Subject: HR2431: The Bill Date: Wed, 8 Apr 1998 01:49:21 +0000 To: "Hebraic Heritage Newsgroup"<heb_roots_chr@geocities.com>
From: Eddie Chumney To: heb_roots_chr@geocities.com Subject: HR2431 For those of you who want more info about HR2431, I have included in this article summary info about the bill. FYI: Rabbi Othniel was not the author of the last posted article on HR2431. He only passed along a forwarded message as was indicated in the article. In separate articles, I have included a point - counterpoint regarding the merits of the HR2431. *********************************************************************** Release: May 20, 1997 Contact: Bridget Bustillos (202) 225-5136 WOLF, SPECTER INTRODUCE FREEDOM FROM RELIGIOUS PERSECUTION ACT (http://www.house.gov/wolf/free/religper.htm) Washington, D.C.: U.S. Frank R. Wolf (R-VA-10) and Senator Arlen Spector (R-PA) today introduced the "Freedom from Religious Persecution Act," legislation aimed at curbing the growth in religious persecution. To combat religious persecution, the legislation creates a new Office of Religious Persecution Monitoring in the State Department and imposes sanctions on governments who actively participate or fail to take steps to curtail religious persecution. In addition, the legislation reforms asylum proceedings by expediting and granting priority to victims of religious persecution. "The persecution of people of faith is the great untold human rights story of the decade," Wolf said. "Religious persecution -- and especially the persecution of Christians -- did not dissipate with the Cold War. It has persisted and accelerated and it is my hope that this legislation will reverse that trend." The legislation also imposes immediate sanctions against Sudan where religious persecution and slavery have been well documented. "The sanctions prescribed in this bill with regard to Sudan are virtually identical to those imposed on South Africa in the anti-apartheid act of the 1980's such as bans on flights, ban on investment, and a ban on imports," Wolf said. ********************************************************************** Release: March 26, 1998 Contact: Bridget Bustillos (202) 225-4491 Wolf's Freedom From Religious Persecution Act Over First Major Hurdle (http://www.house.gov/wolf/free/irpass.htm) H.R. 2431 PASSES INTERNATIONAL RELATIONS COMMITTEE, 31-5 Washington, D.C.: Rep. Frank R. Wolf (R-VA-10) announced today that H.R. 2431, the "Freedom From Religious Persecution Act," was approved by the International Relations Committee with strong bi-partisan support yesterday by a vote of 31-5. The legislation Wolf introduced is aimed at curbing the growth in religious persecution. To combat religious persecution, the legislation would establish the Office of Religious Persecution Monitoring in the State Department with its director reporting directly to the secretary of State and the president. The director would be subject to Senate confirmation. The new office would provide a permanent mechanism for investigating religious persecution. "Committee movement of this bill sends a message to the world that religious persecution will not be tolerated," Wolf said. "With strong bi-partisan support, it is my hope that we can move this bill quickly through Congress that people around the world will be able to practice the faith that they choose without retribution." The "Freedom from Religious Persecution Act," which has strong support in the House leadership, must now clear the House Judiciary, Ways and Means, and Banking committees. It is expected to be brought to the full House of Representatives for a vote in May. Support for the bill includes: -U.S. Catholic Bishops' Conference -National Association of Evangelicals -Southern Baptist Ethics and Religious Liberty Commission -International Campaign for Tibet -Anti-Defamation League -Union of American Hebrew Congregations -Union of Orthodox Jewish Congregation -Salvation Army -Christian Coalition -Family Research Council -National Jewish Coalition -Evangelicals for Social Action -Prison Fellowship ********************************************************************** Major Elements of The Freedom from Religious Persecution Act H.R. 2431 (Summary of HR2431) (http://www.house.gov/wolf/free/sum.htm) H.R. 2431 establishes the Office of Religious Persecution Monitoring in the State Department. It will be headed by a Director who reports directly to the Secretary of State and the President and will be subject to Senate confirmation. The new office will provide a permanent mechanism for investigating religious persecution and help ensure that this issue will receive the highest level of attention at the State Department. The Director must identify and report to Congress each year on which countries, if any, are engaged in "widespread and ongoing" acts of persecution which includes "abduction, enslavement, killing, imprisonment, forced mass relocation, rape, crucifixion or other forms of torture, and the imposition of systematic fines or penalties that have a confiscatory purpose or effect." H.R. 2431 defines two categories of persecution: Category 1 persecution when the government is directly involved; and Category 2 persecution, when the government, though not directly involved, fails to take serious and sustained efforts to eliminate the persecution when it has the ability to do so. When a country is found to be engaged in either category 1 or 2 persecution, the bill: 1. Terminates "non-humanitarian" U.S. foreign aid and related support to offending regimes, and requires U.S. opposition to loans to such regimes from taxpayer-supported international agencies; 2. Bans the export of torture, surveillance and crime control goods to offending countries, and bans trade with the governmental sub- units that directly carry out persecution activities (such as prisons and labor camps); and 3. Bans visas to known persecutors. Each of these actions can be waived by the President for national security reasons or if the President certifies that waiving the sanctions would "promote the objectives" of the act. The objective of the act, as defined in the legislation, is to eliminate and reduce religious persecution. The bill stipulates that Congress intends this second waiver authority be used rarely, but the provision provides the President some flexibility to calibrate the sanctions in extraordinary cases when withdrawing foreign aid or other support may actually have a negative impact on the situation. The President must notify Congress about his intent to waive the sanctions 45 days in advance and provide a detailed explanation for why he believes a waiver to be necessary. H.R. 2431 makes minor changes to refugee and asylum law to help ensure that the Immigration and Naturalization Service (INS) treats fairly those individuals fleeing religious persecution. It does not, however, loosen the standard used by the INS for providing refugee status and asylum to applicants. It does not allow individuals to come to the U.S. permanently just by claiming they are being persecuted for their faith. They still must meet current standards under law. H.R. 2431 requires the State Department to train its foreign service officers about religious traditions and factors affecting religious persecution in the world today. H. R. 2431 imposes a broad array of sanctions on the government of Sudan - a country where women and children are being sold into slavery and millions are perishing at the hands of a brutal regime. Both Muslims and Christian alike are suffering in Sudan and more than 1.5 million have died in a civil war that has intensified since 1989. The sanctions are identical to those imposed on South Africa during apartheid and include a ban on imports from Sudan, exports to Sudan and financial transactions with the government of Sudan. Humanitarian aid is exempted for sanction. In November, 1997, President Clinton imposed similar sanctions on Sudan by Executive Order. *********************************************************************** Agreed Changes to H.R. 2431 The Freedom from Religious Persecution Act to be made at International Relations Committee Markup (http://www.house.gov/wolf/free/changes.htm) The following changes have been agreed to by the chief sponsors of H.R. 2431 and will be made during the House International Relations Committee full committee markup when it occurs. Move the Office of Religious Persecution Monitoring from the White House to the State Department. Director will be subject to Senate confirmation and will report directly to the Secretary of State and the President. As in the original bill, the Director's chief responsibility is to determine whether category 1 or 2 persecution exists in a country and provide that information in an annual report to Congress. Broaden the waiver authority of the President to allow the sanctions to be waived if the President can certify that doing so would "advance the objectives of the act." This is in addition to the President's authority under the bill to waive the sanctions in cases of national security. The President still must notify Congress 45 days in advance of his intent to waive and provide a detailed explanation on why he thinks waiving the sanctions would help reduce religious persecution. He also must describe other actions he intends to take to advance this goal. Narrow the provision which bans the export of persecution-facilitating products. The new language requires the Director to identify products on the existing crime control list kept by the Bureau of Export Administration which are used directly for persecution. The earlier language gave the Director authority to identify any product used for persecution. Working from an existing list ensures the provision will be narrow and will not impose an undue burden on exporters. Authorization of the Director of the Office of Religious Persecution Monitoring to hold public hearings to hear testimony from independent human rights groups and others regarding evidence of religious persecution. Citation of the Declaration of Independence and U.S. Constitution in the "Findings" section of the bill as the principal documents expressing the belief in the inalienable right of freedom of religion for all people and the basis on which the Congress is opposed to religious persecution. ********************************************************************