22 U.S.C. § 6435a — Standards of conduct and disclosure

Page 1812 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6434 (1) make available for inspection any infor- mation and documents requested by the appro- priate congressional committees; and (2) respond to any requests to provide testi- mony before the appropriate congressional committees. (Pub. L. 114–71, § 4, Oct. 16, 2015, 129 Stat. 563; Pub. L. 116–94, div. J, title VIII, § 807, Dec. 20, 2019, 133 Stat. 3079.) Editorial Notes REFERENCES IN TEXT December 20, 2019, referred to in subsec. (d), was in the original ‘‘the date of the enactment of this Act’’, and was translated as referring to the date of enact- ment of Pub. L. 116–94, which amended subsec. (d), to reflect the probable intent of Congress. See 2019 Amendment note below. CODIFICATION Section was enacted as part of the United States Commission on International Religious Freedom Reau- thorization Act of 2015, and not as part of the Inter- national Religious Freedom Act of 1998 which com- prises this chapter. AMENDMENTS 2019—Subsec. (d). Pub. L. 116–94, in introductory pro- visions, substituted ‘‘Not later than 180 days after De- cember 20, 2019, and every 2 years thereafter’’ for ‘‘Not later than 180 days after October 16, 2015, and not less frequently than biennially thereafter’’. § 6434. Applicability of other laws Chapter 10 of title 5 shall not apply to the Commission. (Pub. L. 105–292, title II, § 206, formerly § 204, Oct. 27, 1998, 112 Stat. 2799; renumbered § 206, Pub. L. 106–55, § 1(b)(2), Aug. 17, 1999, 113 Stat. 401; Pub. L. 117–286, § 4(a)(172), Dec. 27, 2022, 136 Stat. 4324.) Editorial Notes PRIOR PROVISIONS A prior section 206 of Pub. L. 105–292 was renumbered section 209 and is classified to section 6436 of this title. AMENDMENTS 2022—Pub. L. 117–286 substituted ‘‘Chapter 10 of title 5’’ for ‘‘The Federal Advisory Committee Act (5 U.S.C. App.)’’. § 6435. Authorization of appropriations (a) In general There are authorized to be appropriated to the Commission $3,500,000 for each of the fiscal years 2025 and 2026 to carry out the provisions of this chapter and section 6433a of this title. (b) Availability of funds Amounts authorized to be appropriated under subsection (a) shall remain available until the earlier of— (1) the date on which they have been ex- pended; or (2) the date on which the Commission is ter- minated under section 6436 of this title. (c) Limitation In each fiscal year, the Commission shall only be authorized to expend amounts that have been appropriated pursuant to subsection (a) if the Commission— (1) complies with the requirements set forth in section 6433a of this title; and (2) submits the annual financial report re- quired under section 6435a(e) of this title to the appropriate congressional committees. (Pub. L. 105–292, title II, § 207, formerly § 205, Oct. 27, 1998, 112 Stat. 2800; renumbered § 207 and amended Pub. L. 106–55, § 1(b)(2), (4), Aug. 17, 1999, 113 Stat. 401, 403; Pub. L. 107–228, div. A, title VI, § 681(e), Sept. 30, 2002, 116 Stat. 1409; Pub. L. 112–75, § 4, Dec. 23, 2011, 125 Stat. 1273; Pub. L. 113–271, § 1(1), Dec. 18, 2014, 128 Stat. 2951; Pub. L. 114–71, § 5, Oct. 16, 2015, 129 Stat. 565; Pub. L. 116–94, div. J, title VIII, § 808, Dec. 20, 2019, 133 Stat. 3079; Pub. L. 117–181, § 2(a), Sept. 30, 2022, 136 Stat. 2177; Pub. L. 118–90, § 2(a), Sept. 30, 2024, 138 Stat. 1559.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 105–292, Oct. 27, 1998, 112 Stat. 2787, known as the International Reli- gious Freedom Act of 1998, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 6401 of this title and Tables. AMENDMENTS 2024—Subsec. (a). Pub. L. 118–90 substituted ‘‘2025 and 2026’’ for ‘‘2023 and 2024’’. 2022—Subsec. (a). Pub. L. 117–181 substituted ‘‘2023 and 2024’’ for ‘‘2019 through 2022’’. 2019—Subsec. (a). Pub. L. 116–94 substituted ‘‘2019 through 2022’’ for ‘‘2016 to 2019’’. 2015—Pub. L. 114–71 amended section generally. Prior to amendment, section authorized appropriations for fiscal years 2012 through 2015. 2014—Subsec. (a). Pub. L. 113–271 substituted ‘‘2015’’ for ‘‘2014’’. 2011—Subsec. (a). Pub. L. 112–75 substituted ‘‘for each of the fiscal years 2012 through 2014’’ for ‘‘for the fiscal year 2003’’. 2002—Subsec. (a). Pub. L. 107–228 inserted ‘‘for the fis- cal year 2003’’ after ‘‘$3,000,000’’. 1999—Subsec. (a). Pub. L. 106–55, § 1(b)(4), substituted ‘‘to carry out the provisions of this subchapter’’ for ‘‘for each of the fiscal years 1999 and 2000 to carry out the provisions of this subchapter.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Pub. L. 113–271, § 2, Dec. 18, 2014, 128 Stat. 2951, pro- vided that: ‘‘The amendments made by this Act [amending this section and section 6436 of this title] shall take effect as if enacted on December 10, 2014.’’ § 6435a. Standards of conduct and disclosure (a) Cooperation with nongovernmental organiza- tions, 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, govern- mental and nongovernmental, in the perform- ance of the Commission’s duties under this sub- chapter. (b) Conflict of interest and antinepotism (1) Member affiliations Except as provided in paragraph (3), in order to ensure the independence and integrity of Page 1813 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6435a 1 So in original. The comma probably should follow ‘‘member’’. 2 See References in Text note below. 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 em- ployed 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 em- ployed 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 Commis- sion. (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 Com- mission. (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 em- ployee of an agency, project, or person of which that member, or relative of that mem- ber of,1 the Commission is an officer, trust- ee, 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 com- pensate Government agencies or persons for the conduct of activities necessary to the dis- charge of its functions under this subchapter. Any such person shall be hired without inter- ruption or loss of civil service or Foreign Serv- ice status or privilege. The Commission may procure temporary and intermittent services under the authority of section 3109(b) of title 5, except that the Commission may not expend more than $250,000 in any fiscal year to pro- cure such services. (2) Expert study In the case of a study requested under sec- tion 6474 2 of this title, 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 Comp- troller 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 ac- cept, 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 fol- lowing: (A) Gifts provided on the basis of a per- sonal friendship with a Commissioner or em- ployee, unless the Commissioner or em- ployee 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 con- duct of the duties of the Commission, or food or refreshment associated with such activi- ties. (D) Items of nominal value or gifts of esti- mated 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 ex- cess of $260, but which would create offense or embarrassment to the United States Gov- ernment if refused, shall be accepted and turned over to the United States Govern- ment in accordance with the Foreign Gifts and Decorations Act of 1966 and the rules and regulations governing such gifts pro- vided to Members of Congress. (F) Informational materials such as docu- ments, 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 commis- sion established under the authority of such Government. (e) Annual financial report In addition to providing the reports required under section 6432 of this title, the Commission shall provide, each year no later than January 1, to the Committees on Foreign Affairs and Ap- propriations 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. Page 1814 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6436 (f) Commission records The Commission shall comply with all of the records management requirements set forth in chapter 31 of title 44 (commonly referred to as the ‘‘Federal Records Act of 1950’’). (g) Official email for commission business When conducting any Commission business on electronic accounts, Commission Members and staff shall use official Commission electronic ac- counts. (Pub. L. 105–292, title II, § 208, as added Pub. L. 106–55, § 1(b)(5), Aug. 17, 1999, 113 Stat. 403; amended Pub. L. 107–228, div. A, title VI, § 681(f), Sept. 30, 2002, 116 Stat. 1409; Pub. L. 112–75, § 5, Dec. 23, 2011, 125 Stat. 1273; Pub. L. 116–94, div. J, title VIII, § 809, Dec. 20, 2019, 133 Stat. 3079.) Editorial Notes REFERENCES IN TEXT Section 6474 of this title, referred to in subsec. (c)(2), was in the original a reference to section 605 of Pub. L. 105–292, which was renumbered section 606 by Pub. L. 114–281, title V, § 501(1), Dec. 16, 2016, 130 Stat. 1437. The Foreign Gifts and Decorations Act of 1966, re- ferred to in subsec. (d)(2)(E), is Pub. L. 89–673, Oct. 15, 1966, 80 Stat. 952, which was classified principally to chapter 37 (§ 2621 et seq.) of this title. The Act was sub- stantially repealed, except for provisions which are classified to section 2625 of this title, and with limited applicability, to section 2621 of this title, and was re- stated in section 7342 of Title 5, Government Organiza- tion and Employees, by Pub. L. 90–83, § 10(b), Sept. 11, 1967, 91 Stat. 224. For complete classification of this Act to the Code, see Tables. AMENDMENTS 2019—Subsecs. (f), (g). Pub. L. 116–94 added subsecs. (f) and (g). 2011—Subsec. (c)(1). Pub. L. 112–75, § 5(1), substituted ‘‘$250,000’’ for ‘‘$100,000’’. Subsec. (e). Pub. L. 112–75, § 5(2), substituted ‘‘Foreign Affairs’’ for ‘‘International Relations’’. 2002—Subsec. (c)(1). Pub. L. 107–228 substituted ‘‘The Commission may procure temporary and intermittent services under the authority of section 3109(b) of title 5, except that the Commission may not expend more than $100,000 in any fiscal year to procure such serv- ices.’’ for ‘‘The Commission may not procure tem- porary and intermittent services under section 3109(b) of title 5 or under other contracting authority other than that allowed under this subchapter.’’ § 6436. Termination The Commission shall terminate on Sep- tember 30, 2026. (Pub. L. 105–292, title II, § 209, formerly § 206, Oct. 27, 1998, 112 Stat. 2800; renumbered § 209 and amended Pub. L. 106–55, § 1(b)(2), (c), Aug. 17, 1999, 113 Stat. 401, 405; Pub. L. 107–228, div. A, title VI, § 681(g), Sept. 30, 2002, 116 Stat. 1409; Pub. L. 112–75, § 6, Dec. 23, 2011, 125 Stat. 1273; Pub. L. 113–271, § 1(2), Dec. 18, 2014, 128 Stat. 2951; Pub. L. 114–71, § 3, Oct. 16, 2015, 129 Stat. 563; Pub. L. 116–94, div. J, title VIII, § 802, Dec. 20, 2019, 133 Stat. 3076; Pub. L. 117–181, § 2(b), Sept. 30, 2022, 136 Stat. 2177; Pub. L. 118–90, § 2(b), Sept. 30, 2024, 138 Stat. 1559.) Editorial Notes AMENDMENTS 2024—Pub. L. 118–90 substituted ‘‘September 30, 2026’’ for ‘‘September 30, 2024’’. 2022—Pub. L. 117–181 substituted ‘‘September 30, 2024’’ for ‘‘September 30, 2022’’. 2019—Pub. L. 116–94 substituted ‘‘2022’’ for ‘‘2019’’. 2015—Pub. L. 114–71 substituted ‘‘September 30, 2019’’ for ‘‘September 30, 2015’’. 2014—Pub. L. 113–271 substituted ‘‘September 30, 2015’’ for ‘‘September 30, 2014’’. 2011—Pub. L. 112–75 substituted ‘‘September 30, 2014’’ for ‘‘September 30, 2011’’. 2002—Pub. L. 107–228 substituted ‘‘September 30, 2011’’ for ‘‘May 14, 2003’’. 1999—Pub. L. 106–55, § 1(c), which directed substitution of ‘‘on May 14, 2003’’ for ‘‘4 years after the initial ap- pointment of all the Commissioners’’, was executed by making the substitution for ‘‘4 years after the initial appointment of all of the Commissioners’’, to reflect the probable intent of Congress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113–271 effective as if enacted on Dec. 10, 2014, see section 2 of Pub. L. 113–271, set out as a note under section 6435 of this title. EXTENSION OF TERMINATION DATE Pub. L. 112–74, div. I, title I, Dec. 23, 2011, 125 Stat. 1173, provided in part: ‘‘That section 209 of the Inter- national Religious Freedom Act of 1998 (22 U.S.C. 6436) shall be applied by substituting ‘September 30, 2012’ for ‘September 30, 2011’ ’’. SUBCHAPTER III—PRESIDENTIAL ACTIONS PART A—TARGETED RESPONSES TO VIOLATIONS OF RELIGIOUS FREEDOM ABROAD § 6441. Presidential actions in response to viola- tions of religious freedom (a) Response to violations of religious freedom (1) In general (A) United States policy It shall be the policy of the United States— (i) to oppose violations of religious free- dom that are or have been engaged in or tolerated by the governments of foreign countries; and (ii) to promote the right to freedom of religion in those countries through the ac- tions described in subsection (b). (B) Requirement of Presidential action For each foreign country the government of which engages in or tolerates violations of religious freedom, the President shall oppose such violations and promote the right to freedom of religion in that country through the actions described in subsection (b). (2) Basis of actions Each action taken under paragraph (1)(B) shall be based upon information regarding vio- lations of religious freedom, as described in the latest Country Reports on Human Rights Practices, the Annual Report and Executive Summary, and on any other evidence avail- able, and shall take into account any findings or recommendations by the Commission with respect to the foreign country. (b) Presidential actions (1) In general Subject to paragraphs (2) and (3), the Presi- dent, in consultation with the Secretary of