[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1158 Engrossed in Senate (ES)]

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115th CONGRESS
  2d Session
                                S. 1158

_______________________________________________________________________

                                 AN ACT


 
   To help prevent acts of genocide and other atrocity crimes, which 
   threaten national and international security, by enhancing United 
States Government capacities to prevent, mitigate, and respond to such 
                                crises.

    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 ``Elie Wiesel Genocide and Atrocities 
Prevention Act of 2018''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that the United States Government's 
efforts at atrocity prevention and response through interagency 
coordination, such as the Atrocities Prevention Board (referred to in 
this Act as the ``Board'') or successor entity are critically 
important, and that appropriate officials of the United States 
Government should--
            (1) meet regularly to monitor developments throughout the 
        world that heighten the risk of atrocities;
            (2) identify any gaps in United States foreign policy 
        concerning regions or particular countries related to atrocity 
        prevention and response;
            (3) facilitate the development and implementation of 
        policies to enhance the capacity of the United States to 
        prevent and respond to atrocities worldwide;
            (4) provide the President and Congress with recommendations 
        to improve policies, programs, resources, and tools related to 
        atrocity prevention and response;
            (5) conduct outreach, including consultations, not less 
        frequently than biannually, with representatives of 
        nongovernmental organizations and civil society dedicated to 
        atrocity prevention and response;
            (6) operate with regular consultation and participation of 
        designated interagency representatives of relevant Federal 
        agencies, executive departments, or offices; and
            (7) ensure resources are made available for the policies, 
        programs, and tools related to atrocity prevention and 
        response.

SEC. 3. STATEMENT OF POLICY.

    It shall be the policy of the United States to--
            (1) regard the prevention of atrocities as in its national 
        interest;
            (2) work with partners and allies, including to build their 
        capacity, and enhance the capacity of the United States, to 
        identify, prevent, and respond to the causes of atrocities, 
        including insecurity, mass displacement, violent conflict, and 
        other conditions that may lead to such atrocities; and
            (3) pursue a United States Government-wide strategy to 
        identify, prevent, and respond to the risk of atrocities by--
                    (A) strengthening the diplomatic, risk analysis and 
                monitoring, strategic planning, early warning, and 
                response capacities of the Government;
                    (B) improving the use of foreign assistance to 
                respond early, effectively, and urgently in order to 
                address the causes of atrocities;
                    (C) strengthening diplomatic response and the 
                effective use of foreign assistance to support 
                appropriate transitional justice measures, including 
                criminal accountability, for past atrocities;
                    (D) supporting and strengthening local civil 
                society, including human rights defenders and others 
                working to help prevent and respond to atrocities;
                    (E) promoting financial transparency and enhancing 
                anti-corruption initiatives as part of addressing 
                causes of conditions that may lead to atrocities; and
                    (F) employing a variety of unilateral, bilateral, 
                and multilateral means to prevent and respond to 
                atrocities by--
                            (i) placing a high priority on timely, 
                        preventive diplomatic efforts; and
                            (ii) exercising leadership in promoting 
                        international efforts to prevent atrocities.

SEC. 4. TRAINING OF FOREIGN SERVICE OFFICERS IN CONFLICT AND ATROCITIES 
              PREVENTION.

    Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 4028) is 
amended in subsection (a)(1)--
            (1) in subparagraph (B), by striking ``and'' at the end;
            (2) in subparagraph (C), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(D) for Foreign Service Officers who will be 
                assigned to a country experiencing or at risk of mass 
                atrocities, as determined by the Secretary of State, in 
                consultation with the Director of National Intelligence 
                and relevant civil society organizations, instruction 
                on recognizing patterns of escalation and early warning 
                signs of potential atrocities, and methods of 
                preventing and responding to atrocities, including 
                conflict assessment methods, peacebuilding, mediation 
                for prevention, early action and response, and 
                appropriate transitional justice measures to address 
                atrocities.''.

SEC. 5. REPORTS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act and annually thereafter for the following six 
years, the President shall transmit to the Committee on Foreign Affairs 
and the Committee on Appropriations of the House of Representatives and 
the Committee on Foreign Relations and the Committee on Appropriations 
of the Senate a report, with a classified annex if necessary, that 
includes--
            (1) a review, in consultation with appropriate interagency 
        representatives, including the Board, consisting of a detailed 
        description of--
                    (A) current efforts to prevent and respond to 
                atrocities, based on United States and locally 
                identified indicators, including an analysis of 
                capacities and constraints for interagency detection, 
                early warning and response, information-sharing, 
                contingency planning, and coordination;
                    (B) recommendations to further strengthen United 
                States capabilities described in subparagraph (A);
                    (C) funding expended by relevant Federal 
                departments and agencies on atrocities prevention 
                activities, including appropriate transitional justice 
                measures and the legal, procedural, and resource 
                constraints faced by the Department of State and the 
                United States Agency for International Development 
                throughout respective budgeting, strategic planning, 
                and management cycles regarding support for atrocity 
                prevention activities;
                    (D) a global assessment of ongoing atrocities, 
                including the findings of such assessment and, where 
                relevant, the efficacy of any steps taken by the Board 
                or relevant Federal agency to respond to such 
                atrocities;
                    (E) countries and regions at risk of atrocities, 
                including a description of specific risk factors, at-
                risk groups, and likely scenarios in which atrocities 
                would occur; and
                    (F) the atrocities prevention training for Foreign 
                Service officers authorized under subparagraph (D) of 
                section 708(a)(1) of the Foreign Service Act of 1980, 
                as added by section 4;
            (2) recommendations to ensure shared responsibility by--
                    (A) enhancing multilateral mechanisms for 
                preventing atrocities, including strengthening the role 
                of international organizations and international 
                financial institutions in conflict prevention, 
                mitigation, and response; and
                    (B) strengthening relevant regional organizations;
            (3) the implementation status of the recommendations 
        contained in the previous review required by this section; and
            (4) identification of the Federal agencies and civil 
        society, academic, and nongovernmental organizations and 
        institutions consulted for preparation of such report.
    (b) Consideration of Recommendations.--The preparation of the 
report required by subsection (a) shall include a consideration of 
analysis, reporting, and policy recommendations to prevent and respond 
to atrocities produced by civil society, academic, and other 
nongovernmental organizations and institutions.
    (c) Availability to Congress.--The report required by subsection 
(a) shall be made available to all members of Congress.

SEC. 6. DEFINITIONS.

    In this Act--
            (1) the term ``genocide'' means an offense under subsection 
        (a) of section 1091 of title 18, United States Code;
            (2) the term ``atrocities'' means war crimes, crimes 
        against humanity, and genocide;
            (3) the term ``transitional justice'' means the range of 
        judicial, nonjudicial, formal, informal, retributive, and 
        restorative measures employed by countries transitioning out of 
        armed conflict or repressive regimes to redress legacies of 
        atrocities and to promote long-term, sustainable peace; and
            (4) the term ``war crime'' has the meaning given the term 
        in section 2441(c) of title 18, United States Code.

SEC. 7. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed as authorizing the use of 
military force.

            Passed the Senate December 12, 2018.

            Attest:

                                                             Secretary.
115th CONGRESS

  2d Session

                                S. 1158

_______________________________________________________________________

                                 AN ACT

   To help prevent acts of genocide and other atrocity crimes, which 
   threaten national and international security, by enhancing United 
States Government capacities to prevent, mitigate, and respond to such 
                                crises.