[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1856 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 1856
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.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``International
Religious Freedom Act Amendments of 2011''.
(b) 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.
SEC. 2. FINDINGS; POLICY.
(a) Findings.--Section 2(a) of the International Religious Freedom
Act of 1998 (22 U.S.C. 6401(a)) is amended--
(1) 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.'';
(2) in paragraph (4), by striking ``one-half'' and
inserting ``two-thirds'';
(3) in paragraph (5), by striking ``religious persecution''
and inserting ``persecution''; and
(4) by striking paragraph (7).
(b) Policy.--Section 2(b) of the International Religious Freedom
Act of 1998 (22 U.S.C. 6401(b)) is amended--
(1) in paragraph (1), by inserting ``and nongovernmental
organizations'' after ``other governments'';
(2) in paragraph (2), by inserting ``and nongovernmental
organizations'' after ``governments'';
(3) in paragraph (4), by inserting ``and nongovernmental
organizations'' after ``foreign governments''; and
(4) in paragraph (5), by inserting ``as well as foreign
assistance and other programs funded by the United States
Government,'' after ``cultural channels,''.
SEC. 3. 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''.
TITLE I--DEPARTMENT OF STATE ACTIVITIES
SEC. 101. OFFICE OF INTERNATIONAL RELIGIOUS FREEDOM; AMBASSADOR AT
LARGE FOR INTERNATIONAL RELIGIOUS FREEDOM.
(a) Establishment of Office.--Section 101(a) of the International
Religious Freedom Act of 1998 (22 U.S.C. 6411(a)) is amended--
(1) by striking ``within the Department of State'' and
inserting ``, in the Office of the Secretary of State,''; and
(2) by adding at the end the following: ``The Ambassador at
Large shall report directly to the Secretary of State.''.
(b) Duties.--Section 101(c) of the International Religious Freedom
Act of 1998 (22 U.S.C. 6411(c)) is amended--
(1) in paragraph (1)--
(A) by striking ``responsibility'' and inserting
``responsibilities'';
(B) by striking ``shall be to advance'' and
inserting the following: ``shall be--
``(A) to advance'';
(C) by striking the period at the end and inserting
``; and''; and
(D) by adding at the end the following new
subparagraph:
``(B) 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.'';
(2) in paragraph (2), by striking ``a principal advisor''
and inserting ``the principal advisor'';
(3) in paragraph (3)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(C) contacts with nongovernmental organizations
that have an impact on the state of religious freedom
in their respective societies or regions, or
internationally.'';
(4) by redesignating paragraph (4) as paragraph (5); and
(5) by inserting after paragraph (3) the following new
paragraph:
``(4) 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.''.
(c) Funding.--Section 101(d) of the International Religious Freedom
Act of 1998 (22 U.S.C. 6411(d)) is amended to read as follows:
``(d) 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.''.
SEC. 102. REPORTS.
(a) 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)--
(1) in the first sentence, by striking ``September'' and
inserting ``May''; and
(2) 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.''.
(b) 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,''.
(c) 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--
(1) by striking ``A description'' and inserting ``A
comprehensive description'';
(2) by striking ``policies in support'' and inserting
``religious engagement policies in support'';
(3) by inserting ``with respect to each such foreign
country'' after ``including a description''; and
(4) 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.''.
SEC. 103. TRAINING FOR FOREIGN SERVICE OFFICERS.
(a) In General.--Section 708(a) of the Foreign Service Act of 1980
(22 U.S.C. 4028(a)) is amended--
(1) by striking ``The Secretary of State'' and inserting
``(1) The Secretary of State'';
(2) in paragraph (1) (as added by paragraph (1) of this
subsection)--
(A) by striking ``other relevant officials, such
as'' and inserting ``relevant officials, including'';
and
(B) by inserting ``the United States Commission on
International Religious Freedom established under
section 201(a) of such Act,'' after ``1998,''
(3) by redesignating the subsequent paragraphs (1) through
(3) as subparagraphs (A) through (C), respectively; and
(4) by adding at the end the following new paragraph:
``(2) Such training shall, at a minimum, be a separate,
independent, and required segment of each of the following:
``(A) The A-100 course attended by all Foreign Service
Officers.
``(B) 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.
``(C) The courses required of all deputy chiefs of mission
and all chiefs of mission.''.
(b) 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).
SEC. 104. 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--
(1) 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
(2) in paragraphs (1) and (2), by striking ``should'' each
place it appears and inserting ``shall''.
SEC. 105. PRISONER LISTS AND ISSUE BRIEFS ON RELIGIOUS FREEDOM
CONCERNS.
(a) Increased Advocacy.--Section 108(a) of the International
Religious Freedom Act of 1998 (22 U.S.C. 6417(a)) is amended--
(1) in the heading, by striking ``Sense of Congress'' and
inserting ``Increased Advocacy'';
(2) by striking ``it is the sense of Congress that''; and
(3) by striking ``should promote'' and inserting ``shall
promote''.
(b) 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,''.
SEC. 106. INTERAGENCY REPORT.
(a) 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.
(b) 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.
TITLE II--COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM
SEC. 201. ESTABLISHMENT AND COMPOSITION.
(a) Membership.--Section 201(b)(1)(B) of the International
Religious Freedom Act of 1998 (22 U.S.C. 6431(b)(1)(B)) is amended--
(1) in the matter preceding clause (i), by striking
``Nine'' and inserting ``nine'';
(2) in clause (ii), by striking ``President pro tempore''
and inserting ``leadership''; and
(3) in clause (iii), by striking ``Speaker'' and inserting
``leadership''.
(b) Terms.--Section 201(c) of the International Religious Freedom
Act of 1998 (22 U.S.C. 6431(c)) is amended--
(1) in paragraph (1)--
(A) in the second sentence, by striking ``to a
second term''; and
(B) by striking the third and fourth sentences;
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``during the
period May 15, 2003, through May 14, 2005,'';
(B) in subparagraph (C)--
(i) in the heading, by striking ``president
pro tempore''; and
(ii) by striking ``President pro tempore''
each place it appears and inserting
``leadership'';
(C) in subparagraph (D)--
(i) in the heading, by striking
``speaker''; and
(ii) by striking ``Speaker'' each place it
appears and inserting ``leadership''; and
(D) in subparagraph (E)--
(i) by striking ``2003'' and inserting
``2012''; and
(ii) by striking ``2004'' and inserting
``2013''; and
(3) 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 the member's terms on the Commission, the
member shall not be eligible for reappointment to the
Commission.''.
(c) 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--
(1) in the heading, by inserting ``and Executive
Committee'' after ``Chair'';
(2) by striking ``At'' and inserting the following: ``(1)
Chair.--At'';
(3) in paragraph (1), as designated by paragraph (2) of
this subsection, by striking ``May 30'' and inserting ``May
1''; and
(4) by adding at the end the following new paragraph:
``(2) Executive committee.--
``(A) 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.
``(B) Composition.--The Executive Committee shall
be composed of--
``(i) the Chair of the Commission; and
``(ii) 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.''.
(d) 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.
SEC. 202. COMMISSION PERSONNEL MATTERS.
Section 204 of the International Religious Freedom Act of 1998 (22
U.S.C. 6432b) is amended--
(1) in subsection (a), by striking ``and such other
additional personnel'';
(2) in subsection (b), by striking ``and other personnel''
each place it appears; and
(3) in subsection (c)--
(A) 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
(B) 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.''.
SEC. 203. 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''.
SEC. 204. AUTHORIZATION OF APPROPRIATIONS.
Section 207 of the International Religious Freedom Act of 1998 (22
U.S.C. 6435) is amended--
(1) 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
(2) 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.''.
SEC. 205. STANDARDS OF CONDUCT AND DISCLOSURE.
Section 208 of the International Religious Freedom Act of 1998 (22
U.S.C. 6435a) is amended--
(1) 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
(2) in subsection (e), by striking ``International
Relations'' and inserting ``Foreign Affairs''.
SEC. 206. 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''.
TITLE III--PRESIDENTIAL ACTIONS
SEC. 301. 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:
``(2) 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.''.
SEC. 302. PRESIDENTIAL ACTIONS IN RESPONSE TO PARTICULARLY SEVERE
VIOLATIONS OF RELIGIOUS FREEDOM.
(a) 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--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) 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
(ii) by striking ``or since the date'' and
all that follows through ``The President'' and
inserting ``and''; and
(B) 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)'';
(2) in paragraph (3)--
(A) by striking ``Whenever'' and inserting the
following:
``(A) In general.--Whenever'';
(B) by striking ``as soon as practicable'' and
inserting ``not later than 120 days'';
(C) 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;
(D) in clause (i), by striking ``and'' at the end;
(E) in clause (ii), by striking the period at the
end and inserting ``; and''; and
(F) by adding at the end the following new clause:
``(iii) the actions taken, the purposes of
the actions taken, and evaluation of the
effectiveness of the actions taken.''; and
(G) by adding at the end the following new
subparagraphs:
``(B) 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.
``(C) 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.''.
(b) 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--
(1) 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
(2) 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.''.
SEC. 303. 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''.
SEC. 304. 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''.
SEC. 305. 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''.
TITLE IV--PROMOTION OF RELIGIOUS FREEDOM
SEC. 401. 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:
``(c) 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.''.
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. REPORT ON EFFECTIVENESS OF PROGRAMS TO PROMOTE RELIGIOUS
FREEDOM.
(a) 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.
(b) Consultation.--The Comptroller General shall consult with the
appropriate congressional committees and nongovernmental organizations
for purposes of preparing the report.
(c) Matters To Be Included.--The report shall include the
following:
(1) A review of the effectiveness of all United States
Government programs to promote international religious freedom,
including their goals and objectives.
(2) 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.
(3) 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.
(4) 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)).
(5) 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.
(6) 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.
(d) 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).
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