[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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