[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5327 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 5327
To advance and protect the internationally recognized human rights of
all Sudanese people, to hold perpetrators of war crimes, crimes against
humanity, and genocide in Sudan accountable for their crimes, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 14, 2024
Mr. Coons (for himself, Mr. Risch, Mrs. Shaheen, and Mr. Young)
introduced the following bill; which was read twice and referred to the
Committee on Foreign Relations
_______________________________________________________________________
A BILL
To advance and protect the internationally recognized human rights of
all Sudanese people, to hold perpetrators of war crimes, crimes against
humanity, and genocide in Sudan accountable for their crimes, 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.--This Act may be cited as the ``Sudan
Accountability Act''.
(b) Table of Contents.--This table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Statement of policy.
Sec. 4. Report on gross violations of internationally recognized human
rights in Sudan and the United States
response.
Sec. 5. Determination of genocide, war crimes, or crimes against
humanity.
Sec. 6. Strategy to support civilian protection and accountability in
Sudan.
Sec. 7. Support and technical assistance authorized.
SEC. 2. DEFINITIONS.
In this Act
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives.
(2) Genocide.--The term ``genocide'' means an offense
described in section 1091(a) of title 18, United States Code.
(3) War crime.--The term ``war crime''--
(A) has the meaning given such term in section
2441(c) of title 18, United States Code; and
(B) includes sexual and gender-based violence.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to advance and protect the internationally recognized
human rights of all Sudanese people, including protections
against sexual and gender-based violence, regardless of
ethnicity, religion, gender, or geographic area of origin;
(2) to hold perpetrators of war crimes, crimes against
humanity, and genocide in Sudan accountable for their crimes;
(3) to lead efforts to provide urgent humanitarian
assistance to alleviate the suffering of the Sudanese people,
including those living in refugee camps outside of Sudan;
(4) to ensure the inclusion of Sudanese women in peace
negotiations, atrocity prevention, and conflict resolution
efforts;
(5) to utilize diplomatic, developmental, and legal tools
to help stabilize Sudan and to end the terrible violence in the
country;
(6) to promote an inclusive, civilian-led political process
for a peaceful, democratic, and unified Sudan; and
(7) to counter malign foreign influence and disinformation
that exacerbate the conflict in Sudan.
SEC. 4. REPORT ON GROSS VIOLATIONS OF INTERNATIONALLY RECOGNIZED HUMAN
RIGHTS IN SUDAN AND THE UNITED STATES RESPONSE.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and semiannually thereafter until the date
referred to in subsection (e), the Secretary of State, in coordination
with the heads of relevant Federal departments and agencies, shall
submit to the appropriate congressional committees a comprehensive
report regarding the conduct of, support for, and perpetrators of gross
violations of internationally recognized human rights in Sudan since
April 15, 2023.
(b) Elements.--The report required under subsection (a) shall
include--
(1) a description of any atrocities and other gross
violations of internationally recognized human rights committed
by the Sudanese Armed Forces, the Rapid Support Forces,
associated armed actors, other entities of the Government of
Sudan, and other individuals, including--
(A) recruitment of children by armed groups or
forces;
(B) use of starvation and sexual and gender-based
violence as weapons of war, including systematic rape
and other forms of sexual violence;
(C) denial of humanitarian access, including the
obstruction of humanitarian assistance or the targeting
of aid workers; and
(D) looting, occupation, or destruction of civilian
infrastructure, including health facilities and
schools, in violation of international humanitarian
law;
(2) a description of the weapons employed in the commission
of crimes described in paragraph (1), to the extent possible;
(3) an analysis, conducted in consultation with the
Director of National Intelligence, of the involvement of
foreign governments (including the Governments of China, Egypt,
Iran, Russia, United Arab Emirates, and Saudi Arabia) and non-
state foreign entities (such as the Wagner Group) in
supporting, facilitating, or contributing to the conflict and
atrocities in Sudan, including information regarding--
(A) engagement in, or support for, drone and
aircraft strikes;
(B) the estimated amount of arms and materiel
transferred to the conflict parties or to foreign
military contractors;
(C) significant financial support provided to the
conflict parties or non-state foreign entities
operating in Sudan;
(D) the presence of foreign forces or groups in
Sudan;
(E) the source, frequency, and scope of violations
of the United Nations arms embargo; and
(F) diplomatic efforts by the United States
regarding such foreign support;
(4) a detailed list, developed in consultation with the
Secretary of the Treasury, of actions taken and potential
future actions that may be taken to hold individuals, entities,
or foreign governments accountable for their support of
violations described in subsection (a);
(5) a description, developed in consultation with the
Administrator of the United States Agency for International
Development, of current or planned United States foreign
assistance programs aimed at supporting accountability,
including efforts--
(A) to train investigators inside and outside of
Sudan to document, investigate, and identify alleged
perpetrators, while ensuring the anonymity of
respondents and sources; and
(B) to provide independent, expert reporting
regarding conflict activity and analysis, including
remote monitoring capabilities, of atrocities and other
gross violations of internationally recognized human
rights in Sudan; and
(6) an assessment, informed in consultation with relevant
Federal departments and agencies, of the effectiveness, reach,
and limitations of the tools and programs referred to in
paragraphs (4) and (5) since April 15, 2023.
(c) Form.--The report required under subsection (a) shall be
submitted by the Secretary of State in unclassified form, and may
include a classified annex.
(d) Briefing.--Not later than 15 days after submitting each report
required under subsection (a), the Secretary of State, or the
Secretary's designee, shall brief the appropriate congressional
committees regarding the contents of such report.
(e) Termination.--The reporting and briefing requirements under
this section shall terminate on the date on which the Secretary of
State submits to the appropriate congressional committees a
determination that the parties to the conflict in Sudan have reached a
viable peace agreement.
SEC. 5. DETERMINATION OF GENOCIDE, WAR CRIMES, OR CRIMES AGAINST
HUMANITY.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, and every 180 days thereafter until the date
referred to in subsection (d), the Secretary of State, in consultation
with the heads of the relevant Federal departments and agencies, shall
submit to the appropriate congressional committees an updated
determination on whether actions by the Sudanese Armed Forces, the
Rapid Support Forces, and associated military forces, or associated
armed actors constitute genocide, war crimes, or crimes against
humanity in Sudan.
(b) Form.--The determination required under subsection (a) shall be
submitted in an unclassified form and published on the Department of
State's public website, but may include a classified annex.
(c) Briefing.--Not later than 15 days after submitting each report
pursuant to subsection (a), the Secretary of State, or the Secretary's
designee, shall brief the appropriate congressional committees
regarding the contents of such report.
(d) Termination.--The reporting and briefing requirements under
this section shall terminate on the date on which the Secretary of
State submits to the appropriate congressional committees a
determination that the parties to the conflict in Sudan have reached a
viable peace agreement.
SEC. 6. STRATEGY TO SUPPORT CIVILIAN PROTECTION AND ACCOUNTABILITY IN
SUDAN.
(a) In General.--The Secretary of State, in coordination with the
Secretary of the Treasury, the Secretary of Defense, the Administrator
of the United States Agency for International Development, and the
heads of other relevant Federal departments and agencies, shall develop
a comprehensive strategy to protect civilians in Sudan, utilizing all
available United States sanctions and accountability tools, and
enhancing diplomatic, financial, and legal measures to hold
perpetrators of atrocities and other gross violations of
internationally recognized human rights accountable.
(b) Elements.--The strategy required under subsection (a) shall
include a description of the Secretary's plans--
(1) to coordinate with the United Nations, the African
Union, the European Union, and other international partners to
protect civilians in Sudan and to hold accountable perpetrators
of atrocities and other gross violations of their
internationally recognized human rights;
(2) to ensure unrestricted humanitarian access to
vulnerable populations and implement protection measures,
including enforcing the United Nations Security Council
Resolutions 1556 and 1591, relating to an arms embargo in
Darfur, advocating for its expansion across Sudan, and
preventing human trafficking, sexual and gender-based violence,
and the recruitment of child soldiers;
(3) to utilize targeted sanctions under the Global
Magnitsky Act (22 U.S.C. 10101 et seq.), the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), and
Executive Order 14098 (50 U.S.C. 1701 note; relating to
imposing sanctions on certain persons destabilizing Sudan and
undermining the goal of a democratic transition), and visa
restrictions under section 212(a)(3)(C) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(C)) and section 7031(c) of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2024 (division F of Public Law
118-47; 8 U.S.C. 1182 note) as a comprehensive approach to
holding accountable those responsible for atrocities and other
severe internationally recognized human rights violations in
Sudan;
(4) to establish and support community-based protection
measures, including early warning systems using satellite
imagery, local intelligence, and open-source data, and train
local peace committees and protection groups to mediate
disputes and strengthen resilience against violence;
(5) to implement specific measures to protect women and
girls from sexual and gender-based violence;
(6) to evaluate the feasibility of and mobilize support for
an internationally led civilian protection force to support
stabilization and deter attacks on civilians and humanitarian
workers;
(7) to conduct public diplomacy campaigns to raise
awareness of sanctions and accountability measures, counter
disinformation, and support independent media and civil society
in documenting atrocities and disseminating accurate
information about the conflict in Sudan; and
(8) to assist international judicial mechanisms to
prosecute individuals responsible for war crimes, crimes
against humanity, and genocide in Sudan.
(c) Consultation Requirement.--The Secretary of State shall consult
with relevant Federal departments and agencies and stakeholders,
including human rights organizations, Sudanese civil society
representatives, and international partners, in developing and
implementing the strategy required under this section.
(d) Report.--Not later than 30 days after the date of the enactment
of this Act, the Secretary of State, in consultation with other
relevant Federal departments and agencies, shall submit the report
required under subsection (a) in an unclassified form, which shall
include the information described in subsection (b) and may include a
classified annex.
(e) Implementation Monitoring.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of State, in
coordination with the Secretary of the Treasury, the Administrator of
the United State Agency for International Development, and the heads of
other relevant Federal departments and agencies, shall submit a
monitoring report on the implementation of the strategy required under
subsection (a) and the plans required under subsection (b), which shall
describe--
(1) diplomatic efforts and international coordination to
protect civilians and hold perpetrators of atrocities and other
gross violations on internationally recognized human rights
accountable, with a clear delineation of the United States role
and responsibilities in such efforts;
(2) foreign assistance provided, including types, amounts,
and beneficiary reach;
(3) any sanctions imposed under relevant authorities and
the impact of such sanctions on targeted individuals and
entities;
(4) the frequency and severity of atrocities and other
gross violations of internationally recognized human rights
violations reported and United States responses to such
violations;
(5) the effectiveness of mechanisms in preventing and
mitigating violence, including sexual and gender-based violence
and violence against children;
(6) the number of local civilian protection measures
established and their impact on conflict dynamics, including
support to advance warning initiatives and local peace
committees;
(7) the progress made towards the feasibility and resource
mobilization for an internationally led protection force;
(8) outcomes of public diplomacy initiatives to raise
awareness, counter information manipulation, and support
independent media and civil society;
(9) assistance provided to international mechanisms to
investigate and prosecute perpetrators of atrocities in Sudan;
and
(10) efforts towards greater protection of the Sudanese
people and accountability for perpetrators of violence against
them, including recommendations for future actions.
(f) Briefing.--Not later than 15 days after submitting each of the
reports required under subsections (d) and (e), the Secretary of State,
or the Secretary's designee, shall brief the appropriate congressional
committees regarding the contents of such report, including--
(1) the status of the implementation of the strategy; and
(2) any changes or updates based on evolving conditions in
Sudan.
SEC. 7. SUPPORT AND TECHNICAL ASSISTANCE AUTHORIZED.
(a) In General.--Subject to relevant provisions of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.), the President, in
coordination with the Secretary of State and the Administrator of the
United States Agency for International Development, is authorized to
provide assistance, including technical assistance, to promote
accountability, support victims of atrocities, and facilitate conflict
resolution in Sudan, including--
(1) medical, legal, and psychosocial assistance to victims
of atrocities and displaced persons, with a specific focus on
women, children, and other vulnerable groups;
(2) capacity-building support to local organizations,
including resistance committees and emergency response rooms,
to implement civilian protection, monitoring, and public
education programs to prevent atrocities;
(3) financial, technical, and diplomatic assistance to the
African Union and other regional entities to resolve conflicts
and empower civil society, especially marginalized communities,
in peacebuilding and reconciliation; and
(4) support mechanisms for accountability, dialogue, and
transitional justice, including evidence preservation and
strengthening legal and investigative capacities.
(b) Implementation.--The Secretary of State, in consultation with
the Administrator of the United States Agency for International
Development, shall coordinate with international organizations,
nongovernmental organizations, and local civil society groups in Sudan
and neighboring countries to implement the programs authorized under
subsection (a).
(c) Notification.--No funds appropriated for assistance authorized
under subsection (a) may be obligated or expended without prior
notification to the appropriate congressional committees.
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