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[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
```