§ 6435a. — Standards of conduct and disclosure.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC6435a]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 73--INTERNATIONAL RELIGIOUS FREEDOM
SUBCHAPTER II--COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM
Sec. 6435a. 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 subchapter.
(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,\1\ the Commission is an officer, trustee, partner, director,
or employee; or
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\1\ So in original. The comma probably should follow ``member''.
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(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 subchapter. Any such person shall be hired
without interruption or loss of civil service or Foreign Service
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
$100,000 in any fiscal year to procure such services.
(2) Expert study
In the case of a study requested under section 6474 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 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 6432 of
this title, 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.
(Pub. L. 105-292, title II, Sec. 208, as added Pub. L. 106-55,
Sec. 1(b)(5), Aug. 17, 1999, 113 Stat. 403; amended Pub. L. 107-228,
div. A, title VI, Sec. 681(f), Sept. 30, 2002, 116 Stat. 1409.)
References in Text
The Foreign Gifts and Decorations Act of 1966, referred to in
subsec. (d)(2)(E), is Pub. L. 89-673, Oct. 15, 1966, 80 Stat. 952, as
amended, which was classified principally to chapter 37 (Sec. 2621 et
seq.) of this title. The Act was substantially 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 restated
in section 7342 of Title 5, Government Organization and Employees, by
Pub. L. 90-83, Sec. 10(b), Sept. 11, 1967, 91 Stat. 224. For complete
classification of this Act to the Code, see Tables.
Amendments
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 services.'' for
``The Commission may not procure temporary and intermittent services
under section 3109(b) of title 5 or under other contracting authority
other than that allowed under this subchapter.''
