H.R.5880

            I 

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 consider-
ation 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 Representa-1

tives of the United States of America in Congress assembled, 2

SECTION 1. SHORT TITLE. 3

This Act may be cited as the ‘‘Stop Arming Human 4

Rights Abusers Act’’. 5

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2 

•HR 5880 IH

TITLE I—SANCTIONS WITH RE-1
SPECT TO FOREIGN COUN-2
TRIES THAT ARE IN VIOLA-3
TION OF INTERNATIONAL 4
HUMAN RIGHTS LAW OR 5
INTERNATIONAL HUMANI-6
TARIAN LAW 7

SEC. 101. DETERMINATION OF VIOLATIONS OF INTER-8

NATIONAL HUMAN RIGHTS LAW OR INTER-9

NATIONAL HUMANITARIAN LAW. 10

(a) IN GENERAL.—The President shall impose the 11

sanctions described in section 102 with respect to the gov-12

ernment of a foreign country if the President determines 13

that such government has committed any of the acts de-14

scribed in subsection (b), (c), or (d). 15

(b) GENOCIDE.—Any acts committed with intent to 16

destroy, in whole or in part, a national, ethnical, racial, 17

or religious group, including the following: 18

(1) Killing members of the group. 19

(2) Causing serious bodily or mental harm to 20

members of the group. 21

(3) Deliberately inflicting on the group condi-22

tions of life calculated to bring about its physical de-23

struction in whole or in part. 24

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•HR 5880 IH

(4) Imposing measures intended to prevent 1

births within the group. 2

(5) Forcibly transferring children of the group 3

to another group. 4

(c) CRIMES AGAINST HUMANITY.— 5

(1) IN GENERAL.—Any of the following acts 6

when committed as part of a widespread or system-7

atic attack directed against any civilian population: 8

(A) Murder. 9

(B) Extermination. 10

(C) Enslavement, including sexual slavery. 11

(D) Deportation or forcible transfer of 12

population. 13

(E) Imprisonment or other severe depriva-14

tion of physical liberty in violation of funda-15

mental rules of international law. 16

(F) Torture. 17

(G) Rape, enforced prostitution, forced 18

pregnancy, enforced sterilization, or any other 19

form of sexual violence of comparable gravity. 20

(H) Persecution against any identifiable 21

group or collectivity on political, racial, na-22

tional, ethnic, cultural, religious, gender, lan-23

guage, social origin, age, disability, health, sex-24

ual orientation, gender identity, sex characteris-25

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tics, indigenous, refugee, statelessness, or mi-1

gration status, or other grounds that are recog-2

nized as impermissible under international law. 3

(I) Enforced disappearance of persons. 4

(J) The crime of apartheid. 5

(K) Other inhumane acts of a similar char-6

acter intentionally causing great suffering, or 7

serious injury to body or to mental or physical 8

health, including the excessive use of anti-riot 9

materials including tear gas, rubber bullets, 10

sound cannons, and other nonlethal materials to 11

disperse nonviolent protests. 12

(2) DEFINITIONS.—In this subsection— 13

(A) the term ‘‘attack directed against any 14

civilian population’’ means a course of conduct 15

involving the multiple commission of acts re-16

ferred to in this subsection against any civilian 17

population, pursuant to or in furtherance of a 18

state or organizational policy to commit such 19

attack; 20

(B) the term ‘‘extermination’’ includes the 21

intentional infliction of conditions of life, inter 22

alia the deprivation of access to food and medi-23

cine, calculated to bring about the destruction 24

of part of a population; 25

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(C) the term ‘‘enslavement’’ includes— 1

(i) slavery, which means the exercise 2

of any or all of the powers attaching to the 3

right of ownership over a person including 4

but not limited to the exercise of powers of 5

ownership over sexual autonomy or integ-6

rity; 7

(ii) the slave trade, which means all 8

acts involved in the capture, acquisition or 9

disposal of a person with intent to reduce 10

the person to slavery; 11

(iii) all acts involved in the acquisition 12

of a slave with a view to selling or ex-13

changing the slave; 14

(iv) all acts of disposal by sale or ex-15

change of a slave acquired with a view to 16

being sold or exchanged; and 17

(v) in general, every act of trade or 18

transport in slaves; 19

(D) the term ‘‘deportation or forcible 20

transfer of population’’ means forced displace-21

ment of the persons concerned by expulsion or 22

other coercive acts from the area in which they 23

are lawfully present, without grounds permitted 24

under international law; 25

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(E) the term ‘‘torture’’— 1

(i) means the intentional infliction of 2

severe pain or suffering, whether physical 3

or mental, for such purposes as obtaining 4

information or a confession, punishment, 5

intimidation or coercion or for any reason 6

based on discrimination of any kind; but 7

(ii) does not mean pain or suffering 8

arising only from, inherent in or incidental 9

to, lawful sanctions; 10

(F) the term ‘‘forced pregnancy’’ means 11

the unlawful confinement of a person forcibly 12

made pregnant, with the intent of affecting the 13

ethnic composition of any population or car-14

rying out other grave violations of international 15

law; 16

(G) the term ‘‘persecution’’ means the in-17

tentional and severe deprivation of fundamental 18

rights contrary to international law by reason of 19

the identity of the group or collectivity; 20

(H) the term ‘‘crime of apartheid’’ means 21

an institutionalized regime of systematic op-22

pression and domination by one racial, ethnic, 23

or religious group over any other racial, ethnic, 24

or religious group or groups and committed 25

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with the intention of maintaining that regime; 1

and 2

(I) the term ‘‘enforced disappearance of 3

persons’’ means the arrest, detention, or abduc-4

tion of persons by, or with the authorization, 5

support, or acquiescence of, a state or a polit-6

ical organization, followed by a refusal to ac-7

knowledge that deprivation of freedom or to 8

give information on the fate or whereabouts of 9

those persons, with the intention of removing 10

them from the protection of the law for a pro-11

longed period of time. 12

(d) WAR CRIMES.—Any of the following acts against 13

persons or property in an armed conflict, whether the con-14

flict is of an international or internal character: 15

(1) Willful killing. 16

(2) Torture or inhumane treatment, including 17

biological experiments. 18

(3) Willfully causing great suffering, or serious 19

injury to body or health. 20

(4) Extensive destruction and appropriation of 21

property, not justified by military necessity and car-22

ried out unlawfully and wantonly. 23

(5) Compelling a prisoner of war or other de-24

tainee to serve in the forces of a hostile power. 25

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(6) Willfully depriving a prisoner of war or 1

other detainee of the rights of fair and regular trial. 2

(7) Unlawful deportation or transfer or unlaw-3

ful confinement. 4

(8) Taking of hostages. 5

(9) Intentionally directing attacks against the 6

civilian population as such or against individual civil-7

ians not taking direct part in hostilities. 8

(10) Intentionally directing attacks against ci-9

vilian objectives, that is, objectives which are not 10

military objectives. 11

(11) Intentionally directing attacks against per-12

sonnel, installations, material, units, or vehicles in-13

volved in a humanitarian assistance or peacekeeping 14

mission in accordance with the Charter of the 15

United Nations. 16

(12) Intentionally launching an attack in the 17

knowledge that such attack will cause incidental loss 18

of life or injury to civilians or damage to civilian ob-19

jects, or widespread, long-term, and severe damage 20

to the natural environment which would be clearly 21

excessive in relation to the concrete and direct over-22

all military advantage anticipated. 23

(13) Attacking or bombarding, by whatever 24

means, towns, villages, dwellings, or buildings which 25

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•HR 5880 IH

are undefended and which are not military objec-1

tives. 2

(14) Killing or wounding a combatant who, hav-3

ing laid down his arms or having no longer means 4

of defense, has surrendered at discretion. 5

(15) Making improper use of a flag of truce, of 6

the flag or of the military insignia and uniform of 7

the enemy or of the United Nations, as well as of 8

the distinctive emblems of the Geneva Conventions, 9

resulting in death or serious personal injury. 10

(16) The transfer, directly or indirectly, by an 11

occupying power of parts of its own civilian popu-12

lation into the territory it occupies, or the deporta-13

tion or transfer of all or parts of the population of 14

the occupied territory within or outside this terri-15

tory. 16

(17) Intentionally directing attacks against 17

buildings dedicated to religion, education, art, 18

science or charitable purposes, historic monuments, 19

hospitals, and places where the sick and wounded 20

are collected. 21

(18) Subjecting persons who are in the power 22

of an adverse party to physical mutilation or to med-23

ical or scientific experiments of any kind which are 24

neither justified by the medical, dental, or hospital 25

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treatment of the person concerned nor carried out in 1

his or her interest, and which cause death to or seri-2

ously endanger the health of such person or persons. 3

(19) Killing or wounding treacherously individ-4

uals belonging to the hostile nation or army. 5

(20) Declaring that no quarter will be given. 6

(21) Destroying or seizing the enemy’s property 7

unless such destruction or seizure be imperatively 8

demanded by the necessities of war. 9

(22) Declaring abolished, suspended, or inad-10

missible in a court of law the rights and actions of 11

the nationals of the hostile party. 12

(23) Compelling the nationals of the hostile 13

party to take part in the operations of war directed 14

against their own country, even if they were in the 15

belligerent’s service before the commencement of the 16

war. 17

(24) Pillaging a town or place. 18

(25) Employing poison or poisoned weapons. 19

(26) Employing asphyxiating, poisonous, or 20

other gases, and all analogous liquids, materials, or 21

devices. 22

(27) Employing bullets which expand or flatten 23

easily in the human body, such as bullets with a 24

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hard envelope which does not entirely cover the core 1

or is pierced with incisions. 2

(28) Employing weapons, projectiles, and mate-3

rial and methods of warfare which are of a nature 4

to cause superfluous injury or unnecessary suffering 5

or which are inherently indiscriminate in violation of 6

the international law of armed conflict. 7

(29) Committing outrages upon personal dig-8

nity, in particular humiliating and degrading treat-9

ment. 10

(30) Committing rape, enforced prostitution, 11

forced pregnancy, as defined in subsection (c), en-12

forced sterilization, or any other form of sexual vio-13

lence also constituting a grave breach of the Geneva 14

Conventions. 15

(31) Committing slavery or the slave trade in 16

all their forms. 17

(32) Utilizing the presence of a civilian or other 18

protected person to render certain points, areas, or 19

military forces immune from military operations. 20

(33) Intentionally directing attacks against 21

buildings, material, medical units and transport, and 22

personnel using the distinctive emblems of the Gene-23

va Conventions in conformity with international law. 24

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(34) Intentionally using starvation of civilians 1

as a method of warfare by depriving them of objects 2

indispensable to their survival. 3

(35) Willfully impeding relief supplies as pro-4

vided for under the Geneva Conventions. 5

(36) Conscripting or enlisting children under 6

the age of 18 into the national armed forces or using 7

them to participate actively in hostilities. 8

SEC. 102. DESCRIPTION OF SANCTIONS. 9

(a) IN GENERAL.—The sanctions to be imposed with 10

respect to the government of a foreign country under sec-11

tion 101 are the sanctions described in subsections (b), 12

(c), (d), and (e). 13

(b) PROHIBITION ON SECURITY ASSISTANCE.— 14

(1) IN GENERAL.—The President may not— 15

(A) provide any United States security as-16

sistance, intelligence, training, equipment, or 17

services relating to maintenance, testing, or 18

technical data, to the government of the foreign 19

country or any agent or instrumentality of such 20

government; or 21

(B) engage in any defense cooperation with 22

the government of the foreign country or any 23

agent or instrumentality of such government. 24

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(2) EXCEPTION.—The prohibition under this 1

subsection shall not apply with respect to activities 2

of the Department of Defense relating to the protec-3

tion of United States diplomatic and consular posts 4

or personnel or to the evacuation of United States 5

citizens. 6

(c) PROHIBITION ON ARMS SALES.—The President 7

may not sell, transfer, deliver, license for export, authorize 8

the performance of any service relating to, or otherwise 9

make available any defense article, defense service, or de-10

sign and construction service, as such terms are defined 11

for purposes of the Arms Export Control Act (22 U.S.C. 12

2751 et seq.), to the government of the foreign country 13

or any agent or instrumentality of such government. 14

(d) PROHIBITION ON COMMERCIAL EXPORT OF ARMS 15

SALES.—The President shall prohibit the issuance of li-16

censes to export defense articles, defense services, and mu-17

nitions items, as such terms are defined for purposes of 18

the Arms Export Control Act (22 U.S.C. 2751 et seq.), 19

to the government of the foreign country or any agent or 20

instrumentality of such government. 21

(e) PROHIBITION ON LAW ENFORCEMENT EX-22

CHANGES.— 23

(1) IN GENERAL.—No Federal law enforcement 24

agency, including any component of the intelligence 25

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community or the Department of Homeland Security 1

(including the Transportation Security Administra-2

tion, U.S. Immigration and Customs Enforcement, 3

or the Border Patrol), and no State or local law en-4

forcement agency may engage in any exchange with 5

any police, military, or security forces of the foreign 6

country. 7

(2) DEFINITIONS.—In this subsection— 8

(A) the term ‘‘exchange’’ means any train-9

ing, or sharing of practices or technologies, 10

whether sponsored by a government or private 11

entity; and 12

(B) the term ‘‘intelligence community’’ has 13

the meaning given the term in section 3 of the 14

National Security Act of 1947 (50 U.S.C. 15

3003). 16

(3) RULES OF CONSTRUCTION.—Nothing in 17

this subsection shall be construed— 18

(A) to restrict the freedom of movement or 19

freedom of expression of any individual; or 20

(B) to restrict the transfer or removal of 21

any prisoner as part of a United States law en-22

forcement activity. 23

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(f) DUTY TO INFORM.—If sanctions described in sub-1

sections (b), (c), (d), and (e) are imposed with respect to 2

a foreign country under section 101, the President— 3

(1) shall promptly inform the government of the 4

foreign country of the basis for such action; and 5

(2) shall, to the maximum extent practicable, 6

assist the foreign government in taking effective 7

measures to bring the foreign country into compli-8

ance as described in section 103. 9

SEC. 103. TERMINATION. 10

The President shall terminate the sanctions imposed 11

under this title with respect to a foreign country if the 12

President certifies to Congress the following: 13

(1) The foreign country is no longer committing 14

any of the acts described in subsection (b), (c), or 15

(d) of section 101. 16

(2) The foreign country has established tangible 17

measures to ensure such acts are not committed in 18

the future, including providing for the following 19

measures and using, where appropriate, a trauma- 20

informed, survivor-centered approach: 21

(A) Criminal prosecutions of perpetrators 22

and intellectual authors with internationally 23

recognized due process standards. 24

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(B) Reparations to victims, which may in-1

clude monetary reparations, symbolic repara-2

tions, or other recompense provided with the in-3

tent of compensating the victims, their families, 4

and their communities. 5

(C) Structural, legal, and institutional re-6

forms. 7

(D) Truth-telling mechanisms, which may 8

include Truth Commissions, community-based 9

hearings, declassification of appropriate mate-10

rials, or other public release of verifiable infor-11

mation related to the violation. 12

SEC. 104. REPORTS REQUIRED. 13

(a) IN GENERAL.—Not later than 15 days after the 14

date of the enactment of this Act, and annually thereafter, 15

the President shall submit to Congress a report on the 16

implementation of this title. 17

(b) MATTERS TO BE INCLUDED.—The report re-18

quired by subsection (a) shall include the following: 19

(1) A list of all foreign countries with respect 20

to which the President imposed sanctions under this 21

title, including explanations of the decision-making 22

process to impose such sanctions. 23

(2) A list of all foreign countries with respect 24

to which sanctions were recommended by the Com-25

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mission, and with respect to which sanctions im-1

posed under this title have terminated in accordance 2

with section 103, including explanations of the deci-3

sion-making process to terminate such sanctions. 4

(3) A list of all foreign countries with respect 5

to which the President considered terminating, but 6

did not terminate, sanctions under this title in ac-7

cordance with section 103, including explanations of 8

the decision-making process not to terminate such 9

sanctions. 10

SEC. 105. RULE OF CONSTRUCTION. 11

Nothing in this title may be construed as congres-12

sional authorization for the use of military force against 13

any foreign country or entity. 14

TITLE II—UNITED STATES COM-15
MISSION ON ATROCITY AC-16
COUNTABILITY AND HUMAN 17
RIGHTS 18

SEC. 201. ESTABLISHMENT AND COMPOSITION. 19

(a) IN GENERAL.—There is established a commission 20

to be known as the United States Commission on Atrocity 21

Accountability and Human Rights (in this title referred 22

to as the ‘‘Commission’’). 23

(b) MEMBERSHIP.— 24

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(1) APPOINTMENT.—The Commission shall be 1

composed of the following: 2

(A) The Ambassador at Large for War 3

Crimes, who shall serve ex officio as a non-4

voting member of the Commission. 5

(B) Nine other voting members, who shall 6

be United States citizens who are not being 7

paid as officers or employees of the Government 8

of the United States, and who shall be ap-9

pointed as follows: 10

(i) Two members of the Commission 11

shall be appointed by the Speaker of the 12

House of the House of Representatives. 13

(ii) Two members of the Commission 14

shall be appointed by the minority leader 15

of the House of Representatives. 16

(iii) Two members of the Commission 17

shall be appointed by the majority leader 18

of the Senate. 19

(iv) Two members of the Commission 20

shall be appointed by the minority leader 21

of the Senate. 22

(v) One member of the Commission 23

shall be appointed by the President. 24

(2) SELECTION.— 25

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•HR 5880 IH

(A) IN GENERAL.—Members of the Com-1

mission shall be selected from among distin-2

guished individuals noted for their knowledge 3

and experience in fields relevant to the issue of 4

human rights, atrocity prevention, global crimi-5

nal justice, and international humanitarian law. 6

(B) SECURITY CLEARANCES.—Each mem-7

ber of the Commission shall be required to ob-8

tain a security clearance. 9

(3) TIME OF APPOINTMENT.—The appoint-10

ments required by paragraph (1) shall be made not 11

later than 120 days after the date of the enactment 12

of this Act. 13

(4) SECURITY CLEARANCES.—The appropriate 14

Federal agencies shall cooperate with the Commis-15

sion in expeditiously providing to members of the 16

Commission and staff appropriate security clear-17

ances to the extent necessary and pursuant to exist-18

ing procedures and requirements. 19

(c) TERMS.— 20

(1) IN GENERAL.—The term of office of each 21

member of the Commission shall be two years. An 22

individual may not serve more than two terms as a 23

member of the Commission. For any individual serv-24

ing as a member of the Commission for two such 25

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20 

•HR 5880 IH

terms, such member’s term shall expire 90 days 1

after the last day of the second term as a member 2

of the Commission. A member of the Commission 3

may not serve after the expiration of that member’s 4

term. 5

(2) INELIGIBILITY FOR REAPPOINTMENT.—If a 6

member of the Commission attends, by being phys-7

ically present or by conference call, less than 75 per-8

cent of the meetings of the Commission during one 9

of that member’s terms on the Commission, the 10

member shall not be eligible for reappointment to 11

the Commission. 12

(d) ELECTION OF CHAIR.— 13

(1) IN GENERAL.—At the first meeting of the 14

Commission after January 1 of each calendar year, 15

a majority of the members of the Commission 16

present and voting shall elect the Chair of the Com-17

mission from among the members of the Commission 18

to serve a term for the remainder of that calendar 19

year. 20

(2) LIMITATION.—A member of the Commis-21

sion elected as Chair of the Commission may serve 22

more than one term as Chair but any such terms 23

may not be consecutive terms. 24

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21 

•HR 5880 IH

(e) QUORUM.—Six voting members of the Commis-1

sion shall constitute a quorum for purposes of transacting 2

business of the Commission. 3

(f) MEETINGS.— 4

(1) IN GENERAL.—Not later than 15 days after 5

the date on which after the annual Country Reports 6

on Human Rights Practices is submitted to Con-7

gress, or as soon as practicable thereafter, the Com-8

mission shall convene for purposes of transacting 9

business of the Commission. 10

(2) OTHER MEETINGS.—The Commission shall 11

otherwise meet at the call of the Chair or, if no 12

Chair has been elected for that calendar year, at the 13

call of six voting members of the Commission. 14

(g) VACANCIES.—Any vacancy of the Commission 15

shall not affect its powers, but shall be filled in the manner 16

in which the original appointment was made. A member 17

may serve after the expiration of that member’s term until 18

a successor has taken office. Any member appointed to 19

fill a vacancy occurring before the expiration of the term 20

for which the member’s predecessor was appointed shall 21

be appointed only for the remainder of that term. 22

(h) ADMINISTRATIVE SUPPORT.—The Administrator 23

of General Services shall provide to the Commission on 24

a reimbursable basis (or, in the discretion of the Adminis-25

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22 

•HR 5880 IH

trator, on a nonreimbursable basis) such administrative 1

support services as the Commission may request to carry 2

out the provisions of this title. 3

(i) FUNDING.— 4

(1) IN GENERAL.—Members of the Commission 5

shall be allowed travel expenses, including per diem 6

in lieu of subsistence at rates authorized for employ-7

ees of agencies under subchapter I of chapter 57 of 8

title 5, United States Code, while away from their 9

homes or regular places of business in the perform-10

ance of services for the Commission. 11

(2) TRAVEL REQUIREMENTS.—Members of the 12

Commission are subject to the requirements set 13

forth in chapters 300 through 304 of title 41, Code 14

of Federal Regulations (commonly known as the 15

Federal Travel Regulation), and the Department of 16

State Standardized Regulations governing author-17

ized travel at government expense, including regula-18

tions concerning the mode of travel, lodging and per 19

diem expenditures, reimbursement payments, and 20

expense reporting and documentation requirements. 21

SEC. 202. DUTIES. 22

(a) IN GENERAL.—The Commission shall have as its 23

primary responsibility— 24

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23 

•HR 5880 IH

(1) review of facts and circumstances of viola-1

tions of international human rights law and inter-2

national humanitarian law contained in the annual 3

Country Reports on Human Rights Practices, in-4

cluding other relevant sources; and 5

(2) making of policy recommendations to the 6

President, the Secretary of State, and Congress with 7

respect to the imposition and termination of sanc-8

tions under title I. 9

(b) MONITORING.—The Commission shall, on an on-10

going basis— 11

(1) monitor facts and circumstances of viola-12

tions of international human rights law and inter-13

national humanitarian law, in consultation with 14

independent human rights groups, humanitarian 15

groups, and nongovernmental organizations, includ-16

ing those groups and organizations providing direct 17

services; 18

(2) gather human rights documentation and 19

evidence supplied by community-based human rights 20

monitors; and 21

(3) make such recommendations as may be nec-22

essary to the appropriate officials and offices in the 23

United States Government. 24

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24 

•HR 5880 IH

SEC. 203. POWERS. 1

(a) HEARINGS AND SESSIONS.— 2

(1) IN GENERAL.—The Commission may, for 3

the purpose of carrying out its duties under this 4

title, hold hearings, sit and act at times and places 5

in the United States, take testimony, and receive 6

evidence as the Commission considers advisable to 7

carry out the purposes of this title. 8

(2) CLASSIFIED HEARINGS.—The Commission 9

may hold hearings in classified settings. If the Com-10

mission holds a hearing in a classified setting, the 11

Commission shall publish a summary of the hearing 12

and the summary available to the public. 13

(b) INFORMATION FROM FEDERAL AGENCIES.— 14

(1) IN GENERAL.—The Commission may secure 15

directly from any Federal department or agency 16

such information as the Commission considers nec-17

essary to carry out this title. Upon request of the 18

Chair of the Commission, the head of such depart-19

ment or agency shall furnish such information expe-20

ditiously to the Commission, subject to applicable 21

law. Such information may be provided in classified 22

form, or with a classified annex. 23

(2) NOTIFICATION.—If a Federal agency does 24

not furnish information described in paragraph (1) 25

expeditiously to the Commission, the Chair of the 26

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25 

•HR 5880 IH

Commission shall notify the committees of Congress 1

of jurisdiction and appropriate investigative authori-2

ties. 3

(c) POSTAL SERVICES.—The Commission may use 4

the United States mails in the same manner and under 5

the same conditions as other Federal departments and 6

agencies. 7

(d) ADMINISTRATIVE PROCEDURES.—The Commis-8

sion may adopt such rules and regulations, relating to ad-9

ministrative procedure, as may be reasonably necessary to 10

enable it to carry out the provisions of this title. 11

(e) VIEWS OF THE COMMISSION.—The members of 12

the Commission may speak in their capacity as private 13

citizens. Statements on behalf of the Commission shall be 14

issued in writing over the names of the members. The 15

Commission shall in its written statements clearly describe 16

its statutory authority, distinguishing that authority from 17

that of appointed or elected officials of the United States 18

Government. Oral statements, where practicable, shall in-19

clude a similar description. 20

(f) TRAVEL.— 21

(1) IN GENERAL.—Members of the Commission 22

may, with the approval of the Commission, conduct 23

such travel as is necessary to carry out the purpose 24

of this title. 25

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26 

•HR 5880 IH

(2) APPROVAL.—Each trip of a member of the 1

Commission, other than the member described in 2

section 201(b)(1)(A), shall be approved by a major-3

ity of the members of the Commission. 4

SEC. 204. MATTERS RELATING TO PERSONNEL. 5

(a) IN GENERAL.—The Commission may, without re-6

gard to the civil service laws and regulations, appoint and 7

terminate an Executive Director and such other additional 8

personnel as may be necessary to enable the Commission 9

to perform its duties. The decision to employ or terminate 10

an Executive Director shall be made by an affirmative vote 11

of at least six of the nine voting members of the Commis-12

sion. 13

(b) COMPENSATION.—The Commission may fix the 14

compensation of the Executive Director and other per-15

sonnel without regard to the provisions of chapter 51 and 16

subchapter III of chapter 53 of title 5, United States 17

Code, relating to classification of positions and General 18

Schedule pay rates, except that the rate of pay for the 19

Executive Director and other personnel may not exceed 20

the rate payable for level V of the Executive Schedule 21

under section 5316 of such title. 22

(c) PROFESSIONAL STAFF.—The Commission and 23

the Executive Director shall hire Commission staff on the 24

basis of professional and nonpartisan qualifications. Mem-25

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27 

•HR 5880 IH

bers of the Commission may not individually hire staff of 1

the Commission. Staff shall serve the Commission as a 2

whole and may not be assigned to the particular service 3

of a single member of the Commission or a specified group 4

of such members. This subsection does not prohibit staff 5

personnel from assisting individual members of the Com-6

mission with particular needs related to their duties. 7

(d) STAFF AND SERVICES OF OTHER FEDERAL 8

AGENCIES.— 9

(1) DEPARTMENT OF STATE.—The Secretary of 10

State shall assist the Commission by providing on a 11

reimbursable or nonreimbursable basis to the Com-12

mission such staff and administrative services as 13

may be necessary and appropriate to perform its 14

functions. 15

(2) OTHER FEDERAL AGENCIES.—Upon the re-16

quest of the Commission, the head of any Federal 17

department or agency may detail, on a reimbursable 18

or nonreimbursable basis, any of the personnel of 19

that department or agency to the Commission to as-20

sist it in carrying out its functions under this title. 21

The detail of any such personnel shall be without 22

interruption or loss of civil service or Foreign Serv-23

ice status or privilege. 24

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28 

•HR 5880 IH

(e) SECURITY CLEARANCES.—The Executive Direc-1

tor shall be required to obtain a security clearance. The 2

Executive Director may request, on a needs-only basis and 3

in order to perform the duties of the Commission, that 4

other personnel of the Commission be required to obtain 5

a security clearance. The level of clearance shall be the 6

lowest necessary to appropriately perform the duties of the 7

Commission. 8

(f) COST.—The Commission shall reimburse all ap-9

propriate Federal agencies for the cost of obtaining clear-10

ances for members of the Commission, for the Executive 11

Director, and for any other personnel. 12

(g) APPLICATION OF ANTIDISCRIMINATION LAWS.— 13

For purposes of providing remedies and procedures to ad-14

dress alleged violations of rights and protections that per-15

tain to employment discrimination, family and medical 16

leave, fair labor standards, employee polygraph protection, 17

worker adjustment and retraining, veterans’ employment 18

and reemployment, intimidation or reprisal, protections 19

under the Americans with Disabilities Act of 1990 (42 20

U.S.C. 12101 et seq.), occupational safety and health, 21

labor-management relations, and rights and protections 22

that apply to employees whose pay is disbursed by the Sec-23

retary of the Senate or the Chief Administrative Officer 24

of the House of Representatives, all employees of the Com-25

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29 

•HR 5880 IH

mission shall be treated as employees whose pay is dis-1

bursed by the Secretary of the Senate or the Chief Admin-2

istrative Officer of the House of Representatives, as the 3

case may be, and the Commission shall be treated as an 4

employing office of the Senate or the House of Represent-5

atives. 6

SEC. 205. REPORT. 7

(a) IN GENERAL.—Not later than December 31 of 8

each calendar year, the Commission shall submit to the 9

President, the Secretary of State, and Congress a report 10

that contains, with respect to such calendar year— 11

(1) its policy recommendations described in 12

paragraph (2) of section 202(a) based on its review 13

under paragraph (1) of such section, including— 14

(A) a public summary of recommendations 15

and list of the countries with respect to which 16

the Commission recommends imposing or termi-17

nating sanctions under title I; and 18

(B) a rationale for imposing or terminating 19

such sanctions; and 20

(2) its monitoring activities under section 21

202(b), including a list of its sources, a list of orga-22

nizations and individuals consulted, and a summary 23

of its findings. 24

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30 

•HR 5880 IH

(b) FORM.—The report required by subsection (a) 1

shall be submitted in unclassified form, but may contain 2

a classified annex. 3

(c) INDIVIDUAL OR DISSENTING VIEWS.—Each 4

member of the Commission may include the individual or 5

dissenting views of the member. 6

(d) RULE OF CONSTRUCTION.—Nothing in this sec-7

tion may be construed to preclude the Commission from 8

issuing additional reports and recommendations to ad-9

dress urgent situations. 10

SEC. 206. APPLICABILITY OF OTHER LAWS. 11

The Federal Advisory Committee Act (5 U.S.C. App.) 12

shall not apply to the Commission. 13

SEC. 207. STANDARDS OF CONDUCT AND DISCLOSURE. 14

(a) COOPERATION WITH NONGOVERNMENTAL ORGA-15

NIZATIONS, THE DEPARTMENT OF STATE, AND CON-16

GRESS.—The Commission shall, in the performance of its 17

duties under this title, seek to effectively and freely co-18

operate with all governmental and nongovernmental enti-19

ties engaged in the promotion of human rights and reli-20

gious freedom abroad. 21

(b) CONFLICT OF INTEREST AND ANTINEPOTISM.— 22

(1) MEMBER AFFILIATIONS.—Except as pro-23

vided in paragraph (3), in order to ensure the inde-24

pendence and integrity of the Commission, the Com-25

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31 

•HR 5880 IH

mission may not compensate any nongovernmental 1

agency, project, or person related to or affiliated 2

with any member of the Commission, whether in 3

that member’s direct employ or not. Staff employed 4

by the Commission may not serve in the employ of 5

any nongovernmental agency, project, or person re-6

lated to or affiliated with any member of the Com-7

mission while employed by the Commission. 8

(2) STAFF COMPENSATION.—Staff of the Com-9

mission may not receive compensation from any 10

other source for work performed in carrying out the 11

duties of the Commission while employed by the 12

Commission. 13

(3) EXCEPTION.— 14

(A) IN GENERAL.—Subject to subpara-15

graph (B), paragraph (1) shall not apply to 16

payments made for items such as conference 17

fees or the purchase of periodicals or other 18

similar expenses, if such payments would not 19

cause the aggregate value paid to any agency, 20

project, or person for a fiscal year to exceed 21

$250. 22

(B) LIMITATION.—Notwithstanding sub-23

paragraph (A), the Commission shall not give 24

special preference to any agency, project, or 25

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32 

•HR 5880 IH

person related to or affiliated with any member 1

of the Commission. 2

(4) DEFINITIONS.—In this subsection, the term 3

‘‘affiliated’’ means the relationship between a mem-4

ber of the Commission and— 5

(A) an individual who holds the position of 6

officer, trustee, partner, director, or employee 7

of an agency, project, or person of which that 8

member, or relative of that member, of the 9

Commission is an officer, trustee, partner, di-10

rector, or employee; or 11

(B) a nongovernmental agency or project 12

of which that member, or a relative of that 13

member, of the Commission is an officer, trust-14

ee, partner, director, or employee. 15

(c) CONTRACT AUTHORITY.—Subject to the avail-16

ability of appropriations, the Commission may contract 17

with and compensate Federal agencies or persons for the 18

conduct of activities necessary to the discharge of its du-19

ties under this title. Any such person shall be hired with-20

out interruption or loss of civil service or Foreign Service 21

status or privilege. 22

(d) GIFTS.— 23

(1) IN GENERAL.—In order to preserve its inde-24

pendence, the Commission may not accept, use, or 25

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33 

•HR 5880 IH

dispose of gifts or donations of services or property. 1

An individual Commissioner or employee of the 2

Commission may not, in his or her capacity as a 3

Commissioner or employee, knowingly accept, use, or 4

dispose of gifts or donations of services or property, 5

unless he or she in good faith believes such gifts or 6

donations to have a value of less than $50 and a cu-7

mulative value during a calendar year of less than 8

$100. 9

(2) EXCEPTIONS.—This subsection shall not 10

apply to the following: 11

(A) Gifts provided on the basis of a per-12

sonal friendship with a Commissioner or em-13

ployee, unless the Commissioner or employee 14

has reason to believe that the gift was provided 15

because of the Commissioner’s position and not 16

because of the personal friendship. 17

(B) Gifts provided on the basis of a family 18

relationship. 19

(C) The acceptance of training, invitations 20

to attend or participate in conferences, or such 21

other events as are related to the conduct of the 22

duties of the Commission, or food or refresh-23

ment associated with such activities. 24

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34 

•HR 5880 IH

(D) Items of nominal value or gifts of esti-1

mated value of $10 or less. 2

(E) Gifts provided by a foreign leader or 3

state which would create offense or embarrass-4

ment to the United States Government if re-5

fused, shall be accepted and turned over to the 6

United States Government in accordance with 7

the Foreign Gifts and Decorations Act of 1966. 8

(F) Informational materials such as docu-9

ments, books, videotapes, periodicals, or other 10

forms of communications. 11

(G) Goods or services provided by any 12

agency or component of the Government of the 13

United States, including any commission estab-14

lished under the authority of such Government. 15

(e) ANNUAL FINANCIAL REPORT.—In addition to 16

providing the reports required under section 205, the 17

Commission shall, not later than January 1 of each year, 18

submit to the Committees on Foreign Affairs and the 19

Committee on Appropriations of the House of Representa-20

tives and to the Committees on Foreign Relations and the 21

Committee on Appropriations of the Senate a financial re-22

port detailing and identifying the expenditures of the 23

Commission for the preceding fiscal year. 24

Æ 

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  /PDFXTrapped /False

  /CreateJDFFile false
  /Description <<
    /ARA 
    /BGR 
    /CHS 
    /CHT 
    /CZE 
    /DAN 
    /DEU 
    /ESP 
    /ETI 
    /FRA 
    /GRE 
    /HEB 
    /HRV 
    /HUN 
    /ITA (Utilizzare queste impostazioni per creare documenti Adobe PDF che devono essere conformi o verificati in base a PDF/X-1a:2001, uno standard ISO per lo scambio di contenuto grafico. Per ulteriori informazioni sulla creazione di documenti PDF compatibili con PDF/X-1a, consultare la Guida dell'utente di Acrobat. I documenti PDF creati possono essere aperti con Acrobat e Adobe Reader 4.0 e versioni successive.)
    /JPN 
    /KOR 
    /LTH 
    /LVI 
    /NLD (Gebruik deze instellingen om Adobe PDF-documenten te maken die moeten worden gecontroleerd of moeten voldoen aan PDF/X-1a:2001, een ISO-standaard voor het uitwisselen van grafische gegevens. Raadpleeg de gebruikershandleiding van Acrobat voor meer informatie over het maken van PDF-documenten die compatibel zijn met PDF/X-1a. De gemaakte PDF-documenten kunnen worden geopend met Acrobat en Adobe Reader 4.0 en hoger.)
    /NOR 
    /POL 
    /PTB 
    /RUM 
    /RUS 
    /SKY 
    /SLV 
    /SUO 
    /SVE 
    /TUR 
    /UKR 
    /ENU (Use these settings to create Adobe PDF documents that are to be checked or must conform to PDF/X-1a:2001, an ISO standard for graphic content exchange.  For more information on creating PDF/X-1a compliant PDF documents, please refer to the Acrobat User Guide.  Created PDF documents can be opened with Acrobat and Adobe Reader 4.0 and later.)
  >>
  /Namespace [
    (Adobe)
    (Common)
    (1.0)
  ]
  /OtherNamespaces [
    <<
      /AsReaderSpreads false
      /CropImagesToFrames true
      /ErrorControl /WarnAndContinue
      /FlattenerIgnoreSpreadOverrides false
      /IncludeGuidesGrids false
      /IncludeNonPrinting false
      /IncludeSlug false
      /Namespace [
        (Adobe)
        (InDesign)
        (4.0)
      ]
      /OmitPlacedBitmaps false
      /OmitPlacedEPS false
      /OmitPlacedPDF false
      /SimulateOverprint /Legacy
    >>
    <<
      /AddBleedMarks false
      /AddColorBars false
      /AddCropMarks false
      /AddPageInfo false
      /AddRegMarks false
      /ConvertColors /ConvertToCMYK
      /DestinationProfileName ()
      /DestinationProfileSelector /DocumentCMYK
      /Downsample16BitImages true
      /FlattenerPreset <<
        /PresetSelector /HighResolution
      >>
      /FormElements false
      /GenerateStructure false
      /IncludeBookmarks false
      /IncludeHyperlinks false
      /IncludeInteractive false
      /IncludeLayers false
      /IncludeProfiles false
      /MultimediaHandling /UseObjectSettings
      /Namespace [
        (Adobe)
        (CreativeSuite)
        (2.0)
      ]
      /PDFXOutputIntentProfileSelector /DocumentCMYK
      /PreserveEditing true
      /UntaggedCMYKHandling /LeaveUntagged
      /UntaggedRGBHandling /UseDocumentProfile
      /UseDocumentBleed false
    >>
  ]
>> setdistillerparams
<<
  /HWResolution [2400 2400]
  /PageSize [612.000 792.000]
>> setpagedevice



		Superintendent of Documents
	2020-02-20T20:56:24-0500
	US GPO, Washington, DC 20401
	Superintendent of Documents
	GPO attests that this document has not been altered since it was disseminated by GPO