[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1546 Engrossed in Senate (ES)]
106th CONGRESS
1st Session
S. 1546
_______________________________________________________________________
AN ACT
To amend the International Religious Freedom Act of 1998 to provide
additional administrative authorities to the United States Commission
on International Religious Freedom, and to make technical corrections
to that Act, 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. ADMINISTRATIVE AUTHORITIES OF THE UNITED STATES COMMISSION
ON INTERNATIONAL RELIGIOUS FREEDOM.
(a) Establishment and Composition.--Section 201 of the
International Religious Freedom Act of 1998 (22 U.S.C. 6401 et seq.) is
amended--
(1) in subsection (c)--
(A) by striking ``The'' and inserting ``(1) In
general.--The'';
(2) by inserting after the first sentence the following new
sentences: ``The term of each member of the Commission
appointed to the first two-year term of the Commission shall be
considered to have begun on May 15, 1999, and shall end on May
14, 2001, regardless of the date of appointment to the
Commission. The term of each member of the Commission appointed
to the second two-year term of the Commission shall begin on
May 15, 2001, and shall end on May 14, 2003, regardless of the
date of appointment to the Commission. In the case in which a
vacancy in the membership of the Commission is filled during a
two-year term of the Commission, such membership on the
Commission shall terminate at the end of that two-year term of
the Commission.''; and
(3) by amending subsection (h) to read as follows:
``(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 non-reimbursable basis)
such administrative support services as the Commission may request to
carry out the provisions of this title.''.
(b) Powers of the Commission.--The International Religious Freedom
Act of 1998 (22 U.S.C. 6401 et seq.) is amended--
(1) by striking section 202(f);
(2) by redesignating sections 203, 204, 205, and 206 as
sections 205, 206, 207, and 209, respectively;
(3) by inserting after section 202 the following:
``SEC. 203. POWERS OF THE COMMISSION.
``(a) Hearings and Sessions.--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 Act.
``(b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out the provisions of this
section. Upon request of the Chairperson of the Commission, the head of
such department or agency shall furnish such information to the
Commission, subject to applicable law.
``(c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
``(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.--The 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. Each trip must be approved by a majority of the
Commission. This provision shall not apply to the Ambassador-at-Large,
whose travel shall not require approval by the Commission.
``SEC. 204. COMMISSION PERSONNEL MATTERS.
``(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 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. Commissioners 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
Commissioner or a specified group of Commissioners. 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 non-
reimbursable 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 non-reimbursable 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
Government agencies for the cost of obtaining clearances for members of
the commission, for the executive director, and for any other
personnel.'';
(4) in section 207(a) (as redesignated by this Act), by
striking all that follows ``3,000,000'' and inserting ``to
carry out the provisions of this title.''; and
(5) by inserting after section 207 (as redesignated) the
following:
``SEC. 208. STANDARDS OF CONDUCT AND DISCLOSURE.
``(a) Cooperation With Nongovernmental Organizations, the
Department of State, and Congress.--The Commission shall seek to
effectively and freely cooperate with all entities engaged in the
promotion of religious freedom abroad, governmental and
nongovernmental, in the performance of the Commission's duties under
this title.
``(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.--
``(1) In general.--Subject to the availability of
appropriations, the Commission may contract with and compensate
Government agencies or persons for the conduct of activities
necessary to the discharge of its functions under this title.
Any such person shall be hired without interruption or loss of
civil service or Foreign Service status or privilege. The
Commission may not procure temporary and intermittent services
under section 3109(b) of title 5, United States Code, or under
other contracting authority other than that allowed under this
title.
``(2) Expert study.--In the case of a study requested under
section 605 of this Act, the Commission may, subject to the
availability of appropriations, contract with experts and shall
provide the funds for such a study. The Commission shall not be
required to provide the funds for that part of the study
conducted by the Comptroller General of the United States.
``(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) De minimis gifts provided by a foreign leader
or state, not exceeding a value of $260. Gifts believed
by Commissioners to be in excess of $260, but 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 and the rules and regulations governing such
gifts provided to Members of Congress.
``(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 202, the Commission shall provide, each
year no later than January 1, to the Committees on International
Relations and Appropriations of the House of Representatives, and to
the Committees on Foreign Relations and Appropriations of the Senate, a
financial report detailing and identifying its expenditures for the
preceding fiscal year.''.
(c) Authorization of Appropriations.--Section 209 of the
International Religious Freedom Act of 1998 (22 U.S.C. 6436) (as
redesignated) is amended by striking ``4 years after the initial
appointment of all the Commissioners'' and inserting ``on May 14,
2003.''.
SEC. 2. TECHNICAL CORRECTIONS.
(a) Presidential Actions.--Section 402(c) of the International
Religious Freedom Act of 1998 (22 U.S.C. 6442(c)) is amended--
(1) in paragraph (1), in the text above subparagraph (A),
by striking ``and (4)'' and inserting ``(4), and (5)''; and
(2) in paragraph (4)--
(A) by inserting ``under this act'' after
``Exception for ongoing presidential action'';
(B) by inserting ``and'' at the end of subparagraph
(B);
(C) by striking at the end of subparagraph (C) ``;
and'' and inserting a period; and
(D) in subparagraph (D), by striking ``(D) at'' and
inserting ``(5) Exception for ongoing, multiple, broad-
based sanctions in response to human rights
violations.--At''.
(b) Clerical Correction.--Section 201(b)(1)(B)(iii) of the
International Religious Freedom Act of 1998 (22 U.S.C.
6431(b)(1)(B)(iii)) is amended by striking ``three'' and inserting
``Three''.
Passed the Senate August 5, 1999.
Attest:
Secretary.
106th CONGRESS
1st Session
S. 1546
_______________________________________________________________________
AN ACT
To amend the International Religious Freedom Act of 1998 to provide
additional administrative authorities to the United States Commission
on International Religious Freedom, and to make technical corrections
to that Act, and for other purposes.