Collapse to view only § 6432b. Commission personnel matters
- § 6431. Establishment and composition
- § 6432. Duties of Commission
- § 6432a. Powers of the Commission
- § 6432b. Commission personnel matters
- § 6433. Report of Commission
- § 6433a. Strategic plan
- § 6434. Applicability of other laws
- § 6435. Authorization of appropriations
- § 6435a. Standards of conduct and disclosure
- § 6436. Termination
§ 6431. Establishment and composition
(a) In general
(b) Membership
(1) AppointmentThe 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
1 So in original. Probably should not be capitalized.
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:(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
(3) Time of appointment
(c) Terms
(1) In general
(2) Establishment of staggered terms
(A) In general
(B) Presidential appointments
(C) Appointments by the President pro tempore of the Senate
(D) Appointments by the Speaker of the House of Representatives
(E) Appointments to 1-year terms
(F) Appointments to 2-year terms
(3) Ineligibility for reappointment
(d) Election of Chair and Vice Chair
(e) Quorum
(f) Meetings
(g) Vacancies
(h) Administrative support
(i) Funding
(j) Removal
(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.)
§ 6432. Duties of Commission
(a) In general
The Commission shall have as its primary responsibility—
(1) the annual and ongoing review of the facts and circumstances of violations of religious freedom presented in the Country Reports on Human Rights Practices, the Annual Report, and the Executive Summary, as well as information from other sources as appropriate; 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 response to violations
(c) Policy review and recommendations in response to progress
(d) Effects on religious communities and individuals
(e) Monitoring
(1) In general
(2) Tracking; review
The Commission shall regularly—
(A) track the implementation by the United States Government of the recommendations it makes under paragraph (1); and
(B) review, to the extent practicable, the effectiveness of such implemented recommendations in advancing religious freedom 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.)
§ 6432a. Powers of the Commission
(a) Hearings and sessions
(b) Information from Federal agencies
(c) Postal services
(d) Administrative procedures
(e) Views of the Commission
(f) Travel
(1) In general
(2) Prohibition against payment of official travel by non-Federal sources
(g) Annual disclosures
Not later than March 1 of each year, each Member of the Commission shall submit a report to the appropriate congressional committees (as defined in section 6433a(a) of this title) with respect to the most recently concluded 12-month period, that discloses any travel by the Member outside of the United States that was paid for or reimbursed by a person or entity other than the Member, a relative of the Member, or the Federal Government, including—
(1) who paid for or reimbursed the travel;
(2) a good faith estimate of the cost of the travel, if the travel was funded by a person or entity that does not employ the Member; and
(3) brief details of the travel and events related to such travel.
(Pub. L. 105–292, title II, § 203, as added Pub. L. 106–55, § 1(b)(3), Aug. 17, 1999, 113 Stat. 401; amended Pub. L. 116–94, div. J, title VIII, §§ 804(b), 806(b), (c), Dec. 20, 2019, 133 Stat. 3077, 3078.)
§ 6432b. Commission personnel matters
(a) In general
(b) Compensation
(c) Professional staff
(d) Staff and services of other Federal agencies
(1) Department of State
(2) Other Federal agencies
(e) Security clearances
(f) Cost
(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.)
§ 6433. Report of Commission
(a) In general
(b) Classified form of report
(c) Individual or dissenting views
(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.)
§ 6433a. Strategic plan
(a) Definitions
In this section:
(1) Appropriate congressional committees
The term “appropriate congressional committees” 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
(3) Commissioner
(4) Vice Chair
(b) Strategic policy and organizational review planning process
Not later than 60 days after October 16, 2015, and not less frequently than biennially thereafter, the Chair and Vice Chair of the Commission, in coordination with the Commissioners, the Ambassador-at-Large for International Religious Freedom, Commission staff, and others jointly selected by the Chair and Vice Chair, shall carry out a strategic policy and organizational 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, span, and timing of the Commission’s annual report and any required changes; and
(4) a review of the personnel policies set forth in section 6432b of this title and any required 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 subsection (b); and
(B) the strategic plan required under subsection (d).
(2) Alternative approval process
If unanimous agreement under paragraph (1) is not possible, items for inclusion in the strategic plan may, at the joint discretion of the Chair and Vice Chair, be approved by an affirmative 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 submit, to the appropriate congressional committees, a written strategic plan that includes—
(1) a description of prioritized actions for the Commission for a period of time to be specified by the Commissioners;
(2) a description of any changes the Commission considers necessary with regard to the scope, span, and timing of the Commission’s annual report;
(3) a description of any changes the Commission considers necessary with regard to personnel matters; and
(4) the Commission’s funding requirements for the period covered by the strategic plan.
(e) Pending issues
(f) Implementation of personnel provisions and annual report
(g) Congressional oversight
Upon request, the Commission shall—
(1) make available for inspection any information and documents requested by the appropriate congressional committees; and
(2) respond to any requests to provide testimony before the appropriate congressional committees.
(Pub. L. 114–71, § 4, Oct. 16, 2015, 129 Stat. 563; Pub. L. 116–94, div. J, title VIII, § 807, Dec. 20, 2019, 133 Stat. 3079.)
§ 6434. Applicability of other laws
Chapter 10 of title 5 shall not apply to the Commission.
(Pub. L. 105–292, title II, § 206, formerly § 204, Oct. 27, 1998, 112 Stat. 2799; renumbered § 206, Pub. L. 106–55, § 1(b)(2), Aug. 17, 1999, 113 Stat. 401; Pub. L. 117–286, § 4(a)(172), Dec. 27, 2022, 136 Stat. 4324.)
§ 6435. Authorization of appropriations
(a) In general
(b) Availability of funds
Amounts authorized to be appropriated under subsection (a) shall remain available until the earlier of—
(1) the date on which they have been expended; or
(2) the date on which the Commission is terminated under section 6436 of this title.
(c) Limitation
In each fiscal year, the Commission shall only be authorized to expend amounts that have been appropriated pursuant to subsection (a) if the Commission—
(1) complies with the requirements set forth in section 6433a of this title; and
(2) submits the annual financial report required under section 6435a(e) of this title to the appropriate congressional committees.
(Pub. L. 105–292, title II, § 207, formerly § 205, Oct. 27, 1998, 112 Stat. 2800; renumbered § 207 and amended Pub. L. 106–55, § 1(b)(2), (4), Aug. 17, 1999, 113 Stat. 401, 403; Pub. L. 107–228, div. A, title VI, § 681(e), Sept. 30, 2002, 116 Stat. 1409; Pub. L. 112–75, § 4, Dec. 23, 2011, 125 Stat. 1273; Pub. L. 113–271, § 1(1), Dec. 18, 2014, 128 Stat. 2951; Pub. L. 114–71, § 5, Oct. 16, 2015, 129 Stat. 565; Pub. L. 116–94, div. J, title VIII, § 808, Dec. 20, 2019, 133 Stat. 3079; Pub. L. 117–181, § 2(a), Sept. 30, 2022, 136 Stat. 2177.)
§ 6435a. Standards of conduct and disclosure
(a) Cooperation with nongovernmental organizations, the Department of State, and Congress
(b) Conflict of interest and antinepotism
(1) Member affiliations
(2) Staff compensation
(3) Exception
(A) In general
(B) Limitation
(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
1 So in original. The comma probably should follow “member”.
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 Commission is an officer, trustee, partner, director, or employee.
(c) Contract authority
(1) In general
(2) Expert study
(d) Gifts
(1) In general
(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
(f) Commission records
(g) Official email for commission business
(Pub. L. 105–292, title II, § 208, as added Pub. L. 106–55, § 1(b)(5), Aug. 17, 1999, 113 Stat. 403; amended Pub. L. 107–228, div. A, title VI, § 681(f), Sept. 30, 2002, 116 Stat. 1409; Pub. L. 112–75, § 5, Dec. 23, 2011, 125 Stat. 1273; Pub. L. 116–94, div. J, title VIII, § 809, Dec. 20, 2019, 133 Stat. 3079.)
§ 6436. Termination
The Commission shall terminate on September 30, 2024.
(Pub. L. 105–292, title II, § 209, formerly § 206, Oct. 27, 1998, 112 Stat. 2800; renumbered § 209 and amended Pub. L. 106–55, § 1(b)(2), (c), Aug. 17, 1999, 113 Stat. 401, 405; Pub. L. 107–228, div. A, title VI, § 681(g), Sept. 30, 2002, 116 Stat. 1409; Pub. L. 112–75, § 6, Dec. 23, 2011, 125 Stat. 1273; Pub. L. 113–271, § 1(2), Dec. 18, 2014, 128 Stat. 2951; Pub. L. 114–71, § 3, Oct. 16, 2015, 129 Stat. 563; Pub. L. 116–94, div. J, title VIII, § 802, Dec. 20, 2019, 133 Stat. 3076; Pub. L. 117–181, § 2(b), Sept. 30, 2022, 136 Stat. 2177.)