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Darfur Peace And Accountability Act Of 2006

Rep. Christopher H. Smith

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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:

(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:

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. (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.

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.

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; (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.

(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''.

(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 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.

(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.

(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.

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 `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.''.

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.

Rep. Christopher H. Smith

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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.

Is there objection to the request of the gentleman from New Jersey?

There was no objection.

Rep. Christopher H. Smith

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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.

Mr. Speaker, I reserve the balance of my time.

Rep. Tom Lantos

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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.

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.

Rep. Betty McCollum

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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.

Rep. Tom Lantos

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Madam Speaker, I am pleased to yield 3 minutes to my friend from Texas, Congresswoman Sheila Jackson-Lee.

(Ms. JACKSON-LEE of Texas asked and was given permission to revise and extend her remarks.)

Rep. Sheila Jackson-Lee

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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 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.

Rep. Tom Lantos

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Madam Speaker, I have no further requests for time, and I yield back the balance of my time.

Rep. Christopher H. Smith

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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.

Rep. Maxine Waters

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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.

Rep. John B. Larson

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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 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.

Rep. Christopher H. Smith

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Madam Speaker, I yield back the balance of my time.

Rep. Thelma D. Drake

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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.