[106th Congress Public Law 55]
[From the U.S. Government Printing Office]
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[DOCID: f:publ055.106]
[[Page 113 STAT. 401]]
Public Law 106-55
106th Congress
An Act
To <<NOTE: Aug. 17, 1999 - [S. 1546]>> 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 <<NOTE: 22 USC 6431.>> 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) <<NOTE: 22 USC 6432.>> by striking section 202(f);
(2) by redesignating sections 203, 204, 205, and
206 <<NOTE: 22 USC 6433-6436.>> as sections 205, 206, 207, and
209, respectively;
(3) by inserting after section 202 the following:
``SEC. 203. POWERS OF THE <<NOTE: 22 USC 6432a.>> COMMISSION.
``(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out its duties under this title, hold hearings,
[[Page 113 STAT. 402]]
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 <<NOTE: 22 USC 6432b.>> 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.
[[Page 113 STAT. 403]]
``(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 <<NOTE: 22
USC 6435.>> 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 <<NOTE: 22 USC 6435a.>> 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
[[Page 113 STAT. 404]]
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.
[[Page 113 STAT. 405]]
``(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 <<NOTE: Deadline.>> 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''.
[[Page 113 STAT. 406]]
(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''.
Approved August 17, 1999.
LEGISLATIVE HISTORY--S. 1546:
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CONGRESSIONAL RECORD, Vol. 145 (1999):
Aug. 5, considered and passed Senate and House.
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