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.
PL 106-55 (S.1546), enacted 08/17/1999

PUBLIC LAW 106-55—AUG. 17, 1999 
113 STAT. 401 
Public Law 106-55 
106th Congress 
An Act 
To amend the International Religious Freedom Act of 1998 to provide additional 
administrative authorities to the United States Commission on International Reli-
gious 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 CoMPOsrnoN.—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, £ind shall end 
on May 14, 2001, reg£irdless of the date of appointment to 
the Commission. The term of each member of the Commission 
appointed to the second two-ye£ir term of the Commission shall 
begin on May 15, 2001, and shall end on May 14, 2003, regard-
less 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 mem-
bership 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 ceirrying out its duties under this title, hold heeirings. 
Aug. 17, 1999 
[S. 1546] 
22 u s e 6431. 
22 u s e 6432. 
22 use 
6433-6436. 
22 u s e 6432a. 
113 STAT. 402 
PUBLIC LAW 106-55—AUG. 17, 1999 
22 use 6432b. 
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 proce-
dure, 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 Commis-
sion 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 state-
ments 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-Lairge, 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 compensa-
tion 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 st£ifF 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 
individu£d members of the Commission with particular needs 
related to their duties. 
PUBLIC LAW 106-55—AUG. 17, 1999 
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 non-
reimbursable basis to the Commission such staff and adminis-
trative 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 dep£irtment or agency to the Commis-
sion to assist it in canying 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, pn 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 obteiining clearances for mem-
bers of the commission, for the executive director, and for any 
other personnel."; 
(4) in section 207(a) (as redesignated by this Act), by 22USC6435. 
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. 
22 USC 6435a. 
"(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 para-
graph (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 affili-
ated with any member of the Commission, whether in that 
member's direct employ or not. Staff employed by the Commis-
sion 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 per-
formed in carr5dng out the duties of the Commission while 
employed by the Commission. 
"(3) EXCEPTION.— 
"(A) IN GENERAL.—Subject to subparagraph (B), para-
graph (1) shall not apply to payments made for items 
such as conference fees or the purchase of periodicals or 
other simileir expenses, if such payments would not cause 
113 STAT. 404 
PUBLIC LAW 106-55—AUG. 17, 1999 
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 Commis-
sion is an officer, trustee, partner, director, or employee. 
"(c) CONTRACT AUTHORITY.— 
"(1) IN GENERAL.—Subject to the availability of appropria-
tions, the Commission may contract with and compensate 
Government agencies or persons for the conduct of activities 
necessary to the dischgirge 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 serv-
ices under section 3109(b) of title 5, United States Code, or 
under other contracting authority other than that allowed luider 
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 dis-
pose 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. 
PUBLIC LAW 106-55—AUG. 17, 1999 
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 embgirrassment to the United States 
Government if refused, shall be accepted Euid 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 euiy 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 Deadline, 
reports required under section 202, the Commission shall provide, 
each year no later than January 1, to the Committees on Inter-
national Relations and Appropriations of the House of Representa-
tives, and to the Committees on Foreign Relations and Appropria-
tions of the Senate, a financigJ 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)" gind inserting "(4), £ind (5)"; £Uid 
(2) in paragraph (4)— 
(A) by inserting "UNDER TfflS 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 subpeiragraph (D), by striking "(D) at" and 
inserting "(5) EXCEPTION FOR ONGOING, MULTIPLE, BROAD-
B A S E D SANCTIONS I N RESPONSE TO HUMAN RIGHTS VIOLA-
TIONS.—^At". 
113 STAT. 406 
PUBLIC LAW 106-55—AUG. 17, 1999 
(b) CLERICAL CORRECTION.—Section 201(b)(l)(B)(iii) of the 
International 
Religious 
Freedom 
Act 
of 
1998 (22 
U.S.C. 
6431(b)(l)(B)(iii)) is amended by striking "three" and inserting 
"Three". 
Approved August 17, 1999. 
LEGISLATIVE HISTORY—S. 1546: 
CONGRESSIONAL RECORD, Vol. 145 (1999): 
Aug. 5, considered and passed Senate and House.