[Congressional Record Volume 160, Number 121 (Wednesday, July 30, 2014)]
[Senate]
[Pages S5143-S5145]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN:
  S. 2711. A bill to reauthorize the United States Commission on 
International Religious Freedom, and for other purposes; to the 
Committee on Foreign Relations.
  Mr. DURBIN. Mr. President, today I am introducing the United States 
Commission on International Religious Freedom, USCIRF, Reform and 
Reauthorization Act of 2014.
  This legislation would reauthorize the U.S. Commission on 
International Religious Freedom, also known as USCIRF, while making 
important reforms to the Commission to encourage bipartisanship, 
enhance coordination with the State Department, and improve 
Congressional oversight.
  I strongly support USCIRF's mission of promoting and protecting 
international religious freedom. My legislation will help USCIRF to 
more effectively pursue this mission.
  In 2011, I authored a number of reforms in the previous USCIRF 
reauthorization legislation, including term limits for Commissioners; a 
prohibition on employee discrimination; a requirement that 
Commissioners follow federal travel regulations; and maintaining nine 
Commissioners, rather than five Commissioners, as called for by the 
House-passed reauthorization. I have heard from USCIRF that these 
reforms have strengthened the Commission, and the legislation I am 
introducing today will build on these reforms.
  The USCIRF Reform and Reauthorization Act is supported by a broad 
swath of religious and civic leaders and faith organizations, 
including, Catholics in Alliance for the Common Good; the Evangelical 
Lutheran Church of America; United Methodist Church, General Board of 
Church and Society; HIAS; Muslim Public Affairs Council; Cardinal 
Theodore E. McCarrick, Archbishop Emeritus of Washington and former 
USCIRF Commissioner; Dr. William J. Shaw, Immediate Past President of 
the National Baptist Convention, USA. Inc. and former USCIRF 
Commissioner; former Congressman and USCIRF Commissioner Sam Gejdenson; 
Sister Simone Campbell, Executive Director of NETWORK, A National 
Catholic Social Justice Lobby; Rateb Rabie, President of the Holy Land 
Christian Ecumenical Foundation; Dr. Azizah Al-Hibri, former USCIRF 
Commissioner and Founder and Chair of KARAMAH: Muslim Women Lawyers for 
Human Rights; Rev. Drew Christiansen, S.J., Distinguished Professor of 
Ethics and Global Development at Georgetown University; Dr. Alfred 
Rotondaro, Senior Fellow at the Center for American Progress; Dr. Laila 
Al-Marayati, former USCIRF Commissioner; and Benjamin Palumbo, Board of 
Trustees, Catholics United.
  There is bipartisan agreement about the need for our government to 
promote and protect international religious freedom. USCIRF is, by 
design, a bipartisan organization, with Commissioners appointed by the 
President and Congressional leaders, and USCIRF can most effectively 
promote religious freedom by doing so on a bipartisan basis. This issue 
is too important to be stymied by the excessive partisanship which too 
often leads to political gridlock in Washington.
  It is to be expected that the members of a bipartisan Commission will 
not always reach consensus. However, I am troubled that some 
Commissioners have on occasion engaged in partisan rhetoric that is not 
conducive to USCIRF's bipartisan mission and does not represent 
USCIRF's official views.
  For example, one Commissioner recently appeared on Fox News' Hannity 
program, and, after identifying himself as a member of USCIRF, claimed 
that former Secretary of State Hillary Clinton had failed to take steps 
to combat Boko Haram in Nigeria and accused the Obama Administration of 
having ``no strategy'' for combating terrorism. Mother Commissioner 
testified in Congress on behalf of USCIRF and said that the Obama 
Administration ``sends a message to other countries that we don't 
care'' about religious freedom.
  The USCIRF Reform and Reauthorization Act will facilitate 
bipartisanship by taking a number of steps. First, the legislation will 
codify USCIRF's existing procedures for the election of a Chair and 
Vice Chair so that these positions rotate annually between 
Commissioners appointed by elected officials of each political party. 
This will help ensure continued bipartisan leadership at the 
Commission.
  Second, this bill will establish a dedicated bipartisan staff as a 
complement to nonpartisan professional staff. The legislation permits 
Commissioners appointed by elected officials of each political party to 
appoint designated Staff Directors and three designated staff members. 
This will help foster a bipartisan environment at USCIRF.
  Third, the bill will codify procedures for publishing the views of 
the Commission. The bill encourages Commissioners to reach consensus on 
statements on behalf of the Commission. When consensus is not possible, 
the bill requires a statement to be approved by at least six of the 
nine Commissioners. This supermajority requirement is current USCIRF 
policy for the approval of statements that are circulated 
electronically. Codifying this policy will ensure that at least one 
Commissioner of each political party supports every Commission 
statement.
  USCIRF has noted that it is the only organization of its kind in the 
world. The Government Accountability Office, GAO, recently issued a 
report on USCIRF which highlights some of the challenges inherent to 
USCIRF's unique mission.
  The GAO notes that there are two governmental entities charged with 
promoting international religious freedom: USCIRF and the State 
Department's Office of International Religious Freedom. The GAO found 
that these overlapping missions and ``the lack of a definition 
regarding how State and the Commission are to interact has sometimes 
created foreign policy tensions that State has had to mitigate.'' The 
GAO notes that State Department officials highlighted several instances 
``when the Commission's approach with foreign government officials 
created bilateral tensions.''
  The GAO's concerns about the overlap between State and USCIRF are 
serious enough that it included USCIRF in its annual duplication 
report. As my colleagues know, Senator Coburn authored legislation 
requiring GAO to issue this report to identify unnecessary duplication 
in the federal government.
  I am concerned that the lack of coordination between the State 
Department and USCIRF may undermine our government's efforts to promote 
international religious freedom by sending mixed messages to foreign 
governments and human-rights activists who are fighting to defend 
religious freedom in their countries.
  Consider another example. The State Department and USCIRF both 
produce an annual report on international religious freedom. Under 
current law, USCIRF is required to publish its report ``[n]ot later 
than May 1 of each year,'' but the State Department's report is often 
not completed before May 1. This forces USCIRF to issue its report 
prior to publication of the State Department report, which leads to 
unnecessary duplication of efforts, saps USCIRF's limited staff 
resources, and prevents USCIRF from opining on the State Department 
report.
  The USCIRF Reform and Reauthorization Act will enhance cooperation 
between USCIRF and the State Department with two measures. First, it 
clarifies that the Ambassador at Large for International Religious 
Freedom, as an ex officio member of USCIRF, is permitted to attend all 
Commission meetings. GAO's duplication report specifically highlights 
the failure to define the role of the Ambassador at Large as an ex 
officio member of USCIRF.
  Second, this legislation requires USCIRF to publish its annual report 
after reviewing the State Department's annual report on International 
Religious Freedom. This division of labor takes advantage of the State 
Department's worldwide presence and much larger staff to draft a 
comprehensive report. It also takes advantage of

[[Page S5144]]

USCIRF's unique role to provide an independent and bipartisan 
commentary on the State Department report.
  USCIRF is a part of the legislative branch and it is ultimately the 
responsibility of Congress to oversee USCIRF's work and ensure that it 
is effectively pursuing its mission. The need for greater Congressional 
oversight of USCIRF has been highlighted by concerns about USCIRF's 
practices, including, for example, the work environment at USCIRF for 
religious minorities, particularly prior to the 2011 reauthorization.
  In the past, human rights advocates made allegations about financial 
improprieties at USCIRF, particularly that USCIRF Commissioners had 
made lavish travel arrangements. As a result, in 2011 I authored a 
provision clarifying that USCIRF Commissioners are subject to Federal 
travel regulations.
  I was troubled to learn about more allegations of financial 
irregularities at USCIRF only a few weeks after the last 
reauthorization. In early 2012, USCIRF staff notified my office that 
USCIRF's office manager had been involved in embezzlement and fraud for 
several years. The office manager subsequently pled guilty and was 
sentenced to 20 months in prison for embezzling $217,000 from 2007-
2011. This is a significant amount of taxpayer money in any 
circumstance, but particularly for a small organization like USCIRF.
  I am also concerned about unresolved claims that USCIRF, an 
organization charged with protecting religious freedom, discriminated 
against a former employee on the basis of her religion.
  In 2011, I included language in the last USCIRF reauthorization 
providing anti-discrimination protections to USCIRF employees and 
allowing pending civil rights claims to proceed. The impetus for this 
provision was a lawsuit filed by a former USCIRF employee, who claimed 
that her permanent employment offer was rescinded after the 
Commissioners learned of her prior job with a Muslim civil rights 
organization. USCIRF did not deny the discrimination claim. Instead, 
they argued that USCIRF employees do not have federal civil rights 
protections.
  Unfortunately, the lawsuit is still pending. I understand that 
USCIRF's lawyers have refused to enter into settlement negotiations 
with the Commission's former employee and instead are aggressively 
litigating the case.
  As Christianity Today said, ``the trial will be one of the most 
ironic in American history, with the congressional commission charged 
with monitoring religious freedom around the world defending its own 
employment practices in court.''
  In light of these concerns, the USCIRF Reform and Reauthorization Act 
would improve Congressional oversight by reauthorizing the Commission 
for two years. A 2-year reauthorization period will allow the 
Commission to continue to pursue its important mission while Congress 
closely monitors USCIRF's activities to assure the reforms in this 
legislation are fully implemented.
  I strongly support the mission of the U.S. Commission on 
International Religious Freedom to protect and promote international 
religious freedom. I believe the reforms in my legislation will help 
USCIRF more effectively pursue this mission.
  I urge my colleagues to support the USCIRF Reform and Reauthorization 
Act so that USCIRF can quickly be reauthorized with these important 
reforms.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2711

       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 ``United States Commission on 
     International Religious Freedom Reform and Reauthorization 
     Act of 2014''.

     SEC. 2. ESTABLISHMENT AND COMPOSITION.

       (a) Leadership.--Subsection (d) of section 201 of the 
     International Religious Freedom Act of 1998 (22 U.S.C. 
     6431(d)) is amended to read as follows:
       ``(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 and Vice Chair of the Commission, subject to the 
     following requirements:
       ``(1) Initial elections.--At the first meeting of the 
     Commission after May 30, 2015, the Members of the Commission 
     shall elect as Chair a Commissioner appointed by an elected 
     official of the political party that is not the political 
     party of the President, and as Vice Chair a Commissioner 
     appointed by an elected official of the political party of 
     the President.
       ``(2) Future elections.--At the first meeting of the 
     Commission after May 30, 2016, the Members of the Commission 
     shall elect as Chair a Commissioner appointed by an elected 
     official of the political party of the President, and as Vice 
     Chair a Commissioner appointed by an elected official of the 
     political party that is not the political party of the 
     President. Thereafter, positions of Chair and Vice Chair 
     shall continue to rotate on an annual basis between 
     Commissioners appointed by elected officials of each 
     political party.
       ``(3) Term limits.--No Member of the Commission is eligible 
     to be elected as Chair of the Commission for a second term, 
     and no Member of the Commission is eligible to be elected as 
     Vice Chair of the Commission for a second term.''.
       (b) Attendance at Meetings of Ambassador at Large for 
     International Religious Freedom.--Subsection (f) of such 
     section (22 U.S.C. 6431(f)) is amended by adding at the end 
     the following: ``The Ambassador at Large shall be given 
     advance notice of all Commission meetings and may attend all 
     Commission meetings as a non-voting Member of the 
     Commission.''.
       (c) Appointments in Cases of Vacancies.--Subsection (g) of 
     such section (22 U.S.C. 6431(g)) is amended by striking the 
     second sentence.

     SEC. 3. POWERS OF THE COMMISSION.

       Section 203(e) of the International Religious Freedom Act 
     of 1998 (22 U.S.C. 6432a) is amended to read as follows:
       ``(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. Members of the 
     Commission shall make every effort to reach consensus on all 
     statements on behalf of the Commission, including testimony, 
     press releases, and articles by Commissioners or Commission 
     staff. When a statement supported by all Commissioners is not 
     possible, the Commission shall issue a statement only if such 
     statement is approved by an affirmative vote of at least six 
     of the nine Members of the Commission and each Member of the 
     Commission may include the individual or dissenting views of 
     the Member. 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.''.

     SEC. 4. COMMISSION PERSONNEL MATTERS.

       (a) Staff Directors.--Section 204 of the International 
     Religious Freedom Act of 1998 (22 U.S.C. 6432b) is amended by 
     striking subsections (a), (b), and (c) and inserting the 
     following new subsections:
       ``(a) Committee Functions.--Subject to subsection (c), the 
     Commission may appoint and fix the pay of such staff 
     personnel as it deems desirable. All decisions pertaining to 
     the hiring, firing, and fixing of pay of personnel of the 
     Commission shall be by an affirmative vote of at least six of 
     the nine Members of the Commission, except that--
       ``(1) Members of the Commission appointed by an elected 
     official of the political party of the President, by a 
     majority vote thereof, shall be entitled to appoint, 
     terminate, and fix the pay of a Majority Staff Director and 
     shall have the authority to appoint, terminate, and fix the 
     pay of three professional staff members who shall be 
     responsible to the Members of the Commission of the political 
     party of the President; and
       ``(2) Members of the Commission appointed by an elected 
     official of the political party that is not the political 
     party of the President, by a majority vote thereof, shall be 
     entitled to appoint, terminate, and fix the pay of a Minority 
     Staff Director and shall have the authority to appoint, 
     terminate, and fix the pay of three professional staff 
     members who shall be responsible to the Members of the 
     Commission of the political party that is not the political 
     party of the President.
       ``(b) Staff Appointments and Compensation.--All staff 
     appointments shall be made 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 Majority Staff 
     Director, Minority Staff Director, and other personnel may 
     not exceed the rate payable for level V of the Executive 
     Schedule under section 5316 of such title.
       ``(c) Qualifications of Professional Staff.--The Commission 
     shall ensure that the professional staff of the Commission 
     consists of persons with expertise in areas relevant to the 
     issue of international religious freedom, including foreign 
     affairs, direct experience abroad, human rights, and 
     international law.''.
       (b) Conforming Amendments.--Subsection (e) of such section 
     (22 U.S.C. 6432b(e)) is amended by striking ``The Executive 
     Director'' both places it appears and inserting ``The 
     Majority Staff Director and the Minority Staff Director''.

[[Page S5145]]

     SEC. 5. REPORT OF COMMISSION.

       (a) Report Publication Date.--Section 205(a) of the 
     International Religious Freedom Act of 1998 (22 U.S.C. 
     6433(a)) is amended by striking ``Not later than May 1 of 
     each year'' and inserting ``Each year, not earlier than 30 
     days after, and not later than 90 days after, the publication 
     of the Department of State's Annual Report on International 
     Religious Freedom''.
       (b) Consensus on Reports.--Section 205(c) of the 
     International Religious Freedom Act of 1998 (22 U.S.C. 
     6433(c)) is amended to read as follows:
       ``(c) Individual or Dissenting Views.--Members of the 
     Commission shall make every effort to reach consensus on the 
     report. When a report supported by all Commissioners is not 
     possible, the report shall be approved by an affirmative vote 
     of at least six of the nine Members of the Commission and 
     each Member of the Commission may include the individual or 
     dissenting views of the Member.''.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       Section 207(a) of the International Religious Freedom Act 
     of 1998 (22 U.S.C. 6435(a)) is amended by striking ``2014'' 
     and inserting ``2016''.

     SEC. 7. TERMINATION.

       Section 209 of the International Religious Freedom Act of 
     1998 (22 U.S.C. 6436) is amended by striking ``September 30, 
     2014'' and inserting ``September 30, 2016''.
                                 ______