[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5880 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 5880
To provide for the imposition of sanctions with respect to foreign
countries that are in violation of international human rights law or
international humanitarian law, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 12, 2020
Ms. Omar introduced the following bill; which was referred to the
Committee on Foreign Affairs, and in addition to the Committees on the
Judiciary, Intelligence (Permanent Select), and Homeland Security, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To provide for the imposition of sanctions with respect to foreign
countries that are in violation of international human rights law or
international humanitarian law, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Arming Human Rights Abusers
Act''.
TITLE I--SANCTIONS WITH RESPECT TO FOREIGN COUNTRIES THAT ARE IN
VIOLATION OF INTERNATIONAL HUMAN RIGHTS LAW OR INTERNATIONAL
HUMANITARIAN LAW
SEC. 101. DETERMINATION OF VIOLATIONS OF INTERNATIONAL HUMAN RIGHTS LAW
OR INTERNATIONAL HUMANITARIAN LAW.
(a) In General.--The President shall impose the sanctions described
in section 102 with respect to the government of a foreign country if
the President determines that such government has committed any of the
acts described in subsection (b), (c), or (d).
(b) Genocide.--Any acts committed with intent to destroy, in whole
or in part, a national, ethnical, racial, or religious group, including
the following:
(1) Killing members of the group.
(2) Causing serious bodily or mental harm to members of the
group.
(3) Deliberately inflicting on the group conditions of life
calculated to bring about its physical destruction in whole or
in part.
(4) Imposing measures intended to prevent births within the
group.
(5) Forcibly transferring children of the group to another
group.
(c) Crimes Against Humanity.--
(1) In general.--Any of the following acts when committed
as part of a widespread or systematic attack directed against
any civilian population:
(A) Murder.
(B) Extermination.
(C) Enslavement, including sexual slavery.
(D) Deportation or forcible transfer of population.
(E) Imprisonment or other severe deprivation of
physical liberty in violation of fundamental rules of
international law.
(F) Torture.
(G) Rape, enforced prostitution, forced pregnancy,
enforced sterilization, or any other form of sexual
violence of comparable gravity.
(H) Persecution against any identifiable group or
collectivity on political, racial, national, ethnic,
cultural, religious, gender, language, social origin,
age, disability, health, sexual orientation, gender
identity, sex characteristics, indigenous, refugee,
statelessness, or migration status, or other grounds
that are recognized as impermissible under
international law.
(I) Enforced disappearance of persons.
(J) The crime of apartheid.
(K) Other inhumane acts of a similar character
intentionally causing great suffering, or serious
injury to body or to mental or physical health,
including the excessive use of anti-riot materials
including tear gas, rubber bullets, sound cannons, and
other nonlethal materials to disperse nonviolent
protests.
(2) Definitions.--In this subsection--
(A) the term ``attack directed against any civilian
population'' means a course of conduct involving the
multiple commission of acts referred to in this
subsection against any civilian population, pursuant to
or in furtherance of a state or organizational policy
to commit such attack;
(B) the term ``extermination'' includes the
intentional infliction of conditions of life, inter
alia the deprivation of access to food and medicine,
calculated to bring about the destruction of part of a
population;
(C) the term ``enslavement'' includes--
(i) slavery, which means the exercise of
any or all of the powers attaching to the right
of ownership over a person including but not
limited to the exercise of powers of ownership
over sexual autonomy or integrity;
(ii) the slave trade, which means all acts
involved in the capture, acquisition or
disposal of a person with intent to reduce the
person to slavery;
(iii) all acts involved in the acquisition
of a slave with a view to selling or exchanging
the slave;
(iv) all acts of disposal by sale or
exchange of a slave acquired with a view to
being sold or exchanged; and
(v) in general, every act of trade or
transport in slaves;
(D) the term ``deportation or forcible transfer of
population'' means forced displacement of the persons
concerned by expulsion or other coercive acts from the
area in which they are lawfully present, without
grounds permitted under international law;
(E) the term ``torture''--
(i) means the intentional infliction of
severe pain or suffering, whether physical or
mental, for such purposes as obtaining
information or a confession, punishment,
intimidation or coercion or for any reason
based on discrimination of any kind; but
(ii) does not mean pain or suffering
arising only from, inherent in or incidental
to, lawful sanctions;
(F) the term ``forced pregnancy'' means the
unlawful confinement of a person forcibly made
pregnant, with the intent of affecting the ethnic
composition of any population or carrying out other
grave violations of international law;
(G) the term ``persecution'' means the intentional
and severe deprivation of fundamental rights contrary
to international law by reason of the identity of the
group or collectivity;
(H) the term ``crime of apartheid'' means an
institutionalized regime of systematic oppression and
domination by one racial, ethnic, or religious group
over any other racial, ethnic, or religious group or
groups and committed with the intention of maintaining
that regime; and
(I) the term ``enforced disappearance of persons''
means the arrest, detention, or abduction of persons
by, or with the authorization, support, or acquiescence
of, a state or a political organization, followed by a
refusal to acknowledge that deprivation of freedom or
to give information on the fate or whereabouts of those
persons, with the intention of removing them from the
protection of the law for a prolonged period of time.
(d) War Crimes.--Any of the following acts against persons or
property in an armed conflict, whether the conflict is of an
international or internal character:
(1) Willful killing.
(2) Torture or inhumane treatment, including biological
experiments.
(3) Willfully causing great suffering, or serious injury to
body or health.
(4) Extensive destruction and appropriation of property,
not justified by military necessity and carried out unlawfully
and wantonly.
(5) Compelling a prisoner of war or other detainee to serve
in the forces of a hostile power.
(6) Willfully depriving a prisoner of war or other detainee
of the rights of fair and regular trial.
(7) Unlawful deportation or transfer or unlawful
confinement.
(8) Taking of hostages.
(9) Intentionally directing attacks against the civilian
population as such or against individual civilians not taking
direct part in hostilities.
(10) Intentionally directing attacks against civilian
objectives, that is, objectives which are not military
objectives.
(11) Intentionally directing attacks against personnel,
installations, material, units, or vehicles involved in a
humanitarian assistance or peacekeeping mission in accordance
with the Charter of the United Nations.
(12) Intentionally launching an attack in the knowledge
that such attack will cause incidental loss of life or injury
to civilians or damage to civilian objects, or widespread,
long-term, and severe damage to the natural environment which
would be clearly excessive in relation to the concrete and
direct overall military advantage anticipated.
(13) Attacking or bombarding, by whatever means, towns,
villages, dwellings, or buildings which are undefended and
which are not military objectives.
(14) Killing or wounding a combatant who, having laid down
his arms or having no longer means of defense, has surrendered
at discretion.
(15) Making improper use of a flag of truce, of the flag or
of the military insignia and uniform of the enemy or of the
United Nations, as well as of the distinctive emblems of the
Geneva Conventions, resulting in death or serious personal
injury.
(16) The transfer, directly or indirectly, by an occupying
power of parts of its own civilian population into the
territory it occupies, or the deportation or transfer of all or
parts of the population of the occupied territory within or
outside this territory.
(17) Intentionally directing attacks against buildings
dedicated to religion, education, art, science or charitable
purposes, historic monuments, hospitals, and places where the
sick and wounded are collected.
(18) Subjecting persons who are in the power of an adverse
party to physical mutilation or to medical or scientific
experiments of any kind which are neither justified by the
medical, dental, or hospital treatment of the person concerned
nor carried out in his or her interest, and which cause death
to or seriously endanger the health of such person or persons.
(19) Killing or wounding treacherously individuals
belonging to the hostile nation or army.
(20) Declaring that no quarter will be given.
(21) Destroying or seizing the enemy's property unless such
destruction or seizure be imperatively demanded by the
necessities of war.
(22) Declaring abolished, suspended, or inadmissible in a
court of law the rights and actions of the nationals of the
hostile party.
(23) Compelling the nationals of the hostile party to take
part in the operations of war directed against their own
country, even if they were in the belligerent's service before
the commencement of the war.
(24) Pillaging a town or place.
(25) Employing poison or poisoned weapons.
(26) Employing asphyxiating, poisonous, or other gases, and
all analogous liquids, materials, or devices.
(27) Employing bullets which expand or flatten easily in
the human body, such as bullets with a hard envelope which does
not entirely cover the core or is pierced with incisions.
(28) Employing weapons, projectiles, and material and
methods of warfare which are of a nature to cause superfluous
injury or unnecessary suffering or which are inherently
indiscriminate in violation of the international law of armed
conflict.
(29) Committing outrages upon personal dignity, in
particular humiliating and degrading treatment.
(30) Committing rape, enforced prostitution, forced
pregnancy, as defined in subsection (c), enforced
sterilization, or any other form of sexual violence also
constituting a grave breach of the Geneva Conventions.
(31) Committing slavery or the slave trade in all their
forms.
(32) Utilizing the presence of a civilian or other
protected person to render certain points, areas, or military
forces immune from military operations.
(33) Intentionally directing attacks against buildings,
material, medical units and transport, and personnel using the
distinctive emblems of the Geneva Conventions in conformity
with international law.
(34) Intentionally using starvation of civilians as a
method of warfare by depriving them of objects indispensable to
their survival.
(35) Willfully impeding relief supplies as provided for
under the Geneva Conventions.
(36) Conscripting or enlisting children under the age of 18
into the national armed forces or using them to participate
actively in hostilities.
SEC. 102. DESCRIPTION OF SANCTIONS.
(a) In General.--The sanctions to be imposed with respect to the
government of a foreign country under section 101 are the sanctions
described in subsections (b), (c), (d), and (e).
(b) Prohibition on Security Assistance.--
(1) In general.--The President may not--
(A) provide any United States security assistance,
intelligence, training, equipment, or services relating
to maintenance, testing, or technical data, to the
government of the foreign country or any agent or
instrumentality of such government; or
(B) engage in any defense cooperation with the
government of the foreign country or any agent or
instrumentality of such government.
(2) Exception.--The prohibition under this subsection shall
not apply with respect to activities of the Department of
Defense relating to the protection of United States diplomatic
and consular posts or personnel or to the evacuation of United
States citizens.
(c) Prohibition on Arms Sales.--The President may not sell,
transfer, deliver, license for export, authorize the performance of any
service relating to, or otherwise make available any defense article,
defense service, or design and construction service, as such terms are
defined for purposes of the Arms Export Control Act (22 U.S.C. 2751 et
seq.), to the government of the foreign country or any agent or
instrumentality of such government.
(d) Prohibition on Commercial Export of Arms Sales.--The President
shall prohibit the issuance of licenses to export defense articles,
defense services, and munitions items, as such terms are defined for
purposes of the Arms Export Control Act (22 U.S.C. 2751 et seq.), to
the government of the foreign country or any agent or instrumentality
of such government.
(e) Prohibition on Law Enforcement Exchanges.--
(1) In general.--No Federal law enforcement agency,
including any component of the intelligence community or the
Department of Homeland Security (including the Transportation
Security Administration, U.S. Immigration and Customs
Enforcement, or the Border Patrol), and no State or local law
enforcement agency may engage in any exchange with any police,
military, or security forces of the foreign country.
(2) Definitions.--In this subsection--
(A) the term ``exchange'' means any training, or
sharing of practices or technologies, whether sponsored
by a government or private entity; and
(B) the term ``intelligence community'' has the
meaning given the term in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
(3) Rules of construction.--Nothing in this subsection
shall be construed--
(A) to restrict the freedom of movement or freedom
of expression of any individual; or
(B) to restrict the transfer or removal of any
prisoner as part of a United States law enforcement
activity.
(f) Duty To Inform.--If sanctions described in subsections (b),
(c), (d), and (e) are imposed with respect to a foreign country under
section 101, the President--
(1) shall promptly inform the government of the foreign
country of the basis for such action; and
(2) shall, to the maximum extent practicable, assist the
foreign government in taking effective measures to bring the
foreign country into compliance as described in section 103.
SEC. 103. TERMINATION.
The President shall terminate the sanctions imposed under this
title with respect to a foreign country if the President certifies to
Congress the following:
(1) The foreign country is no longer committing any of the
acts described in subsection (b), (c), or (d) of section 101.
(2) The foreign country has established tangible measures
to ensure such acts are not committed in the future, including
providing for the following measures and using, where
appropriate, a trauma-informed, survivor-centered approach:
(A) Criminal prosecutions of perpetrators and
intellectual authors with internationally recognized
due process standards.
(B) Reparations to victims, which may include
monetary reparations, symbolic reparations, or other
recompense provided with the intent of compensating the
victims, their families, and their communities.
(C) Structural, legal, and institutional reforms.
(D) Truth-telling mechanisms, which may include
Truth Commissions, community-based hearings,
declassification of appropriate materials, or other
public release of verifiable information related to the
violation.
SEC. 104. REPORTS REQUIRED.
(a) In General.--Not later than 15 days after the date of the
enactment of this Act, and annually thereafter, the President shall
submit to Congress a report on the implementation of this title.
(b) Matters To Be Included.--The report required by subsection (a)
shall include the following:
(1) A list of all foreign countries with respect to which
the President imposed sanctions under this title, including
explanations of the decision-making process to impose such
sanctions.
(2) A list of all foreign countries with respect to which
sanctions were recommended by the Commission, and with respect
to which sanctions imposed under this title have terminated in
accordance with section 103, including explanations of the
decision-making process to terminate such sanctions.
(3) A list of all foreign countries with respect to which
the President considered terminating, but did not terminate,
sanctions under this title in accordance with section 103,
including explanations of the decision-making process not to
terminate such sanctions.
SEC. 105. RULE OF CONSTRUCTION.
Nothing in this title may be construed as congressional
authorization for the use of military force against any foreign country
or entity.
TITLE II--UNITED STATES COMMISSION ON ATROCITY ACCOUNTABILITY AND HUMAN
RIGHTS
SEC. 201. ESTABLISHMENT AND COMPOSITION.
(a) In General.--There is established a commission to be known as
the United States Commission on Atrocity Accountability and Human
Rights (in this title referred to as the ``Commission'').
(b) Membership.--
(1) Appointment.--The Commission shall be composed of the
following:
(A) The Ambassador at Large for War Crimes, who
shall serve ex officio as a nonvoting member of the
Commission.
(B) Nine other voting members, who shall be United
States citizens who are not being paid as officers or
employees of the Government of the United States, and
who shall be appointed as follows:
(i) Two members of the Commission shall be
appointed by the Speaker of the House of the
House of Representatives.
(ii) Two members of the Commission shall be
appointed by the minority leader of the House
of Representatives.
(iii) Two members of the Commission shall
be appointed by the majority leader of the
Senate.
(iv) Two members of the Commission shall be
appointed by the minority leader of the Senate.
(v) One member of the Commission shall be
appointed by the President.
(2) Selection.--
(A) In general.--Members of the Commission shall be
selected from among distinguished individuals noted for
their knowledge and experience in fields relevant to
the issue of human rights, atrocity prevention, global
criminal justice, and international humanitarian law.
(B) Security clearances.--Each member of the
Commission shall be required to obtain a security
clearance.
(3) Time of appointment.--The appointments required by
paragraph (1) shall be made not later than 120 days after the
date of the enactment of this Act.
(4) Security clearances.--The appropriate Federal agencies
shall cooperate with the Commission in expeditiously providing
to members of the Commission and staff appropriate security
clearances to the extent necessary and pursuant to existing
procedures and requirements.
(c) Terms.--
(1) In general.--The term of office of each member of the
Commission shall be two years. An individual may not serve more
than two terms as a member of the Commission. For any
individual serving as a member of the Commission for two such
terms, such member's term shall expire 90 days after the last
day of the second term as a member of the Commission. A member
of the Commission may not serve after the expiration of that
member's term.
(2) Ineligibility for reappointment.--If a member of the
Commission attends, by being physically present or by
conference call, less than 75 percent of the meetings of the
Commission during one of that member's terms on the Commission,
the member shall not be eligible for reappointment to the
Commission.
(d) Election of Chair.--
(1) In general.--At the first meeting of the Commission
after January 1 of each calendar year, a majority of the
members of the Commission present and voting shall elect the
Chair of the Commission from among the members of the
Commission to serve a term for the remainder of that calendar
year.
(2) Limitation.--A member of the Commission elected as
Chair of the Commission may serve more than one term as Chair
but any such terms may not be consecutive terms.
(e) Quorum.--Six voting members of the Commission shall constitute
a quorum for purposes of transacting business of the Commission.
(f) Meetings.--
(1) In general.--Not later than 15 days after the date on
which after the annual Country Reports on Human Rights
Practices is submitted to Congress, or as soon as practicable
thereafter, the Commission shall convene for purposes of
transacting business of the Commission.
(2) Other meetings.--The Commission shall otherwise meet at
the call of the Chair or, if no Chair has been elected for that
calendar year, at the call of six voting members of the
Commission.
(g) Vacancies.--Any vacancy of the Commission shall not affect its
powers, but shall be filled in the manner in which the original
appointment was made. A member may serve after the expiration of that
member's term until a successor has taken office. Any member appointed
to fill a vacancy occurring before the expiration of the term for which
the member's predecessor was appointed shall be appointed only for the
remainder of that term.
(h) Administrative Support.--The Administrator of General Services
shall provide to the Commission on a reimbursable basis (or, in the
discretion of the Administrator, on a nonreimbursable basis) such
administrative support services as the Commission may request to carry
out the provisions of this title.
(i) Funding.--
(1) In general.--Members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence at
rates authorized for employees of agencies under subchapter I
of chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance of
services for the Commission.
(2) Travel requirements.--Members of the Commission are
subject to the requirements set forth in chapters 300 through
304 of title 41, Code of Federal Regulations (commonly known as
the Federal Travel Regulation), and the Department of State
Standardized Regulations governing authorized travel at
government expense, including regulations concerning the mode
of travel, lodging and per diem expenditures, reimbursement
payments, and expense reporting and documentation requirements.
SEC. 202. DUTIES.
(a) In General.--The Commission shall have as its primary
responsibility--
(1) review of facts and circumstances of violations of
international human rights law and international humanitarian
law contained in the annual Country Reports on Human Rights
Practices, including other relevant sources; and
(2) making of policy recommendations to the President, the
Secretary of State, and Congress with respect to the imposition
and termination of sanctions under title I.
(b) Monitoring.--The Commission shall, on an ongoing basis--
(1) monitor facts and circumstances of violations of
international human rights law and international humanitarian
law, in consultation with independent human rights groups,
humanitarian groups, and nongovernmental organizations,
including those groups and organizations providing direct
services;
(2) gather human rights documentation and evidence supplied
by community-based human rights monitors; and
(3) make such recommendations as may be necessary to the
appropriate officials and offices in the United States
Government.
SEC. 203. POWERS.
(a) Hearings and Sessions.--
(1) In general.--The Commission may, for the purpose of
carrying out its duties under this title, hold hearings, sit
and act at times and places in the United States, take
testimony, and receive evidence as the Commission considers
advisable to carry out the purposes of this title.
(2) Classified hearings.--The Commission may hold hearings
in classified settings. If the Commission holds a hearing in a
classified setting, the Commission shall publish a summary of
the hearing and the summary available to the public.
(b) Information From Federal Agencies.--
(1) In general.--The Commission may secure directly from
any Federal department or agency such information as the
Commission considers necessary to carry out this title. Upon
request of the Chair of the Commission, the head of such
department or agency shall furnish such information
expeditiously to the Commission, subject to applicable law.
Such information may be provided in classified form, or with a
classified annex.
(2) Notification.--If a Federal agency does not furnish
information described in paragraph (1) expeditiously to the
Commission, the Chair of the Commission shall notify the
committees of Congress of jurisdiction and appropriate
investigative authorities.
(c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other Federal
departments and agencies.
(d) Administrative Procedures.--The Commission may adopt such rules
and regulations, relating to administrative procedure, as may be
reasonably necessary to enable it to carry out the provisions of this
title.
(e) Views of the Commission.--The members of the Commission may
speak in their capacity as private citizens. Statements on behalf of
the Commission shall be issued in writing over the names of the
members. The Commission shall in its written statements clearly
describe its statutory authority, distinguishing that authority from
that of appointed or elected officials of the United States Government.
Oral statements, where practicable, shall include a similar
description.
(f) Travel.--
(1) In general.--Members of the Commission may, with the
approval of the Commission, conduct such travel as is necessary
to carry out the purpose of this title.
(2) Approval.--Each trip of a member of the Commission,
other than the member described in section 201(b)(1)(A), shall
be approved by a majority of the members of the Commission.
SEC. 204. MATTERS RELATING TO PERSONNEL.
(a) In General.--The Commission may, without regard to the civil
service laws and regulations, appoint and terminate an Executive
Director and such other additional personnel as may be necessary to
enable the Commission to perform its duties. The decision to employ or
terminate an Executive Director shall be made by an affirmative vote of
at least six of the nine voting members of the Commission.
(b) Compensation.--The Commission may fix the compensation of the
Executive Director and other personnel without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions and General
Schedule pay rates, except that the rate of pay for the Executive
Director and other personnel may not exceed the rate payable for level
V of the Executive Schedule under section 5316 of such title.
(c) Professional Staff.--The Commission and the Executive Director
shall hire Commission staff on the basis of professional and
nonpartisan qualifications. Members of the Commission may not
individually hire staff of the Commission. Staff shall serve the
Commission as a whole and may not be assigned to the particular service
of a single member of the Commission or a specified group of such
members. This subsection does not prohibit staff personnel from
assisting individual members of the Commission with particular needs
related to their duties.
(d) Staff and Services of Other Federal Agencies.--
(1) Department of state.--The Secretary of State shall
assist the Commission by providing on a reimbursable or
nonreimbursable basis to the Commission such staff and
administrative services as may be necessary and appropriate to
perform its functions.
(2) Other federal agencies.--Upon the request of the
Commission, the head of any Federal department or agency may
detail, on a reimbursable or nonreimbursable basis, any of the
personnel of that department or agency to the Commission to
assist it in carrying out its functions under this title. The
detail of any such personnel shall be without interruption or
loss of civil service or Foreign Service status or privilege.
(e) Security Clearances.--The Executive Director shall be required
to obtain a security clearance. The Executive Director may request, on
a needs-only basis and in order to perform the duties of the
Commission, that other personnel of the Commission be required to
obtain a security clearance. The level of clearance shall be the lowest
necessary to appropriately perform the duties of the Commission.
(f) Cost.--The Commission shall reimburse all appropriate Federal
agencies for the cost of obtaining clearances for members of the
Commission, for the Executive Director, and for any other personnel.
(g) Application of Antidiscrimination Laws.--For purposes of
providing remedies and procedures to address alleged violations of
rights and protections that pertain to employment discrimination,
family and medical leave, fair labor standards, employee polygraph
protection, worker adjustment and retraining, veterans' employment and
reemployment, intimidation or reprisal, protections under the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), occupational
safety and health, labor-management relations, and rights and
protections that apply to employees whose pay is disbursed by the
Secretary of the Senate or the Chief Administrative Officer of the
House of Representatives, all employees of the Commission shall be
treated as employees whose pay is disbursed by the Secretary of the
Senate or the Chief Administrative Officer of the House of
Representatives, as the case may be, and the Commission shall be
treated as an employing office of the Senate or the House of
Representatives.
SEC. 205. REPORT.
(a) In General.--Not later than December 31 of each calendar year,
the Commission shall submit to the President, the Secretary of State,
and Congress a report that contains, with respect to such calendar
year--
(1) its policy recommendations described in paragraph (2)
of section 202(a) based on its review under paragraph (1) of
such section, including--
(A) a public summary of recommendations and list of
the countries with respect to which the Commission
recommends imposing or terminating sanctions under
title I; and
(B) a rationale for imposing or terminating such
sanctions; and
(2) its monitoring activities under section 202(b),
including a list of its sources, a list of organizations and
individuals consulted, and a summary of its findings.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may contain a classified annex.
(c) Individual or Dissenting Views.--Each member of the Commission
may include the individual or dissenting views of the member.
(d) Rule of Construction.--Nothing in this section may be construed
to preclude the Commission from issuing additional reports and
recommendations to address urgent situations.
SEC. 206. APPLICABILITY OF OTHER LAWS.
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Commission.
SEC. 207. STANDARDS OF CONDUCT AND DISCLOSURE.
(a) Cooperation With Nongovernmental Organizations, the Department
of State, and Congress.--The Commission shall, in the performance of
its duties under this title, seek to effectively and freely cooperate
with all governmental and nongovernmental entities engaged in the
promotion of human rights and religious freedom abroad.
(b) Conflict of Interest and Antinepotism.--
(1) Member affiliations.--Except as provided in paragraph
(3), in order to ensure the independence and integrity of the
Commission, the Commission may not compensate any
nongovernmental agency, project, or person related to or
affiliated with any member of the Commission, whether in that
member's direct employ or not. Staff employed by the Commission
may not serve in the employ of any nongovernmental agency,
project, or person related to or affiliated with any member of
the Commission while employed by the Commission.
(2) Staff compensation.--Staff of the Commission may not
receive compensation from any other source for work performed
in carrying out the duties of the Commission while employed by
the Commission.
(3) Exception.--
(A) In general.--Subject to subparagraph (B),
paragraph (1) shall not apply to payments made for
items such as conference fees or the purchase of
periodicals or other similar expenses, if such payments
would not cause the aggregate value paid to any agency,
project, or person for a fiscal year to exceed $250.
(B) Limitation.--Notwithstanding subparagraph (A),
the Commission shall not give special preference to any
agency, project, or person related to or affiliated
with any member of the Commission.
(4) Definitions.--In this subsection, the term
``affiliated'' means the relationship between a member of the
Commission and--
(A) an individual who holds the position of
officer, trustee, partner, director, or employee of an
agency, project, or person of which that member, or
relative of that member, of the Commission is an
officer, trustee, partner, director, or employee; or
(B) a nongovernmental agency or project of which
that member, or a relative of that member, of the
Commission is an officer, trustee, partner, director,
or employee.
(c) Contract Authority.--Subject to the availability of
appropriations, the Commission may contract with and compensate Federal
agencies or persons for the conduct of activities necessary to the
discharge of its duties under this title. Any such person shall be
hired without interruption or loss of civil service or Foreign Service
status or privilege.
(d) Gifts.--
(1) In general.--In order to preserve its independence, the
Commission may not accept, use, or dispose of gifts or
donations of services or property. An individual Commissioner
or employee of the Commission may not, in his or her capacity
as a Commissioner or employee, knowingly accept, use, or
dispose of gifts or donations of services or property, unless
he or she in good faith believes such gifts or donations to
have a value of less than $50 and a cumulative value during a
calendar year of less than $100.
(2) Exceptions.--This subsection shall not apply to the
following:
(A) Gifts provided on the basis of a personal
friendship with a Commissioner or employee, unless the
Commissioner or employee has reason to believe that the
gift was provided because of the Commissioner's
position and not because of the personal friendship.
(B) Gifts provided on the basis of a family
relationship.
(C) The acceptance of training, invitations to
attend or participate in conferences, or such other
events as are related to the conduct of the duties of
the Commission, or food or refreshment associated with
such activities.
(D) Items of nominal value or gifts of estimated
value of $10 or less.
(E) Gifts provided by a foreign leader or state
which would create offense or embarrassment to the
United States Government if refused, shall be accepted
and turned over to the United States Government in
accordance with the Foreign Gifts and Decorations Act
of 1966.
(F) Informational materials such as documents,
books, videotapes, periodicals, or other forms of
communications.
(G) Goods or services provided by any agency or
component of the Government of the United States,
including any commission established under the
authority of such Government.
(e) Annual Financial Report.--In addition to providing the reports
required under section 205, the Commission shall, not later than
January 1 of each year, submit to the Committees on Foreign Affairs and
the Committee on Appropriations of the House of Representatives and to
the Committees on Foreign Relations and the Committee on Appropriations
of the Senate a financial report detailing and identifying the
expenditures of the Commission for the preceding fiscal year.
<all>
Stop Arming Human Rights Abusers Act
#5880 | HR Congress #116
Policy Area: International Affairs
Subjects: Advisory bodiesCongressional oversightForeign aid and international reliefHuman rightsIntelligence activities, surveillance, classified informationInternational law and treatiesLaw enforcement administration and fundingLicensing and registrationsMilitary assistance, sales, and agreementsSanctionsTrade restrictionsWar crimes, genocide, crimes against humanity
Last Action: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security. (3/10/2020)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text