I 
109TH CONGRESS 
1ST SESSION 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. 
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 re-
ferred to the Committee on International Relations 
A BILL 
To impose sanctions against individuals responsible for geno-
cide, war crimes, and crimes against humanity, to sup-
port measures for the protection of civilians and humani-
tarian operations, and to support peace efforts in the 
Darfur region of 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 Peace and 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 International Re-
lations of the House of Representatives and the 
Committee on Foreign Relations of the Senate. 
(2) GOVERNMENT OF SUDAN.—
(A) IN GENERAL.—The term ‘‘Government 
of Sudan’’ means the National Congress Party, 
formerly known as the National Islamic Front, 
government in Khartoum, Sudan, or any suc-
cessor government formed on or after the date 
of the enactment of this Act (including the coa-
lition National Unity Government agreed upon 
in the Comprehensive Peace Agreement for 
Sudan, signed in Nairobi, Kenya on January 9, 
2005), except that such term does not include 
the Government of Southern Sudan. 
(B) OFFICIALS OF THE GOVERNMENT OF 
SUDAN.—The term ‘‘Government of Sudan’’, 
when used with respect to an official of the 
Government of Sudan, does not include an indi-
vidual—
(i) who was not a member of such 
government prior to July 1, 2005; or
(ii) who is a member of the Govern-
ment of Southern Sudan. 
(3) 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 (SPLM/
A) in Nairobi, Kenya, on January 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 the Darfur region of 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 September 21, 2004, in an address be-
fore the United Nations General Assembly, Presi-
dent 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 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 establishing a ban on the sale or supply of arms 
and related materiel of all types, including the provi-
sion of related technical training or assistance, to all 
nongovernmental entities and individuals, including 
the Janjaweed. 
(5) 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 on Darfur to inves-
tigate 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, includ-
ing such actions as to affect Sudan’s petroleum sec-
tor or individual members of the Government of 
Sudan. 
(6) On February 1, 2005, the United Nations 
released the Report of the International Commission 
of Inquiry on Darfur, which had been submitted to 
the United Nations Secretary-General on January 
25, 2005. 
(7) The Report of the International Commis-
sion of Inquiry on Darfur established that the ‘‘Gov-
ernment of the Sudan and the Janjaweed are re-
sponsible 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 Sudanese officials and other in-
dividuals may have acted with ‘‘genocidal intent’’. 
(8) The Report of the International Commis-
sion of Inquiry on Darfur further notes that, pursu-
ant to its mandate and in the course of its work, the
Commission had collected information relating to in-
dividual perpetrators of acts constituting ‘‘violations 
of international human rights law and international 
humanitarian law, including crimes against human-
ity and war crimes’’ and that a sealed file containing 
the names of those individual perpetrators had been 
delivered to the United Nations Secretary-General. 
(9) On March 24, 2005, the United Nations Se-
curity Council passed Security Council Resolution 
1590, establishing the United Nations Mission in 
Sudan (UNMIS), consisting of up to 10,000 military 
personnel and 715 civilian police and tasked with 
supporting implementation of the Sudan North-
South Peace Agreement and ‘‘closely and continu-
ously liais[ing] and coordinat[ing] at all levels with 
the African Union Mission in Sudan (AMIS) with a 
view towards expeditiously reinforcing the effort to 
foster peace in Darfur’’. 
(10) On March 29, 2005, the United Nations 
Security Council passed Security Council Resolution 
1591, extending the military embargo established by 
Security Council Resolution 1556 to all the parties 
to the N’djamena Ceasefire Agreement 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 sta-
bility in Darfur and the region, commit violations of 
international humanitarian or human rights law or 
other atrocities, or violate the military embargo, and 
establishing a Panel of Experts to assist in moni-
toring compliance with Security Council Resolutions 
1556 and 1591. 
(11) On March 31, 2005, the United Nations 
Security Council passed Security Council Resolution 
1593, referring the situation in Darfur since July 1, 
2002, to the prosecutor of the International Crimi-
nal Court and calling on the Government of Sudan 
and all parties to the conflict to cooperate fully with 
the Court, while recognizing that ‘‘[s]tates not party 
to the Rome Statute have no obligation under the 
[S]tatute’’. 
SEC. 4. SENSE OF CONGRESS. 
It is the sense of Congress that—
(1) the atrocities unfolding in the Darfur region 
of Sudan have been and continue to be genocide; 
(2) the African Union should rapidly expand 
the size and amend the mandate of the African 
Union Mission in Sudan (AMIS) to authorize such 
action as may be necessary to protect civilians and
humanitarian operations, and deter violence in the 
Darfur region without delay; 
(3) the international community, including the 
United Nations, the North Atlantic Treaty Organi-
zation (NATO), the European Union, and the 
United States, should immediately act to mobilize 
sufficient political, military, and financial resources 
to support the expansion of the African Union Mis-
sion in Sudan so that it achieves the size, strength, 
and capacity necessary for protecting civilians and 
humanitarian operations, and ending the continued 
violence in the Darfur region; 
(4) if an expanded and reinforced African 
Union Mission in Sudan fails to stop genocide in the 
Darfur region, the international community should 
take additional, dispositive measures to prevent and 
suppress acts of genocide in the Darfur region; 
(5) acting under Article 5 of the Charter of the 
United Nations, the United Nations Security Coun-
cil should call for suspension of the Government of 
Sudan’s rights and privileges of membership by the 
General Assembly until such time as the Govern-
ment of Sudan has honored pledges to cease attacks 
upon civilians, demobilize the Janjaweed and associ-
ated militias, and grant free and unfettered access
for deliveries of humanitarian assistance in the 
Darfur region; 
(6) pursuant to the adoption of resolutions on 
July 22, 2004, by both the House of Representatives 
and the Senate, and the declaration on September 9, 
2004, by former Secretary of State Colin Powell 
that the atrocities unfolding in Darfur, Sudan, are 
genocide, 
and 
notwithstanding 
the 
American 
Servicemembers’ Protection Act of 2002 (title II of 
the 2002 Public Law 107–206), the United States 
should render assistance to the efforts of the Inter-
national Criminal Court (ICC) to bring to justice 
persons accused of genocide, war crimes, or crimes 
against humanity in Darfur, Sudan, provided that 
assurances have been received by the United Nations 
Security Council or the ICC that no current or 
former United States Government official or em-
ployee (including any contractor), member of the 
United States Armed Forces, or United States na-
tional will be subject to prosecution by the ICC in 
connection with those efforts; 
(7) the United States should not provide assist-
ance to the Government of Sudan, other than assist-
ance necessary for the implementation of the Sudan 
North-South Peace Agreement, the support of the
southern regional government in Sudan, or for hu-
manitarian purposes in Sudan, until such time as 
the Government of Sudan has honored pledges to 
cease 
attacks 
upon 
civilians, 
demobilize 
the 
Janjaweed and associated militias, and grant free 
and unfettered access for deliveries of humanitarian 
assistance in the Darfur region; 
(8) the President should seek to assist members 
of the Sudanese diaspora in the United States by es-
tablishing a student loan forgiveness program for 
those individuals who commit to return to southern 
Sudan for a period of not less than five years for the 
purpose of contributing professional skills needed for 
the reconstruction of southern Sudan; 
(9) the President should appoint a Presidential 
Envoy for Sudan to provide stewardship of efforts to 
implement the Sudan North-South Peace Agree-
ment, seek ways to bring stability and peace to the 
Darfur region, address instability elsewhere in 
Sudan and northern Uganda, and pursue a truly 
comprehensive peace throughout the region; 
(10) 
the 
international 
community 
should 
strongly condemn attacks against humanitarian 
workers and demand that all armed groups in the 
Darfur region, including the forces of the Govern-
ment of Sudan, the Janjaweed, associated militias, 
the Sudan Liberation Movement/Army (SLM/A), the 
Justice and Equality Movement (JEM), and all 
other armed groups to refrain from such attacks; 
(11) the United States should fully support the 
Sudan North-South Peace Agreement and urge 
rapid implementation of its terms; and 
(12) the Sudan People’s Liberation Movement 
should seek to play a constructive role in bringing 
about a political settlement to the crisis in the 
Darfur region. 
SEC. 5. SANCTIONS IN SUPPORT OF PEACE IN DARFUR. 
(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 insert-
ing ‘‘OF APPROPRIATE SENIOR OFFICIALS OF THE 
SUDANESE GOVERNMENT’’ after ‘‘ASSETS’’; 
(2) by redesignating subsections (c) through (e) 
as subsections (d) through (f), respectively; and 
(3) by inserting after subsection (b) the fol-
lowing new subsection:
‘‘(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 2005, 
and in the interest of contributing to peace in 
Sudan, the President shall, consistent with the au-
thorities granted in the International Emergency 
Economic Powers Act (50 U.S.C. 1701 et seq.), 
block the assets of any individual who the President 
determines is responsible, either by commission or 
omission, for acts of genocide, war crimes, or crimes 
against humanity in Sudan, 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 enact-
ment of the Darfur Peace and Accountability Act of 
2005, and in the interest of contributing to peace in 
Sudan, the President shall deny visas and entry to 
any individual who the President determines is re-
sponsible, either by commission or omission, for acts 
of genocide, war crimes, or crimes against humanity
in Sudan, including the family members or any asso-
ciates 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 sub-
section (a)) is amended by adding at the end the following 
new sentence: ‘‘The President may waive the application 
of paragraph (1) or (2) of subsection (c) with respect to 
an individual if, prior to exercising the waiver, the Presi-
dent transmits to the appropriate congressional commit-
tees a notification of the waiver which includes the name 
of the individual and the reasons for the waiver.’’. 
SEC. 6. ADDITIONAL AUTHORITIES TO DETER AND SUP-
PRESS GENOCIDE IN DARFUR. 
(a) UNITED
STATES
ASSISTANCE
TO
SUPPORT 
AMIS.—Section 7 of the Comprehensive Peace in Sudan 
Act of 2004 (Public Law 108–497; 50 U.S.C. 1701 note) 
is amended—
(1) by striking ‘‘Notwithstanding’’ and insert-
ing ‘‘(a) GENERAL ASSISTANCE.—Notwithstanding’’; 
and 
(2) by adding at the end the following new sub-
section:
‘‘(b) ASSISTANCE
TO SUPPORT AMIS.—Notwith-
standing any other provision of law, the President is au-
thorized to provide assistance, on such terms and condi-
tions as the President may determine and in consultation 
with the appropriate congressional committees, to rein-
force the deployment and operations of an expanded Afri-
can Union Mission in Sudan (AMIS) with the mandate, 
size, strength, and capacity to protect civilians and hu-
manitarian operations, stabilize the Darfur region of 
Sudan and, as necessary, dissuade and deter air attacks 
directed against civilians and humanitarian workers, in-
cluding but not limited to providing assistance in the areas 
of logistics, transport, communications, materiel support, 
technical assistance, training, command and control, aerial 
surveillance, and intelligence.’’. 
(b) NATO ASSISTANCE TO SUPPORT AMIS.—The 
President shall instruct the United States Permanent 
Representative to the North Atlantic Treaty Organization 
(NATO) to use the voice, vote, and influence of the United 
States at NATO to advocate NATO reinforcement of the 
African Union Mission in Sudan (AMIS), upon the request 
of the African Union, including but not limited to the pro-
vision of assets to dissuade and deter offensive air strikes 
directed against civilians and humanitarian workers in the 
Darfur region of Sudan and other logistical, transpor-
tation, communications, training, technical assistance, 
command and control, aerial surveillance, and intelligence 
support. 
(c) DENIAL OF ENTRY AT UNITED STATES PORTS 
TO CERTAIN CARGO SHIPS OR OIL TANKERS.—Section 
6(b)(2)(C) of the Sudan Peace Act (Public Law 107–245; 
50 U.S.C. 1701 note) is amended by inserting ‘‘, including 
by prohibiting the 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,’’ after ‘‘access 
to oil revenues’’. 
(d) PROHIBITION ON ASSISTANCE TO COUNTRIES IN 
VIOLATION
OF UNITED NATIONS SECURITY COUNCIL 
RESOLUTIONS 1556 AND 1591.—
(1) PROHIBITION.—United States assistance 
(other than humanitarian assistance) may not be 
provided to a country that is in violation of the em-
bargo on military assistance with respect Sudan im-
posed pursuant to United Nations Security Council 
Resolutions 1556 (July 30, 2004) and 1591 (March 
29, 2005). 
(2) WAIVER.—The President may waive the ap-
plication of paragraph (1) if the President deter-
mines and certifies to the appropriate congressional
committees that it is in the national interest of the 
United States to do so. 
SEC. 7. MULTILATERAL EFFORTS. 
The President shall direct the United States Perma-
nent Representative to the United Nations to use the voice 
and vote of the United States to urge the adoption of a 
resolution by the United Nations Security Council which—
(1) supports the expansion of the African Union 
Mission in Sudan (AMIS) so that it achieves the 
mandate, size, strength, and capacity needed to pro-
tect civilians and humanitarian operations, and dis-
suade and deter fighting and violence in the Darfur 
region of Sudan, and urges member states of the 
United Nations to accelerate political, material, fi-
nancial, and other assistance to the African Union 
toward this end; 
(2) reinforces efforts of the African Union to 
negotiate peace talks between the Government of 
Sudan, the Sudan Liberation Movement/Army 
(SLM/A), the Justice and Equality Movement 
(JEM), and associated armed groups in the Darfur 
region, calls on the Government of Sudan, the SLM/
A, and the JEM to abide by their obligations under 
the N’Djamena Ceasefire Agreement of April 8, 
2004 and subsequent agreements, urges all parties
to engage in peace talks without preconditions and 
seek to resolve the conflict, and strongly condemns 
all attacks against humanitarian workers in the 
Darfur region; 
(3) imposes sanctions against the Government 
of Sudan, including sanctions against individual 
members of the Government of Sudan, and entities 
controlled or owned by officials of the Government 
of Sudan or the National Congress Party in Sudan; 
(4) calls upon those member states of the 
United Nations that continue to undermine efforts 
to foster peace in Sudan by providing military assist-
ance and equipment to the Government of Sudan, 
the SLM/A, the JEM, and associated armed groups 
in the Darfur region in violation of the embargo on 
such assistance and equipment, as called for in 
United Nations Security Council Resolutions 1556 
(July 30, 2004) and 1591 (March 29, 2005), to im-
mediately cease and desist; and 
(5) acting under Article 5 of the Charter of the 
United Nations, calls for suspension of the Govern-
ment of Sudan’s rights and privileges of membership 
by the General Assembly until such time as the Gov-
ernment of Sudan has honored pledges to cease at-
tacks upon civilians, demobilize the Janjaweed and
associated militias, and grant free and unfettered ac-
cess for deliveries of humanitarian assistance in the 
Darfur region. 
SEC. 8. REPORTS. 
(a) REPORT ON SANCTIONS IN SUPPORT OF PEACE 
IN DARFUR.—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 sub-
section (d); and 
(2) by inserting after subsection (b) the fol-
lowing new subsection: 
‘‘(c) REPORT ON SANCTIONS IN SUPPORT OF PEACE 
IN DARFUR.—Not later than 30 days after the date of 
the enactment of the Darfur Peace and Accountability Act 
of 2005, and in conjunction with reports required under 
subsections (a) and (b) of this section thereafter, the Sec-
retary of State shall prepare and submit to the appro-
priate congressional committees a report regarding sanc-
tions imposed under subsections (a) through (d) of section 
6 of the Comprehensive Peace in Sudan Act of 2004, in-
cluding—
‘‘(1) a description of each sanction imposed 
under such provisions of law; and 
‘‘(2) the name of the individual or entity sub-
ject to the sanction, if applicable.’’.
(b) REPORT
ON STABILIZATION
IN SUDAN.—Not 
later than 30 days after the date of enactment of this Act, 
the Secretary of State shall submit to the appropriate con-
gressional committees a report, to be prepared in conjunc-
tion with the Secretary of Defense, on—
(1) efforts to deploy an African Union Mission 
in Sudan (AMIS) with the size, strength and capac-
ity necessary to stabilize the Darfur region of Sudan 
and protect civilians and humanitarian operations; 
(2) the needs of AMIS to ensure success, in-
cluding in the areas of housing, transport, commu-
nications, equipment, technical assistance, training, 
command and control, intelligence, and such assist-
ance as is necessary to dissuade and deter air at-
tacks directed against civilians and humanitarian 
workers; and 
(3) the current level of United States assistance 
and other assistance provided to AMIS, and a re-
quest for additional United States assistance, if nec-
essary. 
SEC. 9. DEFINITION. 
(a) COMPREHENSIVE PEACE
IN SUDAN ACT
OF 
2004.—Section 2(2) of the Comprehensive Peace in 
Sudan Act of 2004 (50 U.S.C. 1701 note) is amended to 
read as follows:
‘‘(2) GOVERNMENT OF SUDAN.—
‘‘(A) IN
GENERAL.—The term ‘Govern-
ment of Sudan’ means the National Congress 
Party, formerly known as the National Islamic 
Front, government in Khartoum, Sudan, or any 
successor government formed on or after the 
date of the enactment of the Darfur Peace and 
Accountability Act of 2005 (including the coali-
tion National Unity Government agreed upon in 
the Comprehensive Peace Agreement for Sudan, 
signed in Nairobi, Kenya on January 9, 2005), 
except that such term does not include the Gov-
ernment of Southern Sudan. 
‘‘(B) OFFICIALS OF THE GOVERNMENT OF 
SUDAN.—The term ‘Government of Sudan’, 
when used with respect to an official of the 
Government of Sudan, does not include an indi-
vidual—
‘‘(i) who was not a member of such 
government prior to July 1, 2005; or 
‘‘(ii) who is a member of the Govern-
ment of Southern Sudan.’’. 
(b) SUDAN PEACE ACT.—Section 12(b) of the Sudan 
Peace Act (50 U.S.C. 1701 note) is amended to read as 
follows:
‘‘(b) GOVERNMENT OF SUDAN DEFINED.—In this 
section, the term ‘Government of Sudan’ means the Na-
tional Congress Party, formerly known as the National Is-
lamic Front, government in Khartoum, Sudan, or any suc-
cessor government formed on or after the date of the en-
actment of the Darfur Peace and Accountability Act of 
2005 (including the coalition National Unity Government 
agreed upon in the Comprehensive Peace Agreement for 
Sudan, signed in Nairobi, Kenya on January 9, 2005), 
except that such term does not include the Government 
of Southern Sudan. Such term, when used with respect 
to an official of the Government of Sudan, does not in-
clude an individual who was not a member of such govern-
ment prior to July 1, 2005, or an individual who is a mem-
ber of the Government of Southern Sudan.’’.
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