I
112th CONGRESS
1st Session
H. R. 1856
IN THE HOUSE OF REPRESENTATIVES
May 11, 2011
Mr. Wolf (for himself and Mr. Smith of New Jersey) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To amend the International Religious Freedom Act of 1998 to strengthen the promotion of religious freedom in United States foreign policy and to reauthorize the United States Commission on International Religious Freedom, and for other purposes.
Short title and table of contents
Short title
This Act may be cited
as the International Religious Freedom Act Amendments of
2011
.
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings; policy.
Sec. 3. Definitions.
Title I—Department of State activities
Sec. 101. Office of International Religious Freedom; Ambassador at Large for International Religious Freedom.
Sec. 102. Reports.
Sec. 103. Training for Foreign Service officers.
Sec. 104. Programs and allocations of funds by United States missions abroad.
Sec. 105. Prisoner lists and issue briefs on religious freedom concerns.
Sec. 106. Interagency report.
Title II—Commission on International Religious Freedom
Sec. 201. Establishment and composition.
Sec. 202. Commission personnel matters.
Sec. 203. Report of the Commission.
Sec. 204. Authorization of appropriations.
Sec. 205. Standards of conduct and disclosure.
Sec. 206. Termination.
Title III—Presidential actions
Sec. 301. Presidential actions in response to violations of religious freedom.
Sec. 302. Presidential actions in response to particularly severe violations of religious freedom.
Sec. 303. Consultations.
Sec. 304. Presidential waiver.
Sec. 305. Termination of Presidential actions.
Title IV—Promotion of religious freedom
Sec. 401. Assistance for promoting religious freedom.
Title V—Miscellaneous provisions
Sec. 501. Report on effectiveness of programs to promote religious freedom.
Findings; policy
Findings
Section 2(a) of the International Religious Freedom Act of 1998 (22 U.S.C. 6401(a)) is amended—
in paragraph (3),
by adding at the end the following: Both America’s history and the
experience of other countries demonstrate that the vigorous protection of
religious freedom is necessary for democracy to endure, and to yield its
social, economic, political, intellectual, and religious benefits to all its
citizens. Contemporary scholarship also demonstrates that the absence of
religious freedom in a country is causally related not only to the persecution
of religious minorities, but also to religious conflict, violence, extremism,
and terrorism, including the kind of terrorism that has reached the American
homeland.
;
in paragraph (4),
by striking one-half
and inserting two-thirds
;
in paragraph (5),
by striking religious persecution
and inserting
persecution
; and
by striking paragraph (7).
Policy
Section 2(b) of the International Religious Freedom Act of 1998 (22 U.S.C. 6401(b)) is amended—
in paragraph (1),
by inserting and nongovernmental organizations
after
other governments
;
in paragraph (2),
by inserting and nongovernmental organizations
after
governments
;
in paragraph (4),
by inserting and nongovernmental organizations
after
foreign governments
; and
in paragraph (5),
by inserting as well as foreign assistance and other programs funded by
the United States Government,
after cultural
channels,
.
Definitions
Section 3(3)(A) of the International
Religious Freedom Act of 1998 (22 U.S.C. 6402) is amended by striking
Committee on International Relations
and inserting
Committee on Foreign Affairs
.
Department of State activities
Office of International Religious Freedom; Ambassador at Large for International Religious Freedom
Establishment of Office
Section 101(a) of the International Religious Freedom Act of 1998 (22 U.S.C. 6411(a)) is amended—
by striking
within the Department of State
and inserting , in the
Office of the Secretary of State,
; and
by adding at the
end the following: The Ambassador at Large shall report directly to the
Secretary of State.
.
Duties
Section 101(c) of the International Religious Freedom Act of 1998 (22 U.S.C. 6411(c)) is amended—
in paragraph (1)—
by striking
responsibility
and inserting
responsibilities
;
by striking
shall be to advance
and inserting the
following:
shall be—
to advance
;
by striking the
period at the end and inserting ; and
; and
by adding at the end the following new subparagraph:
to integrate United States international religious freedom policies and religious engagement programs into democracy and civil society programs funded by the United States and into the counterterrorism policies of United States Government departments and agencies, including the Department of Defense, the Department of State, the Department of Homeland Security, and the Department of the Treasury.
;
in paragraph (2),
by striking a principal advisor
and inserting the
principal advisor
;
in paragraph (3)—
in subparagraph
(A), by striking and
at the end;
in subparagraph
(B), by striking the period at the end and inserting ; and
;
and
by adding at the end the following new subparagraph:
contacts with nongovernmental organizations that have an impact on the state of religious freedom in their respective societies or regions, or internationally.
;
by redesignating paragraph (4) as paragraph (5); and
by inserting after paragraph (3) the following new paragraph:
Coordination responsibilities
The Ambassador at Large shall seek to coordinate all programs, projects, and activities of the United States Government to promote religious freedom and religious engagement abroad, including programs, projects, and activities of the Department of Defense, the Department of State, the Department of Homeland Security, the Department of the Treasury, and the United States Agency for International Development.
.
Funding
Section 101(d) of the International Religious Freedom Act of 1998 (22 U.S.C. 6411(d)) is amended to read as follows:
Funding
The Secretary of State shall provide the Ambassador at Large with such funds as may be necessary for the hiring of individuals to fill at least 15 full-time-equivalent staff positions, including a senior advisor, for the Office, for the conduct of investigations by the Office, and for necessary travel to carry out the provisions of this section. The Secretary of State shall also provide the Ambassador at Large with representational funds equal to that of other Ambassadors at Large in the Department of State.
.
Reports
Status of religious freedom
Section 102(b)(1) of the International Religious Freedom Act of 1998 (22 U.S.C. 6412(b)(1)) is amended in the matter preceding subparagraph (A)—
in the first
sentence, by striking September
and inserting
May
; and
by inserting after the first sentence the
following: Each Annual Report shall be independent and distinct from the
most recent Human Rights Reports and shall be made available to the public in
such a manner.
.
Violations of religious freedom
Section 102(b)(1)(B) of the International
Religious Freedom Act of 1998 (22 U.S.C. 6412(b)(1)(B)) is amended in the
matter preceding clause (i) by inserting whether in matters of private
belief and practice or the peaceful involvement of such groups or members in
the political life of a nation,
after including policies that
discriminate against particular religious groups or members of such
groups,
.
United States policies
Section 102(b)(1)(C) of the International Religious Freedom Act of 1998 (22 U.S.C. 6412(b)(1)(C)) is amended—
by striking
A description
and inserting A comprehensive
description
;
by striking
policies in support
and inserting religious engagement
policies in support
;
by inserting
with respect to each such foreign country
after including
a description
; and
by striking the
period at the end and inserting the following: , and an analysis of the
impact of actions by the United States on the status of religious freedom in
each country. This section of the report should be country-specific and
comprehensive, and should avoid insofar as possible the repetition of standard
phrases and sentences to be employed in every country report.
.
Training for Foreign Service officers
In general
Section 708(a) of the Foreign Service Act of 1980 (22 U.S.C. 4028(a)) is amended—
by striking
The Secretary of State
and inserting (1) The Secretary of
State
;
in paragraph (1) (as added by paragraph (1) of this subsection)—
by striking
other relevant officials, such as
and inserting relevant
officials, including
; and
by inserting
the United States Commission on International Religious Freedom
established under section 201(a) of such Act,
after
1998,
by redesignating the subsequent paragraphs (1) through (3) as subparagraphs (A) through (C), respectively; and
by adding at the end the following new paragraph:
Such training shall, at a minimum, be a separate, independent, and required segment of each of the following:
The A–100 course attended by all Foreign Service Officers.
The courses required of every Foreign Service Officer prior to a posting abroad, each segment to be tailored to the religious demography, status of religious freedom, and United States strategies for advancing religious freedom, in the receiving country.
The courses required of all deputy chiefs of mission and all chiefs of mission.
.
Report
Not later than 90 days after the date of the enactment of this Act, the Secretary of State, with the assistance of the Ambassador at Large for International Religious Freedom appointed under section 101(b) of the International Religious Freedom Act of 1998 (22 U.S.C. 6411(b)) and the Director of the George P. Schultz National Foreign Affairs Training Center and in consultation with the United States Commission on International Religious Freedom established under section 201(a) of the International Religious Freedom Act of 1998 (22 U.S.C. 6431(a)), shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a comprehensive plan for administering training for Foreign Service officers required under section 708 of the Foreign Service Act of 1980 (22 U.S.C. 4028), as amended by subsection (a).
Programs and allocations of funds by United States missions abroad
Section 106 of the International Religious Freedom Act of 1998 (22 U.S.C. 6415) is amended—
in the matter
preceding paragraph (1), by striking It is the sense of Congress
and inserting It is the policy of the United States
; and
in paragraphs (1)
and (2), by striking should
each place it appears and inserting
shall
.
Prisoner lists and issue briefs on religious freedom concerns
Increased advocacy
Section 108(a) of the International Religious Freedom Act of 1998 (22 U.S.C. 6417(a)) is amended—
in the heading, by
striking sense of
congress
and inserting increased
advocacy
;
by striking
it is the sense of Congress that
; and
by striking
should promote
and inserting shall promote
.
Availability of information
Section 108(c) of
the International Religious Freedom Act of 1998 (22 U.S.C. 6417(c)) is amended
by striking , as appropriate,
.
Interagency report
In general
The Secretary of State, in coordination with the heads of other relevant United States Government departments and agencies, including the Department of Defense, the Department of Homeland Security, the Department of the Treasury, and the United States Agency for International Development, shall submit to Congress a report on the best uses of United States foreign assistance to promote religious freedom and religious engagement abroad.
Timing
The report required under subsection (a) shall be issued not later than 6 months after the date on which the first report required under section 102(b) of the International Religious Freedom Act of 1998 (22 U.S.C. 6412(b)) is transmitted to Congress after the date of the enactment of this Act.
Commission on International Religious Freedom
Establishment and composition
Membership
Section 201(b)(1)(B) of the International Religious Freedom Act of 1998 (22 U.S.C. 6431(b)(1)(B)) is amended—
in the matter
preceding clause (i), by striking Nine
and inserting
nine
;
in clause (ii), by
striking President pro tempore
and inserting
leadership
; and
in clause (iii),
by striking Speaker
and inserting
leadership
.
Terms
Section 201(c) of the International Religious Freedom Act of 1998 (22 U.S.C. 6431(c)) is amended—
in paragraph (1)—
in the second
sentence, by striking to a second term
; and
by striking the third and fourth sentences;
in paragraph (2)—
in subparagraph
(A), by striking during the period May 15, 2003, through May 14,
2005,
;
in subparagraph (C)—
in
the heading, by striking president pro tempore
; and
by
striking President pro tempore
each place it appears and
inserting leadership
;
in subparagraph (D)—
in
the heading, by striking speaker
; and
by
striking Speaker
each place it appears and inserting
leadership
; and
in subparagraph (E)—
by
striking 2003
and inserting 2012
; and
by
striking 2004
and inserting 2013
; and
by adding at the end the following new paragraph:
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 the member’s terms on the Commission, the member shall not be eligible for reappointment to the Commission.
.
Election of Chair and Executive Committee
Section 201(d) of the International Religious Freedom Act of 1998 (22 U.S.C. 6431(d)) is amended—
in the heading, by
inserting and executive
committee
after chair
;
by striking
At
and inserting the following: (1)
Chair.—At
;
in paragraph (1),
as designated by paragraph (2) of this subsection, by striking May
30
and inserting May 1
; and
by adding at the end the following new paragraph:
Executive committee
In general
At the first meeting of the Commission after May 1 of each calendar year, a majority of the members of the Commission present and voting shall elect the Executive Committee of the Commission.
Composition
The Executive Committee shall be composed of—
the Chair of the Commission; and
two other members of the Commission appointed under subsection (b)(1)(B), who shall serve as Vice-Chairs of the Commission, and at least one of whom has been appointed under subsection (b)(1)(B) by an official whose political party is not the same political party as the official who appointed the member of the Commission who has been elected the Chair of the Commission.
.
Applicability
A member of the United States Commission on International Religious Freedom who is serving on the Commission on the date of enactment of this Act shall continue to serve on the Commission until the expiration of the current term of the member under the terms and conditions for membership on the Commission as in effect on the day before the date of the enactment of this Act.
Commission personnel matters
Section 204 of the International Religious Freedom Act of 1998 (22 U.S.C. 6432b) is amended—
in subsection (a),
by striking and such other additional personnel
;
in subsection (b), by striking and
other personnel
each place it appears; and
in subsection (c)—
by striking the
first sentence and inserting the following: The Executive Director shall
have the authority to hire Commission staff on the basis of professional and
nonpartisan qualifications and fix their compensation as may be necessary to
enable the Commission to perform its duties and without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions and General Schedule pay
rates, except that the rate of pay for such staff may not exceed the rate
payable for level V of the Executive Schedule under section 5316 of such
title.
; and
by striking the
second sentence and inserting the following: The Executive Director
shall have the authority to terminate Commission staff and shall have such
other authorities as necessary to ensure the effective and efficient operation
of the Commission.
.
Report of the Commission
Section 205(a) of
the International Religious Freedom Act of 1998 (22 U.S.C. 6433(a)) is amended
by striking May
and inserting November
.
Authorization of appropriations
Section 207 of the International Religious Freedom Act of 1998 (22 U.S.C. 6435) is amended—
in subsection (a),
by striking $3,000,000 for the fiscal year 2003
and inserting
$4,300,000 for each of the fiscal years 2012 through 2018
;
and
in subsection (b),
by adding at the end the following: The Commission may use not more than
5 percent of funds made available to carry out this title for a fiscal year for
official reception and representation to help fulfill the purposes for which
the Commission was established.
.
Standards of conduct and disclosure
Section 208 of the International Religious Freedom Act of 1998 (22 U.S.C. 6435a) is amended—
in subsection (c)(1), by striking ,
except that the Commission may not expend more than $100,000 in any fiscal year
to procure such services
; and
in subsection (e),
by striking International Relations
and inserting Foreign
Affairs
.
Termination
Section 209 of the International Religious
Freedom Act of 1998 (22 U.S.C. 6436) is amended by striking September
30, 2011
and inserting September 30, 2018
.
Presidential actions
Presidential actions in response to violations of religious freedom
Section 401(b)(2) of the International Religious Freedom Act of 1998 (22 U.S.C. 6441(b)(2)) is amended to read as follows:
Deadline for actions
Not later than 90 days after the date of the submission of the report required under section 102(b), the President shall take action under any of paragraphs (1) through (15) of section 405(a) (or commensurate action in substitution thereto) with respect to each foreign country the government of which has engaged in or tolerated violations of religious freedom at any time since the date of submission of the report required under section 102(b) for the preceding year, except that in the case of action under any of paragraphs (9) through (15) of section 405(a) (or commensurate action in substitution thereto) the action may only be taken after the President makes a determination that the requirements of sections 403 and 404 have been satisfied.
.
Presidential actions in response to particularly severe violations of religious freedom
Designations of countries of particular concern for religious freedom
Section 402(b) of the International Religious Freedom Act of 1998 (22 U.S.C. 6442(b)) is amended—
in paragraph (1)—
in subparagraph (A)—
by
striking Not later than September 1 of each year
and inserting
Not later than 90 days after the submission of the report required under
section 102(b)
; and
by
striking or since the date
and all that follows through
The President
and inserting and
; and
in subparagraph
(C), by striking September 1 of the respective year
and
inserting the date of submission of the report required under section
102(b)
;
in paragraph (3)—
by striking
Whenever
and inserting the following:
In general
Whenever
;
by striking
as soon as practicable
and inserting not later than 120
days
;
by redesignating the subsequent subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and moving the margins of such clauses 2 ems to the right;
in clause (i), by
striking and
at the end;
in clause (ii), by
striking the period at the end and inserting ; and
; and
by adding at the end the following new clause:
the actions taken, the purposes of the actions taken, and evaluation of the effectiveness of the actions taken.
; and
by adding at the end the following new subparagraphs:
Countries recommended by the Commission
If the President does not designate a country as a country of particular concern for religious freedom under paragraph (1)(A) that the Commission has recommended be so designated, the President shall submit to Congress a report that contains the reasons therefor.
Removal of designation
A country that is designated as a country of particular concern for religious freedom under paragraph (1)(A) shall retain such designation until the President determines and reports to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate that the country should no longer be so designated.
.
Presidential Actions With Respect to Countries of Particular Concern for Religious Freedom
Section 402(c)(5) of the International Religious Freedom Act of 1998 (22 U.S.C. 6442(c)(5)) is amended—
in the second
sentence, by adding at the end before the period the following: and
include a description of the impact of the designation of such sanction or
sanctions
; and
by adding at the
end the following: The President shall submit to the Committee on
Foreign Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate a report explaining why the decision was made that one
or more of such sanctions also satisfy the requirements of this
subsection.
.
Consultations
Section 403(a) of the International
Religious Freedom Act of 1998 (22 U.S.C. 6443(a)) is amended by striking
As soon as practicable
and inserting Not later than 90
days
.
Presidential waiver
Section 407 of the
International Religious Freedom Act of 1998 (22 U.S.C. 6447) is amended by
inserting for a 180-day period
after may
waive
.
Termination of Presidential actions
Section
409 of the International Religious Freedom Act of 1998 (22 U.S.C. 6449) is
amended by striking on the earlier of
and all that follows
through Upon
and inserting upon
.
Promotion of religious freedom
Assistance for promoting religious freedom
Section 501 of the International Religious Freedom Act of 1998 (22 U.S.C. 2151n note) is amended by adding at the end the following new subsection:
Availability of amounts
Of the amounts made available for the Human Rights and Democracy Fund for fiscal years 2012 through 2018, the Secretary of State shall provide to the Office not less than 5 percent of such amounts for each such fiscal year for the promotion of international religious freedom through groups that are able to develop legal protections and promote cultural and societal understanding of international norms of religious freedom.
.
Miscellaneous provisions
Report on effectiveness of programs to promote religious freedom
In general
Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the implementation of this Act and the amendments made by this Act.
Consultation
The Comptroller General shall consult with the appropriate congressional committees and nongovernmental organizations for purposes of preparing the report.
Matters To be included
The report shall include the following:
A review of the effectiveness of all United States Government programs to promote international religious freedom, including their goals and objectives.
An assessment of the roles and functions of the Office on International Religious Freedom established in section 101(a) of the International Religious Freedom Act of 1998 (22 U.S.C. 6411(a)) and the relationship of the Office to other offices in the Department of State.
A review of the role of the Ambassador at Large for International Religious Freedom appointed under section 101(b) of the International Religious Freedom Act of 1998 (22 U.S.C. 6411(b)) and the placement of such position within the Department of State.
A review and assessment of the goals and objectives of the United States Commission on International Religious Freedom established under section 201(a) of the International Religious Freedom Act of 1998 (22 U.S.C. 6431(a)).
A comparative analysis of the structure of the United States Commission on International Religious Freedom as an independent non-partisan entity in relation to other United States advisory commissions, whether or not such commissions are under the direct authority of Congress.
A review of the relationship between the Ambassador at Large for International Religious Freedom and the United States Commission on International Religious Freedom, and possible reforms that would improve the ability of both to reach their goals and objectives.
Definition
In this section, the term appropriate congressional committees has the meaning given the term in section 3 of the International Religious Freedom Act of 1998 (22 U.S.C. 6402).
