[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6094 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 6094

To support a civilian-led democratic transition, promote accountability 
 for human rights abuses, and encourage fiscal transparency in Sudan, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 5, 2020

Mr. Engel (for himself, Mr. McCaul, Ms. Bass, Mr. Smith of New Jersey, 
  Mr. McGovern, Mr. Kildee, and Ms. Lee of California) introduced the 
following bill; which was referred to the Committee on Foreign Affairs, 
   and in addition to the Committees on the Judiciary, and Financial 
Services, 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 support a civilian-led democratic transition, promote accountability 
 for human rights abuses, and encourage fiscal transparency 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.

    This Act may be cited as the ``Sudan Democratic Transition, 
Accountability, and Fiscal Transparency Act of 2020''.

SEC. 2. DEFINITIONS.

    Except as otherwise provided, in this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs and the 
                Committee on Appropriations of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Committee on Appropriations of the Senate.
            (2) 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 European Bank for Reconstruction and 
                Development;
                    (J) the Multilateral Investment Guaranty Agency; 
                and
                    (K) any multilateral financial institution, 
                established after the date of enactment of this Act, 
                that could provide financial assistance to the 
                Government of Sudan.
            (3) Sovereignty council.--The term ``Sovereignty Council'' 
        means the governing body of Sudan during the transitional 
        period that consists of--
                    (A) five civilians selected by the Forces of 
                Freedom and Change;
                    (B) five members selected by the Transitional 
                Military Council; and
                    (C) one member selected by agreement between the 
                Forces of Freedom and Change and the Transitional 
                Military Council.
            (4) Sudanese security and intelligence services.--The term 
        ``Sudanese security and intelligence services'' means--
                    (A) the Sudan Armed Forces;
                    (B) the Rapid Support Forces,
                    (C) Sudan's Popular Defense Forces and other 
                paramilitary units;
                    (D) Sudan's police forces;
                    (E) the General Intelligence Service, previously 
                known as the National Intelligence and Security 
                Services; and
                    (F) related entities, such as Sudan's Military 
                Industry Corporation.
            (5) Transitional period.--The term ``transitional period'' 
        means the 39-month period beginning on August 17, 2019, the 
        date of the signing of Sudan's constitutional charter, during 
        which--
                    (A) the members of the Sovereignty Council 
                described in paragraph (3)(B) select a chair of the 
                Council for the first 21 months of the period; and
                    (B) the members of the Sovereignty Council 
                described in paragraph (3)(A) select a chair of the 
                Council for the remaining 18 months of the period.

SEC. 3. STATEMENT OF POLICY.

    It is the policy of the United States to--
            (1) support a civilian-led political transition in Sudan 
        that results in a democratic government, that is accountable to 
        its people, respects and promotes human rights, is at peace 
        internally and with its neighbors, and can be a partner for 
        regional stability;
            (2) support the implementation of Sudan's constitutional 
        charter for the transitional period; and
            (3) pursue a strategy of calibrated engagement with Sudan 
        that includes--
                    (A) facilitating an environment for free, fair, and 
                credible democratic elections and a pluralistic and 
                representative political system;
                    (B) supporting reforms that improve transparency 
                and accountability, remove restrictions on civil and 
                political liberties, and strengthen the protection of 
                human rights, including religious freedom;
                    (C) strengthening civilian institutions, judicial 
                independence, and the rule of law;
                    (D) empowering civil society and independent media;
                    (E) promoting national reconciliation and enabling 
                a just, comprehensive, and sustainable peace;
                    (F) promoting the role of women in government, the 
                economy, and society, in recognition 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 civilian 
                oversight over and professionalization of the Sudanese 
                security and intelligence services and strengthening 
                accountability for human rights violations and abuses, 
                corruption, 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 
                intelligence services;
                    (J) securing unfettered humanitarian access across 
                all regions of Sudan;
                    (K) supporting improved development outcomes, 
                domestic resource mobilization, and catalyzing market-
                based solutions to improve access to health, education, 
                water and sanitation, and livelihoods; and
                    (L) promoting responsible international and 
                regional engagement.

SEC. 4. SUPPORT FOR DEMOCRATIC GOVERNANCE, RULE OF LAW, HUMAN RIGHTS, 
              AND FUNDAMENTAL FREEDOMS.

    (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 freedoms in 
Sudan.
    (b) In General.--Notwithstanding any other provision of law (other 
than the Trafficking Victims Protection Act of 2000 or 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 
Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) to--
            (1) provide for democracy and governance programs that 
        strengthen and build the capacity of representative civilian 
        government institutions, political parties, and civil society 
        in Sudan;
            (2) support the organization of free, fair, and credible 
        elections in Sudan;
            (3) provide technical support for legal and policy reforms 
        that improve transparency and accountability and protect human 
        rights, including religious freedom, and civil liberties in 
        Sudan;
            (4) support for human rights and fundamental freedoms, 
        including the freedoms of religion or belief; expression, 
        including for members of the press, assembly; and association 
        in Sudan;
            (5) support measures to improve and increase women's 
        participation in the political, economic, and social sectors of 
        Sudan; and
            (6) support other related democracy, good governance, rule 
        of law, and fundamental freedom programs and activities.
    (c) Authorization of Appropriations.--Of the funds 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 section.

SEC. 5. SUPPORT FOR DEVELOPMENT PROGRAMS.

    (a) In General.--Notwithstanding any other provision of law (other 
than the Trafficking Victims Protection Act of 2000 or 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 
Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) for 
programs in Sudan to--
            (1) increase agricultural and livestock productivity;
            (2) promote economic growth, increase private sector 
        productivity and advance market-based solutions to address 
        development challenges;
            (3) support women's economic empowerment and economic 
        opportunities for youth and previously marginalized 
        populations;
            (4) improve equal access to quality basic education;
            (5) support the capacity of universities to equip students 
        to participate in a pluralistic and global society through 
        virtual exchange and other programs;
            (6) improve access to water, sanitation, and hygiene 
        projects;
            (7) build the capacity of national and subnational 
        government officials to support the transparent management of 
        public resources, promote good governance through combating 
        corruption and improving accountability, increase economic 
        productivity, and increase domestic resource mobilization; and
            (8) support other related economic assistance programs and 
        activities.
    (b) Authorization of Appropriations.--Of the funds 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 section.

SEC. 6. SUPPORT FOR CONFLICT MITIGATION.

    (a) In General.--Notwithstanding any other provision of law (other 
than the Trafficking Victims Protection Act of 2000 or the Child 
Soldiers Prevention Act of 2008), the President is authorized to 
provide assistance under part I and chapters 4, 5, and 6 of part II of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq., 2346 et 
seq., and 2348 et seq.) to--
            (1) support long-term peace and stability in Sudan by 
        promoting national reconciliation and enabling a just, 
        comprehensive, and sustainable peace, especially in regions 
        that have been underdeveloped or affected by war, such as the 
        states of Darfur, South Kordofan, Blue Nile, Red Sea, and 
        Kassala;
            (2) support civil society and other organizations working 
        to address conflict prevention, mitigation, and resolution 
        mechanisms and people-to-people reconciliation in Sudan, 
        especially those addressing issues of marginalization and 
        vulnerable groups, equal protection under the law, natural 
        resource management, compensation and restoration of property, 
        voluntary return, and sustainable solutions for displaced 
        persons and refugees;
            (3) strengthen civilian oversight of the Sudanese security 
        and intelligence services and ensure that such services are not 
        contributing to the perpetuation of conflict in Sudan and to 
        the limitation of the civil liberties of all people in Sudan;
            (4) assist in the human rights vetting and professional 
        training of security force personnel due to be employed or 
        deployed by the Sudanese security and intelligence services in 
        regions that have been underdeveloped or affected by war, such 
        as the states of Darfur, South Kordofan, Blue Nile, Red Sea, 
        and Kassala, including members of any security forces being 
        established pursuant to a peace agreement relating to such 
        regions;
            (5) support provisions of the Comprehensive Peace Agreement 
        of 2005 and Abyei protocol, as appropriate, unless otherwise 
        superseded by a new agreement signed in good faith--
                    (A) between stakeholders in this region and the 
                Governments of Sudan and South Sudan to hold a free, 
                fair, and credible referendum on the status of Abyei; 
                and
                    (B) between stakeholders in this region and the 
                Government of Sudan to support popular consultations on 
                the status of the states of South Kordofan and Blue 
                Nile; and
            (6) support other related conflict mitigation programs and 
        activities.
    (b) Authorization of Appropriations.--Of the funds authorized to be 
appropriated to carry out part I and chapters 4 and 6 of part II of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq., 2346 et seq., 
and 2348 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 section.

SEC. 7. SUPPORT FOR ACCOUNTABILITY FOR WAR CRIMES, CRIMES AGAINST 
              HUMANITY, AND GENOCIDE IN SUDAN.

    (a) Sense of Congress.--It is the sense of Congress that the 
Secretary of State should conduct robust diplomatic engagement to 
promote accountability and provide technical support to ensure that 
credible, transparent, and independent investigations of gross 
violations of human rights perpetrated by the Government of Sudan under 
former President Omar al-Bashir and the Transitional Military Council 
since June 30, 1989.
    (b) In General.--Notwithstanding any other provision of law (other 
than the Trafficking Victims Protection Act of 2000 or 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 
Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) to--
            (1) build the capacity of civilian investigators within and 
        outside of Sudan on how to document, investigate, develop 
        findings of, identify, and locate those responsible for war 
        crimes, crimes against humanity, or genocide in Sudan;
            (2) collect, document, and protect evidence of war crimes, 
        crimes against humanity, and genocide in Sudan and preserve the 
        chain of custody for such evidence, including by providing 
        support for Sudanese, foreign, and international 
        nongovernmental organizations, and other entities engaged in 
        such investigative activities;
            (3) build Sudan's judicial capacity to support prosecutions 
        in domestic courts and support investigations by hybrid or 
        international courts as appropriate;
            (4) protect witnesses who participate in court proceedings 
        or other transitional justice mechanisms; and
            (5) support other related conflict mitigation programs and 
        activities.
    (c) Authorization of Appropriations.--Of the funds 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, $10,000,000 is authorized to be 
appropriated for each such fiscal year to carry out this section.

SEC. 8. SUSPENSION OF ASSISTANCE.

    (a) In General.--The President is authorized to suspend the 
provision of assistance authorized under section 4, 5, 6, or 7 to the 
Government of Sudan if the President determines that conditions in 
Sudan or the composition of the Government of Sudan changes such that 
it is no longer in the United States national interest to continue to 
provide such assistance.
    (b) Report.--Not later than 30 days after making a determination 
under subsection (a), the President shall submit to the appropriate 
congressional committees a report that describes--
            (1) the political and security conditions in Sudan that led 
        to such determination; and
            (2) any planned diplomatic engagement to restart the 
        provision of such assistance.

SEC. 9. SUPPORT FOR DEBT RELIEF AND OTHER FINANCIAL ASSISTANCE.

    (a) Sense of the Congress.--It is the sense of the Congress that 
Sudan's economic challenges are a legacy of decades of kleptocracy, 
economic mismanagement, and war, and Sudan's economic recovery will 
depend on--
            (1) combating corruption and illicit economic activity;
            (2) ending internal conflicts in the states of Darfur, 
        South Kordofan, and Blue Nile; and
            (3) promoting inclusive economic growth and development.
    (b) Debt Relief and Other Financial Assistance.--Upon the removal 
of Sudan from the State Sponsors of Terrorism List, the Secretary of 
the Treasury and the Secretary of State shall, notwithstanding any 
other provision of law, engage with international financial 
institutions and other bilateral official creditors to advance 
agreement through the Heavily Indebted Poor Countries (HIPC) Initiative 
to restructure, reschedule, or cancel the sovereign debt of Sudan 
following the receipt by the appropriate congressional committees of 
the certification described in subsection (c).
    (c) Certification.--The certification described in this subsection 
is a certification submitted to the appropriate congressional 
committees of a determination made by the President that the Government 
of Sudan has taken demonstrable steps to improve fiscal transparency, 
including--
            (1) establishing civilian control over the finances and 
        assets of the Sudanese security and intelligence services;
            (2) developing a transparent budget that includes all 
        expenditures related to the security and intelligence services;
            (3) identifying all shareholdings in all public and private 
        companies held or managed by the security and intelligence 
        services, and transferring all such shareholdings to the 
        Ministry of Finance of the Government of Sudan or to any 
        specialized entity of the Government of Sudan established under 
        law for this purpose, which is ultimately accountable to a 
        civilian authority;
            (4) ceasing any involvement of the security and 
        intelligence services in the illicit trade in mineral 
        resources, including petroleum and gold;
            (5) determining and implementing a methodology for the 
        Government of Sudan to recover any state assets and the profits 
        derived from the assets that may have been transferred to the 
        National Congress Party, an affiliate of the National Congress 
        Party, or an official of the National Congress Party in the 
        individual capacity of such an official; and
            (6) establishing transparency with respect to any offshore 
        financial resources controlled by the security and intelligence 
        services.
    (d) Multilateral Financing Restriction.--The Secretary of the 
Treasury shall instruct the United States Executive Director at each 
international financial institution to use the voice and vote of the 
United States to abstain from any extension by the respective 
institution of any loan, credit, or guarantee to, or any other use of 
funds of the respective institution for, Sudan until the appropriate 
congressional committees receive the certification described in 
subsection (e).
    (e) Certification.--The certification described in this subsection 
is a certification submitted to the appropriate congressional 
committees of a determination made by the President that--
            (1) the Sovereignty Council is headed by a civilian leader 
        not later than May 2021, as stated in the 2019 Constitutional 
        Charter for the Transitional Period;
            (2) the Transitional Legislative Council of Sudan's 
        transitional government is constituted in accordance with the 
        provisions of the 2019 constitutional charter for the 
        transitional period; and
            (3)(A) Sudan has held general elections that are widely 
        accepted as free, fair, and credible by independent 
        international monitors, and the president-elect is free to 
        assume the duties of the office; or
            (B) if the certification is made before the general 
        election is held, the Government of Sudan has sufficiently 
        taken steps to open the civic and political space in Sudan, 
        including legal reforms to the laws governing the security 
        forces, such as the National Security Act of 2010 and the Sudan 
        Armed Forces Act of 2007, to make clear that immunity from 
        prosecution in a civilian court will not be provided to any 
        official or member of the security and intelligence forces who 
        are responsible for serious human rights violations and abuses.
    (f) Exceptions.--Subsection (d) shall not apply with respect to the 
certification described in subsection (e) with respect to any loan, 
credit, or financial or technical assistance proposed to be provided to 
address basic human needs or to promote democracy, governance, or 
public financial management in Sudan.

SEC. 10. COORDINATED SUPPORT TO RECOVER ASSETS STOLEN FROM THE SUDANESE 
              PEOPLE.

    The Secretary of State, in coordination with the Secretary of the 
Treasury and the Attorney General, shall seek to advance the efforts of 
the Government of Sudan to recover assets stolen from the Sudanese 
people, including with regard to international efforts to--
            (1) identify and track assets taken from the people and 
        institutions of Sudan through theft, corruption, money 
        laundering, or other illicit means; and
            (2) with respect to assets identified pursuant to paragraph 
        (1), work with foreign governments and international 
        organizations to--
                    (A) share financial investigations intelligence, as 
                appropriate;
                    (B) oversee and manage the assets identified 
                pursuant to paragraph (1);
                    (C) as appropriate, advance, advance civil 
                forfeiture litigation, including providing technical 
                assistance to help governments establish the necessary 
                legal framework to carry out asset forfeitures; and
                    (D) work with the Government of Sudan to ensure 
                that a credible mechanism is established to ensure that 
                any recovered assets are managed in a transparent and 
                accountable fashion and ultimately used for the benefit 
                of the Sudanese people, provided that--
                            (i) returned assets are not used for 
                        partisan political purposes; and
                            (ii) there are robust financial management 
                        and oversight measures to safeguard repatriated 
                        assets.

SEC. 11. LIMITATION ON ASSISTANCE TO THE SUDANESE SECURITY AND 
              INTELLIGENCE SERVICES.

    (a) In General.--The President may not provide assistance (other 
than assistance authorized under section 6 of this Act) to the Sudanese 
security and intelligence services until the President submits to 
Congress a certification that the Government of Sudan has met the 
conditions described in subsection (c).
    (b) Exception; Waiver.--
            (1) Exception.--The Secretary of State may, as appropriate 
        and notwithstanding any other provision of law, provide 
        assistance for the purpose of professionalizing the Sudanese 
        security and intelligence services, through institutions such 
        as the Africa Center for Strategic Studies and the United 
        States Institute of Peace.
            (2) Waiver.--The President may waive the limitation on the 
        provision of assistance under subsection (a) if, not later than 
        30 days before the assistance is to be provided, the President 
        submits to the appropriate congressional committees--
                    (A) a list of the activities and participants to 
                which such waiver would apply;
                    (B) a justification that the waiver is in the 
                national security interest of the United States; and
                    (C) a certification that the participants have met 
                the requirements of either section 620M of the Foreign 
                Assistance Act of 1961 (22 U.S.C. 2378d) for programs 
                funded through Department of State appropriations or 
                section 362 of title 10, United States Code, for 
                programs funded through Department of Defense 
                appropriations.
    (c) Conditions.--
            (1) In general.--The conditions described in this 
        subsection are that the Sudanese security and intelligence 
        services--
                    (A) have demonstrated progress in undertaking 
                security sector reform, including reforms that 
                professionalize such security and intelligence 
                services, improve transparency, and reforms to the laws 
                governing the security forces, such as of the National 
                Security Act of 2010 and the Sudan Armed Forces Act of 
                2007;
                    (B) support efforts to respect human rights, 
                including religious freedom, and hold accountable any 
                members of such security and intelligence services 
                responsible for human rights violations and abuses, 
                including by taking demonstrable steps to cooperate 
                with local or international mechanisms of 
                accountability, to ensure that those responsible for 
                war crimes, crimes against humanity, and genocide 
                committed in Sudan are brought to justice;
                    (C) are under civilian oversight, subject to the 
                rule of law, and are not undertaking actions to 
                undermine a civilian-led transitional government or an 
                elected civilian government;
                    (D) have refrained from targeted attacks against 
                religious or ethnic minority groups, have negotiated in 
                good faith during the peace process and constructively 
                participated in the implementation of any resulting 
                peace agreements, and do not impede inclusive political 
                participation;
                    (E) allow unfettered humanitarian access by United 
                Nations organizations and specialized agencies and 
                domestic and international humanitarian organizations 
                to civilian populations in conflict-affected areas;
                    (F) cooperate with the United Nations High 
                Commissioner for Refugees and organizations affiliated 
                with the United Nations to allow for the protection of 
                displaced persons and the safe, voluntary, sustainable, 
                and dignified return of refugees and internally 
                displaced persons; and
                    (G) take constructive steps to investigate all 
                reports of unlawful recruitment of children by Sudanese 
                security forces and prosecute those found to be 
                responsible.
            (2) Form.--The certification described in subsection (a) 
        containing the conditions described in paragraph (1) shall be 
        submitted in unclassified form but may include a classified 
        annex.
    (d) Sunset.--This section shall terminate on the date that is the 
earlier of--
            (1) the date that is two years after the date of the 
        enactment of this Act; or
            (2) the date on which the President determines that a 
        successful rotation of military to civilian leadership in the 
        Sovereignty Council has occurred.

SEC. 12. AUTHORIZATION OF IMPOSITION OF SANCTIONS WITH RESPECT TO 
              CERTAIN GOVERNMENT OF SUDAN OFFICIALS AND OTHER 
              INDIVIDUALS.

    (a) In General.--The President shall impose the sanctions described 
in subsection (b) with respect to any senior official of the Government 
of Sudan and any other foreign person that the President determines, on 
or after the date of enactment of this Act--
            (1) is knowingly responsible for, complicit in, or has 
        directly or indirectly engaged in--
                    (A) significant actions or policies that threaten 
                the peace, security, or stability of Sudan, including 
                through the use of armed groups;
                    (B) significant actions or policies that obstruct, 
                undermine, delay, or impede, or pose a significant risk 
                of obstructing, undermining, delaying, or impeding, the 
                civil and political rights of the Sudanese people and 
                the political transition in Sudan;
                    (C) corruption, including the misappropriation of 
                state assets, the expropriation of private assets for 
                personal gain, corruption related to government 
                contracts or the extraction of natural resources, or 
                bribery;
                    (D) serious human rights abuses that may include 
                the targeting of civilians through the commission of 
                acts of violence, abduction, forced displacement, or 
                attacks on schools, hospitals, religious sites, or 
                locations where civilians are seeking refuge, or a 
                violation of international humanitarian law; or
                    (E) illicit exploitation of natural resources in 
                Sudan;
            (2) is a leader of an entity that has, or whose members 
        have, engaged in any activity described in subparagraphs (A) 
        through (E) of paragraph (1);
            (3) has materially assisted, sponsored, or provided 
        financial, material, logistical, or technological support for, 
        or goods or services to or in support of--
                    (A) any activity described in paragraph (1); or
                    (B) any person whose property and interests in 
                property are blocked pursuant to Executive Order 13400 
                (2006); or
            (4) is owned or controlled by, or has acted or purported to 
        act for or on behalf of, any other person whose property and 
        interests in property are blocked pursuant to--
                    (A) subsection (b)(1); or
                    (B) Executive Order 13400 (2006).
    (b) Sanctions Described.--The sanctions to be imposed with respect 
to any foreign person described in subsection (a) are the following:
            (1) Blocking of property.--The President shall exercise all 
        of the powers granted to the President under the International 
        Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the 
        extent necessary to block and prohibit all transactions in 
        property and interests in property of the foreign person if 
        such property and interests in property--
                    (A) are in the United States;
                    (B) come within the United States; or
                    (C) come within the possession or control of a 
                United States person.
            (2) Inadmissibility for visas, admission, or parole.--
                    (A) Visas, admission, or parole.--The foreign 
                person is--
                            (i) inadmissible to the United States;
                            (ii) ineligible to receive a visa or other 
                        documentation to enter the United States; and
                            (iii) 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.).
                    (B) Current visas revoked.--The visa or other entry 
                documentation of the foreign person shall be revoked, 
                regardless of when such visa or other entry 
                documentation is or was issued. A revocation under this 
                subparagraph shall take effect immediately and 
                automatically cancel any other valid visa or entry 
                documentation that is in the foreign person's 
                possession.
    (c) Exceptions To Comply With United Nations Headquarters 
Agreement.--Sanctions under subsection (b)(2) shall not apply with 
respect to a foreign person described in subsection (a) if admitting or 
paroling the foreign person 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.
    (d) Exception To Carry Out or Assist Law Enforcement Activities.--
Sanctions under this section shall not apply to a foreign person, if 
admitting or paroling the foreign person into the United States is 
necessary to carry out or assist law enforcement activity in the United 
States.
    (e) Implementation; Penalties.--
            (1) Implementation.--The President 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 shall issue such 
        regulations, licenses, and orders as are necessary to carry out 
        this section.
            (2) 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 paragraph (1) 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 that section.
    (f) Waiver.--The President may waive the application of sanctions 
imposed with respect to a foreign person pursuant to subsection (a) if 
the President--
            (1) determines that a waiver is in the national interest of 
        the United States; and
            (2) not later than the date on which such waiver will take 
        effect, submits a notice of and justification for such waiver 
        to the appropriate congressional committees.
    (g) Termination of Authority To Impose Sanctions.--The authority to 
impose sanctions under this section shall terminate on the date that is 
the earlier of 3 years after the date of the enactment of this Act or 
the date on which the President determines and certifies to the 
appropriate congressional committees that the Government of Sudan--
            (1) has held free, fair, and credible general elections in 
        accordance with the 2019 constitutional charter for the 
        transitional period and a democratically elected head of state 
        has been sworn in and taken office;
            (2) is making significant progress towards respecting the 
        freedoms of religion, speech, press, assembly, and association 
        as described in the 2019 constitutional charter for the 
        transitional period and toward holding free, fair, and credible 
        elections by the end of the transitional period;
            (3) is compliant with international norms and standards 
        concerning the transparent allocation and disbursement of 
        government directed funds;
            (4) respects the right to freedom of religion, speech, 
        press, assembly, and association for all Sudanese citizens;
            (5) has ceased attacks on civilians, including through the 
        use of militias;
            (6) has negotiated in good faith to reach formal peace 
        agreements with armed movements that had been in conflict with 
        the Government of Sudan; and
            (7) has ceased any material support or assistance to groups 
        associated or linked to international terrorism.
    (h) Exception Relating to Importation of Goods.--
            (1) In general.--The authorities and requirements to impose 
        sanctions authorized under this section shall not include the 
        authority or requirement to impose sanctions on the importation 
        of goods.
            (2) Good defined.--In this subsection, the term ``good'' 
        means any article, natural or man-made substance, material, 
        supply or manufactured product, including inspection and test 
        equipment, and excluding technical data.
    (i) Definitions.--In this section:
            (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. 1001).
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs, the Committee 
                on Appropriations, and the Committee on Financial 
                Services of the House of Representatives; and
                    (B) the Committee on Foreign Relations, the 
                Committee on Appropriations, and the Committee on 
                Banking, Housing, and Urban Affairs of the Senate.
            (3) Foreign person.--The term ``foreign person'' means a 
        person that is not a United States person.
            (4) Knowingly.--The term ``knowingly'' means, with respect 
        to conduct, a circumstance, or a result, that a person has 
        actual knowledge, or should have known, of the conduct, the 
        circumstance, or the result.
            (5) 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;
                    (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; or
                    (C) any person in the United States.

SEC. 13. REPORTS.

    (a) Report on Accountability for Human Rights Abuses.--Not later 
than 180 days after the date of the enactment of this Act, and annually 
thereafter for two years, the President shall submit to the appropriate 
congressional committees a report that--
            (1) summarizes reports of gross violations of human rights, 
        including sexual and gender-based violence, committed against 
        civilians in Sudan, including members of the Sudanese security 
        and intelligence services or any associated militias, between 
        December 2018 and the date of the submission of the report;
            (2) provides an update on any potential transitional 
        justice mechanisms in Sudan to investigate, charge, and 
        prosecute alleged perpetrators of gross violations of human 
        rights in Sudan since June 30, 1989, including with respect to 
        the June 3, 2019 massacre in Khartoum;
            (3) provides an analysis of whether the gross violations of 
        human rights summarized pursuant to paragraph (1) amount to war 
        crimes, crimes against humanity, or genocide; and
            (4) identifies specific cases since the beginning of the 
        transitional period in which members of the Sudanese security 
        and intelligence services have been charged and prosecuted for 
        actions that constitute gross violations of human rights 
        perpetrated since June 30, 1989.
    (b) Report on Certain Activities and Finances of Senior Officials 
of the Government of Sudan.--Not later than 180 days after the date of 
the enactment of this Act, and annually thereafter for one year, the 
President shall submit to the appropriate congressional committees a 
report that--
            (1) describes the actions and involvement of any previous 
        or current senior officials of the Government of Sudan since 
        the establishment of the transitional government in August 2019 
        in--
                    (A) directing, carrying out, or overseeing gross 
                violations of human rights;
                    (B) directing, carrying out, or overseeing the 
                unlawful use or recruitment of children by armed groups 
                or armed forces in the context of conflicts in Sudan, 
                Libya, Yemen, or other countries;
                    (C) directing, carrying out, or colluding in 
                significant acts of corruption;
                    (D) directing, carrying out, or overseeing any 
                efforts to circumvent the establishment of civilian 
                control over the finances and assets of the Sudanese 
                security and intelligence services; or
                    (E) facilitating, supporting, or financing 
                terrorist activity in Sudan or other countries;
            (2) identifies Sudanese and foreign financial institutions, 
        including offshore financial institutions, in which senior 
        officials of the Government of Sudan whose actions are 
        described in paragraph (1) hold significant assets, and 
        provides an estimate of the value of such assets;
            (3) identifies any information United States Government 
        agencies have obtained since August 2019 regarding persons, 
        foreign governments, and Sudanese or foreign financial 
        institutions that knowingly facilitate, finance, or otherwise 
        benefit from corruption or illicit economic activity in Sudan, 
        including the export of mineral resources, and, in particular, 
        if that trade is violating any United States restrictions that 
        remain in place by legislation or executive order;
            (4) identifies any information United States Government 
        agencies have obtained since August 2019 regarding senior 
        officials of the Government of Sudan who are personally 
        involved in the illicit trade in mineral resources, including 
        petroleum and gold; and
            (5) identifies any information United States Government 
        agencies have obtained since August 2019 regarding individuals 
        or foreign governments that have provided funds to individual 
        members of the Sovereignty Council or the Cabinet outside of 
        the Central Bank of Sudan or the Ministry of Finance.
    (c) Report on Sanctions Pursuant to Executive Order 13400.--Not 
later than 180 days after the date of the enactment of this Act, the 
President shall submit to the appropriate congressional committees a 
report containing the names of senior Sudanese government officials 
that President determines meet the criteria to be sanctionable pursuant 
to Executive Order 13400 (71 Fed. Reg. 25483; relating to blocking 
property of persons in connection with the conflict in Sudan's Darfur 
region).
    (d) Form.--The reports required under subsections (b) and (c) shall 
be submitted in unclassified form but may include a classified annex.

SEC. 14. UNITED STATES STRATEGY FOR SUPPORT TO A CIVILIAN-LED 
              GOVERNMENT IN SUDAN.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State, in coordination with the 
Administrator of the United States Agency for International Development 
and the Secretary of the Treasury, shall submit to the appropriate 
congressional committees a strategy that includes--
            (1) a clear articulation of specific United States goals 
        and objectives with respect to a successful completion of the 
        transitional period and a plan to achieve such goals and 
        objectives;
            (2) a description of assistance and diplomatic engagement 
        to support a civilian-led government in Sudan for the remainder 
        of the transitional period, including any possible support for 
        the organization of free, fair, and credible elections;
            (3) an assessment of the legal and policy reforms that have 
        been and need to be taken by the government in Sudan during the 
        transitional period in order to promote--
                    (A) human rights;
                    (B) freedom of religion, speech, press, assembly, 
                and association; and
                    (C) accountability for human rights abuses, 
                including for sexual and gender-based violence 
                perpetrated by members of the Sudanese security and 
                intelligence services;
            (4) a description of efforts to address the legal and 
        policy reforms mentioned in paragraph (3);
            (5) a description of humanitarian and development 
        assistance to Sudan and a plan for coordinating such assistance 
        with international donors, regional partners, and local 
        partners;
            (6) a description of monitoring and evaluation plans for 
        all forms of assistance to be provided under the strategy in 
        accordance with the monitoring and evaluation requirements of 
        section 4 of the Foreign Aid Transparency and Accountability 
        Act of 2016 (Public Law 114-191), to include a detailed 
        description of all associated goals and benchmarks for 
        measuring impact; and
            (7) an assessment of security sector reforms undertaken by 
        the Government of Sudan, including efforts to demobilize or 
        integrate militias and to foster civilian control of the armed 
        services.
    (b) Report.--Not later than one year after the date of the 
enactment of this Act, the Secretary of State, in coordination with the 
Administrator of the United States Agency for International Development 
and the Secretary of the Treasury, shall submit to the appropriate 
congressional committees a report that includes--
            (1) a detailed description of the efforts taken to 
        implement this Act; and
            (2) recommendations for legislative or administrative 
        measures to facilitate the implementation of this Act.

SEC. 15. AMENDMENTS TO THE DARFUR PEACE AND ACCOUNTABILITY ACT OF 2006.

    Section 8(c)(1) of the Darfur Peace and Accountability Act of 2006 
(Public Law 109-344; 50 U.S.C. 1701 note) is amended by striking 
``Southern Sudan,'' and all that following through ``Khartoum,'' and 
inserting ``Sudan''.

SEC. 16. REPEAL OF SUDAN PEACE ACT AND THE COMPREHENSIVE PEACE IN SUDAN 
              ACT.

    (a) Sudan Peace Act.--Effective January 1, 2020, the Sudan Peace 
Act (Public Law 107-245; 50 U.S.C. 1701 note) is repealed.
    (b) Comprehensive Peace in Sudan Act.--Effective January 1, 2020, 
the Comprehensive Peace in Sudan Act of 2004 (Public Law 108-497; 50 
U.S.C. note) is repealed.
                                 <all>