[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3108 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 3108

  To establish the Commission on Religious Freedom and Respect in the 
  Armed Forces to assess the freedom of religion and respect for the 
           diversity of spiritual values in the Armed Forces.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 29, 2005

  Mr. Israel (for himself, Mrs. Capps, and Mrs. Davis of California) 
 introduced the following bill; which was referred to the Committee on 
                             Armed Services

_______________________________________________________________________

                                 A BILL


 
  To establish the Commission on Religious Freedom and Respect in the 
  Armed Forces to assess the freedom of religion and respect for the 
           diversity of spiritual values in the Armed Forces.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Religious Freedom and Respect in the 
Armed Forces Commission Act''.

SEC. 2. ESTABLISHMENT.

    There is established a commission to be known as the ``Commission 
on Religious Freedom and Respect in the Armed Forces'' (in this Act 
referred to as the ``Commission'').

SEC. 3. DEFINITION OF RELIGIOUS FREEDOM.

    In this Act, the term ``religious freedom'' means the freedom to 
choose one's religious beliefs, to express such beliefs, and to 
exercise one's religious beliefs, rituals, and traditions, without 
coercion or intimidation.

SEC. 4. DUTIES AND POWERS.

    (a) Duties of the Commission.--The Commission shall conduct a 
review to assess religious freedom, and respect and tolerance for the 
diversity of spiritual values, in the Armed Forces. The review 
conducted by the Commission shall include--
            (1) an examination of the issues of religious freedom and 
        respect for the diversity of spiritual values in the Armed 
        Forces;
            (2) an assessment of the policies, procedures, and 
        responsibilities for the accommodation of religious exercise in 
        the Armed Forces;
            (3) a review of the report titled ``The Report of the 
        Headquarters Review Group Concerning the Religious Climate at 
        the U.S. Air Force Academy'', issued on June 22, 2005; and
            (4) a review of any reports by the Government 
        Accountability Office or an Inspector General, and any 
        recommendations from other governmental or nongovernmental 
        sources, regarding religious freedom and respect for the 
        diversity of spiritual values in the Armed Forces that the 
        Commission considers appropriate.
    (b) Areas of Review.--As part of the review under subsection (a), 
the Commission shall identify and make findings regarding--
            (1) opportunities to clarify guidelines for religious 
        freedom in the Armed Forces;
            (2) areas within the Armed Forces where accommodation of 
        religious freedom can be enhanced and improved; and
            (3) ways to improve and enhance respect and tolerance for 
        the diversity of spiritual values in the Armed Forces.
    (c) Hearings.--The Commission may, for the purpose of carrying out 
this Act, hold hearings, take testimony, and receive evidence as the 
Commission considers appropriate. The Commission may issue subpoenas to 
compel the attendance of witnesses and the production of documents, and 
may administer oaths to witnesses appearing before it.
    (d) Obtaining Official Data.--Subject to sections 552, 552a, and 
552b of title 5, United States Code, the Commission may secure directly 
from any department or agency of the United States information 
necessary to enable it to carry out this Act. Upon request of the 
Chairman of the Commission, the head of that department or agency shall 
furnish the information to the Commission.
    (e) Contracts.--The Commission may contract, as the Commission 
considers appropriate, for the provision of services, facilities, 
studies, and reports that will assist the Commission in carrying out 
its duties, responsibilities, and powers.

SEC. 5. MEMBERSHIP.

    (a) Number and Qualifications.--The Commission shall be composed of 
12 members, appointed from among individuals who are scholars, experts, 
or other individuals with substantial knowledge of or experience in--
            (1) the constitution and church-state relations;
            (2) pastoral care; or
            (3) professional development in the Armed Forces.
    (b) Appointment.--Of the members described under subsection (a)--
            (1) four shall be appointed by the President, not more than 
        2 of whom may be of the same political party;
            (2) two shall be appointed by the Speaker of the House of 
        Representatives;
            (3) two shall be appointed by the minority leader of the 
        House of Representatives;
            (4) two shall be appointed by the majority leader of the 
        Senate; and
            (5) two shall be appointed by the minority leader of the 
        Senate.
    (c) Operations.--
            (1) Appointment.--Members of the Commission shall be 
        appointed not later than 30 days after the date of the 
        enactment of this Act.
            (2) Chairman.--The President shall designate one member of 
        the Commission to serve as Chairman of the Commission.
            (3) Meetings.--
                    (A) Frequency.--The Commission shall meet monthly 
                at the call of the Chairman and at additional times as 
                the Commission considers appropriate.
                    (B) Quorum.--Seven members of the Commission shall 
                constitute a quorum but a lesser number may hold 
                hearings.
            (4) Compensation.--Members of the Commission shall serve 
        without pay, but shall receive travel expenses, including per 
        diem in lieu of subsistence, in accordance with applicable 
        provisions under subchapter I of chapter 57 of title 5, United 
        States Code.
            (5) Professional staff.--The Commission may employ, 
        pursuant to laws and regulations governing the civil service, 
        an executive secretary and any clerical, professional, and 
        technical assistants as may be necessary.
            (6) Terms and vacancies.--Each member shall be appointed 
        for the life of the Commission. A vacancy in the Commission 
        shall be filled in the manner in which the original appointment 
        was made. The appointment of the replacement member shall be 
        made not later than 30 days after the date on which the vacancy 
        occurs.

SEC. 6. REPORT.

    Not later than 6 months after the date of the enactment of this 
Act, the Commission shall submit a report to the President and Congress 
on the Commission's findings. The report shall include the following:
            (1) An assessment of religious freedom, and respect and 
        tolerance for the diversity of spiritual values, in the Armed 
        Forces.
            (2) Recommendations to clarify the right of religious 
        freedom in the Armed Forces and to ensure that the rights of 
        those who engage in religious exercise and expression, as well 
        as those who do not, are respected.
            (3) Recommendations regarding how the Armed Forces can 
        promote and enhance tolerance and respect for the spiritual 
        values of all people.

SEC. 7. TERMINATION OF THE COMMISSION.

    The Commission shall terminate 60 days after the date on which the 
Commission submits the report required under section 6.

SEC. 8. FUNDING.

    Funds for activities of the Commission shall be provided from 
amounts appropriated for the Department of Defense.
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