Sudan Democratic Transition, Accountability, and Fiscal Transparency Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 6094 To support a civilian-led democratic transition, promote accountability for human rights abuses, and encourage fiscal transparency in Sudan, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 5, 2020 Mr. ENGEL (for himself, Mr. MCCAUL, Ms. BASS, Mr. SMITH of New Jersey, Mr. MCGOVERN, Mr. KILDEE, and Ms. LEE of California) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, and Financial Serv- ices, 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 a civilian-led democratic transition, promote ac- countability for human rights abuses, and encourage fis- cal transparency in Sudan, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Sudan Democratic 4 Transition, Accountability, and Fiscal Transparency Act 5 of 2020’’. 6 VerDate Sep 11 2014 03:40 Mar 12, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6094.IH H6094 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 6094 IH SEC. 2. DEFINITIONS. 1 Except as otherwise provided, in this Act: 2 (1) APPROPRIATE CONGRESSIONAL COMMIT- 3 TEES.—The term ‘‘appropriate congressional com- 4 mittees’’ means— 5 (A) the Committee on Foreign Affairs and 6 the Committee on Appropriations of the House 7 of Representatives; and 8 (B) the Committee on Foreign Relations 9 and the Committee on Appropriations of the 10 Senate. 11 (2) INTERNATIONAL FINANCIAL INSTITU- 12 TIONS.—The term ‘‘international financial institu- 13 tions’’ means— 14 (A) the International Monetary Fund; 15 (B) the International Bank for Recon- 16 struction and Development; 17 (C) the International Development Asso- 18 ciation; 19 (D) the International Finance Corporation; 20 (E) the Inter-American Development 21 Bank; 22 (F) the Asian Development Bank; 23 (G) the Inter-American Investment Cor- 24 poration; 25 (H) the African Development Bank; 26 VerDate Sep 11 2014 03:40 Mar 12, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6094.IH H6094 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 6094 IH (I) the European Bank for Reconstruction 1 and Development; 2 (J) the Multilateral Investment Guaranty 3 Agency; and 4 (K) any multilateral financial institution, 5 established after the date of enactment of this 6 Act, that could provide financial assistance to 7 the Government of Sudan. 8 (3) SOVEREIGNTY COUNCIL.—The term ‘‘Sov- 9 ereignty Council’’ means the governing body of 10 Sudan during the transitional period that consists 11 of— 12 (A) five civilians selected by the Forces of 13 Freedom and Change; 14 (B) five members selected by the Transi- 15 tional Military Council; and 16 (C) one member selected by agreement be- 17 tween the Forces of Freedom and Change and 18 the Transitional Military Council. 19 (4) SUDANESE SECURITY AND INTELLIGENCE 20 SERVICES.—The term ‘‘Sudanese security and intel- 21 ligence services’’ means— 22 (A) the Sudan Armed Forces; 23 (B) the Rapid Support Forces, 24 VerDate Sep 11 2014 03:40 Mar 12, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6094.IH H6094 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 6094 IH (C) Sudan’s Popular Defense Forces and 1 other paramilitary units; 2 (D) Sudan’s police forces; 3 (E) the General Intelligence Service, pre- 4 viously known as the National Intelligence and 5 Security Services; and 6 (F) related entities, such as Sudan’s Mili- 7 tary Industry Corporation. 8 (5) TRANSITIONAL PERIOD.—The term ‘‘transi- 9 tional period’’ means the 39-month period beginning 10 on August 17, 2019, the date of the signing of Su- 11 dan’s constitutional charter, during which— 12 (A) the members of the Sovereignty Coun- 13 cil described in paragraph (3)(B) select a chair 14 of the Council for the first 21 months of the pe- 15 riod; and 16 (B) the members of the Sovereignty Coun- 17 cil described in paragraph (3)(A) select a chair 18 of the Council for the remaining 18 months of 19 the period. 20 SEC. 3. STATEMENT OF POLICY. 21 It is the policy of the United States to— 22 (1) support a civilian-led political transition in 23 Sudan that results in a democratic government, that 24 is accountable to its people, respects and promotes 25 VerDate Sep 11 2014 03:40 Mar 12, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6094.IH H6094 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 6094 IH human rights, is at peace internally and with its 1 neighbors, and can be a partner for regional sta- 2 bility; 3 (2) support the implementation of Sudan’s con- 4 stitutional charter for the transitional period; and 5 (3) pursue a strategy of calibrated engagement 6 with Sudan that includes— 7 (A) facilitating an environment for free, 8 fair, and credible democratic elections and a 9 pluralistic and representative political system; 10 (B) supporting reforms that improve trans- 11 parency and accountability, remove restrictions 12 on civil and political liberties, and strengthen 13 the protection of human rights, including reli- 14 gious freedom; 15 (C) strengthening civilian institutions, ju- 16 dicial independence, and the rule of law; 17 (D) empowering civil society and inde- 18 pendent media; 19 (E) promoting national reconciliation and 20 enabling a just, comprehensive, and sustainable 21 peace; 22 (F) promoting the role of women in gov- 23 ernment, the economy, and society, in recogni- 24 tion of the seminal role that women played in 25 VerDate Sep 11 2014 03:40 Mar 12, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6094.IH H6094 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 6094 IH the social movement that ousted former presi- 1 dent Omar al-Bashir; 2 (G) promoting accountability for genocide, 3 war crimes, crimes against humanity, and sex- 4 ual and gender-based violence; 5 (H) encouraging the development of civil- 6 ian oversight over and professionalization of the 7 Sudanese security and intelligence services and 8 strengthening accountability for human rights 9 violations and abuses, corruption, or other 10 abuses of power; 11 (I) promoting economic reform, private 12 sector engagement, and inclusive economic de- 13 velopment while combating corruption and illicit 14 economic activity, including that which involves 15 the Sudanese security and intelligence services; 16 (J) securing unfettered humanitarian ac- 17 cess across all regions of Sudan; 18 (K) supporting improved development out- 19 comes, domestic resource mobilization, and 20 catalyzing market-based solutions to improve 21 access to health, education, water and sanita- 22 tion, and livelihoods; and 23 (L) promoting responsible international 24 and regional engagement. 25 VerDate Sep 11 2014 03:40 Mar 12, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6094.IH H6094 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 6094 IH SEC. 4. SUPPORT FOR DEMOCRATIC GOVERNANCE, RULE 1 OF LAW, HUMAN RIGHTS, AND FUNDA- 2 MENTAL FREEDOMS. 3 (a) SENSE OF CONGRESS.—It is the sense of Con- 4 gress that the political transition in Sudan, following sev- 5 eral months of popular protests against the regime of 6 Omar al-Bashir, represents an opportunity for the United 7 States to support democracy, good governance, rule of law, 8 human rights, and fundamental freedoms in Sudan. 9 (b) IN GENERAL.—Notwithstanding any other provi- 10 sion of law (other than the Trafficking Victims Protection 11 Act of 2000 or the Child Soldiers Prevention Act of 2008), 12 the President is authorized to provide assistance under 13 part I and chapter 4 of part II of the Foreign Assistance 14 Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) 15 to— 16 (1) provide for democracy and governance pro- 17 grams that strengthen and build the capacity of rep- 18 resentative civilian government institutions, political 19 parties, and civil society in Sudan; 20 (2) support the organization of free, fair, and 21 credible elections in Sudan; 22 (3) provide technical support for legal and pol- 23 icy reforms that improve transparency and account- 24 ability and protect human rights, including religious 25 freedom, and civil liberties in Sudan; 26 VerDate Sep 11 2014 03:40 Mar 12, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6094.IH H6094 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 6094 IH (4) support for human rights and fundamental 1 freedoms, including the freedoms of religion or be- 2 lief; expression, including for members of the press, 3 assembly; and association in Sudan; 4 (5) support measures to improve and increase 5 women’s participation in the political, economic, and 6 social sectors of Sudan; and 7 (6) support other related democracy, good gov- 8 ernance, rule of law, and fundamental freedom pro- 9 grams and activities. 10 (c) AUTHORIZATION OF APPROPRIATIONS.—Of the 11 funds authorized to be appropriated to carry out part I 12 and chapter 4 of part II of the Foreign Assistance Act 13 of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) for 14 fiscal years 2021 and 2022, $20,000,000 is authorized to 15 be appropriated for each such fiscal year to carry out this 16 section. 17 SEC. 5. SUPPORT FOR DEVELOPMENT PROGRAMS. 18 (a) IN GENERAL.—Notwithstanding any other provi- 19 sion of law (other than the Trafficking Victims Protection 20 Act of 2000 or the Child Soldiers Prevention Act of 2008), 21 the President is authorized to provide assistance under 22 part I and chapter 4 of part II of the Foreign Assistance 23 Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) 24 for programs in Sudan to— 25 VerDate Sep 11 2014 03:40 Mar 12, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6094.IH H6094 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 6094 IH (1) increase agricultural and livestock produc- 1 tivity; 2 (2) promote economic growth, increase private 3 sector productivity and advance market-based solu- 4 tions to address development challenges; 5 (3) support women’s economic empowerment 6 and economic opportunities for youth and previously 7 marginalized populations; 8 (4) improve equal access to quality basic edu- 9 cation; 10 (5) support the capacity of universities to equip 11 students to participate in a pluralistic and global so- 12 ciety through virtual exchange and other programs; 13 (6) improve access to water, sanitation, and hy- 14 giene projects; 15 (7) build the capacity of national and sub- 16 national government officials to support the trans- 17 parent management of public resources, promote 18 good governance through combating corruption and 19 improving accountability, increase economic produc- 20 tivity, and increase domestic resource mobilization; 21 and 22 (8) support other related economic assistance 23 programs and activities. 24 VerDate Sep 11 2014 03:40 Mar 12, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H6094.IH H6094 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 6094 IH (b) AUTHORIZATION OF APPROPRIATIONS.—Of the 1 funds authorized to be appropriated to carry out part I 2 and chapter 4 of part II of the Foreign Assistance Act 3 of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) for 4 fiscal years 2021 and 2022, $80,000,000 is authorized to 5 be appropriated, for each such fiscal year to carry out this 6 section. 7 SEC. 6. SUPPORT FOR CONFLICT MITIGATION. 8 (a) IN GENERAL.—Notwithstanding any other provi- 9 sion of law (other than the Trafficking Victims Protection 10 Act of 2000 or the Child Soldiers Prevention Act of 2008), 11 the President is authorized to provide assistance under 12 part I and chapters 4, 5, and 6 of part II of the Foreign 13 Assistance Act of 1961 (22 U.S.C. 2151 et seq., 2346 et 14 seq., and 2348 et seq.) to— 15 (1) support long-term peace and stability in 16 Sudan by promoting national reconciliation and ena- 17 bling a just, comprehensive, and sustainable peace, 18 especially in regions that have been underdeveloped 19 or affected by war, such as the states of Darfur, 20 South Kordofan, Blue Nile, Red Sea, and Kassala; 21 (2) support civil society and other organizations 22 working to address conflict prevention, mitigation, 23 and resolution mechanisms and people-to-people rec- 24 onciliation in Sudan, especially those addressing 25 VerDate Sep 11 2014 03:40 Mar 12, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H6094.IH H6094 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 6094 IH issues of marginalization and vulnerable groups, 1 equal protection under the law, natural resource 2 management, compensation and restoration of prop- 3 erty, voluntary return, and sustainable solutions for 4 displaced persons and refugees; 5 (3) strengthen civilian oversight of the Suda- 6 nese security and intelligence services and ensure 7 that such services are not contributing to the perpet- 8 uation of conflict in Sudan and to the limitation of 9 the civil liberties of all people in Sudan; 10 (4) assist in the human rights vetting and pro- 11 fessional training of security force personnel due to 12 be employed or deployed by the Sudanese security 13 and intelligence services in regions that have been 14 underdeveloped or affected by war, such as the 15 states of Darfur, South Kordofan, Blue Nile, Red 16 Sea, and Kassala, including members of any security 17 forces being established pursuant to a peace agree- 18 ment relating to such regions; 19 (5) support provisions of the Comprehensive 20 Peace Agreement of 2005 and Abyei protocol, as ap- 21 propriate, unless otherwise superseded by a new 22 agreement signed in good faith— 23 (A) between stakeholders in this region 24 and the Governments of Sudan and South 25 VerDate Sep 11 2014 03:40 Mar 12, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H6094.IH H6094 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 6094 IH Sudan to hold a free, fair, and credible ref- 1 erendum on the status of Abyei; and 2 (B) between stakeholders in this region 3 and the Government of Sudan to support pop- 4 ular consultations on the status of the states of 5 South Kordofan and Blue Nile; and 6 (6) support other related conflict mitigation 7 programs and activities. 8 (b) AUTHORIZATION OF APPROPRIATIONS.—Of the 9 funds authorized to be appropriated to carry out part I 10 and chapters 4 and 6 of part II of the Foreign Assistance 11 Act of 1961 (22 U.S.C. 2151 et seq., 2346 et seq., and 12 2348 et seq.) for fiscal years 2021 and 2022, $20,000,000 13 is authorized to be appropriated for each such fiscal year 14 to carry ou [Text truncated for display. Full text available on Congress.gov.]