siderations, and will make every effort to work cooperatively with other governments and with nongovernmental organizations to combat the practice of torture worldwide. Sec. 2.1 (a) The President is requested (1) to instruct the Permanent Representative of the United States to the United Nations to continue to raise the issue of torture practiced by governments; and (2) to continue to involve the United States Government in the formulation of international standards and effective implementing mechanisms, particularly the draft Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment. (b) In order to implement the policy expressed in the first section of this resolution, the Secretary of State is requested to issue formal instructions to each United States chief of mission regarding United States policy with respect to torture, including (1) instructions (A) to examine allegations of the practice of torture, particularly allegations concerning the existence of secret detention, extended incommunicado detention, and restriction on access by family members, lawyers, and independent medical personnel to detainees; and (B) to forward such information as may be gathered, including information regarding any efforts made by the host government to reduce and eliminate the practice of torture, to the Assistant Secretary of State for Human Rights and Humanitarian Affairs for analysis in preparing the Department's annual country reports on human rights practices; (2) in the case of a chief of mission assigned to a country where torture is regularly practiced, instructions to report on a periodic basis as circumstances require to the Assistant Secretary of State for Human Rights and Humanitarian Affairs regarding efforts made by the respective United States diplomatic mission to implement United States policy with respect to combating torture; (3) instructions to meet with indigenous human rights monitoring groups knowledgeable about the practice of torture for the purpose of gathering information about such practice; and (4) instructions to express concern in individual cases of torture brought to the attention of a United States diplomatic mission including, whenever feasible, sending United States observers to trials when there is reason to believe that torture has been used against the accused. (c) The Secretary of Commerce should continue to enforce vigorously the current restrictions on the export of crime control equipment pursuant to the Export Administration Act of 1979. (d) The heads of the appropriate departments of the United States Government that furnish military and law enforcement training to foreign personnel, particularly personnel from countries where the practice of torture has been a documented concern, shall include in such training, when relevant, instruction regarding international human rights standards and the policy of the United States with torture. m 18. Commission on the Ukraine Famine Act Partial text of Public Law 99-180 [The Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriation Act, 1986; H.R. 2965), 99 Stat. 1136 at 1157, approved December 13, 1985; as amended by Public Law 100-340 [S. 2304], 102 Stat. 622, approved June 17, 1988 NOTE. Sec. 136 of Public Law 98-473 (Continuing Ap- TITLE V-RELATED AGENCIES * COMMISSION ON THE UKRAINE FAMINE For necessary expenses of the Commission on the Ukraine Famine to carry out the provisions of S. 2456 (98th Congress) as passed the Senate on September 21, 1984, $400,000, to remain available until expended, and the Commission on the Ukraine Famine as contained in S. 2456, is hereby established, with modifications as follows: ESTABLISHMENT SECTION 1. There is established a commission to be known as the "Commission on the Ukraine Famine" (in this Act referred to as the "Commission"). PURPOSE OF THE COMMISSION SEC. 2. The purpose of the Commission is to conduct a study of the 1932-1933 Ukraine famine in order to (1) expand the world's knowledge of the famine; and (2) provide the American public with a better understanding of the Soviet system by revealing the Soviet role in the Ukraine famine. DUTIES OF THE COMMISSION SEC. 3. The duties of the Commission are to (1) conduct a study of the 1932-1933 Ukraine famine (in this Act referred to as the "famine study"), in accordance with section 6 of this Act, in which the Commission shall— (a) gather all available information about the 1932-1933 famine in Ukraine; (B) analyze the causes of such famine and the effects it has had on the Ukrainian nation and other countries; and (C) study and analyze the reaction by the free countries of the world to such famine; and (2) submit to Congress for publication a final report on the results of the famine study no later than June 22, 19901 of this Act. MEMBERSHIP SEC. 4. (a) The Commission shall be composed of fifteen members, who shall be appointed within thirty days after the date of enactment of this Act, as follows: (1) Four members shall be Members of the House of Representatives and shall be appointed by the Speaker of the House of Representatives. Two such members shall be selected from the majority party of the House of Representatives and two such members shall be selected, after consultation with the minority leader of the House, from the minority party of the House of Representatives. The Speaker also shall designate one of the House Members as Chairman of the Commission. (2) Two members shall be Members of the Senate and shal be appointed by the President pro tempore of the Senate. One such member shall be selected from the majority party of the Senate and one such member shall be selected, after consultation with the minority leader of the Senate, from the minority party of the Senate. (3) One member shall be from among officers and employees of each of the Departments of State, Education, and Health and Human Services and shall be appointed by the President, after consultation with the Secretaries of the respective departments. (4) Six members shall be from the Ukrainian-American community at large and Ukrainian-American chartered human rights groups and shall be appointed by the Chairman of the Commission in consultation with congressional members of the Commission, the Ukrainian-American community at large, and executive boards of Ukrainian-American chartered human rights groups. (b) The term of office of each member shall be for the life of the Commission. A vacancy in the Commission shall be filled in the manner in which the original appointment was made.2 1 Sec. (1) of Public Law 100-340 (102 Stat. 622) struck out the text "two years after the orga nizational meeting of the Commission held under section 6(a)" and inserted "June 22, 1990" The words "of this Act" which follow this point should probably have been struck out as well. 2 This last sentence w A by sec. (2) of Public Law 100-340 (102 Stat. 622). (c) Each member of the Commission who is not otherwise employed by the United States Government shall be paid from the sum appropriated to carry out this Act, the daily equivalent of the rate of basic pay payable for GS-18 of the General Schedule for each day, including travel time, during which he or she is attending meetings or hearings of the Commission or otherwise performing Commission related duties as requested by the Chairman of the Commission. A member of the Commission who is an officer or employee of the United States Government or a Member of Congress shall serve without additional compensation. Each member of the Commission shall be reimbursed for travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in Government service employed intermittently. ADMINISTRATIVE PROVISIONS SEC. 5. (a) Not later than thirty days after all members have been appointed to the Commission, the Commission shall hold an organizational meeting to establish the rules and procedures under which it will carry out its responsibilities. (b) The Commission shall hire experts and consultants in accordance with section 3109 of title 5, United States Code, from the academic community to assist in carrying out the famine study. Such experts and consultants shall be chosen by a majority vote of the Commission members on the basis of their academic background and their experience relevant to research on the Ukraine famine. No person shall be otherwise employed by the Federal Government while serving as an expert or consultant to the Commission. (c) The Commission shall have a staff director, who shall be appointed by the Chairman. POWERS OF THE COMMISSION SEC. 6. (a) The Commission or any member it authorizes may, for the purpose of carrying out this Act, hold such hearings, sit and act at such times and places, request such attendance, take such testimony, and receive such evidence as the Commission considers appropriate. The Commission or any such member may administer oaths or affirmations to witnesses appearing before it. (b)(1) The Commission may issue subpenas requiring the attendance and testimony of witnesses and the production of any evidence that relates to any matter under investigation by the Commission. Such attendance of witnesses and the production of such evidence may be required from any place within the United States at any designated place of hearing within the United States. (2) The subpenas of the Commission may be issued by the Chairman of the Commission or any member designated by him and may be served by any person designated by the Chairman or such member. The subpenas of the Commission shall be served in the same manner provided for subpenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (3) If a person issued a subpena under paragraph (1) refuses to obey such subpena, any court of the United States within the judi cial district within which the hearing is conducted or within the judicial district within which such person is found or resides or transacts business may (upon application by the Commission) order such person to appear before the Commission to produce evidence or to give testimony relating to the matter under investigation. Any failure to obey such order of the court may be punished as a contempt of the court. (4) All process of any court to which application may be made under this section may be served in the judicial district in which the person required to be served resides or may be found. (c) The Commission may obtain from any department or agency of the United States information that it considers useful in the discharge of its duties. Upon request of the Chairman, the head of such department or agency shall furnish such information to the Commission to the extent permitted by law. (d) The Commission may appoint and fix the pay of such personnel as it considers appropriate. Such personnel may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter 53 of such title, relating to classification and General Schedule pay rates. No individual so appointed may receive pay in excess of the maximum annual rate of pay payable for GS-18 of the General Schedule under section 5332 of title 5, United States Code. (e) The Commission may solicit, accept, use, and dispose of donations of money, property, or services. (f) The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (g) The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. (h) The Commission may procure by contract any supplies, services, and property, including the conduct of research and the preparation of reports by Government agencies and private firms, necessary to discharge the duties of the Commission, in accordance with applicable laws and regulations and to the extent or in such amounts as are provided in appropriation Acts. TERMINATION SEC. 7. The Commission shall terminate sixty days after the report of the Commission is submitted to Congress under section 4(4) of this Act. AUTHORIZATION OF APPROPRIATIONS SEC. 8. There is authorized to be appropriated the sum of $400,000, to remain available until expended, to carry out this Act. |