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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Darfur Genocide Ac-
countability Act of 2005’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on Foreign Relations 
of the Senate and the Committee on International 
Relations of the House of Representatives. 
(2) GOVERNMENT OF SUDAN.—The term ‘‘Gov-
ernment of Sudan’’ means the National Congress 
Party-led government in Khartoum, Sudan, or the 
successor Government of National Unity to be 
formed pursuant to the Comprehensive Peace Agree-
ment signed by the Government of Sudan and the 
Sudan People’s Liberation Movement in Nairobi, 
Kenya on January 9, 2005. Measures against the 
Government of Sudan, as defined in this paragraph, 
shall not apply to the Government of South Sudan 
(GOSS) or to areas formerly under the control of 
opposition groups. 
(3) MEMBER
STATES.—The term ‘‘member 
states’’ means the member states of the United Na-
tions. 
(4) SUDAN
NORTH-SOUTH
PEACE
AGREE-
MENT.—The term ‘‘Sudan North-South Peace 
Agreement’’ means the Comprehensive Peace Agree-
ment signed by the Government of Sudan and the 
Sudan People’s Liberation Movement/Army on Jan-
uary 9, 2005.
SEC. 3. FINDINGS. 
Congress makes the following findings: 
(1) On July 22, 2004, the House of Represent-
atives and the Senate declared that the atrocities oc-
curring in Darfur, Sudan, are genocide. 
(2) On September 9, 2004, Secretary of State 
Colin L. Powell stated before the Committee on For-
eign Relations of the Senate, ‘‘[w]hen we reviewed 
the evidence compiled by our team, along with other 
information available to the State Department, we 
concluded that genocide has been committed in 
Darfur and that the Government of Sudan and the 
[Janjaweed] bear responsibility—and genocide may 
still be occurring’’. 
(3) On July 30, 2004, the United Nations Se-
curity Council passed Security Council Resolution 
1556, calling upon the Government of Sudan to dis-
arm the Janjaweed militias and to apprehend and 
bring to justice Janjaweed leaders and their associ-
ates who have incited and carried out violations of 
human rights and international humanitarian law 
and carried out other atrocities in the Darfur region. 
(4) On September 18, 2004, the United Na-
tions Security Council passed Security Council Reso-
lution 1564, determining that the Government of 
Sudan had failed to meet its obligations under Secu-
rity Council Resolution 1556, 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 Inter-
national Commission of Inquiry into 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 and 1564, such as actions to affect 
Sudan’s petroleum sector. 
(5) In late January 2005, the International 
Commission of Inquiry on Darfur submitted a 176- 
page report to Secretary General Kofi Annan detail-
ing the atrocities committed by the Government of 
Sudan and its Janjaweed militia allies. 
(6) The Commission declared that ‘‘based on 
thorough analysis of the information gathered in the 
course of the investigations, the Commission estab-
lished that the Government of Sudan and the 
Janjaweed are responsible for serious violations of 
international human rights and humanitarian law 
amounting to crimes under international law.’’. 
(7) The Commission further stated that Suda-
nese Government officials and other individuals may 
have committed genocidal acts, and submitted a
sealed document with 51 suspects for prosecution by 
the International Criminal Court (ICC). 
SEC. 4. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) the atrocities unfolding in Darfur, Sudan, 
are genocide; 
(2) the Comprehensive Peace Agreement be-
tween the Government of Sudan and the Sudan Peo-
ple’s Liberation Movement/Army must be fully and 
unconditionally implemented and a new coalition 
government established under such Agreement; 
(3) the African Union must amend the mandate 
of the African Union Mission in the Sudan to focus 
directly on protecting civilians from attacks and to 
neutralize the Janjaweed militia and other militia 
groups engaged in attacks against civilians; 
(4) the United Nations or NATO should deploy 
at least 10,000 troops to the Darfur region to aug-
ment the African Union Mission in the Sudan; 
(5) the United States strongly condemns at-
tacks on humanitarian workers and calls on all 
forces in Darfur, including forces of the Government 
of Sudan, all militia, and forces of the Sudan Lib-
eration Army/Movement and the Justice and Equal-
ity Movement, to refrain from such attacks;
(6) the President should appoint a Presidential 
Special Envoy to Sudan— 
(A) to seek comprehensive peace through-
out Sudan; 
(B) to support the implementation of the 
Sudan North-South Peace Agreement; 
(C) to find ways to bring stability and 
peace to Darfur; 
(D) to address instability throughout 
Sudan; and 
(E) to address the related crisis in North-
ern Uganda; 
(7) the United States should support account-
ability through action by the United Nations Secu-
rity Council, pursuant to chapter VII of the Charter 
of the United Nations, to ensure the prompt pros-
ecution and adjudication in a competent inter-
national court of justice or the United States-pro-
posed Sudan Tribunal of individuals responsible for 
war crimes, crimes against humanity, and genocide; 
and 
(8) the President of the United States shall in-
struct the United States Permanent Representative 
to the United Nations to demand—
(A) the extension of the military embargo 
to the Government of Sudan, as called for in 
paragraphs 7 through 9 of United Nations Se-
curity Council Resolution 1556; 
(B) the freezing of property and assets of 
government and military officials and their fam-
ily members; Janjaweed leaders; and individuals 
engaged in planning, directing, and imple-
menting of the atrocities in Darfur; 
(C) that member states significantly re-
duce the number and the level of the staff at 
Sudanese diplomatic missions and consular 
posts and restrict or control the movement 
within their territory of all such staff who re-
main; 
(D) steps to restrict the entry into or tran-
sit through their territory of members of the 
Government of Sudan, military officials of that 
Government, militia leaders, and other individ-
uals involved in the planning, directing, and en-
forcing measures against civilians; and 
(E) steps to discourage international and 
regional organizations from convening any con-
ference in Sudan.
SEC. 5. IMPOSITION OF SANCTIONS. 
(a) BLOCKING OF ASSETS.—Beginning on the date 
that is 30 days after the date of enactment of this Act 
or 30 days after the formation of the National Unity Gov-
ernment of Sudan, the President shall, consistent with the 
authorities granted in the International Emergency Eco-
nomic Powers Act (50 U.S.C. 1701 et seq.), block the 
property and assets of officials of the Government of 
Sudan and their family members; military officials and 
their family members; individuals implicated in the atroc-
ities in Darfur as well as businesses partially or fully con-
trolled by the above aforementioned individuals; and prop-
erty and assets controlled by the National Congress Party. 
(b) VISA RESTRICTION.—Notwithstanding section 
428(b) of the Homeland Security Act of 2002 (6 U.S.C. 
236(b)), the Secretary of State shall prohibit the granting 
of a visa to— 
(1) officials of the Government of Sudan impli-
cated in the atrocities in Darfur; 
(2) officials of the military of Sudan implicated 
in the atrocities in Darfur; 
(3) militia members or other individuals impli-
cated in the atrocities in Darfur; and 
(4) family members of an individual described 
in paragraphs (1), (2), and (3).
(c) TRAVEL RESTRICTIONS.—The Secretary of State 
shall take measures to significantly reduce the number 
and the level of the staff at the Sudanese diplomatic mis-
sion in Washington, D.C., and restrict or control the 
movement within the United States of all such staff who 
remain. 
(d) 
RESTRICTION
ON
INTERNATIONAL
CON-
FERENCES.—The Secretary of State shall instruct the 
United States Permanent Representative to the United 
Nations to oppose any conference organized by United Na-
tions member agencies or other international and regional 
organizations from being held in Sudan. 
(e) REPORTING REQUIREMENT.—Not later than 30 
days after a decision to freeze the property or assets of, 
or deny a visa or entry to, any person under this section, 
the President shall report the name of such person to the 
appropriate congressional committees. 
SEC. 6. AUTHORIZATION TO USE FORCE TO STOP GENO-
CIDE IN DARFUR, SUDAN. 
(a) AUTHORIZATION TO USE FORCE.—The President 
is authorized to use all necessary means, including use of 
the United States armed forces, to stop genocide in 
Darfur, Sudan, consistent with the Convention on the Pre-
vention and Punishment of the Crime of Genocide, to en-
force United Nations Security Council Resolutions 1556
and 1564, and in response to the Comprehensive Sudan 
Peace Act of 2004. 
(b) AUTHORIZATION
TO NEUTRALIZE PERPETRA-
TORS OF THE VIOLENCE.—The President is authorized 
and strongly encouraged to consider utilizing unmanned 
armed planes and other military assets to neutralize— 
(1) Janjaweed or other militia groups intent in 
targeting civilians; 
(2) helicopters or fixed aircraft used to attack 
civilians or to provide cover and assistance to militia 
groups; and 
(3) intelligence or military headquarters used to 
plan and direct attacks against civilians. 
(c) NO-FLY ZONES.—The President is authorized to 
use force to enforce a no-fly zone over the Darfur region 
by utilizing American military assets, including— 
(1) those currently stationed in the Horn of Af-
rica region and/or use of NATO forces; 
(2) options that employ technological capabili-
ties to intercept and jam communications between 
the Government of Sudan and the Janjaweed; and 
(3) cost-effective equipment such as aerostats, 
airships, or unmanned aerial vehicles to achieve situ-
ational awareness.
(d) PORT ENTRY DENIAL.—The President is author-
ized to deny port entry to the United States to cargo ships 
or oil tankers engaged in business or trade activities in 
the oil sector of Sudan and/or involved in the shipment 
of goods for use by the Sudan Armed Forces. 
SEC. 7. PROHIBITION ON TRADING IN UNITED STATES CAP-
ITAL MARKETS. 
(a) PROHIBITION.—The President shall exercise the 
authorities he has under the International Emergency 
Economic Powers Act (without regard to the requirements 
set forth in section 202 of that Act) to prohibit any entity 
engaged in any commercial activity in Sudan— 
(1) from raising capital in the United States; or 
(2) from trading its securities (or depository re-
ceipts with respect to its securities) in any capital 
market in the United States. 
(b) PENALTIES.—The penalties under section 206 of 
the International Emergency Economic Powers Act shall 
apply to violations under subsection (a) to the same extent 
as such penalties apply to violations under that Act. 
(c) WAIVER.—The President may waive the applica-
tion of sanctions in section 5 and this section if the Presi-
dent determines and certifies to the appropriate congres-
sional committees that such a waiver is in the national 
interest of the United States.
(d) NOTIFICATION OF WAIVERS OF SANCTIONS.— 
Not later than 30 days before waiving the provisions of 
any sanctions currently in force with regard to Sudan, the 
President shall submit to the appropriate congressional 
committees a report describing the waiver and the reasons 
therefor. 
SEC. 8. REPORTS TO CONGRESS. 
(a) DISCLOSURE
OF
BUSINESS
ACTIVITIES
IN 
SUDAN.— 
(1) ANNUAL REPORT TO CONGRESS.—The Sec-
retary of the Treasury shall, not later than 6 
months after the date of the enactment of this Act, 
and not later than the end of each 1-year period 
thereafter, submit to the Congress a report that 
includes– 
(A) the identity of all entities that are en-
gaged in commercial activity in Sudan; 
(B) the nature and extent of that commer-
cial activity in Sudan, including any plans for 
expansion or diversification; 
(C) the identity of all agencies of the Su-
danese Government with which any such entity 
is doing business; and
(D) the relationship of the commercial ac-
tivity to any violations of religious freedom and 
other human rights in Sudan. 
(2) DISCLOSURE TO THE PUBLIC.—The Sec-
retary of the Treasury shall publish or otherwise 
make available to the public each report submitted 
under subsection (a). 
(b) CONFORMING AMENDMENT.—Section 8(b)(1) of 
the Sudan Peace Act (50 U.S.C.1701 note) is amended 
to read as follows: 
‘‘(1) The best estimates of the extent of aerial 
bombardment of, as well as the extent of militia ac-
tivity against, civilian centers in Sudan, by the Gov-
ernment of Sudan, including targets, frequency, and 
best estimates of damage.’’. 
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