[House Report 117-215]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 117-215
======================================================================
COMBATING INTERNATIONAL ISLAMOPHOBIA ACT
_______
December 13, 2021.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Meeks, from the Committee on Foreign Affairs, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 5665]
The Committee on Foreign Affairs, to whom was referred the
bill (H.R. 5665) to establish in the Department of State the
Office to Monitor and Combat Islamophobia, and for other
purposes, having considered the same, reports favorably thereon
with amendments and recommends that the bill as amended do
pass.
CONTENTS
Page
The Amendments................................................... 2
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 3
Hearings......................................................... 3
Committee Consideration.......................................... 4
Committee Oversight Findings..................................... 12
New Budget Authority, Tax Expenditures, and Federal Mandates..... 12
Congressional Budget Office Cost Estimate........................ 13
Non-Duplication of Federal Programs.............................. 13
Performance Goals and Objectives................................. 13
Congressional Accountability Act................................. 13
New Advisory Committees.......................................... 13
Earmark Identification........................................... 13
Section-by-Section Analysis...................................... 13
Dissenting Views................................................. 15
Changes in Existing Law Made by the Bill, as Reported............ 18
The Amendments
The amendments are as follows:
Page 2, line 20, strike ``Secretary of State'' and insert
``President, by and with the advice and consent of the
Senate,''.
Page 2, line 21, strike ``Secretary'' and insert
``President''.
Page 2, line 22, strike ``Secretary'' and insert
``President''.
Page 2, line 24, insert ``of State'' after ``Secretary''.
Page 5, line 10, strike ``; and'' and insert a semicolon.
Page 5, beginning line 12, strike ``;'' the first place it
appears and insert ``; and''.
Page 5, line 12, insert the following at the end of the
matter to be added as paragraph (9) (and before the close
quotation marks):
(F) any instances of forced labor,
reeducation, or the presence of concentration
camps, such as those targeting the Uyghurs in
the Xinjiang Province of the People's Republic
of China;
Page 6, line 15, strike ``; and'' and insert a semicolon.
Page 6, line 17, strike the period the first place it appears
and insert ``; and''.
Page 6, line 17, insert the following at the end of the
matter to be added as subsection (k) (and before the close
quotation marks):
(6) any instances of forced labor, reeducation, or
the presence of concentration camps, such as those
targeting the Uyghurs in the Xinjiang Province of the
People's Republic of China.
Page 7, line 16, strike ``; and'' and insert a semicolon.
Page 7, line 25, strike the period the first place it appears
and insert ``; and''.
Page 7, line 25, insert the following at the end of the
matter to be added as clause (viii) (and before the close
quotation marks):
(III) any instances of forced
labor, reeducation, or the
presence of concentration
camps, such as those targeting
the Uyghurs in the Xinjiang
Province of the People's
Republic of China.
Add at the end the following:
SEC. 4. PROHIBITION.
No funds made available pursuant to this Act or an amendment
made by this Act may be used to promote or endorse a Boycott,
Divestment, Sanctions (BDS) movement ideology or used to
promote or endorse a Muslim ban, such as the one instituted by
former President Trump.
Purpose and Summary
H.R. 5665, the Combating International Islamophobia Act,
serves to establish an Office to Monitor and Combat
Islamophobia within the Department of State. It would provide
the Secretary of State the authority to appoint a Special Envoy
for Monitoring and Combating Islamophobia. It would also
provide for enhanced reporting on Islamophobic activities in
foreign countries in State Department human rights reporting.
Background and Need for Legislation
Both in the United States and around the world, anti-Muslim
sentiment and violence has risen at an alarming rate. In the
days following the terror attacks on 9/11, hate crimes against
Muslims in the United States rose a staggering 1,617% from 2000
to 2001, according to the Federal Bureau of Investigation.
Twenty years after those attacks, Islamophobia continues to
remain rampant.
Islamophobic incidents against Muslim Americans have
resulted in hate crimes of various forms. Mosques have been
vandalized, Muslims have been beaten and attacked, and elected
officials have received death threats and other forms of
hateful rhetoric on the basis of their faith. According to the
Department of Homeland Security, Islamophobia is one of several
drivers from which domestic violent extremism, described by
Secretary Alejandro Mayorkas as the ``most lethal and
persistent terrorism-related threat to our country today,'' is
inspired.
Islamophobia is a global problem. Muslim refugees have been
met with xenophobia around the world. In 2019, 51 Muslim
worshippers were murdered and 40 others were left injured by a
gunman in a New Zealand mosque, the worst in the nation's
history. Since 2017, nearly a million Muslim ethnic Rohingya
are estimated to have fled widespread atrocities and human
rights abuses in Burma. In addition, the world is bearing
witness to a horrific genocide being committed by the People's
Republic of China against Uyghur Muslims, with over a million
detained and subjected to mass internment, political
indoctrination, forced labor, and other unconscionable abuses.
By harnessing the Department of State's resources and
status as a global leader in promoting peace and human rights,
a Special Envoy for Monitoring and Combating Islamophobia would
be uniquely positioned to combat the rising tide of
Islamophobia.
Hearings
In compliance with clause 3(c) of rule XIII of the Rules of
the House of Representatives, the following Committee or
Subcommittee hearings were used to develop or consider H.R.
5665, the Combating International Islamophobia Act:
On February 24, 2021, the Full Committee hearing entitled,
``Restoring Diplomacy and Development in a Fracturing World.''
Witnesses included Anne-Marie Slaughter, CEO of New America;
the Honorable Gayle Smith, CEO of One Campaign; the Honorable
Reuben Brigety, Vice Chancellor of the University of the South;
the Honorable Ryan Crocker, Nonresident Senior Fellow of
Carnegie Endowment for International Peace.
On March 10, 2021, the Full Committee hearing entitled,
``The Biden Administration's Priorities for U.S. Foreign
Policy.'' The hearing witness was the Honorable Secretary of
State Antony Blinken, the 71st United States Secretary of
State.
On May 6, 2021, the Full Committee hearing entitled, ``The
Atrocities Against Uyghurs and Other Minorities in Xinjiang.''
Witnesses included the Honorable Nury Turkel, Chairman of the
Board of the Uyghur Human Rights Project; Tursunay Ziyawudun,
survivor and advocate; James A. Millward, Professor of Inter-
Societal History in the Walsh School of Foreign Service,
Georgetown University.
On June 7, 2021, the Full Committee hearing entitled, ``The
State Department's Foreign Policy Strategy and FY22 Budget
Request.'' The hearing witness was the Honorable Antony
Blinken, the 71st United States Secretary of State.
On June 16, 2021, the Full Committee hearing entitled,
``The Biden Administration's Priorities for Engagement with the
United Nations.'' The hearing witness was the Honorable Linda
Thomas-Greenfield, the 31st United States Ambassador to the
United Nations.
Committee Consideration
The Committee considered H.R. 5665, the Combating
International Islamophobia Act on December 9, 2021 and December
10, 2021, and ordered the measure, as amended, to be favorably
reported to the House of Representatives (roll call 27Y-16N).
Amendments considered separately:
Mast Amendment #63: Requires the inclusion of
intra-communal violence to be considered Islamophobic (not
adopted, roll call vote 26N-17Y)
Members voting NO (26)
Gregory W. Meeks, D-NY
Brad Sherman, D-CA
Albio Sires, D-NJ
Gerald E. Connolly, D-VA
Theodore E. Deutch, D-FL
Karen Bass, D-CA
William R. Keating, D-MA
David N. Cicilline, D-RI
Ami Bera, D-CA
Joaquin Castro, D-TX
Dina Titus, D-NV
Ted Lieu, D-CA
Susan Wild, D-PA
Dean Phillips, D-MN
Ilhan Omar, D-MN
Colin Allred, D-TX
Andy Levin, D-MI
Abigail Spanberger, D-VA
Chrissy Houlahan, D-PA
Tom Malinowski, D-NJ
Andy Kim, D-NJ
Kathy Manning, D-NC
Jim Costa, D-CA
Juan Vargas, D-CA
Vicente Gonzalez, D-TX
Brad Schneider, D-IL
Members voting AYE (17)
Michael T. McCaul, R-TX
Steve Chabot, R-OH
Joe Wilson, R-SC
Scott Perry, R-PA
Darrell Issa, R-OH
Lee Zeldin, R-NY
Ann Wagner, R-MO
Brian Mast, R-FL
Brian Fitzpatrick, R-PA
Tim Burchett, R-TN
Andy Barr, R-KY
Greg Steube, R-FL
Dan Meuser, R-PA
Claudia Tenney, R-NY
August Pfluger, R-TX
Nicole Malliotakis, R-NY
Peter Meijer, R-MI
Mast Amendment #64: Requires the advice and
consent of the Senate for special envoy position (adopted,
voice vote)
Chabot Amendment #30: Provides a definition
limiting what could be considered Islamophobic (not adopted,
roll call vote 27N-17Y)
Members voting NO (27)
Gregory W. Meeks, D-NY
Brad Sherman, D-CA
Albio Sires, D-NJ
Gerald E. Connolly, D-VA
Theodore E. Deutch, D-FL
Karen Bass, D-CA
William R. Keating, D-MA
David N. Cicilline, D-RI
Ami Bera, D-CA
Joaquin Castro, D-TX
Dina Titus, D-NV
Ted Lieu, D-CA
Susan Wild, D-PA
Dean Phillips, D-MN
Ilhan Omar, D-MN
Colin Allred, D-TX
Andy Levin, D-MI
Abigail Spanberger, D-VA
Chrissy Houlahan, D-PA
Tom Malinowski, D-NJ
Andy Kim, D-NJ
Sara Jacobs, D-CA
Kathy Manning, D-NC
Jim Costa, D-CA
Juan Vargas, D-CA
Vicente Gonzalez, D-TX
Brad Schneider, D-IL
Members voting AYE (17)
Michael T. McCaul, R-TX
Steve Chabot, R-OH
Joe Wilson, R-SC
Scott Perry, R-PA
Darrell Issa, R-OH
Lee Zeldin, R-NY
Ann Wagner, R-MO
Brian Mast, R-FL
Brian Fitzpatrick, R-PA
Tim Burchett, R-TN
Andy Barr, R-KY
Greg Steube, R-FL
Dan Meuser, R-PA
Claudia Tenney, R-NY
August Pfluger, R-TX
Nicole Malliotakis, R-NY
Peter Meijer, R-MI
Pfluger Amendment #64: Prohibits funds used to
promote or endorse a BDS movement (adopted, voice vote)
Malinowski Amendment #4 to Pfluger Amendment #64:
Prohibits funds to be used to promote or endorse a Muslim Ban
(adopted, voice vote)
Green Amendment #68: Adds forced labor,
reeducation, or concentration camps targeted at Muslim
populations as a specific type of Islamophobia (adopted, roll
call vote 39Y-5N)
Members voting AYE (39)
Gregory W. Meeks, D-NY
Brad Sherman, D-CA
Albio Sires, D-NJ
Gerald E. Connolly, D-VA
Theodore E. Deutch, D-FL
Karen Bass, D-CA
William R. Keating, D-MA
David N. Cicilline, D-RI
Ami Bera, D-CA
Dina Titus, D-NV
Ted Lieu, D-CA
Susan Wild, D-PA
Dean Phillips, D-MN
Abigail Spanberger, D-VA
Chrissy Houlahan, D-PA
Tom Malinowski, D-NJ
Andy Kim, D-NJ
Kathy Manning, D-NC
Jim Costa, D-CA
Juan Vargas, D-CA
Vicente Gonzalez, D-TX
Brad Schneider, D-IL
Michael T. McCaul, R-TX
Steve Chabot, R-OH
Joe Wilson, R-SC
Scott Perry, R-PA
Darrell Issa, R-OH
Lee Zeldin, R-NY
Ann Wagner, R-MO
Brian Mast, R-FL
Brian Fitzpatrick, R-PA
Tim Burchett, R-TN
Andy Barr, R-KY
Greg Steube, R-FL
Dan Meuser, R-PA
Claudia Tenney, R-NY
August Pfluger, R-TX
Nicole Malliotakis, R-NY
Peter Meijer, R-MI
Members voting NO (5)
Joaquin Castro, D-TX
Ilhan Omar, D-MN
Colin Allred, D-TX
Andy Levin, D-MI
Sara Jacobs, D-CA
Perry Amendment #444: Prohibits the office from
assessing any action, including counterterrorism measures taken
by the Israeli government (not adopted, roll call vote 27N-16Y)
Members voting NO (27)
Gregory W. Meeks, D-NY
Brad Sherman, D-CA
Albio Sires, D-NJ
Gerald E. Connolly, D-VA
Theodore E. Deutch, D-FL
Karen Bass, D-CA
William R. Keating, D-MA
David N. Cicilline, D-RI
Ami Bera, D-CA
Joaquin Castro, D-TX
Dina Titus, D-NV
Ted Lieu, D-CA
Susan Wild, D-PA
Dean Phillips, D-MN
Ilhan Omar, D-MN
Colin Allred, D-TX
Andy Levin, D-MI
Abigail Spanberger, D-VA
Chrissy Houlahan, D-PA
Tom Malinowski, D-NJ
Andy Kim, D-NJ
Sara Jacobs, D-CA
Kathy Manning, D-NC
Jim Costa, D-CA
Juan Vargas, D-CA
Vicente Gonzalez, D-TX
Brad Schneider, D-IL
Members voting AYE (16)
Michael T. McCaul, R-TX
Steve Chabot, R-OH
Joe Wilson, R-SC
Scott Perry, R-PA
Lee Zeldin, R-NY
Ann Wagner, R-MO
Brian Mast, R-FL
Brian Fitzpatrick, R-PA
Tim Burchett, R-TN
Andy Barr, R-KY
Greg Steube, R-FL
Dan Meuser, R-PA
Claudia Tenney, R-NY
August Pfluger, R-TX
Nicole Malliotakis, R-NY
Peter Meijer, R-MI
Chabot Amendment #31: Restricts the Office to
focus solely on the Uyghur genocide (not adopted, roll call
vote 27N-16Y)
Members voting NO (27)
Gregory W. Meeks, D-NY
Brad Sherman, D-CA
Albio Sires, D-NJ
Gerald E. Connolly, D-VA
Theodore E. Deutch, D-FL
Karen Bass, D-CA
William R. Keating, D-MA
David N. Cicilline, D-RI
Ami Bera, D-CA
Joaquin Castro, D-TX
Dina Titus, D-NV
Ted Lieu, D-CA
Susan Wild, D-PA
Dean Phillips, D-MN
Ilhan Omar, D-MN
Colin Allred, D-TX
Andy Levin, D-MI
Abigail Spanberger, D-VA
Chrissy Houlahan, D-PA
Tom Malinowski, D-NJ
Andy Kim, D-NJ
Sara Jacobs, D-CA
Kathy Manning, D-NC
Jim Costa, D-CA
Juan Vargas, D-CA
Vicente Gonzalez, D-TX
Brad Schneider, D-IL
Members voting AYE (16)
Michael T. McCaul, R-TX
Steve Chabot, R-OH
Joe Wilson, R-SC
Scott Perry, R-PA
Lee Zeldin, R-NY
Ann Wagner, R-MO
Brian Mast, R-FL
Brian Fitzpatrick, R-PA
Tim Burchett, R-TN
Andy Barr, R-KY
Greg Steube, R-FL
Dan Meuser, R-PA
Claudia Tenney, R-NY
August Pfluger, R-TX
Nicole Malliotakis, R-NY
Peter Meijer, R-MI
Perry Amendment #445: Prohibits members of certain
NGOs from working in the Office to Monitor and Combat
Islamophobia (not adopted, roll call vote 27N-17Y)
Members voting NO (27)
Gregory W. Meeks, D-NY
Brad Sherman, D-CA
Albio Sires, D-NJ
Gerald E. Connolly, D-VA
Theodore E. Deutch, D-FL
Karen Bass, D-CA
William R. Keating, D-MA
David N. Cicilline, D-RI
Ami Bera, D-CA
Joaquin Castro, D-TX
Dina Titus, D-NV
Ted Lieu, D-CA
Susan Wild, D-PA
Dean Phillips, D-MN
Ilhan Omar, D-MN
Colin Allred, D-TX
Andy Levin, D-MI
Abigail Spanberger, D-VA
Chrissy Houlahan, D-PA
Tom Malinowski, D-NJ
Andy Kim, D-NJ
Sara Jacobs, D-CA
Kathy Manning, D-NC
Jim Costa, D-CA
Juan Vargas, D-CA
Vicente Gonzalez, D-TX
Brad Schneider, D-IL
Members voting AYE (17)
Michael T. McCaul, R-TX
Steve Chabot, R-OH
Joe Wilson, R-SC
Scott Perry, R-PA
Darrell Issa, R-CA
Lee Zeldin, R-NY
Ann Wagner, R-MO
Brian Mast, R-FL
Brian Fitzpatrick, R-PA
Tim Burchett, R-TN
Andy Barr, R-KY
Greg Steube, R-FL
Dan Meuser, R-PA
Claudia Tenney, R-NY
August Pfluger, R-TX
Nicole Malliotakis, R-NY
Peter Meijer, R-MI
Perry Amendment #446: Prohibits certain actions by
Poland, Lithuania, and Latvia from being considered as
Islamophobic (not adopted, roll call vote 26N-17Y)
Members voting NO (26)
Gregory W. Meeks, D-NY
Brad Sherman, D-CA
Albio Sires, D-NJ
Gerald E. Connolly, D-VA
Theodore E. Deutch, D-FL
Karen Bass, D-CA
William R. Keating, D-MA
David N. Cicilline, D-RI
Ami Bera, D-CA
Joaquin Castro, D-TX
Dina Titus, D-NV
Ted Lieu, D-CA
Susan Wild, D-PA
Dean Phillips, D-MN
Ilhan Omar, D-MN
Colin Allred, D-TX
Andy Levin, D-MI
Abigail Spanberger, D-VA
Chrissy Houlahan, D-PA
Tom Malinowski, D-NJ
Andy Kim, D-NJ
Sara Jacobs, D-CA
Kathy Manning, D-NC
Jim Costa, D-CA
Juan Vargas, D-CA
Brad Schneider, D-IL
Members voting AYE (17)
Michael T. McCaul, R-TX
Steve Chabot, R-OH
Joe Wilson, R-SC
Scott Perry, R-PA
Darrell Issa, R-CA
Lee Zeldin, R-NY
Ann Wagner, R-MO
Brian Mast, R-FL
Brian Fitzpatrick, R-PA
Tim Burchett, R-TN
Andy Barr, R-KY
Greg Steube, R-FL
Dan Meuser, R-PA
Claudia Tenney, R-NY
August Pfluger, R-TX
Nicole Malliotakis, R-NY
Peter Meijer, R-MI
Perry Amendment #1: Sense of Congress (not
adopted, roll call vote 28N-15Y)
Members voting NO (28)
Gregory W. Meeks, D-NY
Brad Sherman, D-CA
Albio Sires, D-NJ
Gerald E. Connolly, D-VA
Theodore E. Deutch, D-FL
Karen Bass, D-CA
William R. Keating, D-MA
David N. Cicilline, D-RI
Ami Bera, D-CA
Joaquin Castro, D-TX
Dina Titus, D-NV
Ted Lieu, D-CA
Susan Wild, D-PA
Dean Phillips, D-MN
Ilhan Omar, D-MN
Colin Allred, D-TX
Andy Levin, D-MI
Abigail Spanberger, D-VA
Chrissy Houlahan, D-PA
Tom Malinowski, D-NJ
Andy Kim, D-NJ
Sara Jacobs, D-CA
Kathy Manning, D-NC
Jim Costa, D-CA
Juan Vargas, D-CA
Vicente Gonzalez, D-TX
Brad Schneider, D-IL
Peter Meijer, R-MI
Members voting AYE (15)
Michael T. McCaul, R-TX
Steve Chabot, R-OH
Joe Wilson, R-SC
Scott Perry, R-PA
Lee Zeldin, R-NY
Ann Wagner, R-MO
Brian Mast, R-FL
Brian Fitzpatrick, R-PA
Tim Burchett, R-TN
Andy Barr, R-KY
Greg Steube, R-FL
Dan Meuser, R-PA
Claudia Tenney, R-NY
August Pfluger, R-TX
Nicole Malliotakis, R-NY
H.R. 5665 was ordered favorably reported, as
amended, to the House of Representatives (roll call vote 27Y-
16N).
Members voting AYE (27)
Gregory W. Meeks, D-NY
Brad Sherman, D-CA
Albio Sires, D-NJ
Gerald E. Connolly, D-VA
Theodore E. Deutch, D-FL
Karen Bass, D-CA
William R. Keating, D-MA
David N. Cicilline, D-RI
Ami Bera, D-CA
Joaquin Castro, D-TX
Dina Titus, D-NV
Ted Lieu, D-CA
Susan Wild, D-PA
Dean Phillips, D-MN
Ilhan Omar, D-MN
Colin Allred, D-TX
Andy Levin, D-MI
Abigail Spanberger, D-VA
Chrissy Houlahan, D-PA
Tom Malinowski, D-NJ
Andy Kim, D-NJ
Sara Jacobs, D-CA
Kathy Manning, D-NC
Jim Costa, D-CA
Juan Vargas, D-CA
Vicente Gonzalez, D-TX
Brad Schneider, D-IL
Members voting NO (16)
Michael T. McCaul, R-TX
Steve Chabot, R-OH
Joe Wilson, R-SC
Scott Perry, R-PA
Lee Zeldin, R-NY
Ann Wagner, R-MO
Brian Mast, R-FL
Brian Fitzpatrick, R-PA
Tim Burchett, R-TN
Andy Barr, R-KY
Greg Steube, R-FL
Dan Meuser, R-PA
Claudia Tenney, R-NY
August Pfluger, R-TX
Nicole Malliotakis, R-NY
Peter Meijer, R-MI
Committee Oversight Findings
In compliance with Clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee reports that the
findings and recommendations of the Committee, based on
oversight activities under Clause 2(b)(1) of rule X of the
House of Representatives, are incorporated in the descriptive
portions of this report, particularly in the ``Purpose of
Legislation,'' ``Background and Need for Legislation,'' and
``Section-by-Section Analysis''' sections.
New Budget Authority, Tax Expenditures, and
Federal Mandates
In compliance with clause 3(c)(2) of House Rule XIII and
the Unfunded Mandates Reform Act (P.L. 104-4), the committee
adopts as its own the estimate of new budget authority,
entitlement authority, tax expenditure or revenues, and Federal
mandates contained in the cost estimate prepared by the
Director of the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974.
Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of Congressional Budget Office. The Committee adopts
as its own cost estimate the forthcoming cost estimate of the
Director of the Congressional Budget Office, should such cost
estimate be made available before House passage of the bill.
Non-Duplication of Federal Programs
Pursuant to clause 3(c)(5) of House Rule XIII, the
committee states that no provision of this bill establishes or
reauthorizes a program of the Federal Government known to be
duplicative of another Federal program, a program that was
included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-
139, or a program related to a program identified in the most
recent Catalog of Federal Domestic Assistance.
Performance Goals and Objectives
The Act is intended to create a dedicated office at the
State Department that can report on, and counter, acts of
violence and discrimination against Muslim communities abroad.
The key performance goal associated with this objective is for
Congress to receive enhanced reporting on Islamophobia and to
establish a dedicated State Department office to combat
Islamophobia around the world.
Congressional Accountability Act
H.R. 5665 does not apply to terms and conditions of
employment or to access to public services or accommodations
within the legislative branch.
New Advisory Committees
H.R. 5665 does not establish or authorize any new advisory
committees.
Earmark Identification
H.R. 5665 contains no congressional earmarks, limited tax
benefits, or limited tariff benefits as described in clauses
9(e), 9(f), and 9(g) of House Rule XXI.
Section-by-Section Analysis
Section 1. Short title
Section 2. Authorization for establishment of Office to Monitor and
Combat Islamophobia
This section provides the authorization for the
establishment of an Office to Monitor and Combat Islamophobia
at the State Department. It also provides the authority to the
Secretary of State to appoint a Special Envoy for Monitoring
and Combating Islamophobia.
Section 3. Inclusion in Department of State annual reports of
information concerning acts of Islamophobia in foreign
countries
This section requires the State Department to include in
annual country reports on human rights practices reporting on
the abuse of Muslim communities and individuals around the
world.
DISSENTING VIEWS
All of us on the Committee on Foreign Affairs deplore and
condemn anti-Muslim persecution, everywhere and anywhere. No
one should ever be attacked or denied their human rights or
dignity because of their religious faith. But serious, ongoing
attempts at monitoring and combating persecution are preferable
to rushed, partisan efforts that amount to nothing more than
divisive window dressing.
All of us are committed to opposing the heinous acts of
violence we have seen directed at Muslims around the world. We
were horrified and outraged by the 2016 shooting in a Swiss
Islamic center, the 2017 attack during evening prayers at a
Quebec mosque, and the 2019 attack on two mosques in
Christchurch, New Zealand that killed 51 people. The hateful
perpetrators of violence against Muslims must be prosecuted and
punished.
That commitment, however, must also apply when the
perpetrators are foreign regimes, and especially when those
crimes rise to the level of genocide. The genocide committed by
the Burmese military against the Rohingya Muslims starting in
late 2016 involved some of the most disturbing and
heartbreaking atrocities of our generation. Hundreds of
thousands of Rohingya are still displaced, homeless, and
vulnerable.
Today--at this very moment--the Chinese Communist Party is
committing genocide against Uyghur Muslims. Somewhere between
one and three million are held in camps. They are being
exploited for slave labor and suffering systematic sexual
violence. Families are being torn apart, and the CCP prohibits
parents from teaching their Islamic faith to their children.
Women are suffering forced sterilization and forced abortion,
as part of a concerted campaign to suppress Uyghur Muslim birth
rates.
Members on our side of the aisle take a back seat to no one
in our efforts to combat these anti-Muslim atrocities. In fact,
many of us are frustrated that House Democrat Leadership caved
to the Biden Administration's efforts to delay a strong U.S.
response to the Uyghur Muslim genocide, rather than sending the
bipartisan, Senate-passed Uyghur Forced Labor Prevention Act to
the President's desk last week. Even that dilatory step was
only taken after the press highlighted that House leadership
had been sitting on the unanimously passed Senate bill for five
months, as well as the House companion that passed this chamber
406 to 3 last year.
The deliberately partisan bill before us today has no
Republican cosponsors, and committee Democrats made no effort
to work toward a mutually agreeable approach prior to markup.
It seems less like a serious legislative effort to enact a
necessary law, than a rushed, partisan sop to the most
progressive wing of the Democrat party.
The bill does not condemn persecution or gross violations
of internationally recognized human rights against Muslims, and
Democrats voted down an amendment that would have appropriately
focused the new office's efforts of the plight of the Uyghurs
and Rohingya, in particular.
Instead, H.R. 5665, creates a duplicative office and a new
special envoy position in the State Department, which it
charges with combating ``Islamophobia and Islamophobic
incitement,'' two deliberately vague terms that appear nowhere
in federal statute and are defined nowhere in the bill.
This partisan proposal is not addressing genuine--or even
claimed--shortcomings in the State Department's human rights
and religious freedom efforts on behalf of persecuted Muslims
around the world. Those efforts are already robust and on par
with State's efforts on behalf of persecuted Christians and
other religious adherents, who also do not have their own
special envoys. Monitoring and reporting are already detailed
and occur regularly, carried out by human rights officers at
our embassies around the world, as well as by State's Bureau of
Democracy, Human Rights, and Labor, its Office of International
Religious Freedom, and the United States Commission on
International Religious Freedom. The current nominee to serve
as the Special Envoy for International Religious Freedom,
Rashad Hussein, is a prominent Muslim-American. The annual
Country Reports on Human Rights Practices include detailed
country-specific narratives of human rights violations
targeting Muslims. The annual Report on International Religious
Freedom describes in detail the count1y-specific challenges and
abuses faced by Muslims because of their faith, as well as U.S.
Government policy and engagement to address such challenges.
Creating a new envoy and office would duplicate these
preexisting efforts and futher fragment the human rights
advocacy conducted by U.S. diplomats, increasing the potential
for conflict and delays in policy formulation and clearances.
Further, the State Department requested extensive changes to
the bill, which have not been incorporated into the bill text.
The deliberate absence of key definitions for unprecedented
statutory terms is troubling. At markup, committee Democrats
rejected all efforts to clarify what does or does not
constitute ``Islamophobia and Islamophobic incitement.'' The
Chairman himself stated that such determinations should be left
completely up to ``relevant actors at the State Department.''
But unlike ``gross violations of internationally recognized
human rights,'' which has a statutory pedigree, State has no
experience or competence in assessing ``phobias''' or other
subjective states of mind.
As Representatives Chabot and Zeldin, among others, have
pointed out, there are genuine concerns that the vague,
undefined terms of the bill could capture legitimate speech and
make critics of radical Islamist extremism the targets of the
new special envoy and its office. The envoy and office could
proceed with a partisan agenda and single out groups,
governments, and individuals who do not share their political
inclinations. Sadly, committee markup provided ample evidence
for such concern, with Democrat Members irresponsibly referring
to Republican amendments as ``Islamophobic and racist'' and to
Republicans as ``violently Islamophobic.''
When, in isolated cases, the teachings of Islam are invoked
to justify acts of terror, the demeaning treatment of women,
anti-Semitic or anti-Israel incitement (including in school
texbooks), and other troubling occurrences, that use should be
condemned without fear that such criticism will be labeled
``Islamophobic'' by official U.S. government representatives.
In sum, the Democrat majority deliberately ignored requests
by the State Department and Republican members of Congress to
address real redundancies and ambiguities in Representative
Omar's bill. They appear determined to proceed with a divisive
partisan charade, rather than to stand together in opposing
anti-Muslim violence and persecution that all of us deplore.
The bill is deeply flawed and should be strongly opposed.
Michael T. McCaul,
Ranking Member.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956
* * * * * * *
TITLE I--BASIC AUTHORITIES GENERALLY
* * * * * * *
SEC. 64. MONITORING AND COMBATING ISLAMOPHOBIA.
(a) Office to Monitor and Combat Islamophobia.--
(1) Establishment.--The Secretary of State shall
establish within the Department of State an Office to
Monitor and Combat Islamophobia (in this section
referred to as the ``Office'').
(2) Head of office.--
(A) Special envoy for monitoring and
combating islamophobia.--The head of the Office
shall be the Special Envoy for Monitoring and
Combating Islamophobia (in this section
referred to as the ``Special Envoy'').
(B) Appointment of special envoy.--The
President, by and with the advice and consent
of the Senate shall appoint the Special Envoy.
If the President determines that such is
appropriate, the President may appoint the
Special Envoy from among officers and employees
of the Department of State. The Secretary of
State may allow such officer or employee to
retain the position (and the responsibilities
associated with such position) held by such
officer or employee prior to such appointment.
(b) Purpose of Office.--Upon establishment, the Office shall
assume primary responsibility for the following:
(1) Monitoring and combating acts of Islamophobia and
Islamophobic incitement that occur in foreign
countries.
(2) Coordinating and assisting in the preparation of
that portion of the reports required by paragraph (9)
of section 116(d) and subsection (k) of section 502B of
the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)
and 2304) relating to an assessment and description of
the nature and extent of acts of Islamophobia and
Islamophobic incitement.
(3) Coordinating and assisting in the preparation of
that portion of the report required by clause (viii) of
section 102(b)(1)(A) of the International Religious
Freedom Act of 1998 (22 U.S.C. 6412(b)(1)(A)) relating
to an assessment and description of the nature and
extent of acts of Islamophobia and Islamophobic
incitement.
(c) Consultations.--The Special Envoy shall consult with
domestic and international nongovernmental organizations and
multilateral organizations and institutions, as the Special
Envoy considers appropriate, to carry out this section.
* * * * * * *
----------
FOREIGN ASSISTANCE ACT OF 1961
* * * * * * *
PART I
Chapter 1--Policy; Development Assistance Authorizations
* * * * * * *
Sec. 116. Human Rights.--(a) No assistance may be provided
under this part to the government of any country which engages
in a consistent pattern of gross violations of internationally
recognized human rights, including torture or cruel, inhuman,
or degrading treatment or punishment, prolonged detention
without charges, causing the disappearance of persons by the
abduction and clandestine detention of those persons, or other
flagrant denial of the right to life, liberty, and the security
of person, unless such assistance will directly benefit the
needy people in such country.
(b) In determining whether this standard is being met with
regard to funds allocated under this part, the Committee on
Foreign Relations of the Senate or the Committee on Foreign
Affairs of the House of Representatives may require the
Administrator primarily responsible for administering part I of
this Act to submit in writing information demonstrating that
such assistance will directly benefit the needy people in such
country, together with a detailed explanation of the assistance
to be provided (including the dollar amounts of such
assistance) and an explanation of how such assistance will
directly benefit the needy people in such country. If either
committee or either House of Congress disagrees with the
Administrator's justification it may initiate action to
terminate assistance to any country by a concurrent resolution
under section 617 of this Act.
(b) No assistance may be provided to any government failing
to take appropriate and adequate measures, within their means,
to protect children from exploitation, abuse or forced
conscription into military or paramilitary services.
(c) In determining whether or not a government falls within
the provisions of subsection (a) and in formulating development
assistance programs under this part, the Administrator shall
consider, in consultation with the Assistant Secretary of State
for Democracy, Human Rights, and Labor and in consultation with
the Ambassador at Large for International Religious Freedom--
(1) the extent of cooperation of such government in
permitting an unimpeded investigation of alleged
violations of internationally recognized human rights
by appropriate international organizations, including
the International Committee of the Red Cross, or groups
or persons acting under the authority of the United
Nations or of the Organization of American States;
(2) specific actions which have been taken by the
President or the Congress relating to multilateral or
security assistance to a less developed country because
of the human rights practices or policies of such
country; and
(3) whether the government--
(A) has engaged in or tolerated particularly
severe violations of religious freedom, as
defined in section 3 of the International
Religious Freedom Act of 1998; or
(B) has failed to undertake serious and
sustained efforts to combat particularly severe
violations of religious freedom (as defined in
section 3 of the International Religious
Freedom Act of 1998), when such efforts could
have been reasonably undertaken.
(d) The Secretary of State shall transmit to the Speaker of
the House of Representatives and the Committee on Foreign
Relations of the Senate, by February 25 of each year, a full
and complete report regarding--
(1) the status of internationally recognized human
rights, within the meaning of subsection (a)--
(A) in countries that receive assistance
under this part, and
(B) in all other foreign countries which are
members of the United Nations and which are not
otherwise the subject of a human rights report
under this Act;
(2) wherever applicable, practices regarding coercion
in population control, including coerced abortion and
involuntary sterilization;
(3) the status of child labor practices in each
country, including--
(A) whether such country has adopted policies
to protect children from exploitation in the
workplace, including a prohibition of forced
and bonded labor and policies regarding
acceptable working conditions; and
(B) the extent to which each country enforces
such policies, including the adequacy of the
resources and oversight dedicated to such
policies;
(4) the votes of each member of the United Nations
Commission on Human Rights on all country-specific and
thematic resolutions voted on at the Commission's
annual session during the period covered during the
preceding year;
(5) the extent to which each country has extended
protection to refugees, including the provision of
first asylum and resettlement;
(6) the steps the Administrator has taken to alter
United States programs under this part in any country
because of human rights considerations;
(7) wherever applicable, violations of religious
freedom, including particularly severe violations of
religious freedom (as defined in section 3 of the
International Religious Freedom Act of 1998);
(8) wherever applicable, a description of the nature
and extent of acts of anti-Semitism and anti-Semitic
incitement that occur during the preceding year,
including descriptions of--
(A) acts of physical violence against, or
harassment of Jewish people, and acts of
violence against, or vandalism of Jewish
community institutions, including schools,
synagogues, and cemeteries;
(B) instances of propaganda in government and
nongovernment media that attempt to justify or
promote racial hatred or incite acts of
violence against Jewish people;
(C) the actions, if any, taken by the
government of the country to respond to such
violence and attacks or to eliminate such
propaganda or incitement;
(D) the actions taken by such government to
enact and enforce laws relating to the
protection of the right to religious freedom of
Jewish people; and
(E) the efforts of such government to promote
anti-bias and tolerance education;
(9) wherever applicable, a description of the nature
and extent of acts of Islamophobia and Islamophobic
incitement that occur during the preceding year,
including descriptions of--
(A) acts of physical violence against, or
harassment of, Muslim people, and acts of
violence against, or vandalism of, Muslim
community institutions, including schools,
mosques, and cemeteries;
(B) instances of propaganda in government and
nongovernment media that attempt to justify or
promote racial hatred or incite acts of
violence against Muslim people;
(C) the actions, if any, taken by the
government of the country to respond to such
violence and attacks or to eliminate such
propaganda or incitement;
(D) the actions taken by such government to
enact and enforce laws relating to the
protection of the right to religious freedom of
Muslim people;
(E) the efforts of such government to promote
anti-bias and tolerance education; and
(F) any instances of forced labor,
reeducation, or the presence of concentration
camps, such as those targeting the Uyghurs in
the Xinjiang Province of the People's Republic
of China;
[(9)] (10) wherever applicable, consolidated
information regarding the commission of war crimes,
crimes against humanity, and evidence of acts that may
constitute genocide (as defined in article 2 of the
Convention on the Prevention and Punishment of the
Crime of Genocide and modified by the United States
instrument of ratification to that convention and
section 2(a) of the Genocide Convention Implementation
Act of 1987);
[(10)] (11) for each country with respect to which
the report indicates that extrajudicial killings,
torture, or other serious violations of human rights
have occurred in the country, the extent to which the
United States has taken or will take action to
encourage an end to such practices in the country;
[(11)] (12)(A) wherever applicable, a description of
the nature and extent--
(i) of the compulsory recruitment and
conscription of individuals under the age of 18
by armed forces of the government of the
country, government-supported paramilitaries,
or other armed groups, and the participation of
such individuals in such groups; and
(ii) that such individuals take a direct part
in hostilities;
(B) what steps, if any, taken by the government of
the country to eliminate such practices;
(C) such other information related to the use by such
government of individuals under the age of 18 as
soldiers, as determined to be appropriate by the
Secretary; and
[(12)] (13) wherever applicable--
(A) a description of the status of freedom of
the press, including initiatives in favor of
freedom of the press and efforts to improve or
preserve, as appropriate, the independence of
the media, together with an assessment of
progress made as a result of those efforts;
(B) an identification of countries in which
there were violations of freedom of the press,
including direct physical attacks,
imprisonment, indirect sources of pressure, and
censorship by governments, military,
intelligence, or police forces, criminal
groups, or armed extremist or rebel groups; and
(C) in countries where there are particularly
severe violations of freedom of the press--
(i) whether government authorities of
each such country participate in,
facilitate, or condone such violations
of the freedom of the press; and
(ii) what steps the government of
each such country has taken to preserve
the safety and independence of the
media, and to ensure the prosecution of
those individuals who attack or murder
journalists.
(e) The President is authorized and encouraged to use not
less than $3,000,000 of the funds made available under this
chapter, chapter 10 of this part, and chapter 4 of part II for
each fiscal year for studies to identify, and for openly
carrying out, programs and activities which will encourage or
promote increased adherence to civil and political rights, as
set forth in the Universal Declaration of Human Rights, in
countries eligible for assistance under this chapter or under
chapter 10 of this part, except that funds made available under
chapter 10 of this part may only be used under this subsection
with respect to countries in sub-Saharan Africa. None of these
funds may be used, directly or indirectly, to influence the
outcome of any election in any country.
(f)(1) The report required by subsection (d) shall include
the following:
(A) A description of the nature and extent of severe
forms of trafficking in persons, as defined in section
103 of the Trafficking Victims Protection Act of 2000,
in each foreign country.
(B) With respect to each country that is a country of
origin, transit, or destination for victims of severe
forms of trafficking in persons, an assessment of the
efforts by the government of that country to combat
such trafficking. The assessment shall address the
following:
(i) Whether government authorities in that
country participate in, facilitate, or condone
such trafficking.
(ii) Which government authorities in that
country are involved in activities to combat
such trafficking.
(iii) What steps the government of that
country has taken to prohibit government
officials from participating in, facilitating,
or condoning such trafficking, including the
investigation, prosecution, and conviction of
such officials.
(iv) What steps the government of that
country has taken to prohibit other individuals
from participating in such trafficking,
including the investigation, prosecution, and
conviction of individuals involved in severe
forms of trafficking in persons, the criminal
and civil penalties for such trafficking, and
the efficacy of those penalties in eliminating
or reducing such trafficking.
(v) What steps the government of that country
has taken to assist victims of such
trafficking, including efforts to prevent
victims from being further victimized by
traffickers, government officials, or others,
grants of relief from deportation, and
provision of humanitarian relief, including
provision of mental and physical health care
and shelter.
(vi) Whether the government of that country
is cooperating with governments of other
countries to extradite traffickers when
requested, or, to the extent that such
cooperation would be inconsistent with the laws
of such country or with extradition treaties to
which such country is a party, whether the
government of that country is taking all
appropriate measures to modify or replace such
laws and treaties so as to permit such
cooperation.
(vii) Whether the government of that country
is assisting in international investigations of
transnational trafficking networks and in other
cooperative efforts to combat severe forms of
trafficking in persons.
(viii) Whether the government of that country
refrains from prosecuting victims of severe
forms of trafficking in persons due to such
victims having been trafficked, and refrains
from other discriminatory treatment of such
victims.
(ix) Whether the government of that country
recognizes the rights of victims of severe
forms of trafficking in persons and ensures
their access to justice.
(C) Such other information relating to trafficking in
persons as the Secretary of State considers
appropriate.
(2) In compiling data and making assessments for the purposes
of paragraph (1), United States diplomatic mission personnel
shall consult with human rights organizations and other
appropriate nongovernmental organizations.
(g) Child Marriage Status.--
(1) In general.--The report required under subsection
(d) shall include, for each country in which child
marriage is prevalent, a description of the status of
the practice of child marriage in such country.
(2) Defined term.--In this subsection, the term
``child marriage'' means the marriage of a girl or boy
who is--
(A) younger than the minimum age for marriage
under the laws of the country in which such
girl or boy is a resident; or
(B) younger than 18 years of age, if no such
law exists.
* * * * * * *
TITLE XII--FAMINE PREVENTION AND FREEDOM FROM HUNGER
* * * * * * *
Chapter 1--Policy
* * * * * * *
Sec. 502B. Human Rights.--(a)(1) The United States shall, in
accordance with its international obligations as set forth in
the Charter of the United Nations and in keeping with the
constitutional heritage and traditions of the United States,
promote and encourage increased respect for human rights and
fundamental freedoms throughout the world without distinction
as to race, sex, language, or religion. Accordingly, a
principal goal of the foreign policy of the United States shall
be to promote the increased observance of internationally
recognized human rights by all countries.
(2) Except under circumstances specified in this section, no
security assistance may be provided to any country the
government of which engages in a consistent pattern of gross
violations of internationally recognized human rights. Security
assistance may not be provided to the police, domestic
intelligence, or similar law enforcement forces of a country,
and licenses may not be issued under the Export Administration
Act of 1979 for the export of crime control and detection
instruments and equipment to a country, the government of which
engages in a consistent pattern of gross violations of
internationally recognized human rights unless the President
certifies in writing to the Speaker of the House of
Representatives and the chairman of the Committee on Foreign
Relations of the Senate and the chairman of the Committee on
Banking, Housing, and Urban Affairs of the Senate (when
licenses are to be issued pursuant to the Export Administration
Act of 1979), that extraordinary circumstances exist warranting
provision of such assistance and issuance of such licenses.
Assistance may not be provided under chapter 5 of this part to
a country the government of which engages in a consistent
pattern of gross violations of internationally recognized human
rights unless the President certifies in writing to the Speaker
of the House of Representatives and the chairman of the
Committee on Foreign Relations of the Senate that extraordinary
circumstances exist warranting provision of such assistance.
(3) In furtherance of paragraphs (1) and (2), the President
is directed to formulate and conduct international security
assistance programs of the United States in a manner which will
promote and advance human rights and avoid identification of
the United States, through such programs, with governments
which deny to their people internationally recognized human
rights and fundamental freedoms, in violation of international
law or in contravention of the policy of the United States as
expressed in this section or otherwise.
(4) In determining whether the government of a country
engages in a consistent pattern of gross violations of
internationally recognized human rights, the President shall
give particular consideration to whether the government--
(A) has engaged in or tolerated particularly severe
violations of religious freedom, as defined in section
3 of the International Religious Freedom Act of 1998;
or
(B) has failed to undertake serious and sustained
efforts to combat particularly severe violations of
religious freedom when such efforts could have been
reasonably undertaken.
(b) The Secretary of State shall transmit to the Congress, as
part of the presentation materials for security assistance
programs proposed for each fiscal year, a full and complete
report, prepared with the assistance of the Assistant Secretary
of State for Democracy, Human Rights, and Labor and with the
assistance of the Ambassador at Large for International
Religious Freedom, with respect to practices regarding the
observance of and respect for internationally recognized human
rights in each country proposed as a recipient of security
assistance. Wherever applicable, such report shall include
consolidated information regarding the commission of war
crimes, crimes against humanity, and evidence of acts that may
constitute genocide (as defined in article 2 of the Convention
on the Prevention and Punishment of the Crime of Genocide and
modified by the United States instrument of ratification to
that convention and section 2(a) of the Genocide Convention
Implementation Act of 1987). Wherever applicable, such report
shall include information on practices regarding coercion in
population control, including coerced abortion and involuntary
sterilization. Such report shall also include, wherever
applicable, information on violations of religious freedom,
including particularly severe violations of religious freedom
(as defined in section 3 of the International Religious Freedom
Act of 1998). Wherever applicable, such report shall include a
description of the nature and extent of acts of anti-Semitism
and anti-Semitic incitement that occur, including the
descriptions of such acts required under section 116(d)(8).
Such report shall also include, for each country with respect
to which the report indicates that extrajudicial killings,
torture, or other serious violations of human rights have
occurred in the country, the extent to which the United States
has taken or will take action to encourage an end to such
practices in the country. Each report under this section shall
list the votes of each member of the United Nations Commission
on Human Rights on all country-specific and thematic
resolutions voted on at the Commission's annual session during
the period covered during the preceding year. Each report under
this section shall describe the extent to which each country
has extended protection to refugees, including the provision of
first asylum and resettlement. Each report under this section
shall also include (i) wherever applicable, a description of
the nature and extent of the compulsory recruitment and
conscription of individuals under the age of 18 by armed forces
of the government of the country, government-supported
paramilitaries, or other armed groups, the participation of
such individuals in such groups, and the nature and extent that
such individuals take a direct part in hostilities, (ii) what
steps, if any, taken by the government of the country to
eliminate such practices, and (iii) such other information
related to the use by such government of individuals under the
age of 18 as soldiers, as determined to be appropriate by the
Secretary of State. In determining whether a government falls
within the provisions of subsection (a)(3) and in the
preparation of any report or statement required under this
section, consideration shall be given to--
(1) the relevant findings of appropriate
international organizations, including nongovernmental
organizations, such as the International Committee of
the Red Cross; and
(2) the extent of cooperation by such government in
permitting an unimpeded investigation by any such
organization of alleged violations of internationally
recognized human rights.
(c)(1) Upon the request of the Senate or the House of
Representatives by resolution of either such House, or upon the
request of the Committee on Foreign Relations of the Senate or
the Committee on Foreign Affairs of the House of
Representatives, the Secretary of State shall, within thirty
days after receipt of such request, transmit to both such
committees a statement, prepared with the assistance of the
Assistant Secretary of State for Democracy, Human Rights, and
Labor, with respect to the country designated in such request,
setting forth--
(A) all the available information about observance of
and respect for human rights and fundamental freedom in
that country, and a detailed description of practices
by the recipient government with respect thereto;
(B) the steps the United States has taken to--
(i) promote respect for and observance of
human rights in that country and discourage any
practices which are inimical to internationally
recognized human rights, and
(ii) publicly or privately call attention to,
and disassociate the United States and any
security assistance provided for such country
from, such practices;
(C) whether, in the opinion of the Secretary of
State, notwithstanding any such practices--
(i) extraordinary circumstances exist which
necessitate a continuation of security
assistance for such country, and, if so, a
description of such circumstances and the
extent to which such assistance should be
continued (subject to such conditions as
Congress may impose under this section), and
(ii) on all the facts it is in the national
interest of the United States to provide such
assistance; and
(D) such other information as such committee or such
House may request.
(2)(A) A resolution of request under paragraph (1) of this
subsection shall be considered in the Senate in accordance with
the provisions of section 601(b) of the International Security
Assistance and Arms Export Control Act of 1976.
(B) The term ``certification'', as used in section 601 of
such Act, means, for the purposes of this subsection, a
resolution of request of the Senate under paragraph (1) of this
subsection.
(3) In the event a statement with respect to a country is
requested pursuant to paragraph (1) of this subsection but is
not transmitted in accordance therewith within thirty days
after receipt of such request, no security assistance shall be
delivered to such country except as may thereafter be
specifically authorized by law from such country unless and
until such statement is transmitted.
(4)(A) In the event a statement with respect to a country is
transmitted under paragraph (1) of this subsection, the
Congress may at any time thereafter adopt a joint resolution
terminating, restricting, or continuing security assistance for
such country. In the event such a joint resolution is adopted,
such assistance shall be so terminated, so restricted, or so
continued, as the case may be.
(B) Any such resolution shall be considered in the Senate in
accordance with the provisions of section 601(b) of the
International Security Assistance and Arms Export Control Act
of 1976.
(C) The term ``certification'', as used in section 601 of
such Act, means, for the purposes of this paragraph, a
statement transmitted under paragraph (1) of this subsection.
(d) For the purposes of this section--
(1) the term ``gross violations of internationally
recognized human rights'' includes torture or cruel,
inhuman, or degrading treatment or punishment,
prolonged detention without charges and trial, causing
the disappearance of persons by the abduction and
clandestine detention of those persons, and other
flagrant denial of the right to life, liberty, or the
security of person;
(2) the term ``security assistance'' means--
(A) assistance under chapter 2 (military
assistance) or chapter 4 (economic support
fund) or chapter 5 (military education and
training) or chapter 6 (peacekeeping
operations) or chapter 8 (antiterrorism
assistance) of this part;
(B) sales of defense articles or services,
extensions of credits (including participations
in credits), and guaranties of loans under the
Arms Export Control Act; or
(C) any license in effect with respect to the
export to or for the armed forces, police,
intelligence, or other internal security forces
of a foreign country of--
(i) defense articles or defense
services under section 38 of the Armed
Export Control Act (22 U.S.C. 2778); or
(ii) items listed under the 600
series of the Commerce Control List
contained in Supplement No. 1 to part
774 of subtitle B of title 15, Code of
Federal Regulations;
(e) Notwithstanding any other provision of law, funds
authorized to be appropriated under part I of this Act may be
made available for the furnishing of assistance to any country
with respect to which the President finds that such a
significant improvement in its human rights record has occurred
as to warrant lifting the prohibition on furnishing such
assistance in the national interest of the United States.
(f) In allowing the funds authorized to be appropriated by
this Act and the Arms Export Control Act, the President shall
take into account significant improvements in the human rights
records of recipient countries, except that such allocations
may not contravene any other provision of law.
(g) Whenever the provisions of subsection (e) or (f) of this
section are applied, the President shall report to the Congress
before making any funds available pursuant to those
subsections. The report shall specify the country involved, the
amount and kinds of assistance to be provided, and the
justification for providing the assistance, including a
description of the significant improvements which have occurred
in the country's human rights record.
(h)(1) The report required by subsection (b) shall include
the following:
(A) A description of the nature and extent of severe
forms of trafficking in persons, as defined in section
103 of the Trafficking Victims Protection Act of 2000,
in each foreign country.
(B) With respect to each country that is a country of
origin, transit, or destination for victims of severe
forms of trafficking in persons, an assessment of the
efforts by the government of that country to combat
such trafficking. The assessment shall address the
following:
(i) Whether government authorities in that
country participate in, facilitate, or condone
such trafficking.
(ii) Which government authorities in that
country are involved in activities to combat
such trafficking.
(iii) What steps the government of that
country has taken to prohibit government
officials from participating in, facilitating,
or condoning such trafficking, including the
investigation, prosecution, and conviction of
such officials.
(iv) What steps the government of that
country has taken to prohibit other individuals
from participating in such trafficking,
including the investigation, prosecution, and
conviction of individuals involved in severe
forms of trafficking in persons, the criminal
and civil penalties for such trafficking, and
the efficacy of those penalties in eliminating
or reducing such trafficking.
(v) What steps the government of that country
has taken to assist victims of such
trafficking, including efforts to prevent
victims from being further victimized by
traffickers, government officials, or others,
grants of relief from deportation, and
provision of humanitarian relief, including
provision of mental and physical health care
and shelter.
(vi) Whether the government of that country
is cooperating with governments of other
countries to extradite traffickers when
requested, or, to the extent that such
cooperation would be inconsistent with the laws
of such country or with extradition treaties to
which such country is a party, whether the
government of that country is taking all
appropriate measures to modify or replace such
laws and treaties so as to permit such
cooperation.
(vii) Whether the government of that country
is assisting in international investigations of
transnational trafficking networks and in other
cooperative efforts to combat severe forms of
trafficking in persons.
(viii) Whether the government of that country
refrains from prosecuting victims of severe
forms of trafficking in persons due to such
victims having been trafficked, and refrains
from other discriminatory treatment of such
victims.
(ix) Whether the government of that country
recognizes the rights of victims of severe
forms of trafficking in persons and ensures
their access to justice.
(C) Such other information relating to trafficking in
persons as the Secretary of State considers
appropriate.
(2) In compiling data and making assessments for the purposes
of paragraph (1), United States diplomatic mission personnel
shall consult with human rights organizations and other
appropriate nongovernmental organizations.
(i) The report required by subsection (b) shall include,
wherever applicable--
(1) a description of the status of freedom of the
press, including initiatives in favor of freedom of the
press and efforts to improve or preserve, as
appropriate, the independence of the media, together
with an assessment of progress made as a result of
those efforts;
(2) an identification of countries in which there
were violations of freedom of the press, including
direct physical attacks, imprisonment, indirect sources
of pressure, and censorship by governments, military,
intelligence, or police forces, criminal groups, or
armed extremist or rebel groups; and
(3) in countries where there are particularly severe
violations of freedom of the press--
(A) whether government authorities of each
such country participate in, facilitate, or
condone such violations of the freedom of the
press; and
(B) what steps the government of each such
country has taken to preserve the safety and
independence of the media, and to ensure the
prosecution of those individuals who attack or
murder journalists.
[(i)] (j) Child Marriage Status.--
(1) In general.--The report required under subsection
(b) shall include, for each country in which child
marriage is prevalent, a description of the status of
the practice of child marriage in such country.
(2) Defined term.--In this subsection, the term
``child marriage'' means the marriage of a girl or boy
who is--
(A) younger than the minimum age for marriage
under the laws of the country in which such
girl or boy is a resident; or
(B) younger than 18 years of age, if no such
law exists.
(k) Information Concerning Acts of Islamophobia in Foreign
Countries.--The report required by subsection (b) shall
include, wherever applicable, a description of the nature and
extent of acts of Islamophobia and Islamophobic incitement that
occur during the preceding year, including descriptions of--
(1) acts of physical violence against, or harassment
of, Muslim people, and acts of violence against, or
vandalism of, Muslim community institutions, including
schools, mosques, and cemeteries;
(2) instances of propaganda in government and
nongovernment media that attempt to justify or promote
racial hatred or incite acts of violence against Muslim
people;
(3) the actions, if any, taken by the government of
the country to respond to such violence and attacks or
to eliminate such propaganda or incitement;
(4) the actions taken by such government to enact and
enforce laws relating to the protection of the right to
religious freedom of Muslim people;
(5) the efforts of such government to promote anti-
bias and tolerance education; and
(6) any instances of forced labor, reeducation, or
the presence of concentration camps, such as those
targeting the Uyghurs in the Xinjiang Province of the
People's Republic of China.
* * * * * * *
----------
INTERNATIONAL RELIGIOUS FREEDOM ACT OF 1998
* * * * * * *
TITLE I--DEPARTMENT OF STATE ACTIVITIES
* * * * * * *
SEC. 102. REPORTS.
(a) Portions of Annual Human Rights Reports.--The Ambassador
at Large shall assist the Secretary of State in preparing those
portions of the Human Rights Reports that relate to freedom of
religion and freedom from discrimination based on religion and
those portions of other information provided Congress under
sections 116 and 502B of the Foreign Assistance Act of 1961 (22
U.S.C. 2151m, 2304) that relate to the right to freedom of
religion.
(b) Annual Report on International Religious Freedom.--
(1) Deadline for submission.--On May 1 of each year
or the first day thereafter on which the appropriate
House of Congress is in session, the Secretary of
State, with the assistance of the Ambassador at Large,
and taking into consideration the recommendations of
the Commission, shall prepare and transmit to Congress
an Annual Report on International Religious Freedom
supplementing the most recent Human Rights Reports by
providing additional detailed information with respect
to matters involving international religious freedom.
Each Annual Report shall contain the following:
(A) Status of religious freedom.--A
description of the status of religious freedom
in each foreign country, including--
(i) trends toward improvement in the
respect and protection of the right to
religious freedom and trends toward
deterioration of such right;
(ii) violations of religious freedom
engaged in or tolerated by the
government of that country;
(iii) particularly severe violations
of religious freedom engaged in or
tolerated by the government of that
country as well as the routine denial
of visa applications for religious
workers;
(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);
(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]
(vii) wherever applicable, an
assessment and description of the
nature and extent of acts of anti-
Semitism and anti-Semitic incitement
that occur in that country during the
preceding year, including--
(I) acts of physical violence
against, or harassment of,
Jewish people, acts of violence
against, or vandalism of,
Jewish community institutions,
and instances of propaganda in
government and nongovernment
media that incite such acts;
and
(II) the actions taken by the
government of that country to
respond to such violence and
attacks or to eliminate such
propaganda or incitement, to
enact and enforce laws relating
to the protection of the right
to religious freedom of Jewish
people, and to promote anti-
bias and tolerance
education[.]; and
(viii) wherever applicable, an
assessment and description of the
nature and extent of acts of
Islamophobia and Islamophobic
incitement that occur in that country
during the preceding the year,
including--
(I) acts of physical violence
against, or harassment of,
Muslim people, acts of violence
against, or vandalism of,
Muslim community institutions,
instances of propaganda in
government and nongovernment
media that incite such acts,
and statements and actions
relating thereto;
(II) the actions taken by the
government of that country to
respond to such violence and
attacks or to eliminate such
propaganda or incitement, to
enact and enforce laws relating
to the protection of the right
to religious freedom of
Muslims, and to promote anti-
bias and tolerance education;
and
(III) any instances of forced
labor, reeducation, or the
presence of concentration
camps, such as those targeting
the Uyghurs in the Xinjiang
Province of the People's
Republic of China.
(B) Violations of religious freedom.--An
assessment and description of the nature and
extent of violations of religious freedom in
each foreign country, including persecution of
one religious group by another religious group,
religious persecution by governmental and
nongovernmental entities, persecution targeted
at individuals or particular denominations or
entire religions, 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, the
existence of government policies violating
religious freedom, including policies that
discriminate against particular religious
groups or members of such groups, 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,
and the existence of government policies
concerning--
(i) limitations or prohibitions on,
or lack of availability of, openly
conducted, organized religious services
outside of the premises of foreign
diplomatic missions or consular posts;
and
(ii) the forced religious conversion
of minor United States citizens who
have been abducted or illegally removed
from the United States, and the refusal
to allow such citizens to be returned
to the United States.
(C) United states policies.--A detailed
description of United States actions,
diplomatic and political coordination efforts,
and other policies in support of religious
freedom in each foreign country engaging in or
tolerating violations of religious freedom,
including a description of the measures and
policies implemented during the preceding 12
months by the United States under titles I, IV,
and V of this Act in opposition to violations
of religious freedom and in support of
international religious freedom.
(D) International agreements in effect.--A
description of any binding agreement with a
foreign government entered into by the United
States under section 401(b) or 402(c).
(E) Training and guidelines of government
personnel.--A description of--
(i) the training described in section
602(a) and (b) and section 603(b) and
(c) on violations of religious freedom
provided to immigration judges and
consular, refugee, immigration, and
asylum officers; and
(ii) the development and
implementation of the guidelines
described in sections 602(c) and
603(a).
(F) Executive summary.--An Executive Summary
to the Annual Report highlighting the status of
religious freedom in certain foreign countries
and including the following:
(i) Countries in which the united
states is actively promoting religious
freedom.--An identification of foreign
countries in which the United States is
actively promoting religious freedom.
This section of the report shall
include a description of United States
actions taken to promote the
internationally recognized right to
freedom of religion and oppose
violations of such right under title IV
and title V of this Act during the
period covered by the Annual Report.
Any country designated as a country of
particular concern for religious
freedom under section 402(b)(1)(A)(ii)
shall be included in this section of
the report. 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.
(ii) Countries of significant
improvement in religious freedom.--An
identification of foreign countries the
governments of which have demonstrated
significant improvement in the
protection and promotion of the
internationally recognized right to
freedom of religion during the period
covered by the Annual Report. This
section of the report shall include a
description of the nature of the
improvement and an analysis of the
factors contributing to such
improvement, including actions taken by
the United States under this Act.
(G) Anti-semitism in europe.--In addition to
the information required under clause (vii) of
subparagraph (A), with respect to each European
country in which verbal or physical threats or
attacks are particularly significant against
Jewish persons, places of worship, schools,
cemeteries, and other religious institutions, a
description of--
(i) the security challenges and needs
of European Jewish communities and
European law enforcement agencies in
such countries to better protect such
communities;
(ii) to the extent practicable, the
efforts of the United States Government
over the reporting period to partner
with European law enforcement agencies
and civil society groups regarding the
sharing of information and best
practices to combat anti-Semitic
incidents in Europe;
(iii) European educational
programming and public awareness
initiatives that aim to collaborate on
educational curricula and campaigns
that impart shared values of pluralism
and tolerance, and showcase the
positive contributions of Jews in
culture, scholarship, science, and art,
with special attention to those
segments of the population that exhibit
a high degree of anti-Semitic animus;
and
(iv) efforts by European governments
to adopt and apply a working definition
of anti-Semitism.
(2) Classified addendum.--If the Secretary of State
determines that it is in the national security
interests of the United States or is necessary for the
safety of individuals to be identified in the Annual
Report or is necessary to further the purposes of this
Act, any information required by paragraph (1),
including measures or actions taken by the United
States, may be summarized in the Annual Report or the
Executive Summary and submitted in more detail in a
classified addendum to the Annual Report or the
Executive Summary.
(c) Preparation of Reports Regarding Violations of
Religious Freedom.--
(1) Standards and investigations.--The Secretary of
State shall ensure that United States missions abroad
maintain a consistent reporting standard and thoroughly
investigate reports of violations of the
internationally recognized right to freedom of
religion.
(2) Contacts with nongovernmental organizations.--In
compiling data and assessing the respect of the right
to religious freedom for the Human Rights Reports, the
Annual Report on International Religious Freedom, and
the Executive Summary, United States mission personnel
shall, as appropriate, seek out and maintain contacts
with religious and human rights nongovernmental
organizations, with the consent of those organizations,
including receiving reports and updates from such
organizations and, when appropriate, investigating such
reports.
(d) Amendments to the Foreign Assistance Act of 1961.--
(1) Content of human rights reports for countries
receiving economic assistance.--Section 116(d) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)) is
amended--
(A) by striking ``and'' at the end of
paragraph (4);
(B) by striking the period at the end of
paragraph (5) and inserting ``; and''; and
(C) by adding at the end the following:
``(6) wherever applicable, violations of religious
freedom, including particularly severe violations of
religious freedom (as defined in section 3 of the
International Religious Freedom Act of 1998).''.
(2) Contents of human rights reports for countries
receiving security assistance.--Section 502B(b) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2304(b)) is
amended--
(A) by inserting ``and with the assistance of
the Ambassador at Large for International
Religious Freedom'' after ``Labor''; and
(B) by inserting after the second sentence
the following new sentence: ``Such report shall
also include, wherever applicable, information
on violations of religious freedom, including
particularly severe violations of religious
freedom (as defined in section 3 of the
International Religious Freedom Act of
1998).''.
* * * * * * *
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