22 U.S.C. § 6402 — Definitions

Page 1798 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6402 1 So in original. Probably should be ‘‘Presidential’’. spaces for all faiths; and to protect and preserve the cultural heritages of religious communities. (b) Executive departments and agencies (agencies) that fund foreign assistance programs shall ensure that faith-based and religious entities, including eligible en- tities in foreign countries, are not discriminated against on the basis of religious identity or religious belief when competing for Federal funding, to the ex- tent permitted by law. SEC. 4. Integrating International Religious Freedom into United States Diplomacy. (a) The Secretary shall direct Chiefs of Mission in countries of particular concern, countries on the Special Watch List, countries in which there are entities of particular concern, and any other countries that have engaged in or tolerated violations of religious freedom as noted in the Annual Report on International Religious Freedom required by section 102(b) of the International Religious Freedom Act of 1998 (Public Law 105–292) [22 U.S.C. 6412(b)], as amended (the ‘‘Act’’), to develop comprehensive action plans to inform and support the efforts of the United States to advance international religious freedom and to encour- age the host governments to make progress in elimi- nating violations of religious freedom. (b) In meetings with their counterparts in foreign governments, the heads of agencies shall, when appro- priate and in coordination with the Secretary, raise concerns about international religious freedom and cases that involve individuals imprisoned because of their religion. (c) The Secretary shall advocate for United States international religious freedom policy in both bilateral and multilateral fora, when appropriate, and shall di- rect the Administrator of USAID to do the same. SEC. 5. Training for Federal Officials. (a) The Secretary shall require all Department of State civil service em- ployees in the Foreign Affairs Series to undertake training modeled on the international religious free- dom training described in section 708(a) of the Foreign Service Act of 1980 (Public Law 96–465) [22 U.S.C. 4028(a)], as amended by section 103(a)(1) of the Frank R. Wolf International Religious Freedom Act (Public Law 114–281). (b) Within 90 days of the date of this order, the heads of all agencies that assign personnel to positions over- seas shall submit plans to the President, through the Assistant to the President for National Security Af- fairs, detailing how their agencies will incorporate the type of training described in subsection (a) of this sec- tion into the training required before the start of over- seas assignments for all personnel who are to be sta- tioned abroad, or who will deploy and remain abroad, in one location for 30 days or more. (c) All Federal employees subject to these require- ments shall be required to complete international reli- gious freedom training not less frequently than once every 3 years. SEC. 6. Economic Tools. (a) The Secretary and the Sec- retary of the Treasury shall, in consultation with the Assistant to the President for National Security Af- fairs, and through the process described in National Se- curity Presidential Memorandum–4 of April 4, 2017 (Or- ganization of the National Security Council, the Home- land Security Council, and Subcommittees) [50 U.S.C. 3021 note], develop recommendations to prioritize the appropriate use of economic tools to advance inter- national religious freedom in countries of particular concern, countries on the Special Watch List, countries in which there are entities of particular concern, and any other countries that have engaged in or tolerated violations of religious freedom as noted in the report required by section 102(b) of the Act. These economic tools may include, as appropriate and to the extent per- mitted by law, increasing religious freedom program- ming, realigning foreign assistance to better reflect country circumstances, or restricting the issuance of visas under section 604(a) of the Act [probably means 8 U.S.C. 1182(a)(2)(G), as added by section 604(a) of Pub. L. 105–292]. (b) The Secretary of the Treasury, in consultation with the Secretary of State, may consider imposing sanctions under Executive Order 13818 of December 20, 2017 (Blocking the Property of Persons Involved in Seri- ous Human Rights Abuse or Corruption) [50 U.S.C. 1701 note], which, among other things, implements the Global Magnitsky Human Rights Accountability Act (Public Law 114–328[, div. A, title XII, subtitle F]) [22 U.S.C. 10101 et seq.]. SEC. 7. Definitions. For purposes of this order: (a) ‘‘Country of particular concern’’ is defined as pro- vided in section 402(b)(1)(A) of the Act [22 U.S.C. 6442(b)(1)(A)]; (b) ‘‘Entity of particular concern’’ is defined as pro- vided in section 301 of the Frank R. Wolf International Religious Freedom Act (Public Law 114–281) [22 U.S.C. 6442a]; (c) ‘‘Special Watch List’’ is defined as provided in sec- tions 3(15) [22 U.S.C. 6402(15)] and 402(b)(1)(A)(iii) of the Act [22 U.S.C. 6442(b)(1)(A)(iii)]; and (d) ‘‘Violations of religious freedom’’ is defined as provided in section 3(16) of the Act [22 U.S.C. 6402(16)]. SEC. 8. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. DONALD J. TRUMP. § 6402. Definitions In this chapter: (1) Ambassador at Large The term ‘‘Ambassador at Large’’ means the Ambassador at Large for International Reli- gious Freedom appointed under section 6411(b) of this title. (2) Annual Report The term ‘‘Annual Report’’ means the An- nual Report on International Religious Free- dom described in section 6412(b) of this title. (3) Appropriate congressional committees The term ‘‘appropriate congressional com- mittees’’ means— (A) the Committee on Foreign Relations of the Senate and the Committee on Inter- national Relations of the House of Rep- resentatives; and (B) in the case of any determination made with respect to the taking of President 1 ac- tion under paragraphs (9) through (15) of sec- tion 6445(a) of this title, the term includes the committees described in subparagraph (A) and, where appropriate, the Committee on Banking and Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. (4) Commensurate action The term ‘‘commensurate action’’ means ac- tion taken by the President under section 6445(b) of this title. (5) Commission The term ‘‘Commission’’ means the United States Commission on International Religious Page 1799 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6402 2 See References in Text note below. Freedom established in section 6431(a) of this title. (6) Country Reports on Human Rights Prac- tices The term ‘‘Country Reports on Human Rights Practices’’ means the annual reports required to be submitted by the Department of State to Congress under sections 2151n(d) and 2304(b) of this title. (7) Executive Summary The term ‘‘Executive Summary’’ means the Executive Summary to the Annual Report, as described in section 6412(b)(1)(F) of this title. (8) Government or foreign government The term ‘‘government’’ or ‘‘foreign govern- ment’’ includes any agency or instrumentality of the government. (9) Human Rights Reports The term ‘‘Human Rights Reports’’ means all reports submitted by the Department of State to Congress under sections 2151n and 2304 of this title. (10) Institution of higher education The term ‘‘institution of higher education’’ has the meaning given that term in section 1001 of title 20. (11) Non-state actor The term ‘‘non-state actor’’ means a nonsov- ereign 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. (12) Office The term ‘‘Office’’ means the Office on Inter- national Religious Freedom established in sec- tion 6411(a) of this title. (13) Particularly severe violations of religious freedom The term ‘‘particularly severe violations of religious freedom’’ means systematic, ongo- ing, egregious violations of religious freedom, including violations such as— (A) torture or cruel, inhuman, or degrad- ing treatment or punishment; (B) prolonged detention without charges; (C) causing the disappearance of persons by the abduction or clandestine detention of those persons; or (D) other flagrant denial of the right to life, liberty, or the security of persons. (14) Special Adviser The term ‘‘Special Adviser’’ means the Spe- cial Adviser to the President on International Religious Freedom described in section 3021(i) of title 50.2 (15) Special Watch List The term ‘‘Special Watch List’’ means the Special Watch List described in section 6442(b)(1)(A)(iii) of this title. (16) Violations of religious freedom The term ‘‘violations of religious freedom’’ means violations of the internationally recog- nized right to freedom of religion and religious belief and practice, as set forth in the inter- national instruments referred to in section 6401(a)(2) of this title and as described in sec- tion 6401(a)(3) of this title, including viola- tions such as— (A) arbitrary prohibitions on, restrictions of, or punishment for— (i) assembling for peaceful religious ac- tivities such as worship, preaching, and prayer, including arbitrary registration re- quirements; (ii) speaking freely about one’s religious beliefs; (iii) changing one’s religious beliefs and affiliation; (iv) not professing a particular religion, or any religion; (v) possession and distribution of reli- gious literature, including Bibles; or (vi) raising one’s children in the reli- gious teachings and practices of one’s choice; or (B) any of the following acts if committed on account of an individual’s conscience, non-theistic views, or religious belief or practice: detention, interrogation, imposi- tion of an onerous financial penalty, forced labor, forced mass resettlement, imprison- ment, forced religious conversion, forcibly compelling non-believers or non-theists to recant their beliefs or to convert, beating, torture, mutilation, rape, enslavement, mur- der, and execution. (Pub. L. 105–292, § 3, Oct. 27, 1998, 112 Stat. 2790; Pub. L. 114–281, § 3, Dec. 16, 2016, 130 Stat. 1427.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 105–292, Oct. 27, 1998, 112 Stat. 2787, known as the International Religious Free- dom Act of 1998, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 6401 of this title and Tables. Section 3021(i) of title 50, referred to in par. (14), was redesignated section 3021(k) by Pub. L. 110–53, title XVIII, § 1841(g)(1), Aug. 3, 2007, 121 Stat. 500. AMENDMENTS 2016—Pars. (10) to (14). Pub. L. 114–281, § 3(2), (3), added pars. (10) and (11) and redesignated former pars. (10) to (12) as (12) to (14), respectively. Former par. (13) redes- ignated (16). Par. (15). Pub. L. 114–281, § 3(4), added par. (15). Par. (16). Pub. L. 114–281, § 3(1), redesignated par. (13) as (16). Par. (16)(A)(iv) to (vi). Pub. L. 114–281, § 3(5)(A), added cl. (iv) and redesignated former cls. (iv) and (v) as (v) and (vi), respectively. Par. (16)(B). Pub. L. 114–281, § 3(5)(B), inserted ‘‘con- science, non-theistic views, or’’ after ‘‘an individual’s’’ and ‘‘forcibly compelling non-believers or non-theists to recant their beliefs or to convert,’’ after ‘‘forced reli- gious conversion,’’. Page 1800 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6411 Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on International Relations of House of Representatives changed to Committee on Foreign Af- fairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Banking and Financial Services of House of Representatives abolished and replaced by Committee on Financial Services of House of Rep- resentatives, and jurisdiction over matters relating to securities and exchanges and insurance generally trans- ferred from Committee on Energy and Commerce of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. SUBCHAPTER I—DEPARTMENT OF STATE ACTIVITIES § 6411. Office on International Religious Free- dom; Ambassador at Large for International Religious Freedom (a) Establishment of Office There is established within the Department of State an Office on International Religious Free- dom that shall be headed by the Ambassador at Large for International Religious Freedom ap- pointed under subsection (b). (b) Appointment The Ambassador at Large shall be appointed by the President, by and with the advice and consent of the Senate, and shall report directly to the Secretary of State. (c) Duties The Ambassador at Large shall have the fol- lowing responsibilities: (1) In general The primary responsibilities of the Ambas- sador at Large shall be to— (A) advance the right to freedom of reli- gion abroad, to denounce the violation of that right, and to recommend appropriate responses by the United States Government when this right is violated; and (B) integrate United States international religious freedom policies and strategies into the foreign policy efforts of the United States. (2) Advisory role The Ambassador at Large shall be a prin- cipal adviser to the President and the prin- cipal adviser to the Secretary of State regard- ing matters affecting religious freedom abroad and, with advice from the Commission on International Religious Freedom, shall make recommendations regarding— (A) the policies of the United States Gov- ernment toward governments that violate freedom of religion or that fail to ensure the individual’s right to religious belief and practice; and (B) policies to advance the right to reli- gious freedom abroad. (3) Diplomatic representation Subject to the direction of the President and the Secretary of State, the Ambassador at Large is authorized to represent the United States in matters and cases relevant to reli- gious freedom abroad in— (A) contacts with foreign governments, intergovernmental organizations, and spe- cialized agencies of the United Nations, the Organization on Security and Cooperation in Europe, and other international organiza- tions of which the United States is a mem- ber; (B) multilateral conferences and meetings relevant to religious freedom abroad; and (C) contacts with nongovernmental organi- zations that have an impact on the state of religious freedom in their respective soci- eties or regions, or internationally. (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 reli- gious 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 in- terests, including in democracy promotion, stability, security, and development glob- ally. (5) Reporting responsibilities The Ambassador at Large shall have the re- porting responsibilities described in section 6412 of this title. (d) Funding The Secretary of State shall provide the Am- bassador at Large with such funds as may be necessary for the hiring of appropriate staff for the Office, including full-time equivalent posi- tions 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 chapter. 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 an- nual 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 Inter- national Religious Freedom Office. (Pub. L. 105–292, title I, § 101, Oct. 27, 1998, 112 Stat. 2791; Pub. L. 114–281, title I, § 101(a), Dec. 16, 2016, 130 Stat. 1428.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (d), was in the original ‘‘this Act’’, meaning Pub. L. 105–292, Oct. 27, 1998, 112 Stat. 2787, known as the International Reli- gious Freedom Act of 1998, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 6401 of this title and Tables. AMENDMENTS 2016—Subsec. (b). Pub. L. 114–281, § 101(a)(1), inserted before period at end ‘‘, and shall report directly to the Secretary of State’’.