the Darfur 
Accountability Act, along with Senators DeWine, Talent, Dodd, Durbin, 
Feingold, and Lieberman--a bipartisan basis. All believe strongly and 
passionately that we need to act now.
  This bill, which we will be introducing today, provides the tools, 
the authorities to confront the crisis of humanity that is taking place 
in Darfur. It can be a reflection of our Nation's commitment to live up 
to the most solemn promise of our time and our Nation's values--to 
never stand by quietly while genocide goes forth, while genocide rages 
in a part of the world. ``Never again'' is the rallying cry we have all 
heard from the tragedy of World War II, from the response and 
understanding of the tragedy of Rwanda and genocides across history. 
Man's horrific treatment of his fellow man in genocide must be stood up 
against, must be pushed back against. We must say no.
  It has been more than 7 months since the resolution introduced by 
Senator Brownback and myself declaring the atrocities in Darfur to be 
declared genocide passed the Senate. It has been more than 7 months 
since the House of Representatives passed a similar resolution. And it 
has been 6 months since Secretary of State Colin Powell made the same 
declaration.
  Genocide continues. Just 1 month ago a U.N. commission confirmed a 
litany of atrocities that have become all too familiar in this 
situation:

       Government forces and militias conducted indiscriminate 
     attacks, including killing of civilians, torture, enforced 
     disappearances, destruction of villages, rape and other forms 
     of sexual violence, pillaging and forced displacement 
     throughout Darfur.

  It has been going on for 2 years. The report stated that the 
atrocities were ``conducted on a widespread and systematic basis,'' and 
that the ``magnitude and large-scale nature of some crimes against 
humanity, as well as their consistency over a long period of time, 
necessarily imply that these

[[Page S1939]]

crimes result from a central planning operation.''
  This is public policy in the Sudan--public policy. Maybe more 
compelling is a series of articles, two of which I will put into the 
Record, that are reflective of the public and transparent and dogged 
coverage by a New York Times columnist, Nicholas Kristof, which 
document completely the nature of the atrocities going on, including, 
unfortunately, some of the pictorial efforts that bring forth the 
certainty that genocide is taking place.
  I will submit a column written on February 23, ``The Secret Genocide 
Archive,'' which carries pictures in the New York Times of some of the 
outcomes of our failure to act. Then there is a second column which I 
will put into the Record. It is in today's paper, March 2, 2005, ``The 
American Witness,'' where a U.S. marine on the ground, a captain in the 
Marine Corps, is citing and stating and documenting the continuation of 
this tragedy in the lives of these people in Darfur.
  I ask unanimous consent that these articles be printed in the Record.
  There being no objection, the article was ordered to be printed in 
the Record, as follows:

                [From the New York Times, Mar. 2, 2005]

                          The American Witness

                        (By Nicholas D. Kristof)

       American soldiers are trained to shoot at the enemy. 
     They're prepared to be shot at. But what young men like Brian 
     Steidle are not equipped for is witnessing a genocide but 
     being unable to protect the civilians pleading for help.
       If President Bush wants to figure out whether the U.S. 
     should stand more firmly against the genocide in Darfur, I 
     suggest that he invite Mr. Steidle to the White House to give 
     a briefing. Mr. Steidle, a 28-year-old former Marine captain, 
     was one of just three American military advisers for the 
     African Union monitoring team in Darfur--and he is bursting 
     with frustration.
       ``Every single day you go out to see another burned 
     village, and more dead bodies,'' he said. ``And the 
     children--you see 6-month-old babies that have been shot, and 
     3-year-old kids with their faces smashed in with rifle butts. 
     And you just have to stand there and write your reports.''
       While journalists and aid workers are sharply limited in 
     their movements in Darfur, Mr. Steidle and the monitors 
     traveled around by truck and helicopter to investigate 
     massacres by the Sudanese government and the janjaweed 
     militia it sponsors. They have sometimes been shot at, and 
     once his group was held hostage, but they have persisted and 
     become witnesses to systematic crimes against humanity.
       So is it really genocide?
       ``I have no doubt about that,'' Mr. Steidle said. ``It's a 
     systematic cleansing of peoples by the Arab chiefs there. And 
     when you talk to them, that's what they tell you. They're 
     very blunt about it. One day we met a janjaweed leader and he 
     said, `Unless you get back four camels that were stolen in 
     2003, then we're going to go to these four villages and burn 
     the villages, rape the women, kill everyone.' And they did.''
       The African Union doesn't have the troops, firepower or 
     mandate to actually stop the slaughter, just to monitor it. 
     Mr. Steidle said his single most frustrating moment came in 
     December when the Sudanese government and the janjaweed 
     attacked the village of Labado, which had 25,000 inhabitants. 
     Mr. Steidle and his unit flew to the area in helicopters, but 
     a Sudanese general refused to let them enter the village--and 
     also refused to stop the attack.
       ``It was extremely frustrating--seeing the village burn, 
     hearing gunshots, not being able to do anything,'' Mr. 
     Steidle said. ``The entire village is now gone. It's a big 
     black spot on the earth.''
       When Sudan's government is preparing to send bombers or 
     helicopter gunships to attack an African village, it shuts 
     down the cell phone system so no one can send out warnings. 
     Thus the international monitors know when a massacre is about 
     to unfold. But there's usually nothing they can do.
       The West, led by the Bush administration, is providing food 
     and medical care that is keeping hundreds of thousands of 
     people alive. But we're managing the genocide, not halting 
     it.
       ``The world is failing Darfur,'' said Jan Egeland, the U.N. 
     under secretary general for humanitarian affairs. ``We're 
     only playing the humanitarian card, and we're just witnessing 
     the massacres.''
       President Bush is pushing for sanctions, but European 
     countries like France are disgracefully cool to the idea--and 
     China is downright hostile, playing the same supportive role 
     for the Darfur genocide that it did for the Khmer Rouge 
     genocide.
       Mr. Steidle has just quit his job with the African Union, 
     but he plans to continue working in Darfur to do his part to 
     stand up to the killers. Most of us don't have to go to that 
     extreme of risking our lives in Darfur--we just need to get 
     off the fence and push our government off, too.
       At one level, I blame President Bush--and, even more, the 
     leaders of European, Arab and African nations--for their 
     passivity. But if our leaders are acquiescing in genocide, 
     that's because we citizens are passive, too. If American 
     voters cared about Darfur's genocide as much as about, say, 
     the Michael Jackson trial, then our political system would 
     respond. One useful step would be the passage of the Darfur 
     Accountability Act, to be introduced today by Senators Jon 
     Corzine and Sam Brownback. The legislation calls for such 
     desperately needed actions as expanding the African Union 
     force and establishing a military no-fly zone to stop Sudan 
     from bombing civilians.
       As Martin Luther King Jr. put it: ``Man's inhumanity to man 
     is not only perpetrated by the vitriolic actions of those who 
     are bad. It is also perpetrated by the vitiating inaction of 
     those who are good.''

  Mr. CORZINE. Mr. President, we are truly at a historic moment. The 
U.N. Commission confirmed that these atrocities were continuing even as 
it was doing its investigation. By the way, we just released from the 
U.S. State Department a report on human rights practices in countries 
around the world. The February 28 report reconfirmed our own 
Government's view that what is taking place is genocide.
  We bear the responsibility that came out of the Holocaust to remember 
the horrors that lead to genocide. That is why we passed the genocide 
convention, and it is time to act. That is what this accountability act 
is all about. It has a lot of detail in it. But the fact is, it is to 
get us up and moving. I could use a little more graphic language. We 
have no right to stand by while human life is being taken day after day 
and displacement is taking place day after day. All over this country, 
people of faith of all denominations, student groups, and people from 
all walks of life are speaking out about this in our churches, our 
community centers, everywhere. They expect our Government and the 
international community to act. The time to act is now.
  Let me describe the legislation, if I may. First, it reconfirms that 
genocide continues in Darfur. Last week, Human Rights reported new 
accounts of rapes, tortures, and mutilations from eyewitnesses. This 
needs to be dealt with. There is little doubt whatsoever that this 
continues. Again, I refer to the Kristof articles, which are very 
graphic in their explanation. Reflecting on time, I will not go through 
the details. There are many of these accounts.
  There is no reason to turn our backs on this issue. Remember the 
imperative: Never again. This legislation offers specifics about how 
the genocide should be stopped. It calls for a military no-fly zone in 
Darfur. This discussion about no-fly zones has been going on for the 
better part of a year. It is time to make sure that we as an 
international community, as a nation, stand up and say, let's implement 
that.
  Recent reports state that as recently as January, the Government of 
Sudan used aircraft and helicopters to impose its desire in 
implementing its genocide on the people of Darfur along with the 
jingaweit militia, which are notorious about implementing this.
  The legislation also lays out the report for the African Union 
mission in Darfur. In September of last year, the Senate passed an 
amendment by Senator DeWine and myself that sets aside $75 million in 
aid to the African Union so they could accelerate their monitoring and 
assistance on the ground in Darfur. So far, we have begun to use some 
of those resources. I think at this point it is about $20 million. 
Unfortunately, the authorization was for 3,300 African Union troops on 
the ground, but there are about 1,800 there today. This is 7 months 
after our efforts to get this done. We need to stop the killing now. 
That means we need to get the troops on the ground now; we have to 
spend the money now. It is absolutely time that we stand up and take 
notice and move on this issue.
  The legislation also provides specifics about what should be done in 
a new U.N. Security Council resolution, including sanctions that have 
previously been threatened by the council but never imposed. For 
instance, we have an arms embargo against the government in Darfur. We 
don't have an arms embargo against the Government of Sudan. We have one 
in Darfur. So they can get the guns and military equipment into 
Khartoum, and I guess we think somehow they are not going to use it 
where they are actually taking the lives of the people in Darfur. It is 
crazy that we have such a limited and ineffectual arms embargo on 
Sudan. We need to act. It is clear that

[[Page S1940]]

we needed it last summer, and it is clear that we need it today.
  I was offered the opportunity to visit Darfur last August during that 
30-day period when the U.N. Security Council was examining whether 
Sudan was moving to correct some of the problems, get control of the 
jingaweit, and actually respond to the international community's 
imperative that they change their actions. It was clear then that the 
only thing that was moving the Sudanese Government was the transparency 
that both journalists and the international community were providing 
the people who were on the ground, but they had no real interest in 
stopping the jingaweit or the tragedy on the ground in Darfur. None. It 
was only pressure from the outside that was going to have any impact on 
moving forward.
  Unfortunately, from that moment on, we have stepped back. We said we 
were going to do things, and we did not. Guess what. The tragedy 
continues and has accelerated in many places, particularly south 
Darfur. It is time to act.
  I will save going through the rest of the pieces of legislation, but 
I hope my colleagues will keep in mind that we have had over 200,000 
deaths and one and three-quarter million people displaced, more or 
less. Nobody is certain of the numbers. Estimates are that 10,000 
people die a month in Darfur. Do we have to wake up and understand that 
we have ``Rwanda 2'' on our hands to act? Do we have to have some 
incredible tragedy at a single point in time for us to act? It is time 
to put down serious accountability requirements on the Government of 
Sudan and to act to stop the killing in Darfur. I can only say that 
there is nothing that reflects our moral values in this country more 
than standing up to genocide. Our humanity is being challenged, the 
very essence of who we are as human beings. Genocide is evil. It should 
be stopped, and we should remember the imperative: Never again.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Illinois is recognized.
  Mr. DURBIN. Mr. President, let me salute the Senator from New Jersey, 
Mr. Corzine, as well as Senator Brownback, a Democrat and a Republican, 
one from the east coast and another from the Midwest, for bringing to 
the Senate floor today the issue of Darfur. They have been leaders in 
this issue. I can recall Senator Corzine as the first Member of the 
Senate standing up and making a point many months ago about the 
senseless killing going on in the Sudan and the fact that the United 
States could not turn a blind eye to this issue. He returned to the 
floor today with the same message. I commend him for his humanitarian 
commitment to the poor people who are losing their lives in this 
conflict.
  A little over a week ago in Chicago, IL, we had the visit of a rather 
famous man. He was a man who none of us knew and, frankly, could not 
even pronounce his name. He came to tell a story. His name is Paul 
Rusesabagina. He is the manager of the hotel in Hotel Rwanda, which has 
become a very famous film. He had a luxury hotel in Rwanda in the midst 
of the terrible genocide. Because of his personal courage and the fact 
that he was willing to stand up, he saved over 1,200 lives of people 
who sought refuge in the hotel, who otherwise would have been hacked to 
death by machete during the Rwanda genocide. He came to Chicago, to St. 
Sabinas Church on the South Side, where Father Michael Flager was his 
host. He told the story of Rwanda. It wasn't just a reminiscence of 
history; he told us that we needed to look today to the genocides we 
face in the world. He pointed specifically to Darfur in Sudan.
  He asked us what was asked of many during the Rwanda genocide: What 
will you do now that you know that innocent people are being killed by 
the hundreds of thousands? What will you do? Will you ignore it because 
it is so far away? Will you ignore it because it is Africa? Will you 
ignore it because it may call for sacrifice on the part of U.S. 
leadership?
  It is a challenge he made to us, an interesting challenge from a man 
who literally risked his life to save others during a genocide. He 
asked us, in our comfort in America, whether we were willing to risk 
anything to save these victims in Darfur. He touched my soul, and I 
told him that when I get back to Washington, I will take to the floor 
of the Senate and raise this issue as often as I can. I will try 
everything I can find to move the United States into a stronger 
position of leadership.
  Yesterday, President Bush invited about 20 leaders in Congress to the 
White House for a briefing on his trip to Europe. It was an excellent 
briefing. We were allowed to ask questions at the end. I asked the 
President, with Steven Hadley close at hand: What are we going to do 
about Darfur? Sadly, the response was what I have heard over and over 
again from so many different sources: We are going to count on the 
African Union, a group of soldiers from Africa who are moving into the 
region. How many soldiers are moving into this region where helpless 
people are being killed? Their best estimates are 3,000 soldiers. How 
big is this region? It is about the size of the State of Texas. How in 
the world can we expect to have an impact on this senseless killing?
  That is why I am supporting this Darfur Accountability Act. This bill 
we are pushing seeks to prod the world to do what it needs to do to 
stop the genocide in Sudan. ``Genocide'' is a word this is rarely used 
in human history. There have been genocides against the Armenian people 
and the Jewish people during the Holocaust, perhaps in Pol Pot's times 
in Cambodia, and other times we can point to. Rarely do we use the 
word. It is a word that is freighted with responsibility. You cannot 
just say there is genocide in some part of the world and isn't that a 
shame. We signed a genocide treaty that said once we detect a genocide, 
we go to international organizations--the United States does--and 
demand action. So using the word ``genocide,'' as the Bush 
administration has done, is a good thing because it prods us to do 
something, but it is a challenge that we must meet on something this 
timely and important.
  This act calls for the United States to call on the United Nations to 
immediately take action in Darfur. Some will say, well, that is 
pointless; Russia and China will veto that action in the Security 
Council. Regardless, we should force the issue to a vote. We should 
confront the Russians and the Chinese and ask them what they would do 
in light of this senseless killing.
  The horrific stories keep piling up. The jingaweit, the armed 
militias, running amok in Darfur are killing innocent people right and 
left. Sudanese aircraft strafed a village in southern Darfur, killing 
more than 100 men, women, and children, in January, according to Human 
Rights Watch. The world has witnessed this in Darfur. We know it has 
happened. We must do something about it. That is why I join my 
colleague in this request that we take action now, move this Darfur 
Accountability Act, join Senator Corzine, join Senator Brownback, and 
make this happen.
  Let me also say this. My closest friend in politics was Paul Simon, 
who preceded me in the Senate. He spoke out on the Rwandan genocide 
when very few did. He called on the Clinton administration to do 
something, and they did not. They look back now with sorrow and some 
shame that they did not. President Clinton has said that. We do not 
want to be in that same situation.
  The United States should not be a guilty bystander in this genocide. 
We will be guilty if we do not act. We will be bystanders if we come up 
with excuses to do nothing. We need to take the risk to save these 
people, as Paul Rusesabagina did in Rwanda. We can step in today and 
save and protect innocent lives, call on the United Nations to act, and 
if they fail to act, take the next step, even if it involves 
commitments from the United States which may not be immediately 
popular.
  I think the American people will understand. We are a compassionate, 
caring people who will not stand idly by in the face of a genocide as 
we did during Rwanda.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 495

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

[[Page S1941]]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Darfur Accountability Act of 
     2005''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Foreign Relations of the Senate and the Committee on 
     International Relations of the House of Representatives.
       (2) Government of sudan.--The term ``Government of Sudan'' 
     means the National Congress Party-led government in Khartoum, 
     Sudan, or any successor government formed on or after the 
     date of the enactment of this Act.
       (3) Member states.--The term ``member states'' means the 
     member states of the United Nations.
       (4) Sudan north-south peace agreement.--The term ``Sudan 
     North-South Peace Agreement'' means the comprehensive peace 
     agreement signed by the Government of Sudan and the Sudan 
     People's Liberation Army/Movement on January 9, 2005.
       (5) Those named by the un commission.--The term ``those 
     named by the UN Commission'' means those individuals whose 
     names appear in the sealed file delivered to the Secretary 
     General of the United Nations by the International Commission 
     of Inquiry on Darfur to the United Nations Secretary General.
       (6) UN commission.--The term ``UN Commission'' means the 
     International Commission of Inquiry on Darfur to the United 
     Nations Secretary General.

     SEC. 3. FINDINGS.

       Congress makes the following findings:
       (1) On July 22, 2004, the House of Representatives and the 
     Senate declared that the atrocities occurring in Darfur, 
     Sudan are genocide.
       (2) On September 9, 2004, Secretary of State Colin L. 
     Powell stated before the Committee on Foreign Relations of 
     the Senate, ``[w]hen 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''.
       (3) President George W. Bush, in an address before the 
     United Nations General Assembly on September 21, 2004, 
     stated, ``[a]t this hour, the world is witnessing terrible 
     suffering and horrible crimes in the Darfur region of Sudan, 
     crimes my government has concluded are genocide''.
       (4) On July 30, 2004, the United Nations Security Council 
     passed Security Council Resolution 1556, calling upon the 
     Government of Sudan to disarm the Janjaweed militias and to 
     apprehend and bring to justice Janjaweed leaders and their 
     associates who have incited and carried out violations of 
     human rights and international humanitarian law and carried 
     out other atrocities in the Darfur region.
       (5) On September 18, 2004, the United Nations Security 
     Council passed Security Council Resolution 1564, determining 
     that the Government of Sudan had failed to meet its 
     obligations under Security Council 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.
       (6) United Nations Security Council Resolution 1564 
     declares that if the Government of Sudan ``fails to comply 
     fully'' with Security Council Resolutions 1556 and 1564, the 
     Security Council shall consider taking ``additional 
     measures'' against the Government of Sudan ``as contemplated 
     in Article 41 of the Charter of the United Nations, such as 
     actions to affect Sudan's petroleum sector or individual 
     members of the Government of Sudan, in order to take 
     effective action to obtain such full compliance and 
     cooperation''.
       (7) United Nations Security Council Resolution 1564 also 
     ``welcomes and supports the intention of the African Union to 
     enhance and augment its monitoring mission in Darfur'' and 
     ``urges member states to support the African Union in these 
     efforts, including by providing all equipment, logistical, 
     financial, material, and other resources necessary to support 
     the rapid expansion of the African Union Mission''.
       (8) On February 1, 2005, the United Nations released the 
     Report of the International Commission of Inquiry on Darfur 
     to the United Nations Secretary-General, dated January 25, 
     2005, which stated that, ``[g]overnment forces and militias 
     conducted indiscriminate attacks, including killing of 
     civilians, torture, enforced disappearances, destruction of 
     villages, rape and other forms of sexual violence, pillaging 
     and forced displacement throughout Darfur'', that such ``acts 
     were conducted on a widespread and systematic basis, and 
     therefore may amount to crimes against humanity'', and that 
     the ``magnitude and large-scale nature of some crimes against 
     humanity as well as their consistency over a long period of 
     time, necessarily imply that these crimes result from a 
     central planning operation''.
       (9) The Report of the International Commission of Inquiry 
     on Darfur to the United Nations Secretary-General notes that, 
     pursuant to its mandate and in the course of its work, the UN 
     Commission collected information relating to individual 
     perpetrators of acts constituting ``violations of 
     international human rights law and international humanitarian 
     law, including crimes against humanity and war crimes'' and 
     that the UN Commission has delivered to the Secretary-General 
     of the United Nations a sealed file of those named by the UN 
     Commission with the recommendation that the ``file be handed 
     over to a competent Prosecutor''.

     SEC. 4. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the atrocities unfolding in Darfur, Sudan, have been 
     and continue to be genocide;
       (2) the United States should immediately seek passage at 
     the United Nations Security Council of a resolution that--
       (A) requires member states to freeze the property and 
     assets of, deny visas to, and deny entry to--
       (i) those named by the UN Commission;
       (ii) family members of those named by the UN Commission; 
     and
       (iii) any associates of those named by the UN Commission to 
     whom assets or property of those named by the UN Commission 
     were transferred on or after June 11, 2004;
       (B) urges member states to submit to the Security Council 
     the name of any individual that the government of any such 
     member state believes is or has been planning, carrying out, 
     responsible for, or otherwise involved in genocide, war 
     crimes, or crimes against humanity in Darfur, along with 
     evidence supporting such belief so that the Security Council 
     may consider imposing sanctions described in subparagraph (A) 
     against those individuals described in such subparagraph;
       (C) imposes sanctions or additional measures against the 
     Government of Sudan, including sanctions that will affect the 
     petroleum sector in Sudan, individual members of the 
     Government of Sudan, and entities controlled or owned by 
     officials of the government of Sudan or the National Congress 
     Party in Sudan, that will remain in effect until such time 
     as--
       (i) humanitarian organizations are granted full, unimpeded 
     access to Darfur;
       (ii) the Government of Sudan cooperates with humanitarian 
     relief efforts, carries out activities to demobilize and 
     disarm Janjaweed militias and any other militias supported or 
     created by the Government of Sudan, and cooperates fully with 
     efforts to bring to justice the individuals responsible for 
     genocide, war crimes, or crimes against humanity in Darfur;
       (iii) the Government of Sudan cooperates fully with the 
     African Union, the United Nations, and all other observer, 
     monitoring, and protection missions mandated to operate in 
     Sudan;
       (iv) the Government of Sudan permits the safe and voluntary 
     return of displaced persons and refugees to their homes and 
     rebuilds the communities destroyed in the violence in Darfur; 
     and
       (v) the Sudan North-South Peace Agreement is fully 
     implemented and a new coalition government is created under 
     such Agreement;
       (D) establishes a military no-fly zone in Darfur;
       (E) supports the expansion of the African Union force in 
     Darfur so that such force achieves the size and strength 
     needed to prevent ongoing fighting and violence in Darfur;
       (F) urges member states to accelerate assistance to the 
     African Union force in Darfur;
       (G) calls on the Government of Sudan to cooperate with, and 
     allow unrestricted movement in Darfur by, the African Union 
     force in the region, international humanitarian 
     organizations, and United Nations monitors;
       (H) extends the embargo of military equipment established 
     by paragraphs 7 through 9 of Security Council Resolution 1556 
     to include the prohibition of sale or supply to the 
     Government of Sudan; and
       (I) supports African Union efforts to negotiate peace talks 
     between the Government of Sudan and rebels in Darfur, calls 
     on the Government of Sudan and rebels in Darfur to abide by 
     their obligations under the N'Djamena Ceasefire Agreement of 
     April 8, 2004 and subsequent agreements, and urges parties to 
     engage in peace talks without preconditions and seek to 
     resolve the conflict;
       (3) the United States should work with other nations to 
     ensure effective efforts to freeze the property and assets of 
     and deny visas and entry to--
       (A) those named by the UN Commission;
       (B) any individuals the United States believes is or has 
     been planning, carrying out, responsible for, or otherwise 
     involved in genocide, war crimes, and crimes against humanity 
     in Darfur;
       (C) family members of any person described in subparagraphs 
     (A) or (B); and
       (D) any associates of any such person to whom assets or 
     property of such person were transferred on or after June 11, 
     2004;
       (4) the United States should support accountability through 
     action by the United Nations Security Council, pursuant to 
     Chapter VII of the Charter of the United Nations, to ensure 
     the prompt prosecution and adjudication in a competent 
     international court of justice of those named by the UN 
     Commission;
       (5) the United States should not provide assistance to the 
     Government of Sudan, other than assistance necessary for the 
     implementation of the Sudan North-South Peace

[[Page S1942]]

     Agreement, the support of the southern regional government in 
     Sudan, or for humanitarian purposes in Sudan, unless the 
     President certifies and reports to Congress that--
       (A) humanitarian organizations are being granted full, 
     unimpeded access to Darfur and the Government of Sudan is 
     providing full cooperation with humanitarian efforts;
       (B) concrete, sustained steps are being taken toward 
     demobilizing and disarming Janjaweed militias and any other 
     militias supported or created by the Government of Sudan;
       (C) the Government of Sudan is cooperating fully with 
     efforts to bring to justice those responsible for genocide, 
     war crimes, or crimes against humanity in Darfur;
       (D) the Government of Sudan cooperates fully with the 
     African Union, the United Nations, and all other observer, 
     monitoring, and protection missions mandated to operate in 
     Sudan;
       (E) the Government of Sudan permits the safe and voluntary 
     return of displaced persons and refugees to their homes and 
     rebuilds the communities destroyed in the violence in Darfur; 
     and
       (F) the Sudan North-South Peace Agreement is fully 
     implemented and a new coalition government is created under 
     such Agreement;
       (6) the President should work with the African Union and 
     other international organizations and nations to establish 
     mechanisms for the enforcement of a no-fly zone in Darfur;
       (7) the African Union should extend its mandate in Darfur 
     to include the protection of civilians and proactive efforts 
     to prevent violence, and member states should support fully 
     this extension;
       (8) the President should accelerate assistance to the 
     African Union force in Darfur and discussions with the 
     African Union and the European Union and other supporters of 
     the African Union force on the needs of such force, including 
     assistance for housing, transportation, communications, 
     equipment, technical assistance such as training and command 
     and control assistance, and intelligence;
       (9) the President should appoint a Presidential Envoy for 
     Sudan--
       (A) to support the implementation of the Sudan North-South 
     Peace Agreement;
       (B) to seek ways to bring stability and peace to Darfur;
       (C) to address instability elsewhere in Sudan; and
       (D) to seek a comprehensive peace throughout Sudan;
       (10) United States officials, including the President, the 
     Secretary of State, and the Secretary of Defense, should 
     raise the issue of Darfur in bilateral meetings with 
     officials from other members of the United Nations Security 
     Council and relevant countries, with the aim of passing a 
     United Nations Security Council resolution described in 
     paragraph (2) and mobilizing maximum support for political, 
     financial, and military efforts to stop the genocide in 
     Darfur;
       (11) the Secretary of State should immediately engage in a 
     concerted, sustained campaign with other members of the 
     United Nations Security Council and relevant countries with 
     the aim of achieving the goals described in paragraph (10);
       (12) the United States fully supports the Sudan North-South 
     Peace Agreement and urges the rapid implementation of its 
     terms; and
       (13) the United States condemns attacks on humanitarian 
     workers and calls on all forces in Darfur, including forces 
     of the Government of Sudan, all militia, and forces of the 
     Sudan People's Liberation Army/Movement and the Justice and 
     Equality Movement, to refrain from such attacks.

     SEC. 5. IMPOSITION OF SANCTIONS.

       (a) Freezing Assets.--At such time as the United States has 
     access to the names of those named by the UN Commission, the 
     President shall take such action as may be necessary to 
     immediately freeze the funds and other assets belonging to 
     anyone so named, their family members, and any associates of 
     those so named to whom assets or property of those so named 
     were transferred on or after June 11, 2004, including 
     requiring that any United States financial institution 
     holding such funds and assets promptly report those funds and 
     assets to the Office of Foreign Assets Control.
       (b) Visa Ban.--Beginning at such times as the United States 
     has access to the names of those named by the UN Commission, 
     the President shall deny visas and entry to--
       (1) those named by the UN Commission;
       (2) the family members of those named by the UN Commission; 
     and
       (3) anyone the President determines has been, is, or may be 
     planning, carrying out, responsible for, or otherwise 
     involved in crimes against humanity, war crimes, or genocide 
     in Darfur, Sudan.
       (c) Asset Reporting Requirement.--Not later than 14 days 
     after a decision to freeze the property or assets of, or deny 
     a visa or entry to, any person under this section, the 
     President shall report the name of such person to the 
     appropriate congressional committees.
       (d) Notification of Waivers of Sanctions.--Not later than 
     30 days before waiving the provisions of any sanctions 
     currently in force with regard to Sudan, the President shall 
     submit to the appropriate congressional committees a report 
     describing the waiver and the reasons therefor.

     SEC. 6. REPORTS TO CONGRESS.

       (a) Reports on Stabilization in Sudan.--
       (1) Initial report.--Not later than 30 days after the date 
     of enactment of this Act, the Secretary of State, in 
     conjunction with the Secretary of Defense, shall report to 
     the appropriate congressional committees on efforts to deploy 
     an African Union force in Darfur, the capacity of such force 
     to stabilize Darfur and protect civilians, the needs of such 
     force to succeed at such mission including housing, 
     transportation, communications, equipment, technical 
     assistance, including training and command and control, and 
     intelligence, current status of United States and other 
     assistance to the African Union force, and additional United 
     States assistance needed.
       (2) Subsequent reports.--The Secretary of State, in 
     conjunction with the Secretary of Defense, shall submit not 
     less than every 60 days until such time as the President 
     certifies that the situation in Darfur is stable and that 
     civilians are no longer in danger and that the African Union 
     is no longer needed to prevent a resumption of violence and 
     attacks against civilians.
       (b) Report on Those Named by the UN Commission.--At such 
     time as the United States has access to the names of those 
     named by the UN Commission, the President shall submit to the 
     appropriate congressional committees a report listing such 
     names.
       (c) Reports on Accountability.--
       (1) In general.--No later than 30 days after the date of 
     enactment of this Act and every 30 days thereafter, the 
     President shall submit to the appropriate congressional 
     committees a report on the status of efforts in the United 
     Nations Security Council to ensure prompt prosecution and 
     adjudication of those named by the UN Commission in a 
     competent international court of justice.
       (2) Content.--The reports required under paragraph (1) 
     shall describe--
       (A) the status of any relevant resolution introduced in the 
     United Nations Security Council;
       (B) the policy of the United States with regard to such 
     resolutions;
       (C) the status of all possible venues for prosecution and 
     adjudication of those named by the UN Commission, including 
     whether such venues have the jurisdiction, personnel and 
     assets necessary to promptly prosecute and adjudicate cases 
     involving such persons; and
       (D) any ongoing or planned United States or other 
     assistance related to the prosecution and adjudication of 
     cases involving those named by the UN Commission.

  Mr. BROWNBACK. Mr. President, today with several bipartisan 
colleagues, Senator Corzine and I introduced the Darfur Accountability 
Act of 2005. For nearly a year, this body has been aware of the ongoing 
genocide in Sudan. Last July we declared genocide in Darfur, followed 
shortly thereafter by the same declaration by former Secretary of State 
Colin Powell. Yet no punitive measure has been taken by the 
international community against the Government of Sudan for these 
egregious human rights violations. Some sources estimate that as many 
as 400,000 people have died as a result, and nearly 2 million have been 
displaced from their homes.
  Yesterday I spoke on the Senate floor in an attempt to display the 
face of genocide. Photographs of scorched bodies, castrated men, dead 
children, and burned villages were provided to me by Nicholas Kristof 
of the New York Times. These photos do nothing less than display the 
cruel impunity of those committing genocide. The haunting reality is 
that the international community has failed on their promise of ``never 
again.''
  The United Nations should take immediate steps to end this genocide 
and Kofi Annan should lead the Security Council to pass a strong, 
meaningful resolution that will immediately change the situation on the 
ground. There is no longer an excuse; we must call this what this is, 
and we must immediately act to prevent further pillaging and death. I 
have called on Annan several times to lead or leave. He should pass a 
resolution with mechanisms to see that the impunity ends and if he 
fails to do so, resign in moral protest at the international 
community's inaction and complacency.
  Our bill, the Darfur Accountability Act of 2005, calls for several 
key measures to be taken, including: a multilateral arms embargo to 
include the government of Sudan; a no fly zone; multilateral sanctions; 
targeted sanctions including travel bans and the freezing of assets of 
criminals; accelerated assistance to AU monitoring troops, and several 
other items that will secure a peaceful Darfur.
  I encourage my colleagues to join us in moving this bill through 
Congress. We do not have days or weeks to spare when millions of lives 
are in jeopardy. We cannot grant the government of

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Sudan and the janjaweed more time to execute the African tribes in 
Darfur. I look forward to working with Senator Corzine and other 
colleagues to see passage of this bill immediately.
                                 ______