H.R. 1939 — U.S. Engagement in Sudanese Peace Act

This section directs the President to submit to the appropriate congressional committees, not later than 60 days after enactment, a report identifying each foreign person that has knowingly (1) perpetrated, directed, or enabled genocide, war crimes, or crimes against humanity against civilians in Sudan since April 2023, or (2) systematically blocked or interfered with humanitarian aid delivery to civilians in Sudan. The section further requires an update to the report for each of the five calendar years following the calendar year of the initial report.

This section directs the President to submit to the appropriate congressional committees, not later than 60 days after enactment, a report identifying each foreign person determined to be violating the United Nations arms embargo on Darfur (imposed by UN Security Council Resolutions 1556 (July 30, 2004) and 1591 (March 29, 2005)). The section further requires updates to that report for each of the five calendar years following the calendar year of the initial report.

This section requires the President, not later than 60 days after submitting the report required by section 101, to impose 6 or more of the sanctions listed in subsection (b) on each foreign person identified in that report, and, not later than 60 days after submitting the report required by section 102, to 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 that report. The sanctions are: (1) blocking all property and interests in property under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); (2) directing the Export-Import Bank of the United States to deny guarantees, insurance, or credit for exports to the person; (3) prohibiting U.S. financial institutions from making loans or extending credit totaling more than $10 million in any 12-month period to the person (unless primarily for relieving human suffering); (4) directing U.S. executive directors at international financial institutions to oppose loans benefiting the person; (5) directing the U.S. International Development Finance Corporation and U.S. International Trade and Development Agency to deny all support to the person; (6) prohibiting U.S. government procurement of goods or services from the person; and (7) denying visas to and excluding identified individuals, rendering them inadmissible or ineligible for visas, admission, parole, or other Immigration and Nationality Act (8 U.S.C. 1101 et seq.) benefits, and revoking any existing visas or entry documents under INA section 221(i) (8 U.S.C. 1201(i)) with immediate effect that also cancels other valid visas in the individual's possession. The section provides exceptions to visa sanctions under subsection (b)(7) necessary to comply with the U.N. Headquarters Agreement or other international obligations; exceptions to all sanctions for humanitarian assistance transactions (i.e., agricultural commodities, food, medicine, medical devices), transportation for humanitarian operations, or authorized U.S. intelligence, law enforcement, or national security activities; authority for the President to waive sanctions vital to U.S. national interests (with notification requirements); and permission to submit classified information ex parte and in camera in any judicial review.

This section authorizes the President to terminate sanctions imposed under this section with respect to a person upon determining and reporting to the appropriate congressional committees at least 15 days in advance that (1) credible information exists that the person did not engage in the sanctioned activity; (2) the person has credibly demonstrated a significant change in behavior, paid an appropriate consequence for the activity, and committed not to engage in such activity in the future; or (3) termination is vital to U.S. national interests. Separately, the section terminates the authority to impose sanctions under section 101(3)—for blocking the provision of humanitarian aid to civilians—upon implementation of a comprehensive agreement to end the conflict between Sudan's warring parties.

This section defines, for purposes of this title, (1) appropriate congressional committees as the House Committees on Foreign Affairs and Financial Services and the Senate Committees on Foreign Relations and Banking, Housing, and Urban Affairs; (2) foreign person as an individual or entity that is not a United States person; and (3) United States person as a U.S. citizen, permanent resident alien, or entity organized under the laws of the United States or any U.S. jurisdiction (including a foreign branch of such an entity).

This section directs the President to submit to the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations, not later than 120 days after enactment, a strategy to support civilian protection, humanitarian assistance delivery, and progress toward sustainable peace in Sudan that includes (1) plans for a diplomatic mechanism to achieve a comprehensive ceasefire and sustainable peace; (2) multilateral and regional actions to protect civilians, ensure humanitarian access, and enforce and expand the United Nations arms embargo on Sudan; (3) plans for inclusive civilian political dialogue, including enhanced women's and youth participation, to develop a constitutional framework and pathway to civilian rule; (4) efforts to support and fund grassroots organizations providing humanitarian and peacebuilding aid in conflict areas beyond traditional partners' reach; (5) training and support for doctors, lawyers, human rights defenders, and grassroots aid workers to promote accountability for abuses (including evidence preservation) and psychosocial support for violence victims, particularly those facing conflict-related sexual and gender-based violence; (6) a comprehensive sanctions strategy targeting human rights violators, enablers, and supporters of the Rapid Support Forces (RSF) or Sudanese Armed Forces (SAF) to deter genocide, war crimes, and crimes against humanity; and (7) identification of countries providing materiel or resources to the RSF or SAF. It further requires the Secretary of State to submit to the same committees, not later than 180 days after strategy submission and every 180 days thereafter for four years, reports on strategy implementation with updates on elements (1) through (5).

This section amends Section 7204 of the National Defense Authorization Act for Fiscal Year 2025 (P.L. 118-159), which establishes the Special Envoy for Sudan to coordinate U.S. policy toward the Sudan conflict, by (1) providing for appointment consistent with section 1(j) of the State Department Basic Authorities Act of 1956 (i.e., by the Secretary of State without Senate confirmation) rather than with the advice and consent of the Senate, and (2) extending the position's termination to five years after enactment of that Act (from two years). It authorizes appropriations of $4 million for each of fiscal years 2025 through 2029 to carry out these amendments.

This section directs the Secretary of State and the United States Permanent Representative to the United Nations to 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 atrocities including possible genocide, 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.

This section authorizes the Secretary of State, in consultation with the USAID Administrator, to provide assistance to deploy and sustain a United Nations, African Union, or multinational force in Sudan to advance civilian protection, facilitate humanitarian operations, and monitor any prospective ceasefire, subject to conditions prohibiting transfer of such assistance or its use for other purposes without presidential consent and requiring congressional notification under reprogramming procedures (22 U.S.C. 2394-1) if consent is granted. This section also directs the Secretary of State and USAID Administrator to engage the United Nations, African Union, and other stakeholders to develop additional civilian protection options in Sudan, including community-based and international monitoring mechanisms, and authorizes the Secretaries of State and Defense, the Director of National Intelligence, and the USAID Administrator to detail staff and provide technical assistance to the African Union to analyze conditions and plan a potential multinational civilian protection force in Sudan.

This section directs the Secretary of State and USAID Administrator, consistent with the Women, Peace, and Security Act of 2017, in coordination with other relevant federal agencies and supported by the U.S. Ambassador-at-Large for Global Women’s Issues, to facilitate the safe and meaningful leadership and participation of Sudanese women in (1) formal and informal conflict prevention, resolution, and post-conflict processes in Sudan (i.e., relief, recovery, justice, accountability, and democratic governance); (2) gender-based violence prevention, mitigation, and response efforts; and (3) humanitarian relief and protection planning and delivery to increase safety and access for women and girls. The section further directs these officials to facilitate the safe and meaningful leadership and participation of Sudanese youth in the same processes and efforts.

This section prohibits the sale, export, or transfer of major defense equipment (as defined in the Arms Export Control Act [22 U.S.C. 2794(6)]) to any country the President identifies as supporting the Rapid Support Forces (RSF) or Sudanese Armed Forces (SAF) pursuant to section 201(7) of this Act. The President may waive the prohibition on a case-by-case basis if determined vital to U.S. national interests, subject to notification within 15 days to the House Committees on Foreign Affairs and Appropriations and the Senate Committees on Foreign Relations and Appropriations, including a detailed justification.

This section directs the President, not later than 90 days after enactment, to submit to the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations a certification and report under section 620I(a) of the Foreign Assistance Act of 1961 (which prohibits assistance to countries that restrict U.S. humanitarian assistance) assessing any country's direct or indirect prohibition or restriction on the transport or delivery of U.S. humanitarian assistance in Sudan, including U.S. government-supported international efforts. (1) The report must describe any uses of waiver authority under section 620I(b) for continued assistance to such countries and the dates of those waivers; (2) it must be submitted in unclassified form but may include a separate classified annex.

This section directs the Secretary of State, in consultation with the Secretary of Defense and the Director of National Intelligence, to submit to the House and Senate Committees on Foreign Affairs/Foreign Relations and Armed Services, not later than 180 days after enactment of this Act, a report on U.S.-origin weapons or military equipment used by belligerents in Sudan. The report must include (1) an assessment of such use and by which actors, (2) a list of types of such weapons, (3) an analysis of their chain of control, and (4) a summary of actions taken or steps necessary to prevent their use; it must be submitted in unclassified form but may include a separate classified annex.