22 U.S.C. § 6433 — Report of Commission

Page 1810 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6432b Subsec. (f). Pub. L. 116–94, § 806(b), designated existing provisions as par. (1), inserted heading, and added par. (2). Subsec. (g). Pub. L. 116–94, § 806(c), added subsec. (g). § 6432b. 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 en- able 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 Commis- sion. (b) Compensation The Commission may provide reasonable com- pensation to the Executive Director without re- gard to the provisions of chapter 51 and sub- chapter III of chapter 53 of title 5 relating to classification of positions and General Schedule pay rates, except that the rate of pay for the Ex- ecutive Director may not exceed the rate pay- able under level II of the Executive Schedule under section 5313 of such title. The rate of pay for other personnel of the Commission may not exceed the rate payable for level IV of the Exec- utive Schedule under section 5315 of such title. All employees of the Commission shall other- wise be treated as employees whose pay is dis- bursed by the Secretary of the Senate, including for purposes of applying the Standing Rules of the Senate. The Commission shall be treated as an employing office of the Senate. (c) Professional staff The Commission and the Executive Director shall hire Commission staff on the basis of pro- fessional and nonpartisan qualifications. Com- missioners may not individually hire staff of the Commission. Staff shall serve the Commission as a whole and may not be assigned to the par- ticular service of a single Commissioner or a specified group of Commissioners. This sub- section 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 Com- mission 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 func- tions. (2) Other Federal agencies Upon the request of the Commission, the head of any Federal department or agency may detail, on a reimbursable or nonreimburs- able basis, any of the personnel of that depart- ment or agency to the Commission to assist it in carrying out its functions under this sub- chapter. 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 Di- rector may request, on a needs-only basis and in order to perform the duties of the Commission, that other personnel of the Commission be re- quired to obtain a security clearance. The level of clearance shall be the lowest necessary to ap- propriately perform the duties of the Commis- sion. (f) Cost The Commission shall reimburse all appro- priate Government agencies for the cost of ob- taining clearances for members of the Commis- sion, for the Executive Director, and for any other personnel. (Pub. L. 105–292, title II, § 204, as added Pub. L. 106–55, § 1(b)(3), Aug. 17, 1999, 113 Stat. 402; amended Pub. L. 112–75, § 3(a), Dec. 23, 2011, 125 Stat. 1273; Pub. L. 116–94, div. J, title VIII, § 805(a), Dec. 20, 2019, 133 Stat. 3077.) Editorial Notes PRIOR PROVISIONS A prior section 204 of Pub. L. 105–292 was renumbered section 206 and is classified to section 6434 of this title. AMENDMENTS 2019—Subsec. (b). Pub. L. 116–94, § 805(a)(1), sub- stituted ‘‘provide reasonable compensation to the Exec- utive Director’’ for ‘‘fix the compensation of the Execu- tive Director and other personnel’’ and ‘‘may not ex- ceed the rate payable under level II of the Executive Schedule under section 5313’’ for ‘‘and other personnel may not exceed the rate payable for level V of the Ex- ecutive Schedule under section 5316’’ and inserted at end ‘‘The rate of pay for other personnel of the Com- mission may not exceed the rate payable for level IV of the Executive Schedule under section 5315 of such title. All employees of the Commission shall otherwise be treated as employees whose pay is disbursed by the Secretary of the Senate, including for purposes of ap- plying the Standing Rules of the Senate. The Commis- sion shall be treated as an employing office of the Sen- ate.’’ Subsec. (f). Pub. L. 116–94, § 805(a)(2), substituted ‘‘the Commission, for the Executive Director’’ for ‘‘the com- mission, for the executive director’’. Subsec. (g). Pub. L. 116–94, § 805(a)(3), struck out sub- sec. (g) which related to application of antidiscrimina- tion laws. 2011—Subsec. (g). Pub. L. 112–75 added subsec. (g). Statutory Notes and Related Subsidiaries PENDING CLAIMS Pub. L. 112–75, § 3(b), Dec. 23, 2011, 125 Stat. 1273, pro- vided that: ‘‘Any administrative or judicial claim or action pending on the date of the enactment of this Act [Dec. 23, 2011] may be maintained under [former] sec- tion 204(g) of the International Religious Freedom Act of 1998 [former 22 U.S.C. 6432b(g)], as added by sub- section (a).’’ § 6433. Report of Commission (a) In general Not later than May 1 of each year, the Com- mission shall submit a report to the President, the Secretary of State, and Congress setting forth its recommendations for United States policy options based on its evaluations under section 6432 of this title. (b) Classified form of report The report may be submitted in classified form, together with a public summary of rec- Page 1811 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6433a 1 So in original. Probably should be ‘‘sections’’. ommendations, if the classification of informa- tion would further the purposes of this chapter. (c) Individual or dissenting views Each member of the Commission may include the individual or dissenting views of the mem- ber. (Pub. L. 105–292, title II, § 205, formerly § 203, Oct. 27, 1998, 112 Stat. 2799; renumbered § 205, Pub. L. 106–55, § 1(b)(2), Aug. 17, 1999, 113 Stat. 401.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), 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. PRIOR PROVISIONS A prior section 205 of Pub. L. 105–292 was renumbered section 207 and is classified to section 6435 of this title. § 6433a. Strategic plan (a) Definitions In this section: (1) Appropriate congressional committees The term ‘‘appropriate congressional com- mittees’’ means— (A) the Committee on Foreign Relations of the Senate; (B) the Committee on Foreign Affairs of the House of Representatives; (C) the Committee on Appropriations of the Senate; and (D) the Committee on Appropriations of the House of Representatives. (2) Commission The term ‘‘Commission’’ means the United States Commission on International Religious Freedom established under section 6431 of this title. (3) Commissioner The term ‘‘Commissioner’’ means a member of the Commission. (4) Vice Chair The term ‘‘Vice Chair’’ means the Vice Chair of the Commission who was appointed to such position by an elected official from the polit- ical party that is different from the political party of the elected official who appointed the Chair of the Commission. (b) Strategic policy and organizational review planning process Not later than 60 days after October 16, 2015, and not less frequently than biennially there- after, the Chair and Vice Chair of the Commis- sion, in coordination with the Commissioners, the Ambassador-at-Large for International Reli- gious Freedom, Commission staff, and others jointly selected by the Chair and Vice Chair, shall carry out a strategic policy and organiza- tional review planning process that includes— (1) a review of the duties set forth in section 6432 of this title and the powers set forth in section 6432a of this title; (2) the preparation of a written description of prioritized actions that the Commission is required to complete to fulfill the strategic plan required under subsection (d); (3) a review of the scope, content, and timing of the Commission’s annual report and any re- quired changes; and (4) a review of the personnel policies set forth in section 6432b of this title and any re- quired changes to such policies. (c) Unanimous agreement (1) In general To the greatest extent possible, the Chair, Vice Chair, and all of the Commissioners shall ensure that this section is implemented in a manner that results in unanimous agreement among the Commissioners with regard to— (A) the strategic policy and organizational review planning process required under sub- section (b); and (B) the strategic plan required under sub- section (d). (2) Alternative approval process If unanimous agreement under paragraph (1) is not possible, items for inclusion in the stra- tegic plan may, at the joint discretion of the Chair and Vice Chair, be approved by an af- firmative vote of— (A) a majority of Commissioners appointed by an elected official from the political party of the President; and (B) a majority of Commissioners appointed by an elected official from the political party that is not the party of the President. (d) Submission of strategic plan Not later than 180 days after December 20, 2019, and every 2 years thereafter, the Chair and Vice Chair of the Commission shall jointly sub- mit, to the appropriate congressional commit- tees, a written strategic plan that includes— (1) a description of prioritized actions for the Commission for a period of time to be speci- fied by the Commissioners; (2) a description of any changes the Commis- sion considers necessary with regard to the scope, content, and timing of the Commis- sion’s annual report; (3) a description of any changes the Commis- sion considers necessary with regard to per- sonnel matters; and (4) the Commission’s funding requirements for the period covered by the strategic plan. (e) Pending issues The strategic plan required under subsection (d) may identify any issues or proposals that have not yet been resolved by the Commission. (f) Implementation of personnel provisions and annual report Notwithstanding section 1 6432b(a) and 6533(a) of this title, the Commission is authorized to implement provisions related to personnel and the Commission’s annual report that are in- cluded in the strategic plan submitted pursuant to this section. (g) Congressional oversight Upon request, the Commission shall—