§ 6431. Establishment and composition

Footnotes

1. 1 So in original. Probably should not be capitalized.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1998

   International Religious Freedom Act of 1998

   Pub. L. 105–292 title II § 201 · 112 Stat. 2787

   Enacted · 22 U.S.C. § 6431

   Pub. L. 105–292, title II, § 201, Oct. 27, 1998, 112 Stat. 2797

   Source evidence

   Code source credit
   Pub. L. 105–292, title II, § 201, Oct. 27, 1998, 112 Stat. 2797

   Enacted provision · exact public law section
   SEC. 201. 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 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 the date of the enactment of this Act. (c) Terms.— The term of office of each member of the Commission shall be 2 years. Members of the Commission shall be eligible for reappointment to a second term. (d) Election of Chair.— At the first meeting of the Commission in each calendar 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. (h) Administrative Support.— 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. (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, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.

2. 1999

   Pub. L. 106–55 § 1(a)(2) · 113 Stat. 401

   Inserted · 22 U.S.C. § 6431

   Pub. L. 106–55, § 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

   Source evidence

   Code amendment note
   Pub. L. 106–55, § 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.

   Enacted provision · exact public law section
   (2) by inserting after the first sentence the following new sentences: “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.”; and

3. 1999

   Pub. L. 106–55 § 2(b) · 113 Stat. 401

   Substituted · 22 U.S.C. § 6431(b)(1)(B)(iii)

   Pub. L. 106–55, § 2(b), substituted “Three” for “three”

   Source evidence

   Code amendment note
   Subsec. (b)(1)(B)(iii). Pub. L. 106–55, § 2(b), substituted “Three” for “three”.

   Enacted provision · exact public law section
   (b) Clerical Correction.— Section 201(b)(l)(B)(iii) of the International Religious Freedom Act of 1998 (22 U.S.C. 6431(b)(l)(B)(iii)) is amended by striking .“three”; and inserting “Three”.

4. 1999

   Pub. L. 106–55 § 1(a)(1) · 113 Stat. 401

   1. Amended · 22 U.S.C. § 6431(c)

      Pub. L. 106–55, § 1(a)(1), designated existing provisions as par. (1)

   2. Inserted · 22 U.S.C. § 6431(c)

      Pub. L. 106–55, § 1(a)(1), inserted par. heading

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 106–55, § 1(a)(1), designated existing provisions as par. (1) and inserted par. heading.

   Enacted provision · exact public law section
   (1) in subsection (c)— (A) by striking “The” and inserting “(1) In general.— The”;

5. 1999

   Pub. L. 106–55 § 1(a)(3) · 113 Stat. 401

   Amended · 22 U.S.C. § 6431(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 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.”

   Source evidence

   Code amendment note
   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 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.”

   Enacted provision · exact public law section
   (3) by amending subsection (h) to read as follows: “(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 title.”.

6. 2002

   Foreign Relations Authorization Act, Fiscal Year 2003

   Pub. L. 107–228 § 681(b) · 116 Stat. 1350

   Added · 22 U.S.C. § 6431(c)(2)

   Pub. L. 107–228, § 681(b), added par. (2)

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 107–228, § 681(b), added par. (2).

   Enacted provision · exact public law section
   (b) Establishment of Staggered Terms of Members of Commission.— Section 201(c) of such Act (22 U.S.C. 6431(c)) is amended by adding after paragraph (1) the following new paragraph: “(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 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), 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), 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.”.

7. 2002

   Foreign Relations Authorization Act, Fiscal Year 2003

   Pub. L. 107–228 § 681(c) · 116 Stat. 1350

   Substituted · 22 U.S.C. § 6431(d)

   Pub. L. 107–228, § 681(c), substituted “after May 30 of each” for “in each calendar”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 107–228, § 681(c), substituted “after May 30 of each” for “in each calendar”.

   Enacted provision · exact public law section
   (c) Election of Chair of Commission.— Section 201(d) of such Act (22 U.S.C. 6431(d)) is amended by striking “in each calendar” and inserting “after May 30 of each”.

8. 2002

   Foreign Relations Authorization Act, Fiscal Year 2003

   Pub. L. 107–228 § 681(d) · 116 Stat. 1350

   Inserted · 22 U.S.C. § 6431(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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (d) Vacancies.— Section 201(g) of such Act (22 U.S.C. 6431(g)) is amended by adding at the end the following: “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.”.

9. 2011

   United States Commission on International Religious Freedom Reform and Reauthorization Act of 2011

   Pub. L. 112–75 § 2(a)(1) · 125 Stat. 1272

   1. Added · 22 U.S.C. § 6431(c)(1)

      Pub. L. 112–75, § 2(a)(1), added par. (1)

   2. Struck · 22 U.S.C. § 6431(c)(1)

      Pub. L. 112–75, § 2(a)(1), 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 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.”

   Source evidence

   Code amendment note
   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 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.”

   Enacted provision · exact public law section
   (1) by striking paragraph (1) and inserting the following: “(1) In general.— The Time period. term of office of each member of the Commission shall be 2 years. An individual, including any member appointed to the Commission prior to the date of the enactment of the United States Commission on International Religious Freedom Reform and Reauthorization Act of 2011, shall not serve more than 2 terms as a member of the Commission under any circumstance. Expiration date. 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 expiration of that member’s term.” ; and

10. 2011

    United States Commission on International Religious Freedom Reform and Reauthorization Act of 2011

    Pub. L. 112–75 § 2(a)(2) · 125 Stat. 1272

    Added · 22 U.S.C. § 6431(c)(3)

    Pub. L. 112–75, § 2(a)(2), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 112–75, § 2(a)(2), added par. (3).

    Enacted provision · exact public law section
    (2) by adding at the end the following new paragraph: “(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 Commission during one of that member’s terms on the Commission, the member shall not be eligible for reappointment to the Commission.” .

11. 2011

    United States Commission on International Religious Freedom Reform and Reauthorization Act of 2011

    Pub. L. 112–75 § 2(b) · 125 Stat. 1272

    Inserted · 22 U.S.C. § 6431(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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (b) Election of Chair.— Section 201(d) of the International Religious Freedom Act of 1998 (22 U.S.C. 6431(d)) is amended by inserting at the end the following: “No member of the Commission is eligible to be elected as Chair of the Commission for a second, consecutive term.”.

12. 2011

    United States Commission on International Religious Freedom Reform and Reauthorization Act of 2011

    Pub. L. 112–75 § 2(c) · 125 Stat. 1272

    Inserted · 22 U.S.C. § 6431(i)

    Pub. L. 112–75, § 2(c), inserted at end “Members of the Commission are subject to the requirements 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 concerning the mode of travel, lodging and per diem expenditures, reimbursement payments, and expense reporting and documentation requirements.”

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 112–75, § 2(c), inserted at end “Members of the Commission are subject to the requirements 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 concerning the mode of travel, lodging and per diem expenditures, reimbursement payments, and expense reporting and documentation requirements.”

    Enacted provision · exact public law section
    (c) Application of Federal Travel Regulation and Department of State Standardized Regulations to the Commission.— Section 201(i) of the International Religious Freedom Act of 1998 (22 U.S.C. 6431(i)) is amended by adding at the end the following: “Members of the Commission are subject to the requirements 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 concerning the mode of travel, lodging and per diem expenditures, reimbursement payments, and expense reporting and documentation requirements.”.

13. 2019

    Brand USA Extension Act

    Pub. L. 116–94 § 803(1) · 133 Stat. 2534

    Struck · 22 U.S.C. § 6431(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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (1) in paragraph (2), by striking “$500,000” and inserting “$450,000”; and

14. 2019

    Brand USA Extension Act

    Pub. L. 116–94 § 803(2) · 133 Stat. 2534

    Amended · 22 U.S.C. § 6431(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 Commission 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.”

    Source evidence

    Code amendment note
    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 Commission 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.”

    Enacted provision · exact public law section
    (2) in paragraph (3)— (A) by redesignating subparagraph (I) as subparagraph (K); (B) in subparagraph (H)(iii), by striking “and” at the end; and (C) by inserting after subparagraph (H)(iii) the following: “(I) a list of countries the Corporation identifies as emerging markets for tourism to the United States; “(J) a description of the efforts the Corporation has made to promote tourism to rural areas of the United States; and” .

15. 2019

    Brand USA Extension Act

    Pub. L. 116–94 § 803(3) · 133 Stat. 2534

    Substituted · 22 U.S.C. § 6431(f)

    Pub. L. 116–94, § 803(3), substituted “International Religious Freedom Report” for “Country Report on Human Rights Practices”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 116–94, § 803(3), substituted “International Religious Freedom Report” for “Country Report on Human Rights Practices”.

    Enacted provision · exact public law section
    SEC. 803. ACCOUNTABILITY MEASURES.   Subsection (c) of the Travel Promotion Act of 2009 (22 U.S.C. 2131(c)) is amended— (1) in paragraph (2), by striking “$500,000” and inserting “$450,000”; and (2) in paragraph (3)— (A) by redesignating subparagraph (I) as subparagraph (K); (B) in subparagraph (H)(iii), by striking “and” at the end; and (C) by inserting after subparagraph (H)(iii) the following: “(I) a list of countries the Corporation identifies as emerging markets for tourism to the United States; “(J) a description of the efforts the Corporation has made to promote tourism to rural areas of the United States; and” .

16. 2019

    Brand USA Extension Act

    Pub. L. 116–94 § 806(a) · 133 Stat. 2534

    Substituted · 22 U.S.C. § 6431(i)

    Pub. L. 116–94, § 806(a), substituted “shall comply with” for “are subject to”

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 116–94, § 806(a), substituted “shall comply with” for “are subject to”.

    Enacted provision · exact public law section
    SEC. 806. ELECTRONIC SYSTEM FOR TRAVEL AUTHORIZATION FEE INCREASE.   Section 217(h)(3)(B)(i)(I) of the Immigration and Nationality Act (8 U.S.C. 1187(h)(3)(B)(i)(I)) is amended by striking “$10” and inserting “$17”.

17. 2019

    Brand USA Extension Act

    Pub. L. 116–94 § 803(4) · 133 Stat. 2534

    Added · 22 U.S.C. § 6431(j)

    Pub. L. 116–94, § 803(4), added subsec. (j)

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 116–94, § 803(4), added subsec. (j).

    Enacted provision · exact public law section
    SEC. 803. ACCOUNTABILITY MEASURES.   Subsection (c) of the Travel Promotion Act of 2009 (22 U.S.C. 2131(c)) is amended— (1) in paragraph (2), by striking “$500,000” and inserting “$450,000”; and (2) in paragraph (3)— (A) by redesignating subparagraph (I) as subparagraph (K); (B) in subparagraph (H)(iii), by striking “and” at the end; and (C) by inserting after subparagraph (H)(iii) the following: “(I) a list of countries the Corporation identifies as emerging markets for tourism to the United States; “(J) a description of the efforts the Corporation has made to promote tourism to rural areas of the United States; and” .

19 of 19 references resolved to an enrolled provision