U.S. Engagement in Sudanese Peace Act

Bill: 118-hr-10268
Sponsor: full_name: Rep. Meeks, Gregory W. [D-NY-5]
Introduced: 2024-12-03
Policy area: International Affairs
Latest action: action_date: 2024-12-03
text: Referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, the Judiciary, and Oversight and Accountability, 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.

Summaries:

tv_txt: I 118th CONGRESS 2d Session H. R. 10268 IN THE HOUSE OF REPRESENTATIVES December 3, 2024 Mr. Meeks (for himself, Ms. Jacobs , Mr. Amo , Mr. Bera , Mrs. Cherfilus-McCormick , Mr. Connolly , Mr. Jackson of Illinois , Ms. Jayapal , Ms. Kamlager-Dove , Mr. Kildee , Ms. Lee of California , Mr. McGovern , Ms. Omar , Mr. Schneider , and Mr. Keating ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on Financial Services , the Judiciary , and Oversight and Accountability , 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 require the imposition of sanctions with respect to conflict in Sudan, and for other purposes.

1. Short title and table of contents (a) Short title This Act may be cited as the U.S. Engagement in Sudanese Peace Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Statement of policy. Sec. 3. Sense of Congress. Title I—Sanctions authorities Sec. 101. Report on international crimes and blocking humanitarian aid. Sec. 102. Report on foreign entities violating the United Nations arms embargo on Darfur. Sec. 103. Sanctions required. Sec. 104. Termination of sanctions. Sec. 105. Definitions. Title II—Other provisions Sec. 201. Strategy. Sec. 202. Special Presidential Envoy for Sudan. Sec. 203. Use of United States influence at the United Nations. Sec. 204. Assistance to deploy and sustain a United Nations, African Union, or multinational force. Sec. 205. Empowering Sudanese women and youth. Sec. 206. Prohibition on sale and licensing of major defense equipment. Sec. 207. Certification and report on non-restriction of United States humanitarian assistance in Sudan. Sec. 208. Report on United States weapons being used in Sudan. 2. Statement of policy It is the policy of the United States— (1) to support an inclusive diplomatic process, that meaningfully includes women and youth leaders, and marginalized communities, to establish a cease fire and a sustainable peace agreement in Sudan; (2) to support justice and accountability for violations of international humanitarian law, and war crimes, crimes against humanity, and other serious human rights abuses by armed actors in Sudan, especially those involved in the conflict that began on April 15, 2023, those who perpetrated the October 25, 2021, coup d’etat, and those who committed human rights abuses during and in the wake of the state of emergency declared by the military junta after the October 25, 2021, coup d’etat; and (3) to pursue a strategy on Sudan that includes— (A) leading and coordinating international efforts to establish and facilitate a comprehensive and inclusive peace process that meaningfully includes civil society and seeks a sustainable end to the country’s conflicts; (B) facilitating unrestricted delivery of humanitarian aid throughout Sudan, across military lines and across international borders, including through local grassroots organizations; (C) developing and advancing a plan for the prevention of mass atrocities and for protecting civilians; (D) pursuing survivor-centered justice and accountability for violations of international humanitarian law, war crimes, crimes against humanity, and other serious human rights abuses, including conflict-related sexual and gender-based violence; and (E) supporting an inclusive dialogue aimed at establishing a civilian-led transition to democracy, including by promoting mechanisms that ensure the meaningful leadership and inclusion of women, youth, and traditionally marginalized communities. 3. Sense of Congress It is the sense of Congress that— (1) the Secretary of State, in consultation with the Attorney General and the Secretary of the Treasury, should— (A) sanction the leadership of the Rapid Support Forces (RSF) and the Sudanese Armed Forces (SAF) responsible for strategic decisions that have directed or enabled the commission of atrocities, including genocide, war crimes, and crimes against humanity; (B) sanction adult family members of those in the leadership of the RSF and SAF unless such family member has condemned the sanctionable activity and taken tangible steps to oppose the activity; and (C) designate the RSF for sanctions; (2) the United Nations should expand its arms embargo to all of Sudan; (3) United Nations assessed contributions should be used pursuant to United Nations Security Council Resolution 2719 (2023) to fund an African Union force to protect civilians, support ceasefire monitoring, or secure humanitarian operations in Sudan if such a force is authorized; and (4) the United States Agency for International Development should develop a plan to facilitate greater funding to emergency response rooms and other local mutual aid organizations providing humanitarian assistance in Sudan, including use of market-based assistance. I Sanctions authorities 101. Report on international crimes and blocking humanitarian aid (a) In general Not later than 60 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report that identifies each foreign person that has knowingly engaged in any of the following conduct in Sudan since April 2023: (1) Perpetrating, directing, or enabling the commission of genocide, war crimes, or crimes against humanity against civilians. (2) Systematic blocking of and interference with the delivery of humanitarian aid to civilians. (b) Update The President shall submit to the appropriate congressional committees an update of the report required by subsection (a) for each of the 5 calendar years following the calendar year in which the initial report is submitted. 102. Report on foreign entities violating the United Nations arms embargo on Darfur (a) In general Not later than 60 days after the date of enactment of this Act, the President shall submit to the appropriate congressional committees a report that identifies each foreign person determined to be violating the United Nations arms embargo on Darfur imposed pursuant to United Nations Security Council Resolutions 1556 (July 30, 2004) and 1591 (March 29, 2005). (b) Update The President shall submit to the appropriate congressional committees an update of the report required by subsection (a) for each of the 5 calendar years following the calendar year in which the initial report is submitted. 103. Sanctions required (a) In general Not later than 60 days after the date on which the President— (1) submits the report or update to the report required by section 101, the President shall impose 6 or more of the sanctions described in paragraphs (1) through (7) of subsection (b) on each foreign person identified in the report; and (2) submits the report or update to the report required by section 102, the President shall impose 4 or more of the sanctions described in paragraphs (2), (3), (4), (6), and (7) of subsection (b) on each foreign person identified in the report. (b) Sanctions described The sanctions described in this subsection are the following: (1) Blocking of property The President shall pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ), 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. (2) Export-import bank assistance for exports to sanctioned persons The President shall direct the Export-Import Bank of the United States not to give approval to the issuance of any guarantee, insurance, extension of credit, or participation in the extension of credit in connection with the export of any goods or services to the foreign person. (3) Loans from United States financial institutions The President shall prohibit any United States financial institution from making loans or providing credits to the foreign person totaling more than $10,000,000 in any 12-month period unless the person is primarily engaged in activities to relieve human suffering and the loans or credits are provided for such activities. (4) Loans from international financial institutions The President shall direct the United States executive director to each international financial institution to use the voice and vote of the United States to oppose any loan from the international financial institution that would benefit the foreign person. (5) Loans from the International Development Finance Corporation and the United States Trade and Development Agency The President shall direct the Chief Executive Officer of the United States International Development Finance Corporation and the Director of the United States Trade and Development Agency to prohibit any loan, loan guarantee, equity investment, project assistance, or any other type of support to a listed foreign person. (6) Procurement sanction The United States Government may not procure, or enter into any contract for the procurement of, any goods or services from the foreign person. (7) Exclusion of foreign individuals (A) In general The President shall direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, any individual identified in the report required by subsection (a). (B) Visas, admission, or parole An alien who the Secretary of State or the Secretary of Homeland Security (or a designee of one of such Secretaries) knows, or has reason to believe, is described in subparagraph (A) is— (i) inadmissible to the United States; (ii) ineligible for 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. ). (C) Current visas revoked (i) In general The issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of one of such Secretaries) shall, in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ), revoke any visa or other entry documentation issued to an alien described in subparagraph (A) regardless of when the visa or other entry documentation is issued. (ii) Effect of revocation A revocation under clause (i)— (I) shall take effect immediately; and (II) shall automatically cancel any other valid visa or entry documentation that is in the alien’s possession. (c) Exceptions (1) Exception to comply with international obligations Sanctions under subsection (b)(7) shall not apply with respect to the admission of an alien if admitting or paroling the alien into the United States is necessary 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. (2) Exception relating to the provision of humanitarian assistance Sanctions under this section may not be imposed with respect to transactions or the facilitation of transactions for— (A) the sale of agricultural commodities, food, medicine, or medical devices; (B) the provision of humanitarian assistance; (C) financial transactions relating to humanitarian assistance; or (D) transporting goods or services that are necessary to carry out operations relating to humanitarian assistance. (3) Exception for intelligence, law enforcement, and national security activities Sanctions under this section shall not apply to any authorized intelligence, law enforcement, or national security activities of the United States. (4) Classified information In any judicial review of a determination made under this section, if the determination was based on classified information (as defined in section 1(a) of the Classified Information Procedures Act) such information may be submitted to the reviewing court ex parte and in camera. This paragraph does not confer or imply any right to judicial review. (d) National interest waiver The President may waive the imposition of sanctions under subsection (b) with respect to a person if the President— (1) determines that such a waiver is vital to the national interests of the United States; and (2) not more than 15 days after issuing the waiver, submits to the appropriate congressional committees a notification of the waiver and the reasons for the waiver. 104. Termination of sanctions (a) In general Except as provided in subsection (b), the President may terminate the application of sanctions under this section with respect to a person if the President determines and reports to the appropriate congressional committees not later than 15 days before the termination of the sanctions that— (1) credible information exists that the person did not engage in the activity for which sanctions were imposed; (2) the person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activity for which sanctions were imposed, and has credibly committed to not engage in an activity described in subsection (a) in the future; or (3) the termination of the sanctions is in the vital national interests of the United States. (b) Sanctions relating To blocking the provision of humanitarian aid to civilians The authority to impose sanctions under section 101(3) shall terminate if a comprehensive agreement to end the conflict is reached and implemented between the warring parties in Sudan. 105. Definitions In this title— (1) the term appropriate congressional committees means— (A) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; (2) the term foreign person means an individual or entity that is not a United States person; and (3) the term United States person means— (A) a United States citizen; (B) a permanent resident alien of the United States; or (C) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. II Other provisions 201. Strategy (a) In general Not later than 120 days after the date of the enactment of this Act, the President shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a strategy to support the protection of civilians, the delivery of humanitarian assistance, and progress towards a sustainable peace in Sudan that includes— (1) plans for establishing and leading a diplomatic mechanism for negotiations that lead to a comprehensive cease fire and a sustainable peace; (2) actions in multilateral fora and with regional institutions in support of protection of civilians, sustained and unimpeded humanitarian access, enforcement of the United Nations arms embargo and the expansion of the United Nations arms embargo to include all of Sudan; (3) plans to support an inclusive civilian political dialogue, including activities to improve and increase women’s and youth’s meaningful leadership and participation in political negotiations, related to the development of a constitutional framework and a pathway that will lead to civilian rule; (4) efforts to support grassroots organizations that are currently providing humanitarian and peacebuilding assistance to the Sudanese people in conflict-affected areas that traditional implementing partners cannot reach, including through the development of mechanisms through which to fund organizations and the facilitation of electronic means and other technology enabling communication; (5) efforts to provide training and other support for doctors, lawyers, and other human rights defenders, as well as those working at the grassroots providing humanitarian assistance, on activities undertaken to— (A) support accountability for human rights abuses, including gathering witness testimony and preservation of forensic evidence; and (B) provide psychosocial support for Sudanese civilians who experienced violence, particularly victims of conflict related sexual and gender-based violence; (6) a comprehensive sanctions strategy focused on deterring war crimes and crimes against humanity, ending hostilities, and supporting accountability by— (A) targeting actors, both within Sudan and internationally, who are responsible for gross violations of human rights and international humanitarian law and whose action enable those responsible for such violations; and (B) targeting actors providing arms, material, and financial support to the Rapid Support Forces (RSF) and the Sudanese Armed Forces (SAF) or individuals belonging to or affiliated with these individuals; and (7) an identification of countries supporting the RSF or SAF through provision of materiel or other resources or equipment. (b) Report Not later than 180 days after the date on which the strategy required by subsection (a) is submitted to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, and every 180 days thereafter for 4 years, the Secretary of State shall submit to such committees a report on implementation of the strategy that includes substantive updates of the matters described in paragraphs (1) through (5) of subsection (a). 202. Special Presidential Envoy for Sudan (a) Establishment (1) In general The President shall, consistent with section 1(j) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a(j) ), appoint an individual with appropriate expertise as the Special Presidential Envoy for Sudan that reports directly to the President or the Secretary of State, to coordinate United States policy and diplomatic efforts and to work with international partners to address the complex crisis in Sudan. (2) Prohibition The individual appointed pursuant to paragraph (1) should not hold another position in the Department of State while holding the position of Special Presidential Envoy for Sudan. (b) Duties The Special Presidential Envoy for Sudan shall— (1) lead and coordinate United States diplomatic efforts to help end the conflict, protect civilians, remove blockages to humanitarian access, and achieve peace in Sudan; (2) coordinate with interagency partners; (3) diplomatically engage with foreign governments, international and multilateral organizations, and civil society organizations to catalyze efforts to help end the conflict and mobilize contributions to address the humanitarian crisis; (4) consult regularly with Sudanese civil society groups and leaders (including women-led organizations, emergency response rooms, and resistance committees), Sudanese diaspora groups, nongovernmental organizations, think tanks, and advocates to inform diplomatic efforts and strategy and keep such groups aware of ongoing efforts; and (5) consult regularly with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. (c) Staffing The Special Presidential Envoy for Sudan is authorized to hire such personnel as may be necessary to carry out the duties and responsibilities of the Special Envoy, including, at a minimum, a chief of staff, a deputy chief of staff, and at least 2 advisors, at least one of whom has significant humanitarian expertise and at least one of whom has expertise in women’s role in peacebuilding, security, and decision-making processes. (d) Authorization of appropriations There is authorized to be appropriated $4,000,000 in each of fiscal years 2025, 2026, 2027, 2028, and 2029, to carry out this section. (e) Termination The President may terminate the position of Special Presidential Envoy for Sudan on the date that is 5 years after the date of the enactment of this Act. 203. Use of United States influence at the United Nations The Secretary of State and the United States Permanent Representative to the United Nations shall use the voice, vote, and influence of the United States at the United Nations and other multilateral bodies to— (1) advocate for unimpeded humanitarian access and an immediate end to bureaucratic impediments to humanitarian assistance in Sudan; (2) support the documentation of suspected war crimes and crimes against humanity; (3) ensure development of plans for protection of civilians in Sudan; and (4) advocate for an end to hostilities in Sudan. 204. Assistance to deploy and sustain a United Nations, African Union, or multinational force (a) In general The Secretary of State, in consultation with the Administrator of the United States Agency for International Development, is authorized to provide assistance to deploy and sustain a United Nations, African Union, or multinational force to advance civilian protection, facilitate humanitarian operations, and monitor any prospective cease fire in Sudan. (b) Conditions (1) In general Assistance provided under subsection (a) may not be provided until the force has agreed not to transfer title to, or possession of, any such assistance to anyone not an officer, employee or agent of the force, and not to use or to permit the use of such assistance for any purposes other than those for which such assistance was furnished, unless the consent of the President has first been obtained, and written assurances reflecting all of the forgoing have been obtained from the force by the President. (2) Congressional notification If the President consents to the transfer of such assistance to anyone not an officer, employee, or agent of the force, or agrees to permit the use of such assistance for any purposes other than those for which such assistance was furnished, the President shall immediately notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate in accordance with the procedures applicable to reprogramming notifications under section 634A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2394–1 ). (c) Additional civilian protection options The Secretary of State, in consultation with the Administrator of USAID, shall engage the United Nations, African Union, and other international, regional, and local stakeholders to develop additional civilian protection options in Sudan, including community-based mechanisms, and international monitoring or observation mechanisms. (d) Technical assistance The Secretary of Defense, the Secretary of State, the Director of National Intelligence, and the Administrator of the United States Agency for International Development are authorized to detail or second staff and to provide other technical assistance to the African Union to analyze conditions and plan for the potential establishment of a multinational civilian protection force in Sudan. 205. Empowering Sudanese women and youth (a) Sudanese women Consistent with the Women, Peace, and Security Act of 2017, the Secretary of State and the Administrator of the United States Agency for International Development, in coordination with heads of other relevant Federal agencies and supported by the U.S. Ambassador-at-Large for Global Women’s Issues, should take all available measures to actively facilitate the safe and meaningful leadership and participation of Sudanese women in— (1) all formal and informal conflict prevention and conflict resolution processes to address the conflict in Sudan, as well as post-conflict relief, recovery, justice, accountability, and democratic governance efforts; (2) all gender-based violence prevention, mitigation, and response efforts; and (3) planning and delivery of humanitarian relief and protection efforts to promote increased safety and access to humanitarian assistance by women and girls. (b) Sudanese youth The Secretary of State and the Administrator of the United States Agency for International Development should actively facilitate the safe and meaningful leadership and participation of Sudanese youth in— (1) all conflict prevention and conflict resolution processes to address the conflict in Sudan, as well as post-conflict relief, recovery, justice, accountability, and democratic governance efforts; (2) all gender-based violence prevention, mitigation, and response efforts; and (3) planning and delivery of humanitarian relief and protection efforts. 206. Prohibition on sale and licensing of major defense equipment (a) In general No sale, export, or transfer of major defense equipment (as such term is defined in section 47(6) of the Arms Export Control Act ( 22 U.S.C. 2794(6) ) may be provided to any country that the President identifies as supporting the Rapid Support Forces (RSF) or the Sudanese Armed Forces (SAF) pursuant to section 201(7). (b) Waiver The President may waive the prohibition in subsection (a) on a case-by-case basis if the President— (1) determines such a waiver is vital to the national interests of the United States; and (2) not more than 15 days after issuing the waiver, submits to the appropriate congressional committees a notification of the waiver and a detailed description and justification for the utilization of the waiver. (c) Appropriate congressional committees defined In this section, the term “appropriate congressional committees” means— (1) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (2) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. 207. Certification and report on non-restriction of United States humanitarian assistance in Sudan (a) In general Not later than 90 days after the date of the enactment of this Act, the President shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a certification and report consistent with the requirements of section 620I(a) of the Foreign Assistance Act of 1961 describing and assessing the extent to which any country prohibits or otherwise restricts, directly or indirectly, the transport or delivery of United States humanitarian assistance in Sudan, including any United States Government-supported international efforts to provide such humanitarian assistance. (b) Use of exception The certification and report required by subsection (a) shall include a description of any uses of the exercise of the authority described in section 620I(b) of the Foreign Assistance Act of 1961 and the date such waiver was exercised in the continued provision of assistance to such country. (c) Form The certification and report required by subsection (a) shall be provided in unclassified form but may contain a classified annex if submitted separately from the unclassified portion. 208. Report on United States weapons being used in Sudan (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 Defense and the Director of National Intelligence, shall submit to the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives and the Committee on Foreign Relations and the Committee on Armed Services of the Senate a report on United States-origin weapons or military equipment being used by belligerents in Sudan. (b) Matters To be included The report shall include the following: (1) An assessment of whether United States-origin weapons have been or are currently being used by belligerents in Sudan and by which actors. (2) A list of the types of United States-origin weapons identified as having been used by belligerents in Sudan. (3) An analysis of the chain of control for any United States-origin weapons identified as having been used by belligerents in Sudan. (4) A summary of actions already taken or steps necessary to prevent any United States-origin weapons from being used by belligerents in Sudan. (c) Form The report required by subsection (a) shall be submitted in unclassified form but may contain a classified annex if submitted separately from the unclassified portion.