110 HR 6054 IH: Human Rights Commission Act of U.S. House of Representatives 2008-05-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 6054 IN THE HOUSE OF REPRESENTATIVES May 14, 2008 Mr. Delahunt introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To establish a United States Human Rights Commission to monitor compliance by the United States with international human rights treaty obligations.

1.

Short title

This Act may be cited as the Human Rights Commission Act of 2007.

2.

Establishment of Human Rights Commission

There is established a commission to be known as the Human Rights Commission (in this Act referred to as the Commission).

3.

Duty of human rights commission

The Commission shall monitor the compliance by the United States with all international human rights treaties to which the United States is a party (including all such treaties to which the United States becomes a party at any time after the date of the enactment of this Act), including the following: (1)The Convention to Suppress the Slave Trade and Slavery (September 25, 1926, as amended by the Protocol of December 7, 1953). (2)The Convention on the Prevention and Punishment of the Crime of Genocide (December 9, 1948). (3)The Convention relative to the Treatment of Prisoners of War (August 12, 1949). (4)The Convention relative to the Protection of Civilian Persons in Time of War (August 12, 1949). (5)The Convention on the Political Rights of Women (December 20, 1952). (6)The Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery (September 7, 1956). (7)The Abolition of Forced Labour Convention of June 25, 1957 (ILO Convention 105). (8)The International Convention on the Elimination of All Forms of Racial Discrimination (December 21, 1965). (9)The International Covenant on Civil and Political Rights (December 16, 1966). (10)The Protocol Relating to the Status of Refugees (January 31, 1967). (11)The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (December 10, 1984). (12)The Worst Forms of Child Labour Convention (June 17, 1999) (ILO Convention 182). (13)The Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery (September 7, 1956). (14)The Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflicts (May 25, 2000). (15)The Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (May 25, 2000). (16)The Convention for the Amelioration of the Condition of the Wounded and Sick in the Armed Forces in the Field (August 12, 1949). (17)The Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (August 12, 1949). (18)The Inter-American Convention on the Granting of Political Rights to Women (May 2, 1948). (19)The Inter-American Convention on the Nationality of Women (December 26, 1933).

4.

Commission membership

(a)

Selection and appointment of members

The Commission shall be composed of 18 members, as follows: (1)Nine Members of the House of Representatives appointed by the Speaker of the House of Representatives. Five Members shall be selected from the majority party and four Members shall be selected, after consultation with the minority leader of the House of Representatives, from the minority party. The nine Members shall include the Chairman and Ranking Minority Member of the Subcommittee on International Organizations, Human Rights, and Oversight of the Committee on Foreign Affairs and the Chairman and Ranking Minority Member of the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law of the Committee on the Judiciary. (2)Nine Members of the Senate appointed by the President of the Senate. Five Members shall be selected from the majority party of the Senate, after consultation with the majority leader, and four Members shall be selected, after consultation with the minority leader of the Senate, from the minority party. The nine Members shall include the Chairman and Ranking Minority Member of the Subcommittee on International Operations and Organizations, Democracy and Human Rights of the Committee on Foreign Relations and the Chairman and Ranking Minority Member of the Subcommittee on Human Rights and the Law of the Committee on the Judiciary. (b)

Commission Chairman and Co-Chairman

(1)

In general

The Commission shall have a Chairman and a Co-Chairman. (2)

Designation of Chairman

(A)

House of Representatives

Not later than 30 days after the convening of each even-numbered Congress, the Speaker of the House of Representatives shall designate one of the House Members who is a member of the Commission as Chairman of the Commission. (B)

Senate

Not later than 30 days after the convening of each odd-numbered Congress, the President of the Senate, on the recommendation of the majority leader, shall designate one of the Senate Members who is a member of the Commission as Chairman of the Commission. (3)

Designation of Co-Chairman

(A)

House of Representatives

Not later than 30 days after the convening of each odd-numbered Congress, the Speaker of the House of Representatives shall designate one of the House Members who is a member of the Commission as Co-Chairman of the Commission. (B)

Senate

Not later than 30 days after the convening of each even-numbered Congress, the President of the Senate, on the recommendation of the majority leader, shall designate one of the Senate Members who is a member of the Commission as Co-Chairman of the Commission. (4)

Term of office

The term of office of a Chairman and Co-Chairman shall terminate on the date that a Congress adjourns sine die.

5.

Testimony of witnesses; production of evidence; issuance of subpoenas; administration of oaths

In carrying out its duty under section 3, the Commission may require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such evidence, including books, records, correspondence, memorandums, papers, and documents, as it determines necessary. Subpoenas may be issued only pursuant to a two-thirds vote of the members of the Commission who are present and voting. Upon such a vote, subpoenas may be issued by the Chairman of the Commission or by any member designated by the Chairman, and may be served by any person designated by the Chairman or such member. The Chairman of the Commission, or any member designated by the Chairman, may administer oaths to any witnesses.

6.

Report by Secretary of State to Commission

(a)

Annual report

In order to assist the Commission in carrying out its duty under section 3, the Secretary of State shall annually submit to the Commission a report that explains how the United States has complied with its international human rights treaty obligations over the preceding calendar year. (b)

Contents of report

The report required under subsection (a) shall include a discussion of any concerns raised regarding the United States in international organizations charged with monitoring compliance with international human rights treaties. (c)

Time for submission of report

The Secretary shall submit the report not later than March 31 of each year. (d)

Public dissemination

The Secretary shall ensure that each annual report, excluding any classified annexes, is posted on the website of the Department of State not later than April 1 of each year.

7.

Reports by Commission to Congress

(a)

In general

Not later than January 31 of each year, the Commission shall submit to the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives and Committee on Foreign Relations and the Committee on the Judiciary of the Senate a report regarding the compliance by the United States of its obligations under international human rights treaties. (b)

Request for additional information

The Commission shall, upon request by any Member of the House of Representatives or any Member of the Senate, provide such Member with any additional information so requested pertaining to the compliance by the United States of its obligations under international human rights treaties. (c)

Expenditure of appropriations

Not later than January 15 of each fiscal year for which an appropriation is made to the Commission to carry out its duty under section 3, the Commission shall submit to Congress a report on its expenditures under such appropriation.

8.

Authorization of appropriations

(a)

In general

There are authorized to be appropriated to the Commission for each fiscal year such sums as may be necessary to enable it to carry out its duty under section 3. (b)

Availability

Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended. (c)

Disbursement

Amounts appropriated to the Commission shall be disbursed on vouchers approved— (1)jointly by the Chairman and the Co-Chairman; or (2)by a majority of the members of the personnel and administration committee established under section 9.

9.

Commission staff

(a)

Staff director; senior staff person

The Chairman shall be entitled to appoint and fix the pay of a staff director, and the Co-Chairman shall be entitled to appoint and fix the pay of the senior staff person of the Co-Chairman. (b)

Professional staff members

The Chairman and Co-Chairman each shall have the authority to appoint and fix the pay of at least four professional staff members who shall be responsible to the Chairman or the Co-Chairman, as the case may be, who appointed them. Such authority may be delegated to the staff director or senior staff person, as the case may be. (c)

Staff appointments

All staff appointments shall be made without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that the rate of pay may not exceed the maximum rate of pay for GS–15 under the General Schedule. (d)

Commission employees as congressional employees

For purposes of pay and other employment benefits, rights, and privileges, and for all other purposes, any employee of the Commission shall be considered to be a congressional employee as defined in section 2107 of title 5, United States Code. (e)

Qualifications of professional staff

The personnel and administration committee shall ensure that the professional staff of the Commission consists of persons with expertise in civil rights, prisoner rights, labor rights, law, international law, and human rights.

10.

Printing and binding costs

For purposes of costs relating to printing and binding, including the costs of personnel detailed from the Government Printing Office, the Commission shall be deemed to be a committee of Congress.