S.Amdt. 2606

1. Rewrites section 3

   Replaces

   In H.R. 180 · Engrossed in House

   SEC. 3. TRANSPARENCY IN CAPITAL MARKETS.

   (a) List of Persons Directly Investing in or Conducting Business Operations in Certain Sudanese Sectors.--

   (1) Publication of list.--Not later than 6 months after the date of the enactment of this Act and every 6 months thereafter, the [inserted: President, in consultation with the ]Secretary of the Treasury, [struck: in consultation with ]the Secretary of Energy, the Secretary of State, the Securities and Exchange Commission, and the heads of other appropriate Federal departments and agencies, shall, using only publicly available (including proprietary) information, ensure publication in the Federal Register of a list of each person, whether within or outside of the United States, that, as of the date of the publication, has a direct investment in, or is conducting, business operations in Sudan's power production, mineral extraction, oil-related, or military equipment industries, subject to paragraph (2). To the extent practicable, the list shall include a description of the investment made by each such person, including the dollar value, intended purpose, and status of the investment, as of the date of the publication.

   (2) Exceptions.--The [struck: Secretary of the Treasury ][inserted: President ]shall exclude a person from the list if all of the business operations by reason of which the person would otherwise be included on the list--

   (A) are conducted under contract directly and exclusively with the regional government of southern Sudan;

   (B) are conducted under a license from the Office of Foreign Assets Control, or are expressly exempted under Federal law from the requirement to be conducted under such a license;

   3 unchanged paragraphsHide unchanged text

   (C) consist of providing goods or services to marginalized populations of Sudan;

   (D) consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

   (E) consist of providing goods or services that are used only to promote health or education;

   (F) are conducted by a person that has also undertaken significant humanitarian efforts as described in section 10(14)(B);

   (G) have been voluntarily suspended; or

   (H) will cease within 1 year after the adoption of a formal plan to cease the operations, as determined by the [struck: Secretary][inserted: President].

   (3) Consideration of scrutinized business operations.--The [struck: Secretary of the Treasury ][inserted: President ]should give serious consideration to including on the list any company that has a scrutinized business operation with respect to Sudan (within the meaning of section 10(4)).

   (4) Prior notice to persons.--The [struck: Secretary of the Treasury ][inserted: President ]shall, at least 30 days before the list is published under paragraph (1), notify each person that the [struck: Secretary][inserted: President] intends to include on the list.

   (5) Delay in including persons on the list.--After notifying a person under paragraph (4), the [struck: Secretary of the Treasury ][inserted: President ]may delay including that person on the list for up to 60 days if the [struck: Secretary][inserted: President] determines and certifies to the Congress that the person has taken specific and effective actions to terminate the involvement of the person in the activities that resulted in the notification under paragraph (4).

   (6) Removal of persons from the list.--The [struck: Secretary of the Treasury ][inserted: President ]may remove a person from the list before the next publication of the list under paragraph (1) if the [struck: Secretary][inserted: President] determines that the person no longer has a direct investment in or is no longer conducting business operations as described in paragraph (1).

   (7) Advance notice to congress.--Not later than 30 days (or, in the case of the [struck: first][inserted: 1st] such list, 60 days) before the date by which paragraph (1) requires the list to be published, the [struck: Secretary of the Treasury ][inserted: President ]shall submit to the Committees on Financial Services, on Education and Labor, and on Oversight and Government Reform of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs, on Health, Education, Labor, and Pensions, and on Homeland Security and Governmental Affairs of the Senate a copy of the list which the [struck: Secretary][inserted: President] intends to publish under paragraph (1).

   (b) Publication on Website.--The [struck: Secretary of the Treasury ][inserted: President ]shall ensure that the list is published on an appropriate, publicly accessible [struck: government][inserted: Government] website, updating the list as necessary to take into account any person removed from the list under subsection (a)(6).

   (c) Definition.--In this section, the term "investment" has the meaning given [inserted: the term ]in section 4(b)(3).

   Original wording

   Strike section 3 and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed