[Congressional Record Volume 161, Number 116 (Thursday, July 23, 2015)]
[Senate]
[Pages S5533-S5537]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself and Mr. Leahy):
  S. 1860. A bill to protect and promote international religious 
freedom; to the Committee on the Judiciary.
  Mr. DURBIN. 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. 1860

       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 ``Further Independence of 
     Religion for Security and Tolerance Freedom Act of 2015'' or 
     the ``FIRST Freedom Act''.

     SEC. 2. FINDINGS; SENSE OF CONGRESS.

       (a) Findings.--Congress finds the following:
       (1) Many of our Nation's founders fled religious 
     persecution and placed great importance on religious freedom. 
     President George Washington summed up the prevailing view of 
     our founders when he wrote, in 1793, ``in this Land of equal 
     liberty it is our boast, that a man's religious tenets will 
     not forfeit the protection of the Laws''.
       (2) In 1791, the First Amendment to the Constitution was 
     ratified, enshrining freedom of religion as the ``First 
     Freedom'' of all Americans and becoming an inspiration to 
     people all over the world who struggle to throw off the yoke 
     of religious persecution.
       (3) Throughout our Nation's history, the United States has 
     sought to protect and promote fundamental human rights, 
     including religious freedom, in the United States and 
     throughout the world.
       (4) After World War II, under Eleanor Roosevelt's 
     leadership, the United States spearheaded the ratification of 
     the Universal Declaration of Human Rights, adopted at Paris 
     December 10, 1948, which recognized freedom of religion as a 
     fundamental right of all people. Article 18 of that treaty 
     states ``Everyone has the right to freedom of thought, 
     conscience and religion; this right includes freedom to 
     change his religion or belief, and freedom either alone or in 
     community with others and in public or private, to manifest 
     his religion or belief in teaching, practice, worship and 
     observance.''.
       (5) The International Covenant on Civil and Political 
     Rights, adopted at New York December 16, 1966, and which was 
     ratified by the United States in 1992, states, ``Everyone 
     shall have the right to freedom of thought, conscience and 
     religion. This right shall include freedom to have or to 
     adopt a religion or belief of his choice, and freedom, either 
     individually or in community with others and in public or 
     private, to manifest his religion or belief in worship, 
     observance, practice and teaching.''.
       (6) Since the enactment of the International Religious 
     Freedom Act of 1998 (Public Law 105-292), referred to in this 
     section as ``IRFA'', which established the Department of 
     State's Office on International Religious Freedom, the 
     Ambassador at Large for International Religious Freedom, and 
     the United States Commission on International Religious 
     Freedom (referred to in this section as ``USCIRF''), the 
     state of religious freedom throughout the world has 
     significantly worsened.
       (7) In section 2(a)(4) of IRFA (2 U.S.C. 6401(a)(4)), 
     Congress stated, ``More than one-half of the world's 
     population lives under regimes that severely restrict of 
     prohibit the freedom of their citizens to study, believe, 
     observe, and freely practice the religious faith of their 
     choice.''.
       (8) According to ``Rising Tide of Restrictions on 
     Religion,'' the most recent report of

[[Page S5534]]

     the Pew Research Center's Forum on Religion & Public Life, 
     three-quarters of the world's population lives in countries 
     in which restrictions on religion were high or very high.
       (9) According to the 2014 USCIRF Annual Report, ``The past 
     10 years have seen a worsening of the already-poor religious 
     freedom environment in Pakistan, a continued dearth of 
     religious freedom in Turkmenistan, backsliding in Vietnam, 
     rising violations in Egypt before and after the Arab Spring, 
     and Syria's decent [sic] into sectarian civil war with all 
     sides perpetrating egregious religious freedom violations.''.
       (10) Under section 402 of IRFA (22 U.S.C. 6442), the 
     President is required to designate a country as a country of 
     particular concern (referred to in this section as ``CPC'') 
     if the government of the country has engaged in or tolerated 
     systematic, ongoing and egregious violations of religious 
     freedom.
       (11) According to the 2015 USCIRF Annual Report, since 
     October 1999, when the first countries were designated as 
     CPCs, ``the list has been largely unchanged. Of the nine 
     countries designated as CPCs in July 2014, most had been 
     named as CPCs for over a decade . . . Since IRFA's inception, 
     only one country has been removed from the State Department's 
     CPC list due to diplomatic activity.'' This track record 
     calls into serious question the utility of the CPC mechanism 
     and the utility of IRFA to improve the state of religious 
     freedom throughout the world.
       (12) The United States has a long tradition of providing 
     safe haven to refugees, including members of religious 
     minority groups and those fleeing religious persecution. 
     Following the international community's tragic failure to 
     shelter Jewish refugees fleeing the Nazi genocide, the United 
     States played a leadership role in establishing the 
     international legal regime for the protection of refugees. 
     Since that time, the American people have generously welcomed 
     millions of refugees fleeing war and totalitarian regimes, 
     and the United States traditionally accepts at least 50 
     percent of resettlement cases handled by the Office of the 
     United Nations High Commissioner for Refugees (referred to in 
     this section as ``UNHCR'').
       (13) According to the 2014 UNHCR Global Trends Report, more 
     than 59,500,000 people were forcibly displaced in 2014--
       (A) which is equal to 1 displacement for every 122 people 
     worldwide;
       (B) which is the most displacements in a year in recorded 
     history;
       (C) including--
       (i) 38,200,000 individuals who were internally displaced 
     within their own country;
       (ii) 19,500,000 refugees; and
       (iii) 1,800,000 asylum-seekers;
       (D) many of whom were victims of serious human rights 
     violations, including religious persecution; and
       (E) many are whom are members of vulnerable populations, 
     including religious minorities.
       (14) The ongoing conflict in Syria has led to the world's 
     worst ongoing humanitarian crisis and worst refugee crisis 
     since World War II. More than 50 percent of Syria's 
     23,000,000 people have been forcibly displaced from their 
     homes and, as of 2015, 20 percent of the world's refugees are 
     Syrians. UNHCR is seeking to resettle 130,000 Syrian refugees 
     during 2015 and 2016, with a particular focus on vulnerable 
     individuals such as religious minorities. Although the United 
     States traditionally accepts at least 50 percent of UNHCR 
     resettlement cases, the United States has only accepted 
     approximately 800 Syrian refugees since the beginning of the 
     Syrian conflict, which is an unacceptably low number.
       (15) There are several steps that would facilitate the 
     efforts of the United States Government to protect and 
     provide safe haven to refugees from religious persecution. 
     The 2015 USCIRF Annual Report recommends that Congress ``work 
     to provide the President with permanent authority to 
     designate as refugees specifically-defined groups based on 
     shared characteristics identifying them as targets for 
     persecution on account of race, religion, nationality, 
     membership in a particular social group, or political 
     opinion''.
       (16) The United States Government has limited tools to hold 
     accountable the perpetrators of religious freedom violations. 
     Section 604 of IRFA added section 212(a)(2)(G) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(G)), 
     which made foreign government officials who commit 
     particularly severe violations of religious freedom 
     inadmissible to the United States, but it has only been 
     applied once, to deny entry to Narendra Modi, who was Chief 
     Minister of Gujarat, India. In its 2015 Annual Report, USCIRF 
     recommends that the State Department: ``Make greater efforts 
     to ensure foreign government officials are denied entry into 
     the United States due to their inadmissibility under U.S. law 
     for their responsibility for religious freedom violations 
     abroad.'' The effectiveness of this law is also limited 
     because it does not apply to non-state actors, such as 
     international terrorists, and it can only be used to deny 
     entry to a perpetrator who has not yet arrived in the United 
     States, not to deport a perpetrator who has already entered 
     the country.
       (17) In the 2015 USCIRF Annual Report, USCIRF recommended 
     that the United States Government ``should call for or 
     support a referral by the UN Security Council to the 
     International Criminal Court to investigate ISIL violations 
     in Iraq and Syria against religious and ethnic minorities, 
     following the models used in Sudan and Libya, or encourage 
     the Iraqi government to accept ICC jurisdiction to 
     investigate ISIL violations in Iraq after June 2014''. Given 
     the weakness of the international criminal justice system, 
     particularly that an ICC referral is subject to a UN Security 
     Council veto, the United States Government should have the 
     ability to prosecute members of ISIL in United States courts 
     for crimes against humanity, including religious persecution.
       (18) Under United States law, it is a crime for a non-
     United States national to commit genocide, torture, 
     terrorism, or several other violations of the law of nations, 
     but it is not a crime under United States law to commit 
     crimes against humanity, including religious persecution. 
     Since the United States Government is unable to prosecute 
     perpetrators of these crimes, many foreign war criminals have 
     found safe haven in this country.
       (19) In 2006, the United States Government learned that 
     Marko Boskic, a man who participated in the Srebrenica 
     massacre in the Bosnian conflict, was living in 
     Massachusetts. Rather than charging him with crimes against 
     humanity, or religious persecution, Mr. Boskic was charged 
     with visa fraud and sentenced to only 5 years in prison.
       (20) There is bipartisan agreement about the need for the 
     United States Government to promote and protect international 
     human rights, including religious freedom. USCIRF is, by 
     design, a bipartisan organization, with Commissioners 
     appointed by the President and Congressional leaders. USCIRF 
     can most effectively promote religious freedom on a 
     bipartisan basis.
       (21) In its 2014 Annual Report entitled ``Additional 
     Opportunities to Reduce Fragmentation, Overlap, and 
     Duplication and Achieve Other Financial Benefits'', which 
     identifies unnecessary duplication in the Federal government, 
     the Government Accountability Office (referred to in this 
     section as ``GAO'')--
       (A) highlighted the lack of coordination and overlapping 
     missions of USCIRF and the Office of International Religious 
     Freedom in the Department of State;
       (B) found that ``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.''; and
       (C) concluded that the lack of coordination between the 
     USCIRF and the Department of State may undermine the efforts 
     of the United States Government 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.
       (22) Congress, which is responsible for overseeing the work 
     of USCIRF and ensuring that it is effectively pursuing its 
     mission, should provide greater oversight of USCIRF's 
     practices, including addressing concerns regarding financial 
     irregularities and the work environment for religious 
     minorities.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the protection and promotion of international human 
     rights, including religious freedom, should be an important 
     priority for the United States Government; and
       (2) the United States Government should pursue new 
     strategies for protecting and promoting religious freedom 
     throughout the world, including--
       (A) the creation of new tools--
       (i) to deter and punish the perpetrators of particularly 
     severe violations of religious freedom, including non-state 
     actors; and
       (ii) to protect the victims of such violations; and
       (B) increased diplomatic engagement that does not focus 
     primarily on CPC designations.

     SEC. 3. ENHANCED PROTECTIONS FOR REFUGEES AND ASYLEES FLEEING 
                   RELIGIOUS PERSECUTION.

       (a) Authority to Designate Certain Groups of Refugees for 
     Consideration.--Section 207(c)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1157(c)(1)) is amended--
       (1) by inserting ``(A)'' before ``Subject to the numerical 
     limitations''; and
       (2) by adding at the end the following:
       ``(B)(i) The Secretary of State, in consultation with the 
     Secretary of Homeland Security, may designate specifically 
     defined groups of aliens--
       ``(I) whose resettlement in the United States is justified 
     by humanitarian concerns or is otherwise in the national 
     interest; and
       ``(II) who--
       ``(aa) share common characteristics that identify them as 
     targets of persecution on account of race, religion, 
     nationality, membership in a particular social group, or 
     political opinion; or
       ``(bb) having been identified as targets under item (aa), 
     share a common need for resettlement due to a specific 
     vulnerability.
       ``(ii) An alien who establishes membership in a group 
     designated under clause (i) to the satisfaction of the 
     Secretary of Homeland Security shall be considered a refugee 
     for purposes of admission as a refugee under this section 
     unless the Secretary of Homeland Security determines that 
     such alien ordered, incited, assisted, or otherwise 
     participated in the persecution of any person on account of 
     race, religion, nationality, membership in a particular 
     social group, or political opinion.
       ``(iii) A designation under clause (i) is for purposes of 
     adjudicatory efficiency and may be revoked by the Secretary 
     of State at any time after notification to Congress.

[[Page S5535]]

       ``(iv) Categories of aliens established under section 
     599D(b) of the Foreign Operations, Export Financing, and 
     Related Programs Appropriations Act, 1990 (Public Law 101-
     167; 8 U.S.C. 1157 note)--
       ``(I) shall be designated under clause (i) until the end of 
     the first fiscal year commencing after the date of the 
     enactment of the FIRST Freedom Act; and
       ``(II) shall be eligible for designation thereafter at the 
     discretion of the Secretary of State, considering, among 
     other factors, whether a country under consideration has been 
     designated as a country of particular concern under section 
     402 of International Religious Freedom Act of 1998 (22 U.S.C. 
     6442) for engaging in or tolerating systematic, ongoing, and 
     egregious violations of religious freedom.
       ``(v) A designation under clause (i) shall not influence 
     decisions to grant, to any alien, asylum under section 208, 
     protection under section 241(b)(3), or protection under the 
     Convention Against Torture and Other Cruel, Inhuman or 
     Degrading Treatment or Punishment, done at New York December 
     10, 1984.
       ``(vi) A decision to deny admission under this section to 
     an alien who establishes to the satisfaction of the Secretary 
     of Homeland Security that the alien is a member of a group 
     designated under clause (i) shall--
       ``(I) be in writing; and
       ``(II) state, to the maximum extent feasible, the reason 
     for the denial.
       ``(vii) Refugees admitted pursuant to a designation under 
     clause (i)--
       ``(I) shall be subject to the numerical limitations under 
     subsection (a); and
       ``(II) shall be admissible under this section.''.
       (b) Time Limits for Filing for Asylum.--Section 208(a)(2) 
     of the Immigration and Nationality Act (8 U.S.C. 1158(a)(2)) 
     is amended--
       (1) in subparagraph (A), by inserting ``or the Secretary of 
     Homeland Security'' after ``Attorney General'' both places 
     such term appears;
       (2) by striking subparagraphs (B) and (D);
       (3) by redesignating subparagraph (C) as subparagraph (B);
       (4) in subparagraph (B), as redesignated, by striking 
     ``subparagraph (D)'' and inserting ``subparagraphs (C) and 
     (D)''; and
       (5) by inserting after subparagraph (B), as redesignated, 
     the following:
       ``(C) Changed circumstances.--Notwithstanding subparagraph 
     (B), an application for asylum of an alien may be considered 
     if the alien demonstrates, to the satisfaction of the 
     Attorney General or the Secretary of Homeland Security, the 
     existence of changed circumstances that materially affect the 
     applicant's eligibility for asylum.
       ``(D) Motion to reopen certain meritorious claims.--
     Notwithstanding subparagraph (B) or section 240(c)(7), an 
     alien may file a motion to reopen an asylum claim during the 
     2-year period beginning on the date of the enactment of the 
     FIRST Freedom Act if the alien--
       ``(i) was denied asylum based solely upon a failure to meet 
     the 1-year application filing deadline in effect on the date 
     on which the application was filed;
       ``(ii) was granted withholding of removal pursuant to 
     section 241(b)(3) and has not obtained lawful permanent 
     residence in the United States pursuant to any other 
     provision of law;
       ``(iii) is not subject to the safe third country exception 
     under subparagraph (A) or a bar to asylum under subsection 
     (b)(2) and should not be denied asylum as a matter of 
     discretion; and
       ``(iv) is physically present in the United States when the 
     motion is filed.''.
       (c) Conditions for Granting Asylum.--Section 
     208(b)(1)(B)(i) of the Immigration and Nationality Act (8 
     U.S.C. 1158(b)(1)(B)(i)) is amended by striking ``at least 
     one central reason for persecuting the applicant'' and 
     inserting ``a factor in the applicant's persecution or fear 
     of persecution''.
       (d) Study on the Effect of Expedited Removal and Processing 
     Delays on Asylum Claims.--
       (1) Study.--
       (A) Definitions.--In this paragraph--
       (i) the term ``immigration officer'' means an officer of 
     the Department of Homeland Security performing duties under 
     section 235(b) of the Immigration and Nationality Act (8 
     U.S.C. 1225(b)) with respect to aliens who--

       (I) are apprehended after entering the United States; and
       (II) may be eligible to apply for asylum under section 208 
     or 235 of such Act; and

       (ii) the term ``improper conduct'' means conduct whereby an 
     immigration officer--

       (I) improperly encourages an alien described in clause (i) 
     to withdraw or retract claims for asylum;
       (II) incorrectly fails to refer such an alien for an 
     interview by an immigration officer to determine whether the 
     alien has a credible fear of persecution (as defined in 
     section 235(b)(1)(B)(v) of such Act (8 U.S.C. 
     1225(b)(1)(B)(v)));
       (III) incorrectly removes such an alien to a country in 
     which the alien may be persecuted; or
       (IV) detains such an alien improperly or under 
     inappropriate conditions.

       (B) Authorization.--The United States Commission on 
     International Religious Freedom (referred to in this section 
     as the ``Commission'') is authorized to conduct a study to 
     determine--
       (i) whether immigration officers are engaging in improper 
     conduct; and
       (ii) the impact of delays in interviews by immigration 
     officers and immigration court hearings on asylum claims.
       (2) Report.--Not later than 2 years after the date on which 
     the Commission initiates the study under subsection (a), the 
     Commission shall submit a report containing the results of 
     the study to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on the Judiciary of the Senate;
       (C) the Committee on Foreign Relations of the Senate;
       (D) the Committee on Homeland Security of the House of 
     Representatives;
       (E) the Committee on the Judiciary of the House of 
     Representatives; and
       (F) the Committee on Foreign Affairs of the House of 
     Representatives.
       (3) Staff.--
       (A) From other agencies.--
       (i) Identification.--The Commission may identify employees 
     of the Department of Homeland Security, the Department of 
     Justice, and the Government Accountability Office who have 
     significant expertise and knowledge of refugee and asylum 
     issues.
       (ii) Designation.--At the request of the Commission, the 
     Secretary of Homeland Security, the Attorney General, and the 
     Comptroller General of the United States shall authorize 
     staff identified under subparagraph (A) to assist the 
     Commission in conducting the study under paragraph (1).
       (B) Additional staff.--The Commission may hire additional 
     staff and consultants to conduct the study under paragraph 
     (1).
       (C) Access to proceedings.--
       (i) In general.--Except as provided in clause (ii), the 
     Secretary of Homeland Security and the Attorney General shall 
     provide staff designated under subparagraph (A) or hired 
     under subparagraph (B) with unrestricted access to all stages 
     of all proceedings conducted under section 235(b) of the 
     Immigration and Nationality Act (8 U.S.C. 1225(b)).
       (ii) Exceptions.--The Secretary of Homeland Security and 
     the Attorney General may not permit unrestricted access under 
     clause (i) if--

       (I) the alien subject to a proceeding under such section 
     235(b) objects to such access; or
       (II) the Secretary or Attorney General determines that the 
     security of a particular proceeding would be threatened by 
     such access.

     SEC. 4. ACCOUNTABILITY FOR SEVERE VIOLATIONS OF INTERNATIONAL 
                   RELIGIOUS FREEDOM.

       (a) Particularly Severe Violations of Religious Freedom.--
       (1) Inadmissibility.--Section 212(a)(2)(G) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(G)) is 
     amended to read as follows:
       ``(G) Aliens who have committed particularly severe 
     violations of religious freedom.--Any alien who was 
     responsible for, or directly carried out, at any time, 
     particularly severe violations of religious freedom (as 
     defined in section 3 of the International Religious Freedom 
     Act of 1998 (22 U.S.C. 6402)) is inadmissible.''.
       (2) Removability.--Section 237(a)(4)(E) of the Immigration 
     and Nationality Act (8 U.S.C. 1227(a)(4)(E)) is amended to 
     read as follows:
       ``(E) Aliens who have committed particularly severe 
     violations of religious freedom.--Any alien who was 
     responsible for, or directly carried out, at any time, 
     particularly severe violations of religious freedom (as 
     defined in section 3 of the International Religious Freedom 
     Act of 1998 (22 U.S.C. 6402)) is deportable.''.
       (b) Religious Persecution.--Chapter 118 of title 18, United 
     States Code, is amended by adding at the end the following:

     ``Sec. 2443. Religious persecution

       ``(a) Offense.--Any person who outside the United States 
     commits, or attempts or conspires to commit, religious 
     persecution--
       ``(1) shall be fined under this title, imprisoned for not 
     more than 20 years, or both; and
       ``(2) if the death of any person results from the violation 
     of this subsection, shall be fined under this title and 
     imprisoned for any term of years or for life.
       ``(b) Jurisdiction.--There is jurisdiction over an offense 
     under subsection (a), and any attempt or conspiracy to commit 
     such an offense, if--
       ``(1) the victim is a United States person;
       ``(2) the offender is a United States person or an alien 
     residing in the United States, regardless of whether the 
     alien is lawfully admitted for permanent residence;
       ``(3) the offender is a stateless person whose habitual 
     residence is in the United States; or
       ``(4) after the conduct required for the offense occurs, 
     the offender is brought into or found in the United States, 
     even if the conduct required for the offense occurs outside 
     the United States.
       ``(c) Definitions.--In this section:
       ``(1) Admission to the united states; alien; immigrant; 
     lawfully admitted for permanent residence; nonimmigrant.--The 
     terms `admission to the United States', `alien', `immigrant', 
     `lawfully admitted for permanent residence', and 
     `nonimmigrant' have the meanings given such terms in section 
     101(a) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)).
       ``(2) Religious persecution.--The term `religious 
     persecution' means conduct that--
       ``(A) is intended--

[[Page S5536]]

       ``(i) to obstruct any person in the free exercise of 
     religious belief or practice; or
       ``(ii) to terrorize or coerce any person because of the 
     actual or perceived religion of any person; and
       ``(B) if the conduct described in subparagraph (A) occurred 
     in the United States or in the special maritime and 
     territorial jurisdiction of the United States, would 
     violate--
       ``(i) section 81 (relating to arson);
       ``(ii) section 1111 (relating to murder);
       ``(iii) section 1201(a) (relating to kidnapping), 
     regardless of whether the offender is the parent of the 
     victim;
       ``(iv) section 1203 (relating to hostage taking), 
     notwithstanding any exception under subsection (b) of such 
     section;
       ``(v) section 1581(a) (relating to peonage);
       ``(vi) section 1583(a)(1) (relating to kidnapping or 
     carrying away individuals for involuntary servitude or 
     slavery);
       ``(vii) section 1584(a) (relating to sale into involuntary 
     servitude);
       ``(viii) section 1589(a) (relating to forced labor);
       ``(ix) section 1590(a) (relating to trafficking with 
     respect to peonage, slavery, involuntary servitude, or forced 
     labor);
       ``(x) section 1591(a) (relating to sex trafficking of 
     children or by force, fraud, or coercion);
       ``(xi) section 2241(a) (relating to aggravated sexual abuse 
     by force or threat);
       ``(xii) section 2242 (relating to sexual abuse); or
       ``(xiii) section 2340A (relating to torture), regardless of 
     whether the offender is acting under color of law.
       ``(3) United states person.--The term `United States 
     person' has the meaning given such term in section 3077.''.
       (c) Statute of Limitations.--Chapter 213 of title 18, 
     United States Code is amended by adding at the end the 
     following:

     ``Sec. 3302. Religious persecution

       ``No person may be prosecuted, tried, or punished for a 
     violation of section 2443 unless the indictment or the 
     information is filed not later than 10 years after the 
     commission of the offense.''.
       (d) Clerical Amendments.--Title 18, United States Code, is 
     amended--
       (1) in the table of sections for chapter 118, by adding at 
     the end the following:

``2443. Religious persecution.''.

       (2) in the table of sections for chapter 213, by adding at 
     the end the following:

``3302. Religious persecution.''.

     SEC. 5. REFORM AND REAUTHORIZATION OF UNITED STATES 
                   COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM.

       (a) Establishment and Composition.--
       (1) Leadership.--Section 201(d) 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, 2016, the members of the Commission 
     shall elect--
       ``(A) as Chair, a member of the Commission who was 
     appointed by an elected official of the political party that 
     is not the political party of the President; and
       ``(B) as Vice Chair, a member of the Commission who was 
     appointed by an elected official of the political party of 
     the President.
       ``(2) Future elections.--
       ``(A) Next election.--At the first meeting of the 
     Commission after May 30, 2017, the members of the Commission 
     shall elect--
       ``(i) as Chair, a member of the Commission who was 
     appointed by an elected official of the political party of 
     the President; and
       ``(ii) as Vice Chair, a member of the Commission who was 
     appointed by an elected official of the political party that 
     is not the political party of the President.
       ``(B) Subsequent elections.--After the election described 
     in subparagraph (A), the positions of Chair and Vice Chair 
     shall continue to rotate on an annual basis between members 
     of the Commission appointed by elected officials of each 
     political party.
       ``(3) Term limits.--No member of the Commission is eligible 
     to be elected as--
       ``(A) Chair of the Commission for a second term; or
       ``(B) Vice Chair of the Commission for a second term.''.
       (2) Attendance at meetings of ambassador at large for 
     international religious freedom.--Section 201(f) of such Act 
     (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 nonvoting member of the 
     Commission.''.
       (3) Appointments in cases of vacancies.--Section 201(g) of 
     such Act (22 U.S.C. 6431(g)) is amended by striking the 
     second sentence.
       (b) Powers of the Commission.--Section 203(e) of the 
     International Religious Freedom Act of 1998 (22 U.S.C. 
     6432a(e)) is amended to read as follows:
       ``(e) Views of the Commission.--
       ``(1) Private speech.--Members of the Commission may speak 
     in their capacity as private citizens. A member of the 
     Commission may be identified as a member of the Commission 
     when making oral or written statements in their private or 
     other professional capacity if the member states clearly that 
     the statement--
       ``(A) is not on behalf of the Commission; and
       ``(B) does not necessarily reflect the views of the 
     Commission.
       ``(2) Official statements.--
       ``(A) Written statements.--All statements on behalf of the 
     Commission shall be issued in writing over the names of the 
     members of the Commission.
       ``(B) Statutory authority.--In its written statements, the 
     Commission shall clearly describe its statutory authority, 
     distinguishing that authority from that of appointed or 
     elected officials of the United States Government. Oral 
     statements of the Commission shall include a similar 
     description, to the extent practicable.
       ``(C) Consensus.--Members of the Commission shall make 
     every effort to reach consensus on all oral or written 
     statements on behalf of the Commission.
       ``(D) Approval.--All views of the Commission on pending 
     legislation or any other matter under the jurisdiction of the 
     Commission shall be approved by an affirmative vote of at 
     least 6 of the 9 members of the Commission. Each member of 
     the Commission may include the individual or dissenting views 
     of the member.
       ``(E) Accuracy.--All oral or written statements by members 
     or staff of the Commission on behalf of the Commission, 
     including testimony, press releases, articles, and public or 
     private correspondence, shall accurately reflect approved 
     views of the Commission in accordance with subparagraph 
     (D).''.
       (c) Commission Personnel Matters.--Section 204 of the 
     International Religious Freedom Act of 1998 (22 U.S.C.6432b) 
     is amended--
       (1) in subsection (a)--
       (A) by striking ``or terminate an Executive Director'' and 
     inserting ``an Executive Director and additional personnel''; 
     and
       (B) by adding at the end the following: ``The decision to 
     terminate an Executive Director and additional personnel 
     shall be made by an affirmative vote of at least 5 of the 9 
     members of the Commission.'';
       (2) by redesignating subsections (b) through (g) as 
     subsections (c) through (h);
       (3) by inserting after subsection (a) the following:
       ``(b) Executive Director.--
       ``(1) Appointment.--Not later than 60 days after the date 
     of the enactment of the FIRST Freedom Act, the Commission 
     shall appoint an Executive Director by an affirmative vote of 
     at least 6 of the 9 members of the Commission.
       ``(2) Term of service.--Each Executive Director--
       ``(A) may serve for a 4-year term; and
       ``(B) may serve an additional, consecutive 4-year term if 
     reappointed by the Commission by an affirmative vote of at 
     least 6 of the 9 members of the Commission.''.
       (4) in subsection (d), as redesignated, by striking ``and 
     the Executive Director'';
       (5) in subsection (g), as redesignated, by striking ``the 
     commission, for the executive director,'' and inserting ``the 
     Commission, for the Executive Director,''; and
       (6) in subsection (h), as redesignated--
       (A) by striking ``For purposes'' and inserting the 
     following:
       ``(1) In general.--For purposes'';
       (B) by inserting ``(including discrimination on the bases 
     of race, color, religion, sex, national origin, age, or 
     disability)'' after ``employment discrimination''; and
       (C) by adding at the end the following:
       ``(2) Treatment of discrimination on basis of sexual 
     orientation or gender identity.--In applying paragraph (1) to 
     rights and protections that pertain to employment 
     discrimination on the basis of sex, and the remedies and 
     procedures available to address alleged violations of such 
     rights and protections, the laws, rules, and regulations that 
     provide such rights and protections to employees whose pay is 
     disbursed by the Secretary of the Senate or the Chief 
     Administrative Officer of the House of Representatives shall 
     be deemed to recognize discrimination on the basis of sexual 
     orientation or gender identity as forms of discrimination on 
     the basis of sex and shall treat such discrimination in the 
     same manner as discrimination on the basis of sex.''.
       (d) Report of Commission.--Section 205 of the International 
     Religious Freedom Act of 1998 (22 U.S.C. 6433) is amended--
       (1) in subsection (a), by striking ``Not later than May 1 
     of each year,'' and inserting ``Each year, between 30 and 90 
     days after the publication of the Department of State's 
     Annual Report on International Religious Freedom,''; and
       (2) by amending subsection (c) to read as follows:
       ``(c) Individual or Dissenting Views.--Members of the 
     Commission shall make every effort to reach consensus on the 
     report under this section. When such consensus is not 
     possible, the report shall be approved by an affirmative vote 
     of at least 6 of the 9 members of the Commission. Each member 
     of the Commission may include the individual or dissenting 
     views of the member in the report.''.
       (e) Applicability of the Freedom of Information Act.--
       (1) Section 206 of the International Religious Freedom Act 
     of 1998 (22 U.S.C. 6434) is amended--
       (A) by inserting ``(a) Federal Advisory Committee Act'' 
     before ``The''; and
       (B) by adding at the end the following:
       ``(b) Freedom of Information Act.--Notwithstanding section 
     551 of title 5, United

[[Page S5537]]

     States Code, the Commission shall be considered to be an 
     agency for purposes of section 552 of such title.''.
       (f) Authorization of Appropriations.--Section 207(a) of the 
     International Religious Freedom Act of 1998 (22 U.S.C. 
     6435(a)) is amended by striking ``2015'' and inserting 
     ``2017''.
       (g) Termination.--Section 209 of the International 
     Religious Freedom Act of 1998 (22 U.S.C. 6436) is amended by 
     striking ``September 30, 2015'' and inserting ``September 30, 
     2017''.

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