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

<DOC>






115th CONGRESS
  1st Session
                                S. 1158

   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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 17, 2017

Mr. Cardin (for himself, Mr. Young, Mr. Tillis, Mr. Durbin, Mr. Rubio, 
     Mr. Menendez, Ms. Murkowski, Mr. Blumenthal, Ms. Warren, Mr. 
Whitehouse, Mrs. Gillibrand, Ms. Klobuchar, Mrs. Shaheen, Mr. Franken, 
Mr. Peters, Mr. Coons, Ms. Stabenow, Mr. Booker, Mr. Markey, Mr. Brown, 
 Ms. Baldwin, and Mr. Wyden) introduced the following bill; which was 
     read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
   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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Elie Wiesel 
Genocide and Atrocities Prevention Act of 2017''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Statement of policy regarding genocide and other atrocity 
                            crimes prevention.
Sec. 5. Mass Atrocities Task Force.
Sec. 6. Training of Foreign Service officers in conflict and atrocity 
                            crimes prevention.
Sec. 7. Report of the Director of National Intelligence.
Sec. 8. Complex Crises Fund.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The nature of genocide and other atrocity crimes, 
        including war crimes, crimes against humanity, and ethnic 
        cleansing, includes shocking acts of violence perpetrated by 
        governments and non-state actors, which have killed millions of 
        civilians and other innocent individuals.
            (2) The commitment to prevent acts of genocide and other 
        atrocity crimes has been a centerpiece of policy by consecutive 
        administrations of the United States Government.
            (3) The United States was the first country in the world to 
        sign the Convention on the Prevention and Punishment of the 
        Crime of Genocide, signed at Paris December 9, 1948, and 
        President Ronald Reagan signed implementing legislation 
        allowing the United States to become a party to the Convention 
        on November 25, 1988.
            (4) In the 2006 National Security Strategy, President 
        George W. Bush highlighted the ``moral imperative that states 
        take action to prevent and punish genocide''.
            (5) In 2008, the bipartisan Genocide Prevention Task Force, 
        which was co-chaired by former Secretary of Defense William 
        Cohen and former Secretary of State Madeleine Albright--
                    (A) stated ``genocide and mass atrocities also 
                threaten core U.S. national interests''; and
                    (B) recommended the creation of ``a new standing 
                interagency mechanism for analysis of threats [of 
                genocide and other mass atrocities] and coordination of 
                appropriate preventive action''.
            (6) In December 2010, the Senate unanimously passed Senate 
        Concurrent Resolution 71, which recognized the United States 
        ``national interest in helping to prevent and mitigate acts of 
        genocide and other mass atrocities against civilians, and 
        supporting and encouraging efforts to develop a whole of 
        government approach to prevent and mitigate such acts''.
            (7) In 2012, President Obama, in Presidential Study 
        Directive 10, which ordered the creation of the Atrocities 
        Prevention Board, stated that he would ensure that the United 
        States Government has the required structures, tools, and 
        mechanisms to better prevent and respond to atrocity crimes.
            (8) In February 2014, James Clapper, the former Director of 
        National Intelligence, stated in his annual national security 
        threat assessment to Congress--
                    (A) ``The overall risk of mass atrocities worldwide 
                will probably increase in 2014 and beyond.'';
                    (B) ``Many countries at risk of mass atrocities 
                will likely be open to influence to prevent or mitigate 
                them.''; and
                    (C) ``Much of the world will almost certainly turn 
                to the United States for leadership to prevent and 
                respond to mass atrocities.''.
            (9) In February 2016, former Director of National 
        Intelligence Clapper stated, in his annual national security 
        threat assessment to Congress, ``Risks of atrocities, large-
        scale violence, and regime-threatening instability will remain 
        elevated in 2016.''.
            (10) The United States can strengthen its atrocity crimes 
        prevention and peacebuilding efforts by--
                    (A) supporting civil society which serves a central 
                role in promoting nonviolent conflict resolution and 
                supporting early warning;
                    (B) enhancing cooperation and understanding among 
                ethnic and religious groups, communities, and factions;
                    (C) working with the international community to 
                ensure shared responsibility by enhancing multilateral 
                and regional mechanisms that seek to prevent genocide 
                and other atrocity crimes;
                    (D) promoting effective accountability mechanisms 
                to deter individuals and entities that may incite or 
                commit genocide or other atrocity crimes; and
                    (E) implementing policies that hold accountable 
                individuals and entities that incite or commit genocide 
                or other atrocity crimes.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Atrocity crimes; mass atrocities.--The terms ``atrocity 
        crimes'' and ``mass atrocities'' mean large scale and 
        deliberate acts of violence against civilians and include 
        genocide, war crimes, crimes against humanity, and ethnic 
        cleansing.
            (2) Genocide.--The term ``genocide'' has the meaning given 
        the term in section 1091(a) of title 18, United States Code.
            (3) Peacebuilding.--The term ``peacebuilding'' means 
        nonviolent activities designed to prevent conflict through--
                    (A) addressing root causes of violence;
                    (B) promoting sustainable peace;
                    (C) delegitimizing violence as a dispute resolution 
                strategy;
                    (D) building capacity within society to peacefully 
                manage disputes, including the capacity of governments 
                to address citizen grievances; and
                    (E) reducing vulnerability to triggers that may 
                spark violence.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of State.
            (5) War crime.--The term ``war crime'' has the meaning 
        given the term in section 2441(c) of title 18, United States 
        Code.

SEC. 4. STATEMENT OF POLICY REGARDING GENOCIDE AND OTHER ATROCITY 
              CRIMES PREVENTION.

    It is the policy of the United States--
            (1) to regard the prevention of genocide and other atrocity 
        crimes as a core national security interest and a core moral 
        responsibility;
            (2) to mitigate threats to United States security by 
        addressing the root causes of insecurity and violent conflict 
        to prevent--
                    (A) the mass slaughter of civilians;
                    (B) conditions that prompt internal displacement 
                and the flow of refugees across borders; and
                    (C) other violence that wreaks havoc on regional 
                stability and livelihoods;
            (3) to enhance our Nation's capacity to identify, prevent, 
        address, and respond to the drivers of atrocity crimes and 
        violent conflict as part of our humanitarian, development, and 
        strategic interests;
            (4) to pursue a Government-wide strategy to prevent and 
        respond to the risk of genocide and other atrocity crimes by--
                    (A) strengthening the diplomatic, risk analysis and 
                monitoring, strategic planning, early warning, and 
                response capacities of the United States Government;
                    (B) improving the use of foreign assistance to 
                respond early, effectively, and urgently in order to 
                address the root causes and drivers of violence, 
                systemic patterns of human rights abuses, and atrocity 
                crimes;
                    (C) strengthening diplomatic response and the use 
                of foreign assistance to support transitional justice 
                measures, including criminal accountability, for past 
                atrocity crimes;
                    (D) supporting international atrocity crimes 
                prevention, conflict prevention, peacekeeping, and 
                peacebuilding mechanisms;
                    (E) supporting and strengthening local civil 
                society, including human rights defenders and others 
                working to help prevent and respond to atrocity crimes, 
                and protecting their ability to receive support from 
                and partner with civil society at large; and
                    (F) promoting financial transparency and enhancing 
                anti-corruption initiatives as part of addressing a 
                root cause of insecurity; and
            (5) to employ a variety of unilateral, bilateral, and 
        multilateral means to prevent and respond to conflicts and 
        atrocity crimes by--
                    (A) placing a high priority on timely, preventive 
                diplomatic efforts; and
                    (B) exercising a leadership role in promoting 
                international efforts to end crises peacefully.

SEC. 5. MASS ATROCITIES TASK FORCE.

    (a) Establishment.--The President shall instruct the Secretary to 
establish a Mass Atrocities Task Force (referred to in this section as 
the ``Task Force'') with the mandate--
            (1) to strengthen the Department of State's efforts at 
        atrocity prevention and response; and
            (2) to assist other departments and agencies in their 
        efforts to do the same.
    (b) Leadership.--The Under Secretary of State for Civilian 
Security, Democracy, and Human Rights, or another position of 
equivalent rank, shall serve as the Chair of the Task Force and shall 
report to the Secretary.
    (c) Responsibilities.--Under the direction of the Chair, the Task 
Force shall--
            (1) meet regularly to ensure that atrocity crimes and the 
        risk of atrocity crimes throughout the world are adequately 
        considered and addressed;
            (2) facilitate the development and execution of policies 
        and tools to enhance the capacity of the United States to 
        prevent and respond to atrocity crimes worldwide;
            (3) monitor developments throughout the world that heighten 
        the risk of atrocity crimes;
            (4) analyze and closely review specific atrocity crimes 
        threats or situations of heightened concern;
            (5) identify any gaps in United States foreign policy 
        concerning regions or particular countries related to atrocity 
        crimes prevention and response;
            (6) incorporate lessons learned from past United States 
        Government efforts to prevent and respond to atrocity crimes;
            (7) provide the Secretary with recommendations and 
        potential improvements to policies, programs, resources, and 
        tools related to atrocity crimes prevention and response;
            (8) coordinate the Department of State's engagement in 
        interagency processes led by the National Security Council that 
        share the Task Force's objectives;
            (9) conduct outreach, including consultations, not less 
        frequently than biannually, with representatives of 
        nongovernmental organizations dedicated to atrocity crimes 
        prevention and response and other appropriate parties--
                    (A) to receive assistance for the Task Force's 
                efforts to address emerging atrocity crimes threats or 
                situations and develop new or improved policies and 
                tools; and
                    (B) to provide an appropriate public understanding 
                of the work of the Task Force;
            (10) in carrying out paragraphs (1) through (9), focus on 
        particular ways for the United States Government to develop, 
        strengthen, and enhance its capabilities to--
                    (A) monitor, receive early warning of, and 
                coordinate responses to potential atrocity crimes;
                    (B) deter and isolate perpetrators of atrocity 
                crimes through all available authorities;
                    (C) promote criminal accountability and deny 
                impunity for perpetrators of atrocity crimes within the 
                United States and throughout the world;
                    (D) engage allies and partners, including the 
                United Nations Office on Genocide Prevention and the 
                Responsibility to Protect and other multilateral and 
                regional institutions, to build capacities and mobilize 
                action for preventing and responding to atrocity 
                crimes;
                    (E) encourage the deployment of civilian advisors 
                to prevent and respond to atrocity crimes;
                    (F) increase capacity and develop doctrine for the 
                United States foreign service, civil service, armed 
                services, development professionals, and other actors 
                to engage in the full spectrum of atrocity crimes 
                prevention and response activities;
                    (G) develop and implement tailored foreign 
                assistance programs that address and mitigate the risks 
                of atrocity crimes;
                    (H) ensure intelligence collection, analysis, and 
                sharing of appropriate information; and
                    (I) address any other issues that the Task Force 
                determines to be appropriate; and
            (11) in carrying out paragraphs (1) through (9), receive 
        support from--
                    (A) the Bureau of Conflict and Stabilization 
                Operations;
                    (B) the Office of Global Criminal Justice;
                    (C) the Bureau of Democracy, Human Rights and 
                Labor;
                    (D) the Bureau of International Narcotics and Law 
                Enforcement Affairs;
                    (E) the Bureau of International Organization 
                Affairs; and
                    (F) other bureaus and offices of the Department of 
                State, as appropriate.
    (d) Composition.--The Task Force shall--
            (1) seek to ensure that its efforts complement and support 
        interagency processes led by the National Security Council that 
        share the Task Force's objectives; and
            (2) operate with regular consultation and participation of 
        designated representatives, at the Assistant Secretary level or 
        higher, of--
                    (A) the Department of State;
                    (B) the United States Agency for International 
                Development;
                    (C) the Department of Defense;
                    (D) the Department of Justice;
                    (E) the Department of the Treasury;
                    (F) the Department of Homeland Security;
                    (G) the Central Intelligence Agency;
                    (H) the Office of the Director of National 
                Intelligence;
                    (I) the United States Mission to the United 
                Nations;
                    (J) the Federal Bureau of Investigation;
                    (K) the National Security Council; and
                    (L) such other executive departments, agencies, or 
                offices as the Chair may designate.
    (e) Report.--Not later than 180 days after the date of the 
enactment of this Act, and every 3 years thereafter for the following 6 
years, the Secretary, in consultation with the Task Force, shall submit 
an unclassified report, with a classified annex if necessary, to the 
Committee on Foreign Relations of the Senate, the Committee on 
Appropriations of the Senate, the Committee on Foreign Affairs of the 
House of Representatives, and the Committee on Appropriations of the 
House of Representatives that includes--
            (1) a review, in consultation with the representatives 
        listed in subsection (d), consisting of--
                    (A) an evaluation of the efficacy of current 
                efforts based on United States and locally identified 
                indicators, including capacities and constraints for 
                Government-wide detection, early warning and response, 
                information-sharing, contingency planning, and 
                coordination of efforts to prevent and respond to 
                situations of atrocity crimes and other mass violence, 
                such as gender-based violence;
                    (B) an assessment of the funding expended by 
                relevant Federal agencies on atrocity crimes prevention 
                activities, including 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 to 
                support conflict and atrocity crimes prevention 
                activities in countries identified to be at risk of 
                atrocity crimes;
                    (C) current annual global assessments of sources of 
                instability, conflict, and atrocity crimes;
                    (D) recommendations to further strengthen United 
                States capabilities described in subparagraph (A); and
                    (E) consideration of analysis, reporting, and 
                policy recommendations to prevent and respond to 
                atrocity crimes produced by civil society, academic, 
                and other nongovernmental organizations and 
                institutions;
            (2) recommendations to ensure shared responsibility by--
                    (A) enhancing multilateral mechanisms for 
                preventing atrocity crimes, including strengthening the 
                role of international organizations and international 
                financial institutions in conflict prevention, 
                mitigation, and response; and
                    (B) strengthening regional organizations; and
            (3) the implementation status of the recommendations 
        contained in the review described in paragraph (1).
    (f) Materials and Briefings.--The Chair and members of the Task 
Force shall, annually (or more often as appropriate)--
            (1) provide briefings to the Committee on Foreign Relations 
        of the Senate and the Committee on Foreign Affairs of the House 
        of Representatives and the Committee on Foreign Affairs of the 
        House of Representatives; and
            (2) provide briefings and materials, as appropriate, to the 
        relevant congressional committees.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for fiscal years 2018, 2019, 
and 2020 to carry out this section.

SEC. 6. TRAINING OF FOREIGN SERVICE OFFICERS IN CONFLICT AND ATROCITY 
              CRIMES PREVENTION.

    Section 708(a) of the Foreign Service Act of 1980 (22 U.S.C. 
4028(a)) is amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (3), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(4) instruction on recognizing patterns of escalation and 
        early warning signs of potential atrocity crimes or violence, 
        including gender-based violence, and methods of conflict 
        assessment, peacebuilding, mediation for prevention, early 
        action and response, and transitional justice measures to 
        address atrocity crimes.''.

SEC. 7. REPORT OF THE DIRECTOR OF NATIONAL INTELLIGENCE.

    The Director of National Intelligence is encouraged to include, in 
his or her annual (or more often as appropriate) unclassified 
testimony, accompanied by a classified annex, if necessary, to Congress 
on threats to United States national security--
            (1) a review of countries and regions at risk of atrocity 
        crimes; and
            (2) whenever possible, specific mention of countries and 
        regions at immediate risk of atrocity crimes, including most 
        likely pathways to violence, specific risk factors, potential 
        groups of perpetrators, and at-risk target groups.

SEC. 8. COMPLEX CRISES FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund, which shall be known as the ``Complex Crises 
Fund'' (referred to in this section as the ``Fund''), to enable the 
Secretary of State and the Administrator of the United States Agency 
for International Development to support programs and activities to 
prevent or respond to emerging or unforeseen foreign challenges and 
complex crises overseas, including potential atrocity crimes.
    (b) Purposes of Assistance.--Notwithstanding any other provision of 
law, except section 620M of the Foreign Assistance Act of 1961 (22 
U.S.C. 2378d), amounts in the Fund may be used to carry out the 
provisions of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et 
seq.) to support programs and activities that--
            (1) mitigate or respond to emerging or unforeseen complex 
        crises, including urgent humanitarian, political, social, 
        justice, or economic challenges that threaten stability in any 
        country or region;
            (2) prevent, counter, and respond to the rise of violent 
        conflict and instability, including atrocity crimes; or
            (3) advance the consolidation of peace and democracy.
    (c) Limitations.--
            (1) In general.--Amounts in the Fund may not be expended 
        for lethal assistance or to respond to natural disasters.
            (2) Administrative expenses.--Not more than 5 percent of 
        the amounts in the Fund may be used for administrative 
        expenses.
    (d) Congressional Notification.--Not later than 5 days before 
amounts from the Fund are obligated, the Secretary of State or the 
Administrator of the United States Agency for International 
Development, as appropriate, shall submit notification of such 
obligation to--
            (1) the Committee on Foreign Relations of the Senate;
            (2) the Committee on Appropriations of the Senate;
            (3) the Committee on Foreign Affairs of the House of 
        Representatives; and
            (4) the Committee on Appropriations of the House of 
        Representatives.
    (e) Waiver.--The notification requirement under subsection (d) may 
be waived if--
            (1) failure to do so would pose a substantial risk to human 
        health or welfare; and
            (2) the congressional committees set forth in subsection 
        (d)--
                    (A) are notified not later than 3 days after an 
                obligation of funds; and
                    (B) are provided with an explanation of the 
                emergency circumstances that necessitated the waiver.
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