[Congressional Record (Bound Edition), Volume 152 (2006), Part 14]
[House]
[Pages 19590-19597]
[From the U.S. Government Publishing Office, www.gpo.gov]




              DARFUR PEACE AND ACCOUNTABILITY ACT OF 2006

  Mr. SMITH of New Jersey. Mr. Speaker, I move to suspend the rules and 
concur in the Senate amendment to the bill (H.R. 3127) to impose 
sanctions against individuals responsible for genocide, war crimes, and 
crimes again humanity, to support measures for the protection of 
civilians and humanitarian operations, and to support peace efforts in 
the Darfur region of Sudan, and for other purposes.
  The Clerk read as follows:

       Senate amendment:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Darfur 
     Peace and Accountability Act of 2006''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings.
Sec. 4. Sense of Congress.
Sec. 5. Sanctions in support of peace in Darfur.
Sec. 6. Additional authorities to deter and suppress genocide in 
              Darfur.
Sec. 7. Continuation of restrictions.
Sec. 8. Assistance efforts in Sudan.
Sec. 9. Reporting requirements.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) AMIS.--The term ``AMIS'' means the African Union 
     Mission in Sudan.
       (2) 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.
       (3) Comprehensive peace agreement for sudan.--The term 
     ``Comprehensive Peace Agreement for Sudan'' means the peace 
     agreement signed by the Government of Sudan and the SPLM/A in 
     Nairobi, Kenya, on January 9, 2005.
       (4) Darfur peace agreement.--The term ``Darfur Peace 
     Agreement'' means the peace agreement signed by the 
     Government of Sudan and by Minni Minnawi, leader of the Sudan 
     Liberation Movement/Army Faction, in Abuja, Nigeria, on May 
     5, 2006.

[[Page 19591]]

       (5) Government of sudan.--The term ``Government of 
     Sudan''--
       (A) means--
       (i) the government in Khartoum, Sudan, which is led by the 
     National Congress Party (formerly known as the National 
     Islamic Front); or
       (ii) any successor government formed on or after the date 
     of the enactment of this Act (including the coalition 
     National Unity Government agreed upon in the Comprehensive 
     Peace Agreement for Sudan); and
       (B) does not include the regional government of Southern 
     Sudan.
       (6) Officials of the government of sudan.--The term 
     ``official of the Government of Sudan'' does not include any 
     individual--
       (A) who was not a member of such government before July 1, 
     2005; or
       (B) who is a member of the regional government of Southern 
     Sudan.
       (7) SPLM/A.--The term ``SPLM/A'' means the Sudan People's 
     Liberation Movement/Army.

     SEC. 3. FINDINGS.

       Congress makes the following findings:
       (1) On July 23, 2004, Congress declared, ``the atrocities 
     unfolding 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, ``genocide has occurred and may still be 
     occurring in Darfur'', and ``the Government of Sudan and the 
     Janjaweed bear responsibility''.
       (3) On September 21, 2004, in an address before the United 
     Nations General Assembly, President George W. Bush affirmed 
     the Secretary of State's finding and 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 (2004), 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 
     establishing a ban on the sale or supply of arms and related 
     materiel of all types, including the provision of related 
     technical training or assistance, to all nongovernmental 
     entities and individuals, including the Janjaweed.
       (5) On September 18, 2004, the United Nations Security 
     Council passed Security Council Resolution 1564 (2004), 
     determining that the Government of Sudan had failed to meet 
     its obligations under Security Council Resolution 1556 
     (2004), 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 on Darfur to investigate 
     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 (2004) and 1564 (2004), including such actions as to 
     affect Sudan's petroleum sector or individual members of the 
     Government of Sudan.
       (6) The Report of the International Commission of Inquiry 
     on Darfur, submitted to the United Nations Secretary-General 
     on January 25, 2005, established that the ``Government of the 
     Sudan and the Janjaweed are responsible for serious 
     violations of international human rights and humanitarian law 
     amounting to crimes under international law,'' that ``these 
     acts were conducted on a widespread and systematic basis, and 
     therefore may amount to crimes against humanity,'' and that 
     officials of the Government of Sudan and other individuals 
     may have acted with ``genocidal intent''.
       (7) On March 24, 2005, the United Nations Security Council 
     passed Security Council Resolution 1590 (2005), establishing 
     the United Nations Mission in Sudan (referred to in this 
     section as the ``UNMIS''), consisting of up to 10,000 
     military personnel and 715 civilian police tasked with 
     supporting the implementation of the Comprehensive Peace 
     Agreement for Sudan and to ``closely and continuously liaise 
     and coordinate at all levels with the African Union Mission 
     in Sudan (AMIS)'', which had been established by the African 
     Union on May 24, 2004, to monitor the implementation of the 
     N'Djamena Humanitarian Ceasefire Agreement, signed on April 
     8, 2004, ``with a view towards expeditiously reinforcing the 
     effort to foster peace in Darfur''.
       (8) On March 29, 2005, the United Nations Security Council 
     passed Security Council Resolution 1591 (2005), extending the 
     military embargo established by Security Council Resolution 
     1556 (2004) to all the parties to the N'Djamena Ceasefire 
     Agreement of April 8, 2004, and any other belligerents in the 
     states of North Darfur, South Darfur, and West Darfur, 
     calling for an asset freeze and travel ban against those 
     individuals who impede the peace process, constitute a threat 
     to stability in Darfur and the region, commit violations of 
     international humanitarian or human rights law or other 
     atrocities, are responsible for offensive military 
     overflights, or violate the military embargo, and 
     establishing a Committee of the Security Council and a panel 
     of experts to assist in monitoring compliance with Security 
     Council Resolutions 1556 (2004) and 1591 (2005).
       (9) On March 31, 2005, the United Nations Security Council 
     passed Security Council Resolution 1593 (2005), referring the 
     situation in Darfur since July 1, 2002, to the prosecutor of 
     the International Criminal Court and calling on the 
     Government of Sudan and all parties to the conflict to 
     cooperate fully with the Court.
       (10) On July 30, 2005, Dr. John Garang de Mabior, the newly 
     appointed Vice President of Sudan and the leader of the SPLM/
     A for the past 21 years, was killed in a tragic helicopter 
     crash in Southern Sudan, sparking riots in Khartoum and 
     challenging the commitment of all Sudanese to the 
     Comprehensive Peace Agreement for Sudan.
       (11) On January 12, 2006, the African Union Peace and 
     Security Council issued a communique endorsing, in principle, 
     a transition from AMIS to a United Nations peacekeeping 
     operation and requested the Chairperson of the Council to 
     initiate consultations with the United Nations and other 
     stakeholders toward this end.
       (12) On February 3, 2006, the United Nations Security 
     Council issued a Presidential Statement authorizing the 
     initiation of contingency planning for a transition from AMIS 
     to a United Nations peacekeeping operation.
       (13) On March 10, 2006, the African Union Peace and 
     Security Council extended the mandate of AMIS, which had 
     reached a force size of 7,000, to September 30, 2006, while 
     simultaneously endorsing the transition of AMIS to a United 
     Nations peacekeeping operation and setting April 30, 2006 as 
     the deadline for reaching an agreement to resolve the crisis 
     in Darfur.
       (14) On March 24, 2006, the United Nations Security Council 
     passed Security Council Resolution 1663 (2006), which--
       (A) welcomes the African Peace and Security Council's March 
     10, 2006 communique; and
       (B) requests that the United Nations Secretary-General, 
     jointly with the African Union and in consultation with the 
     parties to the Abuja Peace Talks, expedite planning for the 
     transition of AMIS to a United Nations peacekeeping 
     operation.
       (15) On March 29, 2006, during a speech at Freedom House, 
     President Bush called for a transition to a United Nations 
     peacekeeping operation and ``additional forces with a NATO 
     overlay . . . to provide logistical and command-and-control 
     and airlift capacity, but also to send a clear signal to 
     parties involved that the west is determined to help effect a 
     settlement.''.
       (16) On April 25, 2006, the United Nations Security Council 
     passed Security Council Resolution 1672 (2006), unanimously 
     imposing targeted financial sanctions and travel restrictions 
     on 4 individuals who had been identified as those who, among 
     other acts, ``impede the peace process, constitute a threat 
     to stability in Darfur and the region, commit violations of 
     international humanitarian or human rights law or other 
     atrocities'', including the Commander of the Western Military 
     Region for the armed forces of Sudan, the Paramount Chief of 
     the Jalul Tribe in North Darfur, the Commander of the Sudan 
     Liberation Army, and the Field Commander of the National 
     Movement for Reform and Development.
       (17) On May 5, 2006, under the auspices of African Union 
     mediation and the direct engagement of the international 
     community, including the United States, the Government of 
     Sudan and the largest rebel faction in Darfur, the Sudan 
     Liberation Movement, led by Minni Minnawi, signed the Darfur 
     Peace Agreement, which addresses security, power sharing, and 
     wealth sharing issues between the parties.
       (18) In August 2006, the Sudanese government began to amass 
     military forces and equipment in the Darfur region in 
     contravention of the Darfur Peace Agreement to which they are 
     signatories in what appears to be preliminary to full scale 
     war.
       (19) On August 30, 2006, the United Nations Security 
     Council passed Security Council Resolution 1706 (2006), 
     without dissent and with abstentions by China, Russian 
     Federation, and Qatar, thereby asserting that the existing 
     United Nations Mission in Sudan ``shall take over from AMIS 
     responsibility for supporting the implementation of the 
     Darfur Peace Agreement upon the expiration of AMIS' mandate 
     but in any event no later than 31 December 2006'', and that 
     UNMIS ``shall be strengthened by up to 17,300 military 
     personnel . . . 3,300 civilian police personnel and up to 16 
     Formed Police Units'', which ``shall begin to be deployed [to 
     Darfur] no later than 1 October 2006''.
       (20) Between August 30 and September 3, 2006, President 
     Bashir and other senior members of his administration have 
     publicly rejected United Nations Security Council Resolution 
     1706 (2006), calling it illegal and a western invasion of his 
     country, despite the current presence of 10,000 United 
     Nations peacekeepers under the UNMIS peacekeeping force.
       (21) Since 1993, the Secretary of State has determined, 
     pursuant to section 6(j) of the Export Administration Act of 
     1979 (50 App. U.S.C. 2405(j)), that Sudan is a country, the 
     government of which has repeatedly provided support for acts 
     of international terrorism, thereby restricting United States 
     assistance, defense exports and sales, and financial and 
     other transactions with the Government of Sudan.

     SEC. 4. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the genocide unfolding in the Darfur region of Sudan is 
     characterized by acts of terrorism and atrocities directed 
     against civilians, including mass murder, rape, and sexual 
     violence committed by the Janjaweed and associated militias 
     with the complicity and support of the National Congress 
     Party-led faction of the Government of Sudan;
       (2) all parties to the conflict in the Darfur region have 
     continued to violate the N'Djamena Ceasefire Agreement of 
     April 8, 2004, and the Abuja Protocols of November 9, 2004, 
     and violence against civilians, humanitarian aid workers, and 
     personnel of AMIS is increasing;

[[Page 19592]]

       (3) the African Union should immediately make all necessary 
     preparations for an orderly transition to a United Nations 
     peacekeeping operation, which will maintain an appropriate 
     level of African participation, with a mandate to protect 
     civilians and humanitarian operations, assist in the 
     implementation of the Darfur Peace Agreement, and deter 
     violence in the Darfur region;
       (4) the international community, including the United 
     States and the European Union, should immediately act to 
     mobilize sufficient political, military, and financial 
     resources through the United Nations and the North Atlantic 
     Treaty Organization, to support the transition of AMIS to a 
     United Nations peacekeeping operation with the size, 
     strength, and capacity necessary to protect civilians and 
     humanitarian operations, to assist with the implementation of 
     the Darfur Peace Agreement, and to end the continued violence 
     in the Darfur region;
       (5) if an expanded and reinforced AMIS or subsequent United 
     Nations peacekeeping operation fails to stop genocide in the 
     Darfur region, the international community should take 
     additional measures to prevent and suppress acts of genocide 
     in the Darfur region;
       (6) acting under article 5 of the Charter of the United 
     Nations, the United Nations Security Council should call for 
     suspension of the Government of Sudan's rights and privileges 
     of membership by the General Assembly until such time as the 
     Government of Sudan has honored pledges to cease attacks upon 
     civilians, demobilize and demilitarize the Janjaweed and 
     associated militias, and grant free and unfettered access for 
     deliveries of humanitarian assistance in the Darfur region;
       (7) the President should use all necessary and appropriate 
     diplomatic means to ensure the full discharge of the 
     responsibilities of the Committee of the United Nations 
     Security Council and the panel of experts established 
     pursuant to section 3(a) of Security Council Resolution 1591 
     (2005);
       (8) the President should direct the United States Permanent 
     Representative to the United Nations to use the voice, vote, 
     and influence of the United States to urge the adoption of a 
     resolution by the United Nations Security Council that--
       (A) extends the military embargo established by United 
     Nations Security Resolutions 1556 (2004) and 1591 (2005) to 
     include a total ban on the sale or supply of offensive 
     military equipment to the Government of Sudan, except for use 
     in an internationally recognized demobilization program or 
     for nonlethal assistance necessary to carry out elements of 
     the Comprehensive Peace Agreement for Sudan or the Darfur 
     Peace Agreement; and
       (B) calls upon those member states of the United Nations 
     that continue to undermine efforts to foster peace in Sudan 
     by providing military assistance to the Government of Sudan, 
     government supported militias, or any rebel group operating 
     in Darfur in violation of the embargo on such assistance and 
     equipment, as called for in United Nations Security Council 
     Resolutions 1556 (2004) and 1591 (2005), to immediately cease 
     and desist.
       (9) the United States should not provide assistance to the 
     Government of Sudan, other than assistance necessary for the 
     implementation of the Comprehensive Peace Agreement for Sudan 
     and the Darfur Peace Agreement, the support of the regional 
     Government of Southern Sudan, the Transitional Darfur 
     Regional Authority, and marginalized areas in Northern Sudan 
     (including the Nuba Mountains, Southern Blue Nile, Abyei, 
     Eastern Sudan (Beja), Darfur, and Nubia), or for humanitarian 
     purposes in Sudan, until the Government of Sudan has honored 
     pledges to cease attacks upon civilians, demobilize and 
     demilitarize the Janjaweed and associated militias, grant 
     free and unfettered access for deliveries of humanitarian 
     assistance in the Darfur region, and allow for the safe and 
     voluntary return of refugees and internally displaced 
     persons;
       (10) the President should seek to assist members of the 
     Sudanese diaspora in the United States by establishing a 
     student loan forgiveness program for those individuals who 
     commit to return to Southern Sudan for a period of not less 
     than 5 years for the purpose of contributing professional 
     skills needed for the reconstruction of Southern Sudan;
       (11) the Presidential Special Envoy for Sudan should be 
     provided with appropriate resources and a clear mandate to--
       (A) provide stewardship of efforts to implement the 
     Comprehensive Peace Agreement for Sudan and the Darfur Peace 
     Agreement;
       (B) seek ways to bring stability and peace to the Darfur 
     region;
       (C) address instability elsewhere in Sudan, Chad, and 
     northern Uganda; and
       (D) pursue a truly comprehensive peace throughout the 
     region;
       (12) the international community should strongly condemn 
     attacks against humanitarian workers and African Union 
     personnel, and the forcible recruitment of refugees and 
     internally displaced persons from camps in Chad and Sudan, 
     and demand that all armed groups in the region, including the 
     forces of the Government of Sudan, the Janjaweed, associated 
     militias, the Sudan Liberation Movement/Army, the Justice and 
     Equality Movement, the National Movement for Reform and 
     Development (NMRD), and all other armed groups refrain from 
     such activities;
       (13) the United States should fully support the 
     Comprehensive Peace Agreement for Sudan and the Darfur Peace 
     Agreement and urge rapid implementation of their terms;
       (14) the May 5, 2006 signing of the Darfur Peace Agreement 
     between the Government of Sudan and the Sudan Liberation 
     Movement was a positive development in a situation that has 
     seen little political progress in 2 years and should be 
     seized upon by all sides to begin the arduous process of 
     post-conflict reconstruction, restitution, justice, and 
     reconciliation; and
       (15) the new leadership of the Sudan People's Liberation 
     Movement (referred to in this paragraph as ``SPLM'') should--
       (A) seek to transform SPLM into an inclusive, transparent, 
     and democratic body;
       (B) reaffirm the commitment of SPLM to--
       (i) bring peace to Southern Sudan, the Darfur region, and 
     Eastern Sudan; and
       (ii) eliminate safe haven for regional rebel movements, 
     such as the Lord's Resistance Army; and
       (C) remain united in the face of efforts to undermine SPLM.

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

       (a) Blocking of Assets and Restriction on Visas.--Section 6 
     of the Comprehensive Peace in Sudan Act of 2004 (Public Law 
     108-497; 50 U.S.C. 1701 note) is amended--
       (1) in the heading of subsection (b), by inserting ``of 
     Appropriate Senior Officials of the Government of Sudan'' 
     after ``Assets'';
       (2) by redesignating subsections (c) through (e) as 
     subsections (d) through (f), respectively; and
       (3) by inserting after subsection (b) the following:
       ``(c) Blocking of Assets and Restriction on Visas of 
     Certain Individuals Identified by the President.--
       ``(1) Blocking of assets.--Beginning on the date that is 30 
     days after the date of the enactment of the Darfur Peace and 
     Accountability Act of 2006, and in the interest of 
     contributing to peace in Sudan, the President shall, 
     consistent with the authorities granted under the 
     International Emergency Economic Powers Act (50 U.S.C. 1701 
     et seq.), block the assets of any individual who the 
     President determines is complicit in, or responsible for, 
     acts of genocide, war crimes, or crimes against humanity in 
     Darfur, including the family members or any associates of 
     such individual to whom assets or property of such individual 
     was transferred on or after July 1, 2002.
       ``(2) Restriction on visas.--Beginning on the date that is 
     30 days after the date of the enactment of the Darfur Peace 
     and Accountability Act of 2006, and in the interest of 
     contributing to peace in Sudan, the President shall deny a 
     visa and entry to any individual who the President determines 
     to be complicit in, or responsible for, acts of genocide, war 
     crimes, or crimes against humanity in Darfur, including the 
     family members or any associates of such individual to whom 
     assets or property of such individual was transferred on or 
     after July 1, 2002.''.
       (b) Waiver.--Section 6(d) of the Comprehensive Peace in 
     Sudan Act of 2004, as redesignated by subsection (a), is 
     amended by adding at the end the following: ``The President 
     may waive the application of paragraph (1) or (2) of 
     subsection (c) with respect to any individual if the 
     President determines that such a waiver is in the national 
     interests of the United States and, before exercising the 
     waiver, notifies the appropriate congressional committees of 
     the name of the individual and the reasons for the waiver.''.
       (c) Sanctions Against Janjaweed Commanders and Coordinators 
     or Other Individuals.--It is the sense of Congress, that the 
     President should immediately impose the sanctions described 
     in section 6(c) of the Comprehensive Peace in Sudan Act of 
     2004, as added by subsection (a), against any individual, 
     including the Janjaweed commanders and coordinators, 
     identified as those who, among other acts, ``impede the peace 
     process, constitute a threat to stability in Darfur and the 
     region, commit violations of international humanitarian or 
     human rights law or other atrocities''.

     SEC. 6. ADDITIONAL AUTHORITIES TO DETER AND SUPPRESS GENOCIDE 
                   IN DARFUR.

       (a) Presidential Assistance To Support AMIS.--Subject to 
     subsection (b) and notwithstanding any other provision of 
     law, the President is authorized to provide AMIS with--
       (1) assistance for any expansion of the mandate, size, 
     strength, and capacity to protect civilians and humanitarian 
     operations in order to help stabilize the Darfur region of 
     Sudan and dissuade and deter air attacks directed against 
     civilians and humanitarian workers; and
       (2) assistance in the areas of logistics, transport, 
     communications, material support, technical assistance, 
     training, command and control, aerial surveillance, and 
     intelligence.
       (b) Conditions.--
       (1) In general.--Assistance provided under subsection (a)--
       (A) shall be used only in the Darfur region; and
       (B) shall not be provided until AMIS has agreed not to 
     transfer title to, or possession of, any such assistance to 
     anyone not an officer, employee or agent of AMIS (or 
     subsequent United Nations peacekeeping operation), and not to 
     use or to permit the use of such assistance for any purposes 
     other than those for which such assistance was furnished, 
     unless the consent of the President has first been obtained, 
     and written assurances reflecting all of the forgoing have 
     been obtained from AMIS by the President.
       (2) Consent.--If the President consents to the transfer of 
     such assistance to anyone not an officer, employee, or agent 
     of AMIS (or subsequent

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     United Nations peacekeeping operation), or agrees to permit 
     the use of such assistance for any purposes other than those 
     for which such assistance was furnished, the President shall 
     immediately notify the Committee on Foreign Relations of the 
     Senate and the Committee on International Relations of the 
     House of Representatives in accordance with the procedures 
     applicable to reprogramming notifications under section 634A 
     of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1).
       (c) NATO Assistance To Support AMIS.--It is the sense of 
     Congress that the President should continue to instruct the 
     United States Permanent Representative to the North Atlantic 
     Treaty Organization (referred to in this section as ``NATO'') 
     to use the voice, vote, and influence of the United States at 
     NATO to--
       (1) advocate NATO reinforcement of the AMIS and its orderly 
     transition to a United Nations peacekeeping operation, as 
     appropriate;
       (2) provide assets to help dissuade and deter air strikes 
     directed against civilians and humanitarian workers in the 
     Darfur region of Sudan; and
       (3) provide other logistical, transportation, 
     communications, training, technical assistance, command and 
     control, aerial surveillance, and intelligence support.
       (d) Rule of Construction.--Nothing in this Act, or any 
     amendment made by this Act, shall be construed as a provision 
     described in section 5(b)(1) or 8(a)(1) of the War Powers 
     Resolution (Public Law 93-148; 50 U.S.C. 1544(b), 
     1546(a)(1)).
       (e) Denial of Entry at United States Ports to Certain Cargo 
     Ships or Oil Tankers.--
       (1) In general.--The President should take all necessary 
     and appropriate steps to deny the Government of Sudan access 
     to oil revenues, including by prohibiting entry at United 
     States ports to cargo ships or oil tankers engaged in 
     business or trade activities in the oil sector of Sudan or 
     involved in the shipment of goods for use by the armed forces 
     of Sudan until such time as the Government of Sudan has 
     honored its commitments to cease attacks on civilians, 
     demobilize and demilitarize the Janjaweed and associated 
     militias, grant free and unfettered access for deliveries of 
     humanitarian assistance, and allow for the safe and voluntary 
     return of refugees and internally displaced persons.
       (2) Exception.--Paragraph (1) shall not apply with respect 
     to cargo ships or oil tankers involved in--
       (A) an internationally-recognized demobilization program;
       (B) the shipment of non-lethal assistance necessary to 
     carry out elements of the Comprehensive Peace Agreement for 
     Sudan or the Darfur Peace Agreement; or
       (C) the shipment of military assistance necessary to carry 
     out elements of an agreement referred to in subparagraph (B) 
     if the President has made the determination set forth in 
     section 8(c)(2).
       (f) Prohibition on Assistance to Countries in Violation of 
     United Nations Security Council Resolutions 1556 and 1591.--
       (1) Prohibition.--Amounts made available to carry out the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) may 
     not be used to provide assistance (other than humanitarian 
     assistance) to the government of a country that is in 
     violation of the embargo on military assistance with respect 
     to Sudan imposed pursuant to United Nations Security Council 
     Resolutions 1556 (2004) and 1591 (2005).
       (2) Waiver.--The President may waive the application of 
     paragraph (1) if the President determines, and certifies to 
     the appropriate congressional committees, that such waiver is 
     in the national interests of the United States.

     SEC. 7. CONTINUATION OF RESTRICTIONS.

       (a) In General.--Restrictions against the Government of 
     Sudan that were imposed pursuant to Executive Order 13067 of 
     November 3, 1997 (62 Federal Register 59989), title III and 
     sections 508, 512, 527, and 569 of the Foreign Operations, 
     Export Financing, and Related Programs Appropriations Act, 
     2006 (Public Law 109-102), or any other similar provision of 
     law, shall remain in effect, and shall not be lifted pursuant 
     to such provisions of law, until the President certifies to 
     the appropriate congressional committees that the Government 
     of Sudan is acting in good faith to--
       (1) implement the Darfur Peace Agreement;
       (2) disarm, demobilize, and demilitarize the Janjaweed and 
     all militias allied with the Government of Sudan;
       (3) adhere to all associated United Nations Security 
     Council Resolutions, including Security Council Resolutions 
     1556 (2004), 1564 (2004), 1591 (2005), 1593 (2005), 1663 
     (2006), 1665 (2006), and 1706 (2006);
       (4) negotiate a peaceful resolution to the crisis in 
     eastern Sudan;
       (5) fully cooperate with efforts to disarm, demobilize, and 
     deny safe haven to members of the Lord's Resistance Army in 
     Sudan; and
       (6) fully implement the Comprehensive Peace Agreement for 
     Sudan without manipulation or delay, by--
       (A) implementing the recommendations of the Abyei 
     Boundaries Commission Report;
       (B) establishing other appropriate commissions and 
     implementing and adhering to the recommendations of such 
     commissions consistent with the terms of the Comprehensive 
     Peace Agreement for Sudan;
       (C) adhering to the terms of the Wealth Sharing Agreement; 
     and
       (D) withdrawing government forces from Southern Sudan 
     consistent with the terms of the Comprehensive Peace 
     Agreement for Sudan.
       (b) Waiver.--The President may waive the application of 
     subsection (a) if the President determines, and certifies to 
     the appropriate congressional committees, that such waiver is 
     in the national interests of the United States.

     SEC. 8. ASSISTANCE EFFORTS IN SUDAN.

       (a) Assistance for International Malaria Control Act.--
     Section 501 of the Assistance for International Malaria 
     Control Act (Public Law 106-570; 50 U.S.C. 1701 note) is 
     repealed.
       (b) Comprehensive Peace in Sudan Act.--Section 7 of the 
     Comprehensive Peace in Sudan Act of 2004 (Public Law 108-497; 
     50 U.S.C. 1701 note) is repealed.
       (c) Economic Assistance.--
       (1) In general.--Notwithstanding any other provision of 
     law, the President is authorized to provide economic 
     assistance for Southern Sudan, Southern Kordofan/Nuba 
     Mountains State, Blue Nile State, Abyei, Darfur, and 
     marginalized areas in and around Khartoum, in an effort to 
     provide emergency relief, to promote economic self-
     sufficiency, to build civil authority, to provide education, 
     to enhance rule of law and the development of judicial and 
     legal frameworks, to support people to people reconciliation 
     efforts, and to implement any nonmilitary program in support 
     of any viable peace agreement in Sudan, including the 
     Comprehensive Peace Agreement for Sudan and the Darfur Peace 
     Agreement.
       (2) Congressional notification.--Assistance may not be 
     obligated under this subsection until 15 days after the date 
     on which the Secretary of State notifies the congressional 
     committees specified in section 634A of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2394-1) of such obligation 
     in accordance with the procedures applicable to reprogramming 
     notifications under such section.
       (d) Authorized Military Assistance.--
       (1) In general.--If the President has not made a 
     certification under section 12(a)(3) of the Sudan Peace Act 
     (50 U.S.C. 1701 note) regarding the noncompliance of the 
     SPLM/A or the Government of Southern Sudan with the 
     Comprehensive Peace Agreement for Sudan, the President, 
     notwithstanding any other provision of law, may authorize, 
     for each of fiscal years 2006, 2007, and 2008, the provision 
     of the following assistance to the Government of Southern 
     Sudan for the purpose of constituting a professional military 
     force--
       (A) non-lethal military equipment and related defense 
     services, including training, controlled under the 
     International Traffic in Arms Regulations (22 C.F.R. 120.1 et 
     seq.) if the President--
       (i) determines that the provision of such items is in the 
     national security interest of the United States; and
       (ii) not later than 15 days before the provision of any 
     such items, notifies the Committee on Foreign Relations of 
     the Senate and the Committee on International Relations of 
     the House of Representatives of such determination; and
       (B) small arms and ammunition under categories I and III of 
     the United States Munitions List (22 C.F.R. 121.1 et seq.) if 
     the President--
       (i) determines that the provision of such equipment is 
     essential to the national security interests of the United 
     States; and
       (ii) consistent with the procedures set forth in section 
     614(a)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2364(a)(3)), notifies the Committee on Foreign Relations of 
     the Senate and the Committee on International Relations of 
     the House of Representatives of such determination.
       (2) End use assurances.--For each item exported pursuant to 
     this subsection or subsection (c), the President shall 
     include with the notification to Congress under subparagraphs 
     (A)(ii) and (B)(ii) of paragraph (1)--
       (A) an identification of the end users to which the 
     provision of assistance is being made;
       (B) the dollar value of the items being provided;
       (C) a description of the items being provided; and
       (D) a description of the end use verification procedures 
     that will be applied to such items, including--
       (i) any special assurances obtained from the Government of 
     Southern Sudan or other authorized end users regarding such 
     equipment; and
       (ii) the end use or retransfer controls that will be 
     applied to any items provided under this subsection.
       (3) Waiver authority.--Section 40 of the Arms Export 
     Control Act (22 U.S.C. 2780) shall not apply to assistance 
     provided under paragraph (1).
       (e) Exception to Prohibitions in Executive Order Number 
     13067.--Notwithstanding any other provision of law, the 
     prohibitions set forth with respect to Sudan in Executive 
     Order No. 13067 (62 Fed. Reg. 59989) shall not apply to 
     activities or related transactions with respect to Southern 
     Sudan, Southern Kordofan/Nuba Mountains State, Blue Nile 
     State, Abyei, Darfur, or marginalized areas in and around 
     Khartoum.

     SEC. 9. REPORTING REQUIREMENTS.

       Section 8 of the Sudan Peace Act (Public Law 107-245; 50 
     U.S.C. 1701 note) is amended--
       (1) by redesignating subsection (c) as subsection (g); and
       (2) by inserting after subsection (b) the following:
       ``(c) Report on African Union Mission in Sudan.--Until such 
     time as AMIS concludes its mission in Darfur, in conjunction 
     with the other reports required under this section, the 
     Secretary of State, in consultation with all relevant Federal 
     departments and agencies, shall prepare and submit a report, 
     to the appropriate congressional committees, regarding--
       ``(1) a detailed description of all United States 
     assistance provided to the African Union Mission in Sudan 
     (referred to in this subsection as

[[Page 19594]]

     `AMIS') since the establishment of AMIS, reported by fiscal 
     year and the type and purpose of such assistance; and
       ``(2) the level of other international assistance provided 
     to AMIS, including assistance from countries, regional and 
     international organizations, such as the North Atlantic 
     Treaty Organization, the European Union, the Arab League, and 
     the United Nations, reported by fiscal year and the type and 
     purpose of such assistance, to the extent possible.
       ``(d) Report on Sanctions in Support of Peace in Darfur.--
     In conjunction with the other reports required under this 
     section, the Secretary of State shall submit a report to the 
     appropriate congressional committees regarding sanctions 
     imposed under section 6 of the Comprehensive Peace in Sudan 
     Act of 2004, including--
       ``(1) a description of each sanction imposed under such 
     provision of law;
       ``(2) the name of the individual or entity subject to the 
     sanction, if applicable; and
       ``(3) whether or not such individual has been identified by 
     the United Nations panel of experts.
       ``(e) Report on United States Military Assistance.--In 
     conjunction with the other reports required under this 
     section, the Secretary of State shall submit a report to the 
     appropriate congressional committees describing the 
     effectiveness of any assistance provided under section 8 of 
     the Darfur Peace and Accountability Act of 2006, including--
       ``(1) a detailed annex on any military assistance provided 
     in the period covered by this report;
       ``(2) the results of any review or other monitoring 
     conducted by the Federal Government with respect to 
     assistance provided under that Act; and
       ``(3) any unauthorized retransfer or use of military 
     assistance furnished by the United States.''.

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


                             General Leave

  Mr. SMITH of New Jersey. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days to revise and extend their 
remarks on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I 
may consume.
  For as long as I can remember, we have received conflicting messages 
about the situation in Sudan. My staff and I, like many people in this 
body, have met with Sudanese government officials. We have met with 
African Union officials and Darfur rebel leaders in Khartoum, Darfur, 
Addis Ababa, Abuja, and in Washington; and we have gotten varying 
accounts and assurances between the northern and southern officials in 
the Sudan government, between the African Union military and political 
departments, and between the SLM factions and the JEM.
  Unfortunately, the past few months have brought more of the same. On 
May 5, 2006, we welcomed the news that the government of Sudan had 
signed a peace agreement with the largest rebel group in Darfur, the 
Minni Minnawi-led faction of the Sudan Liberation Movement Army. 
Modeled after the peace agreement which ostensibly ended over 20 years 
of war in southern Sudan, the Darfur Peace Agreement was hailed as a 
breakthrough in the peace process that had seen little progress in 2 
years.
  Our hopes for peace in Darfur were further raised on August 30 as the 
United Nations Security Council finally approved Resolution 1706, 
authorizing the transition of the well-meaning but severely constrained 
African Union Mission in Sudan, AMIS, to a larger, more capable U.N. 
peacekeeping mission with a robust mandate providing for civilian 
protection.
  Before the microphones were silenced and the ink had dried, however, 
it became clear that eloquent speeches and agreements on paper would do 
little, if anything, to protect human life in Darfur.
  Given its conduct of the war in the south, it should have been come 
as no surprise to learn that the government of Sudan had launched a new 
major military offensive in north Darfur in late August, in direct 
violation of the peace agreement it had signed just 3 months earlier.
  Rather than serving as a harbinger of peace, it appears that the 
Darfur Peace Agreement has emboldened the Sudanese government, the 
Janjaweed militias, and rebel groups in Darfur to act with even greater 
impunity in killing, abusing and displacing civilians as they seek to 
consolidate their positions before international peacekeepers are 
deployed.
  And despite assurances that a U.N. peacekeeping mission would be 
accepted upon conclusion of a peace agreement, Security Council 
Resolution 1706 was greeted by the Sudanese government with unmitigated 
hostility.
  Regardless of the fact that a U.N. peacekeeping mission already 
exists in southern Sudan, the Sudanese government now seeks to portray 
the proposed expansion to Darfur as a ``western invasion'' and has 
called upon jihadists to attack any U.N. peacekeepers who dare to 
deploy in Darfur.
  While it is not require under U.N. Security Council Resolution 1706, 
the Sudanese government's intransigence and inflammatory remarks have 
all but guaranteed that the long-awaited transition of AMIS will not 
take place before the end of this year.
  It is these sharp contrasts between word and deed in Sudan which 
underlie the importance of today's consideration of H.R. 3127, the 
Darfur Peace and Accountability Act.
  H.R. 3127, which was authored by Chairman Hyde and cosponsored by Mr. 
Lantos, Mr. Payne and me and 160 other Members, passed the House in 
April and was amended by the Senate just last week. It offers the 
President the tools he needs both to support the immediate expansion of 
AMIS and to facilitate its transition to a U.N. peacekeeping mission as 
soon as possible. It also provides the President with the authority to 
provide emergency economic and development assistance to marginalized 
areas in Sudan, including southern Sudan and Darfur.
  H.R. 3127 also carries punitive measures intended to promote 
accountability in Sudan and act as a deterrent against further 
atrocities. It imposes targeted sanctions against individuals 
determined to be complicit in or responsible for acts of genocide, war 
crimes or crimes against humanity in Darfur. It calls upon the 
President to take all necessary actions to deny the government of Sudan 
access to oil revenues, which have been used to fund its genocidal 
campaign in Darfur. H.R. 3127 also calls for the suspension of the 
government of Sudan's rights and privileges at the U.N. until it has 
honored its commitments before that body.
  The Senate amendment updates the bill to reflect events that have 
taken place following House passage last April and expresses the 
conviction of this Congress that AMIS must be transitioned to a larger, 
more capable U.N. mission. It also allows the President to provide 
limited military assistance to the government of southern Sudan, 
thereby fulfilling commitments to facilitate the transformation of the 
Sudan People's Liberation Army from a rebel group to a professional 
military force.
  I note with considerable regret that the Senate amendment also 
strikes an important provision to make clear that nothing in this bill 
shall preempt State laws on divestment.
  I am very proud of the fact that New Jersey has divested its pension 
fund investments from companies that do business with Khartoum. I would 
note that some States like Illinois are in court, in litigation, 
because they have done likewise. This provision would have made clear 
that nothing in the bill would preempt State laws on disinvestment. 
That is a loss, but there are many other things in this bill that I 
think warrant its passage.
  Mr. Speaker, in their addresses to the U.N. Assembly last week, both 
President Bush and Secretary General Kofi Annan recognized the 
transcendent importance of a show of resolve on Darfur. While it is 
true that the bill before us as amended by the Senate requires Members 
to make difficult compromises, it is nevertheless a solid bill. It is a 
serious bill. It is an urgent bill. Far too much time has lapsed. Far 
too many graves have been filled since we first began debating this 
resolution. The time to show Congress's resolve is now.

[[Page 19595]]

  Mr. Speaker, I reserve the balance of my time.
  Mr. LANTOS. Mr. Speaker, I rise in strong support of this bill, and I 
yield myself such time as I may consume.
  Mr. Speaker, I want to thank the gentleman from Illinois, Chairman 
Hyde, and our ranking subcommittee member, Mr. Payne, for the 
extraordinary hard work that went into writing this potentially life-
saving legislation, the Darfur Peace and Accountability Act.
  This bill, Mr. Speaker, has a simple goal: to increase steadily the 
pressure on the politicians in Khartoum so they finally will end the 
genocide there.
  Congress has acted before to pressure the Sudanese government, and 
perhaps we will have to do so again in the future. But we must continue 
to press until the genocide is ended, the displaced can return to their 
home, and justice will have been served.
  This important and comprehensive piece of legislation does many 
things. It imposes sanctions on political and military leaders in Sudan 
who are responsible for the Darfur genocide. It authorizes the 
President to provide additional assistance to the currently over-
matched African Union military mission. It prohibits assistance to 
countries in violation of the United Nations Security Council 
resolutions which impose sanctions on Sudan. It maintains existing 
United States sanctions on the government of Sudan to keep on the 
pressure.

                              {time}  2000

  And it makes special provisions to aid the Government of southern 
Sudan by exempting it from sanctions.
  Madam Speaker, the measures in this bill are ``smart sanctions'' on 
individuals. They target specific measures against political and 
military leaders who have directed the scorched Earth policy against 
men, women, and children in Darfur.
  Consider the scope of this tragedy: over 200,000 have died. More than 
2 million innocent civilians have been displaced from their homes. Rape 
is a weapon of choice against women and girls. And even those who find 
shelter in refugee camps beyond the country's borders are not safe from 
attack.
  The perpetrators of genocide in Darfur have lied about their actions. 
They defied international rebuke. And they attempted to hide their 
duplicitous nature by participating in peace negotiations while keeping 
up the aggression against the people of Darfur.
  Madam Speaker, the murderers in Khartoum do not respond to the fine 
points of diplomacy without blunt pressure that hampers their ability 
to do business as usual. Khartoum responds only to hardball tactics and 
then only reluctantly.
  Madam Speaker, genocide is not perpetrated by anonymous 
unidentifiable individuals and groups. Genocide is conceived, planned, 
and carried out by malicious immoral people with names and faces. Our 
legislation focuses specifically on those individuals who have been 
identified by the President as complicit in or responsible for acts of 
genocide, war crimes, or crimes against humanity in Darfur. The list of 
individuals includes their family members and people to whom assets 
have been transferred since the genocide began.
  Madam Speaker, we know who these perpetrators of evil are, and I am 
pleased beyond words that the House and the Senate are prepared to act 
against them. But our bill goes beyond sanctions against the evil-doers 
in Khartoum. It also ensures that sanctions on Sudanese Government 
officials remain in place until they have stopped the genocide and 
implanted the Darfur Peace Agreement, disarmed the murderous Arab 
militia, adhered to all U.N. Security Council resolutions, and 
negotiated a peaceful settlement to the crisis in eastern Sudan.
  Madam Speaker, the legislation before us today does not contain 
divestment provisions of the type that were so instrumental in bringing 
down the Apartheid government in South Africa. I strongly support such 
provisions, and the other body's refusal to include them in the 
comprehensive bill represents a missed opportunity. But this bill 
remains a very strong piece of legislation that will undoubtedly 
increase pressure on the Government of Sudan to end the genocide.
  With its passage, Congress is signaling that we will not be passive 
observers to mass murder. We will act and act decisively.
  I urge all of my colleagues to support this important bill.
  Madam Speaker, I am delighted to yield 2 minutes to a distinguished 
member of the International Relations Committee, my good friend from 
Minnesota, a strong voice for human rights, Congresswoman Betty 
McCollum.
  Ms. McCOLLUM of Minnesota. Madam Speaker, I am here to support H.R. 
3127, but I have serious concerns that this legislation is too little 
too late for hundreds of thousands of innocent people who have died and 
continue to be in danger.
  Secretary of State Colin Powell declared the murder in Sudan a 
genocide in September, 2004, 2 years ago. I voted on this legislation 
in subcommittee 15 months ago. And every day since then, the violence 
and the humanitarian crisis in Darfur have gotten worse. Passing this 
legislation today may make us all feel good, but it will not end the 
genocide or even slow down the killing.
  Sudan is a rogue nation. Sudan is a state sponsor of terrorism. In 
the Darfur region, the Sudanese regime terrorizes its citizens; it 
trains, it funds, and it arms the Janjaweed militia that commits acts 
of terrorism and mass murder and the systematic rape of girls and 
women. More than 2,000 villages have been destroyed in Darfur. More 
than 2 million people have been driven from their homes, and thousands 
of lives are at risk of disease and ongoing terrorist attacks by the 
Khartoum regime and the Janjaweed militia. This is an evil regime 
perpetrating genocide.
  Genocide is not a number of random incidents of violence. Genocide is 
the sum, the horrible outcome, of acts of terrorism perpetrated in a 
systematic manner against civilians; 400,000 innocent people have died.
  When H.R. 3127 passed this House, it included language calling upon 
the Secretary of State to declare the Janjaweed militia a foreign 
terrorist organization. I thank Mr. Hyde, Mr. Smith, and Mr. Lantos for 
supporting it. This language, unfortunately, has been stripped from the 
bill. But let us today call upon Secretary of State Rice to immediately 
designate the Janjaweed militia a foreign terrorist organization. Those 
who murder Africans are terrorists. Those who murder Muslim Africans 
are terrorists, and they should be given the same terrorist designation 
as those who attack Americans and Israelis. The Janjaweed militia are 
terrorists, and they must be held accountable for their crimes against 
humanity.
  Mr. LANTOS. Madam Speaker, I am pleased to yield 3 minutes to my 
friend from Texas, Congresswoman Sheila Jackson-Lee.
  Ms. JACKSON-LEE of Texas. Madam Speaker, I am here because I 
indicated that I believe that this debate or these debates that we have 
had over these last couple of hours may be some of the most important 
lifesaving efforts that this Congress can spend its time on this week.
  We have heard our colleagues over and over again talk about the 
devastation and the outrage of what is going on in Sudan. Let me thank 
Mr. Lantos and Mr. Hyde and Mr. Payne because I am reminded that, as my 
good friend and colleague who just recently debated this question on 
the floor reminded us, we have been here before. And when we came here 
before, we should have moved this legislation, not contending to give 
deference to the leader of Sudan anymore because he has obviously shown 
us that it is not his intention to do what is right for the suffering 
people.
  I have mentioned the fact that there are so many who have fled and 
who have been devastated out of the camps. So many women, so many poor 
conditions, so many harsh conditions, lack of water, lack of clothing, 
lack of housing and shelter, if you will, and certainly the inability 
to protect oneself.
  This legislation provides the sanctions against those who will 
perpetrate this horrible violence, but it also is the

[[Page 19596]]

kind of strong legislation that is needed. And as my good friend from 
California, Ranking Member Mr. Lantos, has said, it could do more. We 
could support divestiture. And, frankly, that is why I am supporting 
the legislation of Congresswoman Barbara Lee to call for the 
divestiture all over the Nation of any investment in Sudan.
  But allow me to share with you why this is such an important 
initiative. We have just heard from the President of Sudan, who has now 
begun new military offenses in Darfur and who has gone from country to 
country, Morocco, Egypt, and argued his case that he does not want U.N. 
peacekeepers in Sudan. Who is he to reject U.N. peacekeepers when he is 
perpetrating violence on his own constituents, his own people?
  Now, we have stood on this floor and we have affirmed some of the 
positive steps that our good friends in the Arab world are making, and 
I do not step away from that. But this is a time, with the passage of 
this legislation, for Algeria and Morocco and Egypt to reject the pleas 
of the Khartoum government and allow U.N. peacekeepers into the Sudan. 
This is a time for this legislation, which was passed some months back, 
to be able to immediately go to the President's desk so that sanctions 
can go against the individuals that are perpetrating this violence. And 
if we could, we need to move forward on legislation that causes the 
divestiture, and the reason is it seems impossible for the President of 
Sudan, for the Khartoum government to understand the urgency and the 
necessity of coming to grips with an existing peace agreement that has 
not been implemented or enforced. People are dying. Surrounding 
countries are bending under the pressure, and I would simply argue 
vigorously that this legislation needs to be passed and moved on to the 
President's desk. I ask my colleagues to support it.
  Madam Speaker, I rise today in strong support of H.R. 3127, which 
imposes sanctions against individuals responsible for genocide, war 
crimes, and crimes against humanity, supports measures for the 
protection of civilians and humanitarian operations, and supports peace 
efforts in the Darfur region of Sudan.
  The Darfur Peace and Accountability Act of 2005, H.R. 3127, is a 
bipartisan effort to impose sanctions on the Government of Sudan, its 
officials, and the Janjaweed militia who have engaged in genocidal acts 
in the Darfur region of Sudan over the past 2 years.
  The genocidal regime in Sudan has left 2.5 million people displaced 
and at least 400,000 people dead in Darfur. Due to increasing violence, 
15,000 innocent civilians continue to die each month. Genocide cannot 
continue on our watch; the United States must move towards effective 
action against this most terrible crime. The United Nations Secretary 
General has described the situation in Darfur as ``little short of hell 
on earth.'' Expert John Prendergast calls it ``Rwanda in slow motion.'' 
The United States Congress and administration are on record as 
declaring that the atrocities being committed in Darfur, Sudan are 
genocide.
  Until the security situation vastly improves, the people of Sudan 
will experience increasingly long-term adversity. Civilians can't plan 
on stability in the future. They can't grow crops, or raise livestock, 
if there is a likelihood-not a chance, a likelihood--that roving 
government-sponsored militias will beat, rape, or kill them if they 
wander outside the protection of makeshift camps. And these government-
sponsored criminals burn fields the people have managed to grow, and 
steal or slaughter the livestock the people have managed to keep.
  Over 400,000 people have died in the Darfur conflict since 2003, with 
3.5 million people driven into hunger, and another 2.5 million 
displaced due to violence. Imagine if the entire city of Las Vegas had 
perished at the hands of government-sponsored bandits, the population 
of Los Angeles was starving, and both the cities of Houston and Atlanta 
had all relocated due to conflict. The upheaval of the South after 
Hurricane Katrina is our closest reference to understanding the 
devastation Sudan is experiencing, and yet the scale in Sudan is 
overwhelming. We should all be quaking with anger.
  Human rights are not for any government to give and take--they are 
inherent, self-evident, and vital, as our founding fathers understood 
so well. We should not be complacent when such rights are violated or 
refused--we must use what power we have to ensure that people are free 
to live and thrive safely.
  We must work to deter any escalation of violence, and provide 
unwavering assistance to diffuse the current strife. I commend the 
tireless efforts of United States officials who have helped secure the 
Comprehensive Peace Agreement and the Darfur Peace Agreement. And yet 
there is much to be done, the welfare of a nation lies within our 
hands.
  Our role is clear, and we must do what we can to alleviate the 
desperation of the civilians caught in the mayhem in Sudan. I urge my 
colleagues to support this measure.
  Mr. LANTOS. Madam Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. SMITH of New Jersey. Madam Speaker, I yield myself the balance of 
my time.
  I would like to just at this point thank the following congressional 
staff for their extraordinary work and persistence in shaping this 
bill. As my colleague from Minnesota pointed out earlier, we did mark 
this bill up 15 months ago in my subcommittee, and it has been a long, 
arduous journey to this night on this Hyde-Lantos legislation. So I 
want to thank Joan Collins, Gregory Simpkins, Pearl Alice Marsh, Noelle 
LuSane, Ian Campbell, Hannah Royal, Aysha House-Moshi, Greg Adams, 
Samantha Stockman, Walker Roberts, Jock Scharfen, David Abramowitz, 
Will Lowell.
  And I hope I didn't leave anybody out because there was an 
extraordinary amount of give and take on this legislation. Again, some 
of its aspects that we would have liked to have seen dealing with 
disinvestment was dropped by the Senate. I think that was a setback. 
But it is still a very solid piece of legislation and deserves the full 
support of this body to advance our efforts to mitigate and hopefully 
end the genocide in Darfur.
  This now goes to the President, as I have just been reminded, and I 
think he will sign it very quickly. I urge its passage.
  Ms. WATERS. Madam Speaker, I rise to support H.R. 3127, the Darfur 
Peace and Accountability Act. This bill imposes sanctions on the 
government of Sudan and blocks the assets and restricts travel for 
individuals who are responsible for acts of genocide, war crimes or 
crimes against humanity in the Darfur region of Sudan.
  More than 450,000 people have died since 2003 as a result of the 
genocide in Darfur. There are two-and-a-half million displaced people 
in camps in Darfur and another 350,000 in refugee camps in neighboring 
Chad. Almost 7,000 people are dying every month in Darfur. There can be 
no doubt that what is taking place in Darfur is genocide, and the 
government of Sudan is responsible.
  Crimes against humanity in Darfur have escalated in recent months. 
Over 500 women were raped over the summer in one camp alone. There have 
been renewed attacks and aerial bombardment, and twelve humanitarian 
workers were killed, two of them in the last 4 weeks. If the United 
Nations does not intervene in Darfur now, the death toll could rise 
dramatically in the next few months.
  Earlier this year, I visited the Darfur region with my good friend 
from California, Congresswoman Nancy Pelosi, and I was deeply disturbed 
by what I saw. As far as the eyes could see, there were crowds of 
displaced people who had been driven from their homes, living literally 
on the ground with little tarps just covering them. It is 
unconscionable that this should continue.
  I urge my colleagues to vote in favor of this bill and take a firm 
stand against the crime of genocide in Darfur.
  The world stood by and watched the genocide that occurred in Rwanda. 
The world has noted over and over again the atrocities of the 
Holocaust. We must take action now to prevent a repeat of these 
horrific chapters in human history.
  Mr. LARSON of Connecticut. Madam Speaker, I once again rise in strong 
support of H.R. 3127, the Darfur Peace and Accountability Act. I am 
proud to be a cosponsor of this important legislation, and look forward 
to it being signed into law.
  The scope of the Darfur tragedy is nothing less than horrific. As far 
as we know, an estimated 400,000 people are now dead and over two 
million have been displaced as a result of the violence. Thousands 
continue to die each month as a result of starvation, neglect and 
sickness. Unfortunately, little has changed since the House first 
passed H.R. 3127 in April: the Sudanese government has continued to 
ignore United Nations Security Council resolutions calling for the end 
of the conflict, the May 2006 peace agreement has largely

[[Page 19597]]

been ignored and the violence against the people of Darfur has raged 
on.
  As United Nations Undersecretary General for Humanitarian Affairs Jan 
Egeland noted in August, the situation has only gone ``from real bad to 
catastrophic.'' It is therefore more important than ever that the 
United States provide the strong moral leadership necessary to spur the 
world community to act to stop the killings, kidnappings and rapes in 
Darfur. As our nation continues to work within the United Nations for 
strong international action on Darfur, passage of this bill, and its 
enactment into law, will send a clear message to the government of 
Sudan that the United States will not simply stand by as these 
atrocities continue.
  Two years ago, this Congress and the administration declared the 
atrocities in Darfur to be genocide and vowed to end the ongoing 
campaign of violence. It is in that spirit that we must continue to 
work to ensure that these strong words are not empty ones, that peace 
can be found in Sudan, and that the people of Darfur are one day free 
of the threat of genocide. This bill, and the other Darfur measures 
that we will pass today, are small but important steps towards reaching 
these goals.
  Mr. KIRK. Madam Speaker, I would like to express my strong support 
for the three bills under consideration this week relating to the 
crisis in Darfur, Sudan. These bills, H.R. 3127, the Darfur Peace and 
Accountability Act of 2006 conference report, H. Res. 723, which calls 
on the President to take immediate steps to improve the security 
situation in Darfur, and H. Res. 992, which urges the President to 
appoint a Presidential Special Envoy for Sudan, all take concrete steps 
towards ending the genocide in Darfur.
  The situation in Darfur, Sudan is increasingly concerning. Nearly 
three million Sudanese citizens will require emergency assistance in 
the next year. Sudanese government forces support Janjaweed Arab 
militias that commit crimes against humanity, including genocide. More 
than one million people were driven from their homes since February 
2003, while over 150,000 people took refuge in neighboring Chad. The 
hundreds of thousands of displaced people who remain in the Darfur 
region are confined to government controlled camps. Using Sudanese 
government resources, the Janjaweed militias rape, attack and prey upon 
these helpless victims.
  We must hold the Sudanese government accountable. I commend 
Representative Henry Hyde (R-IL) for introducing the Darfur Peace and 
Accountability Act of 2005. I am a cosponsor of this important bill 
that intensifies sanctions on the Government of Sudan, particularly 
targeting those responsible for genocide, war crimes, or crimes against 
humanity.
  The United States should do more to end the brutal killing and ethnic 
cleansing of civilians. We must bring war criminals to justice. I was 
glad to see H.R. 3127, the Darfur Peace and Accountability Act 
conference report pass the House of Representatives yesterday by voice 
vote. I urge President Bush to sign this important bill which takes 
significant measures to bring a lasting peace to this war-stricken 
region.
  I am also a firm supporter and cosponsor of House Resolution 992, 
which urges President Bush to appoint a Special Envoy for Sudan. I 
joined Representative Frank Wolf (R-VA) in sending a letter to the 
President requesting he appoint a Special Envoy earlier this summer. I 
was pleased to hear President Bush declare in his speech to the United 
Nations General Assembly that he is appointing former USAID 
Administrator Andrew Natsios to be the new Presidential Special Envoy 
for Sudan. Earlier in my career I worked closely with Mr. Natsios to 
tackle one of the worst humanitarian crises of the 1990's. Natsios 
coordinated food aid during the North Korea famine which saved tens of 
thousands of lives. Mr. Natsios is an experienced diplomat, and I am 
confident in his ability to coordinate American policy in the region to 
resolve this conflict.
  Despite the sincere efforts of our government, which has led the 
international community in providing nearly $440 million in emergency 
supplemental aid this year, millions of victims continue to live in 
camps under horrible conditions. Murderous militias continue to 
slaughter innocent civilians. We have a duty to bring an end to this 
humanitarian crisis. I urge my colleagues to join me in supporting 
these bills that demonstrate America's leadership in defense of those 
who need our help the most.
  Mr. SMITH of Texas. Madam Speaker, I strongly support the Darfur 
Peace and Accountability Act.'' This bill demonstrates the strong 
bipartisan commitment of Congress to address to the terrible crisis in 
Sudan.
  Day after day, month after month, we have watched the situation in 
Darfur deteriorate before our eyes. The genocide occurring there is a 
clear example and tragic reminder that atrocities still exist in the 
world today.
  This bill sends a clear message that the United States and the entire 
global community must do more to intervene in this catastrophe. It will 
expand our ability to support peacekeeping operations in the region and 
will hold accountable those responsible for committing atrocities.
  I recognize that this bill alone will not stop the violence in 
Darfur. However, it is a step, and an important step. I am hopeful that 
this will signal the beginning of our increased engagement with this 
issue.
  Mr. SMITH of New Jersey. Madam Speaker, I yield back the balance of 
my time.
  The SPEAKER pro tempore (Mrs. Drake). The question is on the motion 
offered by the gentleman from New Jersey (Mr. Smith) that the House 
suspend the rules and concur in the Senate amendment to the bill, H.R. 
3127.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate amendment was 
concurred in.
  A motion to reconsider was laid on the table.

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