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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5327 Introduced in Senate (IS)]

<DOC>

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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