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Bill
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H.R. 3030 — what changed

Elie Wiesel Genocide and Atrocities Prevention Act of 2018

From Introduced in House to Engrossed in House. 6 sections amended and 2 removed between Introduced in House and Engrossed in House.

Section 1 Short title

added This Act may be cited as the “Elie Wiesel Genocide and Atrocities Prevention Act of 2018”.

(a)
removed Short title— This Act may be cited as the “Elie Wiesel Genocide and Atrocities Prevention Act of 2017”.
(b)
removed Table of contents— The table of contents for this Act is as follows:

Sec. 2 Sense of Congress

changed It is the sense of Congress makes that the following findings:United States affirms the critical importance of strengthening the United States Government’s efforts at atrocity prevention and response through interagency coordination such as the Atrocities Prevention Board (referred to in this section as the “Board”) or successor entity. In carrying out the work of the Board or successor entity, appropriate officials of the United States Government should—

(1)
changed 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 meet regularly to monitor developments throughout the world that heighten the risk of civilians and other innocent individuals.atrocities;
(2)
changed The commitment to prevent acts of genocide and other atrocity crimes has been a centerpiece of policy by consecutive administrations of the identify any gaps in United States Government.foreign policy concerning regions or particular countries related to atrocity prevention and response;
(3)
changed The United States was the first country in the world to sign the Convention on facilitate the Prevention development and Punishment implementation of policies to enhance the Crime capacity of Genocide, signed at Paris December 9, 1948, and President Ronald Reagan signed implementing legislation allowing the United States to become a party prevent and respond to the Convention on November 25, 1988.atrocities worldwide;
(4)
changed In provide the 2006 National Security Strategy, President George W. Bush highlighted the “moral imperative that states take action with recommendations to prevent improve policies, programs, resources, and punish genocide”.tools related to atrocity prevention and response;
(5)
changed In 2008, the bipartisan Genocide Prevention Task Force, which was co-chaired by former Secretary conduct outreach, including consultations, not less frequently than biannually, with representatives of Defense William Cohen nongovernmental organizations and former Secretary of State Madeleine Albright—civil society dedicated to atrocity prevention and response;
(A)
removed stated “genocide and mass atrocities also threaten core U.S. national interests”; and
(B)
removed 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)
changed In December 2010, the Senate unanimously passed Senate Concurrent Resolution 71, which recognized the United States “national interest in helping to prevent operate with regular consultation and mitigate acts participation of genocide and other mass atrocities against civilians, and supporting and encouraging efforts to develop a whole designated interagency representatives of government approach to prevent and mitigate such acts”.relevant Federal agencies, executive departments, or offices; and
(7)
changed 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 funds are made available for the required structures, tools, and mechanisms to better prevent policies, programs, resources, and respond tools related to atrocity crimes.prevention and response, including through mechanisms such as the Complex Crises Fund or other related accounts.
(8)
removed In February 2014, James Clapper, the former Director of National Intelligence, stated in his annual national security threat assessment to Congress—
(A)
removed “The overall risk of mass atrocities worldwide will probably increase in 2014 and beyond.”;
(B)
removed “Many countries at risk of mass atrocities will likely be open to influence to prevent or mitigate them.”; and
(C)
removed “Much of the world will almost certainly turn to the United States for leadership to prevent and respond to mass atrocities.”.
(9)
removed 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)
removed The United States can strengthen its atrocity crimes prevention and peacebuilding efforts by—
(A)
removed supporting civil society which serves a central role in promoting nonviolent conflict resolution and supporting early warning;
(B)
removed enhancing cooperation and understanding among ethnic and religious groups, communities, and factions;
(C)
removed 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)
removed promoting effective accountability mechanisms to deter individuals and entities that may incite or commit genocide or other atrocity crimes; and
(E)
removed implementing policies that hold accountable individuals and entities that incite or commit genocide or other atrocity crimes.

Sec. 3 Statement of policy

changed In this Act:It shall be the policy of the United States to—

(1)
changed Atrocity crimes; mass atrocities— The terms atrocity crimes and mass atrocities mean large scale and deliberate acts regard the prevention of violence against civilians and include genocide, war crimes, crimes against humanity, genocide and ethnic cleansing.other atrocities as in its national security interests;
(2)
changed Genocide— The term genocide has the meaning given the term in section 1091(a) of title 18, mitigate threats to United States Code.security by addressing the root causes of insecurity and violent conflict to prevent—
(A)
added the mass slaughter of civilians;
(B)
added conditions that prompt internal displacement and the flow of refugees across borders; and
(C)
added other violence that wreaks havoc on regional stability and livelihoods;
(3)
changed Peacebuilding— The term peacebuilding means nonviolent activities designed enhance the capacity of the United States to prevent identify, prevent, address, and respond to the drivers of atrocities and violent conflict through—as part of the United States’ humanitarian, development, and strategic interests; and
(A)
removed addressing root causes of violence;
(B)
removed promoting sustainable peace;
(C)
removed delegitimizing violence as a dispute resolution strategy;
(D)
removed building capacity within society to peacefully manage disputes, including the capacity of governments to address citizen grievances; and
(E)
removed reducing vulnerability to triggers that may spark violence.
(4)
changed Secretary— The term Secretary means pursue a Government-wide strategy to prevent and respond to the Secretary risk of State.genocide and other atrocities by—
(A)
added strengthening the diplomatic, risk analysis and monitoring, strategic planning, early warning, and response capacities of the Government;
(B)
added 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)
added strengthening diplomatic response and the use of foreign assistance to support transitional justice measures, including criminal accountability, for past atrocities;
(D)
added supporting and strengthening local civil society, including human rights defenders and others working to help prevent and respond to atrocities, and protecting their ability to receive support from and partner with civil society at large;
(E)
added promoting financial transparency and enhancing anti-corruption initiatives as part of addressing a root cause of insecurity; and
(F)
added employing a variety of unilateral, bilateral, and multilateral means to prevent and respond to conflicts and atrocities by—
(i)
added placing a high priority on timely, preventive diplomatic efforts; and
(ii)
added exercising a leadership role in promoting international efforts to end crises peacefully.
(5)
removed War crime— The term war crime has the meaning given the term in section 2441(c) of title 18, United States Code.

Sec. 4 Training of Foreign Service officers in conflict and atrocities prevention

changed It is the policy Section 708 of the United States—Foreign Service Act of 1980 (22 U.S.C. 4028) is amended—

(1)
changed to regard the prevention of genocide and other atrocity crimes as a core national security interest and a core moral responsibility;in subsection (a)(1)—
(A)
added in subparagraph (B), by striking “and” at the end;
(B)
added in subparagraph (C), by striking the period at the end and inserting “; and”; and
(C)
added by adding at the end the following new subparagraph:

added “(D) instruction on recognizing patterns of escalation and early warning signs of potential atrocities 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 atrocities.”

(2)
changed to mitigate threats to United States security by addressing adding at the root causes of insecurity and violent conflict to prevent—end the following new subsection:

added “(d) Definition—In this section, the term “peacebuilding” means nonviolent activities designed to prevent conflict through—

added “(1) addressing root causes of violence;

added “(2) promoting sustainable peace;

added “(3) delegitimizing violence as a dispute resolution strategy;

added “(4) building capacity within society to peacefully manage disputes, including the capacity of governments to address citizen grievances; and

added “(5) reducing vulnerability to triggers that may spark violence.”

(A)
removed the mass slaughter of civilians;
(B)
removed conditions that prompt internal displacement and the flow of refugees across borders; and
(C)
removed other violence that wreaks havoc on regional stability and livelihoods;
(3)
removed 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)
removed to pursue a Government-wide strategy to prevent and respond to the risk of genocide and other atrocity crimes by—
(A)
removed strengthening the diplomatic, risk analysis and monitoring, strategic planning, early warning, and response capacities of the United States Government;
(B)
removed 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)
removed strengthening diplomatic response and the use of foreign assistance to support transitional justice measures, including criminal accountability, for past atrocity crimes;
(D)
removed supporting international atrocity crimes prevention, conflict prevention, peacekeeping, and peacebuilding mechanisms;
(E)
removed 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)
removed promoting financial transparency and enhancing anti-corruption initiatives as part of addressing a root cause of insecurity; and
(5)
removed to employ a variety of unilateral, bilateral, and multilateral means to prevent and respond to conflicts and atrocity crimes by—
(A)
removed placing a high priority on timely, preventive diplomatic efforts; and
(B)
removed exercising a leadership role in promoting international efforts to end crises peacefully.

Sec. 5 Reports

added Not later than 180 days after the date of the enactment of this Act and annually thereafter for the following 6 years, the President shall transmit to the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate a report, with a classified annex if necessary, that includes—

(a)
removed 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)
removed to strengthen the Department of State’s efforts at atrocity prevention and response; and
(2)
removed to assist other departments and agencies in their efforts to do the same.
(1)
changed Leadership— The Under Secretary of State for Civilian Security, Democracy, and Human Rights, or another position of equivalent rank, shall serve as the Chair a review, in consultation with appropriate interagency representatives, consisting of the Task Force and shall report to the Secretary.a detailed description of—
(A)
added 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 genocide and atrocities and other mass violence, such as gender-based violence and violence against religious minorities;
(B)
added recommendations to further strengthen United States capabilities described in subparagraph (A);
(C)
added funding expended by relevant Federal departments and agencies on atrocities 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 atrocities prevention activities in countries identified to be at risk of atrocities;
(D)
added current annual Government global assessments 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 Atrocities Prevention Board or successor entity undertook to respond to sources of instability, conflict, and atrocities;
(E)
added consideration of analysis, reporting, and policy recommendations to prevent and respond to atrocities produced by civil society, academic, and other nongovernmental organizations and institutions;
(F)
added countries and regions at risk of atrocities, including a description of most likely pathways to violence, specific risk factors, potential groups of perpetrators, and at-risk target groups; and
(G)
added instruction on recognizing patterns of escalation and early warning signs of potential atrocities and methods of conflict assessment, peace-building, mediation for prevention, early action and response, and transitional justice measures to address atrocities in the Federal training programs for Foreign Service officers;
(c)
removed Responsibilities— Under the direction of the Chair, the Task Force shall—
(1)
removed meet regularly to ensure that atrocity crimes and the risk of atrocity crimes throughout the world are adequately considered and addressed;
(2)
removed 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)
removed monitor developments throughout the world that heighten the risk of atrocity crimes;
(4)
removed analyze and closely review specific atrocity crimes threats or situations of heightened concern;
(5)
removed identify any gaps in United States foreign policy concerning regions or particular countries related to atrocity crimes prevention and response;
(6)
removed incorporate lessons learned from past United States Government efforts to prevent and respond to atrocity crimes;
(7)
removed provide the Secretary with recommendations and potential improvements to policies, programs, resources, and tools related to atrocity crimes prevention and response;
(8)
removed coordinate the Department of State’s engagement in interagency processes led by the National Security Council that share the Task Force’s objectives;
(9)
removed 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)
removed 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)
removed to provide an appropriate public understanding of the work of the Task Force;
(10)
removed 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)
removed monitor, receive early warning of, and coordinate responses to potential atrocity crimes;
(B)
removed deter and isolate perpetrators of atrocity crimes through all available authorities;
(C)
removed promote criminal accountability and deny impunity for perpetrators of atrocity crimes within the United States and throughout the world;
(D)
removed 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)
removed encourage the deployment of civilian advisors to prevent and respond to atrocity crimes;
(F)
removed increase capacity and develop doctrine for the United States Foreign Service, civil service, Armed Forces, development professionals, and other actors to engage in the full spectrum of atrocity crimes prevention and response activities;
(G)
removed develop and implement tailored foreign assistance programs that address and mitigate the risks of atrocity crimes;
(H)
removed ensure intelligence collection, analysis, and sharing of appropriate information; and
(I)
removed address any other issues that the Task Force determines to be appropriate; and
(11)
removed in carrying out paragraphs (1) through (9), receive support from—
(A)
removed the Bureau of Conflict and Stabilization Operations;
(B)
removed the Office of Global Criminal Justice;
(C)
removed the Bureau of Democracy, Human Rights and Labor;
(D)
removed the Bureau of International Narcotics and Law Enforcement Affairs;
(E)
removed the Bureau of International Organization Affairs; and
(F)
removed other bureaus and offices of the Department of State, as appropriate.
(d)
removed Composition— The Task Force shall—
(1)
removed 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)
removed operate with regular consultation and participation of designated representatives, at the Assistant Secretary level or higher, of—
(A)
removed the Department of State;
(B)
removed the United States Agency for International Development;
(C)
removed the Department of Defense;
(D)
removed the Department of Justice;
(E)
removed the Department of the Treasury;
(F)
removed the Department of Homeland Security;
(G)
removed the Central Intelligence Agency;
(H)
removed the Office of the Director of National Intelligence;
(I)
removed the United States Mission to the United Nations;
(J)
removed the Federal Bureau of Investigation;
(K)
removed the National Security Council; and
(L)
removed such other executive departments, agencies, or offices as the Chair may designate.
(e)
removed Report— Not later than 180 days after the date of the enactment of this Act and every three years thereafter for the following six 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)
removed a review, in consultation with the representatives listed in subsection (d), consisting of—
(A)
removed 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)
removed 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)
removed current annual global assessments of sources of instability, conflict, and atrocity crimes;
(D)
removed recommendations to further strengthen United States capabilities described in subparagraph (A); and
(E)
removed 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)
renumbered was (6)(4) recommendations to ensure shared responsibility by—
(A)
added 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)
added strengthening regional organizations;
(3)
added implementation status of the recommendations contained in such review; and
(4)
added identification of the Federal departments and agencies and civil society, academic, and nongovernmental organizations and institutions consulted for preparation of such report.
(A)
removed 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)
removed strengthening regional organizations; and
(3)
removed the implementation status of the recommendations contained in the review described in paragraph (1).
(f)
removed Materials and briefings— The Chair and members of the Task Force shall annually (or more often as appropriate)—
(1)
removed provide briefings to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives; and
(2)
removed provide briefings and materials, as appropriate, to the relevant congressional committees.
(g)
removed 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 Definition

changed Paragraph (1) In this Act, the term “genocide” means an offense under subsection (a) of section 708(a) of the Foreign Service Act 1091 of 1980 (22 U.S.C. 4028(a)) is amended—title 18, United States Code, or any substantially similar conduct.

(1)
removed in subparagraph (B), by striking “and” at the end;
(2)
removed in subparagraph (C), by striking the period at the end and inserting “; and”; and
(3)
removed by adding at the end the following new subparagraph:

removed “(D) 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

removed

removed The Director of National Intelligence is encouraged to include in the Director’s 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)
removed a review of countries and regions at risk of atrocity crimes; and
(2)
removed 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

removed
(a)
removed 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)
removed 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)
removed 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)
removed prevent, counter, and respond to the rise of violent conflict and instability, including atrocity crimes; or
(3)
removed advance the consolidation of peace and democracy.
(c)
removed Limitations—
(1)
removed In general— Amounts in the Fund may not be expended for lethal assistance or to respond to natural disasters.
(2)
removed Administrative expenses— Not more than five percent of the amounts in the Fund may be used for administrative expenses.
(d)
removed Congressional notification— Not later than five 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)
removed the Committee on Foreign Relations of the Senate;
(2)
removed the Committee on Appropriations of the Senate;
(3)
removed the Committee on Foreign Affairs of the House of Representatives; and
(4)
removed the Committee on Appropriations of the House of Representatives.
(e)
removed Waiver— The notification requirement under subsection (d) may be waived if—
(1)
removed failure to do so would pose a substantial risk to human health or welfare; and
(2)
removed the congressional committees set forth in subsection (d)—
(A)
removed are notified not later than three days after an obligation of funds; and
(B)
removed are provided with an explanation of the emergency circumstances that necessitated the waiver.