§6431 Establishment and Composition

Summary

Creates the United States Commission on International Religious Freedom. The panel includes the Ambassador at Large as a nonvoting member and nine citizens who are not paid federal officers. The President picks three members. The President pro tempore of the Senate picks three, with two chosen on the recommendation of the Senate leader of the party not the President and one on the recommendation of the other Senate leader. The Speaker of the House picks three, with the same two-and-one recommendation split from House leaders. Members must be respected people with knowledge in areas like foreign affairs, time abroad, human rights, or international law. Those appointments had to be made not later than 120 days after October 27, 1998. Each member’s term is 2 years, and no one may serve more than two terms. For members serving on December 23, 2011 who had already completed at least two full terms, their term ended 90 days after that date. Appointments made between May 15, 2003 and May 14, 2005 were set so some members served 1-year terms and some 2-year terms to stagger turnover; 1-year terms ran from May 15, 2003 to May 14, 2004 regardless of appointment date. A member who attends less than 75 percent of meetings in a term cannot be reappointed. At the first meeting after May 30 each year, a majority present and voting elect a Chair and Vice Chair. The Vice Chair must have been appointed by an officeholder of a different political party than the officeholder who appointed the Chair, and the two posts rotate yearly between members appointed by different parties. Six voting members make a quorum. The Commission meets each year within 15 days after the International Religious Freedom Report is issued, and otherwise when the Chair calls a meeting or when six voting members call one if there is no Chair. Vacancies do not stop the Commission from working and are filled the same way the original appointment was made; a member may stay on after a term ends until a successor takes office. The General Services Administrator gives administrative support on a reimbursable or nonreimbursable basis. Members may be paid travel expenses and per diem under the rules in subchapter I of chapter 57 of title 5 and must follow chapters 300–304 of title 41, Code of Federal Regulations, and the Department of State Standardized Regulations. If a Member is personally found to have committed unlawful harassment, intimidation, reprisal, or discrimination and a payment is made under 2 U.S.C. 1415(a) for that claim, the Member must be removed.