TITLE 22 - US CODE - SUBCHAPTER II - COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

22 USC 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:
(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 members term until a successor has taken office. Any member appointed to fill a vacancy occurring before the expiration of the term for which the members 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.
[1] So in original. Probably should not be capitalized.

22 USC 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 
The Commission, in evaluating United States Government policies in response to violations of religious freedom, shall consider and recommend 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, including particularly severe violations of religious freedom, including diplomatic inquiries, diplomatic protest, official public protest demarche of protest, condemnation within multilateral 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 response 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 private 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 increase in certain assistance funds, and invitations for working, official, or state visits.
(d) Effects on religious communities and individuals 
Together with specific policy recommendations provided under subsections (b) and (c) of this section, the Commission shall also indicate its evaluation of the potential effects of such policies, if implemented, on the religious communities and individuals whose rights are found to be violated in the country in question.
(e) Monitoring 
The Commission shall, on an ongoing basis, monitor facts and circumstances of violations of religious freedom, in consultation with independent human rights groups and nongovernmental organizations, including churches and other religious communities, and make such recommendations as may be necessary to the appropriate officials and offices in the United States Government.

22 USC 6432a - Powers of the Commission

(a) Hearings and sessions 
The Commission 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 and receive evidence as the Commission considers advisable to carry out the purposes of this chapter.
(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 procedure, as may be reasonably necessary to enable it to carry out the provisions of this subchapter.
(e) Views of the Commission 
The Members of the Commission 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 statements 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 subchapter. Each trip must be approved by a majority of the Commission. This provision shall not apply to the Ambassador-at-Large, whose travel shall not require approval by the Commission.

22 USC 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 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 compensation of the Executive Director and other personnel without regard to the provisions of chapter 51 and subchapter 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 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 staff 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 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 Commission 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 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 department or agency to the Commission to assist it in carrying out its functions under this subchapter. 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, on 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 obtaining clearances for members of the commission,[1] for the executive[1] director,[1] and for any other personnel.
[1] So in original. Probably should be capitalized.

22 USC 6433 - Report of Commission

(a) In general 
Not later than May 1 of each year, the Commission 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 recommendations, if the classification of information 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 member.

22 USC 6434 - Applicability of other laws

The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.

22 USC 6435 - Authorization of appropriations

(a) In general 
There are authorized to be appropriated to the Commission $3,000,000 for the fiscal year 2003 to carry out the provisions of this subchapter.
(b) Availability of funds 
Amounts authorized to be appropriated under subparagraph (a) of this section are authorized to remain available until expended but not later than the date of termination of the Commission.

22 USC 6435a - Standards of conduct and disclosure

(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 Commissions duties under this subchapter.
(b) Conflict of interest and antinepotism 

(1) Member affiliations 
Except as provided in paragraph (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 affiliated with any member of the Commission, whether in that members direct employ or not. Staff employed by the Commission 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 performed in carrying out the duties of the Commission while employed by the Commission.
(3) Exception 

(A) In general 
Subject to subparagraph (B), paragraph (1) shall not apply to payments made for items such as conference fees or the purchase of periodicals or other similar expenses, if such payments would not cause 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,[1] 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 
Subject to the availability of appropriations, the Commission may contract with and compensate Government agencies or persons for the conduct of activities necessary to the discharge of its functions under this subchapter. Any such person shall be hired without interruption or loss of civil service or Foreign Service status or privilege. The Commission may procure temporary and intermittent services under the authority of section 3109 (b) of title 5, except that the Commission may not expend more than $100,000 in any fiscal year to procure such services.
(2) Expert study 
In the case of a study requested under section 6474 of this title, 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 dispose 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 Commissioners 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 
In addition to providing the reports required under section 6432 of this title, the Commission shall provide, each year no later than January 1, to the Committees on International Relations and Appropriations of the House of Representatives, and to the Committees on Foreign Relations and Appropriations of the Senate, a financial report detailing and identifying its expenditures for the preceding fiscal year.
[1] So in original. The comma probably should follow “member”.

22 USC 6436 - Termination

The Commission shall terminate on September 30, 2011.