Overview
Title
To require the imposition of sanctions with respect to conflict in Sudan, and for other purposes.
ELI5 AI
H.R. 10268 is a plan by the U.S. to punish people causing trouble in Sudan by stopping their money and weapons, and it also tries to help people there by working with others and sending someone special to keep an eye on things.
Summary AI
H.R. 10268 is a bill requiring the United States to impose sanctions related to the conflict in Sudan. The bill emphasizes punishing those responsible for war crimes, blocking aid, and violating arms embargoes. It also supports efforts to promote peace, justice, and humanitarian aid by working with international partners and empowering local communities, especially women and youth. Additionally, the bill mandates the appointment of a Special Presidential Envoy for Sudan and the enhancement of U.S. influence at the United Nations to aid these efforts.
Published
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Bill Statistics
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AnalysisAI
The proposed bill, titled the "U.S. Engagement in Sudanese Peace Act," aims to implement sanctions and other measures in response to ongoing conflicts in Sudan. It outlines a comprehensive framework for the United States' involvement in supporting peace efforts, justice, and humanitarian aid to Sudanese civilians affected by conflict. Among its key actions, the bill mandates the President to report on international crimes, impose sanctions, support civilian-led governance, and enhance women's and youth empowerment. Additionally, it provides for the creation of a Special Presidential Envoy to coordinate diplomatic initiatives.
One significant issue with the bill is its use of ambiguous and vaguely defined terms. For instance, terms such as "survivor-centered justice" and "meaningful inclusion" lack clarity, which could lead to varied interpretations and inconsistent policy execution. This lack of specificity affects important sections of the policy, such as how the United States plans to support justice and inclusion in Sudan, leading to potential challenges in enforcement and accountability.
Moreover, the bill grants substantial discretionary power to the President in sanctioning foreign individuals and entities associated with the conflict in Sudan. While this flexibility aims to ensure swift responses to dynamic circumstances, the ability to waive sanctions based on national interest lacks transparency and specific criteria, raising concerns about potential overreach and inconsistent enforcement.
The bill also authorizes notable spending without well-defined budgets, which opens the door to unchecked allocations of resources. For example, the allocation of $4 million annually for the Special Presidential Envoy raises questions about the necessity and efficacy of this expense, given the potential for duplication of existing diplomatic efforts.
Concerning the impact of the bill on the public and stakeholders, it is designed to support Sudanese civilians by alleviating suffering, promoting peace, and facilitating transition to democratic governance. If effectively implemented, it could significantly contribute to reducing violence and improving living conditions in conflict-affected regions. However, the broad discretion given to the President and lack of financial constraints could strain U.S. resources. This raises the possibility of public criticism over foreign aid expenditures without clear benchmarks for success.
Specific stakeholders, such as local Sudanese humanitarian organizations, may benefit from increased funding and support through international aid, enhancing their capacity to deliver on-the-ground assistance. On the flip side, countries or entities identified as supporters of hostile groups in Sudan might face economic repercussions from U.S. sanctions, impacting international relations and economic engagements.
Overall, while the bill demonstrates a commitment to engaging with and resolving the Sudanese conflict, it raises several practical concerns regarding its execution and impact. Addressing issues of clarity, accountability, and financial transparency could improve its effectiveness and reception among diverse stakeholders.
Financial Assessment
The bill, H.R. 10268, involves several financial elements and appropriations that are crucial for the implementation of its objectives. Here is a detailed breakdown of these financial references and how they relate to the issues identified:
Financial Allocations and Spending
Special Presidential Envoy for Sudan
One of the key financial components in the bill is the authorization of $4,000,000 annually for five fiscal years—from 2025 to 2029—to support the establishment of a Special Presidential Envoy for Sudan. This sum is allocated for hiring personnel, including a chief of staff and advisors, and supporting the operations of the envoy. This financial commitment reflects a significant investment by the United States in diplomatic efforts specifically focused on Sudan.
Loans and Financial Transactions
The bill imposes financial restrictions as a form of sanction. It prohibits United States financial institutions from providing loans or credits exceeding $10,000,000 per year to specified foreign entities, unless these activities are directly linked to humanitarian purposes. This serves as a financial tool to exert pressure on entities involved in the conflict without constraining humanitarian operations.
Related Issues
Concerns About Unchecked Spending
The annual authorization of $4,000,000 for the Special Presidential Envoy could lead to unchecked spending, as noted in the issues. The bill stipulates this amount but lacks detailed guidance or oversight mechanisms on how this budget is to be used or evaluated for effectiveness. This could result in inefficiencies or potential wastage if the funds are not properly managed.
Duplication of Efforts
There is a risk that the role of the Special Presidential Envoy might overlap with existing diplomatic and administrative roles, possibly leading to duplications of efforts and increased overhead. This concern ties directly into the financial allocations, as additional spending on potentially redundant positions could signify a misuse of allocated funds.
Ambiguity and Accountability in Sanctions
The sanction-related financial references include potential waivers by the President, which could undermine the consistency and accountability of these financial restrictions. By not having specific criteria for these waivers, as mentioned in the issues, the bill might allow for arbitrary decisions, potentially impacting the effectiveness of these financial sanctions.
Conclusion
In summary, H.R. 10268 employs financial mechanisms both as sanctions and support for diplomatic efforts regarding the Sudanese conflict. While these appropriations highlight a commitment to addressing human rights violations and fostering peace, there are valid concerns regarding oversight, potential duplication, and the effective use of these funds. Without clear guidelines and monitoring systems, the risk of financial mismanagement could undermine the bill's objectives.
Issues
The text provides vague definitions and lacks specificity, leading to potential ambiguities in policy execution. For example, terms like 'survivor-centered justice' and 'meaningful inclusion' could be interpreted in various ways (Section 2).
The imposition of sanctions detailed in the bill grants considerable discretion to the President, which might lead to inconsistent enforcement or potential overreach. The waiver provision allows the President to bypass sanctions if deemed in the national interest without detailed criteria, leading to concerns about accountability (Section 103).
The bill authorizes significant spending without clearly defined budgets or financial limits, raising concerns about unchecked spending or resource allocation—such as the $4,000,000 annual authorization for the Special Presidential Envoy for Sudan (Sections 202 and 204).
The role of the Special Presidential Envoy for Sudan may duplicate existing efforts, potentially leading to inefficiencies and wasteful spending. This duplication could increase overhead costs without adding value (Section 202).
The bill’s language is complex and filled with jargon, potentially obscuring key actions and consequences from the general public and making it difficult for individuals to fully grasp the bill’s intent and scope (Section 1).
The absence of specific guidelines for implementing, monitoring, and reporting on the various strategies and actions risks inefficiencies and ineffective execution. This includes lack of clarity on funding grassroots organizations and defining measures of success (Section 201).
The bill does not specify which congressional committees are deemed 'appropriate,' leading to potential administrative confusion and delays in reporting or sanctions enforcement (Section 102).
The term 'market-based assistance' is not clearly defined, leading to potential ambiguity in implementation and assessment of humanitarian strategies (Section 3).
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title and table of contents Read Opens in new tab
Summary AI
This section outlines the title and table of contents for the "U.S. Engagement in Sudanese Peace Act", detailing various articles including policy statements, Congressional views, sanctions authorities, and additional provisions such as strategies for engagement and supporting international efforts related to Sudan.
2. Statement of policy Read Opens in new tab
Summary AI
The United States aims to support a peace process in Sudan that involves women, youth, and marginalized communities, seeks justice for international law violations, and promotes a transition to democracy. The strategy includes coordinating international peace efforts, ensuring humanitarian aid delivery, preventing mass atrocities, and supporting inclusive dialogues for democracy.
3. Sense of Congress Read Opens in new tab
Summary AI
Congress expresses its opinion that the U.S. should impose sanctions on leaders and certain family members of the Rapid Support Forces and the Sudanese Armed Forces linked to serious crimes, and that the United Nations should expand its arms embargo on Sudan. Additionally, Congress suggests using U.N. funds for an African Union force to assist in humanitarian efforts and encourages USAID to better support local aid groups in Sudan.
101. Report on international crimes and blocking humanitarian aid Read Opens in new tab
Summary AI
The President is required to submit a report to Congress within 60 days identifying any foreign individuals involved in serious crimes, such as genocide or blocking humanitarian aid, in Sudan since April 2023. Additionally, the President must update this report every year for the next five years.
102. Report on foreign entities violating the United Nations arms embargo on Darfur Read Opens in new tab
Summary AI
The section requires the President to submit a report to Congress within 60 days, identifying any foreign entities violating the United Nations arms embargo on Darfur. Additionally, the President must provide an annual update to this report for the next five years.
103. Sanctions required Read Opens in new tab
Summary AI
The section requires the President to impose specific sanctions on foreign individuals identified in certain reports within 60 days, detailing various financial and entry restrictions. Exceptions exist for international obligations, humanitarian efforts, and national security, with the President able to waive sanctions if vital to U.S. interests, provided Congress is notified.
Money References
- (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.
104. Termination of sanctions Read Opens in new tab
Summary AI
The President has the power to lift sanctions on a person if it's determined they didn't engage in the actions leading to sanctions, have changed their behavior, or if lifting the sanctions benefits the U.S. Additionally, sanctions concerning humanitarian aid in Sudan end if a peace agreement is implemented.
105. Definitions Read Opens in new tab
Summary AI
The section defines several key terms: "appropriate congressional committees" refers to specific committees in the House of Representatives and the Senate; "foreign person" is anyone who is not a U.S. person; and "United States person" includes U.S. citizens, permanent residents, and organizations formed under U.S. laws.
201. Strategy Read Opens in new tab
Summary AI
The section requires the President to submit a strategy to Congress within 120 days to help protect civilians, deliver humanitarian aid, and achieve peace in Sudan. This includes plans for ceasefire negotiations, promoting civilian political dialogue, supporting grassroots organizations, providing training for human rights defenders, implementing a sanctions strategy, and identifying countries that support military groups in Sudan.
202. Special Presidential Envoy for Sudan Read Opens in new tab
Summary AI
The section outlines the creation of a Special Presidential Envoy for Sudan, appointed by the President to lead U.S. efforts in addressing the crisis in Sudan and work with international partners. The envoy's duties include coordinating diplomatic efforts, consulting with various groups, and having dedicated staff, with a set budget of $4 million per fiscal year from 2025 to 2029, and the position may be terminated five years after enactment of the Act.
Money References
- (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 Read Opens in new tab
Summary AI
The section instructs the Secretary of State and the U.S. Ambassador to the United Nations to use their influence to ensure humanitarian aid reaches Sudan, to support efforts in documenting war crimes, to develop plans for protecting civilians, and to push for peace in Sudan.
204. Assistance to deploy and sustain a United Nations, African Union, or multinational force Read Opens in new tab
Summary AI
The section authorizes the Secretary of State, in consultation with the USAID Administrator, to provide assistance for a United Nations, African Union, or multinational force in Sudan to protect civilians, support humanitarian efforts, and monitor potential ceasefire agreements. It requires the force to commit to specific conditions regarding the usage and transfer of assistance, and involves consultation with various international stakeholders to develop further civilian protection options.
205. Empowering Sudanese women and youth Read Opens in new tab
Summary AI
The section outlines efforts led by the Secretary of State and the U.S. Agency for International Development to ensure that Sudanese women and youth can safely and effectively participate in resolving conflicts and rebuilding their communities. It emphasizes involving them in preventing violence, delivering humanitarian aid, and promoting justice and democratic governance in line with the Women, Peace, and Security Act of 2017.
206. Prohibition on sale and licensing of major defense equipment Read Opens in new tab
Summary AI
The section prohibits the sale, export, or transfer of major defense equipment to countries supporting the Rapid Support Forces (RSF) or the Sudanese Armed Forces (SAF), but allows the President to waive this prohibition if it's essential for national interests, provided that Congress is notified with a detailed explanation within 15 days. The "appropriate congressional committees" include specific committees on Foreign Affairs and Appropriations in both the House of Representatives and the Senate.
207. Certification and report on non-restriction of United States humanitarian assistance in Sudan Read Opens in new tab
Summary AI
The President is required to report to Congress within 90 days about any country that limits or stops U.S. humanitarian aid from reaching Sudan, detailing how often the U.S. has bypassed such restrictions using certain legal powers. This report should be public, although it might include a confidential section.
208. Report on United States weapons being used in Sudan Read Opens in new tab
Summary AI
The section requires the Secretary of State, along with the Secretary of Defense and the Director of National Intelligence, to report to congressional committees within 180 days about U.S.-made weapons being used in Sudan. The report should assess whether these weapons are used by belligerents, identify types of weapons, analyze control chains, and outline actions to prevent their use by belligerents, and it should be primarily unclassified, potentially with a separate classified annex.