[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3127 Introduced in House (IH)]






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 
          referred to the Committee on International Relations

_______________________________________________________________________

                                 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Darfur Peace and Accountability Act 
of 2005''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        International Relations 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 successor government formed on or after 
                the date of the enactment of this Act (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.
                    (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 individual--
                            (i) who was not a member of such government 
                        prior to July 1, 2005; or
                            (ii) who is a member of the Government of 
                        Southern Sudan.
            (3) Sudan north-south peace agreement.--The term ``Sudan 
        North-South Peace Agreement'' means the comprehensive peace 
        agreement 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 Representatives and the 
        Senate declared that the atrocities occurring in the Darfur 
        region of Sudan are genocide.
            (2) On September 9, 2004, Secretary of State Colin L. 
        Powell stated before the Committee on Foreign 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 before the United 
        Nations General Assembly, President 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 Security Council 
        passed Security Council Resolution 1556, calling upon the 
        Government of Sudan to disarm the Janjaweed militias and to 
        apprehend and bring to justice Janjaweed leaders and their 
        associates 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 provision of related technical training or 
        assistance, to all nongovernmental entities and individuals, 
        including the Janjaweed.
            (5) On September 18, 2004, the United Nations Security 
        Council passed Security Council Resolution 1564, determining 
        that the Government of Sudan had failed to meet its obligations 
        under Security 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 International Commission of Inquiry on Darfur 
        to investigate 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, including such actions as to affect 
        Sudan's petroleum sector 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 Commission of Inquiry 
        on Darfur established that the ``Government of the Sudan and 
        the Janjaweed are responsible 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 individuals may have acted with ``genocidal 
        intent''.
            (8) The Report of the International Commission of Inquiry 
        on Darfur further notes that, pursuant to its mandate and in 
        the course of its work, the Commission had collected 
        information relating to individual perpetrators of acts 
        constituting ``violations of international human rights law and 
        international humanitarian law, including crimes against 
        humanity 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 Security 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 continuously 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 stability 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 monitoring 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 Criminal 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 Organization (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 Mission 
        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 Council should call for 
        suspension of the Government of Sudan's rights and privileges 
        of membership by the General Assembly 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;
            (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 International 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 employee (including any contractor), 
        member of the United States Armed Forces, or United States 
        national will be subject to prosecution by the ICC in 
        connection with those efforts;
            (7) the United States should not provide assistance to the 
        Government of Sudan, other than assistance necessary for the 
        implementation of the Sudan North-South Peace Agreement, the 
        support of the southern regional government in Sudan, or for 
        humanitarian 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 establishing 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 Agreement, 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 
        Government 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 inserting ``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 following 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 
        authorities 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 enactment 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 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.''.
    (b) Waiver.--Section 6(d) of the Comprehensive Peace in Sudan Act 
of 2004 (as redesignated by subsection (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 President 
transmits to the appropriate congressional committees 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 SUPPRESS 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 inserting ``(a) 
        General Assistance.--Notwithstanding''; and
            (2) by adding at the end the following new subsection:
    ``(b) Assistance to Support AMIS.--Notwithstanding any other 
provision of law, the President is authorized to provide assistance, on 
such terms and conditions as the President may determine and in 
consultation with the appropriate congressional committees, to 
reinforce the deployment and operations of an expanded African Union 
Mission in Sudan (AMIS) with the mandate, size, strength, and capacity 
to protect civilians and humanitarian operations, stabilize the Darfur 
region of Sudan and, as necessary, dissuade and deter air attacks 
directed against civilians and humanitarian workers, including 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 provision of assets to dissuade and 
deter offensive air strikes directed against civilians and humanitarian 
workers in the Darfur region of Sudan and other logistical, 
transportation, 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 embargo on military assistance with 
        respect Sudan imposed pursuant to United Nations Security 
        Council Resolutions 1556 (July 30, 2004) and 1591 (March 29, 
        2005).
            (2) Waiver.--The President may waive the application of 
        paragraph (1) if the President determines 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 Permanent 
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 protect civilians and humanitarian 
        operations, and dissuade and deter fighting and violence in the 
        Darfur region of Sudan, and urges member states of the United 
        Nations to accelerate political, material, financial, 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 assistance 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 immediately cease and desist; and
            (5) acting under Article 5 of the Charter of the United 
        Nations, calls for suspension of the Government of Sudan's 
        rights and privileges of membership by the General Assembly 
        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.

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 subsection (d); and
            (2) by inserting after subsection (b) the following 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 Secretary 
of State shall prepare and submit to the appropriate congressional 
committees a report regarding sanctions imposed under subsections (a) 
through (d) of section 6 of the Comprehensive Peace in Sudan Act of 
2004, including--
            ``(1) a description of each sanction imposed under such 
        provisions of law; and
            ``(2) the name of the individual or entity subject 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 congressional committees a report, to be prepared in 
conjunction with the Secretary of Defense, on--
            (1) efforts to deploy an African Union Mission in Sudan 
        (AMIS) with the size, strength and capacity necessary to 
        stabilize the Darfur region of Sudan and protect civilians and 
        humanitarian operations;
            (2) the needs of AMIS to ensure success, including in the 
        areas of housing, transport, communications, equipment, 
        technical assistance, training, command and control, 
        intelligence, and such assistance as is necessary to dissuade 
        and deter air attacks directed against civilians and 
        humanitarian workers; and
            (3) the current level of United States assistance and other 
        assistance provided to AMIS, and a request for additional 
        United States assistance, if necessary.

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 `Government 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 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.
                    ``(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 individual--
                            ``(i) who was not a member of such 
                        government prior to July 1, 2005; or
                            ``(ii) who is a member of the Government 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 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 
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 include an individual who was not a 
member of such government prior to July 1, 2005, or an individual who 
is a member of the Government of Southern Sudan.''.
                                 <all>