[Congressional Record Volume 164, Number 196 (Wednesday, December 12, 2018)]
[Senate]
[Pages S7519-S7520]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4102. Mr. GARDNER (for Mr. Cardin) proposed an amendment to the
bill 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; as follows:
Strike all after the enacting clause, and insert the
following:
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
[[Page S7520]]
(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.
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