    [United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 115-441
    115th Congress

    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

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    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--

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    (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

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    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.

    Approved January 14, 2019.

    LEGISLATIVE HISTORY--S. 1158 (H.R. 3030):
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    CONGRESSIONAL RECORD, Vol. 164 (2018):
    Dec. 12, considered and passed Senate.
    Dec. 21, considered and passed House.