I 

109TH CONGRESS 

1ST SESSION H. R. 1424 

To impose sanctions against perpetrators of crimes against humanity and 

genocide in Darfur, Sudan, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 17, 2005 

Mr. PAYNE (for himself, Mr. TANCREDO, Mr. MEEKS of New York, Ms. LEE, 

Mr. CAPUANO, Mr. CONYERS, Mr. RANGEL, Mr. PITTS, Mr. THOMPSON

of Mississippi, and Mr. RUSH) introduced the following bill; which was 

referred to the Committee on International Relations 

A BILL 

To impose sanctions against perpetrators of crimes against 

humanity and genocide in Darfur, 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. 

4 This Act may be cited as the ‘‘Darfur Genocide Ac5 countability Act of 2005’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) APPROPRIATE CONGRESSIONAL COMMIT9 TEES.—The term ‘‘appropriate congressional com-
2 

•HR 1424 IH 

1 mittees’’ means the Committee on Foreign Relations 

2 of the Senate and the Committee on International 

3 Relations of the House of Representatives. 

4 (2) GOVERNMENT OF SUDAN.—The term ‘‘Gov5 ernment of Sudan’’ means the National Congress 

6 Party-led government in Khartoum, Sudan, or the 

7 successor Government of National Unity to be 

8 formed pursuant to the Comprehensive Peace Agree9 ment signed by the Government of Sudan and the 

10 Sudan People’s Liberation Movement in Nairobi, 

11 Kenya on January 9, 2005. Measures against the 

12 Government of Sudan, as defined in this paragraph, 

13 shall not apply to the Government of South Sudan 

14 (GOSS) or to areas formerly under the control of 

15 opposition groups. 

16 (3) MEMBER STATES.—The term ‘‘member 

17 states’’ means the member states of the United Na18 tions. 

19 (4) SUDAN NORTH-SOUTH PEACE AGREE20 MENT.—The term ‘‘Sudan North-South Peace 

21 Agreement’’ means the Comprehensive Peace Agree22 ment signed by the Government of Sudan and the 

23 Sudan People’s Liberation Movement/Army on Jan24 uary 9, 2005. 
3 

•HR 1424 IH 

1 SEC. 3. FINDINGS. 

2 Congress makes the following findings: 

3 (1) On July 22, 2004, the House of Represent4 atives and the Senate declared that the atrocities oc5 curring in Darfur, Sudan, are genocide. 

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

7 Colin L. Powell stated before the Committee on For8 eign Relations of the Senate, ‘‘[w]hen we reviewed 

9 the evidence compiled by our team, along with other 

10 information available to the State Department, we 

11 concluded that genocide has been committed in 

12 Darfur and that the Government of Sudan and the 

13 [Janjaweed] bear responsibility—and genocide may 

14 still be occurring’’. 

15 (3) On July 30, 2004, the United Nations Se16 curity Council passed Security Council Resolution 

17 1556, calling upon the Government of Sudan to dis18 arm the Janjaweed militias and to apprehend and 

19 bring to justice Janjaweed leaders and their associ20 ates who have incited and carried out violations of 

21 human rights and international humanitarian law 

22 and carried out other atrocities in the Darfur region. 

23 (4) On September 18, 2004, the United Na24 tions Security Council passed Security Council Reso25 lution 1564, determining that the Government of 

26 Sudan had failed to meet its obligations under Secu-
4 

•HR 1424 IH 

1 rity Council Resolution 1556, calling for a military 

2 flight ban in and over the Darfur region, demanding 

3 the names of Janjaweed militiamen disarmed and 

4 arrested for verification, establishing an Inter5 national Commission of Inquiry into violations of 

6 international humanitarian and human rights laws, 

7 and threatening sanctions should the Government of 

8 Sudan fail to fully comply with Security Council 

9 Resolutions 1556 and 1564, such as actions to affect 

10 Sudan’s petroleum sector. 

11 (5) In late January 2005, the International 

12 Commission of Inquiry on Darfur submitted a 176- 

13 page report to Secretary General Kofi Annan detail14 ing the atrocities committed by the Government of 

15 Sudan and its Janjaweed militia allies. 

16 (6) The Commission declared that ‘‘based on 

17 thorough analysis of the information gathered in the 

18 course of the investigations, the Commission estab19 lished that the Government of Sudan and the 

20 Janjaweed are responsible for serious violations of 

21 international human rights and humanitarian law 

22 amounting to crimes under international law.’’. 

23 (7) The Commission further stated that Suda24 nese Government officials and other individuals may 

25 have committed genocidal acts, and submitted a 
5 

•HR 1424 IH 

1 sealed document with 51 suspects for prosecution by 

2 the International Criminal Court (ICC). 

3 SEC. 4. SENSE OF CONGRESS. 

4 It is the sense of Congress that— 

5 (1) the atrocities unfolding in Darfur, Sudan, 

6 are genocide; 

7 (2) the Comprehensive Peace Agreement be8 tween the Government of Sudan and the Sudan Peo9 ple’s Liberation Movement/Army must be fully and 

10 unconditionally implemented and a new coalition 

11 government established under such Agreement; 

12 (3) the African Union must amend the mandate 

13 of the African Union Mission in the Sudan to focus 

14 directly on protecting civilians from attacks and to 

15 neutralize the Janjaweed militia and other militia 

16 groups engaged in attacks against civilians; 

17 (4) the United Nations or NATO should deploy 

18 at least 10,000 troops to the Darfur region to aug19 ment the African Union Mission in the Sudan; 

20 (5) the United States strongly condemns at21 tacks on humanitarian workers and calls on all 

22 forces in Darfur, including forces of the Government 

23 of Sudan, all militia, and forces of the Sudan Lib24 eration Army/Movement and the Justice and Equal25 ity Movement, to refrain from such attacks; 
6 

•HR 1424 IH 

1 (6) the President should appoint a Presidential 

2 Special Envoy to Sudan— 

3 (A) to seek comprehensive peace through4 out Sudan; 

5 (B) to support the implementation of the 

6 Sudan North-South Peace Agreement; 

7 (C) to find ways to bring stability and 

8 peace to Darfur; 

9 (D) to address instability throughout 

10 Sudan; and 

11 (E) to address the related crisis in North12 ern Uganda; 

13 (7) the United States should support account14 ability through action by the United Nations Secu15 rity Council, pursuant to chapter VII of the Charter 

16 of the United Nations, to ensure the prompt pros17 ecution and adjudication in a competent inter18 national court of justice or the United States-pro19 posed Sudan Tribunal of individuals responsible for 

20 war crimes, crimes against humanity, and genocide; 

21 and 

22 (8) the President of the United States shall in23 struct the United States Permanent Representative 

24 to the United Nations to demand— 
7 

•HR 1424 IH 

1 (A) the extension of the military embargo 

2 to the Government of Sudan, as called for in 

3 paragraphs 7 through 9 of United Nations Se4 curity Council Resolution 1556; 

5 (B) the freezing of property and assets of 

6 government and military officials and their fam7 ily members; Janjaweed leaders; and individuals 

8 engaged in planning, directing, and imple9 menting of the atrocities in Darfur; 

10 (C) that member states significantly re11 duce the number and the level of the staff at 

12 Sudanese diplomatic missions and consular 

13 posts and restrict or control the movement 

14 within their territory of all such staff who re15 main; 

16 (D) steps to restrict the entry into or tran17 sit through their territory of members of the 

18 Government of Sudan, military officials of that 

19 Government, militia leaders, and other individ20 uals involved in the planning, directing, and en21 forcing measures against civilians; and 

22 (E) steps to discourage international and 

23 regional organizations from convening any con24 ference in Sudan. 
8 

•HR 1424 IH 

1 SEC. 5. IMPOSITION OF SANCTIONS. 

2 (a) BLOCKING OF ASSETS.—Beginning on the date 

3 that is 30 days after the date of enactment of this Act 

4 or 30 days after the formation of the National Unity Gov5 ernment of Sudan, the President shall, consistent with the 

6 authorities granted in the International Emergency Eco7 nomic Powers Act (50 U.S.C. 1701 et seq.), block the 

8 property and assets of officials of the Government of 

9 Sudan and their family members; military officials and 

10 their family members; individuals implicated in the atroc11 ities in Darfur as well as businesses partially or fully con12 trolled by the above aforementioned individuals; and prop13 erty and assets controlled by the National Congress Party. 

14 (b) VISA RESTRICTION.—Notwithstanding section 

15 428(b) of the Homeland Security Act of 2002 (6 U.S.C. 

16 236(b)), the Secretary of State shall prohibit the granting 

17 of a visa to— 

18 (1) officials of the Government of Sudan impli19 cated in the atrocities in Darfur; 

20 (2) officials of the military of Sudan implicated 

21 in the atrocities in Darfur; 

22 (3) militia members or other individuals impli23 cated in the atrocities in Darfur; and 

24 (4) family members of an individual described 

25 in paragraphs (1), (2), and (3). 
9 

•HR 1424 IH 

1 (c) TRAVEL RESTRICTIONS.—The Secretary of State 

2 shall take measures to significantly reduce the number 

3 and the level of the staff at the Sudanese diplomatic mis4 sion in Washington, D.C., and restrict or control the 

5 movement within the United States of all such staff who 

6 remain. 

7 (d) RESTRICTION ON INTERNATIONAL CON8 FERENCES.—The Secretary of State shall instruct the 

9 United States Permanent Representative to the United 

10 Nations to oppose any conference organized by United Na11 tions member agencies or other international and regional 

12 organizations from being held in Sudan. 

13 (e) REPORTING REQUIREMENT.—Not later than 30 

14 days after a decision to freeze the property or assets of, 

15 or deny a visa or entry to, any person under this section, 

16 the President shall report the name of such person to the 

17 appropriate congressional committees. 

18 SEC. 6. AUTHORIZATION TO USE FORCE TO STOP GENO19 CIDE IN DARFUR, SUDAN. 

20 (a) AUTHORIZATION TO USE FORCE.—The President 

21 is authorized to use all necessary means, including use of 

22 the United States armed forces, to stop genocide in 

23 Darfur, Sudan, consistent with the Convention on the Pre24 vention and Punishment of the Crime of Genocide, to en25 force United Nations Security Council Resolutions 1556 
10 

•HR 1424 IH 

1 and 1564, and in response to the Comprehensive Sudan 

2 Peace Act of 2004. 

3 (b) AUTHORIZATION TO NEUTRALIZE PERPETRA4 TORS OF THE VIOLENCE.—The President is authorized 

5 and strongly encouraged to consider utilizing unmanned 

6 armed planes and other military assets to neutralize— 

7 (1) Janjaweed or other militia groups intent in 

8 targeting civilians; 

9 (2) helicopters or fixed aircraft used to attack 

10 civilians or to provide cover and assistance to militia 

11 groups; and 

12 (3) intelligence or military headquarters used to 

13 plan and direct attacks against civilians. 

14 (c) NO-FLY ZONES.—The President is authorized to 

15 use force to enforce a no-fly zone over the Darfur region 

16 by utilizing American military assets, including— 

17 (1) those currently stationed in the Horn of Af18 rica region and/or use of NATO forces; 

19 (2) options that employ technological capabili20 ties to intercept and jam communications between 

21 the Government of Sudan and the Janjaweed; and 

22 (3) cost-effective equipment such as aerostats, 

23 airships, or unmanned aerial vehicles to achieve situ24 ational awareness. 
11 

•HR 1424 IH 

1 (d) PORT ENTRY DENIAL.—The President is author2 ized to deny port entry to the United States to cargo ships 

3 or oil tankers engaged in business or trade activities in 

4 the oil sector of Sudan and/or involved in the shipment 

5 of goods for use by the Sudan Armed Forces. 

6 SEC. 7. PROHIBITION ON TRADING IN UNITED STATES CAP7 ITAL MARKETS. 

8 (a) PROHIBITION.—The President shall exercise the 

9 authorities he has under the International Emergency 

10 Economic Powers Act (without regard to the requirements 

11 set forth in section 202 of that Act) to prohibit any entity 

12 engaged in any commercial activity in Sudan— 

13 (1) from raising capital in the United States; or 

14 (2) from trading its securities (or depository re15 ceipts with respect to its securities) in any capital 

16 market in the United States. 

17 (b) PENALTIES.—The penalties under section 206 of 

18 the International Emergency Economic Powers Act shall 

19 apply to violations under subsection (a) to the same extent 

20 as such penalties apply to violations under that Act. 

21 (c) WAIVER.—The President may waive the applica22 tion of sanctions in section 5 and this section if the Presi23 dent determines and certifies to the appropriate congres24 sional committees that such a waiver is in the national 

25 interest of the United States. 
12 

•HR 1424 IH 

1 (d) NOTIFICATION OF WAIVERS OF SANCTIONS.— 

2 Not later than 30 days before waiving the provisions of 

3 any sanctions currently in force with regard to Sudan, the 

4 President shall submit to the appropriate congressional 

5 committees a report describing the waiver and the reasons 

6 therefor. 

7 SEC. 8. REPORTS TO CONGRESS. 

8 (a) DISCLOSURE OF BUSINESS ACTIVITIES IN

9 SUDAN.— 

10 (1) ANNUAL REPORT TO CONGRESS.—The Sec11 retary of the Treasury shall, not later than 6 

12 months after the date of the enactment of this Act, 

13 and not later than the end of each 1-year period 

14 thereafter, submit to the Congress a report that 

15 includes– 

16 (A) the identity of all entities that are en17 gaged in commercial activity in Sudan; 

18 (B) the nature and extent of that commer19 cial activity in Sudan, including any plans for 

20 expansion or diversification; 

21 (C) the identity of all agencies of the Su22 danese Government with which any such entity 

23 is doing business; and 
13 

•HR 1424 IH 

1 (D) the relationship of the commercial ac2 tivity to any violations of religious freedom and 

3 other human rights in Sudan. 

4 (2) DISCLOSURE TO THE PUBLIC.—The Sec5 retary of the Treasury shall publish or otherwise 

6 make available to the public each report submitted 

7 under subsection (a). 

8 (b) CONFORMING AMENDMENT.—Section 8(b)(1) of 

9 the Sudan Peace Act (50 U.S.C.1701 note) is amended 

10 to read as follows: 

11 ‘‘(1) The best estimates of the extent of aerial 

12 bombardment of, as well as the extent of militia ac13 tivity against, civilian centers in Sudan, by the Gov14 ernment of Sudan, including targets, frequency, and 

15 best estimates of damage.’’. 

Æ