[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5379 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 5379

To reauthorize the United States Commission on International Religious 
                    Freedom, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 10, 2019

Mr. Cicilline introduced the following bill; which was referred to the 
Committee on Foreign Affairs, and in addition to the Committee on House 
   Administration, 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 reauthorize the United States Commission on International Religious 
                    Freedom, 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 ``United States Commission on 
International Religious Freedom Reauthorization Act of 2019''.

SEC. 2. REAUTHORIZATION.

    Section 209 of the International Religious Freedom Act of 1998 (22 
U.S.C. 6436) is amended by striking ``2019'' and inserting ``2023''.

SEC. 3. COMPOSITION OF COMMISSION.

    Section 201 of the International Religious Freedom Act of 1998 (22 
U.S.C. 6431) is amended--
            (1) in subsection (b)(2)--
                    (A) by striking ``(A) In general.--''; and
                    (B) by striking subparagraph (B);
            (2) in subsection (c)(1)--
                    (A) by striking ``2 years'' and inserting ``3 
                years''; and
                    (B) by striking the second and third sentences and 
                inserting the following: ``Individuals serving on the 
                Commission on the date of the enactment of the United 
                States Commission on International Religious Freedom 
                Reauthorization Act of 2019 who were previously 
                reappointed to the Commission may not remain in office 
                after the end of the term for which the member was 
                appointed. Individuals serving on the Commission as of 
                such date of enactment who were not previously 
                reappointed to the Commission may be reappointed for 1 
                additional 2-year term. Individuals appointed to the 
                Commission on or after such date of enactment may not 
                serve more than 1 term as members of the Commission 
                under any circumstance. Individuals whose service as 
                members of the Commission ended before such date of 
                enactment may not be reappointed to the Commission.'';
            (3) by amending subsection (d) to read as follows:
    ``(d) Election of Chair and Vice Chair.--At the first meeting of 
the Commission after May 30 of each year, a majority of the members of 
the Commission who are present and voting shall elect a Chair and a 
Vice Chair. The Vice Chair shall have been appointed by an officeholder 
from a different political party than the officeholder who appointed 
the member of the Commission who was elected Chair. The positions of 
Chair and Vice Chair shall be rotated annually between members who were 
appointed to the Commission by officeholders of different political 
parties.'';
            (4) in subsection (f), by striking ``Country Report on 
        Human Rights Practices'' and inserting ``International 
        Religious Freedom Report''; and
            (5) by adding at the end the following:
    ``(j) Removal.--If a payment is made under section 415(a) of the 
Congressional Accountability Act of 1995 (2 U.S.C. 1415(a)) for an 
award or settlement in connection with a claim alleging a violation of 
unlawful harassment, intimidation, reprisal, or discrimination under 
the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) 
that was committed personally by an individual who, at the time of 
committing the violation, was a Member of the Commission, the Member 
shall be removed from the Commission.''.

SEC. 4. DUTIES AND POWERS OF THE COMMISSION.

    (a) Duties.--Section 202 of the International Religious Freedom Act 
of 1998 (22 U.S.C. 6432) is amended--
            (1) in subsection (a)(1), by inserting ``globally and the 
        abuse of religion to justify human rights violations, including 
        those'' after ``freedom''; and
            (2) in subsection (e)--
                    (A) by striking ``The Commission'' and inserting 
                the following:
            ``(1) In general.--The Commission''; and
                    (B) by adding at the end the following:
            ``(2) Tracking; review.--The Commission shall regularly--
                    ``(A) track the implementation by the United States 
                Government of the recommendations it makes under 
                paragraph (1); and
                    ``(B) review, to the extent practicable, the 
                effectiveness of such implemented recommendations in 
                advancing religious freedom internationally.''.
    (b) Powers.--Section 203(e) of the International Religious Freedom 
Act of 1998 (22 U.S.C. 6432a(e)) is amended--
            (1) by striking ``The Members of the Commission'' and 
        inserting the following:
            ``(1) In general.--The Members of the Commission'';
            (2) in paragraph (1), as redesignated, by inserting ``When 
        a member of the Commission is speaking at a public event in his 
        or her capacity as a private citizen, the event sponsor shall 
        not identify the member's affiliation with the Commission in 
        any printed materials or when introducing the member.'' after 
        ``private citizens.''; and
            (3) by adding at the end the following:
            ``(2) Speaking at events in official capacity.--When a 
        Member of the Commission is invited to speak at an event in his 
        or her capacity as a Commissioner, the Member shall provide 
        notice of the request to all Commissioners and the Executive 
        Director as soon as the Commissioner becomes aware of the 
        request. When a specific Commissioner is requested to speak at 
        an event, but a different Commissioner has more relevant 
        subject-matter expertise, the Commission may propose that a 
        different Commissioner speak at the event. If more than 1 
        Commissioner would like to speak at an event and interested 
        Commissioners cannot reach a timely, amicable decision on who 
        shall speak, the Commission, as a whole, shall decide who shall 
        speak by majority vote. Speeches and responses to questions at 
        events shall reflect the views of the Commission. Speeches and 
        other prepared materials must be circulated to all 
        Commissioners in advance of the event.''.

SEC. 5. COMMISSION PERSONNEL MATTERS.

    (a) In General.--Section 204 of the International Religious Freedom 
Act of 1998 (22 U.S.C. 6432b) is amended--
            (1) in subsection (a)--
                    (A) by striking ``, without regard to civil service 
                laws and regulations,'';
                    (B) by striking ``and such other additional 
                personnel'' and inserting the following: ``. The 
                Executive Director, with the approval of the Chair and 
                the Vice Chair, may appoint or terminate additional 
                senior staff''; and
                    (C) by inserting ``The Executive Director, in 
                consultation with the relevant Members of the 
                Commission, may appoint or terminate such junior staff 
                as may be necessary to enable the Commission to perform 
                its duties.'' after ``duties.'';
            (2) in subsection (b)--
                    (A) by striking ``fix the compensation of the 
                Executive Director and other personnel'' and inserting 
                ``provide reasonable compensation to the Executive 
                Director'';
                    (B) by striking ``and other personnel may not 
                exceed the rate payable for level V of the Executive 
                Schedule under section 5316'' and inserting ``may not 
                exceed the rate payable under level II of the Executive 
                Schedule under section 5313''; and
                    (C) by adding at the end the following: ``The rate 
                of pay for other personnel of the Commission may not 
                exceed the rate payable for level IV of the Executive 
                Schedule under section 5315 of such title. All 
                employees of the Commission shall otherwise be treated 
                as employees whose pay is disbursed by the Secretary of 
                the Senate, including for purposes of applying the 
                Standing Rules of the Senate. The Commission shall be 
                treated as an employing office of the Senate.'';
            (3) in subsection (f), by striking ``the commission, for 
        the executive director'' and inserting ``the Commission, for 
        the Executive Director''; and
            (4) by striking subsection (g).
    (b) Coverage of Commission Employees.--Section 101(b) of the 
Congressional Accountability Act (2 U.S.C. 1301) is amended--
            (1) in paragraph (1), by inserting ``the United States 
        Commission on International Religious Freedom,'' after ``With 
        respect to'';
            (2) in paragraph (2)--
                    (A) by redesignating subparagraphs (A) and (B) as 
                clauses (i) and (ii);
                    (B) by inserting ``(A)'' before ``Subject to 
                paragraph (3),''; and
                    (C) by adding at the end the following:
                    ``(B) Subject to paragraph (3), legal assistance 
                and representation under this Act, including assistance 
                and representation with respect to the proposal or 
                acceptance of the disposition of a claim under this 
                Act, shall be provided to the United States Commission 
                on International Religious Freedom by the Office of 
                Senate Chief Counsel for Employment of the Senate, in 
                the case of assistance and representation in connection 
                with a claim filed under title IV (including all 
                subsequent proceedings under such title in connection 
                with such claim).''; and
            (3) in paragraph (3)--
                    (A) in subparagraph (B), by striking ``and'' at the 
                end;
                    (B) in subparagraph (C), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(D) the term `United States Commission on 
                International Religious Freedom' means the Commission 
                established under section 201 of the International 
                Religious Freedom Act of 1998 (22 U.S.C. 6431).''.

SEC. 6. COMMISSION TRAVEL AND ANNUAL DISCLOSURES.

    (a) Duties.--Section 201(i) of the International Religious Freedom 
Act of 1998 (22 U.S.C. 6431(i)) is amended by striking ``are subject 
to'' and inserting ``shall comply with''.
    (b) Powers.--Section 203(f) of the International Religious Freedom 
Act of 1998 (22 U.S.C. 6432a(f)) is amended--
            (1) by striking ``The Members of the Commission'' and 
        inserting the following:
            ``(1) In general.--The Members of the Commission''; and
            (2) by adding at the end the following:
            ``(2) Prohibition against payment of official travel by 
        non-federal sources.--Members of the Commission and Commission 
        staff may not accept payment from a non-Federal source for 
        expenses related to official travel on behalf of the 
        Commission.''.
    (c) Annual Disclosures.--Section 203 of the International Religious 
Freedom Act of 1998, as amended by subsection (b), is further amended 
by adding at the end the following:
    ``(g) Annual Disclosures.--Not later than March 1 of each year, 
each Member of the Commission shall submit to the Committee on Foreign 
Relations of the Senate, the Committee on Foreign Affairs of the House 
of Representatives, the Committee on Appropriations of the Senate, and 
the Committee on Appropriations of the House of Representatives a 
report that discloses, with respect to the most recently concluded 12-
month period--
            ``(1) any travel by the Member outside of the United States 
        that was paid for or reimbursed by a person or entity other 
        than the Member, a relative of the Member, or the Federal 
        Government, including--
                    ``(A) who paid for or reimbursed the travel;
                    ``(B) a good faith estimate of the cost of the 
                travel; and
                    ``(C) brief details of the travel and events 
                related to such travel; and
            ``(2) any instances in which the Member was identified as a 
        Commissioner while speaking at, or otherwise participating in, 
        a public event in his or her capacity as a private citizen.''.

SEC. 7. RECORD RETENTION.

    Section 208 of the International Religious Freedom Act of 1998 (22 
U.S.C. 6435a) is amended by adding at the end the following:
    ``(f) Commission Records.--The Commission shall comply with all of 
the records management requirements set forth in chapter 31 of title 
44, United States Code (commonly referred to as the `Federal Records 
Act of 1950').
    ``(g) Official Email for Commission Business.--When conducting any 
Commission business through email, Commission Members and staff shall 
use official Commission email.''.

SEC. 8. APPLICABILITY OF THE FREEDOM OF INFORMATION ACT AND THE ETHICS 
              IN GOVERNMENT ACT OF 1978.

    Section 206 of the International Religious Freedom Act of 1998 (22 
U.S.C. 6434) is amended by--
            (1) inserting ``(a) Federal Advisory Committee Act.--'' 
        before ``The''; and
            (2) adding at the end the following new subsections:
    ``(b) Freedom of Information Act.--Notwithstanding sections 551 or 
552(f) of title 5, United States Code, the Commission shall be 
considered to be an agency for purposes of section 552 of such title.
    ``(c) Ethics in Government Act of 1978.--Each Commissioner 
appointed under section 201(b)(1)(B) shall--
            ``(1) be subject to the requirements of the Ethics in 
        Government Act of 1978 (5 U.S.C. App); and
            ``(2) submit financial disclosure reports under such Act in 
        the same form and manner as an individual described in section 
        101(f)(10) of such Act.
    ``(d) Clarification.--Each Commissioner appointed under section 
201(b)(1)(B) shall not be considered a Federal employee except for the 
purposes of chapter 81 of title 5, United States Code, (relating to 
job-incurred disability) and title 28, United States Code, (relating to 
tort claims).''.

SEC. 9. STRATEGIC PLAN.

    Section 4(d) of the United States Commission on International 
Religious Freedom Reauthorization Act of 2015 (22 U.S.C. 6433a(d)) is 
amended by striking ``Not later than 180 days after the date of the 
enactment of the Act, and not less frequently than biennially 
thereafter'' and inserting ``Not later than 180 days after the date of 
the enactment of the United States Commission on International 
Religious Freedom Reauthorization Act of 2019, and every 2 years 
thereafter''.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    Section 207(a) of the International Religious Freedom Act of 1998 
(22 U.S.C. 6435(a)) is amended by striking ``$3,500,000 for each of the 
fiscal years 2016 to 2019'' and inserting ``$4,500,000 for each of the 
fiscal years 2020 through 2023''.
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