[Congressional Record Volume 145, Number 114 (Thursday, August 5, 1999)]
[Senate]
[Pages S10528-S10529]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




AUTHORITIES TO THE UNITED STATES COMMISSION ON INTERNATIONAL RELIGIOUS 
                                FREEDOM

  Mr. BROWNBACK. Mr. President, I ask unanimous consent that the Senate 
now proceed to the immediate consideration of S. 1546, introduced 
earlier today by Senators Nickles, Lieberman and Hagel.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (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.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. BROWNBACK. Mr. President, I ask unanimous consent that the bill 
be read a third time and passed, the motion to reconsider be laid on 
the table, and that any statements relating to the bill be printed in 
the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1546) was read the third time and passed, as follows:

                                S. 1546

       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 an 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.'';

                           *   *   *   *   *

       * * * 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

[[Page S10529]]

     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 an 
     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 Codes, 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 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 
     government 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 1988 (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) Presidental 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''.

                          ____________________