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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
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,
Purpose and Summary.............................................. 2
Background and Need for the Legislation.......................... 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,
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
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
\4\ See INA section 212(a)(3)(C).
The Committee on the Judiciary held no hearings on H.R.
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.
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
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
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.
Honorable John Conyers, Jr.
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
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,
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).
WEDNESDAY, MARCH 15, 2006
House of Representatives,
Committee on the Judiciary,
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.
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
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
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
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
[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
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
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.
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.
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.
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
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.]