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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6600 Introduced in House (IH)]

<DOC>

117th CONGRESS
  2d Session
                                H. R. 6600

  To support stabilization, peace, and democracy efforts in Ethiopia.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 4, 2022

Mr. Malinowski (for himself, Mrs. Kim of California, Mr. Meeks, and Mr. 
   McCaul) introduced the following bill; which was referred to the 
Committee on Foreign Affairs, and in addition to the Committees on the 
 Judiciary, Financial Services, and Armed Services, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL

 
  To support stabilization, peace, and democracy efforts in Ethiopia.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ethiopia Stabilization, Peace, and 
Democracy Act''.

SEC. 2. STATEMENT OF POLICY.

    It is the policy of the United States--
            (1) to support efforts to end the civil war and other 
        conflicts in Ethiopia and gross violations of internationally 
        recognized human rights, war crimes, crimes against humanity, 
        genocide, and other atrocities in Ethiopia;
            (2) to use all diplomatic, development, and legal tools to 
        stabilize and end violence in Ethiopia;
            (3) to support efforts to hold accountable those who 
        committed gross violations of internationally recognized human 
        rights, war crimes, crimes against humanity, genocide, and 
        other atrocities in Ethiopia; and
            (4) to promote an inclusive national dialogue in order to 
        bring about a peaceful, democratic, and unified Ethiopia.

SEC. 3. STRATEGY TO SUPPORT STABILIZATION EFFORTS, HUMAN RIGHTS, AND 
              DEMOCRACY.

    (a) In General.--The Secretary of State, in coordination with the 
Administrator of the United States Agency for International 
Development, the Secretary of the Treasury, and the heads of other 
relevant Federal departments and agencies, shall develop a strategy to 
support efforts to end the civil war and other conflicts in Ethiopia, 
pursue accountability for gross violations of internationally 
recognized human rights, war crimes, crimes against humanity, genocide, 
and other atrocities in Ethiopia, and promote democracy, human rights, 
and reconciliation in Ethiopia.
    (b) Elements.--The strategy required by subsection (a) shall 
include a plan to implement the strategy, including to--
            (1) advance diplomatic engagement with the United Nations, 
        the African Union, the European Union, and other regional 
        bodies, countries, and international partners;
            (2) address acute humanitarian needs, ensure unfettered 
        humanitarian access to and support for vulnerable populations, 
        including refugees, internally displaced persons, vulnerable 
        populations, and individuals forcibly displaced by the civil 
        war and other conflicts in Ethiopia;
            (3) identify and deter external material support provided 
        to any parties to the conflict for the purposes of perpetuating 
        or affecting the civil war and other conflicts in Ethiopia;
            (4) support justice and accountability for gross violations 
        of internationally recognized human rights, crimes against 
        humanity, genocide, war crimes, and atrocities committed in 
        Ethiopia and to enhance rule of law;
            (5) ensure the safety and security of United States Embassy 
        staff and United States citizens and legal permanent residents 
        in Ethiopia, including contingency plans to evacuate, as 
        needed, these individuals from Ethiopia;
            (6) combat hate speech and disinformation in Ethiopia, 
        including efforts to coordinate with social media companies to 
        mitigate the effects of social media content generated outside 
        of the United States focused on perpetuating the civil war and 
        other conflicts in Ethiopia, including through hate speech and 
        language inciting violence;
            (7) meaningfully engage civil society of all ethnicities, 
        including women and youth, in conflict resolution, inclusive 
        dialogue, reconciliation, and community-based efforts to 
        support peacebuilding and an end to violence in Ethiopia;
            (8) support conflict resolution and psychosocial 
        rehabilitation for populations in Ethiopia affected by the 
        civil war and other conflicts in Ethiopia, including an 
        analysis of the drivers of the civil war and other conflicts in 
        Ethiopia;
            (9) as appropriate, support efforts to restore medical and 
        other health-related infrastructure that was damaged or 
        destroyed during the course of the civil war in Ethiopia;
            (10) develop, communicate, and assess clearly defined 
        benchmarks and metrics required to resume certain assistance in 
        Ethiopia, including related to democracy and governance, 
        economic growth, and development and an analysis of the drivers 
        of the civil war and other conflicts in Ethiopia; and
            (11) address threats, due to ethnicity, religion, political 
        or geographic affiliations, or affiliation with the United 
        States, against Ethiopian citizens working for United States 
        Government agencies in Ethiopia.
    (c) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State shall submit to the 
appropriate congressional committees a report that contains the 
strategy required by subsection (a).
    (d) Report on Progress Towards Accountability.--Not later than 180 
days after the date of the enactment of this Act, and every 180 days 
thereafter for 5 years, the Secretary of State shall submit to the 
appropriate congressional committees a report on progress towards 
holding individuals accountable for gross violations of internationally 
recognized human rights, war crimes, crimes against humanity, genocide, 
and other atrocities.

SEC. 4. ACTIONS IN SUPPORT OF PEACE, STABILITY, AND ACCOUNTABILITY.

    (a) Bilateral Sanctions.--
            (1) In general.--The President shall impose the sanctions 
        described in paragraph (2) with respect to any foreign person 
        that the President determines--
                    (A) has undermined, attempted to undermine, or 
                seeks to undermine efforts with respect to a cease-fire 
                and negotiated settlement to end the civil war or other 
                conflicts in Ethiopia;
                    (B) is responsible for or complicit in actions or 
                policies that expanded or extended the civil war or 
                other conflicts in Ethiopia;
                    (C) has committed gross violations of 
                internationally recognized human rights, war crimes, 
                crimes against humanity, genocide, or other atrocities 
                in Ethiopia;
                    (D) has obstructed, delayed, or diverted, or seeks 
                to obstruct, delay, or divert, the provision of 
                humanitarian assistance for those affected by the civil 
                war or other conflicts in Ethiopia;
                    (E) has planned, directed, or committed attacks in 
                Ethiopia against United Nations and African Union, 
                humanitarian, or nongovernmental organization 
                personnel; and
                    (F) has--
                            (i) knowingly engaged in or materially 
                        contributed to the civil war or other conflicts 
                        in Ethiopia;
                            (ii) provided to any party involved in the 
                        civil war or other conflicts in Ethiopia 
                        conventional weapons that fall within the scope 
                        of conventional weapons under the United 
                        National Register of Conventional Arms; or
                            (iii) provided to any party involved in the 
                        civil war or other conflicts in Ethiopia any 
                        technical training, financial resources or 
                        services, advice, other services or assistance 
                        related to the supply, sale, transfer, 
                        manufacture, maintenance, or use of arms, spare 
                        parts, and related materiel described in 
                        paragraph (1), utilized for the purposes of 
                        perpetuating and expanding the civil war or 
                        other conflicts in Ethiopia.
            (2) Sanctions described.--The sanctions to be imposed under 
        paragraph (1) with respect to a foreign person are the 
        following:
                    (A) Blocking of property.--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.
                    (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 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.
                                    (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 relating to importation of goods.--
                            (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.
                            (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.
                    (B) Exception to comply with agreements related to 
                the official activities of certain international 
                organizations and other international entities and law 
                enforcement objectives.--Sanctions under paragraph 
                (2)(B) shall not apply to an alien if admitting the 
                alien into the United States--
                            (i) is necessary to permit the United 
                        States to comply with agreements between the 
                        United Nations and the United States, between 
                        the United States and certain other 
                        international organizations or entities, or 
                        other applicable international obligations of 
                        the United States, as identified by the 
                        Secretary of State, the Secretary of the 
                        Treasury, or the heads of other appropriate 
                        Federal departments and agencies; or
                            (ii) would further important law 
                        enforcement objectives.
            (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 blocking of property.--A 
                person that violates, attempts to violate, conspires to 
                violate, or causes a violation of subsection or any 
                regulation, license, or order issued to carry out this 
                subsection 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.
                    (C) Termination.--Sanctions imposed on a person 
                under paragraph (2) shall not apply on or after the 
                date that is 30 days after the Secretary of State 
                determines and certifies to the appropriate committees 
                that the person no longer engages in activities 
                described in paragraph (1).
                    (D) Suspension of sanctions.--
                            (i) In general.--The President may suspend 
                        in whole or in part the imposition of sanctions 
                        otherwise required under this subsection for 
                        periods not to exceed 90 days if the President 
                        determines that the parties to the civil war 
                        and other conflicts in Ethiopia have agreed to 
                        and are upholding a cease-fire and undergoing 
                        an inclusive political dialogue in Ethiopia.
                            (ii) Notification required.--Not later than 
                        30 days after the date on which the President 
                        makes a determination to suspend the imposition 
                        of sanctions as described in clause (i), the 
                        President shall submit to the appropriate 
                        congressional committees a notification of the 
                        determination.
                            (iii) Reimposition of sanctions.--Any 
                        sanctions suspended under clause (i) shall be 
                        reimposed if the President determines that the 
                        criteria described in that clause are no longer 
                        being met.
                    (E) Waiver.--The President may waive the 
                application of sanctions described in paragraph (2) 
                with respect to a person described in paragraph (1) if 
                the President determines and certifies to the 
                appropriate congressional committees that such waiver 
                is in the national interest of the United States.
                    (F) Exception to comply with national security.--
                The following activities shall be exempt from sanctions 
                under this subsection:
                            (i) Activities subject to the reporting 
                        requirements under title V of the National 
                        Security Act of 1947 (50 U.S.C. 3091 et seq.).
                            (ii) Any authorized intelligence or law 
                        enforcement activities of the United States.
            (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) Foreign person.--The term ``foreign person'' 
                means a person that is not a United States person.
                    (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.
                    (D) 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.
    (b) Multilateral Sanctions.--The Secretary of State, in 
consultation with the Secretary of the Treasury and the Secretary of 
Commerce, as appropriate, should seek to engage with other member 
countries of the United Nations Security Council, other member 
countries of 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).
    (c) Limitations on Export of Defense and Dual-Use Items.--
            (1) Dual-use items.--The Secretary of Commerce, in 
        coordination with the Secretary of State, shall determine 
        whether licenses should 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.
            (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)).

SEC. 5. LIMITATION ON SECURITY ASSISTANCE.

    (a) In General.--Beginning on the date of the enactment of this 
Act, all amounts authorized to be appropriated or otherwise made 
available by the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et 
seq.) or chapter 16 of title 10, United States Code, and made available 
to provide assistance to Ethiopia's security forces shall be suspended 
from obligation and expenditure until the date that is 30 days after 
the Secretary of State determines and certifies to the appropriate 
congressional committees that the conditions described in subsection 
(b) are met.
    (b) Conditions Described.--The conditions described in this 
subsection are the following:
            (1) The Government of Ethiopia has ceased all offensive 
        military operations associated with the civil war and other 
        conflicts in Ethiopia.
            (2) The Government of Ethiopia has taken steps toward 
        negotiations and a legitimate, inclusive national dialogue.
            (3) The Government of Ethiopia has implemented measures to 
        better protect human rights and ensure adherence to 
        international humanitarian law.
            (4) The Government of Ethiopia has continuously allowed 
        unfettered humanitarian access.
            (5) The Government of Ethiopia has cooperated with 
        independent investigations of credible allegations of war 
        crimes, crimes against humanity, and other human rights abuse 
        carried out in the course of the civil war and other conflicts 
        in Ethiopia.
    (c) Exception.--The suspension of amounts under subsection (a) 
shall not include amounts authorized to be appropriated or otherwise 
made available for law enforcement, border security, including land, 
sea, and air ports of entry, or other activities conducted in 
coordination with the Government of Ethiopia that are in support of 
United States national security objectives.
    (d) Report.--Not later than 15 days after the date of the enactment 
of this Act, the Secretary of State shall submit to the appropriate 
congressional committees a comprehensive list of all assistance 
suspended in compliance with the limitation on assistance required by 
subsection (a) as of the date of the enactment of this Act.
    (e) Waiver.--The President may, subject to congressional 
notification requirements under other applicable provisions of law, 
waive the limitation on assistance required by subsection (a), if the 
President--
            (1) determines that the waiver is in the national interest 
        of the United States; and
            (2) submits to the appropriate congressional committees a 
        notice of and justification for the waiver not later than 15 
        days after the exercise of the waiver, including an explanation 
        as to why the waiver is in the national interest of the United 
        States.

SEC. 6. LIMITATION ON ASSISTANCE PROVIDED THROUGH INTERNATIONAL 
              FINANCIAL INSTITUTIONS.

    (a) Restrictions.--The Secretary of the Treasury shall instruct the 
United States Executive Director at each international financial 
institution--
            (1) to use the voice and vote of the United States in the 
        respective institution 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 with respect to lending to the Government of 
        Ethiopia and the Government of the State of Eritrea aimed at 
        advancing human rights and promoting peace.
    (b) Exception for Humanitarian Purposes.--Paragraphs (1) and (2) of 
subsection (a) shall not apply with respect to any loan 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.
    (c) Waiver for Projects That Directly Support Basic Human Needs.--
The Secretary of the Treasury may waive the application of subsection 
(a)(1) if the Secretary of the Treasury has submitted 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 human 
needs.
    (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 the Government of the State of Eritrea 
have--
            (1) ceased all offensive military operations associated 
        with the civil war and other conflicts in Ethiopia;
            (2) taken steps towards negotiations and an inclusive, 
        legitimate national dialogue;
            (3) continuously allowed unfettered humanitarian access; 
        and
            (4) cooperated with independent investigations of credible 
        allegations of war crimes, crimes against humanity, and other 
        human rights abuses carried out in the course of the civil war 
        and other conflicts in Ethiopia.
    (e) Definition of International Financial Institution.--In this 
section, the term ``international financial institution'' means the 
International Monetary Fund, International Bank for Reconstruction and 
Development, European Bank for Reconstruction and Development, 
International Development Association, International Finance 
Corporation, Multilateral Investment Guarantee Agency, African 
Development Bank, African Development Fund, Asian Development Bank, 
Inter-American Development Bank, Bank for Economic Cooperation and 
Development in the Middle East and North Africa, and Inter-American 
Investment Corporation.

SEC. 7. LIMITATION ON SUPPORT PROVIDED BY UNITED STATES INTERNATIONAL 
              DEVELOPMENT FINANCE CORPORATION.

    (a) In General.--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.
    (b) Termination.--The prohibition under subsection (a) 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 has--
            (1) ceased all offensive military operations related to the 
        civil war and other conflicts in Ethiopia;
            (2) taken steps toward negotiations and a legitimate, 
        inclusive political dialogue;
            (3) continuously allowed unfettered humanitarian access; 
        and
            (4) cooperated with independent investigations of credible 
        allegations of gross violations of internationally recognized 
        human rights, war crimes, crimes against humanity, and 
        genocide, carried out in the course of the civil war and other 
        conflicts in Ethiopia.
    (c) Waiver.--The President may waive the prohibition under 
subsection (a) if the President--
            (1) determines that it is in the United States national 
        security interest; and
            (2) submits to the appropriate congressional committees a 
        report on the use of the waiver not later than 15 days after 
        the exercise of the waiver, including an explanation as to why 
        the waiver is in the national interests of the United States.

SEC. 8. SUPPORT FOR ACCOUNTABILITY.

    (a) In General.--The President is authorized to provide financial, 
technical, and diplomatic support for efforts and activities necessary 
to preserve evidence of atrocities in Ethiopia and to pursue 
accountability for gross violations of internationally recognized human 
rights, war crimes, crimes against humanity, and genocide, as well as 
any violations of international humanitarian law, that have taken place 
in the course of the civil war and other conflicts in Ethiopia.
    (b) Provision of Information.--The President is authorized to share 
information possessed by the United States Government with 
organizations engaged in credible investigations meant to lead to the 
prosecution of any individual credibly accused of gross violations of 
internationally recognized human rights, war crimes, crimes against 
humanity, genocide, and other atrocities in Ethiopia in accordance with 
this section.

SEC. 9. REPORT.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State, in consultation with the 
Secretary of the Treasury, shall submit to the appropriate 
congressional committees a report that--
            (1) describes the actions and involvement of senior 
        officials of the Government of Ethiopia, the Government of 
        Eritrea, the Tigrayan Peoples Liberation Front, and armed 
        opposition groups or associated forces engaged in--
                    (A) directing, carrying out, or ordering gross 
                violations of internationally recognized human rights, 
                war crimes, crimes against humanity, genocide, and 
                other atrocities in Ethiopia; and
                    (B) directing, carrying out, or ordering targeting 
                of civilians, civilian infrastructure, medical 
                facilities or the use or recruitment of children by 
                armed groups or armed forces in Ethiopia;
            (2) describes the actions and involvement of any external 
        actors, including in the People's Republic of China, Iran, the 
        United Arab Emirates, Russia, Egypt, Sudan, and Turkey, engaged 
        in, facilitating, or financing the sale or transfers of arms or 
        weapons to any party to the civil war or other conflicts in 
        Ethiopia;
            (3) identifies foreign financial institutions in which 
        senior officials described in paragraph (1) or external actors 
        described in paragraph (2) hold significant assets, and 
        provides an assessment of the value of such assets; and
            (4) identifies 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 war or 
        other conflicts in Ethiopia.
    (b) Form.--The report required by subsection (a) shall be submitted 
in unclassified form, but may contain a classified annex.

SEC. 10. DETERMINATION OF GENOCIDE, WAR CRIMES, OR CRIMES AGAINST 
              HUMANITY.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of State, in consultation with the 
heads of other Federal departments and agencies represented on the 
Atrocity Early Warning Task Force and representatives of human rights 
organizations, shall submit to the appropriate congressional committees 
a determination whether actions in Ethiopia by the armed forces of 
Ethiopia, the armed forces of Eritrea, the Tigrayan Peoples Liberation 
Front, or associated forces or armed actors constitute genocide (as 
defined in section 1091 of title 18, United States Code), war crimes, 
or crimes against humanity.
    (b) Form.--The determination required under subsection (a) shall be 
submitted in unclassified form and published on a publicly available 
website of the Department of State, but may include a classified annex 
if such annex is provided separately from the unclassified 
determination.

SEC. 11. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs and the 
                Committee on Appropriations of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Committee on Appropriations of the Senate.
            (2) Gross violations of internationally recognized human 
        rights.--The term ``gross violations of internationally 
        recognized human rights'' includes torture or cruel, inhuman, 
        or degrading treatment or punishment, prolonged detention 
        without charges and trial, causing the disappearance of persons 
        by the abduction and clandestine detention of those persons, 
        and other flagrant denial of the right to life, liberty, or the 
        security of persons.

SEC. 12. SUNSET.

    This Act, and any sanctions imposed pursuant to this Act, shall 
cease to be effective beginning on the date that is 10 years after the 
date of the enactment of this Act.
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