[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1546 Enrolled Bill (ENR)]
S.1546
One Hundred Sixth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the sixth day of January, one thousand nine hundred and ninety-nine
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,

2f403cde7faeb97ebbd7069f74858514eb0311ac667877cd970a9312fc501acc

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 nonreimbursable 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 nonreimbursable
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 nonreimbursable 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''.

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(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''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

a4888ac3a419f6efbb466991e20d2ac66e41c38762d98c4b1808a905e582e711

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.

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. — S. 1546

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