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Trans-Atlantic Religious Protection Act (TARPA) of 2001 (Introduced in House)HR 3145 IH
107th CONGRESS1st Session
H. R. 3145 To promote greater cooperation between the United States and its European allies toward religious tolerance and to require the imposition of punitive measures with respect to entities that discriminate against individuals or groups on the basis of religion or belief.
IN THE HOUSE OF REPRESENTATIVESOctober 16, 2001 Ms. ROS-LEHTINEN (for herself and Mr. GILMAN) introduced the following bill; which was referred to the Committee on International Relations, and in addition to the Committees on the Judiciary, and Ways and Means, for a period subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
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A BILL To promote greater cooperation between the United States and its European allies toward religious tolerance and to require the imposition of punitive measures with respect to entities that discriminate against individuals or groups on the basis of religion or belief.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,SECTION 1. SHORT TITLE.
This Act may be cited as the `Trans-Atlantic Religious Protection Act (TARPA) of 2001'.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Article 18 of the Universal Declaration of Human Rights states that `[e]veryone 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'.
(2) Article 18 of the International Covenant on Civil and Political Rights states that `[n]o one shall be subject to coercion which would impair his freedom to have or adopt a religion or belief of his choice'.
(3) The member countries of the Organization for Security and Cooperation in Europe (OSCE) have undertaken a series of specific commitments designed to ensure the freedom of the individual to profess and practice religion or belief, including a commitment by those countries to ensure the full and effective exercise of the freedom of thought, conscience, religion, or belief, in their laws and regulations.
(4) Principle VII of the Helsinki Final Act commits the OSCE member countries to `recognize and respect the freedom of the individual to profess and practice, alone or in community with others, religion or belief acting in accordance with the dictates of his own conscience'.
(5) The 1989 Vienna Concluding Document commits the OSCE member countries to `take effective measures to prevent and eliminate discrimination against individuals or communities on the grounds of religion or belief in the recognition, exercise and enjoyment of human rights and fundamental freedoms in all fields of civil, political, economic, social and cultural life'.
(6) In the 1991 Moscow Document, the OSCE member countries `categorically and irrevocably declare that the commitments undertaken in the field of the human dimension . . . are matters of direct and legitimate concern to all participating States and do not belong exclusively to the internal affairs of the State concerned'.
(7) Freedom of thought, conscience, religion, or belief is inextricably linked to the exercise of other rights, including the right to freedom of peaceful assembly and association, the right to freedom of association with others, and the right to freedom of expression, and the recognition that all persons are equal before the law and are entitled without any discrimination to the equal protection of the law, including in employment.
(8) The United States Department of State's annual reports on religious freedom and human rights have documented numerous instances of government discrimination in Western Europe based on religion or belief, including discriminatory acts against American members of several different religious denominations and beliefs.
(9) Both the Office of the United States Trade Representative and the Department of State have objected to the use of discriminatory procurement practices by German Federal, state and local governmental agencies and private entities which have the potential to discriminate against United States firms in procurement decisions by permitting agencies and firms to reject bids and terminate contracts with firms that do not attest that the firm and its employees are not affiliated with certain religious beliefs.
(10) In France, Federal and local governmental agencies, as well as private businesses responding to French Government actions, have terminated contracts with a United States-owned software firm solely because of the religious beliefs of the firm's founder.
(11) A law enacted by the French Parliament on May 30, 2001, contains repressive measures which would have a chilling effect on the freedom religion and belief, including the dissolution of targeted religious associations, the imprisonment of members of such groups, and infringement upon freedom of speech, including speech intended to persuade another person to a particular point of view, whether philosophical or religious.
(12) His Holiness Pope John Paul II has spoken out against the new French law as potentially devastating. While formally accepting the credentials of the new French Ambassador to the Holy See, the Pope reminded the ambassador that `religious liberty in the full sense of the term, is the first human right . . . [t]his means a liberty which is not reduced to the private sphere only . . . [t]o discriminate [against] religious beliefs, or to discredit one or another form of religious practices is a form of exclusion contrary to the respect of fundamental human values and will eventually destabilize society, where a pluralism of thought and action should exist, as well as a benevolent and brotherly attitude . . . [t]his will necessarily create a climate of tension, intolerance, opposition and suspect, not conducive to social peace'.
(13) United States Department of State officials testifying on the new French law before the Senate Foreign Relations Committee on May 1, 2001, and the House Committee on International Relations on July 11, 2001, underscored that `[t]he United States is concerned that such policies are becoming institutionalized in some parts of Europe and are having the effect of appearing to justify restrictive laws elsewhere such as Russia, Central Asia, and even China'.(14) A 1996 French National Assembly report listed 173 organizations as suspect, including independent evangelical Christian churches, Scientologists, Jehovah's Witnesses, and Unificationists and this report has been used by both private and official entities to harass, intimidate, deny employment, and deny commercial loans to listed groups, and members of other religious groups, such as Southern Baptists, Seventh Day Adventists, the Catholic Charismatic Renewal movement, Opus Dei, and the Society of Jesus, have also been subject to recent discrimination and harassment at the hands of the French Government.
(15) The Parliament of Austria passed a law in 1997 which codified a tiered system of government recognition and preferential treatment and which requires religious groups seeking recognition to undergo government surveillance for at least 10, or up to 20, years to prove legitimacy to government officials.
(16) The Austrian law on religion is cited as justification for more repressive laws being proposed in nascent democracies further east, such as Hungary and Romania, and has been cited by Russian officials as justification for an oppressive 1997 Russian religion law.
(17) The Government of Austria has instituted a `sect' office which disseminates official propaganda on religious groups not recognized by the government and leading to a chilling effect on religious liberty.
(18) The Parliament of Belgium issued a report in 1997 on `sects' with a widely circulated informal appendix listing 189 groups as suspect, including many Protestant and Catholic groups, Quakers, Hasidic Jews, Buddhists, and members of the Young Women's Christian Association (YWCA), based on rumor and speculation found in police files, and implicitly warning the public to avoid such `dangerous' groups.
(19) The Parliament of Belgium has established a government Center for Information and Advice on Harmful Sectarian Organizations which disseminates official views on groups considered `sects' as defined by the list in the appendix to the 1997 Belgian Parliament report.
(20) On April 29, 1998, the Italian Ministry of Internal Affairs sent a report to the lower house of the Italian Parliament entitled `Cults and New Magical Movements in Italy'. This report mentions that the Ministry of Internal Affairs monitors 137 groups--76 of which are categorized as `new religions' and 61 as `new magical movements'. This report, according to Dr. Massimo Introvigne of CESNUR in Italy, notes that `the real danger is that, because of the media event created around the report, respectable and law-abiding citizens who happen to be members of movements mentioned, but explicitly exonerated from any charge in the report may be discriminated against or maligned'.
(21) Some evangelical and charismatic Christian churches have been targeted in parliamentary investigations in France, Belgium, and Germany.
(22) Jehovah's Witnesses have been subjected in France to various forms of harassment, have been informed by German state tax authorities that the long-standing exemption from property taxation for their houses of worship may be canceled in the near future, continue to suffer from employment discrimination in Austria, France, and Germany, and have been discriminated against in foster parent proceedings in Germany and in some child custody matters in Belgium.
(23) Muslims have been subjected to harassment, including police brutality and attacks by extremist groups, particularly in Germany and France, and Muslim women are subject to frequent discrimination and other forms of abuse and harassment because they wear a head covering.
(24) Adherents to the Church of Jesus Christ of Latter-day Saints have been subject to continued acts of harassment, including confiscation of religious materials, and are prevented from freely sharing their beliefs in several Organization for Security and Cooperation in Europe (OSCE) member countries.
(25) Members of the Church of Scientology have been subject to pervasive civil, political, and economic discrimination, harassment, surveillance, and orchestrated boycotts in Germany, France, Belgium, and Austria.
(26) The Law of Sects in Spain, passed in 1989, authorizes the police to investigate `sects' with a `destructive' character. As a result, a special unit was created within the police to investigate these allegedly dangerous sects.
(27) The Government of the Canary Islands, one of Spain's 17 regions, has refused to grant permission to the Salvation Army to open a center for needy children on the grounds that the Salvation Army is categorized as a `destructive sect'.
(28) Actions by Western European governments have contributed to intolerance by public and private actors who have discriminated in hiring practices or terminated employment based on an individual's religious affiliation.
(29) The September 11, 2001, terrorist attacks against the United States have intensified fears of infringement and violations of religious freedom, with experts cautioning against the use of the antiterrorism effort as an excuse for arbitrary abuses and proliferation of anti-sect laws and lists such as those used by European countries to monitor or restrict particular religious groups.
SEC. 3. DIPLOMATIC EFFORTS.(a) GENERAL EFFORTS- The President and the Secretary of State--
(1) shall raise violations of freedom of thought, conscience, religion, or belief at every appropriate level with representatives of European countries that have failed to implement their international commitments and obligations in this regard;
(2) shall make full use of existing meetings and structures of international organizations and multilateral fora to raise violations by Organization for Security and Cooperation in Europe (OSCE) member countries of freely undertaken international commitments both to protect and to provide for the full and effective exercise of the freedom of thought, conscience, religion, or belief under their respective jurisdictions; and
(3) to the maximum extent practicable, shall appoint experts on religious liberty to United States delegations to appropriate meetings of international organizations.
(b) UNITED STATES-EU INTER-PARLIAMENTARY MEETINGS- United States representatives to the United States-European Union Inter-Parliamentary meetings, should raise at such meetings the issue of laws, regulations, and other practices in the members countries which infringe upon freedom of thought, conscience, religion or belief and take concrete steps to address these violations.
SEC. 4. ACTIONS BY DEPARTMENT OF STATE.
(a) DIVERSITY AND TOLERANCE EXCHANGES- The Secretary of State, through the Bureau of Educational and Cultural Exchange, shall promote educational and cultural workshops and forums among academics, religious leaders, and human rights organizations in the United States and their European counterparts in an effort to promote a better understanding of religious and philosophical diversity and a tolerant society.
(b) HUMAN RIGHTS MONITORS- The Secretary of State, through the Bureau of Democracy, Human Rights, and Labor and the Bureau of Diplomatic and Consular Affairs, shall train United States human rights monitors stationed at European posts to identify, investigate, and monitor persecution and discrimination on the basis of religion or belief.
(c) DENIAL OF VISAS- The Secretary of State may not issue a visa to, and the Attorney General shall exclude from the United States, any alien who the Secretary of State determines is a high-ranking official of the government of a country, or a commercial or other entity of a government, which is in violation of international obligations to guarantee and ensure the full and effective exercise of freedom of thought, conscience, religion, or belief.
(d) TRAVEL ADVISORIES- The Secretary of State shall issue travel advisories on countries which discriminate on the basis of religion or belief advising Americans of the potential dangers faced by individuals who are members of targeted groups.
SEC. 5. ACTIONS BY UNITED STATES TRADE REPRESENTATIVE.
The President shall, in accordance with section 301(a)(1) of the Trade Act of 1974 (19 U.S.C. 2411(a)(1)), direct the United States Trade Representative--
(1) to take all appropriate action authorized under section 301(c) of such Act against each European country the government of which engages in or tolerates violations of religious freedom (as determined under section 401 of the International Religious Freedom Act of 1998), including the imposition of duties or other import restrictions on goods of such country that are similar to the goods of a United States individual or United States business (or its subsidiary) that is subject to such violations of religious freedom; and
(2) to initiate appropriate action at the World Trade Organization against each European country described in paragraph (1).
SEC. 6. ACTIONS BY DEPARTMENT OF COMMERCE.
The President shall direct the Secretary of Commerce--
(1) to incorporate into the programs and assistance of the International Trade Administration guidelines and warnings regarding the discriminatory practices of European countries against United States products or businesses (and their subsidiaries) on the basis of religion or belief; and
(2) to make it a priority to advocate on behalf of United States businesses being discriminated against by European countries on the basis of religion or belief to ensure full market access and achieve full compliance by such countries with international trade agreements and accords entered into with the United States.
SEC. 7. PRESIDENTIAL WAIVER.
(a) WAIVER- Subject to subsection (b), the President may waive any provision of this Act with respect to a country if the President determines and so reports to Congress that--
(1) the government of the country has ceased the violations giving rise to the action under this Act;
(2) the exercise of the waiver would further the purposes of this Act;
or
(3) it is important to the national interests of the United States to do so.
(b) CONGRESSIONAL NOTIFICATION- Prior to exercising his authority to waive any provision of this Act pursuant to subsection (a), the President shall notify Congress of the waiver together with a detailed justification thereof.
From: Tilman Hausherr <tilman@berlin.snafu.de>
Date: Thu, 20 Jun 2002 21:56:36 +0200
Organization: Xenu's Ranch
Message-ID: <1mc4huk0u3dfhrkrjnddpv2f3akkj24eh1@4ax.com>
On Thu, 20 Jun 2002 19:11:27 GMT, alerma@nospam.bellatlantic.net (arnie lerma - www.lermanet.com) wrote in <3d1228d1.198206340@news.verizon.net>:
>enter scientology in search terms here:
>
>http://thomas.loc.gov/home/c107query.html
>
>Trans-Atlantic Religious Protection Act (TARPA) of 2001 (Introduced in
>House)
>
>HR 3145 IH
It is a "'deny Caberta a visa' law". It has gone nowhere for over 6 months now. Same for this one:
http://thomas.loc.gov/cgi-bin/bdquery/z?d107:h.r.03151:
--
Tilman Hausherr [KoX, SP5.55] Entheta * Enturbulation * Entertainment
tilman@berlin.snafu.de http://www.xenu.de
Resistance is futile. You will be enturbulated. Xenu always prevails.
Find broken links on your web site: http://home.snafu.de/tilman/xenulink.html The Xenu bookstore: http://home.snafu.de/tilman/bookstore.html