[114th Congress Public Law 281]
[From the U.S. Government Publishing Office]
[[Page 1425]]
FRANK R. WOLF INTERNATIONAL RELIGIOUS FREEDOM ACT
[[Page 130 STAT. 1426]]
Public Law 114-281
114th Congress
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. <<NOTE: Dec. 16, 2016 - [H.R.
1150]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Frank R. Wolf
International Religious Freedom Act. 22 USC 6401 note.>>
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--
[[Page 130 STAT. 1427]]
(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
non-theists, 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).
[[Page 130 STAT. 1428]]
``(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;
[[Page 130 STAT. 1429]]
(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. <<NOTE: Reports.>> 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);
[[Page 130 STAT. 1430]]
``(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:
[[Page 130 STAT. 1431]]
``(2) Religious freedom training.--
``(A) <<NOTE: Deadline.>> 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) <<NOTE: Coordination. Consultation. Recommenda- tio
ns.>> 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
[[Page 130 STAT. 1432]]
(3) in subsection (c), by striking ``The Secretary of
State'' and inserting ``Child Soldiers.--The Secretary of
State''.
(b) <<NOTE: Plan.>> 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) <<NOTE: Public information. Web
posting. Publications. Determination.>> 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 non-state 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
[[Page 130 STAT. 1433]]
executive branch and within any interagency policy committee of which
the Ambassador at Large is a member.
TITLE III--PRESIDENTIAL ACTIONS
SEC. 301. <<NOTE: 22 USC 6442a.>> 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) <<NOTE: Review.>> 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) <<NOTE: Designation.>> 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.
[[Page 130 STAT. 1434]]
(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) <<NOTE: Deadline. Designation.>> 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) <<NOTE: Review. Determination. Time
period.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Determination. Reports.>> 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
[[Page 130 STAT. 1435]]
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) <<NOTE: Designation. Determination.>> 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) <<NOTE: Time period. Determination. Reports.>> 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:
[[Page 130 STAT. 1436]]
``(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
[[Page 130 STAT. 1437]]
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) <<NOTE: 22 USC 6474.>> by redesignating section 605 as
section 606; and
(2) by inserting after section 604 the following:
``SEC. 605. <<NOTE: 22 USC 6473a.>> DESIGNATED PERSONS LIST FOR
PARTICULARLY SEVERE VIOLATIONS OF
RELIGIOUS FREEDOM.
``(a) List.--
``(1) <<NOTE: Coordination. Consultation.>> 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.--
[[Page 130 STAT. 1438]]
``(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. <<NOTE: 22 USC 6482.>> 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
[[Page 130 STAT. 1439]]
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. <<NOTE: 22 USC 6483.>> 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
[[Page 130 STAT. 1440]]
(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.''.
Approved December 16, 2016.
LEGISLATIVE HISTORY--H.R. 1150:
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CONGRESSIONAL RECORD, Vol. 162 (2016):
May 16, considered and passed House.
Dec. 9, considered and passed Senate, amended.
Dec. 13, House concurred in Senate amendment.
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