[Congressional Record Volume 167, Number 201 (Thursday, November 18, 2021)]
[Senate]
[Pages S8508-S8509]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4816. Mr. COONS submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

                    Subtitle __--Sudan Democracy Act

     SEC. __1. SHORT TITLE.

       This subtitle may be cited as the ``Sudan Democracy Act''.

     SEC. __2. DEFINITIONS.

       In this subtitle:
       (1) Admitted; alien.--The terms ``admitted'' and ``alien'' 
     have the meanings given such terms in section 101 of the 
     Immigration and Nationality Act (8 U.S.C. 1001).
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on Appropriations of the Senate;
       (C) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (D) the Committee on Appropriations of the House of 
     Representatives.
       (3) Foreign person.--The term ``foreign person'' means a 
     person that is not a United States person.
       (4) Gross violations of internationally recognized human 
     rights.--The term ``gross violations of internationally 
     recognized human rights'' has the meaning given such term in 
     section 502B(d)(1) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2304(d)(1)).
       (5) International financial institutions.--The term 
     ``international financial institutions'' means--
       (A) the International Monetary Fund;
       (B) the International Bank for Reconstruction and 
     Development;
       (C) the International Development Association;
       (D) the International Finance Corporation;
       (E) the Inter-American Development Bank;
       (F) the Asian Development Bank;
       (G) the Inter-American Investment Corporation;
       (H) the African Development Bank;
       (I) the African Development Fund;
       (J) the European Bank for Reconstruction and Development; 
     and
       (K) the Multilateral Investment Guaranty Agency.
       (6) Knowingly.--The term ``knowingly'' means, 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.
       (7) Security and intelligence services.--The term 
     ``security and intelligence services'' means--
       (A) the Sudan Armed Forces;
       (B) the Rapid Support Forces;
       (C) the Popular Defense Forces;
       (D) other Sudanese paramilitary units;
       (E) Sudanese police forces; and
       (F) the General Intelligence Service (previously known as 
     the National Intelligence and Security Services).
       (8) United states person.--The term ``United States 
     person'' means--
       (A) 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
       (B) 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.

     SEC. __3. FINDINGS; STATEMENT OF POLICY.

       (a) Findings.--Congress makes the following findings:
       (1) On November 17, 1958, Lieutenant General Ibrahim Abboud 
     of Sudan led the country's first coup after independence, and 
     the first successful coup in post-independence Africa.
       (2) There have been more than 200 coup attempts across 
     Africa since the 1958 coup in Sudan, including successful 
     coups in Sudan in 1969, 1985, 1989, and 2019.
       (3) On April 11, 2019, President Omar al Bashir of Sudan, 
     who came to power in a military coup in 1989, was overthrown 
     after months of popular protests by his own security chiefs, 
     who established a Transitional Military Council, led by 
     Lieutenant General Abdel Fattah al-Burhan, that ignored calls 
     from the Sudanese people to transfer power to civilians.
       (4) On August 17, 2019--
       (A) the Transitional Military Council, under domestic and 
     international pressure, signed a power-sharing agreement with 
     the Forces for Freedom and Change, a broad coalition of 
     political parties and civic groups representing the protest 
     movement that had pushed for the end of the Bashir regime and 
     a transition to civilian rule; and
       (B) a transitional government was formed that allowed the 
     junta leaders to remain in government in a partnership with 
     new civilian authorities nominated by the Forces for Freedom 
     and Change, including Prime Minister Abdallah Hamdok, for a 
     transitional period to democracy.
       (5) On October 25, 2021, Lieutenant General Burhan, with 
     the support of Lieutenant Mohamed Hamdan Dagalo (also known 
     as ``Hemedti'')--
       (A) seized control of the Government of Sudan;
       (B) deployed the military to the streets of Khartoum and 
     Omdurman;
       (C) shut down the internet in Sudan; and
       (D) detained Prime Minister Hamdok and other civilian 
     officials.
       (6) The African Union Peace and Security Council has 
     condemned the military takeover, rejected the 
     unconstitutional change of

[[Page S8509]]

     government, and on October 27, 2021, suspended Sudan from the 
     Council until the civilian-led transitional government is 
     restored.
       (7) The Troika (the United States, United Kingdom, Norway), 
     the European Union, and Switzerland ``continue to recognize 
     the Prime Minister and his cabinet as the constitutional 
     leaders of the transitional government''.
       (8) The Sudanese people have condemned the military 
     takeover and launched a campaign of peaceful civil 
     disobedience, continuing the protests for democracy that 
     began in late 2018 and reflecting a historic tradition of 
     non-violence protests led by previous generations in Sudan 
     against military regimes in 1964 and 1985.
       (9) In response to public calls for civilian rule since 
     October 25, 2021, Sudanese security forces have arbitrarily 
     detained civilians and used excessive and lethal force 
     against peaceful protesters that has resulted in civilian 
     deaths across the country.
       (10) The October 25, 2021 military takeover represents a 
     threat to--
       (A) Sudan's economic recovery and stability;
       (B) the bilateral relationship between Sudan and the United 
     States; and
       (C) regional peace and security.
       (b) Statement of Policy.--It is the policy of the United 
     States--
       (1) to support the democratic aspirations of the people of 
     Sudan and a political transition process that results in a 
     civilian government that is democratic, accountable, respects 
     the human rights of its citizens, and is at peace with itself 
     and with its neighbors;
       (2) to encourage the reform of the security sector of Sudan 
     to one that is protects citizens under a democracy and 
     respects civilian authority; and
       (3) to deter military coups and efforts by external parties 
     to support them.

     SEC. __4. IMPOSITION OF SANCTIONS.

       (a) In General.--The President shall impose the sanctions 
     described in subsection (b) with respect to any person or 
     entity that the President determines, on or after the date of 
     enactment of this Act--
       (1) is responsible for, complicit in, or directly or 
     indirectly engaged or attempted to engage in--
       (A) actions that undermine the transition to democracy in 
     Sudan, or, after elections, undermine democratic processes or 
     institutions;
       (B) actions that threaten the peace, security, or stability 
     of Sudan;
       (C) actions that prohibit, limit, or penalize the exercise 
     of freedom of expression or assembly by people in Sudan, or 
     limit access to print, online, or broadcast media in Sudan;
       (D) the arbitrary detention or torture of any person in 
     Sudan or other gross violations of internationally recognized 
     human rights in Sudan;
       (E) significant efforts to impede investigations or 
     prosecutions of alleged serious human rights abuses in Sudan;
       (F) actions that result in the misappropriation of 
     significant state assets of Sudan or manipulation of the 
     currency, or that hinder government oversight of parastatal 
     budgets and revenues;
       (G) actions that violate medical neutrality, including 
     blocking access to care and targeting first responders, 
     medical personnel, or medical institutions; or
       (H) disrupting access to communication technologies and 
     information on the internet;
       (2) is an entity owned or controlled by any person or 
     entity described in paragraph (1);
       (3) forms an entity for the purpose of evading sanctions 
     that would otherwise be imposed pursuant to subsection (b);
       (4) is acting for, or on behalf of, a person or entity 
     referred to in paragraph (1), (2), or (3);
       (5) is an entity that is owned or controlled (directly or 
     indirectly) by security and intelligence services, from which 
     1 or more persons or entities described in paragraph (1) 
     derive significant revenue or financial benefit; or
       (6) has knowingly--
       (A) provided significant financial, material, or 
     technological support--
       (i) to a foreign person or entity described in paragraph 
     (1) in furtherance of any of the acts described in 
     subparagraph (A) or (B) of such paragraph; or
       (ii) to any entity owned or controlled by such person or 
     entity or an immediate family member of such person; or
       (B) received significant financial, material, or 
     technological support from a foreign person or entity 
     described in paragraph (1) or an entity owned or controlled 
     by such person or entity or an immediate family member of 
     such person.
       (b) Sanctions; Exceptions.--
       (1) Sanctions.--
       (A) Asset blocking.--Notwithstanding section 202 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1701), 
     the exercise of all powers granted to the President by such 
     Act to the extent necessary to block and prohibit all 
     transactions in all property and interests in property of a 
     foreign person the President determines meets 1 or more of 
     the criteria described in subsection (a) 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 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, meets any of the criteria described in subsection 
     (a)--

       (I) is inadmissible to the United States;
       (II) is ineligible to receive a visa or other documentation 
     to enter the United States; and
       (III) is 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 issuing consular officer, the 
     Secretary of State, or a designee of the Secretary of State, 
     in accordance with section 221(i) of the Immigration and 
     Nationality Act (8 U.S.C. 1201(i)), shall revoke any visa or 
     other entry documentation issued to an alien described in 
     clause (i) regardless of when the visa or other entry 
     documentation was issued.
       (II) Effect of revocation.--A revocation under subclause 
     (I) shall take effect immediately and shall automatically 
     cancel any other valid visa or entry documentation that is in 
     the alien's possession.

       (2) Exception to comply with united nations headquarters 
     agreement.--Sanctions under paragraph (1)(B) shall not apply 
     with respect to 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.
       (3) Penalties.--Any person that violates, attempts to 
     violate, conspires to violate, or causes a violation of this 
     section or any regulation, license, or order issued to carry 
     out subsection (b) 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 such section.
       (4) Implementation.--The President--
       (A) 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 section; and
       (B) shall issue such regulations, licenses, and orders as 
     may be necessary to carry out this section.
       (5) Exception to comply with national security.--Activities 
     subject to the reporting requirements under title V of the 
     National Security Act of 1947 (50 U.S.C. 3091 et seq.) and 
     any authorized intelligence or law enforcement activities of 
     the United States shall be exempt from sanctions under this 
     section.
       (c) Waiver.--The President may annually waive the 
     application of sanctions imposed on a foreign person pursuant 
     to subsection (a) if the President--
       (1) determines that such waiver with respect to such 
     foreign person is in the national interest of the United 
     States; and
       (2) not later than the date on which such waiver will take 
     effect, submits notice of, and justification for, such waiver 
     to--
       (A) the appropriate congressional committees;
       (B) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate; and
       (C) the Committee on Financial Services of the House of 
     Representatives.
       (d) Sunset.--The requirement to impose sanctions under this 
     section shall cease to be effective on December 31, 2026.
                                 ______