(Washington, DC, Dec. 19, 2016)–President Obama has signed H.R. 1150, the Frank R. Wolf International Religious Freedom Act, the first piece of legislation to specifically mention and include protection for “non-theists,” into law.
Upon learning of the Act’s passage, American Humanist Association Executive Director Roy Speckhardt said, ““The American Humanist Association is proud to see this historic legislation signed into law and looks forward to working with the US Department of State to ensure religious liberty for non-theists and religious minorities abroad. That non-theists are now recognized as a protected class is a significant step toward full acceptance and inclusion for non-religious individuals, who are still far too often stigmatized and persecuted around the world.”
You can read the full text of the Act below or online here.
One Hundred Fourteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the fourth day of January, two thousand and sixteen
An Act
To amend the International Religious Freedom Act of 1998 to improve the ability
of the United States to advance religious freedom globally through enhanced
diplomacy, training, counterterrorism, and foreign assistance efforts, and through
stronger and more flexible political responses to religious freedom violations and
violent extremism worldwide, 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; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Frank R.
Wolf International Religious Freedom Act’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings; policy; sense of Congress.
Sec. 3. Definitions.
TITLE I—DEPARTMENT OF STATE ACTIVITIES
Sec. 101. Office on International Religious Freedom; Ambassador at Large for
International Religious Freedom.
Sec. 102. Annual Report on International Religious Freedom.
Sec. 103. Training for Foreign Service officers.
Sec. 104. Prisoner lists and issue briefs on religious freedom concerns.
TITLE II—NATIONAL SECURITY COUNCIL
Sec. 201. Special Adviser for International Religious Freedom.
TITLE III—PRESIDENTIAL ACTIONS
Sec. 301. Non-state actor designations.
Sec. 302. Presidential actions in response to particularly severe violations of religious
freedom.
Sec. 303. Report to Congress.
Sec. 304. Presidential waiver.
Sec. 305. Publication in the Federal Register.
TITLE IV—PROMOTION OF RELIGIOUS FREEDOM
Sec. 401. Assistance for promoting religious freedom.
TITLE V—DESIGNATED PERSONS LIST FOR PARTICULARLY SEVERE
VIOLATIONS OF RELIGIOUS FREEDOM
Sec. 501. Designated Persons List for Particularly Severe Violations of Religious
Freedom.
TITLE VI—MISCELLANEOUS PROVISIONS
Sec. 601. Miscellaneous provisions.
Sec. 602. Clerical amendments.
SEC. 2. FINDINGS; POLICY; SENSE OF CONGRESS.
(a) FINDINGS.—Section 2(a) of the International Religious
Freedom Act of 1998 (22 U.S.C. 6401(a)) is amended—
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(1) in paragraph (3), by inserting ‘‘The freedom of thought,
conscience, and religion is understood to protect theistic and
non-theistic beliefs and the right not to profess or practice
any religion.’’ before ‘‘Governments’’;
(2) in paragraph (4), by adding at the end the following:
‘‘A policy or practice of routinely denying applications for visas
for religious workers in a country can be indicative of a poor
state of religious freedom in that country.’’; and
(3) in paragraph (6)—
(A) by inserting ‘‘and the specific targeting of nontheists,
humanists, and atheists because of their beliefs’’
after ‘‘religious persecution’’; and
(B) by inserting ‘‘and in regions where non-state actors
exercise significant political power and territorial control’’
before the period at the end.
(b) POLICY.—Section 2(b) of the International Religious Freedom
Act of 1998 (22 U.S.C. 6401(b)) is amended—
(1) by redesignating paragraphs (1) through (5) as subparagraphs
(A) through (E);
(2) by striking the matter preceding subparagraph (A),
as redesignated, and inserting the following:
‘‘(1) IN GENERAL.—The following shall be the policy of the
United States:’’; and
(3) by adding at the end the following:
‘‘(2) EVOLVING POLICIES AND COORDINATED DIPLOMATIC
RESPONSES.—Because the promotion of international religious
freedom protects human rights, advances democracy abroad,
and advances United States interests in stability, security,
and development globally, the promotion of international religious
freedom requires new and evolving policies and diplomatic
responses that—
‘‘(A) are drawn from the expertise of the national security
agencies, the diplomatic services, and other governmental
agencies and nongovernmental organizations; and
‘‘(B) are coordinated across and carried out by the
entire range of Federal agencies.’’.
(c) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) a policy or practice by the government of any foreign
country of routinely denying visa applications for religious
workers can be indicative of a poor state of religious freedom
in that country; and
(2) the United States Government should seek to reverse
any such policy by reviewing the entirety of the bilateral relationship
between such country and the United States.
SEC. 3. DEFINITIONS.
Section 3 of the International Religious Freedom Act of 1998
(22 U.S.C. 6402) is amended—
(1) by redesignating paragraph (13) as paragraph (16);
(2) by redesignating paragraphs (10), (11), and (12) as
paragraphs (12), (13), and (14), respectively;
(3) by inserting after paragraph (9) the following:
‘‘(10) INSTITUTION OF HIGHER EDUCATION.—The term
‘institution of higher education’ has the meaning given that
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
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‘‘(11) NON-STATE ACTOR.—The term ‘non-state actor’ means
a nonsovereign entity that—
‘‘(A) exercises significant political power and territorial
control;
‘‘(B) is outside the control of a sovereign government;
and
‘‘(C) often employs violence in pursuit of its objectives.’’;
(4) by inserting after paragraph (14), as redesignated, the
following:
‘‘(15) SPECIAL WATCH LIST.—The term ‘Special Watch List’
means the Special Watch List described in section
402(b)(1)(A)(iii).’’; and
(5) in paragraph (16), as redesignated—
(A) in subparagraph (A)—
(i) by redesignating clauses (iv) and (v) as clauses
(v) and (vi), respectively; and
(ii) by inserting after clause (iii) the following:
‘‘(iv) not professing a particular religion, or any
religion;’’; and
(B) in subparagraph (B)—
(i) by inserting ‘‘conscience, non-theistic views, or’’
before ‘‘religious belief or practice’’; and
(ii) by inserting ‘‘forcibly compelling non-believers
or non-theists to recant their beliefs or to convert,’’
after ‘‘forced religious conversion,’’.
TITLE I—DEPARTMENT OF STATE ACTIVITIES
SEC. 101. OFFICE ON INTERNATIONAL RELIGIOUS FREEDOM; AMBASSADOR
AT LARGE FOR INTERNATIONAL RELIGIOUS FREEDOM.
(a) IN GENERAL.—Section 101 of the International Religious
Freedom Act of 1998 (22 U.S.C. 6411) is amended—
(1) in subsection (b), by inserting ‘‘, and shall report directly
to the Secretary of State’’ before the period at the end;
(2) in subsection (c)—
(A) in paragraph (1)—
(i) by striking ‘‘responsibility’’ and inserting
‘‘responsibilities’’;
(ii) by striking ‘‘shall be to advance’’ and inserting
the following: ‘‘shall be to—
‘‘(A) advance’’;
(iii) in subparagraph (A), as redesignated, by
striking the period at the end and inserting ‘‘; and’’;
and
(iv) by adding at the end the following:
‘‘(B) integrate United States international religious
freedom policies and strategies into the foreign policy
efforts of the United States.’’;
(B) in paragraph (2), by inserting ‘‘the principal adviser
to’’ before ‘‘the Secretary of State’’;
(C) in paragraph (3)—
(i) in subparagraph (A), by striking ‘‘and’’ at the
end;
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(ii) in subparagraph (B), by striking the period
at the end and inserting ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(C) contacts with nongovernmental organizations that
have an impact on the state of religious freedom in their
respective societies or regions, or internationally.’’;
(D) by redesignating paragraph (4) as paragraph (5);
and
(E) by inserting after paragraph (3) the following:
‘‘(4) COORDINATION RESPONSIBILITIES.—In order to promote
religious freedom as an interest of United States foreign policy,
the Ambassador at Large—
‘‘(A) shall coordinate international religious freedom
policies across all programs, projects, and activities of the
United States; and
‘‘(B) should participate in any interagency processes
on issues in which the promotion of international religious
freedom policy can advance United States national security
interests, including in democracy promotion, stability, security,
and development globally.’’; and
(3) in subsection (d), by striking ‘‘staff for the Office’’ and
all that follows and inserting ‘‘appropriate staff for the Office,
including full-time equivalent positions and other temporary
staff positions needed to compile, edit, and manage the Annual
Report under the direct supervision of the Ambassador at
Large, and for the conduct of investigations by the Office and
for necessary travel to carry out this Act. The Secretary of
State should provide the Ambassador at Large with sufficient
funding to carry out the duties described in this section,
including, as necessary, representation funds. On the date on
which the President’s annual budget request is submitted to
Congress, the Secretary shall submit an annual report to the
appropriate congressional committees that includes a report
on staffing levels for the International Religious Freedom
Office.’’.
(b) SENSE OF CONGRESS.—It is the sense of Congress that
maintaining an adequate staffing level at the Office, such as was
in place during fiscal year 2016, is necessary for the Office to
carry out its important work.
SEC. 102. ANNUAL REPORT ON INTERNATIONAL RELIGIOUS FREEDOM.
(a) IN GENERAL.—Section 102(b)(1) of the International Religious
Freedom Act of 1998 (22 U.S.C. 6412(b)(1)) is amended—
(1) in the matter preceding subparagraph (A), by striking
‘‘September 1’’ and inserting ‘‘May 1’’;
(2) in subparagraph (A)—
(A) in clause (iii), by striking ‘‘; and’’ and inserting
‘‘as well as the routine denial of visa applications for religious
workers;’’;
(B) by redesignating clause (iv) as clause (vii); and
(C) by inserting after clause (iii) the following:
‘‘(iv) particularly severe violations of religious
freedom in that country if such country does not have
a functioning government or the government of such
country does not control its territory;
‘‘(v) the identification of prisoners, to the extent
possible, in that country pursuant to section 108(d);
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‘‘(vi) any action taken by the government of that
country to censor religious content, communications,
or worship activities online, including descriptions of
the targeted religious group, the content, communication,
or activities censored, and the means used; and’’;
(3) in subparagraph (B), in the matter preceding clause
(i)—
(A) by inserting ‘‘persecution of lawyers, politicians,
or other human rights advocates seeking to defend the
rights of members of religious groups or highlight religious
freedom violations, prohibitions on ritual animal slaughter
or male infant circumcision,’’ after ‘‘entire religions,’’; and
(B) by inserting ‘‘policies that ban or restrict the public
manifestation of religious belief and the peaceful involvement
of religious groups or their members in the political
life of each such foreign country,’’ after ‘‘such groups,’’;
(4) in subparagraph (C), by striking ‘‘A description of
United States actions and’’ and inserting ‘‘A detailed description
of United States actions, diplomatic and political coordination
efforts, and other’’; and
(5) in subparagraph (F)(i)—
(A) by striking ‘‘section 402(b)(1)’’ and inserting ‘‘section
402(b)(1)(A)(ii)’’; and
(B) by adding at the end the following: ‘‘Any country
in which a non-state actor designated as an entity of particular
concern for religious freedom under section 301
of the Frank R. Wolf International Religious Freedom Act
is located shall be included in this section of the report.’’.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the original intent of the International Religious
Freedom Act of 1998 (22 U.S.C. 6401 et seq.) was to require
annual reports from both the Department of State and the
Commission on International Religious Freedom to be delivered
each year, during the same calendar year, and with at least
5 months separating these reports, in order to provide updated
information for policymakers, Members of Congress, and nongovernmental
organizations; and
(2) given that the annual Country Reports on Human
Rights Practices no longer contain updated information on religious
freedom conditions globally, it is important that the
Department of State coordinate with the Commission to fulfill
the original intent of the International Religious Freedom Act
of 1998.
SEC. 103. TRAINING FOR FOREIGN SERVICE OFFICERS.
(a) AMENDMENTS TO FOREIGN SERVICE ACT OF 1980.—Section
708 of the Foreign Service Act of 1980 (22 U.S.C. 4028) is
amended—
(1) in subsection (a)—
(A) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(B) by striking ‘‘(a) The Secretary of State’’ and
inserting the following:
‘‘(a) HUMAN RIGHTS, RELIGIOUS FREEDOM, AND HUMAN TRAFFICKING
TRAINING.—
‘‘(1) IN GENERAL.—The Secretary of State’’; and
(C) by adding at the end the following:
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‘‘(2) RELIGIOUS FREEDOM TRAINING.—
‘‘(A) IN GENERAL.—In carrying out the training required
under paragraph (1)(B), the Director of the George P.
Shultz National Foreign Affairs Training Center shall, not
later than the one year after the date of the enactment
of the Frank R. Wolf International Religious Freedom Act,
conduct training on religious freedom for all Foreign Service
officers, including all entry level officers, all officers prior
to departure for posting outside the United States, and
all outgoing deputy chiefs of mission and ambassadors.
Such training shall be included in—
‘‘(i) the A–100 course attended by all Foreign
Service officers;
‘‘(ii) the courses required of every Foreign Service
officer prior to a posting outside the United States,
with segments tailored to the particular religious
demography, religious freedom conditions, and United
States strategies for advancing religious freedom, in
each receiving country; and
‘‘(iii) the courses required of all outgoing deputy
chiefs of mission and ambassadors.
‘‘(B) DEVELOPMENT OF CURRICULUM.—In carrying out
the training required under paragraph (1)(B), the Ambassador
at Large for International Religious Freedom, in
coordination with the Director of the George P. Shultz
National Foreign Affairs Training Center and other Federal
officials, as appropriate, 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 make recommendations to the Secretary of State
regarding a curriculum for the training of United States
Foreign Service officers under paragraph (1)(B) on the scope
and strategic value of international religious freedom, how
violations of international religious freedom harm fundamental
United States interests, how the advancement of
international religious freedom can advance such interests,
how United States international religious freedom policy
should be carried out in practice by United States diplomats
and other Foreign Service officers, and the relevance and
relationship of international religious freedom to United
States defense, diplomacy, development, and public affairs
efforts. The Secretary of State should ensure the availability
of sufficient resources to develop and implement
such curriculum.
‘‘(C) INFORMATION SHARING.—The curriculum and
training materials developed under this paragraph shall
be shared with the United States Armed Forces and other
Federal departments and agencies with personnel who are
stationed overseas, as appropriate, to provide training on—
‘‘(i) United States religious freedom policies;
‘‘(ii) religious traditions;
‘‘(iii) religious engagement strategies;
‘‘(iv) religious and cultural issues; and
‘‘(v) efforts to counter violent religious extremism.’’;
(2) in subsection (b), by striking ‘‘The Secretary of State’’
and inserting ‘‘REFUGEES.—The Secretary of State’’; and
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(3) in subsection (c), by striking ‘‘The Secretary of State’’
and inserting ‘‘CHILD SOLDIERS.—The Secretary of State’’.
(b) REPORT.—Not later than 180 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,
and the Director of the Foreign Service Institute, located at the
George P. Shultz National Foreign Affairs Training Center, shall
submit a report to the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign Relations of the
Senate that contains a plan for undertaking training for Foreign
Service officers under section 708 of the Foreign Services Act of
1980, as amended by subsection (a).
SEC. 104. PRISONER LISTS AND ISSUE BRIEFS ON RELIGIOUS FREEDOM CONCERNS.
Section 108 of the International Religious Freedom Act of 1998
(22 U.S.C. 6417) is amended—
(1) in subsection (b), by striking ‘‘faith,’’ and inserting
‘‘activities, religious freedom advocacy, or efforts to protect and
advance the universally recognized right to the freedom of
religion,’’;
(2) in subsection (c), by striking ‘‘, as appropriate, provide’’
and insert ‘‘make available’’; and
(3) by adding at the end the following:
‘‘(d) VICTIMS LIST MAINTAINED BY THE UNITED STATES COMMISSION
ON INTERNATIONAL RELIGIOUS FREEDOM.—
‘‘(1) IN GENERAL.—The Commission shall make publicly
available, to the extent practicable, online and in official
publications, lists of persons it determines are imprisoned or
detained, have disappeared, been placed under house arrest,
been tortured, or subjected to forced renunciations of faith
for their religious activity or religious freedom advocacy by
the government of a foreign country that the Commission recommends
for designation as a country of particular concern
for religious freedom under section 402(b)(1)(A)(ii) or by a nonstate
actor that the Commission recommends for designation
as an entity of particular concern for religious freedom under
section 301 of the Frank R. Wolf International Religious
Freedom Act and include as much publicly available information
as practicable on the conditions and circumstances of such
persons.
‘‘(2) DISCRETION.—In compiling lists under paragraph (1),
the Commission shall exercise all appropriate discretion,
including consideration of the safety and security of, and benefit
to, the persons who may be included on the lists and the
families of such persons.’’.
TITLE II—NATIONAL SECURITY COUNCIL
SEC. 201. SPECIAL ADVISER FOR INTERNATIONAL RELIGIOUS FREEDOM.
The position described in section 101(k) of the National Security
Act of 1947 (50 U.S.C. 3021(k)) should assist the Ambassador at
Large for International Religious Freedom to coordinate international
religious freedom policies and strategies throughout the
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executive branch and within any interagency policy committee of
which the Ambassador at Large is a member.
TITLE III—PRESIDENTIAL ACTIONS
SEC. 301. NON-STATE ACTOR DESIGNATIONS.
(a) IN GENERAL.—The President, concurrent with the annual
foreign country review required under section 402(b)(1)(A) of the
International Religious Freedom Act of 1998 (22 U.S.C.
6442(b)(1)(A)), shall—
(1) review and identify any non-state actors operating in
any such reviewed country or surrounding region that have
engaged in particularly severe violations of religious freedom;
and
(2) designate, in a manner consistent with such Act, each
such non-state actor as an entity of particular concern for
religious freedom.
(b) REPORT.—Whenever the President designates a non-state
actor under subsection (a) as an entity of particular concern for
religious freedom, the President, as soon as practicable after the
designation is made, shall submit a report to the appropriate
congressional committees that describes the reasons for such designation.
(c) ACTIONS.—The President should take specific actions, when
practicable, to address severe violations of religious freedom of
non-state actors that are designated under subsection (a)(2).
(d) DEPARTMENT OF STATE ANNUAL REPORT.—The Secretary
of State should include information detailing the reasons the President
designated a non-state actor as an entity of particular concern
for religious freedom under subsection (a) in the Annual Report
required under section 102(b)(1) of the International Religious
Freedom Act of 1998 (22 U.S.C. 6412(b)(1)).
(e) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the Secretary of State should work with Congress and
the U.S. Commission on International Religious Freedom—
(A) to create new political, financial, and diplomatic
tools to address severe violations of religious freedom by
non-state actors; and
(B) to update the actions the President can take under
section 405 of the International Religious Freedom Act
of 1998 (22 U.S.C. 6445);
(2) governments must ultimately be held accountable for
the abuses that occur in their territories; and
(3) any actions the President takes after designating a
non-state actor as an entity of particular concern should also
involve high-level diplomacy with the government of the country
in which the non-state actor is operating.
(f) DETERMINATIONS OF RESPONSIBLE PARTIES.—In order to
appropriately target Presidential actions under the International
Religious Freedom Act of 1998 (22 U.S.C. 6401 et seq.), the President,
with respect to each non-state actor designated as an entity
of particular concern for religious freedom under subsection (a),
shall seek to determine, to the extent practicable, the specific officials
or members that are responsible for the particularly severe
violations of religious freedom engaged in or tolerated by such
non-state actor.
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(g) DEFINITIONS.—In this section, the terms ‘‘appropriate
congressional committees’’, ‘‘non-state actor’’, and ‘‘particularly
severe violations of religious freedom’’ have the meanings given
such terms in section 3 of the International Religious Freedom
Act of 1998 (22 U.S.C. 6402), as amended by section 3 of this
Act.
SEC. 302. PRESIDENTIAL ACTIONS IN RESPONSE TO PARTICULARLY
SEVERE VIOLATIONS OF RELIGIOUS FREEDOM.
Section 402 of the International Religious Freedom Act of 1998
(22 U.S.C. 6442) is amended—
(1) in subsection (b)—
(A) in paragraph (1)—
(i) by amending subparagraph (A) to read as follows:
‘‘(A) IN GENERAL.—Not later than 90 days after the
date on which each Annual Report is submitted under
section 102(b), the President shall—
‘‘(i) review the status of religious freedom in each
foreign country to determine whether the government
of that country has engaged in or tolerated particularly
severe violations of religious freedom in each such
country during the preceding 12 months or longer;
‘‘(ii) designate each country the government of
which has engaged in or tolerated violations described
in clause (i) as a country of particular concern for
religious freedom; and
‘‘(iii) designate each country that engaged in or
tolerated severe violations of religious freedom during
the previous year, but does not meet, in the opinion
of the President at the time of publication of the
Annual Report, all of the criteria described in section
3(15) for designation under clause (ii) as being placed
on a ‘Special Watch List’.’’; and
(ii) in subparagraph (C), by striking ‘‘prior to September
1 of the respective year’’ and inserting ‘‘before
the date on which each Annual Report is submitted
under section 102(b)’’;
(B) by amending paragraph (3) to read as follows:
‘‘(3) CONGRESSIONAL NOTIFICATION.—
‘‘(A) IN GENERAL.—Whenever the President designates
a country as a country of particular concern for religious
freedom under paragraph (1)(A)(ii), the President, not later
than 90 days after such designation, shall submit to the
appropriate congressional committees—
‘‘(i) the designation of the country, signed by the
President;
‘‘(ii) the identification, if any, of responsible parties
determined under paragraph (2); and
‘‘(iii) a description of the actions taken under subsection
(c), the purposes of the actions taken, and the
effectiveness of the actions taken.
‘‘(B) REMOVAL OF DESIGNATION.—A country that is designated
as a country of particular concern for religious
freedom under paragraph (1)(A)(ii) shall retain such designation
until the President determines and reports to the
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appropriate congressional committees that the country
should no longer be so designated.’’; and
(C) by adding at the end the following:
‘‘(4) EFFECT ON DESIGNATION AS COUNTRY OF PARTICULAR
CONCERN.—The presence or absence of a country from the Special
Watch List in any given year shall not preclude the designation
of such country as a country of particular concern for
religious freedom under paragraph (1)(A)(ii) in any such year.’’;
and
(2) in subsection (c)(5), by striking ‘‘the President must
designate the specific sanction or sanctions which he determines
satisfy the requirements of this subsection.’’ and inserting ‘‘the
President shall designate the specific sanction or sanctions
that the President determines satisfy the requirements under
this subsection and include a description of the impact of such
sanction or sanctions on each country.’’.
SEC. 303. REPORT TO CONGRESS.
Section 404(a)(4)(A) of the International Religious Freedom Act
of 1998 (22 U.S.C. 6444(a)(4)(A)) is amended—
(1) in clause (ii), by striking ‘‘and’’ at the end;
(2) in clause (iii), by striking the period at the end and
inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(iv) the impact on the advancement of United
States interests in democracy, human rights, and security,
and a description of policy tools being applied
in the country, including programs that target democratic
stability, economic growth, and counterterrorism.’’.
SEC. 304. PRESIDENTIAL WAIVER.
Section 407 of the International Religious Freedom Act of 1998
(22 U.S.C. 6447) is amended—
(1) in subsection (a)—
(A) by striking ‘‘subsection (b)’’ and inserting ‘‘subsection
(c)’’;
(B) by inserting ‘‘, for a single, 180-day period,’’ after
‘‘may waive’’;
(C) by striking paragraph (1); and
(D) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively;
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following:
‘‘(b) ADDITIONAL AUTHORITY.—Subject to subsection (c), the
President may waive, for any additional specified period of time
after the 180-day period described in subsection (a), the application
of any of the actions described in paragraphs (9) through (15)
of section 405(a) (or a commensurate substitute action) with respect
to a country, if the President determines and reports to the appropriate
congressional committees that—
‘‘(1) the respective foreign government has ceased the violations
giving rise to the Presidential action; or
‘‘(2) the important national interest of the United States
requires the exercise of such waiver authority.’’;
(4) in subsection (c), as redesignated, by inserting ‘‘or (b)’’
after ‘‘subsection (a)’’; and
(5) by adding at the end the following:
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‘‘(d) SENSE OF CONGRESS.—It is the sense of Congress that—
‘‘(1) ongoing and persistent waivers of the application of
any of the actions described in paragraphs (9) through (15)
of section 405(a) (or commensurate substitute action) with
respect to a country do not fulfill the purposes of this Act;
and
‘‘(2) because the promotion of religious freedom is an important
interest of United States foreign policy, the President,
the Secretary of State, and other executive branch officials,
in consultation with Congress, should seek to find ways to
address existing violations, on a case-by-case basis, through
the actions described in section 405 or other commensurate
substitute action.’’.
SEC. 305. PUBLICATION IN THE FEDERAL REGISTER.
Section 408(a)(1) of the International Religious Freedom Act
of 1998 (22 U.S.C. 6448(a)(1)) is amended by adding at the end
the following: ‘‘Any designation of a non-state actor as an entity
of particular concern for religious freedom under section 301 of
the Frank R. Wolf International Religious Freedom Act and, if
applicable and to the extent practicable, the identities of individuals
determined to be responsible for violations described in subsection
(f) of such section.’’.
TITLE IV—PROMOTION OF RELIGIOUS FREEDOM
SEC. 401. ASSISTANCE FOR PROMOTING RELIGIOUS FREEDOM.
(a) AVAILABILITY OF ASSISTANCE.—It is the sense of Congress
that for each fiscal year that begins on or after the date of the
enactment of this Act, the President should request sufficient appropriations
from Congress to support—
(1) the vigorous promotion of international religious
freedom and for projects to advance United States interests
in the protection and advancement of international religious
freedom, in particular, through grants to groups that—
(A) are capable of developing legal protections or promoting
cultural and societal understanding of international
norms of religious freedom;
(B) seek to address and mitigate religiously motivated
and sectarian violence and combat violent extremism; or
(C) seek to strengthen investigations, reporting, and
monitoring of religious freedom violations, including genocide
perpetrated against religious minorities; and
(2) the establishment of an effective Religious Freedom
Defense Fund, to be administered by the Ambassador at Large
for International Religious Freedom, to provide grants for—
(A) victims of religious freedom abuses and their families
to cover legal and other expenses that may arise from
detention, imprisonment, torture, fines, and other restrictions;
and
(B) projects to help create and support training of
a new generation of defenders of religious freedom,
including legal and political advocates, and civil society
projects which seek to create advocacy networks,
strengthen legal representation, train and educate new
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religious freedom defenders, and build the capacity of religious
communities and rights defenders to protect against
religious freedom violations, mitigate societal or sectarian
violence, or minimize legal or other restrictions of the right
to freedom of religion.
(b) PREFERENCE.—It is the sense of Congress that, in providing
grants under subsection (a), the Ambassador at Large for International
Religious Freedom should, as appropriate, give preference
to projects targeting religious freedom violations in countries—
(1) designated as countries of particular concern for religious
freedom under section 402(b)(1) of the International Religious
Freedom Act of 1998 (22 U.S.C. 6442(b)(1)); or
(2) included on the Special Watch List described in section
402(b)(1)(A)(iii) of the International Religious Freedom Act of
1998, as added by section 302(1)(A)(i) of this Act.
(c) ADMINISTRATION AND CONSULTATIONS.—
(1) ADMINISTRATION.—Amounts made available under subsection
(a) shall be administered by the Ambassador at Large
for International Religious Freedom.
(2) CONSULTATIONS.—In developing priorities and policies
for providing grants authorized under subsection (a), including
programming and policy, the Ambassador at Large for International
Religious Freedom should consult with other Federal
agencies, including the United States Commission on International
Religious Freedom and, as appropriate, nongovernmental
organizations.
TITLE V—DESIGNATED PERSONS LIST FOR PARTICULARLY SEVERE VIOLATIONS OF RELIGIOUS FREEDOM
SEC. 501. DESIGNATED PERSONS LIST FOR PARTICULARLY SEVERE VIOLATIONS OF RELIGIOUS FREEDOM.
Title VI of the International Religious Freedom Act of 1998
(22 U.S.C. 6471 et seq.) is amended—
(1) by redesignating section 605 as section 606; and
(2) by inserting after section 604 the following:
‘‘SEC. 605. DESIGNATED PERSONS LIST FOR PARTICULARLY SEVERE VIOLATIONS OF RELIGIOUS FREEDOM.
‘‘(a) LIST.—
‘‘(1) IN GENERAL.—The Secretary of State, in coordination
with the Ambassador at Large and in consultation with relevant
government and nongovernment experts, shall establish and
maintain a list of foreign individuals to whom a consular post
has denied a visa on the grounds of particularly severe violations
of religious freedom under section 212(a)(2)(G) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(G)), or
who are subject to financial sanctions or other measures for
particularly severe violations of freedom religion.
‘‘(2) REFERENCE.—The list required under paragraph (1)
shall be known as the ‘Designated Persons List for Particularly
Severe Violations of Religious Freedom’.
‘‘(b) REPORT.—
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‘‘(1) IN GENERAL.—The Secretary of State shall submit a
report to the appropriate congressional committees that contains
the list required under subsection (a), including, with
respect to each foreign individual on the list—
‘‘(A) the name of the individual and a description of
the particularly severe violation of religious freedom committed
by the individual;
‘‘(B) the name of the country or other location in which
such violation took place; and
‘‘(C) a description of the actions taken pursuant to
this Act or any other Act or Executive order in response
to such violation.
‘‘(2) SUBMISSION AND UPDATES.—The Secretary of State
shall submit to the appropriate congressional committees—
‘‘(A) the initial report required under paragraph (1)
not later than 180 days after the date of the enactment
of the Frank R. Wolf International Religious Freedom Act;
and
‘‘(B) updates to the report every 180 days thereafter
and as new information becomes available.
‘‘(3) FORM.—The report required under paragraph (1)
should be submitted in unclassified form but may contain a
classified annex.
‘‘(4) DEFINITION.—In this subsection, the term ‘appropriate
congressional committees’ means—
‘‘(A) the Committee on Foreign Relations of the Senate;
‘‘(B) the Committee on Appropriations of the Senate;
‘‘(C) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
‘‘(D) the Committee on Foreign Affairs of the House
of Representatives;
‘‘(E) the Committee on Appropriations of the House
of Representatives; and
‘‘(F) the Committee on Financial Services of the House
of Representatives.’’.
TITLE VI—MISCELLANEOUS PROVISIONS
SEC. 601. MISCELLANEOUS PROVISIONS.
Title VII of the International Religious Freedom Act of 1998
(22 U.S.C. 6481 et seq.) is amended by adding at the end the
following:
‘‘SEC. 702. VOLUNTARY CODES OF CONDUCT FOR UNITED STATES
INSTITUTIONS OF HIGHER EDUCATION OUTSIDE THE UNITED STATES.
‘‘(a) FINDING.—Congress recognizes the enduring importance
of United States institutions of higher education worldwide—
‘‘(1) for their potential for shaping positive leadership and
new educational models in host countries; and
‘‘(2) for their emphasis on teaching universally recognized
rights of free inquiry and academic freedom.
‘‘(b) SENSE OF CONGRESS.—It is the sense of Congress that
United States institutions of higher education operating campuses
outside the United States or establishing any educational entities
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with foreign governments, particularly with or in countries the
governments of which engage in or tolerate severe violations of
religious freedom as identified in the Annual Report, should seek
to adopt a voluntary code of conduct for operating in such countries
that should—
‘‘(1) uphold the right of freedom of religion of their
employees and students, including the right to manifest that
religion peacefully as protected in international law;
‘‘(2) ensure that the religious views and peaceful practice
of religion in no way affect, or be allowed to affect, the status
of a worker’s or faculty member’s employment or a student’s
enrollment; and
‘‘(3) make every effort in all negotiations, contracts, or
memoranda of understanding engaged in or constructed with
a foreign government to protect academic freedom and the
rights enshrined in the United Nations Declaration of Human
Rights.
‘‘SEC. 703. SENSE OF CONGRESS REGARDING NATIONAL SECURITY
STRATEGY TO PROMOTE RELIGIOUS FREEDOM THROUGH
UNITED STATES FOREIGN POLICY.
‘‘It is the sense of Congress that the annual national security
strategy report of the President required under section 108 of
the National Security Act of 1947 (50 U.S.C. 3043)—
‘‘(1) should promote international religious freedom as a
foreign policy and national security priority; and
‘‘(2) should articulate that promotion of the right to freedom
of religion is a strategy that—
‘‘(A) protects other, related human rights, and advances
democracy outside the United States; and
‘‘(B) makes clear its importance to United States foreign
policy goals of stability, security, development, and
diplomacy;
‘‘(3) should be a guide for the strategies and activities
of relevant Federal agencies; and
‘‘(4) should inform the Department of Defense quadrennial
defense review under section 118 of title 10, United States
Code, and the Department of State Quadrennial Diplomacy
and Development Review.’’.
SEC. 602. CLERICAL AMENDMENTS.
The table of contents of the International Religious Freedom
Act of 1998 (22 U.S.C. 6401 note) is amended—
(1) by striking the item relating to section 605 and inserting
the following:
‘‘Sec. 606. Studies on the effect of expedited removal provisions on asylum claims.’’;
(2) by inserting after the item relating to section 604 the
following:
‘‘Sec. 605. Designated Persons List for Particularly Severe Violations of Religious
Freedom.’’;
and
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(3) by adding at the end the following:
‘‘Sec. 702. Voluntary codes of conduct for United States institutions of higher education
operating outside the United States.
‘‘Sec. 703. Sense of Congress regarding national security strategy to promote religious
freedom through United States foreign policy.’’.
Speaker of the House of Representatives.
Vice President of the United States and President of the Senate.