[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>