[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1546 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1546

  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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 5, 1999

Mr. Nickles (for himself, Mr. Lieberman, and Mr. Hagel) introduced the 
 following bill; which was read twice, considered, and read the third 
                                  time

_______________________________________________________________________

                                 A BILL


 
  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)(1) 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.
    ``(2) 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 provides 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''.
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