IB 

Union Calendar No. 219 

109TH CONGRESS 

2D SESSION H. R. 3127 

[Report No. 109–392, Parts I and II] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 30, 2005 

Mr. HYDE (for himself, Mr. PAYNE, Mr. SMITH of New Jersey, Mr. LANTOS, 

Mr. ROYCE, Mr. TANCREDO, Mr. WOLF, Ms. JACKSON-LEE of Texas, Mr. 

RANGEL, and Mr. CAPUANO) introduced the following bill; which was referred to the Committee on International Relations 

MARCH 14, 2006 

Reported from the Committee on International Relations with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

MARCH 14, 2006 

Referred to the Committee on the Judiciary, for a period ending not later than 

March 28, 2006, for consideration of such provisions of the bill and the 

amendment as fall within the jurisdiction of that committee pursuant to 

clause 1(1), rule X 

MARCH 28, 2006 

Referral to the Committee on the Judiciary extended for a period ending not 

later than March 29, 2006 

MARCH 29, 2006 

Additional sponsors: Mr. MCCOTTER, Mr. BLUMENAUER, Mr. HOLDEN, Mr. 

WEXLER, Mr. SOUDER, Mr. ALLEN, Mr. GALLEGLY, Mr. CLEAVER, Mr. 

CASE, Mr. WAXMAN, Mr. VAN HOLLEN, Mr. HONDA, Ms. PELOSI, Mr. 

ACKERMAN, Mr. PRICE of North Carolina, Mr. SHAYS, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. LEACH, Mr. KING of New York, Mr. 

GREEN of Wisconsin, Mr. PENCE, Mr. BURTON of Indiana, Mr. BERMAN, 


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Mr. UDALL of Colorado, Mr. CROWLEY, Mr. SENSENBRENNER, Mr. 

BACHUS, Mr. MCDERMOTT, Ms. LEE, Ms. WATSON, Mr. OLVER, Mr. AL

GREEN of Texas, Mr. FORTENBERRY, Mr. MEEKS of New York, Mr. 

HOLT, Mr. PALLONE, Mr. CARDIN, Mr. MCNULTY, Mr. WEINER, Mr. 

ENGEL, Mr. LEVIN, Mrs. CAPPS, Ms. SCHWARTZ of Pennsylvania, Mr. 

SMITH of Washington, Ms. SOLIS, Mr. DAVIS of Florida, Mr. BRADY of 

Pennsylvania, Mr. BRADLEY of New Hampshire, Mr. CALVERT, Mr. 

FITZPATRICK of Pennsylvania, Mr. FRANK of Massachusetts, Ms. 

SCHAKOWSKY, Ms. KILPATRICK of Michigan, Mr. JEFFERSON, Mr. 

CUMMINGS, Ms. LINDA T. SA ́NCHEZ of California, Ms. MILLENDERMCDONALD, Mrs. JO ANN DAVIS of Virginia, Mr. HASTINGS of Florida, 

Mr. JACKSON of Illinois, Ms. WOOLSEY, Mr. WELDON of Pennsylvania, 

Ms. WASSERMAN SCHULTZ, Mr. ANDREWS, Mr. DOYLE, Ms. ROSLEHTINEN, Mr. OWENS, Mr. TAYLOR of North Carolina, Mr. ROTHMAN, 

Mr. LYNCH, Ms. ESHOO, Mr. MICHAUD, Mr. PETERSON of Minnesota, 

Mr. COSTA, Mr. HEFLEY, Mr. INGLIS of South Carolina, Mr. FARR, Mrs. 

MALONEY, Mr. SNYDER, Mr. MARKEY, Mr. MORAN of Virginia, Mr. 

CLAY, Mr. MEEHAN, Mr. DAVIS of Kentucky, Mr. DEFAZIO, Mr. ISSA, 

Mr. GORDON, Mr. KENNEDY of Rhode Island, Mr. NADLER, Mr. MILLER

of North Carolina, Ms. DELAURO, Mr. SHAW, Ms. VELA ́ZQUEZ, Mr. 

DAVIS of Illinois, Mr. MEEK of Florida, Mr. GILLMOR, Mr. EVANS, Mr. 

ISRAEL, Mr. PASCRELL, Mr. MCGOVERN, Mrs. MUSGRAVE, Mr. HINCHEY, Mr. STARK, Mrs. DAVIS of California, Mr. LANGEVIN, Mr. 

PLATTS, Mr. HIGGINS, Mr. LARSON of Connecticut, Mr. NEAL of Massachusetts, Mrs. LOWEY, Ms. BERKLEY, Mr. FRELINGHUYSEN, Mrs. 

TAUSCHER, Mr. KIRK, Mr. DENT, Ms. MOORE of Wisconsin, Mr. BROWN

of Ohio, Mr. BAIRD, Mr. GARRETT of New Jersey, Mr. SAXTON, Mr. 

SABO, Mr. REYNOLDS, Mr. BOOZMAN, Mr. FATTAH, Mr. BISHOP of New 

York, Ms. HOOLEY, Mrs. MCCARTHY, Mr. SHERMAN, Mr. TURNER, Mr. 

ROHRABACHER, Mr. AKIN, Ms. ZOE LOFGREN of California, Mr. FERGUSON, Mrs. NAPOLITANO, Mr. BEAUPREZ, Mr. BISHOP of Georgia, Mr. 

REICHERT, Mr. CONYERS, Mr. DELAHUNT, Mr. RUSH, Mr. LOBIONDO, 

Mrs. SCHMIDT, Mr. WYNN, Mr. RYAN of Wisconsin, Mr. SCOTT of Georgia, Mr. LINCOLN DIAZ-BALART of Florida, Ms. WATERS, Ms. BALDWIN, 

Mr. GEORGE MILLER of California, Ms. MATSUI, Mr. WU, Ms. CORRINE

BROWN of Florida, and Mr. GERLACH

MARCH 29, 2006 

Reported from the Committee on the Judiciary with an amendment, committed to the Committee of the Whole House on the State of the Union, 

and ordered to be printed 


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[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on June 30, 2005] 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Darfur Peace and Accountability Act of 2006’’ . 

6 (b) TABLE OF CONTENTS.—The table of contents of this 

7 Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Findings. 

Sec. 4. Sense of Congress. 

Sec. 5. Sanctions in support of peace in Darfur. 

Sec. 6. Additional authorities to deter and suppress genocide in Darfur. 

Sec. 7. Multilateral efforts. 

Sec. 8. Continuation of restrictions. 

Sec. 9. Assistance efforts in Sudan. 

Sec. 10. Reports. 

Sec. 11. Rule of construction. 

8 SEC. 2. DEFINITIONS. 

9 In this Act: 

10 (1) APPROPRIATE CONGRESSIONAL COMMIT11 TEES.—The term ‘‘appropriate congressional commitVerDate Aug 31 2005 22:56 Mar 29, 2006 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H3127.RH H3127

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1 tees’’ means the Committee on International Relations 

2 of the House of Representatives and the Committee on 

3 Foreign Relations of the Senate. 

4 (2) GOVERNMENT OF SUDAN.— 

5 (A) IN GENERAL.—The term ‘‘Government 

6 of Sudan’’ means the National Congress Party, 

7 formerly known as the National Islamic Front, 

8 led-government in Khartoum, Sudan, or any 

9 successor government formed on or after the date 

10 of the enactment of this Act (including the coali11 tion National Unity Government agreed upon in 

12 the Comprehensive Peace Agreement for Sudan), 

13 except that such term does not include the re14 gional Government of Southern Sudan. 

15 (B) OFFICIALS OF THE GOVERNMENT OF

16 SUDAN.—The term ‘‘Government of Sudan’’, 

17 when used with respect to an official of the Gov18 ernment of Sudan, does not include an indi19 vidual— 

20 (i) who was not a member of such gov21 ernment prior to July 1, 2005; or 

22 (ii) who is a member of the regional 

23 Government of Southern Sudan. 

24 (3) COMPREHENSIVE PEACE AGREEMENT FOR

25 SUDAN.—The term ‘‘Comprehensive Peace Agreement 


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1 for Sudan’’ means the peace agreement signed by the 

2 Government of Sudan and the Sudan People’s Libera3 tion Movement/Army (SPLM/A) in Nairobi, Kenya, 

4 on January 9, 2005. 

5 SEC. 3. FINDINGS. 

6 Congress makes the following findings: 

7 (1) On July 22, 2004, the House of Representa8 tives and the Senate declared that the atrocities occur9 ring in the Darfur region of Sudan are genocide. 

10 (2) On September 9, 2004, Secretary of State 

11 Colin L. Powell stated before the Committee on For12 eign Relations of the Senate, ‘‘genocide has been com13 mitted in Darfur,’’ and ‘‘the Government of Sudan 

14 and the [Janjaweed] bear responsibility—and geno15 cide may still be occurring’’. 

16 (3) On September 21, 2004, in an address before 

17 the United Nations General Assembly, President 

18 George W. Bush affirmed the Secretary of State’s 

19 finding and stated,‘‘[a]t this hour, the world is wit20 nessing terrible suffering and horrible crimes in the 

21 Darfur region of Sudan, crimes my government has 

22 concluded are genocide’’. 

23 (4) On July 30, 2004, the United Nations Secu24 rity Council passed Security Council Resolution 

25 1556, calling upon the Government of Sudan to disVerDate Aug 31 2005 22:56 Mar 29, 2006 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H3127.RH H3127

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1 arm the Janjaweed militias and to apprehend and 

2 bring to justice Janjaweed leaders and their associates 

3 who have incited and carried out violations of human 

4 rights and international humanitarian law, and es5 tablishing a ban on the sale or supply of arms and 

6 related materiel of all types, including the provision 

7 of related technical training or assistance, to all non8 governmental entities and individuals, including the 

9 Janjaweed. 

10 (5) On September 18, 2004, the United Nations 

11 Security Council passed Security Council Resolution 

12 1564, determining that the Government of Sudan had 

13 failed to meet its obligations under Security Council 

14 Resolution 1556, calling for a military flight ban in 

15 and over the Darfur region, demanding the names of 

16 Janjaweed militiamen disarmed and arrested for 

17 verification, establishing an International Commis18 sion of Inquiry on Darfur to investigate violations of 

19 international humanitarian and human rights laws, 

20 and threatening sanctions should the Government of 

21 Sudan fail to fully comply with Security Council 

22 Resolutions 1556 and 1564, including such actions as 

23 to affect Sudan’s petroleum sector or individual mem24 bers of the Government of Sudan. 


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1 (6) The Report of the International Commission 

2 of Inquiry on Darfur, submitted to the United Na3 tions Secretary-General on January 25, 2005, estab4 lished that the ‘‘Government of the Sudan and the 

5 Janjaweed are responsible for serious violations of 

6 international human rights and humanitarian law 

7 amounting to crimes under international law,’’ that 

8 ‘‘these acts were conducted on a widespread and sys9 tematic basis, and therefore may amount to crimes 

10 against humanity,’’ and that Sudanese officials and 

11 other individuals may have acted with ‘‘genocidal in12 tent’’. 

13 (7) The Report of the International Commission 

14 of Inquiry on Darfur further notes that, pursuant to 

15 its mandate and in the course of its work, the Com16 mission had collected information relating to indi17 vidual perpetrators of acts constituting ‘‘violations of 

18 international human rights law and international 

19 humanitarian law, including crimes against human20 ity and war crimes’’ and that a sealed file containing 

21 the names of those individual perpetrators had been 

22 delivered to the United Nations Secretary-General. 

23 (8) On March 24, 2005, the United Nations Se24 curity Council passed Security Council Resolution 

25 1590, establishing the United Nations Mission in 


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1 Sudan (UNMIS), consisting of up to 10,000 military 

2 personnel and 715 civilian police tasked with sup3 porting implementation of the Comprehensive Peace 

4 Agreement for Sudan and ‘‘closely and continuously 

5 liais[ing] and coordinat[ing] at all levels with the Af6 rican Union Mission in Sudan (AMIS) with a view 

7 towards expeditiously reinforcing the effort to foster 

8 peace in Darfur’’. 

9 (9) On March 29, 2005, the United Nations Se10 curity Council passed Security Council Resolution 

11 1591, extending the military embargo established by 

12 Security Council Resolution 1556 to all the parties to 

13 the N’djamena Ceasefire Agreement of April 8, 2004, 

14 and any other belligerents in the states of North 

15 Darfur, South Darfur, and West Darfur, calling for 

16 an asset freeze and travel ban against those individ17 uals who impede the peace process, constitute a threat 

18 to stability in Darfur and the region, commit viola19 tions of international humanitarian or human rights 

20 law or other atrocities, are responsible for offensive 

21 military overflights, or violate the military embargo, 

22 and establishing a Committee of the Security Council 

23 and a Panel of Experts to assist in monitoring com24 pliance with Security Council Resolutions 1556 and 

25 1591. 


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1 (10) On March 31, 2005, the United Nations Se2 curity Council passed Security Council Resolution 

3 1593, referring the situation in Darfur since July 1, 

4 2002, to the prosecutor of the International Criminal 

5 Court and calling on the Government of Sudan and 

6 all parties to the conflict to cooperate fully with the 

7 Court. 

8 (11) In remarks before the G–8 Summit on June 

9 30, 2005, President Bush reconfirmed that ‘‘the vio10 lence in Darfur is clearly genocide’’ and ‘‘the human 

11 cost is beyond calculation’’. 

12 (12) On July 30, 2005, Dr. John Garang de 

13 Mabior, the newly appointed Vice President of Sudan 

14 and the leader of the Sudan People’s Liberation Move15 ment/Army (SPLM/A) for the past 21 years, was 

16 killed in a tragic helicopter crash in southern Sudan, 

17 sparking riots in Khartoum and challenging the com18 mitment of all Sudanese to the Comprehensive Peace 

19 Agreement for Sudan. 

20 (13) Since 1993, the Secretary of State has de21 termined that the Republic of Sudan is a country 

22 which has repeatedly provided support for acts of 

23 international terrorism and, pursuant to section 6(j) 

24 of the Export Administration Act of 1979, section 40 

25 of the Arms Export Control Act, and section 620A of 


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1 the Foreign Assistance Act of 1961, designated Sudan 

2 as a State Sponsor of Terrorism, thereby restricting 

3 United States assistance, defense exports and sales, 

4 and financial and other transactions with the Gov5 ernment of Sudan. 

6 SEC. 4. SENSE OF CONGRESS. 

7 It is the sense of Congress that— 

8 (1) the genocide unfolding in the Darfur region 

9 of Sudan is characterized by acts of terrorism and 

10 atrocities directed against civilians, including mass 

11 murder, rape, and sexual violence committed by the 

12 Janjaweed and associated militias with the com13 plicity and support of the National Congress Party14 led faction of the Government of Sudan; 

15 (2) the Secretary of State should designate the 

16 Janjaweed militia as a foreign terrorist organization 

17 pursuant to section 219 of the Immigration and Na18 tionality Act; 

19 (3) all parties to the conflict in the Darfur re20 gion have continued to violate the N’djamena 

21 Ceasefire Agreement of April 8, 2004, and the Abuja 

22 Protocols of November 9, 2004, and violence against 

23 civilians, humanitarian aid workers, and personnel of 

24 the African Union Mission in Sudan (AMIS) is in25 creasing; 


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1 (4) the African Union should rapidly expand the 

2 size and amend the mandate of the African Union 

3 Mission in Sudan to authorize such action as may be 

4 necessary to protect civilians and humanitarian oper5 ations, and deter violence in the Darfur region with6 out delay; 

7 (5) the international community, including the 

8 United Nations, the North Atlantic Treaty Organiza9 tion (NATO), the European Union, and the United 

10 States, should immediately act to mobilize sufficient 

11 political, military, and financial resources to support 

12 the expansion of the African Union Mission in Sudan 

13 so that it achieves the size, strength, and capacity 

14 necessary for protecting civilians and humanitarian 

15 operations, and ending the continued violence in the 

16 Darfur region; 

17 (6) if an expanded and reinforced African Union 

18 Mission in Sudan fails to stop genocide in the Darfur 

19 region, the international community should take ad20 ditional, dispositive measures to prevent and suppress 

21 acts of genocide in the Darfur region; 

22 (7) acting under Article 5 of the Charter of the 

23 United Nations, the United Nations Security Council 

24 should call for suspension of the Government of Su25 dan’s rights and privileges of membership by the GenVerDate Aug 31 2005 22:56 Mar 29, 2006 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H3127.RH H3127

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1 eral Assembly until such time as the Government of 

2 Sudan has honored pledges to cease attacks upon ci3 vilians, demobilize and demilitarize the Janjaweed 

4 and associated militias, and grant free and unfettered 

5 access for deliveries of humanitarian assistance in the 

6 Darfur region; 

7 (8) the President should use all necessary and 

8 appropriate diplomatic means to ensure the full dis9 charge of the responsibilities of the Committee of the 

10 United Nations Security Council and the Panel of 

11 Experts established pursuant to section 3(a) of Secu12 rity Council Resolution 1591 (March 29, 2005); 

13 (9) the United States should not provide assist14 ance to the Government of Sudan, other than assist15 ance necessary for the implementation of the Com16 prehensive Peace Agreement for Sudan, the support of 

17 the regional Government of Southern Sudan and 

18 marginalized areas in northern Sudan (including the 

19 Nuba Mountains, Southern Blue Nile, Abyei, Eastern 

20 Sudan (Beja), Darfur, and Nubia), as well as 

21 marginalized peoples in and around Khartoum, or for 

22 humanitarian purposes in Sudan, until such time as 

23 the Government of Sudan has honored pledges to cease 

24 attacks upon civilians, demobilize and demilitarize 

25 the Janjaweed and associated militias, grant free and 


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1 unfettered access for deliveries of humanitarian assist2 ance in the Darfur region, and allow for the safe and 

3 voluntary return of refugees and internally displaced 

4 persons; 

5 (10) the President should seek to assist members 

6 of the Sudanese diaspora in the United States by es7 tablishing a student loan forgiveness program for 

8 those individuals who commit to return to southern 

9 Sudan for a period of not less than five years for the 

10 purpose of contributing professional skills needed for 

11 the reconstruction of southern Sudan; 

12 (11) the President should appoint a Presidential 

13 Envoy for Sudan with appropriate resources and a 

14 clear mandate to provide stewardship of efforts to im15 plement the Comprehensive Peace Agreement for 

16 Sudan, seek ways to bring stability and peace to the 

17 Darfur region, address instability elsewhere in Sudan 

18 and northern Uganda, and pursue a truly com19 prehensive peace throughout the region; 

20 (12) to achieve the goals specified in paragraph 

21 (10) and to further promote human rights and civil 

22 liberties, build democracy, and strengthen civil soci23 ety, the Presidential Envoy for Sudan should be em24 powered to promote and encourage the exchange of in25 dividuals pursuant to educational and cultural proVerDate Aug 31 2005 22:56 Mar 29, 2006 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6203 E:\BILLS\H3127.RH H3127

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1 grams, including programs funded by the Government 

2 of the United States; 

3 (13) the international community should strong4 ly condemn attacks against humanitarian workers 

5 and demand that all armed groups in the Darfur re6 gion, including the forces of the Government of 

7 Sudan, the Janjaweed, associated militias, the Sudan 

8 Liberation Movement/Army (SLM/A), the Justice and 

9 Equality Movement (JEM), and all other armed 

10 groups refrain from such attacks; 

11 (14) the United States should fully support the 

12 Comprehensive Peace Agreement for Sudan and urge 

13 rapid implementation of its terms; and 

14 (15) the new leadership of the Sudan People’s 

15 Liberation Movement (SPLM) should— 

16 (A) seek to transform the SPLM into an in17 clusive, transparent, and democratic body; 

18 (B) reaffirm the commitment of the SPLM 

19 to bringing peace not only to southern Sudan, 

20 but also to the Darfur region, eastern Sudan, 

21 and northern Uganda; and 

22 (C) remain united in the face of efforts to 

23 undermine the SPLM. 


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

2 (a) BLOCKING OF ASSETS AND RESTRICTION ON

3 VISAS.—Section 6 of the Comprehensive Peace in Sudan 

4 Act of 2004 (Public Law 108–497; 50 U.S.C. 1701 note) 

5 is amended— 

6 (1) in the heading of subsection (b), by inserting 

7 ‘‘OF APPROPRIATE SENIOR OFFICIALS OF THE SUDA8 NESE GOVERNMENT’’ after ‘‘ASSETS’’; 

9 (2) by redesignating subsections (c) through (e) 

10 as subsections (d) through (f), respectively; and 

11 (3) by inserting after subsection (b) the following 

12 new subsection: 

13 ‘‘(c) BLOCKING OF ASSETS AND RESTRICTION ON

14 VISAS OF CERTAIN INDIVIDUALS IDENTIFIED BY THE

15 PRESIDENT.— 

16 ‘‘(1) BLOCKING OF ASSETS.—Beginning on the 

17 date that is 30 days after the date of the enactment 

18 of the Darfur Peace and Accountability Act of 2006, 

19 and in the interest of contributing to peace in Sudan, 

20 the President shall, consistent with the authorities 

21 granted in the International Emergency Economic 

22 Powers Act (50 U.S.C. 1701 et seq.), block the assets 

23 of any individual who the President determines is 

24 complicit in, or responsible for, acts of genocide, war 

25 crimes, or crimes against humanity in Darfur, in26 cluding the family members or any associates of such 


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1 individual to whom assets or property of such indi2 vidual was transferred on or after July 1, 2002. 

3 ‘‘(2) RESTRICTION ON VISAS.—Beginning on the 

4 date that is 30 days after the date of the enactment 

5 of the Darfur Peace and Accountability Act of 2006, 

6 and in the interest of contributing to peace in Sudan, 

7 the President shall deny visas and entry to any indi8 vidual who the President determines is complicit in, 

9 or responsible for, acts of genocide, war crimes, or 

10 crimes against humanity in Darfur, including the 

11 family members or any associates of such individual 

12 to whom assets or property of such individual was 

13 transferred on or after July 1, 2002.’’. 

14 (b) WAIVER.—Section 6(d) of the Comprehensive Peace 

15 in Sudan Act of 2004 (as redesignated by subsection (a)) 

16 is amended by adding at the end the following new sentence: 

17 ‘‘The President may waive the application of paragraph (1) 

18 or (2) of subsection (c) with respect to an individual if the 

19 President determines that such a waiver is in the national 

20 interests of the United States and, prior to exercising the 

21 waiver, transmits to the appropriate congressional commit22 tees a notification which includes the name of the indi23 vidual and the reasons for the waiver.’’. 

24 (c) SANCTIONS AGAINST CERTAIN JANJAWEED COM25 MANDERS AND COORDINATORS.—The President should imVerDate Aug 31 2005 22:56 Mar 29, 2006 Jkt 049200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6203 E:\BILLS\H3127.RH H3127

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1 mediately consider imposing the sanctions described in sec2 tion 6(c) of the Comprehensive Peace in Sudan Act of 2004 

3 (as added by subsection (a)) against the Janjaweed com4 manders and coordinators identified by the former United 

5 States Ambassador-at-Large for War Crimes before the Sub6 committee on Africa of the House International Relations 

7 Committee on June 24, 2004. 

8 SEC. 6. ADDITIONAL AUTHORITIES TO DETER AND SUP9 PRESS GENOCIDE IN DARFUR. 

10 (a) UNITED STATES ASSISTANCE TO SUPPORT

11 AMIS.—Section 7 of the Comprehensive Peace in Sudan 

12 Act of 2004 (Public Law 108–497; 50 U.S.C. 1701 note) 

13 is amended— 

14 (1) by striking ‘‘Notwithstanding’’ and inserting 

15 ‘‘(a) GENERAL ASSISTANCE.—Notwithstanding’’; and 

16 (2) by adding at the end the following new sub17 section: 

18 ‘‘(b) ASSISTANCE TO SUPPORT AMIS.—Notwith19 standing any other provision of law, the President is au20 thorized to provide assistance, on such terms and conditions 

21 as the President may determine and in consultation with 

22 the appropriate congressional committees, to reinforce the 

23 deployment and operations of an expanded African Union 

24 Mission in Sudan (AMIS) with the mandate, size, strength, 

25 and capacity to protect civilians and humanitarian operVerDate Aug 31 2005 22:56 Mar 29, 2006 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6203 E:\BILLS\H3127.RH H3127

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1 ations, stabilize the Darfur region of Sudan and dissuade 

2 and deter air attacks directed against civilians and human3 itarian workers, including but not limited to providing as4 sistance in the areas of logistics, transport, communica5 tions, materiel support, technical assistance, training, com6 mand and control, aerial surveillance, and intelligence.’’. 

7 (b) NATO ASSISTANCE TO SUPPORT AMIS.—The 

8 President should instruct the United States Permanent 

9 Representative to the North Atlantic Treaty Organization 

10 (NATO) to use the voice, vote, and influence of the United 

11 States at NATO to advocate NATO reinforcement of the Af12 rican Union Mission in Sudan (AMIS), upon the request 

13 of the African Union, including but not limited to the pro14 vision of assets to dissuade and deter offensive air strikes 

15 directed against civilians and humanitarian workers in the 

16 Darfur region of Sudan and other logistical, transpor17 tation, communications, training, technical assistance, 

18 command and control, aerial surveillance, and intelligence 

19 support. 

20 (c) DENIAL OF ENTRY AT UNITED STATES PORTS TO

21 CERTAIN CARGO SHIPS OR OIL TANKERS.— 

22 (1) IN GENERAL.—The President should take all 

23 necessary and appropriate steps to deny the Govern24 ment of Sudan access to oil revenues, including by 

25 prohibiting entry at United States ports to cargo 


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1 ships or oil tankers engaged in business or trade ac2 tivities in the oil sector of Sudan or involved in the 

3 shipment of goods for use by the armed forces of 

4 Sudan until such time as the Government of Sudan 

5 has honored its commitments to cease attacks on civil6 ians, demobilize and demilitarize the Janjaweed and 

7 associated militias, grant free and unfettered access 

8 for deliveries of humanitarian assistance, and allow 

9 for the safe and voluntary return of refugees and in10 ternally displaced persons. 

11 (2) EXCEPTION.—Paragraph (1) shall not apply 

12 with respect to cargo ships or oil tankers involved in 

13 an internationally-recognized demobilization program 

14 or the shipment of non-lethal assistance necessary to 

15 carry out elements of the Comprehensive Peace Agree16 ment for Sudan. 

17 (d) PROHIBITION ON ASSISTANCE TO COUNTRIES IN

18 VIOLATION OF UNITED NATIONS SECURITY COUNCIL RESO19 LUTIONS 1556 AND 1591.— 

20 (1) PROHIBITION.—Amounts made available to 

21 carry out the Foreign Assistance Act of 1961 (22 

22 U.S.C. 2151 et seq.) may not be used to provide as23 sistance (other than humanitarian assistance) to the 

24 government of a country that is in violation of the 

25 embargo on military assistance with respect to Sudan 


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1 imposed pursuant to United Nations Security Coun2 cil Resolutions 1556 (July 30, 2004) and 1591 

3 (March 29, 2005). 

4 (2) WAIVER.—The President may waive the ap5 plication of paragraph (1) if the President determines 

6 and certifies to the appropriate congressional commit7 tees that it is in the national interests of the United 

8 States to do so. 

9 SEC. 7. MULTILATERAL EFFORTS. 

10 The President shall direct the United States Perma11 nent Representative to the United Nations to use the voice 

12 and vote of the United States to urge the adoption of a reso13 lution by the United Nations Security Council that— 

14 (1) supports the expansion of the African Union 

15 Mission in Sudan (AMIS) so that it achieves the 

16 mandate, size, strength, and capacity needed to pro17 tect civilians and humanitarian operations, and dis18 suade and deter fighting and violence in the Darfur 

19 region of Sudan, and urges Member States of the 

20 United Nations to accelerate political, material, fi21 nancial, and other assistance to the African Union to22 ward this end; 

23 (2) reinforces efforts of the African Union to ne24 gotiate peace talks between the Government of Sudan, 

25 the Sudan Liberation Movement/Army (SLM/A), the 


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1 Justice and Equality Movement (JEM), and associ2 ated armed groups in the Darfur region, calls on the 

3 Government of Sudan, the SLM/A, and the JEM to 

4 abide by their obligations under the N’Djamena 

5 Ceasefire Agreement of April 8, 2004 and subsequent 

6 agreements, urges all parties to engage in peace talks 

7 without preconditions and seek to resolve the conflict, 

8 and strongly condemns all attacks against humani9 tarian workers and African Union personnel in the 

10 Darfur region; 

11 (3) imposes sanctions against the Government of 

12 Sudan, including sanctions against individual mem13 bers of the Government of Sudan, and entities con14 trolled or owned by officials of the Government of 

15 Sudan or the National Congress Party in Sudan 

16 until such time as the Government of Sudan has hon17 ored its commitments to cease attacks on civilians, de18 mobilize and demilitarize the Janjaweed and associ19 ated militias, grant free and unfettered access for de20 liveries of humanitarian assistance, and allow for the 

21 safe and voluntary return of refugees and internally 

22 displaced persons; 

23 (4) extends the military embargo established by 

24 United Nations Security Council Resolutions 1556 

25 (July 30, 2004) and 1591 (March 29, 2005) to inVerDate Aug 31 2005 22:56 Mar 29, 2006 Jkt 049200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6203 E:\BILLS\H3127.RH H3127

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1 clude a total prohibition on the sale or supply of of2 fensive military equipment to the Government of 

3 Sudan, except for use in an internationally-recog4 nized demobilization program or for non-lethal assist5 ance necessary to carry out elements of the Com6 prehensive Peace Agreement for Sudan; and 

7 (5) calls upon those Member States of the United 

8 Nations that continue to undermine efforts to foster 

9 peace in Sudan by providing military assistance and 

10 equipment to the Government of Sudan, the SLM/A, 

11 the JEM, and associated armed groups in the Darfur 

12 region in violation of the embargo on such assistance 

13 and equipment, as called for in United Nations Secu14 rity Council Resolutions 1556 and 1591, to imme15 diately cease and desist. 

16 SEC. 8. CONTINUATION OF RESTRICTIONS. 

17 (a) CONTINUATION OF RESTRICTIONS.—Restrictions 

18 against the Government of Sudan that were imposed pursu19 ant to Executive Order 13067 of November 3, 1997 (62 Fed20 eral Register 59989), title III and sections 508, 512, 527, 

21 and 569 of the Foreign Operations, Export Financing, and 

22 Related Programs Appropriations Act, 2006, or any other 

23 similar provision of law, shall remain in effect and shall 

24 not be lifted pursuant to such provisions of law until the 

25 President transmits to the appropriate congressional comVerDate Aug 31 2005 22:56 Mar 29, 2006 Jkt 049200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6203 E:\BILLS\H3127.RH H3127

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1 mittees a certification that the Government of Sudan is act2 ing in good faith to— 

3 (1) peacefully resolve the crisis in the Darfur re4 gion of Sudan; 

5 (2) disarm, demobilize, and demilitarize the 

6 Janjaweed and all government-allied militias; 

7 (3) adhere to United Nations Security Council 

8 Resolutions 1556 (2004), 1564 (2004), 1591 (2005), 

9 and 1593 (2005); 

10 (4) negotiate a peaceful resolution to the crisis in 

11 eastern Sudan; 

12 (5) fully cooperate with efforts to disarm, de13 mobilize, and deny safe haven to members of the 

14 Lords Resistance Army; and 

15 (6) fully implement the Comprehensive Peace 

16 Agreement for Sudan without manipulation or delay, 

17 including by— 

18 (A) implementing the recommendations of 

19 the Abyei Commission Report; 

20 (B) establishing other appropriate commis21 sions and implementing and adhering to the rec22 ommendations of such commissions consistent 

23 with the terms of the Comprehensive Peace 

24 Agreement for Sudan; 


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1 (C) adhering to the terms of the Wealth 

2 Sharing Agreement; and 

3 (D) withdrawing government forces from 

4 southern Sudan consistent with the terms of the 

5 Comprehensive Peace Agreement for Sudan. 

6 (b) WAIVER.—The President may waive the applica7 tion of subsection (a) if the President determines and cer8 tifies to the appropriate congressional committees that it 

9 is in the national interests of the United States to do so. 

10 SEC. 9. ASSISTANCE EFFORTS IN SUDAN. 

11 (a) ADDITIONAL AUTHORITIES.—Section 501(a) of the 

12 Assistance for International Malaria Control Act (50 

13 U.S.C. 1701 note) is amended— 

14 (1) by striking ‘‘Notwithstanding any other pro15 vision of law’’ and inserting the following: 

16 ‘‘(1) IN GENERAL.—Notwithstanding any other 

17 provision of law’’; 

18 (2) by inserting ‘‘civil administrations,’’ after 

19 ‘‘indigenous groups,’’; 

20 (3) by striking ‘‘areas outside of control of the 

21 Government of Sudan’’ and inserting ‘‘southern 

22 Sudan, southern Kordofan/Nuba Mountains State, 

23 Blue Nile State, and Abyei’’; 


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•HR 3127 RH 

1 (4) by inserting at the end before the period the 

2 following: ‘‘, including the Comprehensive Peace 

3 Agreement for Sudan’’; and 

4 (5) by adding at the end the following new para5 graph: 

6 ‘‘(2) CONGRESSIONAL NOTIFICATION.— 

7 ‘‘(A) IN GENERAL.—Assistance may not be 

8 obligated under this subsection until 15 days 

9 after the date on which the President has pro10 vided notice thereof to the congressional commit11 tees specified in section 634A of the Foreign As12 sistance Act of 1961 (22 U.S.C. 2394–1) in ac13 cordance with the procedures applicable to re14 programming notifications under such section. 

15 ‘‘(B) RULE OF CONSTRUCTION.—The notifi16 cation requirement of subparagraph (A) shall 

17 not apply in the case of assistance subject to no18 tification in accordance with section 634A of the 

19 Foreign Assistance Act of 1961 pursuant to any 

20 provision of an Act making appropriations for 

21 foreign operations, export financing, and related 

22 programs.’’. 

23 (b) EXCEPTION TO PROHIBITIONS IN EXECUTIVE

24 ORDER NO. 13067.—Section 501(b) of the Assistance for 


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1 International Malaria Control Act (50 U.S.C. 1701 note) 

2 is amended— 

3 (1) in the heading, by striking ‘‘EXPORT PROHI4 BITIONS’’ and inserting ‘‘PROHIBITIONS IN EXECU5 TIVE ORDER NO. 13067’’; 

6 (2) by striking ‘‘any export from an area in 

7 Sudan outside of control of the Government of Sudan, 

8 or to any necessary transaction directly related to 

9 that export’’ and inserting ‘‘activities or related 

10 transactions with respect to southern Sudan, southern 

11 Kordofan/Nuba Mountains State, Blue Nile State, or 

12 Abyei’’; and 

13 (3) by striking ‘‘the export or related trans14 action’’ and all that follows and inserting ‘‘such ac15 tivities or related transactions would directly benefit 

16 the economic recovery and development of those areas 

17 and people.’’. 

18 SEC. 10. REPORTS. 

19 (a) REPORT ON AFRICAN UNION MISSION IN SUDAN

20 (AMIS).—Section 8 of the Sudan Peace Act (Public Law 

21 107–245; 50 U.S.C. 1701 note) is amended— 

22 (1) by redesignating subsection (c) as subsection 

23 (d); and 

24 (2) by inserting after subsection (b) the following 

25 new subsection: 


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1 ‘‘(c) REPORT ON AFRICAN UNION MISSION IN SUDAN

2 (AMIS).—In conjunction with reports required under sub3 sections (a) and (b) of this section, the Secretary of State 

4 shall submit to the appropriate congressional committees a 

5 report, to be prepared in conjunction with the Secretary 

6 of Defense, on— 

7 ‘‘(1) efforts to fully deploy the African Union 

8 Mission in Sudan (AMIS) with the size, strength, and 

9 capacity necessary to stabilize the Darfur region of 

10 Sudan and protect civilians and humanitarian oper11 ations; 

12 ‘‘(2) the needs of AMIS to ensure success, includ13 ing in the areas of housing, transport, communica14 tions, equipment, technical assistance, training, com15 mand and control, intelligence, and such assistance as 

16 is necessary to dissuade and deter attacks, including 

17 by air, directed against civilians and humanitarian 

18 operations; 

19 ‘‘(3) the current level of United States assistance 

20 and other assistance provided to AMIS, and a request 

21 for additional United States assistance, if necessary; 

22 ‘‘(4) the status of North Atlantic Treaty Organi23 zation (NATO) plans and assistance to support 

24 AMIS; and 


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1 ‘‘(5) the performance of AMIS in carrying out 

2 its mission in the Darfur region.’’. 

3 (b) REPORT ON SANCTIONS IN SUPPORT OF PEACE IN

4 DARFUR.—Section 8 of the Sudan Peace Act (Public Law 

5 107–245; 50 U.S.C. 1701 note), as amended by subsection 

6 (a), is further amended— 

7 (1) by redesignating subsection (d) as subsection 

8 (e); and 

9 (2) by inserting after subsection (c) the following 

10 new subsection: 

11 ‘‘(d) REPORT ON SANCTIONS IN SUPPORT OF PEACE

12 IN DARFUR.—In conjunction with reports required under 

13 subsections (a), (b), and (c) of this section, the Secretary 

14 of State shall submit to the appropriate congressional com15 mittees a report regarding sanctions imposed under sub16 sections (a) through (d) of section 6 of the Comprehensive 

17 Peace in Sudan Act of 2004, including— 

18 ‘‘(1) a description of each sanction imposed 

19 under such provisions of law; and 

20 ‘‘(2) the name of the individual or entity subject 

21 to the sanction, if applicable.’’. 

22 SEC. 11. RULE OF CONSTRUCTION. 

23 Nothing in this Act (or any amendment made by this 

24 Act) or any other provision of law shall be construed to 

25 preempt any State law that prohibits investment of State 


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•HR 3127 RH 

1 funds, including State pension funds, in or relating to the 

2 Republic of the Sudan. 


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Union Calendar No. 219 

109TH CONGRESS 

2D SESSION H. R. 3127 

[Report No. 109

–392, Parts I and II] 

A BILL 

To impose sanctions against individuals responsible 

Sudan, and for other purposes. support peace efforts in the Darfur region of civilians and humanitarian operations, and to manity, to support measures for the protection of for genocide, war crimes, and crimes against huMARCH 29, 2006 

Reported from the Committee on the Judiciary with an 

printed House on the State of the Union, and ordered to be amendment, committed to the Committee of the Whole 


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