Collapse to view only § 6402. Definitions
§ 6401. Findings; policy
(a) FindingsCongress makes the following findings:
(1) The right to freedom of religion undergirds the very origin and existence of the United States. Many of our Nation’s founders fled religious persecution abroad, cherishing in their hearts and minds the ideal of religious freedom. They established in law, as a fundamental right and as a pillar of our Nation, the right to freedom of religion. From its birth to this day, the United States has prized this legacy of religious freedom and honored this heritage by standing for religious freedom and offering refuge to those suffering religious persecution.
(2) Freedom of religious belief and practice is a universal human right and fundamental freedom articulated in numerous international instruments, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Helsinki Accords, the Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief, the United Nations Charter, and the European Convention for the Protection of Human Rights and Fundamental Freedoms.
(3) Article 18 of the Universal Declaration of Human Rights recognizes that “Everyone has the right to freedom of thought, conscience, and religion. This right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship, and observance.”. Article 18(1) of the International Covenant on Civil and Political Rights recognizes that “Everyone shall have the right to freedom of thought, conscience, and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice, and teaching”. The freedom of thought, conscience, and religion is understood to protect theistic and non-theistic beliefs and the right not to profess or practice any religion. Governments have the responsibility to protect the fundamental rights of their citizens and to pursue justice for all. Religious freedom is a fundamental right of every individual, regardless of race, sex, country, creed, or nationality, and should never be arbitrarily abridged by any government.
(4) The right to freedom of religion is under renewed and, in some cases, increasing assault in many countries around the world. More than one-half of the world’s population lives under regimes that severely restrict or prohibit the freedom of their citizens to study, believe, observe, and freely practice the religious faith of their choice. Religious believers and communities suffer both government-sponsored and government-tolerated violations of their rights to religious freedom. Among the many forms of such violations are state-sponsored slander campaigns, confiscations of property, desecration of cemeteries, surveillance by security police, including by special divisions of “religious police”, severe prohibitions against construction and repair of places of worship, denial of the right to assemble and relegation of religious communities to illegal status through arbitrary registration laws, prohibitions against the pursuit of education or public office, and prohibitions against publishing, distributing, or possessing religious literature and materials. A policy or practice of routinely denying applications for visas for religious workers in a country can be indicative of a poor state of religious freedom in that country.
(5) Even more abhorrent, religious believers in many countries face such severe and violent forms of religious persecution as detention, torture, beatings, forced marriage, rape, imprisonment, enslavement, mass resettlement, and death merely for the peaceful belief in, change of or practice of their faith. In many countries, religious believers are forced to meet secretly, and religious leaders are targeted by national security forces and hostile mobs.
(6) Though not confined to a particular region or regime, religious persecution and the specific targeting of non-theists, humanists, and atheists because of their beliefs is often particularly widespread, systematic, and heinous under totalitarian governments and in countries with militant, politicized religious majorities and in regions where non-state actors exercise significant political power and territorial control.
(7) Congress has recognized and denounced acts of religious persecution through the adoption of the following resolutions:
(A) House Resolution 515 of the One Hundred Fourth Congress, expressing the sense of the House of Representatives with respect to the persecution of Christians worldwide.
(B) Senate Concurrent Resolution 71 of the One Hundred Fourth Congress, expressing the sense of the Senate regarding persecution of Christians worldwide.
(C) House Concurrent Resolution 102 of the One Hundred Fourth Congress, expressing the sense of the House of Representatives concerning the emancipation of the Iranian Baha’i community.
(b) Policy
(1) In generalThe following shall be the policy of the United States:
(A) To condemn violations of religious freedom, and to promote, and to assist other governments in the promotion of, the fundamental right to freedom of religion.
(B) To seek to channel United States security and development assistance to governments other than those found to be engaged in gross violations of the right to freedom of religion, as set forth in the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.], in the International Financial Institutions Act of 1977, and in other formulations of United States human rights policy.
(C) To be vigorous and flexible, reflecting both the unwavering commitment of the United States to religious freedom and the desire of the United States for the most effective and principled response, in light of the range of violations of religious freedom by a variety of persecuting regimes, and the status of the relations of the United States with different nations.
(D) To work with foreign governments that affirm and protect religious freedom, in order to develop multilateral documents and initiatives to combat violations of religious freedom and promote the right to religious freedom abroad.
(E) Standing for liberty and standing with the persecuted, to use and implement appropriate tools in the United States foreign policy apparatus, including diplomatic, political, commercial, charitable, educational, and cultural channels, to promote respect for religious freedom by all governments and peoples.
(2) Evolving policies and coordinated diplomatic responsesBecause the promotion of international religious freedom protects human rights, advances democracy abroad, and advances United States interests in stability, security, and development globally, the promotion of international religious freedom requires new and evolving policies and diplomatic responses that—
(A) are drawn from the expertise of the national security agencies, the diplomatic services, and other governmental agencies and nongovernmental organizations; and
(B) are coordinated across and carried out by the entire range of Federal agencies.
(Pub. L. 105–292, § 2, Oct. 27, 1998, 112 Stat. 2788; Pub. L. 113–154, § 2, Aug. 8, 2014, 128 Stat. 1827; Pub. L. 114–281, § 2(a), (b), Dec. 16, 2016, 130 Stat. 1426, 1427.)
§ 6402. DefinitionsIn this chapter:
(1) Ambassador at Large
The term “Ambassador at Large” means the Ambassador at Large for International Religious Freedom appointed under section 6411(b) of this title.
(2) Annual Report
The term “Annual Report” means the Annual Report on International Religious Freedom described in section 6412(b) of this title.
(3) Appropriate congressional committeesThe term “appropriate congressional committees” means—
(A) the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives; and
(B) in the case of any determination made with respect to the taking of President 1
1 So in original. Probably should be “Presidential”.
action under paragraphs (9) through (15) of section 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 action taken by the President under section 6445(b) of this title.
(5) Commission
The term “Commission” means the United States Commission on International Religious Freedom established in section 6431(a) of this title.
(6) Country Reports on Human Rights Practices
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 government” 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 actorThe term “non-state actor” means a nonsovereign entity that—
(A) exercises significant political power and territorial control;
(B) is outside the control of a sovereign government; and
(C) often employs violence in pursuit of its objectives.
(12) Office
The term “Office” means the Office on International Religious Freedom established in section 6411(a) of this title.
(13) Particularly severe violations of religious freedomThe term “particularly severe violations of religious freedom” means systematic, ongoing, egregious violations of religious freedom, including violations such as—
(A) torture or cruel, inhuman, or degrading 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 Special Adviser to the President on International Religious Freedom described in section 3021(i) of title 50.2
2 See References in Text note below.
(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 freedomThe term “violations of religious freedom” means violations of the internationally recognized right to freedom of religion and religious belief and practice, as set forth in the international instruments referred to in section 6401(a)(2) of this title and as described in section 6401(a)(3) of this title, including violations such as—
(A) arbitrary prohibitions on, restrictions of, or punishment for—
(i) assembling for peaceful religious activities such as worship, preaching, and prayer, including arbitrary registration requirements;
(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 religious literature, including Bibles; or
(vi) raising one’s children in the religious 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, imposition of an onerous financial penalty, forced labor, forced mass resettlement, imprisonment, forced religious conversion, forcibly compelling non-believers or non-theists to recant their beliefs or to convert, beating, torture, mutilation, rape, enslavement, murder, and execution.
(Pub. L. 105–292, § 3, Oct. 27, 1998, 112 Stat. 2790; Pub. L. 114–281, § 3, Dec. 16, 2016, 130 Stat. 1427.)