[Congressional Record Volume 164, Number 196 (Wednesday, December 12, 2018)]
[Senate]
[Pages S7522-S7524]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       ELIE WIESEL GENOCIDE AND ATROCITIES PREVENTION ACT OF 2018

  Mr. GARDNER. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 489, S. 1158.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A 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.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Foreign Relations, with 
an amendment to strike all after the enacting clause and insert in lieu 
thereof 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 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 genocide and other atrocities 
     as in its national security interests;
       (2) work with partners and allies to address 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 civilian populations;
       (3) enhance the capacity of the United States to identify, 
     prevent, address, and respond to the drivers of atrocities 
     and violent conflict as part of the United States' 
     humanitarian, development, and strategic interests; and
       (4) pursue a Government-wide strategy to prevent and 
     respond to the risk of genocide and other 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 root 
     causes and drivers of violence, and systemic patterns of 
     human rights abuses and 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 a root cause of 
     insecurity; and
       (F) employing a variety of unilateral, bilateral, and 
     multilateral means to prevent and respond to conflicts and 
     atrocities by--
       (i) placing a high priority on timely, preventive 
     diplomatic efforts; and
       (ii) exercising a leadership role in promoting 
     international efforts to end crises and 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 or 
     violence, including gender-based violence, 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 of the House of Representatives 
     and the Committee on Foreign Relations of the Senate a 
     report, with a classified annex if necessary, that includes--
       (1) a review, in consultation with appropriate interagency 
     representatives, consisting of a detailed description of--
       (A) current efforts to prevent and respond to situations of 
     genocide, atrocities, and other mass violence, such as 
     gender-based violence and violence against religious and 
     other minorities, 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 to support conflict and 
     atrocities prevention activities in countries identified to 
     be at risk of atrocities;
       (D) a current global assessment of sources of instability, 
     conflict, and atrocities, the outcomes and findings of such 
     assessments and, where relevant, a review of activities, and 
     the efficacy of such activities, that the Board or successor 
     entity undertook to respond to sources of instability, 
     conflict, and atrocities;
       (E) countries and regions at risk of atrocities, including 
     a description of most likely pathways to violence, specific 
     risk factors, and at-risk target groups; 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 regional organizations;
       (3) the implementation status of the recommendations 
     contained in the previous review required by this section; 
     and
       (4) identification of the Federal departments and agencies 
     and civil society, academic, and nongovernmental 
     organizations

[[Page S7523]]

     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.

     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, or 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.

  Mr. GARDNER. I further ask unanimous consent that the committee-
reported substitute amendment be withdrawn; that the Cardin substitute 
amendment, which is at the desk, be considered and agreed to; that the 
bill, as amended, be read a third time and passed; and that the motions 
to reconsider be considered made and laid upon the table with no 
intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported substitute amendment was withdrawn.
  The amendment (No. 4102), in the nature of a substitute, was agreed 
to as follows:

                (Purpose: To make technical corrections)

       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
       (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.


[[Page S7524]]


  The bill (S. 1158), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

                          ____________________