[House Report 109-392]
[From the U.S. Government Publishing Office]



109th Congress                                            Rept. 109-392
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 2

======================================================================



 
              DARFUR PEACE AND ACCOUNTABILITY ACT OF 2006

                                _______
                                

 March 29, 2006.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3127]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on the Judiciary, to whom was referred the bill 
(H.R. 3127) to impose sanctions against individuals responsible 
for genocide, war crimes, and crimes against humanity, to 
support measures for the protection of civilians and 
humanitarian operations, and to support peace efforts in the 
Darfur region of Sudan, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.

  The amendment adopted by this committee is identical to the 
text reported by the Committee on International Relations shown 
in their report filed March 14, 2006 (H. Rept. No. 109-392, 
Part 1).

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for the Legislation..........................     2
Hearings.........................................................     2
Committee Consideration..........................................     3
Vote of the Committee............................................     3
Committee Oversight Findings.....................................     3
New Budget Authority and Tax Expenditures........................     3
Congressional Budget Office Cost Estimate........................     3
Performance Goals and Objectives.................................     4
Constitutional Authority Statement...............................     4
Section-by-Section Analysis and Discussion.......................     4
Changes in Existing Law Made by the Bill, as Reported............     5
Markup Transcript................................................     5

                          Purpose and Summary

    H.R. 3127 addresses the humanitarian crisis in the Darfur 
region of Sudan by imposing sanctions against individuals 
engaged in genocide, war crimes, and crimes against humanity. 
This legislation also promotes peace efforts in the Darfur 
region. The provisions of H.R. 3127 that are within the 
jurisdiction of the Judiciary Committee would make inadmissible 
certain individuals complicit in, or responsible for, acts of 
genocide, war crimes, or crimes against humanity in Darfur, 
Sudan.

                Background and Need for the Legislation

    There is an ongoing genocide of non-Arab tribes in the 
Darfur region of Sudan. Reports by refugees detail a systematic 
pattern of attacks against civilians by government-supported 
militias, collectively known as the Janjaweed, who have 
employed scorched earth tactics backed by air and land strikes 
by Sudanese government forces. Entire villages have been razed, 
crops burned, and wells and irrigation systems destroyed. There 
are widespread reports of arbitrary killings, abductions, 
looting, torture, and rape. Between 180,000 and 400,000 already 
have died and over two million have been displaced. On July 22, 
2004 the House of Representatives passed H.Con.Res. 467, which 
recognized that genocide is occuring in the Darfur region.
    H.R. 3127 requires that the U.S. deny visas and entry to 
any individual who is complicit in, or responsible for, acts of 
genocide, war crimes, or crimes against humanity in Darfur, 
including family members or any associates of such individuals 
to whom assets or property was improperly transferred on or 
after July 1, 2002 (designed to deny entry to family members/
associates of war profiteers). A waiver from these requirements 
is available if the President determines it to be in the 
national interest.
    United Nations Security Council Resolution 1591 \1\ 
provides that all countries shall take necessary measures to 
prevent entry into or transit through their territories of 
certain individuals designated by a Security Council committee 
who impede the peace process in Darfur, constitute a threat to 
stability in Darfur and the region, commit violations of 
international humanitarian or human rights law or other 
atrocities in Darfur, violate an arms embargo against all non-
governmental entities in Darfur (as provided in U.N. Security 
Council Resolution 1556 \2\) or who are responsible for 
offensive military overflights in Darfur by the Sudanese 
government. While Security Council resolutions do not possess 
the force of law or bind Congress, this bill can be viewed as 
implementing legislation for Resolution 1556. Current 
immigration law already makes inadmissible aliens who have 
committed genocide, torture, or extra-judicial killings,\3\ or 
whose entry would have potentially serious adverse foreign 
policy consequences for the United States.\4\
---------------------------------------------------------------------------
    \1\ See United Nations, Security Council, Resolution 1591 (2005).
    \2\ See United Nations, Security Council, Resolution 1556 (2004).
    \3\ See section 212(a)(3)(E) of the Immigration and Nationality Act 
(INA).
    \4\ See INA section 212(a)(3)(C).
---------------------------------------------------------------------------

                                Hearings

    The Committee on the Judiciary held no hearings on H.R. 
3127.

                        Committee Consideration

    On March 15, 2006, the Committee met in open session and 
ordered favorably reported the bill H.R. 3127 by voice vote, a 
quorum being present.

                         Vote of the Committee

    In compliance with clause 3(b) of Rule XIII of the Rules of 
the House of Representatives, the Committee notes that there 
were no recorded votes during Committee consideration of H.R. 
3127.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of Rule XIII of the Rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of Rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of Rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 3127, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 20, 2006.
Hon. F. James Sensenbrenner, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3127, the Darfur 
Peace and Accountability Act of 2006.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Sam 
Papenfuss, who can be reached at 226-2840.
            Sincerely,
                                       Douglas Holtz-Eakin.

Enclosure

cc:
        Honorable John Conyers, Jr.
        Ranking Member
H.R. 3127--Darfur Peace and Accountability Act of 2006.
    H.R. 3127 would impose sanctions on certain individuals 
associated with the government of Sudan or with militias 
operating in Sudan. The bill also would prohibit the provision 
of foreign assistance to countries that provide military 
assistance to Sudan, except when that assistance is for 
humanitarian reasons. Additionally, the bill would direct the 
President to use our influence and vote at both the United 
Nations and the North Atlantic Treaty Organization to encourage 
those organizations to provide additional support to the 
African Union Mission in Sudan. Finally, the bill would require 
the Department of State to provide reports dealing with the 
African Union Mission in Sudan.
    CBO estimates that implementing H.R. 3127 would not have a 
significant impact on the Federal budget. H.R. 3127 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and would not affect the budgets 
of state, local, or tribal governments.
    On March 20, 2006, CBO transmitted an estimate for H.R. 
3127 as reported by the House International Relations Committee 
on March 14, 2006. The estimates for the two versions of the 
bill are identical.
    The CBO staff contact is Sam Papenfuss who can be reached 
at 226-2840. This estimate was approved by Peter H. Fontaine, 
Deputy Assistant Director for Budget Analysis.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
Rule XIII of the Rules of the House of Representatives, H.R. 
3127 would make inadmissible certain individuals complicit in, 
or responsible for, acts of genocide, war crimes, or crimes 
against humanity in Darfur, Sudan.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of Rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in art. I, Sec. 8, cl. 3 of the Constitution.

               Section-by-Section Analysis and Discussion

    This following section by section analysis discusses the 
provisions of H.R. 3127 within the jurisdiction of the 
Judiciary Committee.
Section 5. Sanctions in Support of Peace in Darfur.
    Section 5(a) of the bill amends section 6 of the 
Comprehensive Peace in Sudan Act of 2004 (Pub. L. No. 108-497) 
by creating a new subsection (c) of section 6. Paragraph (2) of 
subsection (c) provides that beginning on the date that is 30 
days after the date of enactment, the President shall deny 
visas and entry to 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 individuals to whom 
assets or property of such individual transferred on or after 
July 1, 2002.
    Section 5(b) of the bill amends section 6(d) of the 
Comprehensive Peace in Sudan Act of 2004 by providing that the 
President may waive the application of the entry ban with 
respect to an individual if the President determines it to be 
in the national interest of the United States (and, prior to 
exercising the waiver, transmits to the appropriate 
congressional committees a notification that includes the name 
of the individual and the reasons for the waiver).
    Section 5(c) of the bill requires the President to 
immediately consider imposing the entry ban against the 
Janjaweed commanders and coordinators identified by the former 
U.S. Ambassador-at-Large for War Crimes before the Subcommittee 
on Africa of the International Relations Committee on June 24, 
2004.

         Changes in Existing Law Made by the Bill, as Reported

      The bill was referred to this Committee for consideration 
of such provisions of the bill and amendment as fall within the 
jurisdiction of this committee pursuant to clause 1(l) of Rule 
X of the Rules of the House of Representatives. The changes 
made to existing law by the amendment reported by the Committee 
on International Relations are shown in the report filed by 
that committee (H. Rept. No. 109-392, Part 1).

                           Markup Transcript



                            BUSINESS MEETING

                       WEDNESDAY, MARCH 15, 2006

                  House of Representatives,
                                Committee on the Judiciary,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:13 a.m., in 
Room 2141, Rayburn House Office Building, the Honorable F. 
James Sensenbrenner, Jr. (Chairman of the Committee) presiding.
    [Intervening business.]
    Chairman Sensenbrenner. Pursuant to notice, I now call up 
the bill H.R. 3127, the ``Darfur Peace and Accountability Act 
of 2005,'' for purposes of markup and move its favorable 
recommendation to the House.
    Without objection, the bill will be considered as read and 
open for amendment at any point, and the text as reported by 
the Committee on International Relations, which the Members 
have before them, will be considered as read and considered as 
the original text for purposes of amendment and open for 
amendment at any time.
    [The bill, H.R. 3127, follows:]
      
      

  


      

    Chairman Sensenbrenner. The Chair recognizes himself for 5 
minutes to explain the bill.
    This bill was introduced by International Relations 
Committee Chairman Hyde to combat the ongoing genocide of non-
Arab tribes in the Darfur region of Sudan. Reports by refugees 
detail a systematic pattern of attacks against civilians by 
Government-sponsored militias, who have employed scorched-earth 
tactics backed by air and land strikes by Sudanese Government 
forces. Entire villages have been razed, crops burned, and 
wells and irrigation systems destroyed.
    There are widespread reports of arbitrary killings, 
abductions, looting, torture, and rape. Between 180,000 and 
400,000 have already died, and over 2 million have been 
displaced.
    Section 5 of this bill falls within the jurisdiction of the 
Judiciary Committee and provides the basis for the Committee's 
sequential referral of this legislation. It requires that the 
U.S. deny visas and entry to any individual who is complicit in 
or responsible for acts of genocide, war crimes, or crimes 
against humanity in Darfur. This would include family members 
or any associates of such individuals to whom assets and 
property was improperly transferred on or after July 1, 2002, 
so that we can deny entry to family members or associates os 
profiteers. A waiver with respect to an individual is available 
if the President determines it to be in the national interest.
    This section also provides that the President should 
consider imposing this sanction against Janjaweed commanders 
and coordinators identified by the former U.S. Ambassador at 
Large for War Crimes. I should note that the current 
immigration law already makes inadmissible aliens who have 
committed genocide, torture, or extrajudicial killings or whose 
entry would have potentially serious adverse foreign policy 
consequences for the United States.
    This legislation reemphasizes and confirms the ability of 
the United States to deny entry to such criminals. I urge my 
colleagues to support this bill and recognize the gentleman 
from Michigan for whatever comments he wishes to make.
    Mr. Conyers. Mr. Chairman, I rise to enthusiastically 
support this measure, H.R. 3127, and I invite the gentlelady 
from Texas, I just wanted to know if she wanted any time so I 
could cut mine short if she was desirous.
    Ms. Jackson Lee. I would appreciate your kindness in some 
time, Mr. Ranking Member.
    Mr. Conyers. Thank you.
    This Darfur Peace and Accountability Act of 2005, in my 
view, is something that might have been passed even earlier 
than now. I think we absolutely have to pass it at this time. 
The genocide there is an embarrassment to us, to the United 
Nations, and to the people on the planet. And so, it is my hope 
that with the support of the administration, which has 
supported sanctions, that we would be able to move this measure 
as quickly as we can.
    But since the U.N. Security Council adopted calling for a 
travel ban for these perpetrators of heinous crime, not a 
single sanction has been imposed upon Sudanese officials or 
military members, and given the composition of the Security 
Council at the U.N., it seems unlikely that these sanctions 
will come any time soon.
    And so, I am again appreciative to the Chairman of this 
Committee for allowing our staffs to work together and to bring 
this measure to the full membership at this time.
    And I would yield to the distinguished gentlelady from 
Texas, Ms. Sheila Jackson Lee, who has been very deeply 
concerned about this matter.
    Ms. Jackson Lee. Thank you very much, Mr. Conyers, and 
thank you for your leadership continually on this issue and 
thank the Chairman for his joining in the effective movement of 
this legislation and in support thereof.
    This is what you call relief, and we may be the only body 
that can help in essence stem some of the vicious tide of 
murder and rape and pillage that is still going on in Sudan; in 
fact, plain genocide.
    If I may just cite the January 2005 International 
Commission of Inquiry in Darfur submitted a report, and it 
provided a detailed accounting of atrocities committed by the 
Government of Sudan, the Janjaweed Militia, and concluded that 
the Government of Sudan and the Janjaweed were responsible for 
serious violations of international human rights and 
humanitarian law. The Commission found, however, that the 
Government of Sudan had not pursued, if you will, any efforts 
in stopping this violence.
    I, too, believe that the Darfur Peace and Accountability 
Act of 2005 is a vital legislative initiative, and the 
amendment that we are putting forward today is crucial. In 
particular, what it provides is the opportunity for the 
administration to deny visas to those individuals who have been 
determined to have committed acts of genocide, war crimes, or 
crimes against humanity.
    This is a convention that exists at the United Nations. 
Unfortunately, however, they have not been able to enforce this 
particular convention, and so, therefore, we may be, as I have 
said, the only hope. I would hope as we move forward in this 
issue we would also find broader ways to address the question 
of genocide in Sudan, and might I just conclude by saying, Mr. 
Chairman and Mr. Ranking Member, I attended a meeting with the 
Ambassador to the U.N. on Monday at the United Nations who 
would welcome a suggestion I made that we convene at the United 
Nations Members of Congress interested in this issue to 
highlight Sudan and to impress upon the United Nations to take 
a much stronger, forceful role in the cessation of genocide in 
Sudan.
    I rise to support this amendment, and I thank the 
gentleman, and I yield back my time.
    Chairman Sensenbrenner. The time belongs to the gentleman 
from Michigan.
    Mr. Conyers. I return all unused time.
    Chairman Sensenbrenner. Without objection, all Members may 
place opening statements in the record at this point. Are there 
amendments?
    [The prepared statement of Ms. Jackson Lee follows:]

       Prepared Statement of the Honorable Sheila Jackson Lee, a 
           Representative in Congress from the State of Texas

    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 Janjarweed militia who have engaged in genocidal 
acts in the Darfur region of Sudan over the past two years.
    On July 22, 2004, Congress passed a resolution which requested the 
Secretary General of the United Nations to establish an international 
commission of inquiry to investigate reports of violations of 
international humanitarian law and human rights law in Darfur, to 
determine whether or not acts of genocide had occurred, and to identify 
the perpetrators of such violations.
    In late January 2005, the International Commission of Inquiry on 
Darfur submitted a report. The report provided a detailed accounting of 
atrocities committed by the Government of Sudan and its Janjaweed 
militia allies and concluded that the Government of Sudan and the 
Janjaweed were responsible for serious violations of international 
human rights and humanitarian law. The Commission found, however, that 
the Government of Sudan had not pursued a policy of genocide. According 
to the Commission, the crucial element of genocidal intent appeared to 
be missing.
    I am surprised and disappointed by that report. I met a few days 
ago with U.S. Ambassador John R. Bolton and the President of the United 
Nations General Assembly about the role of the United Nations in 
combating human trafficking. I was impressed by their sincerity about 
wanting to deal with that horrendous problem. I am sure that they also 
condemn what is happening in Sudan.
    H.R. 3127 has been referred to the Judiciary for consideration of 
Section 5 of the bill. This section would amend the Comprehensive Peace 
in Sudan Act of 2004 by denying visas to those in Sudan whom the 
President determines have committed acts of genocide, war crimes, or 
crimes against humanity. Currently, this Act imposes financial 
sanctions on senior officials of the Government of Sudan, but it does 
deny visas to them or to the Janjarweed leaders.
    I support Section 5 of H.R. 3127, but I am concerned about the 
absence of a provision to challenge names that are mistakenly placed on 
the list. I worked on a constituent case a few years ago that 
illustrates why such a provision is necessary.
    In a Presidential Proclamation dated January 14, 1998, President 
Clinton suspended the entry of persons who were or had been members of 
the military junta in Sierra Leone. The constituent=s husband was a 
high ranking civil servant in the Government of Sierra Leone when the 
military junta occurred. He remained in that post until he could escape 
from Sierra Leone and travel to the United States to join his wife 
here. Nevertheless, his name was placed on the proclamation list. When 
he was refused admission to the United States, he requested an asylum 
hearing.
    An immigration judge found him eligible for asylum on the ground 
that he had a well-founded fear of persecution in Sierra Leone, but the 
immigration judge concluded that he could not grant him asylum without 
violating the proclamation.
    The constituent=s husband was held in detention for several years, 
while fruitless efforts were made to challenge his inclusion on the 
proclamation list, and then he was deported to a country in the 
vicinity of Sierra Leone. From there, he was transferred to Sierra 
Leon. I have not heard from him since.
    This unfortunate man was deported without a hearing of any kind on 
whether his name belonged on the proclamation list. I was going to 
offer an amendment to Section 5 that would require the President to 
establish a procedure for challenging the names that are placed on this 
list, but I have decided instead to work on a bill with my colleague 
Congressman Tom Lantos that would establish due process proceedings for 
challenging entries on every federal list of this type, not just the 
list that will be established pursuant to the provisions in Section 5.
    In the meantime, I urge you to vote for Section 5 of H.R. 3127 to 
send a message to the Government of Sudan and the Janjarweed militia 
that we condemn the acts of genocide that they have committed.
    Thank you.

    If there are no amendments, a reporting quorum is not 
present. Without objection, the previous question--strike that 
for a second. Without objection, the version of the bill 
reported by the International Relations Committee and laid down 
as the base text is adopted. Hearing none, so ordered.
    Now, a reporting quorum is not present. Without objection, 
the previous question is ordered on reporting the bill as 
amended by the base text, which has been agreed to.
    [Intervening business.]
    Chairman Sensenbrenner. The question now occurs on the 
motion to report the bill H.R. 3127 favorably as amended by the 
Committee on International Relations, which is the base text. A 
reporting quorum is present.
    All those in favor will say aye.
    Opposed no.
    The ayes appear to have it. The ayes have it, and the 
motion to report favorably is agreed to. Without objection, the 
staff is directed to make any technical and conforming changes, 
and all Members will be given 2 days as provided by the rules 
in which to submit additional dissenting, supplemental, or 
minority views.
    [Intervening business.]
    Chairman Sensenbrenner. This concludes the items on the 
agenda. The Chair would like to thank everybody for their 
efficient processing of today's business, and without 
objection, the Committee stands adjourned.
    [Whereupon, at 11:16 a.m., the Committee was adjourned.]

                                  
