[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1158 Reported in Senate (RS)]
<DOC>
Calendar No. 489
115th CONGRESS
2d 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, Mr. Wyden, Mr. Merkley, Mr. Casey, Mr. Bennet, Ms.
Collins, Mr. Van Hollen, Mrs. Feinstein, Mr. Murphy, Mr. Nelson, Mr.
Reed, Mr. King, and Mr. Boozman) introduced the following bill; which
was read twice and referred to the Committee on Foreign Relations
June 27, 2018
Reported by Mr. Corker, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Elie
Wiesel Genocide and Atrocities Prevention Act of 2017''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Findings.
<DELETED>Sec. 3. Definitions.
<DELETED>Sec. 4. Statement of policy regarding genocide and other
atrocity crimes prevention.
<DELETED>Sec. 5. Mass Atrocities Task Force.
<DELETED>Sec. 6. Training of Foreign Service officers in conflict and
atrocity crimes prevention.
<DELETED>Sec. 7. Report of the Director of National Intelligence.
<DELETED>Sec. 8. Complex Crises Fund.
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress makes the following findings:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) In the 2006 National Security Strategy,
President George W. Bush highlighted the ``moral imperative
that states take action to prevent and punish
genocide''.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) stated ``genocide and mass atrocities
also threaten core U.S. national interests'';
and</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (8) In February 2014, James Clapper, the former
Director of National Intelligence, stated in his annual
national security threat assessment to Congress--</DELETED>
<DELETED> (A) ``The overall risk of mass atrocities
worldwide will probably increase in 2014 and
beyond.'';</DELETED>
<DELETED> (B) ``Many countries at risk of mass
atrocities will likely be open to influence to prevent
or mitigate them.''; and</DELETED>
<DELETED> (C) ``Much of the world will almost
certainly turn to the United States for leadership to
prevent and respond to mass atrocities.''.</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED> (10) The United States can strengthen its atrocity
crimes prevention and peacebuilding efforts by--</DELETED>
<DELETED> (A) supporting civil society which serves
a central role in promoting nonviolent conflict
resolution and supporting early warning;</DELETED>
<DELETED> (B) enhancing cooperation and
understanding among ethnic and religious groups,
communities, and factions;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (D) promoting effective accountability
mechanisms to deter individuals and entities that may
incite or commit genocide or other atrocity crimes;
and</DELETED>
<DELETED> (E) implementing policies that hold
accountable individuals and entities that incite or
commit genocide or other atrocity crimes.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Genocide.--The term ``genocide'' has the
meaning given the term in section 1091(a) of title 18, United
States Code.</DELETED>
<DELETED> (3) Peacebuilding.--The term ``peacebuilding''
means nonviolent activities designed to prevent conflict
through--</DELETED>
<DELETED> (A) addressing root causes of
violence;</DELETED>
<DELETED> (B) promoting sustainable peace;</DELETED>
<DELETED> (C) delegitimizing violence as a dispute
resolution strategy;</DELETED>
<DELETED> (D) building capacity within society to
peacefully manage disputes, including the capacity of
governments to address citizen grievances;
and</DELETED>
<DELETED> (E) reducing vulnerability to triggers
that may spark violence.</DELETED>
<DELETED> (4) Secretary.--The term ``Secretary'' means the
Secretary of State.</DELETED>
<DELETED> (5) War crime.--The term ``war crime'' has the
meaning given the term in section 2441(c) of title 18, United
States Code.</DELETED>
<DELETED>SEC. 4. STATEMENT OF POLICY REGARDING GENOCIDE AND OTHER
ATROCITY CRIMES PREVENTION.</DELETED>
<DELETED> It is the policy of the United States--</DELETED>
<DELETED> (1) to regard the prevention of genocide and other
atrocity crimes as a core national security interest and a core
moral responsibility;</DELETED>
<DELETED> (2) to mitigate threats to United States security
by addressing the root causes of insecurity and violent
conflict to prevent--</DELETED>
<DELETED> (A) the mass slaughter of
civilians;</DELETED>
<DELETED> (B) conditions that prompt internal
displacement and the flow of refugees across borders;
and</DELETED>
<DELETED> (C) other violence that wreaks havoc on
regional stability and livelihoods;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (4) to pursue a Government-wide strategy to
prevent and respond to the risk of genocide and other atrocity
crimes by--</DELETED>
<DELETED> (A) strengthening the diplomatic, risk
analysis and monitoring, strategic planning, early
warning, and response capacities of the United States
Government;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (C) strengthening diplomatic response and
the use of foreign assistance to support transitional
justice measures, including criminal accountability,
for past atrocity crimes;</DELETED>
<DELETED> (D) supporting international atrocity
crimes prevention, conflict prevention, peacekeeping,
and peacebuilding mechanisms;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (F) promoting financial transparency and
enhancing anti-corruption initiatives as part of
addressing a root cause of insecurity; and</DELETED>
<DELETED> (5) to employ a variety of unilateral, bilateral,
and multilateral means to prevent and respond to conflicts and
atrocity crimes by--</DELETED>
<DELETED> (A) placing a high priority on timely,
preventive diplomatic efforts; and</DELETED>
<DELETED> (B) exercising a leadership role in
promoting international efforts to end crises
peacefully.</DELETED>
<DELETED>SEC. 5. MASS ATROCITIES TASK FORCE.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) to strengthen the Department of State's
efforts at atrocity prevention and response; and</DELETED>
<DELETED> (2) to assist other departments and agencies in
their efforts to do the same.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Responsibilities.--Under the direction of the Chair,
the Task Force shall--</DELETED>
<DELETED> (1) meet regularly to ensure that atrocity crimes
and the risk of atrocity crimes throughout the world are
adequately considered and addressed;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (3) monitor developments throughout the world that
heighten the risk of atrocity crimes;</DELETED>
<DELETED> (4) analyze and closely review specific atrocity
crimes threats or situations of heightened concern;</DELETED>
<DELETED> (5) identify any gaps in United States foreign
policy concerning regions or particular countries related to
atrocity crimes prevention and response;</DELETED>
<DELETED> (6) incorporate lessons learned from past United
States Government efforts to prevent and respond to atrocity
crimes;</DELETED>
<DELETED> (7) provide the Secretary with recommendations and
potential improvements to policies, programs, resources, and
tools related to atrocity crimes prevention and
response;</DELETED>
<DELETED> (8) coordinate the Department of State's
engagement in interagency processes led by the National
Security Council that share the Task Force's
objectives;</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) to provide an appropriate public
understanding of the work of the Task Force;</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (A) monitor, receive early warning of, and
coordinate responses to potential atrocity
crimes;</DELETED>
<DELETED> (B) deter and isolate perpetrators of
atrocity crimes through all available
authorities;</DELETED>
<DELETED> (C) promote criminal accountability and
deny impunity for perpetrators of atrocity crimes
within the United States and throughout the
world;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (E) encourage the deployment of civilian
advisors to prevent and respond to atrocity
crimes;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (G) develop and implement tailored foreign
assistance programs that address and mitigate the risks
of atrocity crimes;</DELETED>
<DELETED> (H) ensure intelligence collection,
analysis, and sharing of appropriate information;
and</DELETED>
<DELETED> (I) address any other issues that the Task
Force determines to be appropriate; and</DELETED>
<DELETED> (11) in carrying out paragraphs (1) through (9),
receive support from--</DELETED>
<DELETED> (A) the Bureau of Conflict and
Stabilization Operations;</DELETED>
<DELETED> (B) the Office of Global Criminal
Justice;</DELETED>
<DELETED> (C) the Bureau of Democracy, Human Rights
and Labor;</DELETED>
<DELETED> (D) the Bureau of International Narcotics
and Law Enforcement Affairs;</DELETED>
<DELETED> (E) the Bureau of International
Organization Affairs; and</DELETED>
<DELETED> (F) other bureaus and offices of the
Department of State, as appropriate.</DELETED>
<DELETED> (d) Composition.--The Task Force shall--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) operate with regular consultation and
participation of designated representatives, at the Assistant
Secretary level or higher, of--</DELETED>
<DELETED> (A) the Department of State;</DELETED>
<DELETED> (B) the United States Agency for
International Development;</DELETED>
<DELETED> (C) the Department of Defense;</DELETED>
<DELETED> (D) the Department of Justice;</DELETED>
<DELETED> (E) the Department of the
Treasury;</DELETED>
<DELETED> (F) the Department of Homeland
Security;</DELETED>
<DELETED> (G) the Central Intelligence
Agency;</DELETED>
<DELETED> (H) the Office of the Director of National
Intelligence;</DELETED>
<DELETED> (I) the United States Mission to the
United Nations;</DELETED>
<DELETED> (J) the Federal Bureau of
Investigation;</DELETED>
<DELETED> (K) the National Security Council;
and</DELETED>
<DELETED> (L) such other executive departments,
agencies, or offices as the Chair may
designate.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) a review, in consultation with the
representatives listed in subsection (d), consisting of--
</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (C) current annual global assessments of
sources of instability, conflict, and atrocity
crimes;</DELETED>
<DELETED> (D) recommendations to further strengthen
United States capabilities described in subparagraph
(A); and</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) recommendations to ensure shared
responsibility by--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) strengthening regional organizations;
and</DELETED>
<DELETED> (3) the implementation status of the
recommendations contained in the review described in paragraph
(1).</DELETED>
<DELETED> (f) Materials and Briefings.--The Chair and members of the
Task Force shall, annually (or more often as appropriate)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) provide briefings and materials, as
appropriate, to the relevant congressional
committees.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 6. TRAINING OF FOREIGN SERVICE OFFICERS IN CONFLICT AND
ATROCITY CRIMES PREVENTION.</DELETED>
<DELETED> Section 708(a) of the Foreign Service Act of 1980 (22
U.S.C. 4028(a)) is amended--</DELETED>
<DELETED> (1) in paragraph (2), by striking ``and'' at the
end;</DELETED>
<DELETED> (2) in paragraph (3), by striking the period at
the end and inserting ``; and''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 7. REPORT OF THE DIRECTOR OF NATIONAL
INTELLIGENCE.</DELETED>
<DELETED> 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--
</DELETED>
<DELETED> (1) a review of countries and regions at risk of
atrocity crimes; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 8. COMPLEX CRISES FUND.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) prevent, counter, and respond to the rise of
violent conflict and instability, including atrocity crimes;
or</DELETED>
<DELETED> (3) advance the consolidation of peace and
democracy.</DELETED>
<DELETED> (c) Limitations.--</DELETED>
<DELETED> (1) In general.--Amounts in the Fund may not be
expended for lethal assistance or to respond to natural
disasters.</DELETED>
<DELETED> (2) Administrative expenses.--Not more than 5
percent of the amounts in the Fund may be used for
administrative expenses.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) the Committee on Foreign Relations of the
Senate;</DELETED>
<DELETED> (2) the Committee on Appropriations of the
Senate;</DELETED>
<DELETED> (3) the Committee on Foreign Affairs of the House
of Representatives; and</DELETED>
<DELETED> (4) the Committee on Appropriations of the House
of Representatives.</DELETED>
<DELETED> (e) Waiver.--The notification requirement under subsection
(d) may be waived if--</DELETED>
<DELETED> (1) failure to do so would pose a substantial risk
to human health or welfare; and</DELETED>
<DELETED> (2) the congressional committees set forth in
subsection (d)--</DELETED>
<DELETED> (A) are notified not later than 3 days
after an obligation of funds; and</DELETED>
<DELETED> (B) are provided with an explanation of
the emergency circumstances that necessitated the
waiver.</DELETED>
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
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.
Calendar No. 489
115th CONGRESS
2d Session
S. 1158
_______________________________________________________________________
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.
_______________________________________________________________________
June 27, 2018
Reported with an amendment