Sudan Accountability Act

Bill: 118-s-5327
Sponsor: full_name: Sen. Coons, Christopher A. [D-DE]
Introduced: 2024-11-14
Policy area: International Affairs
Latest action: action_date: 2024-11-14
text: Read twice and referred to the Committee on Foreign Relations.

Summaries:

tv_txt: II 118th CONGRESS 2d Session S. 5327 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.

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. 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. 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. 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. 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. 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. 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.