[115th Congress Public Law 441]
[From the U.S. Government Publishing Office]
[[Page 5585]]
ELIE WIESEL GENOCIDE AND ATROCITIES PREVENTION ACT OF 2018
[[Page 132 STAT. 5586]]
Public Law 115-441
115th Congress
An Act
To help prevent acts of genocide and other atrocity crimes, which
threaten national and international security, by enhancing United States
Government capacities to prevent, mitigate, and respond to such
crises. <<NOTE: Jan. 14, 2019 - [S. 1158]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Elie Wiesel
Genocide and Atrocities Prevention Act of 2018. 22 USC 2651 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Elie Wiesel Genocide and Atrocities
Prevention Act of 2018''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that the United States Government's
efforts at atrocity prevention and response through interagency
coordination, such as the Atrocities Prevention Board (referred to in
this Act as the ``Board'') or successor entity are critically important,
and that appropriate officials of the United States Government should--
(1) meet regularly to monitor developments throughout the
world that heighten the risk of atrocities;
(2) identify any gaps in United States foreign policy
concerning regions or particular countries related to atrocity
prevention and response;
(3) facilitate the development and implementation of
policies to enhance the capacity of the United States to prevent
and respond to atrocities worldwide;
(4) provide the President and Congress with recommendations
to improve policies, programs, resources, and tools related to
atrocity prevention and response;
(5) conduct outreach, including consultations, not less
frequently than biannually, with representatives of
nongovernmental organizations and civil society dedicated to
atrocity prevention and response;
(6) operate with regular consultation and participation of
designated interagency representatives of relevant Federal
agencies, executive departments, or offices; and
(7) ensure resources are made available for the policies,
programs, and tools related to atrocity prevention and response.
SEC. 3. <<NOTE: 22 USC 2656 note.>> STATEMENT OF POLICY.
It shall be the policy of the United States to--
(1) regard the prevention of atrocities as in its national
interest;
(2) work with partners and allies, including to build their
capacity, and enhance the capacity of the United States, to
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identify, prevent, and respond to the causes of atrocities,
including insecurity, mass displacement, violent conflict, and
other conditions that may lead to such atrocities; and
(3) pursue a United States Government-wide strategy to
identify, prevent, and respond to the risk of atrocities by--
(A) strengthening the diplomatic, risk analysis and
monitoring, strategic planning, early warning, and
response capacities of the Government;
(B) improving the use of foreign assistance to
respond early, effectively, and urgently in order to
address the causes of atrocities;
(C) strengthening diplomatic response and the
effective use of foreign assistance to support
appropriate transitional justice measures, including
criminal accountability, for past atrocities;
(D) supporting and strengthening local civil
society, including human rights defenders and others
working to help prevent and respond to atrocities;
(E) promoting financial transparency and enhancing
anti-corruption initiatives as part of addressing causes
of conditions that may lead to atrocities; and
(F) employing a variety of unilateral, bilateral,
and multilateral means to prevent and respond to
atrocities by--
(i) placing a high priority on timely,
preventive diplomatic efforts; and
(ii) exercising leadership in promoting
international efforts to prevent atrocities.
SEC. 4. TRAINING OF FOREIGN SERVICE OFFICERS IN CONFLICT AND
ATROCITIES PREVENTION.
Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 4028) is
amended in subsection (a)(1)--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) <<NOTE: Determination. Consultation.>> for
Foreign Service Officers who will be assigned to a
country experiencing or at risk of mass atrocities, as
determined by the Secretary of State, in consultation
with the Director of National Intelligence and relevant
civil society organizations, instruction on recognizing
patterns of escalation and early warning signs of
potential atrocities, and methods of preventing and
responding to atrocities, including conflict assessment
methods, peacebuilding, mediation for prevention, early
action and response, and appropriate transitional
justice measures to address atrocities.''.
SEC. 5. REPORTS.
(a) In General <<NOTE: President.>> .--Not later than 180 days after
the date of the enactment of this Act and annually thereafter for the
following six years, the President shall transmit to the Committee on
Foreign Affairs and the Committee on Appropriations of the House of
Representatives and the Committee on Foreign Relations and the Committee
on Appropriations of the Senate a report, with a classified annex if
necessary, that includes--
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(1) <<NOTE: Review. Consultation.>> a review, in
consultation with appropriate interagency representatives,
including the Board, consisting of a detailed description of--
(A) <<NOTE: Analysis.>> current efforts to prevent
and respond to atrocities, based on United States and
locally identified indicators, including an analysis of
capacities and constraints for interagency detection,
early warning and response, information-sharing,
contingency planning, and coordination;
(B) <<NOTE: Recommenda- tions.>> recommendations to
further strengthen United States capabilities described
in subparagraph (A);
(C) funding expended by relevant Federal departments
and agencies on atrocities prevention activities,
including appropriate transitional justice measures and
the legal, procedural, and resource constraints faced by
the Department of State and the United States Agency for
International Development throughout respective
budgeting, strategic planning, and management cycles
regarding support for atrocity prevention activities;
(D) <<NOTE: Assessment.>> a global assessment of
ongoing atrocities, including the findings of such
assessment and, where relevant, the efficacy of any
steps taken by the Board or relevant Federal agency to
respond to such atrocities;
(E) countries and regions at risk of atrocities,
including a description of specific risk factors, at-
risk groups, and likely scenarios in which atrocities
would occur; and
(F) the atrocities prevention training for Foreign
Service officers authorized under subparagraph (D) of
section 708(a)(1) of the Foreign Service Act of 1980, as
added by section 4;
(2) <<NOTE: Recommenda- tions.>> recommendations to ensure
shared responsibility by--
(A) enhancing multilateral mechanisms for preventing
atrocities, including strengthening the role of
international organizations and international financial
institutions in conflict prevention, mitigation, and
response; and
(B) strengthening relevant regional organizations;
(3) the implementation status of the recommendations
contained in the previous review required by this section; and
(4) identification of the Federal agencies and civil
society, academic, and nongovernmental organizations and
institutions consulted for preparation of such report.
(b) Consideration of Recommendations.--The preparation of the report
required by subsection (a) shall include a consideration of analysis,
reporting, and policy recommendations to prevent and respond to
atrocities produced by civil society, academic, and other
nongovernmental organizations and institutions.
(c) Availability to Congress.--The report required by subsection (a)
shall be made available to all members of Congress.
SEC. 6. <<NOTE: 22 USC 2656 note.>> DEFINITIONS.
In this Act--
(1) the term ``genocide'' means an offense under subsection
(a) of section 1091 of title 18, United States Code;
(2) the term ``atrocities'' means war crimes, crimes against
humanity, and genocide;
(3) the term ``transitional justice'' means the range of
judicial, nonjudicial, formal, informal, retributive, and
restorative measures employed by countries transitioning out of
armed
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conflict or repressive regimes to redress legacies of atrocities
and to promote long-term, sustainable peace; and
(4) the term ``war crime'' has the meaning given the term in
section 2441(c) of title 18, United States Code.
SEC. 7. <<NOTE: 22 USC 2656 note.>> RULE OF CONSTRUCTION.
Nothing in this Act shall be construed as authorizing the use of
military force.
Approved January 14, 2019.
LEGISLATIVE HISTORY--S. 1158 (H.R. 3030):
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CONGRESSIONAL RECORD, Vol. 164 (2018):
Dec. 12, considered and passed Senate.
Dec. 21, considered and passed House.
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