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Title II — United States Commission on Atrocity Accountability and Human Rights

H.R. 5880 · 116th Congress · Feb 12, 2020 · Lineage

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.