Darfur Legislation

Photo by Physicians for Human Rights

Updated: August 12, 2008

The United States Congress brought international attention to the crisis in Darfur, Sudan, by declaring it genocide in July 2004. Yet today, Darfurians remain vulnerable to displacement, rape and slaughter. We look to Congress for timely, bipartisan and concrete action to lead the international response to protect Darfurians.

The Genocide Intervention Network’s Darfur scorecard provides a quick summary of important anti-genocide measures and whether or not your elected officials gave support, in both the Senate and House.

To learn about what Congress can do today view the Next Steps for Congress page.


House Legislation

2005

2006

2007

Senate Legislation

2006

2007

Extra Credit Legislation

Legislation in the House

Since the beginning of 2005, House members had the opportunity to support several important legislative measures to help end genocide in Darfur, Sudan. Representatives were rewarded for sponsorships, co-sponsorships and votes in favor of relevant legislation.

Darfur Genocide Accountability Act: H.R. 1424
The Darfur Genocide Accountability Act was introduced on March 17, 2005, by Rep. Donald Payne (D-NJ). There were 138 co-sponsors of the bill.
Although the bill never passed, it provided a powerful precedent for future congressional action. The Darfur Genocide Accountability Act called for targeted sanctions against Sudanese government officials, authorized the president to use force to stop the genocide, and denied port entry to ships engaged in business in the oil sector of Sudan.
The DGAA gave way to the Darfur Peace and Accountability Act.
Darfur Peace and Accountability Act: H.R. 3127
The Darfur Peace and Accountability Act was introduced on June 30, 2005, by former Rep. Henry Hyde (R-IL). There were 162 co-sponsors of the bill.
While Congress initially stalled on the measure, constituent pressure resulted in a 416 to 3 vote on April 5, 2006. The Senate later revised the bill, stripping it of an important measure which would have protected states that divest from the worst-offending companies in Sudan.
This revised DPAA was passed by a unanimous voice vote on Sept. 25, 2006. The bill was signed into law by the President on Oct. 13, 2006.
The bill imposes sanctions against officials the president identifies as responsible for the genocide and urges the President to deny US port entry to any ships engaged in business in Sudan’s oil sector. More about the DPAA from Wikipedia.
NATO Bridging Force: House Resolution 723
House Resolution 723 was introduced on March 14, 2006, by Rep. Tom Lantos (D-CA). The resolution is still pending. The bill passed on Sept. 26, 2006, by a 412 to 7 vote.
The resolution calls on the UN to provide a robust peacekeeping mission in Darfur as soon as possible. H. Res. 723 urges the President to help deploy a NATO bridging force to protect civilians until a UN force can be fully deployed
House Amendment 709 to H.R. 4939
H.R. 4939 made emergency supplemental appropriations for the 2006 fiscal year. Rep. Michael Capuano (D-MA) offered an amendment to this resolution which increased funding for African Union peacekeepers by $50 million. Congress voted in favor of the amendment on March 16, 2006, by a vote of 213 to 208.
AU peacekeepers are outmanned and under-funded and this critical amendment ensures that the AU can better protect civilians in Darfur.
Although the AU needs to transition into a multinational force, it is important to fund the AU in the transition phase. Rep. Capuano’s amendment ensured that this would happen.
House Amendment 980 to H.R. 5522
H.R. 5522 made appropriations for foreign operations, export financing, and related programs for the 2007 fiscal year. Reps. Tom Lantos (D-CA), David Obey (D-WI) and former Rep. Henry Hyde (R-IL) offered an amendment to increase humanitarian aid to Darfur by $50 million. Congress voted against the amendment on June 8, 2006, by a vote of 198 to 225.
As the genocide continues in Darfur, the humanitarian situation worsens. In April 2006, aid organizations were forced to drastically cut food rations to refugees in the region.
Presidential Special Envoy: House Resolution 992
House Resolution 992 was introduced on Sept. 7, 2006, by Rep. Frank Wolf (R-VA). There were 108 co-sponsors of the bill. The bill passed on Sept. 26, 2006, by a 414 to 3 vote.
The resolution urged the president to appoint a Presidential Special Envoy to Sudan. Shortly after the resolution passed, President Bush appointed former USAID Administrator Andrew Natsios as the Special Envoy to Sudan.
This position ensures that the genocide remains a high priority for the administration.
China Resolution: House Resolution 422
House Resolution 422 was introduced on May 21, 2007 by Rep. Barbara Lee (D-CA). The bill had 130 co-sponsors.

The bill calls on the Government of the People's Republic of China to use its unique influence and economic leverage to stop genocide and violence in Darfur, Sudan. The bill was passed by the House in a 410-0 vote on June 5, 2007.
Darfur Accountability and Divestment Act: H.R.180
House Bill 180 was introduced by Rep. Barbara Lee (D-CA). There were 151 co-sponsors of the bill. The bill passed on July 31, 2007, by a 418 to 1 vote.
The bill created a list of problematic companies, authorized states and local governments to divest, prohibited U.S. government contracts with companies fueling the genocide, and authorizeed states to also prohibit contracts.
Since the government of Sudan relies heavily on foreign investment to fund its military, divestment is an effective strategic move against the crisis. The Darfur Accountability and Divestment Act gave way to the Sudan Accountability and Divestment Act (SADA).
Genocide Accountability Act: H.R.2489
House Bill 2489 was introduced by Rep. Howard Berman (D-CA) on May 24, 2007. It passed the House on December 5, 2007.
The bill seeks to close a legal loophole that prevents the U.S. Justice Department from prosecuting people in the United States who have committed genocide in other countries.
Sudan Accountability and Divestment Act: S.2271 in the House
The Sudan Accountability and Divestment Act (SADA) was referred to the House on December 13, 2007 after passing the Senate by unanimous consent.
The bill authorizes, but does not mandate, state and local divestment from companies doing business with the genocidal government of Sudan. It also prohibits these companies from receiving U.S. federal government contracts and authorizes states to prohibit contracts. SADA was passed by a vote of 411-0 in the House of Representatives on December 18, 2007.

Legislation in the Senate

Since 2005, senators have had four significant legislative opportunities to help protect civilians in Darfur. The Genocide Intervention Network evaluated each member’s record on all legislation. Senators were rewarded for co-sponsorships and votes cast in favor of relevant legislation.

Darfur Accountability Act: S. 495
The Darfur Accountability Act was introduced on March 2, 2005, by former Sen. Jon Corzine (D-NJ). There were 40 senators who co-sponsored the bill.
The bill would direct the president to identify and target individuals responsible for the genocide in Darfur. The United States would freeze assets and deny visas to these individuals.
Although the bill did not pass, it helped to set the stage for further legislation on the situation.
Darfur Peace and Accountability Act: S. 1462
The Darfur Peace and Accountability Act (DPAA) was introduced on July 21, 2005, by Sen. Sam Brownback (R-KS). There were 38 senators who co-sponsored the bill. The Senate passed the DPAA by unanimous consent on Nov. 18, 2005. A conference committee later revised the bill and removed Section 11, which would have protected states that divested from the worst-offending companies conducting business in Sudan.
This revised bill was passed in the Senate on Sept. 21, 2006 by unanimous consent. The DPAA was signed into law on Oct. 13, 2006.
The bill imposes sanctions against officials the president identifies as responsible for the genocide and urges the President to deny US port entry to any ships engaged in business in Sudan’s oil sector. More about the DPAA from Wikipedia.
Civilian Protection: Senate Resolution 383
Senate Resolution 383 was introduced on Feb. 17, 2006, by Sen. Joseph Biden (D-DE). There were 21 co-sponsors of the resolution. S. Res. 383 passed by unanimous consent on March 2, 2006.
The resolution urges the president to take several steps to protect civilians in Darfur. Among these recommendations is proposing to NATO that they consider deploying troops to Darfur and providing logistical support to any UN mission. The resolution also calls on the UN Security Council to approve a force in Darfur in the near future.
Although this resolution is nonbinding, it provides a powerful sense of Congress that the president needs to do more to end the genocide. The resolution expresses that the United States should take all steps necessary to ending the conflict, including deployment of a NATO mission.
No-Fly Zone: Senate Resolution 559
Senate Resolution 559 was introduced on Sept. 7, 2006, by Sen. Joseph Biden (D-DE). Thirty-seven senators co-sponsored the resolution. Senate Resolution 559 passed by unanimous consent on Sept. 13, 2006.
The resolution calls on the president and the United Nations to take immediate steps to end the genocide in Darfur. Specifically, the resolution calls on the UN to deploy peacekeeping troops to the region as soon as possible. It also urges the president to work with NATO and the UN to enforce a no-fly zone in Darfur.
While the resolution is nonbinding, it recommends several important measures that President Bush should enforce to protect civilians in Darfur. Imposing a no-fly zone would greatly reduce attacks in Darfur, and a UN peacekeeping force is vital for ending the atrocities.
Sudan Divestment Authorization Act: S.831
Senate Bill 831 was introduced on March 8, 2007 by Sen. Richard Durbin (D-IL) and has been refered to the Senate Committee on Banking, Housing and Urban Affairs.
The bill supports state and local efforts to divest from companies that do business with the Khartoum government. The underlying objective is to make clear that Congress did not intend to foreclose or preempt state and local Sudan divestment efforts and that such local efforts are not incompatible with federal sanctions law.
Genocide Accountability Act: S.888
S.888 was introduced on March 15, 2007 by Sen. Richard Durbin (D-IL). The bill had five co-sponsors, Senators Coburn, Cornyn, Feingold, Kennedy and Leahy.
The bill seeks to close a legal loophole that prevents the U.S. Justice Department from prosecuting people in the United States who have committed genocide in other countries. The bill was passed by the Senate by unanimous consent on March 29, 2007.
China Resolution: Senate Resolution 203
Senate Resolution 203 was introduced on May 16, 2007 by Sen. Robert Menendez (D-NJ). The bill had 27 co-sponsors.
The bill calls on the Government of the People's Republic of China to use its unique influence and economic leverage to stop genocide and violence in Darfur, Sudan. The bill was passed by the Senate by unanimous consent on July 30, 2007.
Hybrid Force Resolution: Senate Resolution 276
Senate Resolution 276 was introduced on July 19, 2007 by Sen. Joseph Biden (D-DE). The bill had 39 co-sponsors.

The bill calls for the swift deployment of the United Nations-African Union hybrid peacekeeping force in Darfur and for efforts to renew the peace process. The bill was passed by the Senate by unanimous consent on July 31, 2007.
Sudan Accountability and Divestment Act: S.2271
The Sudan Accountability and Divestment Act (SADA) was an original Senate Banking Committee bill championed by Senators Chris Dodd (D-CT) and Richard Shelby (R-AL). It was introduced on October 31, 2007.
The bill authorizes, but does not mandate, state and local divestment from companies doing business with the genocidal government of Sudan. It also prohibits these companies from receiving U.S. federal government contracts and authorizes states to prohibit contracts. SADA was passed by the Senate by unanimous consent on December 13, 2007.
Protecting Funding for International Peacekeeping
On September 6, 2007 the Senate voted against a problematic amendment to the State and Foreign Operations 2008 Budget, House Bill 2764.
The amendment, introduced by Senator Ensign (R-NV), would have limited the ability of the United States to pay our share of international peacekeeping. Currently, the U.S. owes the United Nations over $1.5 billion in arrears for UN peacekeeping missions.
Helicopters for Darfur Resolution
On January 28, 2008 Senator Joseph Biden (D-DE) introduced a resolution urging the international community to provide the United Nations-African Union Mission in Sudan with essential tactical and utility helicopters.
The legislation "urges the members of the international community, including the United States, that possess the capability to provide the tactical and utility helicopters needed for the United Nations-African Union peacekeeping mission in Darfur to do so as soon as possible; and urges the President to intervene personally by contacting other heads of state and asking them to contribute the aircraft and crews for the Darfur mission". The bill had 33 co-sponsors and was passed unanimously on February 8, 2008. This resolution was significant in that it was followed up by language in the 2008 Supplemental Appropriations bill--thanks to Senator Biden--authorizing the President to utilize prior year Foreign Military Financing Program and Peacekeeping Operations funds for transfer or lease of helicopters or related equipment necessary for operations of the AU/UN hybrid peacekeeping mission in Darfur.

Extra Credit Legislation

Certain members of Congress in both the House and Senate received extra credit on the scorecard for introducing amendments and other legislation. While not all members of Congress were rated on these bills, their champions should be thanked for their efforts.

Clinton Amendment
On June 20, 2006, Sen. Clinton (D-NY) sponsored an amendment to the National Defense Authorizations Act (S. 2766). The amendment would require the president to publish regular reports on the situation in Darfur. This amendment builds on the signing of the Darfur Peace Agreement (DPA) on May 5 by the government of Sudan and one rebel group. It helps to encourage sustained US attention to the behavior of these and other parties in the field.
Sen. Clinton’s amendment will ensure that Congress is always kept informed of the situation on the ground in Darfur. With this information, they can effectively introduce legislation and fund peacekeeping forces. The amendment was accepted.
Reid Amendment
On June 22, 2006, Sen. Reid (D-NV) sponsored an amendment to the National Defense Authorizations Act (S. 2766). The amendment requires the Department of Defense to report to Congress on what it can offer to support the African Union Mission in Sudan (AMIS) in its efforts to stop the genocide.
Sen. Reid’s amendment will ensure that Congress is aware of the Department of Defense’s ability to logistically support a peacekeeping force in Darfur. In order to effectively protect civilians, it will be vital that the US provides material and financial support. The amendment was not accepted.
Menendez Amendment
On May 2, 2006, Sen. Menendez (D-NJ) offered a $60 million amendment to H.R. 4939, an emergency spending bill to fund the wars in Iraq and Afghanistan and aid to Gulf Coast hurricane victims. The amendment allocated funds toward helping establish a UN peacekeeping force in Darfur and was passed by voice vote.
The US is responsible for more than 25 percent of all funds for UN peacekeeping operations, but has fallen behind on its payments. When the US and other countries fail to pay their allotted dues, the UN defers payments to troops. This makes it difficult to convince possible contributing countries to commit troops to what will likely be an especially complicated mission in Darfur. Sen. Menendez’s amendment will help the US pay its dues in the UN and will expedite the UN deployment.
Durbin/Leahy Amendment
On April 4, 2006, Sens. Durbin (D-IL) and Leahy (D-VT) offered an amendment to H.R. 4939, an emergency spending bill to fund the wars in Iraq and Afghanistan and aid to Gulf Coast hurricane victims. The amendment increased the Administration’s request for peacekeeping operations in Darfur by $50 million. It was approved by a voice vote in the Senate Appropriations Committee. The amount approved matched that offered in a similar amendment by Rep. Capuano (D-MA).
Given that AU peacekeepers are out-manned and under-funded, this was a critical amendment to ensure that the African Union can better protect civilians in Darfur. One of the most effective ways Congress can end genocide is to fund peacekeepers in Darfur. Although the African Union needs to transition into a multinational UN force, it is important to fund the AU presence in the transition phase.
Jackson Amendment
On March 15, 2005, Rep. Jackson (D-IL) introduced an amendment to H.R. 1268, the Wartime Appropriations Act (HR 1268). The amendment included $150 million for food aid to the Sudan and $100 million for disaster relief and refugee assistance aid to Sudan. The amendment passed by voice vote.
As the genocide continues, the humanitarian situation in Darfur worsens. Rep. Jackson’s amendment provided much-needed aid to Darfur, ensuring the survival of hundreds of thousands of displaced persons.
Lieberman Resolution
On July 14, 2006, Sen. Lieberman (D-CT) introduced S. Res. 531, a resolution urging the president to appoint a Presidential Special Envoy to Sudan. If passed, the resolution would present a powerful sense that Congress feels that the administration needs to make Darfur a higher priority.
The resolution was introduced at a time when many important administration officials involved with Darfur have left office. An envoy would ensure that this lack of leadership on the issue is filled.
Obama/Reid Amendment
On Oct. 2, 2006, Sens. Obama (D-IL) and Reid (D-NV) offered a $20 million amendment to H.R. 5631, the Department of Defense Appropriations Act. The amendment allocated funds to support the African Union troops in Darfur.
The African Union is currently the only protection for Darfurians. While it is imperative that a United Nations force take over for the African Union, the latter must be supported in the meantime. The Obama/Reid amendment provides sorely need funds.
Peace in Darfur Act: S. 3801
The Peace in Darfur Act of 2006 was introduced on Aug. 3, 2006, by Sens. Gordon Smith (R-OR) and Ted Kennedy (D-MA). There were three co-sponsors and the bill was then referred to the Committee on Foreign Relations. As no further action was taken, the bill is no longer active.
S. 3801 supported the implementation of the Darfur Peace Agreement, signed on May 5, 2006. The bill included sanctions against key Sudanese government officials. The provisions of the bill aimed to pressure on the Sudanese government to allow UN peacekeepers to enter the Darfur region.
Federal Divestment from Sudan: H.R. 6140
H.R. 6140 was introduced on Sept. 21, 2006 by Rep. Barbara Lee (D-CA) and had 70 co-sponsors. The bill was referred to the Subcommittee on Capital Markets, Insurance and Government Sponsored Enterprises at the end of last year. As no further action was taken, the bill is no longer active.
H.R. 6140 would have required the US government to identify all companies that conduct business operations in Sudan. It also prohibited the US government from engaging in contracts with any of those companies. Finally the bill wanted to legally support any states or universities who divest their holdings from Sudan
H.R. 6140 would have helped further the emerging Sudan divestment movement. Divestment is a historically successful method of pressuring the genocidal Sudanese government.
Sudan Disclosure and Enforcement Act of 2007
S.1563 was introduced on June 7, 2007 by Senator Richard Durbin (D-IL).
If passed the bill would have required the disclosure of certain activities relating to the petroleum industry of Sudan and increased the penalties for violations of sanctions provisions. The bill had 11 co-sponsors.