22 U.S.C. § 6431 — Establishment and composition

Page 1806 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6431 1 So in original. Probably should not be capitalized. protect and advance the universally recognized right to the freedom of religion,’’ for ‘‘faith,’’. Subsec. (c). Pub. L. 114–281, § 104(2), substituted ‘‘make available’’ for ‘‘, as appropriate, provide’’. Subsec. (d). Pub. L. 114–281, § 104(3), added subsec. (d). SUBCHAPTER II—COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM § 6431. Establishment and composition (a) In general There is established the United States Com- mission on International Religious Freedom. (b) Membership (1) Appointment The Commission shall be composed of— (A) the Ambassador at Large, who shall serve ex officio as a nonvoting member of the Commission; and (B) Nine 1 other members, who shall be United States citizens who are not being paid as officers or employees of the United States, and who shall be appointed as fol- lows: (i) Three members of the Commission shall be appointed by the President. (ii) Three members of the Commission shall be appointed by the President pro tempore of the Senate, of which two of the members shall be appointed upon the rec- ommendation of the leader in the Senate of the political party that is not the polit- ical party of the President, and of which one of the members shall be appointed upon the recommendation of the leader in the Senate of the other political party. (iii) Three members of the Commission shall be appointed by the Speaker of the House of Representatives, of which two of the members shall be appointed upon the recommendation of the leader in the House of the political party that is not the polit- ical party of the President, and of which one of the members shall be appointed upon the recommendation of the leader in the House of the other political party. (2) Selection Members of the Commission shall be se- lected among distinguished individuals noted for their knowledge and experience in fields relevant to the issue of international religious freedom, including foreign affairs, direct expe- rience abroad, human rights, and inter- national law. (3) Time of appointment The appointments required by paragraph (1) shall be made not later than 120 days after Oc- tober 27, 1998. (c) Terms (1) In general The term of office of each member of the Commission shall be 2 years. An individual, in- cluding any member appointed to the Commis- sion prior to December 23, 2011, shall not serve more than 2 terms as a member of the Com- mission under any circumstance. For any member serving on the Commission on such date who has completed at least 2 full terms on the Commission, such member’s term shall expire 90 days after such date. A member of the Commission may not serve after the expi- ration of that member’s term. (2) Establishment of staggered terms (A) In general Notwithstanding paragraph (1), members of the Commission appointed to serve on the Commission during the period May 15, 2003, through May 14, 2005, shall be appointed to terms in accordance with the provisions of this paragraph. (B) Presidential appointments Of the three members of the Commission appointed by the President under subsection (b)(1)(B)(i), two shall be appointed to a 1- year term and one shall be appointed to a 2- year term. (C) Appointments by the President pro tem- pore of the Senate Of the three members of the Commission appointed by the President pro tempore of the Senate under subsection (b)(1)(B)(ii), one of the appointments made upon the rec- ommendation of the leader in the Senate of the political party that is not the political party of the President shall be appointed to a 1-year term, and the other two appoint- ments under such clause shall be 2-year terms. (D) Appointments by the Speaker of the House of Representatives Of the three members of the Commission appointed by the Speaker of the House of Representatives under subsection (b)(1)(B)(iii), one of the appointments made upon the recommendation of the leader in the House of the political party that is not the political party of the President shall be to a 1-year term, and the other two appoint- ments under such clause shall be 2-year terms. (E) Appointments to 1-year terms The term of each member of the Commis- sion appointed to a 1-year term shall be con- sidered to have begun on May 15, 2003, and shall end on May 14, 2004, regardless of the date of the appointment to the Commission. Each vacancy which occurs upon the expira- tion of the term of a member appointed to a 1-year term shall be filled by the appoint- ment of a successor to a 2-year term. (F) Appointments to 2-year terms Each appointment of a member to a two- year term shall identify the member suc- ceeded thereby, and each such term shall end on May 14 of the year that is at least two years after the expiration of the pre- vious term, regardless of the date of the ap- pointment to the Commission. (3) Ineligibility for reappointment If a member of the Commission attends, by being physically present or by conference call, less than 75 percent of the meetings of the Page 1807 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6431 Commission during one of that member’s terms on the Commission, the member shall not be eligible for reappointment to the Com- mission. (d) Election of Chair and Vice Chair At the first meeting of the Commission after May 30 of each year, a majority of the members of the Commission who are present and voting shall elect a Chair and a Vice Chair. The Vice Chair shall have been appointed by an office- holder from a different political party than the officeholder who appointed the member of the Commission who was elected Chair. The posi- tions of Chair and Vice Chair shall be rotated annually between members who were appointed to the Commission by officeholders of different political parties. (e) Quorum Six voting members of the Commission shall constitute a quorum for purposes of transacting business. (f) Meetings Each year, within 15 days, or as soon as prac- ticable, after the issuance of the International Religious Freedom Report, the Commission shall convene. The Commission shall otherwise meet at the call of the Chair or, if no Chair has been elected for that calendar year, at the call of six voting members of the Commission. (g) Vacancies Any vacancy of the Commission shall not af- fect its powers, but shall be filled in the manner in which the original appointment was made. A member may serve after the expiration of that member’s term until a successor has taken of- fice. Any member appointed to fill a vacancy oc- curring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. (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 subchapter. (i) Funding Members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5 while away from their homes or regular places of business in the performance of services for the Commission. Members of the Commission shall comply with the requirements set forth in chapters 300 through 304 of title 41, Code of Fed- eral Regulations (commonly known as the ‘‘Fed- eral Travel Regulation’’) and the Department of State Standardized Regulations governing au- thorized travel at government expense, includ- ing regulations concerning the mode of travel, lodging and per diem expenditures, reimburse- ment payments, and expense reporting and doc- umentation requirements. (j) Removal If a payment is made under section 415(a) of the Congressional Accountability Act of 1995 (2 U.S.C. 1415(a)) for an award or settlement in connection with a claim alleging a violation of unlawful harassment, intimidation, reprisal, or discrimination under the Congressional Ac- countability Act of 1995 (2 U.S.C. 1301 et seq.) that was committed personally by an individual who, at the time of committing the violation, was a Member of the Commission, the Member shall be removed from the Commission. (Pub. L. 105–292, title II, § 201, Oct. 27, 1998, 112 Stat. 2797; Pub. L. 106–55, §§ 1(a), 2(b), Aug. 17, 1999, 113 Stat. 401, 406; Pub. L. 107–228, div. A, title VI, § 681(b)–(d), Sept. 30, 2002, 116 Stat. 1408, 1409; Pub. L. 112–75, § 2, Dec. 23, 2011, 125 Stat. 1272; Pub. L. 116–94, div. J, title VIII, §§ 803, 806(a), Dec. 20, 2019, 133 Stat. 3076, 3078.) Editorial Notes REFERENCES IN TEXT The Congressional Accountability Act of 1995, re- ferred to in subsec. (j), is Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to chapter 24 (§ 1301 et seq.) of Title 2, The Congress. For complete classification of this Act to the Code, see Short Title note under section 1301 of Title 2 and Tables. AMENDMENTS 2019—Subsec. (b)(2). Pub. L. 116–94, § 803(1), struck out subpar. (A) designation and heading and subpar. (B). Prior to amendment, text of subpar. (B) read as follows: ‘‘Each member of the Commission shall be required to obtain a security clearance.’’ Subsec. (d). Pub. L. 116–94, § 803(2), amended subsec. (d) generally. Prior to amendment, text read as follows: ‘‘At the first meeting of the Commission after May 30 of each year, a majority of the members of the Com- mission present and voting shall elect the Chair of the Commission. No member of the Commission is eligible to be elected as Chair of the Commission for a second, consecutive term.’’ Subsec. (f). Pub. L. 116–94, § 803(3), substituted ‘‘Inter- national Religious Freedom Report’’ for ‘‘Country Re- port on Human Rights Practices’’. Subsec. (i). Pub. L. 116–94, § 806(a), substituted ‘‘shall comply with’’ for ‘‘are subject to’’. Subsec. (j). Pub. L. 116–94, § 803(4), added subsec. (j). 2011—Subsec. (c)(1). Pub. L. 112–75, § 2(a)(1), added par. (1) and struck out former par. (1) which read as follows: ‘‘The term of office of each member of the Commission shall be 2 years. The term of each member of the Com- mission 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 sec- ond 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 Com- mission is filled during a two-year term of the Commis- sion, such membership on the Commission shall termi- nate at the end of that two-year term of the Commis- sion. Members of the Commission shall be eligible for reappointment to a second term.’’ Subsec. (c)(3). Pub. L. 112–75, § 2(a)(2), added par. (3). Subsec. (d). Pub. L. 112–75, § 2(b), inserted at end ‘‘No member of the Commission is eligible to be elected as Chair of the Commission for a second, consecutive term.’’ Subsec. (i). Pub. L. 112–75, § 2(c), inserted at end ‘‘Members of the Commission are subject to the re- quirements set forth in chapters 300 through 304 of title 41, Code of Federal Regulations (commonly known as the ‘Federal Travel Regulation’) and the Department of State Standardized Regulations governing authorized travel at government expense, including regulations Page 1808 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6432 concerning the mode of travel, lodging and per diem ex- penditures, reimbursement payments, and expense re- porting and documentation requirements.’’ 2002—Subsec. (c)(2). Pub. L. 107–228, § 681(b), added par. (2). Subsec. (d). Pub. L. 107–228, § 681(c), substituted ‘‘after May 30 of each’’ for ‘‘in each calendar’’. Subsec. (g). Pub. L. 107–228, § 681(d), inserted at end ‘‘A member may serve after the expiration of that member’s term until a successor has taken office. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term.’’ 1999—Pub. L. 106–55, § 1(a)(2), which directed amend- ment of section by inserting after first sentence ‘‘The term of each member of the Commission appointed to the first two-year term of the Commission shall be con- sidered 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 Com- mission 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.’’, was executed by mak- ing the insertion after the first sentence of subsec. (c)(1) to reflect the probable intent of Congress. Subsec. (b)(1)(B)(iii). Pub. L. 106–55, § 2(b), substituted ‘‘Three’’ for ‘‘three’’. Subsec. (c). Pub. L. 106–55, § 1(a)(1), designated exist- ing provisions as par. (1) and inserted par. heading. Subsec. (h). Pub. L. 106–55, § 1(a)(3), amended heading and text of subsec. (h) generally. Prior to amendment, text read as follows: ‘‘The Secretary of State shall as- sist the Commission by providing to the Commission such staff and administrative services of the Office as may be necessary and appropriate for the Commission to perform its functions. Any employee of the execu- tive branch of Government may be detailed to the Com- mission without reimbursement to the agency of that employee and such detail shall be without interruption or loss of civil service status or privilege.’’ § 6432. Duties of Commission (a) In general The Commission shall have as its primary re- sponsibility— (1) the annual and ongoing review of the facts and circumstances of violations of reli- gious freedom presented in the Country Re- ports on Human Rights Practices, the Annual Report, and the Executive Summary, as well as information from other sources as appro- priate; and (2) the making of policy recommendations to the President, the Secretary of State, and Congress with respect to matters involving international religious freedom. (b) Policy review and recommendations in re- sponse to violations The Commission, in evaluating United States Government policies in response to violations of religious freedom, shall consider and rec- ommend options for policies of the United States Government with respect to each foreign country the government of which has engaged in or tolerated violations of religious freedom, in- cluding particularly severe violations of reli- gious freedom, including diplomatic inquiries, diplomatic protest, official public protest de- marche of protest, condemnation within multi- lateral fora, delay or cancellation of cultural or scientific exchanges, delay or cancellation of working, official, or state visits, reduction of certain assistance funds, termination of certain assistance funds, imposition of targeted trade sanctions, imposition of broad trade sanctions, and withdrawal of the chief of mission. (c) Policy review and recommendations in re- sponse to progress The Commission, in evaluating the United States Government policies with respect to countries found to be taking deliberate steps and making significant improvement in respect for the right of religious freedom, shall consider and recommend policy options, including pri- vate commendation, diplomatic commendation, official public commendation, commendation within multilateral fora, an increase in cultural or scientific exchanges, or both, termination or reduction of existing Presidential actions, an in- crease in certain assistance funds, and invita- tions for working, official, or state visits. (d) Effects on religious communities and individ- uals Together with specific policy recommenda- tions provided under subsections (b) and (c), the Commission shall also indicate its evaluation of the potential effects of such policies, if imple- mented, on the religious communities and indi- viduals whose rights are found to be violated in the country in question. (e) Monitoring (1) In general The Commission shall, on an ongoing basis, monitor facts and circumstances of violations of religious freedom, in consultation with independent human rights groups and non- governmental organizations, including church- es and other religious communities, and make such recommendations as may be necessary to the appropriate officials and offices in the United States Government. (2) Tracking; review The Commission shall regularly— (A) track the implementation by the United States Government of the rec- ommendations it makes under paragraph (1); and (B) review, to the extent practicable, the effectiveness of such implemented rec- ommendations in advancing religious free- dom internationally. (Pub. L. 105–292, title II, § 202, Oct. 27, 1998, 112 Stat. 2798; Pub. L. 106–55, § 1(b)(1), Aug. 17, 1999, 113 Stat. 401; Pub. L. 116–94, div. J, title VIII, § 804(a), Dec. 20, 2019, 133 Stat. 3077.) Editorial Notes AMENDMENTS 2019—Subsec. (e). Pub. L. 116–94 designated existing provisions as par. (1), inserted heading, and added par. (2). 1999—Subsec. (f). Pub. L. 106–55 struck out heading and text of subsec. (f). Text read as follows: ‘‘The Com- mission may, for the purpose of carrying out its duties under this subchapter, hold hearings, sit and act at times and places in the United States, take testimony,