§ 6431. — Establishment and composition.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC6431]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 73--INTERNATIONAL RELIGIOUS FREEDOM
SUBCHAPTER II--COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM
Sec. 6431. Establishment and composition
(a) In general
There is established the United States Commission 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 follows:
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\1\ So in original. Probably should not be capitalized.
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(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 recommendation of
the leader in the Senate of the political party that is not
the political 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 political 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
(A) In general
Members of the Commission shall be selected among
distinguished individuals noted for their knowledge and
experience in fields relevant to the issue of international
religious freedom, including foreign affairs, direct experience
abroad, human rights, and international law.
(B) Security clearances
Each member of the Commission shall be required to obtain a
security clearance.
(3) Time of appointment
The appointments required by paragraph (1) shall be made not
later than 120 days after October 27, 1998.
(c) Terms
(1) In general
The term of office of each member of the Commission shall be 2
years. 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, 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 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. Members of the Commission shall be eligible for
reappointment to a second 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) of this section, 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 tempore 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) of this section, one of the appointments made upon
the recommendation 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 appointments 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) of this section, 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 appointments under
such clause shall be 2-year terms.
(E) Appointments to 1-year terms
The term of each member of the Commission appointed to a 1-
year term shall be considered 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 expiration of the term of a member appointed to a 1-year
term shall be filled by the appointment 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 succeeded thereby, and each such term shall
end on May 14 of the year that is at least two years after the
expiration of the previous term, regardless of the date of the
appointment to the Commission.
(d) Election of Chair
At the first meeting of the Commission after May 30 of each year, a
majority of the members of the Commission present and voting shall elect
the Chair of the Commission.
(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 practicable, after the
issuance of the Country Report on Human Rights Practices, 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 affect 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 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.
(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.
(Pub. L. 105-292, title II, Sec. 201, Oct. 27, 1998, 112 Stat. 2797;
Pub. L. 106-55, Secs. 1(a), 2(b), Aug. 17, 1999, 113 Stat. 401, 406;
Pub. L. 107-228, div. A, title VI, Sec. 681(b)-(d), Sept. 30, 2002, 116
Stat. 1408, 1409.)
Amendments
2002--Subsec. (c)(2). Pub. L. 107-228, Sec. 681(b), added par. (2).
Subsec. (d). Pub. L. 107-228, Sec. 681(c), substituted ``after May
30 of each'' for ``in each calendar''.
Subsec. (g). Pub. L. 107-228, Sec. 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, Sec. 1(a)(2), which directed amendment 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 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 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 making 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, Sec. 2(b), substituted
``Three'' for ``three''.
Subsec. (c). Pub. L. 106-55, Sec. 1(a)(1), designated existing
provisions as par. (1) and inserted par. heading.
Subsec. (h). Pub. L. 106-55, Sec. 1(a)(3), amended heading and text
of subsec. (h) generally. Prior to amendment, text read as follows:
``The Secretary of State shall assist 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 executive branch of Government may be
detailed to the Commission without reimbursement to the agency of that
employee and such detail shall be without interruption or loss of civil
service status or privilege.''
Section Referred to in Other Sections
This section is referred to in section 6402 of this title.
