H. R. 2431—10
Service officers abroad shall seek to meet with imprisoned religious
leaders where appropriate and beneficial.
SEC. 106. PROGRAMS AND ALLOCATIONS OF FUNDS BY UNITED STATES
MISSIONS ABROAD.
It is the sense of the Congress that—
(1) United States diplomatic missions in countries the
governments of which engage in or tolerate violations of the
internationally recognized right to freedom of religion should
develop, as part of annual program planning, a strategy to
promote respect for the internationally recognized right to free-
dom of religion; and
(2) in allocating or recommending the allocation of funds
or the recommendation of candidates for programs and grants
funded by the United States Government, United States diplo-
matic missions should give particular consideration to those
programs and candidates deemed to assist in the promotion
of the right to religious freedom.
SEC. 107. EQUAL ACCESS TO UNITED STATES MISSIONS ABROAD FOR
CONDUCTING RELIGIOUS ACTIVITIES.
(a) IN GENERAL.—Subject to this section, the Secretary of State
shall permit, on terms no less favorable than that accorded other
nongovernmental activities unrelated to the conduct of the diplo-
matic mission, access to the premises of any United States diplo-
matic mission or consular post by any United States citizen seeking
to conduct an activity for religious purposes.
(b) TIMING AND LOCATION.—The Secretary of State shall make
reasonable accommodations with respect to the timing and location
of such access in light of—
(1) the number of United States citizens requesting the
access (including any particular religious concerns regarding
the time of day, date, or physical setting for services);
(2) conflicts with official activities and other nonofficial
United States citizen requests;
(3) the availability of openly conducted, organized religious
services outside the premises of the mission or post;
(4) availability of space and resources; and
(5) necessary security precautions.
(c) DISCRETIONARY
ACCESS
FOR
FOREIGN
NATIONALS.—The
Secretary of State may permit access to the premises of a United
States diplomatic mission or consular post to foreign nationals
for the purpose of attending or participating in religious activities
conducted pursuant to this section.
SEC. 108. PRISONER LISTS AND ISSUE BRIEFS ON RELIGIOUS
FREEDOM CONCERNS.
(a) SENSE OF THE CONGRESS.—To encourage involvement with
religious freedom concerns at every possible opportunity and by
all appropriate representatives of the United States Government,
it is the sense of the Congress that officials of the executive branch
of Government should promote increased advocacy on such issues
during meetings between foreign dignitaries and executive branch
officials or Members of Congress.
(b) PRISONER LISTS AND ISSUE BRIEFS ON RELIGIOUS FREEDOM
CONCERNS.—The Secretary of State, in consultation with the
Ambassador at Large, the Assistant Secretary of State for Democ-
racy, Human Rights and Labor, United States chiefs of mission
H. R. 2431—11
abroad, regional experts, and nongovernmental human rights and
religious groups, shall prepare and maintain issue briefs on religious
freedom, on a country-by-country basis, consisting of lists of persons
believed to be imprisoned, detained, or placed under house arrest
for their religious faith, together with brief evaluations and critiques
of the policies of the respective country restricting religious freedom.
In considering the inclusion of names of prisoners on such lists,
the Secretary of State shall exercise appropriate discretion, includ-
ing concerns regarding the safety, security, and benefit to such
prisoners.
(c) AVAILABILITY
OF INFORMATION.—The Secretary shall, as
appropriate, provide religious freedom issue briefs under subsection
(b) to executive branch officials and Members of Congress in
anticipation of bilateral contacts with foreign leaders, both in the
United States and abroad.
TITLE II—COMMISSION ON
INTERNATIONAL RELIGIOUS FREEDOM
SEC. 201. ESTABLISHMENT AND COMPOSITION.
(a) IN GENERAL.—There is established the United States
Commission on International Religious Freedom.
(b) MEMBERSHIP.—
(1) APPOINTMENT.—The Commission shall be composed of—
(A) the Ambassador at Large, who shall serve ex officio
as a nonvoting member of the Commission; and
(B) Nine other members, who shall be United States
citizens who are not being paid as officers or employees
of the United States, and who shall be appointed as follows:
(i) Three members of the Commission shall be
appointed by the President.
(ii) Three members of the Commission shall be
appointed by the President pro tempore of the Senate,
of which two of the members shall be appointed upon
the recommendation of the leader in the Senate of
the political party that is not the political party of
the President, and of which one of the members shall
be appointed upon the recommendation of the leader
in the Senate of the other political party.
(iii) three members of the Commission shall be
appointed by the Speaker of the House of Representa-
tives, of which two of the members shall be appointed
upon the recommendation of the leader in the House
of the political party that is not the political party
of the President, and of which one of the members
shall be appointed upon the recommendation of the
leader in the House of the other political party.
(2) SELECTION.—
(A) IN GENERAL.—Members of the Commission shall
be selected among distinguished individuals noted for their
knowledge and experience in fields relevant to the issue
of international religious freedom, including foreign affairs,
direct experience abroad, human rights, and international
law.
H. R. 2431—12
(B) SECURITY
CLEARANCES.—Each member of the
Commission shall be required to obtain a security clear-
ance.
(3) TIME OF APPOINTMENT.—The appointments required by
paragraph (1) shall be made not later than 120 days after
the date of the enactment of this Act.
(c) TERMS.—The term of office of each member of the Commis-
sion shall be 2 years. Members of the Commission shall be eligible
for reappointment to a second term.
(d) ELECTION OF CHAIR.—At the first meeting of the Commis-
sion in each calendar year, a majority of the members of the
Commission present and voting shall elect the Chair of the Commis-
sion.
(e) QUORUM.—Six voting members of the Commission shall
constitute a quorum for purposes of transacting business.
(f ) MEETINGS.—Each year, within 15 days, or as soon as prac-
ticable, after the issuance of the Country Report on Human Rights
Practices, the Commission shall convene. The Commission shall
otherwise meet at the call of the Chair or, if no Chair has been
elected for that calendar year, at the call of six voting members
of the Commission.
(g) VACANCIES.—Any vacancy of the Commission shall not affect
its powers, but shall be filled in the manner in which the original
appointment was made.
(h) ADMINISTRATIVE SUPPORT.—The Secretary of State shall
assist the Commission by providing to the Commission such staff
and administrative services of the Office as may be necessary
and appropriate for the Commission to perform its functions. Any
employee of the executive branch of Government may be detailed
to the Commission without reimbursement to the agency of that
employee and such detail shall be without interruption or loss
of civil service status or privilege.
(i) FUNDING.—Members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence at rates
authorized for employees of agencies under subchapter I of chapter
57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for
the Commission.
SEC. 202. DUTIES OF THE COMMISSION.
(a) IN GENERAL.—The Commission shall have as its primary
responsibility—
(1) the annual and ongoing review of the facts and cir-
cumstances of violations of religious freedom presented in the
Country Reports on Human Rights Practices, the Annual
Report, and the Executive Summary, as well as information
from other sources as appropriate; and
(2) the making of policy recommendations to the President,
the Secretary of State, and Congress with respect to matters
involving international religious freedom.
(b) POLICY REVIEW AND RECOMMENDATIONS IN RESPONSE TO
VIOLATIONS.—The Commission, in evaluating United States Govern-
ment policies in response to violations of religious freedom, shall
consider and recommend options for policies of the United States
Government with respect to each foreign country the government
of which has engaged in or tolerated violations of religious freedom,
H. R. 2431—13
including particularly severe violations of religious freedom, includ-
ing diplomatic inquiries, diplomatic protest, official public protest
demarche of protest, condemnation within multilateral fora, delay
or cancellation of cultural or scientific exchanges, delay or cancella-
tion of working, official, or state visits, reduction of certain assist-
ance funds, termination of certain assistance funds, imposition of
targeted trade sanctions, imposition of broad trade sanctions, and
withdrawal of the chief of mission.
(c) POLICY REVIEW AND RECOMMENDATIONS IN RESPONSE TO
PROGRESS.—The Commission, in evaluating the United States
Government policies with respect to countries found to be taking
deliberate steps and making significant improvement in respect
for the right of religious freedom, shall consider and recommend
policy options, including private commendation, diplomatic com-
mendation, official public commendation, commendation within
multilateral fora, an increase in cultural or scientific exchanges,
or both, termination or reduction of existing Presidential actions,
an increase in certain assistance funds, and invitations for working,
official, or state visits.
(d) EFFECTS ON RELIGIOUS COMMUNITIES AND INDIVIDUALS.—
Together with specific policy recommendations provided under sub-
sections (b) and (c), the Commission shall also indicate its evaluation
of the potential effects of such policies, if implemented, on the
religious communities and individuals whose rights are found to
be violated in the country in question.
(e) MONITORING.—The Commission shall, on an ongoing basis,
monitor facts and circumstances of violations of religious freedom,
in consultation with independent human rights groups and non-
governmental organizations, including churches and other religious
communities, and make such recommendations as may be necessary
to the appropriate officials and offices in the United States Govern-
ment.
(f ) HEARINGS AND SESSIONS.—The Commission may, for the
purpose of carrying out its duties under this title, hold hearings,
sit and act at times and places in the United States, take testimony,
and receive evidence as the Commission considers advisable to
carry out the purposes of this Act.
SEC. 203. REPORT OF THE COMMISSION.
(a) IN GENERAL.—Not later than May 1 of each year, the
Commission shall submit a report to the President, the Secretary
of State, and Congress setting forth its recommendations for United
States policy options based on its evaluations under section 202.
(b) CLASSIFIED FORM OF REPORT.—The report may be submitted
in classified form, together with a public summary of recommenda-
tions, if the classification of information would further the purposes
of this Act.
(c) INDIVIDUAL OR DISSENTING VIEWS.—Each member of the
Commission may include the individual or dissenting views of the
member.
SEC. 204. APPLICABILITY OF OTHER LAWS.
The Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the Commission.