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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3199 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 336
117th CONGRESS
  2d Session
                                S. 3199

  To promote peace and democracy in Ethiopia, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 4, 2021

   Mr. Menendez (for himself, Mr. Risch, Mr. Coons, and Mr. Tillis) 
introduced the following bill; which was read twice and referred to the 
                     Committee on Foreign Relations

                             April 6, 2022

              Reported by Mr. Menendez, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
  To promote peace and democracy in Ethiopia, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Ethiopia Peace and 
Democracy Promotion Act of 2021''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Appropriate congressional committees.--The 
        term ``appropriate congressional committees'' means the 
        Committee on Foreign Relations of the Senate and the Committee 
        on Foreign Affairs of the House of Representatives.</DELETED>
        <DELETED>    (2) Secretary.--The term ``Secretary'' means the 
        Secretary of State.</DELETED>

<DELETED>SEC. 3. FINDINGS.</DELETED>

<DELETED>    Congress makes the following findings:</DELETED>
        <DELETED>    (1) The United States and the Federal Democratic 
        Republic of Ethiopia share an important relationship and more 
        than a century of diplomatic relations.</DELETED>
        <DELETED>    (2) Ethiopia is the second most populous country 
        in Africa and plays a key role in advancing security and 
        stability across sub-Saharan Africa, including as a top 
        contributor of uniformed personnel to United Nations 
        peacekeeping missions and as host country to the African 
        Union.</DELETED>
        <DELETED>    (3) Amid proliferating popular protests in 2018, 
        against decades of authoritarian rule, Ethiopia's governing 
        Ethiopian People's Revolutionary Democratic Front (EPRDF) 
        selected Abiy Ahmed as Prime Minister, who upon taking office 
        embarked on a program of political and economic reform that was 
        soon encumbered by widespread inter-communal conflict, 
        political assassinations, and democratic backsliding.</DELETED>
        <DELETED>    (4) Tensions between Prime Minister Abiy Ahmed and 
        the leadership of the Tigray People's Liberation Front (TPLF), 
        who, until 2019, were EPRDF coalition partners, deteriorated 
        significantly throughout 2019-2020, with the EPRDF's 
        transformation into the Prosperity Party (PP), the Federal 
        Government of Ethiopia's postponement of the 2020 elections, 
        and the TPLF's decision to hold elections in Tigray Regional 
        State of Ethiopia despite Federal objections, all serving as 
        major catalysts.</DELETED>
        <DELETED>    (5) In the early hours of November 4, 2020, Prime 
        Minister Abiy ordered a military offensive in response to an 
        attack by the TPLF on the Northern Command of the Ethiopian 
        National Defense Forces (ENDF), which TPLF officials have 
        asserted was an act of self-defense in the face of an imminent 
        invasion by Federal forces.</DELETED>
        <DELETED>    (6) Throughout November 2020, hostilities between 
        the ENDF and forces loyal to the TPLF evolved into a large-
        scale armed conflict that also involved the Eritrean Defense 
        Forces (EDF) and Amhara regional forces and militia fighting in 
        support of the Federal Government.</DELETED>
        <DELETED>    (7) Despite repeated calls from the United States 
        and its international partners for a full and verifiable 
        Eritrean withdrawal from Ethiopia, which date back to November 
        2020, Eritrean forces remain in Ethiopia.</DELETED>
        <DELETED>    (8) Fighting between TPLF aligned forces and the 
        ENDF and its allies persists in parts of Tigray, and has spread 
        to Amhara and Afar, and is estimated to have resulted in the 
        deaths of tens of thousands of individuals, prompted more than 
        61,000 Ethiopians to seek refuge in Sudan, and internally 
        displaced over 2,000,000.</DELETED>
        <DELETED>    (9) The war has disrupted harvests, livelihoods, 
        markets, and banking, and critical public infrastructure was 
        systematically looted and destroyed during the course of the 
        conflict, including health centers and schools, with the 
        majority of the reports implicating the ENDF, the EDF, and 
        allied militia. Supply chains and food were allegedly looted by 
        ENDF, EDF, and allied militia, which collectively contributed 
        to conditions that have resulted in 400,000-900,000 Ethiopians 
        living in famine-like conditions and a further 1,800,000 close 
        to that threshold, according to an analysis issued in June 
        2021.</DELETED>
        <DELETED>    (10) Interruptions in electricity, internet, and 
        telephone services imposed by the Federal Government of 
        Ethiopia continue to hamper humanitarian relief efforts and 
        enable impunity from armed actors on all sides of the conflict 
        by restricting the flow of information about human rights and 
        humanitarian conditions in the region.</DELETED>
        <DELETED>    (11) Despite repeated assurances from the Federal 
        Government of Ethiopia that it would allow unfettered 
        humanitarian access to Tigray, it continues to impose wide-
        ranging bureaucratic obstacles that impede the relief efforts 
        of international humanitarian organizations, and encourage and 
        deploy hostile rhetoric toward international humanitarian 
        organizations that endanger the safety and security of their 
        staff on the ground.</DELETED>
        <DELETED>    (12) Twenty-three aid workers have been killed in 
        the course of the conflict in northern Ethiopia, including an 
        aid worker employed by a United States Agency for International 
        Development implementing partner, who was reportedly executed 
        by Ethiopian and Eritrean forces in May 2021, and 3 Doctors 
        Without Borders employees in June 2021, by unknown armed 
        actors.</DELETED>
        <DELETED>    (13) Parties to the conflict in northern Ethiopia 
        have been accused of extra-judicial killings, rape, and ethnic 
        cleansing that may amount to war crimes, crimes against 
        humanity, and genocide.</DELETED>
        <DELETED>    (14) Two Eritrean refugee camps in Tigray, 
        Shimelba and Hitsats, were attacked and destroyed by armed 
        actors in November 2020 through January 2021, and refugees 
        subjected to killings, abductions, and forced 
        returns.</DELETED>
        <DELETED>    (15) As of October 31, 2021, total United States 
        Government humanitarian assistance in fiscal years 2020 and 
        2021 for the northern Ethiopia crisis response totaled 
        $617,387,662, making it the single largest donor of 
        humanitarian aid to the humanitarian crisis in northern 
        Ethiopia since the conflict began.</DELETED>
        <DELETED>    (16) In July 2021, TPLF aligned forces launched 
        military operations into some occupied portions neighboring 
        Amhara and Afar regions, displacing hundreds of thousands of 
        Amhara and Afar civilians, and giving rise to allegations of 
        serious abuses by Tigrayan forces against civilians in those 
        two regions, as well as against Eritrean refugees residing in 
        the Mai Aini and Adi Harush camps.</DELETED>
        <DELETED>    (17) The TPLF's July 2021 offensive was followed 
        by reports of escalating abuses against Tigrayan civilians in 
        various parts of Ethiopia and the alleged killing of Tigrayans 
        in Humera, all of which occur within a context of incendiary 
        and ethnicized public statements from Ethiopian officials and 
        media platforms.</DELETED>
        <DELETED>    (18) The Federal Government of Ethiopia responded 
        to TPLF offensives in July through August 2021 by pursuing mass 
        military mobilization, including the mobilization of regional 
        special forces and ethnic militia from various parts of the 
        country, in an effort to thwart and roll back TPLF 
        operations.</DELETED>
        <DELETED>    (19) In August 2021, officials from the TPLF and 
        Oromo Liberation Army (OLA), a rebel group engaged in armed 
        struggle primarily in the Oromia region, publicly confirmed 
        they had entered an alliance designed to coordinate their 
        military operations against the Federal Government of Ethiopia, 
        developments which occurred against the backdrop of TPLF 
        advances in Amhara region and increased OLA activity in 
        Oromia.</DELETED>
        <DELETED>    (20) In September 2021, the Federal Government of 
        Ethiopia announced it was expelling seven senior United Nations 
        officials, and in October 2021 commenced an air offensive on 
        the Tigrayan capital, Mekele, which has further exacerbated the 
        inability of international aid organizations to deliver 
        food.</DELETED>
        <DELETED>    (21) In October, state-owned Ethiopia Television 
        reported that Prime Minister Abiy stated that, ``[i]f we make 
        sure that this thing called wheat [food aid] does not enter 
        Ethiopia, 70 per cent of Ethiopia's problems will be solved,'' 
        implying that he may stop the delivery of international food 
        aid altogether.</DELETED>
        <DELETED>    (22) In October 2021, a United Nations 
        Humanitarian Air Services flight that had been cleared by 
        Federal authorities to land in Mekelle to deliver food aid was 
        forced to abort landing due to air raids, threatening the lives 
        of 11 United Nations and non-governmental staff on 
        board.</DELETED>
        <DELETED>    (23) In the wake of military advances by the 
        Tigray Defense Forces in late October 2021, Prime Minister Abiy 
        urged citizens to take up arms to defend themselves, and on 
        November 2, 2021, Ethiopia declared a 6-month state of 
        emergency.</DELETED>
        <DELETED>    (24) On November 3, 2021, the Office of the High 
        Commissioner for Human Rights released the Joint Investigation 
        into Alleged Violations of International Human Rights, 
        Humanitarian and Refugee Law Committed by all Parties to the 
        Conflict in the Tigray Region of the Federal Democratic 
        Republic of Ethiopia, which found that ``attacks on civilians 
        and civilian objects, as well as indiscriminate attacks by 
        ENDF, EDF, and TSF Tigray Special Forces] in violation of 
        international humanitarian law . . . may amount to war 
        crimes,'' and that ``these groups and affiliated militia 
        committed acts in violation of international human rights law 
        and international humanitarian law''.</DELETED>
        <DELETED>    (25) The escalating conflict between the Federal 
        Government of Ethiopia and its allies and the TPLF and OLA 
        occurs in the context of a broader deterioration of political 
        conditions across the country, including persistent inter-
        communal violence, expanding repression against journalists, 
        opposition parties, and dissident voices, and highly 
        contentious national elections conducted in June to July 2021 
        that did not meet internationally accepted standards.</DELETED>
        <DELETED>    (26) Ethiopia's crisis is nested within a complex 
        regional environment, the most important dimensions of which 
        are three-way tensions between Ethiopia, Egypt, and Sudan over 
        the Grand Ethiopian Renaissance Dam border tensions between 
        Sudan and Ethiopia over Al Fashaga, Eritrea's muscular regional 
        engagement, and increasing geopolitical competition in the Horn 
        of Africa that involves the Gulf, Turkey, Iran, Russia, and the 
        People's Republic of China.</DELETED>
        <DELETED>    (27) Working in conjunction with its international 
        partners, the United States has consistently called for a 
        political solution to the crisis, unfettered humanitarian 
        access, an end to human rights violations, full accountability 
        for all atrocities committed during the course of hostilities, 
        and a broader all-inclusive national dialogue, and has taken a 
        number of actions to encourage and incentivize a peaceful 
        resolution to the conflict in Ethiopia, including reductions in 
        development and security assistance, visa sanctions, and high-
        level diplomatic engagement.</DELETED>
        <DELETED>    (28) On September 17, 2021, President Joseph R. 
        Biden signed Executive Order No. 14046 ``Imposing Sanctions on 
        Certain Persons With Respect to the Humanitarian and Human 
        Rights Crisis in Ethiopia,'' which authorizes the United States 
        to target parties responsible for or complicit in actions or 
        policies that prolong the conflict in northern Ethiopia, and 
        those that commit human rights abuses, or obstruct humanitarian 
        access and a ceasefire with respect to the conflict.</DELETED>
        <DELETED>    (29) The Federal Government of Ethiopia has 
        rejected all offers to facilitate a diplomatic solution to the 
        conflict, including those extended by African Union Chairman 
        Cyril Ramaphosa in November 2020, and Intergovernmental 
        Authorities on Development (IGAD) Chairman Abdalla Hamdok in 
        August 2021, to mediate talks with the TPLF.</DELETED>

<DELETED>SEC. 4. STATEMENT OF POLICY.</DELETED>

<DELETED>    It is the policy of the United States to support a 
peaceful, democratic unified Ethiopia, and to use all diplomatic, 
development, and legal tools to support an end to the conflict that 
began in northern Ethiopia, an end to violence throughout Ethiopia, the 
promotion of an all-inclusive national dialogue, and the advancement of 
the human, civil, and political rights of all Ethiopians.</DELETED>

<DELETED>SEC. 5. SUPPORT FOR DEMOCRACY AND HUMAN RIGHTS IN 
              ETHIOPIA.</DELETED>

<DELETED>    (a) In General.--The Secretary, in consultation with the 
Administrator of the United States Agency for International 
Development, shall develop and implement a strategy for supporting 
democracy and human rights in Ethiopia that includes a description and 
justification of--</DELETED>
        <DELETED>    (1) plans to support civil society efforts related 
        to expanding citizen participation and political 
        space;</DELETED>
        <DELETED>    (2) plans to support all-inclusive national 
        dialogue in Ethiopia;</DELETED>
        <DELETED>    (3) plans to support justice and accountability 
        mechanisms for abuses and atrocities committed in the course of 
        the conflict;</DELETED>
        <DELETED>    (4) plans to combat hate speech and disinformation 
        in Ethiopia;</DELETED>
        <DELETED>    (5) current and planned democracy and governance 
        support to government institutions in Ethiopia; and</DELETED>
        <DELETED>    (6)(A) results of the most recent impact 
        evaluation of these activities; and</DELETED>
        <DELETED>    (B) plans for applying lessons learned from such 
        evaluations.</DELETED>
<DELETED>    (b) Report to Congress.--Not less than 180 days after the 
date of the enactment of this Act, the Secretary shall submit the 
strategy required in subsection (a) to the appropriate congressional 
committees.</DELETED>

<DELETED>SEC. 6. SUPPORT FOR CONFLICT RESOLUTION, MITIGATION AND 
              MANAGEMENT, AND RECONCILIATION.</DELETED>

<DELETED>    (a) Conflict Resolution.--The President is authorized to 
provide financial, technical, and diplomatic support for--</DELETED>
        <DELETED>    (1) efforts by the African Union or other credible 
        entities engaged in efforts to help bring about a peaceful 
        resolution to the conflict in northern Ethiopia; and</DELETED>
        <DELETED>    (2) efforts by civil society, especially those 
        from marginalized communities, women, and youth, to participate 
        and engage in peacebuilding, mediation, and community 
        reconciliation.</DELETED>
<DELETED>    (b) Conflict Mitigation and Reconciliation.--The 
Administrator of the United States Agency for International Development 
shall develop and implement a strategy, coordinated with the Secretary 
as relevant, to support conflict mitigation and management, and 
reconciliation and trauma healing for conflict affected groups in 
Ethiopia that includes--</DELETED>
        <DELETED>    (1) an analysis of the drivers of conflict in 
        Ethiopia;</DELETED>
        <DELETED>    (2) a comprehensive plan to mitigate and manage 
        conflict;</DELETED>
        <DELETED>    (3) an emphasis on community-led grass roots 
        reconciliation;</DELETED>
        <DELETED>    (4) specific steps the Agency will take to ensure 
        the participation of traditionally marginalized communities and 
        ethnic groups, women, and youth;</DELETED>
        <DELETED>    (5) plans to ensure that all assistance programs 
        that are directly aimed at benefitting the Ethiopian people or 
        building the capacity of civil society to incorporate, to the 
        extent practicable, community-based conflict mitigation and 
        management, violence prevention, peacebuilding interventions, 
        reconciliation activities, psychosocial support, and trauma 
        healing;</DELETED>
        <DELETED>    (6) a clear statement of--</DELETED>
                <DELETED>    (A) the goals and expected outcomes of the 
                strategy; and</DELETED>
                <DELETED>    (B) the means through which progress 
                towards those goals will be met including through 
                regular rigorous evaluations; and</DELETED>
        <DELETED>    (7) plans for updating and revising the current 
        Country Development Cooperation Strategy to include elements of 
        the strategy required under this subsection.</DELETED>
<DELETED>    (c) Submission.--The strategy required under subsection 
(b) shall be submitted to the appropriate congressional committees not 
later than 90 days after the date of the enactment of this 
Act.</DELETED>

<DELETED>SEC. 7. ACTIONS IN SUPPORT OF PEACE AND STABILITY IN 
              ETHIOPIA.</DELETED>

<DELETED>    (a) Sanctions for Actions Undermining Transition to 
Democracy.--</DELETED>
        <DELETED>    (1) In general.--The President shall impose the 
        sanctions described in paragraph (2) with respect to any 
        foreign person that the President determines--</DELETED>
                <DELETED>    (A) undermines efforts with respect to a 
                peaceful negotiated settlement to end hostilities in 
                northern Ethiopia;</DELETED>
                <DELETED>    (B) through business dealings with senior 
                leadership of the Government of Ethiopia or the 
                Government of Eritrea, the Tigray People's Liberation 
                Front, or other parties to the conflict in and around 
                northern Ethiopia, derives significant financial 
                benefit or political power from policies or actions, 
                including electoral fraud, human rights abuses, or 
                corruption, that contribute to the conflict or impede a 
                transition to democracy in Ethiopia;</DELETED>
                <DELETED>    (C) provides to any party involved in 
                hostilities in Ethiopia--</DELETED>
                        <DELETED>    (i) weapon systems, such as 
                        firearms, unmanned aerial systems, helicopters, 
                        munitions used by such unmanned aerial systems 
                        or helicopters, battle tanks, armored combat 
                        vehicles, or munitions for such tanks and 
                        vehicles, missiles or missile systems; armed 
                        vehicles; or</DELETED>
                        <DELETED>    (ii) support for such systems, 
                        such as ammunition, spare parts, pilots or 
                        other operators; or</DELETED>
                <DELETED>    (D) knowingly facilitates or finances the 
                sale, operation, or transfer of weapons to any party 
                involved in hostilities in Ethiopia.</DELETED>
        <DELETED>    (2) Sanctions described.--The sanctions to be 
        imposed under paragraph (1) with respect to a foreign person 
        are the following:</DELETED>
                <DELETED>    (A) Property blocking.--The exercise of 
                all powers granted to the President by the 
                International Emergency Economic Powers Act (50 U.S.C. 
                1701 et seq.) to the extent necessary to block and 
                prohibit all transactions in all property and interests 
                in property of the foreign person if such property and 
                interests in property are in the United States, come 
                within the United States, or are or come within the 
                possession or control of a United States 
                person.</DELETED>
                <DELETED>    (B) Aliens inadmissible for visas, 
                admission, or parole.--</DELETED>
                        <DELETED>    (i) Visas, admission, or parole.--
                        An alien described in paragraph (1) is--
                        </DELETED>
                                <DELETED>    (I) inadmissible to the 
                                United States;</DELETED>
                                <DELETED>    (II) ineligible to receive 
                                a visa or other documentation to enter 
                                the United States; and</DELETED>
                                <DELETED>    (III) otherwise ineligible 
                                to be admitted or paroled into the 
                                United States or to receive any other 
                                benefit under the Immigration and 
                                Nationality Act (8 U.S.C. 1101 et 
                                seq.).</DELETED>
                        <DELETED>    (ii) Current visas revoked.--
                        </DELETED>
                                <DELETED>    (I) In general.--The visa 
                                or other entry documentation of an 
                                alien described in paragraph (1) shall 
                                be revoked, regardless of when such 
                                visa or other entry documentation is or 
                                was issued.</DELETED>
                                <DELETED>    (II) Immediate effect.--A 
                                revocation under subclause (I) shall--
                                </DELETED>
                                        <DELETED>    (aa) take effect 
                                        immediately; and</DELETED>
                                        <DELETED>    (bb) automatically 
                                        cancel any other valid visa or 
                                        entry documentation that is in 
                                        the alien's 
                                        possession.</DELETED>
        <DELETED>    (3) Exceptions.--</DELETED>
                <DELETED>    (A) Exception relating to importation of 
                goods.--</DELETED>
                        <DELETED>    (i) In general.--The authority or 
                        a requirement to impose sanctions under this 
                        section shall not include the authority or a 
                        requirement to impose sanctions on the 
                        importation of goods.</DELETED>
                        <DELETED>    (ii) Good defined.--In this 
                        subparagraph, the term ``good'' means any 
                        article, natural or manmade substance, 
                        material, supply, or manufactured product, 
                        including inspection and test equipment, and 
                        excluding technical data.</DELETED>
                <DELETED>    (B) Exception to comply with united 
                nations headquarters agreement and law enforcement 
                objectives.--Sanctions under paragraph (2)(B) shall not 
                apply to an alien if admitting the alien into the 
                United States--</DELETED>
                        <DELETED>    (i) is necessary to permit the 
                        United States to comply with the Agreement 
                        regarding the Headquarters of the United 
                        Nations, signed at Lake Success on June 26, 
                        1947, and entered into force November 21, 1947, 
                        between the United Nations and the United 
                        States, or other applicable international 
                        obligations of the United States; or</DELETED>
                        <DELETED>    (ii) would further important law 
                        enforcement objectives.</DELETED>
        <DELETED>    (4) Implementation; penalties.--</DELETED>
                <DELETED>    (A) Implementation.--The President may 
                exercise all authorities provided under sections 203 
                and 205 of the International Emergency Economic Powers 
                Act (50 U.S.C. 1702 and 1704) to carry out this 
                subsection.</DELETED>
                <DELETED>    (B) Penalties relating to property 
                blocking.--A person that violates, attempts to violate, 
                conspires to violate, or causes a violation of 
                subparagraph (A) of paragraph (2) or any regulation, 
                license, or order issued to carry out either such 
                subparagraph shall be subject to the penalties set 
                forth in subsections (b) and (c) of section 206 of the 
                International Emergency Economic Powers Act (50 U.S.C. 
                1705) to the same extent as a person that commits an 
                unlawful act described in subsection (a) of that 
                section.</DELETED>
        <DELETED>    (5) Definitions.--In this subsection:</DELETED>
                <DELETED>    (A) Admission; admitted; alien.--The terms 
                ``admission'', ``admitted'', and ``alien'' have the 
                meanings given those terms in section 101 of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101).</DELETED>
                <DELETED>    (B) Foreign person.--The term ``foreign 
                person'' means a person that is not a United States 
                person.</DELETED>
                <DELETED>    (C) Knowingly.--The term ``knowingly'', 
                with respect to conduct, a circumstance, or a result, 
                means that a person has actual knowledge, or should 
                have known, of the conduct, the circumstance, or the 
                result.</DELETED>
                <DELETED>    (D) United states person.--The term 
                ``United States person'' means--</DELETED>
                        <DELETED>    (i) a United States citizen, an 
                        alien lawfully admitted for permanent residence 
                        to the United States, or any other individual 
                        subject to the jurisdiction of the United 
                        States; or</DELETED>
                        <DELETED>    (ii) an entity organized under the 
                        laws of the United States or of any 
                        jurisdiction within the United States, 
                        including a foreign branch of such 
                        entity.</DELETED>
<DELETED>    (b) Limitations on Export of Defense and Dual-Use Items to 
Ethiopia and Eritrea.--</DELETED>
        <DELETED>    (1) Dual-use items.--A license shall be required 
        under section 1754(c)(1)(A) of the Export Control Reform Act of 
        2018 (50 U.S.C. 4813(c)(1)(A)) for the export, reexport, or in-
        country transfer to Ethiopia or Eritrea of items described in 
        clause (ii) of that section.</DELETED>
        <DELETED>    (2) Defense items.--No license may be issued for 
        the export to Ethiopia or Eritrea of any item on the United 
        States Munitions List under section 38(a)(1) of the Arms Export 
        Control Act (22 U.S.C. 2778(a)(1)) on January 1, 
        2016.</DELETED>
<DELETED>    (c) Prohibition and Suspension of Certain Assistance to 
Ethiopia.--</DELETED>
        <DELETED>    (1) Support by united states international 
        development finance corporation.--The United States 
        International Development Finance Corporation may not provide 
        support under title II of the Better Utilization of Investments 
        Leading to Development Act of 2018 (22 U.S.C. 9621 et seq.) for 
        projects in Ethiopia.</DELETED>
        <DELETED>    (2) Termination.--The prohibition under paragraph 
        (1) shall not apply on or after the date that is 30 days after 
        the Secretary of State determines and certifies to the 
        appropriate congressional committees that the Government of 
        Ethiopia and its proxies and allies have--</DELETED>
                <DELETED>    (A) ceased all offensive military 
                operations in northern Ethiopia;</DELETED>
                <DELETED>    (B) taken steps toward a genuine political 
                dialogue to achieve an end to the conflict;</DELETED>
                <DELETED>    (C) implemented measures to better protect 
                human rights and ensure adherence to international 
                humanitarian law and international human rights 
                law;</DELETED>
                <DELETED>    (D) continuously allowed unfettered 
                humanitarian access; and</DELETED>
                <DELETED>    (E) cooperated with independent 
                investigations of credible allegations of war crimes, 
                crimes against humanity, and other human rights abuses 
                carried out in the course of hostilities.</DELETED>
<DELETED>    (d) Multilateral Sanctions.--The Secretary, in 
consultation with the Secretary of the Treasury and the Secretary of 
Commerce, as appropriate, should engage with members of the United 
Nations Security Council, the North Atlantic Treaty Organization, the 
European Union, the African Union, and any other relevant actors to 
achieve a coordinated imposition of multilateral sanctions and export 
controls on persons described in subsection (a)(1).</DELETED>

<DELETED>SEC. 8. SECURITY ASSISTANCE.</DELETED>

<DELETED>    (a) Suspension of Assistance.--All security assistance 
being provided to the Government of Ethiopia by the United States 
Government shall immediately be suspended until such time as the 
Secretary reports to the appropriate congressional committees that 
hostilities in northern Ethiopia and related conflicts have ended, and 
the parties to the conflict are engaged in good faith efforts to reach 
a comprehensive peace agreement.</DELETED>
<DELETED>    (b) Report.--Not later than 15 days after the date of the 
enactment of this Act, the Secretary shall provide to the appropriate 
congressional committees a comprehensive list of all assistance halted 
in compliance with subsection (a) as of the date of the enactment of 
this Act.</DELETED>

<DELETED>SEC. 9. ASSISTANCE TO THE GOVERNMENT OF THE FEDERAL DEMOCRATIC 
              REPUBLIC OF ETHIOPIA PROVIDED THROUGH INTERNATIONAL 
              FINANCIAL INSTITUTIONS.</DELETED>

<DELETED>    (a) Restrictions.--The Secretary of the Treasury shall 
instruct the United States Executive Directors of the international 
financial institutions--</DELETED>
        <DELETED>    (1) to use the voice and vote of the United States 
        in those institutions to oppose any loan or extension of 
        financial or technical assistance to the Governments of 
        Ethiopia and Eritrea; and</DELETED>
        <DELETED>    (2) to work with other key donor countries to 
        develop a coordinated policy with respect to lending to the 
        Governments of Ethiopia and Eritrea aimed at advancing human 
        rights and promoting peace.</DELETED>
<DELETED>    (b) Exception for Humanitarian Purposes.--The restrictions 
under paragraphs (1) and (2) of subsection (a) shall not apply with 
respect to loans or financial or technical assistance provided for 
humanitarian purposes, including efforts to prevent, detect, and 
respond to the COVID-19 pandemic, or any other infectious disease 
threat that is declared by the World Health Organization to be a Public 
Health Emergency of International Concern.</DELETED>
<DELETED>    (c) Waiver for Projects That Directly Support Basic Human 
Needs.--The Secretary of the Treasury may waive the application of the 
restriction under subsection (a)(1) only if the Secretary of the 
Treasury submits to the appropriate congressional committees a written 
determination, arrived at with the concurrence of the Secretary of 
State, that the waiver is being exercised to support projects that 
directly support basic, life-saving human needs.</DELETED>
<DELETED>    (d) Termination.--Subsection (a)(1) shall not apply on or 
after the date that is 30 days after the Secretary of State determines 
and certifies to the appropriate congressional committees that the 
Government of Ethiopia and its proxies and allies have--</DELETED>
        <DELETED>    (1) ceased all offensive military operations in 
        northern Ethiopia and conflict in surrounding areas of 
        Ethiopia;</DELETED>
        <DELETED>    (2) taken steps toward a genuine political 
        dialogue to achieve an end to the conflict;</DELETED>
        <DELETED>    (3) implemented measures to better protect human 
        rights and ensure adherence to international humanitarian law 
        and international human rights law;</DELETED>
        <DELETED>    (4) continuously allowed unfettered humanitarian 
        access; and</DELETED>
        <DELETED>    (5) cooperated with independent investigations of 
        credible allegations of war crimes, crimes against humanity and 
        other human rights abuses carried out in the course of 
        hostilities.</DELETED>
<DELETED>    (e) Briefing.--Not later than 60 days after the date of 
the enactment of this Act and every 120 days thereafter until the 
restrictions in subsection (a)(1) are terminated pursuant to subsection 
(d), the Secretary of the Treasury, in conjunction with the Secretary 
and the Administrator of the United States Agency for International 
Development, or their designees, shall brief the appropriate 
congressional committees on the efforts of the United States Executive 
Directors of the international financial institutions pursuant to 
subsection (a).</DELETED>

<DELETED>SEC. 10. SUPPORT FOR ACCOUNTABILITY.</DELETED>

<DELETED>    (a) In General.--The President is authorized to provide 
financial, technical, and diplomatic support for efforts to pursue 
accountability for war crimes and crimes against humanity, including 
any preliminary activities necessary to preserve evidence of crimes in 
Ethiopia, with the goal of promoting accountability for war crimes, 
crimes against humanity, or other violations of international human 
rights law and international humanitarian law that have taken place in 
the course of hostilities in northern Ethiopia or other areas of 
Ethiopia.</DELETED>
<DELETED>    (b) Provision of Information.--The President is authorized 
to share information possessed by the United States Government with 
organizations engaged in a credible investigation meant to lead to the 
prosecution of any individual credibly accused of war crimes, crimes 
against humanity, or other violations of international human rights law 
or international humanitarian law in accordance with this 
section.</DELETED>

<DELETED>SEC. 11. ARMS-RELATED, FINANCIAL, AND OTHER REPORTING 
              REQUIREMENTS.</DELETED>

<DELETED>    (a) Report on Certain Activities and Finances of Senior 
Officials of the Governments of Ethiopia and Eritrea and Armed 
Opposition Groups.--Not later than 180 days after the date of the 
enactment of this Act, and annually thereafter until the date that is 2 
years after the end of hostilities in the Tigray region, the Secretary 
shall submit to the appropriate congressional committees a report 
that--</DELETED>
        <DELETED>    (1) describes the actions and involvement of any 
        senior officials of the Governments of Ethiopia and Eritrea and 
        any senior leaders in the party to the conflict in northern 
        Ethiopia and related conflicts--</DELETED>
                <DELETED>    (A) facilitating or financing the sale or 
                transfers of arms or weapons to any party to the 
                hostilities in Ethiopia, including the Government of 
                Ethiopia, the Government of Eritrea, opposition groups, 
                militias, or other armed groups active in the conflict 
                in Ethiopia;</DELETED>
                <DELETED>    (B) directing, carrying out, or ordering 
                violations of human rights including the systemic use 
                of rape and sexual and gender based violence;</DELETED>
                <DELETED>    (C) directing, carrying out, or ordering 
                the use or recruitment of children by armed groups or 
                armed forces; and</DELETED>
                <DELETED>    (D) directing, carrying out, or ordering 
                significant acts of corruption;</DELETED>
        <DELETED>    (2) identifies Ethiopian, Eritrean, and other 
        foreign financial institutions in which senior officials of the 
        Governments of Ethiopia and Eritrea whose actions are described 
        in paragraph (1), and senior leaders of parties to the conflict 
        in northern Ethiopia and related conflicts in the Federal 
        Democratic Republic of Ethiopia whose actions are described in 
        paragraph (1), hold significant assets, and provides an 
        assessment of the value of such assets; and</DELETED>
        <DELETED>    (3) identifies Ethiopian, Eritrean, and foreign 
        financial institutions that knowingly facilitate or finance the 
        sale or transfer of weapons, arms, or non-lethal equipment 
        intended or altered by a third party for military use to any 
        party to the hostilities in Ethiopia.</DELETED>
<DELETED>    (b) Form.--The report required under subsection (a) shall 
be submitted in unclassified form, but may contain a classified 
annex.</DELETED>
<DELETED>    (c) Report on Progress on Accountability in Ethiopia.--Not 
later than 180 days after the date of the enactment of this Act, and 
every 180 days thereafter, the Secretary of State shall submit to 
Congress a report on progress towards holding individuals in Ethiopia 
and Eritrea accountable for human rights violations, war crimes, and 
crimes against humanity.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ethiopia Peace and Stabilization Act 
of 2022''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Relations of the Senate and the Committee on Foreign 
        Affairs of the House of Representatives.
            (2) Civil conflict.--The term ``civil conflict'' means the 
        civil conflict that began in Ethiopia's Tigray region in 
        November 2020, and has since spread to other parts of the 
        country.
            (3) Parties to the conflict.--The term ``parties to the 
        conflict'' means the state authorities and armed parties 
        directly participating in the civil conflict in Ethiopia, 
        including the Governments of Ethiopia and Eritrea, Tigray 
        People's Liberation Front (TPLF), Ethiopian National Defense 
        Forces (ENDF), Tigray Defense Forces (TDF), Eritrean Defence 
        Forces (EDF), Ethiopian regional forces, organized ethnic 
        militia, and any other entity which the President determines to 
        be among the parties to the conflict for purposes of this Act.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of State.
            (5) Senior official.--The term ``senior official'' means--
                    (A) the head of state or head of party;
                    (B) the head of government;
                    (C) a member of the cabinet or official exercising 
                minister-level authority;
                    (D) any other high ranking official in the defense, 
                security, or foreign affairs apparatus of the 
                government; or
                    (E) any other office which the President determines 
                to be a senior official for purposes of this Act.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) Ethiopia's civil conflict directly threatens the unity 
        of and undermines democracy in Ethiopia and threatens stability 
        in the Horn of Africa;
            (2) northern Ethiopia has suffered from a prolonged 
        blockade that has prevented the flow of humanitarian 
        assistance, medical supplies, and fuel and created an 
        unprecedented humanitarian crisis;
            (3) all parties to the civil conflict should immediately 
        end hostilities and allow unfettered access to deliver 
        humanitarian aid, negotiate a ceasefire, and begin negotiations 
        towards a sustainable peace agreement;
            (4) the Government of Eritrea must immediately and 
        completely withdraw its military forces from Ethiopia;
            (5) external actors must cease the sale and provision of 
        all arms and materiel to all parties to the conflict;
            (6) the United States and the international community 
        should prioritize delivering humanitarian aid to all areas in 
        need of assistance, with an urgent focus on the provision of 
        emergency food aid to communities that are currently facing 
        famine conditions or food insecurity;
            (7) the United States should provide assistance for a 
        peaceful negotiated settlement to the civil conflict, including 
        assistance for stabilization, mitigation, reconciliation, and 
        democracy strengthening;
            (8) the United States should impose restrictions on 
        security and other related assistance;
            (9) all allegations of human rights abuses, war crimes, and 
        crimes against humanity must be thoroughly investigated by a 
        neutral credible body, and perpetrators must be held 
        accountable; and
            (10) the United States and international community should 
        seek to hold accountable governments, organizations, and 
        individuals, including those in the diaspora who have--
                    (A) incited the civil conflict and related violence 
                in Ethiopia; and
                    (B) spread disinformation as part or on behalf of a 
                foreign government, political party, ethnic group, or 
                organization to further the civil conflict or incite 
                anti-American sentiment in Ethiopia.

SEC. 4. STATEMENT OF POLICY.

    It is the policy of the United States to support a peaceful, 
democratic, and unified Ethiopia by--
            (1) using all diplomatic, development, and legal tools to 
        support a sustainable peace agreement;
            (2) supporting a credible, inclusive political process to 
        unify the country that is convened by a mutually agreed upon 
        party, individual, or group and that--
                    (A) acknowledges the political nature of conflict;
                    (B) seeks a political solution to support the 
                resolution of grievances; and
                    (C) charts a democratic and peaceful path forward 
                for the country;
            (3) advancing the human, civil, and political rights of all 
        Ethiopians regardless of ethnicity, religion, gender, or 
        geographic area of origin; and
            (4) countering malign foreign influence and disinformation 
        exacerbating the civil conflict and intercommunal violence.

SEC. 5. SUPPORT FOR DEMOCRACY AND HUMAN RIGHTS IN ETHIOPIA.

    (a) Sense of Congress.--It is the sense of Congress that the United 
States must--
            (1) use all diplomatic levers at its disposal to secure the 
        release of all political prisoners, including opposition 
        leaders, supporters, journalists, and activists detained on the 
        basis of their political activity or views, their ethnicity, or 
        their reporting;
            (2) ensure the Government of Ethiopia respects the rights 
        of all Ethiopians to free expression and political 
        participation, without discrimination based on ethnicity, 
        ideology, or political affiliation; and
            (3) support a credible mechanism that addresses grievances 
        and charts a democratic and peaceful path forward for the 
        country, and which includes representatives of all political 
        parties, including those who have been detained as political 
        prisoners, civil society organizations, and representatives of 
        ethnic communities.
    (b) Strategy.--
            (1) In general.--The Secretary, in consultation with the 
        Administrator of the United States Agency for International 
        Development, shall develop and implement a strategy for 
        supporting democracy and the rule of law and adherence to 
        international humanitarian law and relevant international human 
        rights treaties in Ethiopia that includes a description and 
        justification of--
                    (A) plans to support civil society efforts related 
                to expanding citizen participation and political space;
                    (B) plans to support a credible, comprehensive 
                political process to unify Ethiopia, which includes 
                broad representation from civil society, political 
                parties, ethnic communities, and religious groups;
                    (C) plans to support respect for the rule of law, 
                including justice and accountability mechanisms for 
                abuses and atrocities committed in the course of the 
                civil conflict;
                    (D) plans to combat hate speech and disinformation 
                in Ethiopia;
                    (E) current and planned democracy and governance 
                support to Ethiopia's government institutions, 
                including independent institutions like the National 
                Electoral Board of Ethiopia (NEBE);
                    (F) plans for evaluating current and planned 
                democracy and governance support and application of 
                lessons learned; and
                    (G) mechanisms for holding accountable individuals 
                who impede democratic processes, perpetrate gross 
                violations of human rights, or are credibly implicated 
                in public corruption.
            (2) Report to congress.--Not less than 90 days after the 
        date of the enactment of this Act, the Secretary shall submit 
        the strategy required under paragraph (1) to the appropriate 
        congressional committees.
    (c) Quarterly Reports.--
            (1) In general.--Not later than 30 days after the date of 
        the enactment of this Act, and every 90 days thereafter, the 
        Secretary of State, after consultation with the heads of other 
        Federal departments and agencies represented on the Atrocity 
        Early Warning Task Force and with representatives of human 
        rights organizations, shall submit to the appropriate 
        congressional committees a report that includes a determination 
        with respect to whether actions in Ethiopia by parties to the 
        conflict constitute--
                    (A) genocide;
                    (B) crimes against humanity; or
                    (C) war crimes.
            (2) Form.--Each report required by paragraph (1) shall--
                    (A) clearly identify individuals or groups about 
                which the determination in such paragraph is made; and
                    (B) be submitted in unclassified form, but may 
                include a classified annex that is provided separately.
            (3) Public availability.--The Secretary shall make each 
        report submitted under paragraph (1) available to the public on 
        an internet website of the Department of State.

SEC. 6. SUPPORT FOR CONFLICT RESOLUTION, MITIGATION AND MANAGEMENT, AND 
              RECONCILIATION.

    (a) Conflict Resolution.--The President is authorized to provide 
financial, technical, and diplomatic support for--
            (1) efforts by the African Union or other credible entities 
        engaged in efforts to help bring about a peaceful resolution to 
        conflict across Ethiopia; and
            (2) efforts by civil society, especially those from 
        marginalized communities in all regions of Ethiopia, women, 
        youth, and persons with disabilities, to participate and engage 
        in peacebuilding, mediation, and community reconciliation.
    (b) Conflict Mitigation and Reconciliation.--The Secretary shall 
ensure the development and implementation of a coordinated strategy, 
developed by the Administrator of the United States Agency for 
International Development in coordination with relevant bureaus of the 
Department of State, to support conflict mitigation and management, 
reconciliation, and trauma healing for conflict affected groups in 
Ethiopia that includes--
            (1) an analysis of the drivers of conflict in Ethiopia;
            (2) a comprehensive plan to support efforts to mitigate and 
        manage conflict with an emphasis on community-led grassroots 
        reconciliation;
            (3) plans to support grass roots local mechanisms for 
        dispute resolution and sustainable mechanisms to address 
        grievances at the community level;
            (4) specific steps the Department of State and the United 
        States Agency for International Development will take to ensure 
        the participation of traditionally marginalized communities and 
        ethnic groups, women, and youth;
            (5) plans to ensure that all assistance programs that aim 
        to benefit the Ethiopian people or build the capacity of civil 
        society incorporate, to the extent practicable, community-based 
        conflict mitigation and management, violence prevention, 
        peacebuilding interventions, reconciliation activities, 
        psychosocial support, and trauma healing;
            (6) plans to ensure that all assistance programs that are 
        directly aimed at benefitting the Ethiopian people are 
        implemented based on need and do not discriminate on the basis 
        of ethnic, regional, or political affiliations;
            (7) a clear statement of--
                    (A) the goals and expected outcomes of the 
                strategy; and
                    (B) the means through which progress towards the 
                strategy's goals will be measured, including through 
                regular evaluations; and
            (8) plans for updating and revising the current Country 
        Development Cooperation Strategy to include elements of the 
        strategy required under this subsection.
    (c) Submission.--The Secretary shall submit the strategy required 
under subsection (b) to the appropriate congressional committees not 
later than 90 days after the date of the enactment of this Act.

SEC. 7. ACTIONS IN SUPPORT OF PEACE AND STABILITY IN ETHIOPIA.

    (a) Sanctions for Actions Undermining Transition to Democracy.--
            (1) In general.--Beginning 180 days after the date of the 
        enactment of this Act, the President shall impose the sanctions 
        described in paragraph (2) concerning any foreign person that 
        the President determines--
                    (A) has knowingly engaged in significant acts which 
                have materially undermined or which are intended to 
                undermine officially authorized efforts to negotiate a 
                settlement to end the civil conflict;
                    (B) has directly and materially contributed to an 
                escalation of the civil conflict;
                    (C) deliberately impedes the delivery of 
                humanitarian assistance to any area of the country; or
                    (D) through business dealings with senior 
                leadership of the Government of Ethiopia or the Tigray 
                People's Liberation Front or other parties to the 
                conflict, has knowingly derived significant financial 
                or political benefit from the conflict or efforts made 
                to impede a transition to democracy in Ethiopia through 
                actions including directing or knowingly engaging in or 
                facilitating--
                            (i) electoral fraud;
                            (ii) serious human rights abuses; or
                            (iii) acts of public corruption.
            (2) Sanctions described.--The sanctions that the President 
        shall impose under paragraph (1) concerning a foreign person 
        are the following:
                    (A) Property blocking.--The exercise of all powers 
                granted to the President by the International Emergency 
                Economic Powers Act (50 U.S.C. 1701 et seq.) to the 
                extent necessary to block and prohibit all transactions 
                in all property and interests in property of the 
                foreign person if such property and interests in 
                property are in the United States, come within the 
                United States, or come within the possession or control 
                of a United States person.
                    (B) Aliens inadmissible for visas, admission, or 
                parole.--
                            (i) Visas, admission, or parole.--An alien 
                        described in paragraph (1) is--
                                    (I) inadmissible to the United 
                                States;
                                    (II) ineligible to receive a visa 
                                or other documentation to enter the 
                                United States; and
                                    (III) otherwise ineligible to be 
                                admitted or paroled into the United 
                                States or to receive any other benefit 
                                under the Immigration and Nationality 
                                Act (8 U.S.C. 1101 et seq.).
                            (ii) Current visas revoked.--
                                    (I) In general.--The United States 
                                shall revoke the visa or other entry 
                                documentation of an alien described in 
                                paragraph (1), regardless of when such 
                                visa or other entry documentation is or 
                                was issued.
                                    (II) Immediate effect.--A 
                                revocation under subclause (I) shall--
                                            (aa) take effect 
                                        immediately; and
                                            (bb) automatically cancel 
                                        any other valid visa or entry 
                                        documentation that is in the 
                                        alien's possession.
            (3) Exceptions.--
                    (A) Exception for intelligence activities.--
                Sanctions under this section shall not apply to any 
                activity subject to the reporting requirements under 
                title V of the National Security Act of 1947 (50 U.S.C. 
                3091 et seq.) or any authorized intelligence activities 
                of the United States.
                    (B) Exception to comply with international 
                obligations and for law enforcement activities.--
                Sanctions under paragraph (2)(B) shall not apply with 
                respect to an alien if admitting or paroling the alien 
                into the United States is necessary--
                            (i) to permit the United States to comply 
                        with the Agreement regarding the Headquarters 
                        of the United Nations, signed at Lake Success 
                        June 26, 1947, and entered into force November 
                        21, 1947, between the United Nations and the 
                        United States, or other applicable 
                        international obligations; or
                            (ii) to carry out or assist law enforcement 
                        activity in the United States.
                    (C) Exception relating to importation of goods.--
                            (i) In general.--The authorities and 
                        requirements to impose sanctions authorized 
                        under this subtitle shall not include the 
                        authority or a requirement to impose sanctions 
                        on the importation of goods.
                            (ii) Good defined.--In this paragraph, the 
                        term ``good'' means any article, natural or 
                        manmade substance, material, supply or 
                        manufactured product, including inspection and 
                        test equipment, and excluding technical data.
            (4) Implementation; penalties.--
                    (A) Implementation.--The President may exercise all 
                authorities provided under sections 203 and 205 of the 
                International Emergency Economic Powers Act (50 U.S.C. 
                1702 and 1704) to carry out this subsection.
                    (B) Penalties relating to property blocking.--A 
                person that violates, attempts to violate, conspires to 
                violate, or causes a violation of subparagraph (A) of 
                paragraph (2) or any regulation, license, or order 
                issued to carry out either such subparagraph shall be 
                subject to the penalties set forth in subsections (b) 
                and (c) of section 206 of the International Emergency 
                Economic Powers Act (50 U.S.C. 1705) to the same extent 
                as a person that commits an unlawful act described in 
                subsection (a) of that section.
            (5) Definitions.--In this subsection:
                    (A) Admission; admitted; alien.--The terms 
                ``admission'', ``admitted'', and ``alien'' have the 
                meanings given those terms in section 101 of the 
                Immigration and Nationality Act (8 U.S.C. 1101).
                    (B) Appropriate committees of congress.--The term 
                ``appropriate committees of Congress'' means the 
                Committee on Foreign Relations of the Senate, the 
                Committee on Banking, Housing, and Urban Affairs of the 
                Senate, the Committee on Foreign Affairs of the House 
                of Representatives, and the Committee on Financial 
                Services of the House of Representatives.
                    (C) Foreign person.--The term ``foreign person'' 
                means a person that is not a United States person.
                    (D) Knowingly.--The term ``knowingly'', with 
                respect to conduct, a circumstance, or a result, means 
                that a person has actual knowledge, or should have 
                known, of the conduct, the circumstance, or the result.
                    (E) United states person.--The term ``United States 
                person'' means--
                            (i) a United States citizen, an alien 
                        lawfully admitted for permanent residence to 
                        the United States, or any other individual 
                        subject to the jurisdiction of the United 
                        States; or
                            (ii) an entity organized under the laws of 
                        the United States or of any jurisdiction within 
                        the United States, including a foreign branch 
                        of such entity.
            (6) Presidential waiver authority.--The President may 
        waive, on a case-by-case basis and for a period of not more 
        than 180 days, subject to renewal, a requirement under this 
        section to impose or maintain sanctions with respect to a 
        person, only if the President submits to the appropriate 
        committees of Congress--
                    (A) a written determination that the waiver or 
                renewal of a waiver is in the national security 
                interests of the United States; or
                    (B) a certification that the person that had 
                engaged in otherwise sanctionable behavior has ceased 
                engaging in such behavior and that there is not a risk 
                that the person could engage in such behavior in the 
                future.
    (b) Limitations on Export of Defense and Dual-use Items to Ethiopia 
and Eritrea.--
            (1) Dual-use items.--A license shall be required under 
        section 1754(c)(1)(A) of the Export Control Reform Act of 2018 
        (50 U.S.C. 4813(c)(1)(A)) for the export, re-export, or in-
        country transfer to Ethiopia or Eritrea of items described in 
        clause (ii) of that section.
            (2) Defense items.--No license may be issued for the export 
        to Ethiopia or Eritrea of any item on the United States 
        Munitions List under section 38(a)(1) of the Arms Export 
        Control Act (22 U.S.C. 2778(a)(1)) on January 1, 2016.
    (c) Prohibition and Suspension of Certain Assistance to Ethiopia.--
            (1) Support by united states international development 
        finance corporation.--The United States International 
        Development Finance Corporation may not provide support under 
        title II of the Better Utilization of Investments Leading to 
        Development Act of 2018 (22 U.S.C. 9621 et seq.) for projects 
        in Ethiopia.
            (2) Termination.--The prohibition under paragraph (1) shall 
        not apply on or after the date that the criteria outlined in 
        section 13 have been met.
            (3) Presidential waiver authority.--The President may 
        waive, on a case-by-case basis, the prohibition under paragraph 
        (1) if the President submits to the appropriate committees of 
        Congress a written determination that the waiver is in the 
        national security interests of the United States.
    (d) Multilateral Sanctions.--The Secretary, in consultation with 
the Secretary of the Treasury and the Secretary of Commerce, as 
appropriate, should engage with members of the United Nations Security 
Council, the North Atlantic Treaty Organization, the European Union, 
the African Union, and any other relevant actors to achieve a 
coordinated imposition of multilateral sanctions and export controls on 
persons described in subsection (a)(1).

SEC. 8. SECURITY ASSISTANCE.

    (a) Suspension of Assistance.--The United States shall immediately 
suspend all security assistance being provided to the Government of 
Ethiopia.
    (b) Presidential Waiver Authority.--The President may waive the 
suspension in subsection (a) if the President submits to the 
appropriate committees of Congress a written determination that--
            (1) the waiver or renewal of a waiver is in the national 
        security interests of the United States; and
            (2) the Government of Ethiopia and its proxies are taking 
        steps toward a genuine negotiated settlement with the major 
        parties to the conflict.
    (c) Termination.--The suspension under subsection (a) shall not 
apply on or after the date that the criteria outlined in section 13 are 
met.
    (d) Report.--Not later than 30 days after the date of the enactment 
of this Act, the Secretary shall provide to the appropriate 
congressional committees a comprehensive list of all assistance halted 
in compliance with subsection (a) as of the date of the enactment of 
this Act.

SEC. 9. ASSISTANCE TO THE GOVERNMENT OF ETHIOPIA PROVIDED THROUGH 
              INTERNATIONAL FINANCIAL INSTITUTIONS.

    (a) Restrictions.--The Secretary of the Treasury shall instruct the 
United States Executive Directors of the international financial 
institutions--
            (1) to use the voice and vote of the United States in those 
        institutions to oppose any loan or extension of financial or 
        technical assistance to the Governments of Ethiopia and 
        Eritrea; and
            (2) to work with other key donor countries to develop a 
        coordinated policy for lending to the Governments of Ethiopia 
        and Eritrea aimed at promoting peace and adherence to 
        international humanitarian law and relevant international human 
        rights treaties.
    (b) Exception for Humanitarian Purposes.--The restrictions under 
paragraphs (1) and (2) of subsection (a) shall not apply to loans or 
financial or technical assistance provided for humanitarian purposes.
    (c) Waiver for Projects That Directly Support Basic Human Needs.--
The Secretary of the Treasury may waive the application of the 
restriction under subsection (a)(1) only if the Secretary of the 
Treasury submits to the appropriate congressional committees a written 
determination, arrived at with the concurrence of the Secretary of 
State, that the waiver supports projects that directly provides basic 
human needs.
    (d) Presidential Waiver Authority.--The President may waive the 
application of the restriction under subsection (a)(1), on a case-by-
case basis, if the President submits to the appropriate congressional 
committees a written determination that the waiver is in the national 
security interests of the United States.
    (e) Termination.--Subsection (a)(1) shall not apply after the 
criteria outlined in section 13 are met.
    (f) Briefing.--Not later than 60 days after the date of the 
enactment of this Act and every 120 days upon request until the 
restrictions in subsection (a)(1) are terminated pursuant to subsection 
(d), the Secretary of the Treasury, in conjunction with the Secretary 
of State and the Administrator of the United States Agency for 
International Development, or their designees, shall brief the 
appropriate congressional committees on the efforts of the United 
States Executive Directors of the international financial institutions 
pursuant to subsection (a).

SEC. 10. SUPPORT FOR ACCOUNTABILITY.

    (a) In General.--The President is authorized to provide technical 
and diplomatic support, including support for activities related to 
evidence preservation and information sharing, to credible 
accountability mechanisms with jurisdiction, to promote accountability 
for war crimes, crimes against humanity, or other violations of 
international human rights law and international humanitarian law that 
took place in the 6 months preceding the outbreak of the civil 
conflict, and have taken place in the course of the civil conflict.
    (b) Report on Progress on Accountability in Ethiopia.--Not later 
than 180 days after the date of the enactment of this Act, and every 
180 days thereafter, the Secretary of State shall submit to Congress a 
report on progress towards holding individuals in Ethiopia and Eritrea 
accountable for atrocities, including war crimes and crimes against 
humanity.

SEC. 11. CERTAIN ACTIVITIES AND FINANCES RELATED TO THE CONFLICT.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, and every 90 days after that until the end of 
the civil conflict, the Secretary, in consultation with the Director of 
National Intelligence and the Secretary of the Treasury, shall provide 
to the appropriate committees of Congress a report that includes--
            (1) a description of the actions and involvement of any 
        senior officials of any party to the civil conflict--
                    (A) facilitating or financing the sale or transfers 
                of arms or weapons to any party to the civil conflict;
                    (B) directing, carrying out, or ordering actions 
                that lead to violations of international humanitarian 
                law, including those involving the systemic use of 
                rape;
                    (C) directing, carrying out, or ordering the use or 
                recruitment of children by armed groups or armed 
                forces;
                    (D) directing, carrying out, or engaging in 
                significant acts of corruption;
                    (E) directing, carrying out, or ordering the denial 
                of humanitarian access, including by preventing 
                humanitarian assistance or aid workers from reaching 
                civilian populations;
                    (F) directing, carrying out, or ordering the 
                killing of aid workers in Ethiopia; and
                    (G) directing, carrying out, or ordering the 
                looting or destruction of civilian infrastructure in 
                violation of international humanitarian law, including 
                health facilities and schools;
            (2) a description of Ethiopian and other foreign financial 
        institutions that identifies--
                    (A) senior officials of the parties to the conflict 
                whose actions, as identified in paragraph (1) who hold 
                significant assets within a financial institution 
                subject to the jurisdiction of the United States, and 
                an estimated assessment of the value of such assets; 
                and
                    (B) Ethiopian and foreign financial institutions 
                that knowingly facilitate or finance the sale or 
                transfer of weapons, arms, or non-lethal equipment 
                intended or altered by a third party for military use 
                to any party to the civil conflict;
            (3) a description of the full extent of involvement in the 
        civil conflict by foreign governments, including the 
        Governments of China, Egypt, Eritrea, Iran, Qatar, Russia, 
        Saudi Arabia, Sudan, Turkey, and the United Arab Emirates, and 
        others as appropriate, which shall include--
                    (A) a description of which governments have engaged 
                in or supported the conduct of drone and aircraft 
                strikes;
                    (B) a list of the types and estimated amounts of 
                arms and materiel transferred by each government 
                identified under this paragraph, including drone 
                aircraft, to the parties to the conflict or foreign 
                military contractors operating in Ethiopia;
                    (C) an estimate of significant financial support 
                provided by each government identified under this 
                paragraph to the parties to the conflict or foreign 
                military contractors; and
                    (D) a description of United States diplomatic 
                engagement with the European Union and NATO regarding 
                the support provided by the foreign governments, 
                identified under this paragraph, to the parties to the 
                conflict and foreign military contractors; and
            (4) a description of the full extent of involvement by 
        Ethiopian diaspora and other non-Ethiopian nationals in 
        military activities in the civil conflict, including--
                    (A) a description of the Ethiopian diaspora and 
                other non-Ethiopian nationals directly participating in 
                the civil conflict either through on the ground 
                fighting or support operations, providing financial or 
                logistical support from abroad, or engaging in 
                activities inciting the parties to the conflict; and
                    (B) an estimate of significant financial support 
                provided by Ethiopian diaspora and other non-Ethiopian 
                nationals to the parties to the conflict.
    (b) Form.--The Secretary shall submit the report required under 
subsection (a) in a classified form.
    (c) Briefing.--Not later than 30 days after the date of the 
enactment of this Act, and not less than 120 days thereafter upon 
request until the Secretary determines the requirements are met 
pursuant to section 13, the Secretary, or the Secretary's designee, 
shall brief the appropriate committees of Congress on the information 
described under subsection (a).
    (d) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committee on Foreign Relations and the Select 
        Committee on Intelligence of the Senate; and
            (2) the Committee on Foreign Affairs and the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives.

SEC. 12. REPORT ON THE USE OF DISINFORMATION RELATED TO THE CONFLICT.

    (a) Report on the Use of Online Disinformation in the Civil 
Conflict.--Not later than 90 days after the date of the enactment of 
this Act, and every 180 days thereafter, the Secretary of State shall 
submit to the appropriate congressional committees a report that--
            (1) describes the use of online disinformation by parties 
        to the conflict to perpetuate the conflict;
            (2) describes how funding from state and non-state actors 
        supports use by parties to the conflict of disinformation, in 
        order to further the civil conflict; and
            (3) details any efforts to disrupt the spread of online 
        disinformation related to the civil conflict, including efforts 
        by online and social media providers.
    (b) Form.--The report required under subsection (a) shall be 
submitted in unclassified form and made publicly available, but may 
contain a classified annex.

SEC. 13. TERMINATION OF REQUIREMENTS.

    Reporting requirements under sections 5(c), 10, and 11, the 
authorities under section 7, the suspension of security assistance 
under section 8(a), and the restriction under section 9(a)(1) shall not 
apply on or after the date that is 30 days after the Secretary 
determines and certifies to the appropriate congressional committees 
that the Government of Ethiopia and its proxies have--
            (1) ceased all offensive military operations in the civil 
        conflict;
            (2) taken steps toward a genuine negotiated settlement with 
        the major parties to the conflict;
            (3) implemented measures to ensure adherence to 
        international humanitarian law and international human rights 
        law;
            (4) allowed unfettered access for humanitarian relief on a 
        reliable and established basis; and
            (5) cooperated with independent investigations of credible 
        allegations of war crimes, crimes against humanity, and other 
        atrocities carried out in the civil conflict.
                                                       Calendar No. 336

117th CONGRESS

  2d Session

                                S. 3199

_______________________________________________________________________

                                 A BILL

  To promote peace and democracy in Ethiopia, and for other purposes.

_______________________________________________________________________

                             April 6, 2022

                       Reported with an amendment
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