[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4169 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 4169

 To require the development of a comprehensive strategy to end serious 
human rights violations in Sudan, to create incentives for governments 
   and persons to end support of and assistance to the Government of 
Sudan, to reinvigorate genuinely comprehensive peace efforts in Sudan, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 8, 2012

     Mr. McGovern (for himself, Mr. Wolf, Mr. Capuano, Ms. Lee of 
 California, Mr. Miller of North Carolina, Mr. Olver, and Ms. Jackson 
Lee of Texas) introduced the following bill; which was referred to the 
  Committee on Foreign Affairs, and in addition to the Committees on 
Financial Services, Oversight and Government Reform, and the Judiciary, 
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 require the development of a comprehensive strategy to end serious 
human rights violations in Sudan, to create incentives for governments 
   and persons to end support of and assistance to the Government of 
Sudan, to reinvigorate genuinely comprehensive peace efforts in Sudan, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--The Act may be cited as the ``Sudan Peace, 
Security, and Accountability Act of 2012''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings.
Sec. 4. Statement of policy.
Sec. 5. Requirement of a comprehensive strategy to end serious human 
                            rights violations and to create peace 
                            throughout Sudan.
Sec. 6. Sanctionable acts.
Sec. 7. Description of sanctions.
Sec. 8. Ineligibility for visas and admission to the United States.
Sec. 9. Prohibition on all transactions in property, goods, and 
                            technology.
Sec. 10. Expanding sanctions and other authorities in support of peace 
                            in Sudan.
Sec. 11. Report.
Sec. 12. Termination of sanctions.

SEC. 2. DEFINITIONS.

            (1) Admitted; alien.--The terms ``admitted'' and ``alien'' 
        have the meanings given those terms in section 101 of the 
        Immigration and Nationality Act (8 U.S.C. 1101).
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Banking, Housing, and Urban 
                Affairs, the Committee on Foreign Relations, the 
                Committee on the Judiciary, and the Select Committee on 
                Intelligence of the Senate; and
                    (B) the Committee on Financial Services, the 
                Committee on Foreign Affairs, the Committee on the 
                Judiciary, and the Permanent Select Committee on 
                Intelligence of the House of Representatives.
            (3) Financial institution.--The term ``financial 
        institution'' has the meaning given that term under section 
        5312(a)(2) of title 31, United States Code.
            (4) Government of sudan.--The term ``Government of Sudan'' 
        means--
                    (A) the government in Khartoum, Sudan, which is led 
                by the National Congress Party; or
                    (B) any successor government formed on or after the 
                date of the enactment of this Act.
            (5) Military equipment.--The term ``military equipment'' 
        means--
                    (A) weapons, arms, supplies, or parts that readily 
                may be used for military purposes, including radar 
                systems, aerial weapons, or military-grade transport 
                vehicles; or
                    (B) supplies or services sold or provided directly 
                or indirectly to any person or government 
                participating, supporting, or assisting in armed 
                conflict in Sudan.
            (6) Person.--The term ``person'' has the meaning given such 
        term in section 2(9) of the Sudan Accountability and Divestment 
        Act of 2007 (50 U.S.C. 1701 note; Public Law 110-174), 
        including any board of directors or executives of such a 
        person.
            (7) Support.--The term ``support'' or ``supported'' means--
                    (A) any type of material, financial, or logistical 
                assistance; or
                    (B) in the case of the Government of Sudan, failure 
                to prevent or punish serious human rights violations by 
                a person in Sudan that is committing or assisting in 
                the commission of serious human rights violations.
            (8) Serious violations of human rights.--The term ``serious 
        violations of human rights'' includes the following:
                    (A) Genocide, as described in section 1091 of title 
                18, United States Code.
                    (B) Torture, as such term is defined in section 
                2340 of title 18, United States Code.
                    (C) War crimes, as such term is defined in 
                subsections (c) and (d) of section 2441 of title 18, 
                United States Code.
                    (D) Consistent patterns of gross violations of 
                internationally recognized human rights as described in 
                section 502b(a) of the Foreign Assistance Act of 1961.
                    (E) Persecution, as interpreted by judicial and 
                administrative case law in the application of section 
                101(a)(42) of the Immigration and Nationality Act (8 
                U.S.C. 1101(a)(42)).
                    (F) Acts or omissions described in the President's 
                ``Proclamation 8697--Suspension of Entry as Immigrants 
                and Nonimmigrants of Persons Who Participate in Serious 
                Human Rights and Humanitarian Law Violations and Other 
                Abuses'' (Aug. 4, 2011).

SEC. 3. FINDINGS.

    (a) Findings.--Congress makes the following findings:
            (1) On October 21, 2002, the ``Sudan Peace Act'' was 
        enacted into law as Public Law 107-245.
            (2) On July 22, 2004--
                    (A) the House of Representatives adopted House 
                Concurrent Resolution 467 by a vote of 422-0, 
                concluding that crimes in Darfur constituted genocide; 
                and
                    (B) the Senate adopted Senate Concurrent Resolution 
                1330 by unanimous consent and declared, ``[T]he 
                atrocities unfolding in Darfur, Sudan, are genocide.''.
            (3) On September 9, 2004, then-Secretary of State Colin 
        Powell testified before the Committee on Foreign Relations of 
        the Senate that ``genocide has occurred and may still be 
        occurring in Darfur'' and ``the Government of Sudan and the 
        Janjaweed bear responsibility''.
            (4) On December 23, 2004, the ``Comprehensive Peace in 
        Sudan Act of 2004'' was enacted into law as Public Law 108-497.
            (5) On October 13, 2006, the ``Darfur Peace and 
        Accountability Act of 2006'' was enacted into law as Public Law 
        109-344.
            (6) On April 27, 2007, the International Criminal Court 
        (ICC) issued arrest warrants for--
                    (A) former Sudanese Minister of the Interior Ahmad 
                Muhammad Harun, who currently serves as Governor of the 
                Sudanese state of South Kordofan, on 20 counts of 
                crimes against humanity and 22 counts of war crimes in 
                Darfur; and
                    (B) Janjaweed Commander Ali Muhammad Ali Abd-Al-
                Rahman (``Ali Kushayb'') on 22 counts of crimes against 
                humanity and 28 counts of war crimes.
            (7) On December 31, 2007, the ``Sudan Accountability and 
        Divestment Act of 2007'' was enacted into law as Public Law 
        110-174.
            (8) In May 2008, the Government of Sudan invaded Abyei and 
        has since forcibly removed the Ngok Dinka population, despite 
        signing the Abyei Roadmap Agreement that called for arbitration 
        to resolve the boundary dispute.
            (9) On March 4, 2009, the ICC issued an arrest warrant for 
        Omar al-Bashir, the sitting President of Sudan, on two counts 
        of war crimes and five counts of crimes against humanity 
        related to Darfur.
            (10) On July 10, 2010, the ICC issued a second arrest 
        warrant for Omar al-Bashir, the sitting President of Sudan, on 
        three counts of genocide related to Darfur.
            (11) On May 21, 2011, the Government of Sudan invaded the 
        disputed Abyei region which resulted in the displacement of 
        more than 113,000 civilians, almost all of whom were Ngok 
        Dinka, and has not withdrawn its forces despite entering into 
        an agreement to do so.
            (12) A United Nations report, dated May 29, 2011, stated 
        that the invasion of the Abyei region by the Sudanese Armed 
        Forces (SAF) could lead to ``ethnic cleansing''.
            (13) On June 5, 2011, fighting erupted in South Kordofan, 
        which included the aerial bombardment of civilian areas by the 
        Sudanese Air Force, resulting in the displacement of more than 
        200,000 civilians. On September 1, 2011, similar fighting broke 
        out in Blue Nile.
            (14) In July 2011, the Government of Sudan signed the Doha 
        Document for Peace in Darfur with one rebel group, but the 
        agreement did not include other significant groups.
            (15) Aerial bombardments in civilian areas of South 
        Kordofan and Blue Nile have severely impeded the ability of the 
        population to engage in normal agricultural activities, leading 
        to the potential for a massive famine affecting hundreds of 
        thousands of people, and has caused widespread displacement of 
        civilians. Moreover, the Government of Sudan has continually 
        blocked humanitarian relief to vulnerable populations 
        devastated by its aerial bombardments. The Famine Early Warning 
        Systems Network warns that conditions in these two states are 
        anticipated to reach emergency levels by March 2012. This is 
        one level short of famine.
            (16) On August 15, 2011, the United Nations Office of the 
        High Commissioner for Human Rights released a preliminary 
        report stating that alleged violations of international law by 
        Sudanese forces in the South Kordofan region ``may constitute 
        war crimes and crimes against humanity''. Reported violations 
        included extrajudicial killings, arbitrary arrests and illegal 
        detention, forced disappearances, aerial bombardments and 
        attacks against civilians, looting and destruction of civilian 
        homes and villages, massive displacement, attacks on churches, 
        interference with medical and humanitarian assistance, and 
        allegations of targeted attacks against ethnic and racial 
        groups and the existence of mass graves.
            (17) On March 1, 2012, the ICC issued an arrest warrant 
        against the current Sudanese Defense Minister Abdel Raheem 
        Muhammad Hussein for crimes against humanity and war crimes 
        committed in Darfur from August 2003 to March 2004.
            (18) Recent offensive operations in South Kordofan and Blue 
        Nile by Sudanese Armed Forces have led to significant and 
        increasing flows of refugees to Ethiopia and South Sudan, and 
        on November 10, 2011, reports by the United Nations indicated 
        that aerial bombardment by the Sudanese Armed Forces was used 
        against a refugee camp in South Sudan. On January 24, 2012, 
        UNHCR again condemned an air raid carried out at a refugee 
        transit site located within South Sudan.
            (19) Reports of cross border ground attacks by Sudan into 
        South Sudan, aerial bombardment inside South Sudan and the 
        increasing presence of Sudanese military forces close to the 
        border between Sudan and South Sudan are provocative acts that 
        raise tensions between the two countries, increasing the risk 
        of a military conflict and the aggravation of the humanitarian 
        crisis.
            (20) During 2011, the United Nations documented that over 
        half a million people had been displaced as a result of 
        violence in Darfur, South Kordofan, Blue Nile, and Abyei.
            (21) There is sufficient evidence to conclude that the 
        Government of Sudan and persons controlled or supported by the 
        Government of Sudan are using military equipment to commit or 
        assist in committing serious human rights violations.

SEC. 4. STATEMENT OF POLICY.

    (a) Statement of Policy.--It shall be the policy of the United 
States to take urgent action to--
            (1) promote a genuinely comprehensive approach to resolving 
        all issues related to serious human rights violations and 
        political instability in Sudan, with the goal of encouraging a 
        single, comprehensive agreement that provides a framework for 
        democratic reform and lasting peace throughout all of Sudan, as 
        well as a transparent, fair, and all-inclusive constitutional 
        process;
            (2) identify actions to provide immediate protection to 
        noncombatants throughout Sudan who have been victims of serious 
        human rights violations or are vulnerable to becoming victims 
        of serious human rights violations, including--
                    (A) demanding that the Government of Sudan permit 
                free and unfettered access for international 
                humanitarian aid throughout Sudan, including throughout 
                Darfur, South Kordofan, Blue Nile, and Abyei, and 
                absent such agreement, the United States should seek 
                other mechanisms to mitigate the effects of the lack of 
                such humanitarian aid;
                    (B) considering options, including in consultation 
                with key international and regional actors described in 
                paragraph (6), in which the United States could enforce 
                the existing United Nations-imposed ban on offensive 
                military flights over Darfur, as well as an extension 
                of that ban to include South Kordofan, Blue Nile, and 
                Abyei;
                    (C) calling upon all persons and governments to 
                immediately cease all selling, leasing, loaning, 
                exporting, or otherwise transferring of military 
                equipment to the Government of Sudan or to any person 
                controlled or supported by the Government of Sudan; and
                    (D) urging the United Nations Security Council to--
                            (i) ban all sales, leases, loans, exports, 
                        or transfers of military equipment to the 
                        Government of Sudan or any person controlled or 
                        supported by the Government of Sudan;
                            (ii) expand the existing ban on all 
                        military flights over Darfur provided for under 
                        paragraph 6 of United Nations Security Council 
                        Resolution 1591 (2005) to other areas of Sudan 
                        where there are currently serious human rights 
                        violations occurring, including in South 
                        Kordofan, Blue Nile, and Abyei; and
                            (iii) authorize a peacekeeping force to any 
                        area of Sudan not currently served by such a 
                        force and for which there is credible evidence 
                        of serious human rights violations;
            (3) promote free and transparent democratic reform in 
        Sudan, including exploring methods through which the United 
        States can provide technical support and funding to promote 
        democratic institutions, nongovernmental organizations, civil 
        society, and representative political participation in Sudan;
            (4) hold persons and governments accountable for committing 
        or assisting in the commission of in serious human rights 
        violations, or for supporting or assisting those persons and 
        governments that commit or assist in the commission of human 
        rights violations, including--
                    (A) ensuring that all sanctions in effect against 
                the Government of Sudan are exercised against all 
                applicable Government of Sudan-controlled or supported 
                persons and property, bearing in mind that the 
                Government of Sudan may have nominally transferred 
                certain state-controlled or supported persons and 
                property to leaders within the National Congress Party 
                (NCP) while preserving Government of Sudan control over 
                or support of those persons and financial interests;
                    (B) expanding sanctions to target the Government of 
                Sudan and persons controlled or supported by the 
                Government of Sudan in the commission or assistance of 
                serious human rights violations througout Sudan, 
                including in Darfur, South Kordofan, Blue Nile, or 
                Abyei;
                    (C) formulating and enforcing sanctions against 
                persons or governments outside of Sudan that support or 
                assist the Government of Sudan or persons controlled or 
                supported by the Government of Sudan in the commission 
                or assistance of serious human rights violations in 
                Sudan;
                    (D) urging the United Nations Security Council to--
                            (i) create a more comprehensive, 
                        international set of sanctions against the 
                        Government of Sudan and persons controlled or 
                        supported by the Government of Sudan that 
                        commit, assist in, or otherwise support serious 
                        human rights violations in Sudan;
                            (ii) expand the ICC's mandate beyond only 
                        Darfur to cover all of Sudan, including South 
                        Kordofan, Blue Nile, and Abyei; and
                            (iii) adopt the broadest authority 
                        possible, including the application of the 
                        United Nations' Charter Chapter 7 powers, to 
                        execute any ICC arrest warrants issued against 
                        any person in Sudan;
                    (E) encouraging countries to cooperate in executing 
                ICC arrest warrants related to allegations of genocide, 
                war crimes, and crimes against humanity in Sudan; and
                    (F) determining the extent of serious human rights 
                violations throughout Sudan, including in Darfur, South 
                Kordofan, Blue Nile, and Abyei, which may include 
                sending an assessment team to interview refugees in 
                Ethiopia and South Sudan;
            (5) ensure the resolution of all outstanding issues between 
        the Governments of Sudan and South Sudan, including--
                    (A) enhancing diplomacy with the African Union High 
                Level Implementation Panel, the United Nations, and 
                other key international and regional actors described 
                in paragraph (6) that have significant influence or 
                interests related to the region to assist the 
                Governments of Sudan and South Sudan to continue high 
                level engagement to resolve outstanding issues, 
                including the final status of Abyei, the disputed 
                border areas, transitional financial arrangements, and 
                outstanding oil-related issues in order to address 
                points of conflict and ensure a peaceful relationship 
                between the two countries; and
                    (B) insisting that the Governments of Sudan and 
                South Sudan respect the political independence and 
                territorial integrity of neighboring countries; and
            (6) engage with key international and regional actors, 
        including the African Union, the United Nations, the European 
        Union, the League of Arab States, China, Russia, Ethiopia, 
        Qatar, Turkey, and other governments and persons that have 
        significant influence or interests related to Sudan, in order 
        to achieve the policies of this section and the overall goals 
        of this Act.

SEC. 5. REQUIREMENT OF A COMPREHENSIVE STRATEGY TO END SERIOUS HUMAN 
              RIGHTS VIOLATIONS AND TO CREATE PEACE THROUGHOUT SUDAN.

    (a) Requirement for Development and Submission of Comprehensive 
Strategy.--Not later than 180 days after the date of the enactment of 
this Act, the President shall develop and transmit to the appropriate 
congressional committees a comprehensive strategy in accordance with 
the statement of policy specified in section 4.
    (b) Contents of Strategy.--The strategy required under subsection 
(a) shall include the following:
            (1) The development of an interagency framework to plan, 
        coordinate, and review the diplomatic, economic, intelligence, 
        and military actions and capabilities of United States policy 
        regarding Sudan. The agencies involved shall include the 
        following:
                    (A) The Department of State and the United States 
                Agency for International Development (USAID), including 
                the Special Envoy for Sudan, the Bureau of Democracy, 
                Human Rights, and Labor (DRL), the Bureau of Conflict 
                and Stabilization Operations, and USAID's Bureau of 
                Democracy, Conflict, and Humanitarian Assistance.
                    (B) The Department of Treasury, including the 
                Office of Foreign Assets Control (OFAC).
                    (C) The Department of Homeland Security.
                    (D) The Department of Commerce, including the 
                Bureau of Industry and Security (BIS).
                    (E) The Department of Defense.
                    (F) The National Security Council.
                    (G) The Office of the Director of National 
                Intelligence and the Central Intelligence Agency.
            (2) A description of the United States diplomatic, 
        economic, intelligence, and military actions and capabilities 
        engaged, as of the date of the enactment of this Act, with 
        Sudan, including multilateral efforts.
            (3) A review of governments and persons outside of Sudan 
        that provide diplomatic, economic, intelligence, and military 
        support or assistance to the Government of Sudan, including 
        governments and persons that facilitate the export of military 
        equipment to Sudan.
            (4) A list of governments and persons identified in 
        paragraph 3 that may be committing sanctionable acts (as 
        defined in section 6).
            (5) A process for providing timely and regular information 
        to the President for the purpose of determining whether a 
        government or person may be committing sanctionable acts (as 
        defined in section 6).
            (6) An assessment of the United States diplomatic, 
        economic, intelligence, and military actions and capabilities 
        that reasonably may be utilized, strengthened, or improved to 
        further the objective of ending serious human rights violations 
        in Sudan and of promoting a nationwide, comprehensive peace and 
        democratic reform strategy. This assessment should include 
        multilateral and bilateral efforts through the United Nations, 
        other governments and persons that have significant influence 
        or interests in Sudan, and humanitarian NGOs.
    (c) Form.--The strategy shall be submitted in unclassified form, 
but may include a classified annex.

SEC. 6. SANCTIONABLE ACTS.

    (a) Providing Support or Assistance in the Commission of Serious 
Human Rights Violations in Sudan.--The President shall impose on any 
person or government at least two of the sanctions specified in section 
7 if the President determines and certifies to the appropriate 
congressional committees that such person or government has supported 
or assisted the Government of Sudan or any person controlled or 
supported by the Government of Sudan in the commission, or assistance 
in the commission, of serious human rights violations in Sudan, 
including by--
            (1) selling, leasing, loaning, exporting, or otherwise 
        transferring military equipment to the Government of Sudan or 
        any person controlled or supported by the Government of Sudan; 
        or
            (2) providing in any 12-month period any property, goods, 
        technology, services, or other support in the amount of 
        $500,000 or more, or any combination of such items or support 
        the aggregate of which exceeds $500,000 in any such period, 
        that directly and significantly contributes to the Government 
        of Sudan or any person controlled or supported by the 
        Government of Sudan to commit or assist in the commission of 
        serious human rights violations.
    (b) Interfering With Humanitarian Aid.--The President shall impose 
on any person or government at least two of the sanctions specified in 
section 7 if the President determines and certifies to the appropriate 
congressional committees that such person or government is interfering 
or has interfered with the delivery of humanitarian aid to Sudan.
    (c) Impeding or Threatening Peace and Stability in Sudan.--The 
President shall impose on any person or government at least two of the 
sanctions specified in section 7 if the President determines and 
certifies to the appropriate congressional committees that such person 
or government is impeding the peace process or threatening the 
stability of any part of Sudan or the region.
    (d) Failure To Execute ICC Arrest Warrants Against Government of 
Sudan Officials.--The President shall impose on any person or 
government at least two of the sanctions specified in section 7 if the 
President determines and certifies to the appropriate congressional 
committees that such person or government has failed to execute an 
International Criminal Court arrest warrant against any Government of 
Sudan official if such person or government--
            (1) had the jurisdictional authority to execute the 
        warrant;
            (2) had the opportunity to execute the warrant; and
            (3) failed to do so without reasonable justification.
    (e) Exception for South Sudan.--No sanctions or other prohibitions 
described in this Act shall be imposed on any government or person that 
is acting on behalf of the Government of South Sudan in connection 
with--
            (1) the shipment or payment for oil from South Sudan; or
            (2) the advancement of peace between Sudan and South Sudan.
    (f) Exception for Sales of Humanitarian Aid, Including Food, 
Medicine, and Medical Devices.--No sanctions or other prohibitions 
described in this Act shall be imposed on any government or person that 
is or has conducted or facilitated the provision or sale of 
humanitarian aid, including food, medicine, or medical devices, to the 
Government of Sudan or any person controlled or supported by the 
Government of Sudan.

SEC. 7. DESCRIPTION OF SANCTIONS.

    (a) Sanctions.--The sanctions referred to in section 6 are the 
following:
            (1) The withdrawal, limitation, or suspension of United 
        States development assistance under part I of the Foreign 
        Assistance Act of 1961.
            (2) Directing the Export-Import Bank of the United States, 
        the Overseas Private Investment Corporation, or the Trade and 
        Development Agency to not approve the issuance of any (or a 
        specified number of) guarantees, insurance, extensions of 
        credit, or participation in an extension of credit with respect 
        to the person or government identified by the President under 
        section 6 of this Act.
            (3) The withdrawal, limitation, or suspension of United 
        States security assistance under part II of the Foreign 
        Assistance Act of 1961.
            (4) In accordance with section 701 of the International 
        Financial Institutions Act, directing the United States 
        executive director at international financial institutions 
        referred to in such section to oppose and vote against loans 
        primarily benefitting the person or government identified by 
        the President under section 6 of this Act.
            (5) Ordering the heads of the appropriate United States 
        departments and agencies not to issue any (or a specified 
        number of) specific licenses, and not to grant any other 
        specific authority (or a specified number of authorities), to 
        export any goods or technology to the person or government 
        identified by the President under section 6 of this Act, 
        under--
                    (A) the Export Administration Act of 1979 (as 
                continued in effect by the International Emergency 
                Economic Powers Act);
                    (B) the Arms Export Control Act;
                    (C) the Atomic Energy Act of 1954; or
                    (D) any other statute that requires the prior 
                review and approval of the United States Government as 
                a condition for the export or re-export of goods or 
                services.
            (6) Prohibiting any United States financial institution or 
        person from making loans or providing credits totaling more 
        than $500,000 in any 12-month period to the person or 
        government identified by the President under section 6 of this 
        Act.
            (7) Prohibiting the United States Government from 
        procuring, or entering into any contract for the procurement 
        of, any goods or services from the person or government 
        identified by the President under section 6 of this Act.
            (8) Downgrading, suspending, or canceling at least one 
        official, economic, cultural, or scientific visit, meeting, or 
        contact between any person or government within the 
        jurisdiction of the United States and the government identified 
        by the President under section 6 of this Act.
    (b) Presidential Authority for Additional Sanctions.--The President 
may impose additional sanctions not specified in subsection (a) 
pursuant to the International Emergency Economic Powers Act (50 U.S.C. 
1701 et seq.) with respect to any person or government identified by 
the President under section 6 of this Act.
    (c) Waiver.--The President may waive the application of section 6 
of this Act with respect to any person or government identified by the 
President under such section if the President determines that such a 
waiver is in the national interests of the United States. At least 30 
days before granting such a waiver, the President shall provide the 
appropriate congressional committees notice of, and a justification 
for, such waiver.

SEC. 8. INELIGIBILITY FOR VISAS AND ADMISSION TO THE UNITED STATES.

    (a) In General.--An alien is ineligible to receive any visa to 
enter the United States if the President has made a determination 
regarding the alien under section 6.
    (b) Revocation.--The Secretary of State shall revoke, including 
retroactively revoke if the alien has been admitted to the United 
States, in accordance with section 221(i) of the Immigration and 
Nationality Act (8 U.S.C. 1201(i)), the visa or other documentation of 
any alien if the President has made a determination regarding the alien 
under section 6 of this Act.
    (c) Inadmissibility and Removability.--
            (1) Inadmissibility.--An arriving alien may be charged 
        under any applicable provision of section 212 of the 
        Immigration and Nationality Act if the President has made a 
        determination regarding the alien under section 6.
            (2) Removability.--An alien admitted to the United States 
        may be charged under any applicable provision of section 237 of 
        the Immigration and Nationality Act if the President has made a 
        determination regarding the alien under section 6.
    (d) Certain Family Members Also Ineligible for Visas and 
Admission.--The following persons, if they are aliens, are subject to 
subsections (a) through (c) if the President has made a determination 
under section 6 with respect to an alien:
            (1) The spouse of the alien identified by the President 
        under section 6.
            (2) The natural, adopted, or step- son or daughter of the 
        alien so identified.
            (3) The natural or legal parents, step-parents, or 
        guardians of the alien so identified.
            (4) The natural or legal grandparents or step-grandparents 
        of the alien so identified.
    (e) Visa Waiver.--The Secretary of State may waive the application 
of subsections (a), (b), and (d) if the Secretary determines that such 
a waiver is in the national interests of the United States. At least 30 
days before granting such a waiver, the Secretary shall provide to the 
appropriate congressional committees notice of, and a justification 
for, the waiver.
    (f) Inadmissibility and Removal Waiver.--The Secretary of Homeland 
Security may waive the application of subsections (c) and (d) if the 
Secretary determines that such a waiver is in the national interests of 
the United States. At least 30 days before granting such a waiver, the 
Secretary shall provide to the appropriate congressional committees 
notice of, and a justification for, the waiver.

SEC. 9. PROHIBITION ON ALL TRANSACTIONS IN PROPERTY, GOODS, AND 
              TECHNOLOGY.

    (a) Prohibition of Property Transactions.--The Secretary of the 
Treasury shall block and prohibit all transactions in all property and 
interests in property, including any goods or technology, of any person 
or government in the United States, that come within the United States, 
or that are or come within the possession or control of a person within 
the jurisdiction of the United States, if a person or government--
            (1) is designated by the President under section 6; or
            (2) acts as an agent of or on behalf of a person or 
        government designated by the President under section 6 in a 
        matter relating to the activity for which the person or 
        government was added to that list.
    (b) Waiver for National Interests.--The Secretary of the Treasury 
may waive the application of subsection (a) if the Secretary determines 
that such a waiver is in the national interests of the United States. 
At least 30 days before granting such a waiver, the Secretary shall 
provide to the appropriate congressional committees notice of, and a 
justification for, the waiver.
    (c) Enforcement.--
            (1) Penalties.--A person or government 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 this section shall be subject to the 
        penalties specified 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.
            (2) Requirements for financial institutions.--
                    (A) In general.--Not later than 120 days after the 
                date of the enactment of this Act, the Secretary of the 
                Treasury shall prescribe regulations to require each 
                financial institution in the United States--
                            (i) to perform an audit of the assets 
                        within the possession or control of the 
                        financial institution to determine whether any 
                        of such assets are required to be frozen 
                        pursuant to subsection (a); and
                            (ii) to submit to the Secretary--
                                    (I) a report containing the results 
                                of the audit; and
                                    (II) a certification that, to the 
                                best of the knowledge of the financial 
                                institution, the financial institution 
                                has frozen all assets within the 
                                possession or control of the financial 
                                institution that are required to be so 
                                frozen.
                    (B) Penalties.--The penalties provided for in 
                sections 5321(a) and 5322 of title 31, United States 
                Code, shall apply to a financial institution that 
                violates a regulation prescribed under subparagraph (A) 
                in the same manner and to the same extent as such 
                penalties would apply to any person that is otherwise 
                subject to such sections 5321(a) or 5322.
    (d) Regulatory Authority.--The Secretary of the Treasury shall 
issue such regulations, licenses, or orders as are necessary to carry 
out this section.

SEC. 10. EXPANDING SANCTIONS AND OTHER AUTHORITIES IN SUPPORT OF PEACE 
              IN SUDAN.

    (a) Blocking of Assets and Restriction on Visas of Certain 
Individuals Identified by the President.--Section 6(c) of the 
Comprehensive Peace in Sudan Act of 2004 (Public Law 108-497; 50 U.S.C. 
1701 note) is amended--
            (1) by striking ``Darfur Peace and Accountability Act of 
        2006'' each place it appears and inserting ``Sudan Peace, 
        Security, and Accountability Act of 2012''; and
            (2) by striking ``in Darfur'' each place it appears and 
        inserting ``in Sudan''.
    (b) Sanctions Against Janjaweed Commanders and Coordinators or 
Other Individuals.--Section 5(c) of the Darfur Peace and Accountability 
Act of 2006 (Public Law 109-344; 50 U.S.C. 1701 note) is amended--
            (1) by inserting ``and as amended by section 10(a) of the 
        Sudan Peace, Security, and Accountability Act of 2012'' after 
        ``as added by subsection (a)''; and
            (2) by striking ``in Darfur'' and inserting ``in Sudan''.
    (c) Additional Authorities To Deter and Suppress Genocide in 
Sudan.--
            (1) In general.--Section 6 of the Darfur Peace and 
        Accountability Act of 2006 (Public Law 109-344; 50 U.S.C. 1701 
        note) is amended--
                    (A) in the section heading, by striking ``genocide 
                in darfur'' and inserting ``human rights violations in 
                sudan'';
                    (B) by striking subsections (a) through (d); and
                    (C) by redesignating subsections (e) and (f) as 
                subsections (a) and (b), respectively.
            (2) Clerical amendment.--The table of contents for such Act 
        is amended by striking the item relating to section 6 and 
        inserting the following:

``Sec. 6. Additional authorities to deter and suppress human rights 
                            violations in Sudan.''.
    (d) Continuation of Restrictions.--Section 7(a) of the Darfur Peace 
and Accountability Act of 2006 (Public Law 109-344; 50 U.S.C. 1701 
note) is amended by striking ``the Government of Sudan is acting in 
good faith to'' and all that follows and inserting ``the Government of 
Sudan has met the requirements described in paragraphs (1) through (10) 
of section 12 of the Sudan Peace, Security, and Accountability Act of 
2012''.
    (e) Reporting Requirements.--The Sudan Peace Act (Public Law 107-
245; 50 U.S.C. 1701 note) is amended by striking section 8.

SEC. 11. REPORT.

    (a) Report Required.--Not later than one year after the 
transmission of the strategy required under section 5 and every 180 
days thereafter, the President shall prepare and transmit to the 
appropriate congressional committees a report on the progress made 
toward the implementation of the strategy.
    (b) Contents.--The report required under subsection (a) shall 
include--
            (1) a description and evaluation of actions taken toward 
        the implementation of the comprehensive strategy required under 
        section 5;
            (2) a description of efforts to identify any person or 
        government that has engaged in any action under section 6 that 
        would trigger the imposition of sanctions under section 7;
            (3) a description of efforts to renew engagement with key 
        regional and international actors, including the African Union, 
        the United Nations, the European Union, the League of Arab 
        States, China, Russia, Ethiopia, Qatar, Turkey, and other 
        governments and persons that have significant influence or 
        interests related to Sudan on the issue of sanctions with 
        respect to Sudan;
            (4) a description of efforts taken and progress made to 
        update and expand the sanctions regime to target and include 
        Government of Sudan and persons who have committed serious 
        human rights violations in Sudan;
            (5) a description of efforts to work with the African 
        Union, the United Nations, the European Union, the League of 
        Arab States, China, Russia, Ethiopia, Qatar, Turkey, and other 
        governments and persons that have significant influence or 
        interests related to Sudan to develop a comprehensive approach 
        to Sudan's many conflicts and engage the Government of Sudan in 
        achieving a comprehensive agreement for democratic reform; and
            (6) a description of efforts to ensure, and the degree of 
        success in ensuring, free and unfettered access and delivery of 
        humanitarian aid to those individuals who need it, protect 
        civilians from attack, and the cessation of attacks on 
        noncombatants.
    (c) Form.--The report under subsection (a) shall be submitted in 
unclassified form, but may include a classified annex.

SEC. 12. TERMINATION OF SANCTIONS.

    The imposition of sanctions under sections 6 and 7 and the 
restrictions under sections 8 and 9 shall terminate on the date that is 
30 days after the date on which the President certifies to the 
appropriate congressional committees that the Government of Sudan has--
            (1) abided by all United Nations Security Council 
        Resolutions related to peace and humanitarian issues in Sudan;
            (2) permanently ceased all attacks on noncombatants 
        throughout Sudan;
            (3) demobilized and demilitarized any person controlled or 
        supported by the Government of Sudan which has committed or 
        assisted in serious human rights violations;
            (4) cooperated with efforts to disarm, demobilize, and deny 
        safe haven in Sudan to members of the Lord's Resistance Army;
            (5) granted free and unfettered access for delivery of 
        humanitarian assistance;
            (6) allowed for the safe and voluntary return of refugees 
        and internally displaced persons;
            (7) provided genuine accountability for persons who have 
        committed or assisted in serious human rights violations, 
        including those persons with political or military command 
        authority;
            (8) permitted free, transparent, and all-inclusive 
        democratic reform in Sudan, with a constitutional process 
        leading to free and fair elections having occurred or scheduled 
        to occur in a reasonable amount of time;
            (9) complied in substance and spirit with all peace 
        agreements signed since 2006, including the Darfur Peace 
        Agreement (Abuja), the Doha Document for Peace in Darfur, all 
        existing agreements with South Sudan, and any future agreements 
        that may be reached to achieve the goals of this Act; and
            (10) negotiated in good faith for a resolution of all 
        conflicts in Sudan.
                                 <all>