22 U.S.C. § 10003 — Support for democratic governance, rule

Page 2311 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 10003 (§§ 1261–1270E) of title XII of div. A of Pub. L. 116–283, enacting this chapter and amending and repealing pro- visions set out as notes under section 1701 of Title 50, War and National Defense] may be cited as the ‘Sudan Democratic Transition, Accountability, and Fiscal Transparency Act of 2020’.’’ SPECIAL ENVOY FOR SUDAN Pub. L. 118–159, div. G, title LXXII, § 7204, Dec. 23, 2024, 138 Stat. 2529, provided that: ‘‘(a) ESTABLISHMENT.—The President shall, with the advice and consent of the Senate, appoint a Special Envoy for Sudan at the Department (in this section re- ferred to as the ‘Special Envoy’). The Special Envoy shall report directly to the Secretary [of State] and should not hold another position in the Department [of State] while holding the position of Special Envoy. ‘‘(b) DUTIES.—The Special Envoy shall— ‘‘(1) lead United States diplomatic efforts to sup- port negotiations and humanitarian response efforts related to alleviating the crisis in Sudan; ‘‘(2) be responsible for coordinating policy develop- ment and execution related to ending the conflict and a future path to national recovery and democratic transition in Sudan across all bureaus in the Depart- ment and coordinating with interagency partners; and ‘‘(3) consult regularly with the appropriate congres- sional committees [Committee on Foreign Relations of the Senate and Committee on Foreign Affairs of the House of Representatives] and keep such commit- tees fully and currently informed on the status of diplomatic efforts and negotiations. ‘‘(c) STAFFING.— ‘‘(1) IN GENERAL.—The Secretary shall ensure that the Special Envoy is staffed with personnel approved by the envoy, including through reassignment of po- sitions responsible for issues related to Sudan that currently exist within the Department, encouraging details or assignment of employees of the Depart- ment from regional and functional bureaus with ex- pertise relevant to Sudan, or through request for interagency details of individuals with relevant expe- rience from other United States Government depart- ments or agencies, including the Department of Treasury. ‘‘(2) BRIEFING REQUIREMENTS.—Not later than 90 days after the date of the enactment of this Act [Dec. 23, 2024], the Department should brief the appropriate congressional committees on the number of full-time equivalent positions supporting the Special Envoy and the relevant expertise and duties of any employ- ees of the Department serving as detailees. ‘‘(d) SUNSET.—The position of the Special Envoy for Sudan shall terminate on the date that is 2 years after the date of the enactment of this Act.’’ § 10002. Statement of policy It is the policy of the United States— (1) to support a civilian-led political transi- tion in Sudan that results in a democratic government, which is accountable to its peo- ple, respects and promotes human rights, is at peace internally and with its neighbors, and can be a partner for regional stability; (2) to support the implementation of Sudan’s constitutional charter for the transitional pe- riod; and (3) to pursue a strategy of calibrated engage- ment with Sudan that includes— (A) facilitating an environment for free, fair, and credible democratic elections and a pluralistic and representative political sys- tem; (B) supporting reforms that improve trans- parency and accountability, remove restric- tions on civil and political liberties, and strengthen the protection of human rights, including religious freedom; (C) strengthening civilian institutions, ju- dicial independence, and the rule of law; (D) empowering civil society and inde- pendent media; (E) promoting national reconciliation and enabling a just, comprehensive, and sustain- able peace; (F) promoting the role of women in gov- ernment, the economy, and society, in rec- ognition of the seminal role that women played in the social movement that ousted former president Omar al-Bashir; (G) promoting accountability for genocide, war crimes, crimes against humanity, and sexual and gender-based violence; (H) encouraging the development of civil- ian oversight over and professionalization of the Sudanese security and intelligence serv- ices and strengthening accountability for human rights violations and abuses, corrup- tion, or other abuses of power; (I) promoting economic reform, private sector engagement, and inclusive economic development while combating corruption and illicit economic activity, including that which involves the Sudanese security and in- telligence services; (J) securing unfettered humanitarian ac- cess across all regions of Sudan; (K) supporting improved development out- comes, domestic resource mobilization, and catalyzing market-based solutions to im- prove access to health, education, water and sanitation, and livelihoods; and (L) promoting responsible international and regional engagement. (Pub. L. 116–283, div. A, title XII, § 1263, Jan. 1, 2021, 134 Stat. 3968.) § 10003. Support for democratic governance, rule of law, human rights, and fundamental free- doms (a) Sense of Congress It is the sense of Congress that the political transition in Sudan, following several months of popular protests against the regime of Omar al- Bashir, represents an opportunity for the United States to support democracy, good governance, rule of law, human rights, and fundamental free- doms in Sudan. (b) In general Notwithstanding any other provision of law (other than the Trafficking Victims Protection Act of 2000 [22 U.S.C. 7101 et seq.] and the Child Soldiers Prevention Act of 2008), the President is authorized to provide assistance under part I and chapter 4 of part II of the Foreign Assist- ance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.)— (1) to provide for democracy and governance programs that strengthen and build the capac- ity of representative civilian government in- stitutions, political parties, and civil society in Sudan; (2) to support the organization of free, fair, and credible elections in Sudan; (3) to provide technical support for legal and policy reforms that improve transparency and Page 2312 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 10004 accountability and protect human rights, in- cluding religious freedom, and civil liberties in Sudan; (4) to support human rights and fundamental freedoms in Sudan, including the freedoms of— (A) religion or belief; (B) expression, including for members of the press; (C) assembly; and (D) association; (5) to support measures to improve and in- crease women’s participation in the political, economic, and social sectors of Sudan; and (6) to support other related democracy, good governance, rule of law, and fundamental free- dom programs and activities. (c) Authorization of appropriations Of the amounts authorized to be appropriated to carry out part I and chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) for fiscal years 2021 and 2022, $20,000,000 is authorized to be appropriated for each such fiscal year to carry out this sec- tion. (Pub. L. 116–283, div. A, title XII, § 1264, Jan. 1, 2021, 134 Stat. 3969.) Editorial Notes REFERENCES IN TEXT The Trafficking Victims Protection Act of 2000, re- ferred to in subsec. (b), is div. A of Pub. L. 106–386, Oct. 28, 2000, 114 Stat. 1466, which is classified principally to chapter 78 (§ 7101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables. The Child Soldiers Prevention Act of 2008, referred to in subsec. (b), is title IV of Pub. L. 110–457, Dec. 23, 2008, 122 Stat. 5087, which is classified principally to sections 2370c to 2370c–2 of this title. For complete classification of this Act to the Code, see Short Title of 2008 Amend- ment note set out under section 2151 of this title and Tables. The Foreign Assistance Act of 1961, referred to in sub- secs. (b) and (c), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Part I and chapter 4 of part II of the Act are classi- fied generally to part I (§ 2151 et seq.) of subchapter I and part IV (§ 2346 et seq.) of subchapter II, respec- tively, of chapter 32 of this title. For provisions deem- ing references to part I of subchapter I to include a ref- erence to section 2293 of this title, see section 2293(d)(1) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. § 10004. Support for development programs (a) In general Notwithstanding any other provision of law (other than the Trafficking Victims Protection Act of 2000 [22 U.S.C. 7101 et seq.] and the Child Soldiers Prevention Act of 2008), the President is authorized to provide assistance under part I and chapter 4 of part II of the Foreign Assist- ance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) and under the Better Utilization of In- vestments Leading to Development Act of 2018 (22 U.S.C. 9601 et seq.) for programs in Sudan— (1) to increase agricultural and livestock productivity; (2) to promote economic growth, increase private sector productivity and advance mar- ket-based solutions to address development challenges; (3) to support women’s economic empower- ment and economic opportunities for youth and previously marginalized populations; (4) to improve equal access to quality basic education; (5) to support the capacity of universities to equip students to participate in a pluralistic and global society through virtual exchange and other programs; (6) to improve access to water, sanitation, and hygiene projects; (7) to build the capacity of national and sub- national government officials to support the transparent management of public resources, promote good governance through combating corruption and improving accountability, in- crease economic productivity, and increase do- mestic resource mobilization; and (8) to support other related economic assist- ance programs and activities. (b) Authorization of appropriations Of the amounts authorized to be appropriated to carry out part I and chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) for fiscal years 2021 and 2022, $80,000,000 is authorized to be appropriated for each such fiscal year to carry out this sec- tion. (Pub. L. 116–283, div. A, title XII, § 1265, Jan. 1, 2021, 134 Stat. 3970.) Editorial Notes REFERENCES IN TEXT The Trafficking Victims Protection Act of 2000, re- ferred to in subsec. (a), is div. A of Pub. L. 106–386, Oct. 28, 2000, 114 Stat. 1466, which is classified principally to chapter 78 (§ 7101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables. The Child Soldiers Prevention Act of 2008, referred to in subsec. (a), is title IV of Pub. L. 110–457, Dec. 23, 2008, 122 Stat. 5087, which is classified principally to sections 2370c to 2370c–2 of this title. For complete classification of this Act to the Code, see Short Title of 2008 Amend- ment note set out under section 2151 of this title and Tables. The Foreign Assistance Act of 1961, referred to in sub- secs. (a) and (b), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Part I and chapter 4 of part II of the Act are classi- fied generally to part I (§ 2151 et seq.) of subchapter I and part IV (§ 2346 et seq.) of subchapter II, respec- tively, of chapter 32 of this title. For provisions deem- ing references to part I of subchapter I to include a ref- erence to section 2293 of this title, see section 2293(d)(1) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. The Better Utilization of Investments Leading to De- velopment Act of 2018, referred to in subsec. (a), is div. F of Pub. L. 115–254, Oct. 5, 2018, 132 Stat. 3485, also known as the BUILD Act of 2018. Div. F is classified principally to chapter 103 of this title. For complete classification of div. F to the Code, see Short Title note set out under section 9601 of this title and Tables. § 10005. Support for conflict mitigation (a) In general Notwithstanding any other provision of law (other than the Trafficking Victims Protection Act of 2000 [22 U.S.C. 7101 et seq.] and the Child