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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office] [H.R. 6600 Introduced in House (IH)]117th CONGRESS
2d Session
- 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.
