[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2431 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                          October 9 (legislative day, October 2), 1998.
      Resolved, That the bill from the House of Representatives (H.R. 
2431) entitled ``An Act to establish an Office of Religious Persecution 
Monitoring, to provide for the imposition of sanctions against 
countries engaged in a pattern of religious persecution, and for other 
purposes.'', do pass with the following

                              AMENDMENTS:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a)  Short Title.--This Act may be cited as the ``International 
Religious Freedom Act of 1998''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings; policy.
Sec. 3. Definitions.

                TITLE I--DEPARTMENT OF STATE ACTIVITIES

Sec. 101. Office on International Religious Freedom; Ambassador at 
                            Large for International Religious Freedom.
Sec. 102. Reports.
Sec. 103. Establishment of a religious freedom Internet site.
Sec. 104. Training for Foreign Service officers.
Sec. 105. High-level contacts with nongovernmental organizations.
Sec. 106. Programs and allocations of funds by United States missions 
                            abroad.
Sec. 107. Equal access to United States missions abroad for conducting 
                            religious activities.
Sec. 108. Prisoner lists and issue briefs on religious freedom 
                            concerns.

        TITLE II--COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

Sec. 201. Establishment and composition.
Sec. 202. Duties of the Commission.
Sec. 203. Report of the Commission.
Sec. 204. Applicability of other laws.
Sec. 205. Authorization of appropriations.
Sec. 206. Termination.

                  TITLE III--NATIONAL SECURITY COUNCIL

Sec. 301. Special Adviser on International Religious Freedom.

                     TITLE IV--PRESIDENTIAL ACTIONS

   Subtitle I--Targeted Responses to Violations of Religious Freedom 
                                 Abroad

Sec. 401. Presidential actions in response to violations of religious 
                            freedom.
Sec. 402. Presidential actions in response to particularly severe 
                            violations of religious freedom.
Sec. 403. Consultations.
Sec. 404. Report to Congress.
Sec. 405. Description of Presidential actions.
Sec. 406. Effects on existing contracts.
Sec. 407. Presidential waiver.
Sec. 408. Publication in Federal Register.
Sec. 409. Termination of Presidential actions.
Sec. 410. Preclusion of judicial review.

                Subtitle II--Strengthening Existing Law

Sec. 421. United States assistance.
Sec. 422. Multilateral assistance.
Sec. 423. Exports of certain items used in particularly severe 
                            violations of religious freedom.

                TITLE V--PROMOTION OF RELIGIOUS FREEDOM

Sec. 501. Assistance for promoting religious freedom.
Sec. 502. International broadcasting.
Sec. 503. International exchanges.
Sec. 504. Foreign Service awards.

            TITLE VI--REFUGEE, ASYLUM, AND CONSULAR MATTERS

Sec. 601. Use of Annual Report.
Sec. 602. Reform of refugee policy.
Sec. 603. Reform of asylum policy.
Sec. 604. Inadmissibility of foreign government officials who have 
                            engaged in particularly severe violations 
                            of religious freedom.
Sec. 605. Studies on the effect of expedited removal provisions on 
                            asylum claims.

                  TITLE VII--MISCELLANEOUS PROVISIONS

Sec. 701. Business codes of conduct.

SEC. 2. FINDINGS; POLICY.

    (a) Findings.--Congress 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''. 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, 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.
            (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 is often particularly widespread, 
        systematic, and heinous under totalitarian governments and in 
        countries with militant, politicized religious majorities.
            (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.--It shall be the policy of the United States, as 
follows:
            (1) 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.
            (2) 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, 
        in the International Financial Institutions Act of 1977, and in 
        other formulations of United States human rights policy.
            (3) 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.
            (4) 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.
            (5) 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.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Ambassador at large.--The term ``Ambassador at Large'' 
        means the Ambassador at Large for International Religious 
        Freedom appointed under section 101(b).
            (2) Annual report.--The term ``Annual Report'' means the 
        Annual Report on International Religious Freedom described in 
        section 102(b).
            (3) Appropriate congressional committees.--The 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 action under 
                paragraphs (9) through (15) of section 405(a), 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 405(b).
            (5) Commission.--The term ``Commission'' means the United 
        States Commission on International Religious Freedom 
        established in section 201(a).
            (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 116(d) and 502B(b) of the Foreign 
        Assistance Act of 1961.
            (7) Executive summary.--The term ``Executive Summary'' 
        means the Executive Summary to the Annual Report, as described 
        in section 102(b)(1)(F).
            (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 116 and 502B of the Foreign 
        Assistance Act of 1961.
            (10) Office.--The term ``Office'' means the Office on 
        International Religious Freedom established in section 101(a).
            (11) Particularly severe violations of religious freedom.--
        The 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.
            (12) Special adviser.--The term ``Special Adviser'' means 
        the Special Adviser to the President on International Religious 
        Freedom described in section 101(i) of the National Security 
        Act of 1947, as added by section 301 of this Act.
            (13) Violations of religious freedom.--The 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 2(a)(2) and as 
        described in section 2(a)(3), 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) possession and distribution of 
                        religious literature, including Bibles, or
                            (v) 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 religious belief or 
                practice: detention, interrogation, imposition of an 
                onerous financial penalty, forced labor, forced mass 
                resettlement, imprisonment, forced religious 
                conversion, beating, torture, mutilation, rape, 
                enslavement, murder, and execution.

                TITLE I--DEPARTMENT OF STATE ACTIVITIES

SEC. 101. OFFICE ON INTERNATIONAL RELIGIOUS FREEDOM; AMBASSADOR AT 
              LARGE FOR INTERNATIONAL RELIGIOUS FREEDOM.

    (a) Establishment of Office.--There is established within the 
Department of State an Office on International Religious Freedom that 
shall be headed by the Ambassador at Large for International Religious 
Freedom appointed under subsection (b).
    (b) Appointment.--The Ambassador at Large shall be appointed by the 
President, by and with the advice and consent of the Senate.
    (c) Duties.--The Ambassador at Large shall have the following 
responsibilities:
            (1) In general.--The primary responsibility of the 
        Ambassador at Large shall be to advance the right to freedom of 
        religion abroad, to denounce the violation of that right, and 
        to recommend appropriate responses by the United States 
        Government when this right is violated.
            (2) Advisory role.--The Ambassador at Large shall be a 
        principal adviser to the President and the Secretary of State 
        regarding matters affecting religious freedom abroad and, with 
        advice from the Commission on International Religious Freedom, 
        shall make recommendations regarding--
                    (A) the policies of the United States Government 
                toward governments that violate the freedom of religion 
                or that fail to ensure the individual's right to 
                religious belief and practice; and
                    (B) policies to advance the right to religious 
                freedom abroad.
            (3) Diplomatic representation.--Subject to the direction of 
        the President and the Secretary of State, the Ambassador at 
        Large is authorized to represent the United States in matters 
        and cases relevant to religious freedom abroad in--
                    (A) contacts with foreign governments, 
                intergovernmental organizations, and specialized 
                agencies of the United Nations, the Organization on 
                Security and Cooperation in Europe, and other 
                international organizations of which the United States 
                is a member; and
                    (B) multilateral conferences and meetings relevant 
                to religious freedom abroad.
            (4) Reporting responsibilities.--The Ambassador at Large 
        shall have the reporting responsibilities described in section 
        102.
    (d) Funding.--The Secretary of State shall provide the Ambassador 
at Large with such funds as may be necessary for the hiring of staff 
for the Office, for the conduct of investigations by the Office, and 
for necessary travel to carry out the provisions of this section.

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 September 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; and
                            (iii) particularly severe violations of 
                        religious freedom engaged in or tolerated by 
                        the government of that country.
                    (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, the existence of government policies 
                violating religious freedom, 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 description of 
                United States actions and 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) 
                        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.
            (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.--
            (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).''.

SEC. 103. ESTABLISHMENT OF A RELIGIOUS FREEDOM INTERNET SITE.

    In order to facilitate access by nongovernmental organizations 
(NGOs) and by the public around the world to international documents on 
the protection of religious freedom, the Secretary of State, with the 
assistance of the Ambassador at Large, shall establish and maintain an 
Internet site containing major international documents relating to 
religious freedom, the Annual Report, the Executive Summary, and any 
other documentation or references to other sites as deemed appropriate 
or relevant by the Ambassador at Large.

SEC. 104. TRAINING FOR FOREIGN SERVICE OFFICERS.

    Chapter 2 of title I of the Foreign Service Act of 1980 is amended 
by adding at the end the following new section:

``SEC. 708. TRAINING FOR FOREIGN SERVICE OFFICERS.

    ``The Secretary of State, with the assistance of other relevant 
officials, such as the Ambassador at Large for International Religious 
Freedom appointed under section 101(b) of the International Religious 
Freedom Act of 1998 and the director of the National Foreign Affairs 
Training Center, shall establish as part of the standard training 
provided after January 1, 1999, for officers of the Service, including 
chiefs of mission, instruction in the field of internationally 
recognized human rights. Such training shall include--
            ``(1) instruction on international documents and United 
        States policy in human rights, which shall be mandatory for all 
        members of the Service having reporting responsibilities 
        relating to human rights and for chiefs of mission; and
            ``(2) instruction on the internationally recognized right 
        to freedom of religion, the nature, activities, and beliefs of 
        different religions, and the various aspects and manifestations 
        of violations of religious freedom.''.

SEC. 105. HIGH-LEVEL CONTACTS WITH NONGOVERNMENTAL ORGANIZATIONS.

    United States chiefs of mission shall seek out and contact 
religious nongovernmental organizations to provide high-level meetings 
with religious nongovernmental organizations where appropriate and 
beneficial. United States chiefs of mission and Foreign Service 
officers abroad shall seek to meet with imprisoned religious leaders 
where appropriate and beneficial.

SEC. 106. PROGRAMS AND ALLOCATIONS OF FUNDS BY UNITED STATES MISSIONS 
              ABROAD.

    It is the sense of Congress that--
            (1) United States diplomatic missions in countries the 
        governments of which engage in or tolerate violations of the 
        internationally recognized right to freedom of religion should 
        develop, as part of annual program planning, a strategy to 
        promote respect for the internationally recognized right to 
        freedom of religion; and
            (2) in allocating or recommending the allocation of funds 
        or the recommendation of candidates for programs and grants 
        funded by the United States Government, United States 
        diplomatic missions should give particular consideration to 
        those programs and candidates deemed to assist in the promotion 
        of the right to religious freedom.

SEC. 107. EQUAL ACCESS TO UNITED STATES MISSIONS ABROAD FOR CONDUCTING 
              RELIGIOUS ACTIVITIES.

    (a) In General.--Subject to this section, the Secretary of State 
shall permit, on terms no less favorable than that accorded other 
nongovernmental activities unrelated to the conduct of the diplomatic 
mission, access to the premises of any United States diplomatic mission 
or consular post by any United States citizen seeking to conduct an 
activity for religious purposes.
    (b) Timing and Location.--The Secretary of State shall make 
reasonable accommodations with respect to the timing and location of 
such access in light of--
            (1) the number of United States citizens requesting the 
        access (including any particular religious concerns regarding 
        the time of day, date, or physical setting for services);
            (2) conflicts with official activities and other 
        nonofficial United States citizen requests;
            (3) the availability of openly conducted, organized 
        religious services outside the premises of the mission or post;
            (4) availability of space and resources; and
            (5) necessary security precautions.
    (c) Discretionary Access for Foreign Nationals.--The Secretary of 
State may permit access to the premises of a United States diplomatic 
mission or consular post to foreign nationals for the purpose of 
attending or participating in religious activities conducted pursuant 
to this section.

SEC. 108. PRISONER LISTS AND ISSUE BRIEFS ON RELIGIOUS FREEDOM 
              CONCERNS.

    (a) Sense of Congress.--To encourage involvement with religious 
freedom concerns at every possible opportunity and by all appropriate 
representatives of the United States Government, it is the sense of 
Congress that officials of the executive branch of Government should 
promote increased advocacy on such issues during meetings between 
foreign dignitaries and executive branch officials or Members of 
Congress.
    (b) Prisoner Lists and Issue Briefs on Religious Freedom 
Concerns.--The Secretary of State, in consultation with the Ambassador 
at Large, the Assistant Secretary of State for Democracy, Human Rights 
and Labor, United States chiefs of mission abroad, regional experts, 
and nongovernmental human rights and religious groups, shall prepare 
and maintain issue briefs on religious freedom, on a country-by-country 
basis, consisting of lists of persons believed to be imprisoned, 
detained, or placed under house arrest for their religious faith, 
together with brief evaluations and critiques of the policies of the 
respective country restricting religious freedom. In considering the 
inclusion of names of prisoners on such lists, the Secretary of State 
shall exercise appropriate discretion, including concerns regarding the 
safety, security, and benefit to such prisoners.
    (c) Availability of Information.--The Secretary shall, as 
appropriate, provide religious freedom issue briefs under subsection 
(b) to executive branch officials and Members of Congress in 
anticipation of bilateral contacts with foreign leaders, both in the 
United States and abroad.

        TITLE II--COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

SEC. 201. ESTABLISHMENT AND COMPOSITION.

    (a) Generally.--There is established the United States Commission 
on International Religious Freedom.
    (b) Membership.--
            (1) Appointment.--The Commission shall be composed of--
                    (A) the Ambassador at Large, who shall serve ex 
                officio as a nonvoting member of the Commission; and
                    (B) 9 other members, who shall be United States 
                citizens who are not being paid as officers or 
                employees of the United States, and who shall be 
                appointed as follows:
                            (i) 3 members of the Commission shall be 
                        appointed by the President.
                            (ii) 3 members of the Commission shall be 
                        appointed by the President pro tempore of the 
                        Senate, of which 2 of the members shall be 
                        appointed upon the recommendation of the leader 
                        in the Senate of the political party that is 
                        not the political party of the President, and 
                        of which 1 of the members shall be appointed 
                        upon the recommendation of the leader in the 
                        Senate of the other political party.
                            (iii) 3 members of the Commission shall be 
                        appointed by the Speaker of the House of 
                        Representatives, of which 2 of the members 
                        shall be appointed upon the recommendation of 
                        the leader in the House of the political party 
                        that is not the political party of the 
                        President, and of which 1 of the members shall 
                        be appointed upon the recommendation of the 
                        leader in the House of the other political 
                        party.
            (2) Selection.--
                    (A) In general.--Members of the Commission shall be 
                selected among distinguished individuals noted for 
                their knowledge and experience in fields relevant to 
                the issue of international religious freedom, including 
                foreign affairs, direct experience abroad, human 
                rights, and international law.
                    (B) Security clearances.--Each Member of the 
                Commission shall be required to obtain a security 
                clearance.
            (3) Time of appointment.--The appointments required by 
        paragraph (1) shall be made not later than 120 days after the 
        date of enactment of this Act.
    (c) Terms.--The term of office of each member of the Commission 
shall be 2 years. Members of the Commission shall be eligible for 
reappointment to a second term.
    (d) Election of Chair.--At the first meeting of the Commission in 
each calendar year, a majority of the members of the Commission present 
and voting shall elect the Chair of the Commission.
    (e) Quorum.--Six voting members of the Commission shall constitute 
a quorum for purposes of transacting business.
    (f) Meetings.--Each year, within 15 days, or as soon as 
practicable, after the issuance of the Country Report on Human Rights 
Practices, the Commission shall convene. The Commission shall otherwise 
meet at the call of the Chair or, if no Chair has been elected for that 
calendar year, at the call of six voting members of the Commission.
    (g) Vacancies.--Any vacancy of the Commission shall not affect its 
powers, but shall be filled in the manner in which the original 
appointment was made.
    (h) Administrative Support.--The Secretary of State shall assist 
the Commission by providing to the Commission such staff and 
administrative services of the Office as may be necessary and 
appropriate for the Commission to perform its functions. Any employee 
of the executive branch of Government may be detailed to the Commission 
without reimbursement to the agency of that employee and such detail 
shall be without interruption or loss of civil service status or 
privilege.
    (i) Funding.--Members of the Commission shall be allowed travel 
expenses, including per diem in lieu of subsistence at rates authorized 
for employees of agencies under subchapter I of chapter 57 of title 5, 
United States Code, while away from their homes or regular places of 
business in the performance of services for the Commission.

SEC. 202. DUTIES OF THE COMMISSION.

    (a) In General.--The Commission shall have as its primary 
responsibility--
            (1) the annual and ongoing review of the facts and 
        circumstances of violations of religious freedom presented in 
        the Country Reports on Human Rights Practices, the Annual 
        Report, and the Executive Summary, as well as information from 
        other sources as appropriate; and
            (2) the making of policy recommendations to the President, 
        the Secretary of State, and Congress with respect to matters 
        involving international religious freedom.
    (b) Policy Review and Recommendations in Response to Violations.--
The Commission, in evaluating United States Government policies in 
response to violations of religious freedom, shall consider and 
recommend options for policies of the United States Government with 
respect to each foreign country the government of which has engaged in 
or tolerated violations of religious freedom, including particularly 
severe violations of religious freedom, including diplomatic inquiries, 
diplomatic protest, official public protest demarche of protest, 
condemnation within multilateral fora, delay or cancellation of 
cultural or scientific exchanges, delay or cancellation of working, 
official, or state visits, reduction of certain assistance funds, 
termination of certain assistance funds, imposition of targeted trade 
sanctions, imposition of broad trade sanctions, and withdrawal of the 
chief of mission.
    (c) Policy Review and Recommendations in Response to Progress.--The 
Commission, in evaluating the United States Government policies with 
respect to countries found to be taking deliberate steps and making 
significant improvement in respect for the right of religious freedom, 
shall consider and recommend policy options, including private 
commendation, diplomatic commendation, official public commendation, 
commendation within multilateral fora, an increase in cultural or 
scientific exchanges, or both, termination or reduction of existing 
Presidential actions, an increase in certain assistance funds, and 
invitations for working, official, or state visits.
    (d) Effects on Religious Communities and Individuals.--Together 
with specific policy recommendations provided under subsections (b) and 
(c), the Commission shall also indicate its evaluation of the potential 
effects of such policies, if implemented, on the religious communities 
and individuals whose rights are found to be violated in the country in 
question.
    (e) Monitoring.--The Commission shall, on an ongoing basis, monitor 
facts and circumstances of violations of religious freedom, in 
consultation with independent human rights groups and nongovernmental 
organizations, including churches and other religious communities, and 
make such recommendations as may be necessary to the appropriate 
officials and offices in the United States Government.
    (f) Hearings and Sessions.--The Commission may, for the purpose of 
carrying out its duties under this title, hold hearings, sit and act at 
times and places in the United States, take testimony, and receive 
evidence as the Commission considers advisable to carry out the 
purposes of this Act.

SEC. 203. REPORT OF THE COMMISSION.

    (a) In General.--Not later than May 1 of each year, the Commission 
shall submit a report to the President, the Secretary of State, and 
Congress setting forth its recommendations for United States policy 
options based on its evaluations under section 202.
    (b) Classified Form of Report.--The report may be submitted in 
classified form, together with a public summary of recommendations, if 
the classification of information would further the purposes of this 
Act.
    (c) Individual or Dissenting Views.--Each member of the Commission 
may include the individual or dissenting views of the member.

SEC. 204. APPLICABILITY OF OTHER LAWS.

    The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
to the Commission.

SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the 
Commission $3,000,000 for each of the fiscal years 1999 and 2000 to 
carry out the provisions of this title.
    (b) Availability of Funds.--Amounts authorized to be appropriated 
under subparagraph (a) are authorized to remain available until 
expended but not later than the date of termination of the Commission.

SEC. 206. TERMINATION.

    The Commission shall terminate 4 years after the initial 
appointment of all of the Commissioners.

                  TITLE III--NATIONAL SECURITY COUNCIL

SEC. 301. SPECIAL ADVISER ON INTERNATIONAL RELIGIOUS FREEDOM.

    Section 101 of the National Security Act of 1947 (50 U.S.C. 402) is 
amended by adding at the end the following new subsection:
    ``(i) It is the sense of the Congress that there should be within 
the staff of the National Security Council a Special Adviser to the 
President on International Religious Freedom, whose position should be 
comparable to that of a director within the Executive Office of the 
President. The Special Adviser should serve as a resource for executive 
branch officials, compiling and maintaining information on the facts 
and circumstances of violations of religious freedom (as defined in 
section 3 of the International Religious Freedom Act of 1998), and 
making policy recommendations. The Special Adviser should serve as 
liaison with the Ambassador at Large for International Religious 
Freedom, the United States Commission on International Religious 
Freedom, Congress and, as advisable, religious nongovernmental 
organizations.''.

                     TITLE IV--PRESIDENTIAL ACTIONS

   Subtitle I--Targeted Responses to Violations of Religious Freedom 
                                 Abroad

SEC. 401. PRESIDENTIAL ACTIONS IN RESPONSE TO VIOLATIONS OF RELIGIOUS 
              FREEDOM.

    (a) Response to violations of religious freedom.--
            (1) In general.--
                    (A) United states policy.--It shall be the policy 
                of the United States--
                            (i) to oppose violations of religious 
                        freedom that are or have been engaged in or 
                        tolerated by the governments of foreign 
                        countries; and
                            (ii) to promote the right to freedom of 
                        religion in those countries through the actions 
                        described in subsection (b).
                    (B) Requirement of presidential action.--For each 
                foreign country the government of which engages in or 
                tolerates violations of religious freedom, the 
                President shall oppose such violations and promote the 
                right to freedom of religion in that country through 
                the actions described in subsection (b).
            (2) Basis of actions.--Each action taken under paragraph 
        (1)(B) shall be based upon information regarding violations of 
        religious freedom, as described in the latest Country Reports 
        on Human Rights Practices, the Annual Report and Executive 
        Summary, and on any other evidence available, and shall take 
        into account any findings or recommendations by the Commission 
        with respect to the foreign country.
    (b) Presidential Actions.--
            (1) In general.--Subject to paragraphs (2) and (3), the 
        President, in consultation with the Secretary of State, the 
        Ambassador at Large, the Special Adviser, and the Commission, 
        shall, as expeditiously as practicable in response to the 
        violations described in subsection (a) by the government of a 
        foreign country--
                    (A) take one or more of the actions described in 
                paragraphs (1) through (15) of section 405(a) (or 
                commensurate action in substitution thereto) with 
                respect to such country; or
                    (B) negotiate and enter into a binding agreement 
                with the government of such country, as described in 
                section 405(c).
            (2) Deadline for actions.--Not later than September 1 of 
        each year, the President shall take action under any of the 
        paragraphs (1) through (15) of section 405(a) (or commensurate 
        action in substitution thereto) with respect to each foreign 
        country the government of which has engaged in or tolerated 
        violations of religious freedom at any time since September 1 
        of the preceding year, except that in the case of action under 
        any of the paragraphs (9) through (15) of section 405(a) (or 
        commensurate action in substitution thereto)--
            (A) the action may only be taken after the requirements of 
        sections 403 and 404 have been satisfied; and
            (B) the September 1 limitation shall not apply.
            (3) Authority for delay of presidential actions.--The 
        President may delay action under paragraph (2) described in any 
        of the paragraphs (9) through (15) of section 405(a) (or 
        commensurate action in substitution thereto) if he determines 
        and certifies to Congress that a single, additional period of 
        time, not to exceed 90 days, is necessary pursuant to the same 
        provisions applying to countries of particular concern for 
        religious freedom under section 402(c)(3).
    (c) Implementation.--
            (1) In general.--In carrying out subsection (b), the 
        President shall--
                    (A) take the action or actions that most 
                appropriately respond to the nature and severity of the 
                violations of religious freedom;
                    (B) seek to the fullest extent possible to target 
                action as narrowly as practicable with respect to the 
                agency or instrumentality of the foreign government, or 
                specific officials thereof, that are responsible for 
                such violations; and
                    (C) when appropriate, make every reasonable effort 
                to conclude a binding agreement concerning the 
                cessation of such violations in countries with which 
                the United States has diplomatic relations.
            (2) Guidelines for presidential actions.--In addition to 
        the guidelines under paragraph (1), the President, in 
        determining whether to take a Presidential action under 
        paragraphs (9) through (15) of section 405(a) (or commensurate 
        action in substitution thereto), shall seek to minimize any 
        adverse impact on--
                    (A) the population of the country whose government 
                is targeted by the Presidential action or actions; and
                    (B) the humanitarian activities of United States 
                and foreign nongovernmental organizations in such 
                country.

SEC. 402. PRESIDENTIAL ACTIONS IN RESPONSE TO PARTICULARLY SEVERE 
              VIOLATIONS OF RELIGIOUS FREEDOM.

    (a) Response to Particularly Severe Violations of Religious 
Freedom.--
            (1) United states policy.--It shall be the policy of the 
        United States--
                            (A) to oppose particularly severe 
                        violations of religious freedom that are or 
                        have been engaged in or tolerated by the 
                        governments of foreign countries; and
                            (B) to promote the right to freedom of 
                        religion in those countries through the actions 
                        described in subsection (c).
            (2) Requirement of presidential action.--Whenever the 
        President determines that the government of a foreign country 
        has engaged in or tolerated particularly severe violations of 
        religious freedom, the President shall oppose such violations 
        and promote the right to religious freedom through one or more 
        of the actions described in subsection (c).
    (b) Designations of Countries of Particular Concern for Religious 
Freedom.--
            (1) Annual review.--
                    (A) In general.--Not later than September 1 of each 
                year, the President shall review the status of 
                religious freedom in each foreign country to determine 
                whether the government of that country has engaged in 
                or tolerated particularly severe violations of 
                religious freedom in that country during the preceding 
                12 months or since the date of the last review of that 
                country under this subparagraph, whichever period is 
                longer. The President shall designate each country the 
                government of which has engaged in or tolerated 
                violations described in this subparagraph as a country 
                of particular concern for religious freedom.
                    (B) Basis of review.--Each review conducted under 
                subparagraph (A) shall be based upon information 
                contained in the latest Country Reports on Human Rights 
                Practices, the Annual Report, and on any other evidence 
                available and shall take into account any findings or 
                recommendations by the Commission with respect to the 
                foreign country.
                    (C) Implementation.--Any review under subparagraph 
                (A) of a foreign country may take place singly or 
                jointly with the review of one or more countries and 
                may take place at any time prior to September 1 of the 
                respective year.
            (2) Determinations of responsible parties.--For the 
        government of each country designated as a country of 
        particular concern for religious freedom under paragraph 
        (1)(A), the President shall seek to determine the agency or 
        instrumentality thereof and the specific officials thereof that 
        are responsible for the particularly severe violations of 
        religious freedom engaged in or tolerated by that government in 
        order to appropriately target Presidential actions under this 
        section in response.
            (3) Congressional notification.--Whenever the President 
        designates a country as a country of particular concern for 
        religious freedom under paragraph (1)(A), the President shall, 
        as soon as practicable after the designation is made, transmit 
        to the appropriate congressional committees--
                    (A) the designation of the country, signed by the 
                President; and
                    (B) the identification, if any, of responsible 
                parties determined under paragraph (2).
    (c) Presidential Actions With Respect to Countries of Particular 
Concern for Religious Freedom.--
            (1) In general.--Subject to paragraphs (2), (3), and (4) 
        with respect to each country of particular concern for 
        religious freedom designated under subsection (b)(1)(A), the 
        President shall, after the requirements of sections 403 and 404 
        have been satisfied, but not later than 90 days (or 180 days in 
        case of a delay under paragraph (3)) after the date of 
        designation of the country under that subsection, carry out one 
        or more of the following actions under subparagraph (A) or 
        subparagraph (B):
                    (A) Presidential actions.--One or more of the 
                Presidential actions described in paragraphs (9) 
                through (15) of section 405(a), as determined by the 
                President.
                    (B) Commensurate actions.--Commensurate action in 
                substitution to any action described in subparagraph 
                (A).
            (2) Substitution of binding agreements.--
                    (A) In general.--In lieu of carrying out action 
                under paragraph (1), the President may conclude a 
                binding agreement with the respective foreign 
                government as described in section 405(c). The 
                existence of a binding agreement under this paragraph 
                with a foreign government may be considered by the 
                President prior to making any determination or taking 
                any action under this title.
                    (B) Statutory construction.--Nothing in this 
                paragraph may be construed to authorize the entry of 
                the United States into an agreement covering matters 
                outside the scope of violations of religious freedom.
            (3) Authority for delay of presidential actions.--If, on or 
        before the date that the President is required (but for this 
        paragraph) to take action under paragraph (1), the President 
        determines and certifies to Congress that a single, additional 
        period of time not to exceed 90 days is necessary--
                    (A) for a continuation of negotiations that have 
                been commenced with the government of that country to 
                bring about a cessation of the violations by the 
                foreign country;
                    (B) for a continuation of multilateral negotiations 
                into which the United States has entered to bring about 
                a cessation of the violations by the foreign country;
                    (C)(i) for a review of corrective action taken by 
                the foreign country after designation of such country 
                as a country of particular concern; or
                    (ii) in anticipation that corrective action will be 
                taken by the foreign country during the 90-day period,
        then the President shall not be required to take action until 
        the expiration of that period of time.
            (4) Exception for ongoing presidential action.--The 
        President shall not be required to take action pursuant to this 
        subsection in the case of a country of particular concern for 
        religious freedom, if with respect to such country--
                    (A) the President has taken action pursuant to this 
                Act in a preceding year;
                    (B) such action is in effect at the time the 
                country is designated as a country of particular 
                concern for religious freedom under this section;
                    (C) the President reports to Congress the 
                information described in section 404(a) (1), (2), (3), 
                and (4) regarding the actions in effect with respect to 
                the country; and
                    (D) at the time the President determines a country 
                to be a country of particular concern, if that country 
                is already subject to multiple, broad-based sanctions 
                imposed in significant part in response to human rights 
                abuses, and such sanctions are ongoing, the President 
                may determine that one or more of these sanctions also 
                satisfies the requirements of this subsection. In a 
                report to Congress pursuant to section 404(a) (1), (2), 
                (3), and (4), and, as applicable, to section 408, the 
                President must designate the specific sanction or 
                sanctions which he determines satisfy the requirements 
                of this subsection. The sanctions so designated shall 
                remain in effect subject to section 409 of this Act.
    (d) Statutory Construction.--A determination under this Act, or any 
amendment made by this Act, that a foreign country has engaged in or 
tolerated particularly severe violations of religious freedom shall not 
be construed to require the termination of assistance or other 
activities with respect to that country under any other provision of 
law, including section 116 or 502B of the Foreign Assistance Act of 
1961 (22 U.S.C. 2151n, 2304).

SEC. 403. CONSULTATIONS.

    (a) In General.--As soon as practicable after the President decides 
to take action under section 401 in response to violations of religious 
freedom and the President decides to take action under paragraphs (9) 
through (15) of section 405(a) (or commensurate action in substitution 
thereto) with respect to that country, or not later than 90 days after 
the President designates a country as a country of particular concern 
for religious freedom under section 402, as the case may be, the 
President shall carry out the consultations required in this section.
    (b) Duty To Consult With Foreign Governments Prior To Taking 
Presidential Actions.--
            (1) In general.--The President shall--
                    (A) request consultation with the government of 
                such country regarding the violations giving rise to 
                designation of that country as a country of particular 
                concern for religious freedom or to Presidential action 
                under section 401; and
                    (B) if agreed to, enter into such consultations, 
                privately or publicly.
            (2) Use of multilateral fora.--If the President determines 
        it to be appropriate, such consultations may be sought and may 
        occur in a multilateral forum, but, in any event, the President 
        shall consult with appropriate foreign governments for the 
        purposes of achieving a coordinated international policy on 
        actions that may be taken with respect to a country described 
        in subsection (a), prior to implementing any such action.
            (3) Election of nondisclosure of negotiations to public.--
        If negotiations are undertaken or an agreement is concluded 
        with a foreign government regarding steps to cease the pattern 
        of violations by that government, and if public disclosure of 
        such negotiations or agreement would jeopardize the 
        negotiations or the implementation of such agreement, as the 
        case may be, the President may refrain from disclosing such 
        negotiations and such agreement to the public, except that the 
        President shall inform the appropriate congressional committees 
        of the nature and extent of such negotiations and any agreement 
        reached.
    (c) Duty To Consult With Humanitarian Organizations.--The President 
should consult with appropriate humanitarian and religious 
organizations concerning the potential impact of United States policies 
to promote freedom of religion in countries described in subsection 
(a).
    (d) Duty To Consult With United States Interested Parties.--The 
President shall, as appropriate, consult with United States interested 
parties as to the potential impact of intended Presidential action or 
actions in countries described in subsection (a) on economic or other 
interests of the United States.

SEC. 404. REPORT TO CONGRESS.

    (a) In General.--Subject to subsection (b), not later than 90 days 
after the President decides to take action under section 401 in 
response to violations of religious freedom and the President decides 
to take action under paragraphs (9) through (15) of section 405(a) (or 
commensurate action in substitution thereto) with respect to that 
country, or not later than 90 days after the President designates a 
country as a country of particular concern for religious freedom under 
section 402, as the case may be, the President shall submit a report to 
Congress containing the following:
            (1) Identification of presidential actions.--An 
        identification of the Presidential action or actions described 
        in paragraphs (9) through (15) of section 405(a) (or 
        commensurate action in substitution thereto) to be taken with 
        respect to the foreign country.
            (2) Description of violations.--A description of the 
        violations giving rise to the Presidential action or actions to 
        be taken.
            (3) Purpose of presidential actions.--A description of the 
        purpose of the Presidential action or actions.
            (4) Evaluation.--
                    (A) Description.--An evaluation, in consultation 
                with the Secretary of State, the Ambassador at Large, 
                the Commission, the Special Adviser, the parties 
                described in section 403 (c) and (d), and whoever else 
                the President deems appropriate, of--
                            (i) the impact upon the foreign government;
                            (ii) the impact upon the population of the 
                        country; and
                            (iii) the impact upon the United States 
                        economy and other interested parties.
                    (B) Authority to withhold disclosure.--The 
                President may withhold part or all of such evaluation 
                from the public but shall provide the entire evaluation 
                to Congress.
            (5) Statement of policy options.--A statement that 
        noneconomic policy options designed to bring about cessation of 
        the particularly severe violations of religious freedom have 
        reasonably been exhausted, including the consultations required 
        in section 403.
            (6) Description of multilateral negotiations.--A 
        description of multilateral negotiations sought or carried out, 
        if appropriate and applicable.
    (b) Delay in Transmittal of Report.--If, on or before the date that 
the President is required (but for this subsection) to submit a report 
under subsection (a) to Congress, the President determines and 
certifies to Congress that a single, additional period of time not to 
exceed 90 days is necessary pursuant to section 401(b)(3) or section 
402(c)(3), then the President shall not be required to submit the 
report to Congress until the expiration of that period of time.

SEC. 405. DESCRIPTION OF PRESIDENTIAL ACTIONS.

    (a) Description of Presidential Actions.--Except as provided in 
subsection (d), the Presidential actions referred to in this subsection 
are the following:
            (1) A private demarche.
            (2) An official public demarche.
            (3) A public condemnation.
            (4) A public condemnation within one or more multilateral 
        fora.
            (5) The delay or cancellation of one or more scientific 
        exchanges.
            (6) The delay or cancellation of one or more cultural 
        exchanges.
            (7) The denial of one or more working, official, or state 
        visits.
            (8) The delay or cancellation of one or more working, 
        official, or state visits.
            (9) The withdrawal, limitation, or suspension of United 
        States development assistance in accordance with section 116 of 
        the Foreign Assistance Act of 1961.
            (10) Directing the Export-Import Bank of the United States, 
        the Overseas Private Investment Corporation, or the Trade and 
        Development Agency not to approve the issuance of any (or a 
        specified number of) guarantees, insurance, extensions of 
        credit, or participations in the extension of credit with 
        respect to the specific government, agency, instrumentality, or 
        official found or determined by the President to be responsible 
        for violations under section 401 or 402.
            (11) The withdrawal, limitation, or suspension of United 
        States security assistance in accordance with section 502B of 
        the Foreign Assistance Act of 1961.
            (12) Consistent with section 701 of the International 
        Financial Institutions Act of 1977, directing the United States 
        executive directors of international financial institutions to 
        oppose and vote against loans primarily benefiting the specific 
        foreign government, agency, instrumentality, or official found 
        or determined by the President to be responsible for violations 
        under section 401 or 402.
            (13) Ordering the heads of the appropriate United States 
        agencies not to issue any (or a specified number of) specific 
        licenses, and not to grant any other specific authority (or a 
        specified number of authorities), to export any goods or 
        technology to the specific foreign government, agency, 
        instrumentality, or official found or determined by the 
        President to be responsible for violations under section 401 or 
        402, under--
                    (A) the Export Administration Act of 1979;
                    (B) the Arms Export Control Act;
                    (C) the Atomic Energy Act of 1954; or
                    (D) any other statute that requires the prior 
                review and approval of the United States Government as 
                a condition for the export or reexport of goods or 
                services.
            (14) Prohibiting any United States financial institution 
        from making loans or providing credits totaling more than 
        $10,000,000 in any 12-month period to the specific foreign 
        government, agency, instrumentality, or official found or 
        determined by the President to be responsible for violations 
        under section 401 or 402.
            (15) Prohibiting the United States Government from 
        procuring, or entering into any contract for the procurement 
        of, any goods or services from the foreign government, 
        entities, or officials found or determined by the President to 
        be responsible for violations under section 401 or 402.
    (b) Commensurate Action.--Except as provided in subsection (d), the 
President may substitute any other action authorized by law for any 
action described in paragraphs (1) through (15) of subsection (a) if 
such action is commensurate in effect to the action substituted and if 
the action would further the policy of the United States set forth in 
section 2(b) of this Act. The President shall seek to take all 
appropriate and feasible actions authorized by law to obtain the 
cessation of the violations. If commensurate action is taken, the 
President shall report such action, together with an explanation for 
taking such action, to the appropriate congressional committees.
    (c) Binding Agreements.--The President may negotiate and enter into 
a binding agreement with a foreign government that obligates such 
government to cease, or take substantial steps to address and phase 
out, the act, policy, or practice constituting the violation of 
religious freedom. The entry into force of a binding agreement for the 
cessation of the violations shall be a primary objective for the 
President in responding to a foreign government that has engaged in or 
tolerated particularly severe violations of religious freedom.
    (d) Exceptions.--Any action taken pursuant to subsection (a) or (b) 
may not prohibit or restrict the provision of medicine, medical 
equipment or supplies, food, or other humanitarian assistance.

SEC. 406. EFFECTS ON EXISTING CONTRACTS.

    The President shall not be required to apply or maintain any 
Presidential action under this subtitle--
            (1) in the case of procurement of defense articles or 
        defense services--
                    (A) under existing contracts or subcontracts, 
                including the exercise of options for production 
                quantities, to satisfy requirements essential to the 
                national security of the United States;
                    (B) if the President determines in writing and so 
                reports to Congress that the person or other entity to 
                which the Presidential action would otherwise be 
                applied is a sole source supplier of the defense 
                articles or services, that the defense articles or 
                services are essential, and that alternative sources 
                are not readily or reasonably available; or
                    (C) if the President determines in writing and so 
                reports to Congress that such articles or services are 
                essential to the national security under defense 
                coproduction agreements; or
            (2) to products or services provided under contracts 
        entered into before the date on which the President publishes 
        his intention to take the Presidential action.

SEC. 407. PRESIDENTIAL WAIVER.

    (a) In General.--Subject to subsection (b), the President may waive 
the application of any of the actions described in paragraphs (9) 
through (15) of section 405(a) (or commensurate action in substitution 
thereto) with respect to a country, if the President determines and so 
reports to the appropriate congressional committees that--
            (1) the respective foreign government has ceased the 
        violations giving rise to the Presidential action;
            (2) the exercise of such waiver authority would further the 
        purposes of this Act; or
            (3) the important national interest of the United States 
        requires the exercise of such waiver authority.
    (b) Congressional Notification.--Not later than the date of the 
exercise of a waiver under subsection (a), the President shall notify 
the appropriate congressional committees of the waiver or the intention 
to exercise the waiver, together with a detailed justification thereof.

SEC. 408. PUBLICATION IN FEDERAL REGISTER.

    (a) In General.--Subject to subsection (b), the President shall 
cause to be published in the Federal Register the following:
            (1) Determinations of governments, officials, and entities 
        of particular concern.--Any designation of a country of 
        particular concern for religious freedom under section 
        402(b)(1), together with, when applicable and to the extent 
        practicable, the identities of the officials or entities 
        determined to be responsible for the violations under section 
        402(b)(2).
            (2) Presidential actions.--A description of any 
        Presidential action under paragraphs (9) through (15) of 
        section 405(a) (or commensurate action in substitution thereto) 
        and the effective date of the Presidential action.
            (3) Delays in transmittal of presidential action reports.--
        Any delay in transmittal of a Presidential action report, as 
        described in section 404(b).
            (4) Waivers.--Any waiver under section 407.
    (b) Limited Disclosure of Information.--The President may limit 
publication of information under this section in the same manner and to 
the same extent as the President may limit the publication of findings 
and determinations described in section 654(c) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2414(c)), if the President determines 
that the publication of information under this section--
            (1) would be harmful to the national security of the United 
        States; or
            (2) would not further the purposes of this Act.

SEC. 409. TERMINATION OF PRESIDENTIAL ACTIONS.

    Any Presidential action taken under this Act with respect to a 
foreign country shall terminate on the earlier of the following dates:
            (1) Termination date.--Within 2 years of the effective date 
        of the Presidential action unless expressly reauthorized by 
        law.
            (2) Foreign government actions.--Upon the determination by 
        the President, in consultation with the Commission, and 
        certification to Congress that the foreign government has 
        ceased or taken substantial and verifiable steps to cease the 
        particularly severe violations of religious freedom.

SEC. 410. PRECLUSION OF JUDICIAL REVIEW.

    No court shall have jurisdiction to review any Presidential 
determination or agency action under this Act or any amendment made by 
this Act.

                Subtitle II--Strengthening Existing Law

SEC. 421. UNITED STATES ASSISTANCE.

    (a) Implementation of Prohibition on Economic Assistance.--Section 
116(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(c)) is 
amended--
            (1) in the text above paragraph (1), by inserting ``and in 
        consultation with the Ambassador at Large for International 
        Religious Freedom'' after ``Labor''.
            (2) by striking ``and'' at the end of paragraph (1);
            (3) by striking the period at the end of paragraph (2) and 
        inserting ``; and''; and
            (4) by adding at the end the following new paragraph:
            ``(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.''.
    (b) Implementation of Prohibition on Military Assistance.--Section 
502B(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(a)) is 
amended by adding at the end the following new paragraph:
    ``(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.''.

SEC. 422. MULTILATERAL ASSISTANCE.

    Section 701 of the International Financial Institutions Act (22 
U.S.C. 262d) is amended by adding at the end the following new 
subsection:
    ``(g) In determining whether the government of a country engages in 
a pattern of gross violations of internationally recognized human 
rights, as described in subsection (a), the President shall give 
particular consideration to whether a foreign government--
            ``(1) 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
            ``(2) has failed to undertake serious and sustained efforts 
        to combat particularly severe violations of religious freedom 
        when such efforts could have been reasonably undertaken.''.

SEC. 423. EXPORTS OF CERTAIN ITEMS USED IN PARTICULARLY SEVERE 
              VIOLATIONS OF RELIGIOUS FREEDOM.

    (a) Mandatory Licensing.--Notwithstanding any other provision of 
law, the Secretary of Commerce, with the concurrence of the Secretary 
of State, shall include on the list of crime control and detection 
instruments or equipment controlled for export and reexport under 
section 6(n) of the Export Administration Act of 1979 (22 U.S.C. App. 
2405(n)), or under any other provision of law, items being exported or 
reexported to countries of particular concern for religious freedom 
that the Secretary of Commerce, with the concurrence of the Secretary 
of State, and in consultation with appropriate officials including the 
Assistant Secretary of State for Democracy, Human Rights and Labor and 
the Ambassador at Large, determines are being used or are intended for 
use directly and in significant measure to carry out particularly 
severe violations of religious freedom.
    (b) Licensing Ban.--The prohibition on the issuance of a license 
for export of crime control and detection instruments or equipment 
under section 502B(a)(2) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2304(a)(2)) shall apply to the export and reexport of any item 
included pursuant to subsection (a) on the list of crime control 
instruments.

                TITLE V--PROMOTION OF RELIGIOUS FREEDOM

SEC. 501. ASSISTANCE FOR PROMOTING RELIGIOUS FREEDOM.

    (a) Findings.--Congress makes the following findings:
            (1) In many nations where severe violations of religious 
        freedom occur, there is not sufficient statutory legal 
        protection for religious minorities or there is not sufficient 
        cultural and social understanding of international norms of 
        religious freedom.
            (2) Accordingly, in the provision of foreign assistance, 
        the United States should make a priority of promoting and 
        developing legal protections and cultural respect for religious 
        freedom.
    (b) Allocation of Funds for Increased Promotion of Religious 
Freedoms.--Section 116(e) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2151n(e)) is amended by inserting ``, including the right to 
free religious belief and practice'' after ``adherence to civil and 
political rights''.

SEC. 502. INTERNATIONAL BROADCASTING.

    Section 303(a) of the United States International Broadcasting Act 
of 1994 (22 U.S.C. 6202(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (6);
            (2) by striking the period at the end of paragraph (7) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(8) promote respect for human rights, including freedom 
        of religion.''.

SEC. 503. INTERNATIONAL EXCHANGES.

    Section 102(b) of the Mutual Educational and Cultural Exchange Act 
of 1961 (22 U.S.C. 2452(b)) is amended--
            (1) by striking ``and'' after paragraph (10);
            (2) by striking the period at the end of paragraph (11) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(12) promoting respect for and guarantees of religious 
        freedom abroad by interchanges and visits between the United 
        States and other nations of religious leaders, scholars, and 
        religious and legal experts in the field of religious 
        freedom.''.

SEC. 504. FOREIGN SERVICE AWARDS.

    (a) Performance Pay.--Section 405(d) of the Foreign Service Act of 
1980 (22 U.S.C. 3965(d)) is amended by inserting after the first 
sentence the following: ``Such service in the promotion of 
internationally recognized human rights, including the right to freedom 
of religion, shall serve as a basis for granting awards under this 
section.''.
    (b) Foreign Service Awards.--Section 614 of the Foreign Service Act 
of 1980 (22 U.S.C. 4013) is amended by adding at the end the following 
new sentence: ``Distinguished, meritorious service in the promotion of 
internationally recognized human rights, including the right to freedom 
of religion, shall serve as a basis for granting awards under this 
section.''.

            TITLE VI--REFUGEE, ASYLUM, AND CONSULAR MATTERS

SEC. 601. USE OF ANNUAL REPORT.

    The Annual Report, together with other relevant documentation, 
shall serve as a resource for immigration judges and consular, refugee, 
and asylum officers in cases involving claims of persecution on the 
grounds of religion. Absence of reference by the Annual Report to 
conditions described by the alien shall not constitute the sole grounds 
for a denial of the alien's claim.

SEC. 602. REFORM OF REFUGEE POLICY.

    (a) Training.--Section 207 of the Immigration and Nationality Act 
(8 U.S.C. 1157) is amended by adding at the end the following new 
subsection:
    ``(f)(1) The Attorney General, in consultation with the Secretary 
of State, shall provide all United States officials adjudicating 
refugee cases under this section with the same training as that 
provided to officers adjudicating asylum cases under section 208.
    ``(2) Such training shall include country-specific conditions, 
instruction on the internationally recognized right to freedom of 
religion, instruction on methods of religious persecution practiced in 
foreign countries, and applicable distinctions within a country between 
the nature of and treatment of various religious practices and 
believers.''.
    (b) Training for Foreign Service Officers.--Section 708 of the 
Foreign Service Act of 1980, as added by section 104 of this Act, is 
further amended--
            (1) by inserting ``(a)'' before ``The Secretary of State''; 
        and
            (2) by adding at the end the following:
    ``(b) The Secretary of State shall provide sessions on refugee law 
and adjudications and on religious persecution to each individual 
seeking a commission as a United States consular officer. The Secretary 
shall also ensure that any member of the Service who is assigned to a 
position that may be called upon to assess requests for consideration 
for refugee admissions, including any consular officer, has completed 
training on refugee law and refugee adjudications in addition to the 
training required in this section.''.
    (c) Guidelines for Refugee-Processing Posts.--
            (1) Guidelines for addressing hostile biases.--The Attorney 
        General and the Secretary of State shall develop and implement 
        guidelines that address potential biases in personnel of the 
        Immigration and Naturalization Service that are hired abroad 
        and involved with duties which could constitute an effective 
        barrier to a refugee claim if such personnel carries a bias 
        against the claimant on the grounds of religion, race, 
        nationality, membership in a particular social group, or 
        political opinion. The subject matter of this training should 
        be culturally sensitive and tailored to provide a nonbiased, 
        nonadversarial atmosphere for the purpose of refugee 
        adjudications.
            (2) Guidelines for refugee-processing posts in establishing 
        agreements with united states government-designated refugee 
        processing entities.--The Attorney General and the Secretary of 
        State shall develop and implement guidelines to ensure uniform 
        procedures for establishing agreements with United States 
        Government-designated refugee processing entities and 
        personnel, and uniform procedures for such entities and 
        personnel responsible for preparing refugee case files for use 
        by the Immigration and Naturalization Service during refugee 
        adjudications. These procedures should ensure, to the extent 
        practicable, that case files prepared by such entities 
        accurately reflect information provided by the refugee 
        applicants and that genuine refugee applicants are not 
        disadvantaged or denied refugee status due to faulty case file 
        preparation.
    (d) Annual Consultation.--The President shall include in each 
annual report on proposed refugee admissions under section 207(d) of 
the Immigration and Nationality Act (8 U.S.C. 1157(d)) information 
about religious persecution of refugee populations eligible for 
consideration for admission to the United States. The Secretary of 
State shall include information on religious persecution of refugee 
populations in the formal testimony presented to the Committees on the 
Judiciary of the House of Representatives and the Senate during the 
consultation process under section 207(e) of the Immigration and 
Nationality Act (8 U.S.C. 1157(e)).

SEC. 603. REFORM OF ASYLUM POLICY.

    (a) Guidelines.--The Attorney General and the Secretary of State 
shall develop guidelines to ensure that persons with potential biases 
against individuals on the grounds of religion, race, nationality, 
membership in a particular social group, or political opinion, 
including interpreters and personnel of airlines owned by governments 
known to be involved in practices which would meet the definition of 
persecution under international refugee law, shall not in any manner be 
used to interpret conversations between aliens and inspection or asylum 
officers.
    (b) Training for Asylum and Immigration Officers.--The Attorney 
General, in consultation with the Secretary of State, the Ambassador at 
Large, and other relevant officials such as the Director of the 
National Foreign Affairs Training Center, shall provide training to all 
officers adjudicating asylum cases, and to immigration officers 
performing duties under section 235(b) of the Immigration and 
Nationality Act (8 U.S.C. 1225(b)), on the nature of religious 
persecution abroad, including country-specific conditions, instruction 
on the internationally recognized right to freedom of religion, 
instruction on methods of religious persecution practiced in foreign 
countries, and applicable distinctions within a country in the 
treatment of various religious practices and believers.
    (c) Training for Immigration Judges.--The Executive Office of 
Immigration Review of the Department of Justice shall incorporate into 
its initial and ongoing training of immigration judges training on the 
extent and nature of religious persecution internationally, including 
country-specific conditions, and including use of the Annual Report. 
Such training shall include governmental and nongovernmental methods of 
persecution employed, and differences in the treatment of religious 
groups by such persecuting entities.

SEC. 604. INADMISSIBILITY OF FOREIGN GOVERNMENT OFFICIALS WHO HAVE 
              ENGAGED IN PARTICULARLY SEVERE VIOLATIONS OF RELIGIOUS 
              FREEDOM.

    (a) Ineligibility for Visas or Admission.--Section 212(a)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by 
adding at the end the following new subparagraph:
                    ``(G) Foreign government officials who have engaged 
                in particularly severe violations of religious 
                freedom.--Any alien who, while serving as a foreign 
                government official, was responsible for or directly 
                carried out, at any time during the preceding 24-month 
                period, particularly severe violations of religious 
                freedom, as defined in section 3 of the International 
                Religious Freedom Act of 1998, and the spouse and 
                children, if any, are inadmissible.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to aliens seeking to enter the United States on or after the date 
of enactment of this Act.

SEC. 605. STUDIES ON THE EFFECT OF EXPEDITED REMOVAL PROVISIONS ON 
              ASYLUM CLAIMS.

    (a) Studies.--
            (1) Commission request for participation by experts on 
        refugee and asylum issues.--If the Commission so requests, the 
        Attorney General shall invite experts designated by the 
        Commission, who are recognized for their expertise and 
        knowledge of refugee and asylum issues, to conduct a study, in 
        cooperation with the Comptroller General of the United States, 
        to determine whether immigration officers described in 
        paragraph (2) are engaging in any of the conduct described in 
        such paragraph.
            (2) Duties of comptroller general.--The Comptroller General 
        of the United States shall conduct a study alone or, upon 
        request by the Commission, in cooperation with experts 
        designated by the Commission, to determine whether immigration 
        officers performing duties under section 235(b) of the 
        Immigration and Nationality Act (8 U.S.C. 1225(b)) with respect 
        to aliens who may be eligible to be granted asylum are engaging 
        in any of the following conduct:
                    (A) Improperly encouraging such aliens to withdraw 
                their applications for admission.
                    (B) Incorrectly failing to refer such aliens for an 
                interview by an asylum officer for a determination of 
                whether they have a credible fear of persecution 
                (within the meaning of section 235(b)(1)(B)(v) of such 
                Act).
                    (C) Incorrectly removing such aliens to a country 
                where they may be persecuted.
                    (D) Detaining such aliens improperly or in 
                inappropriate conditions.
    (b) Reports.--
            (1) Participation by experts.--In the case of a Commission 
        request under subsection (a), the experts designated by the 
        Commission under that subsection may submit a report to the 
        committees described in paragraph (2). Such report may be 
        submitted with the Comptroller General's report under 
        subsection (a)(2) or independently.
            (2) Duties of comptroller general.--Not later than 
        September 1, 2000, the Comptroller General of the United States 
        shall submit to the Committees on the Judiciary of the House of 
        Representatives and the Senate, the Committee on International 
        Relations of the House of Representatives, and the Committee on 
        Foreign Relations of the Senate a report containing the results 
        of the study conducted under subsection (a)(2). If the 
        Commission requests designated experts to participate with the 
        Comptroller General in the preparation and submission of the 
        report, the Comptroller General shall grant the request.
    (c) Access to Proceedings.--
            (1) In general.--Except as provided in paragraph (2), to 
        facilitate the studies and reports, the Attorney General shall 
        permit the Comptroller General of the United States and, in the 
        case of a Commission request under subsection (a), the experts 
        designated under subsection (a) to have unrestricted access to 
        all stages of all proceedings conducted under section 235(b) of 
        the Immigration and Nationality Act.
            (2) Exceptions.--Paragraph (1) shall not apply in cases in 
        which the alien objects to such access, or the Attorney General 
        determines that the security of a particular proceeding would 
        be threatened by such access, so long as any restrictions on 
        the access of experts designated by the Commission under 
        subsection (a) do not contravene international law.

                  TITLE VII--MISCELLANEOUS PROVISIONS

SEC. 701. BUSINESS CODES OF CONDUCT.

    (a) Congressional Finding.--Congress recognizes the increasing 
importance of transnational corporations as global actors, and their 
potential for providing positive leadership in their host countries in 
the area of human rights.
    (b) Sense of Congress.--It is the sense of Congress that 
transnational corporations operating overseas, particularly those 
corporations operating in countries the governments of which have 
engaged in or tolerated violations of religious freedom, as identified 
in the Annual Report, should adopt codes of conduct--
            (1) upholding the right to freedom of religion of their 
        employees; and
            (2) ensuring that a worker's religious views and peaceful 
        practices of belief in no way affect, or be allowed to affect, 
        the status or terms of his or her employment.

            Amend the title so as to read: ``An Act to express United 
        States foreign policy with respect to, and to strengthen United 
        States advocacy on behalf of, individuals persecuted in foreign 
        countries on account of religion; to authorize United States 
        actions in response to violations of religious freedom in 
        foreign countries; to establish an Ambassador at Large for 
        International Religious Freedom within the Department of State, 
        a Commission on International Religious Freedom, and a Special 
        Adviser on International Religious Freedom within the National 
        Security Council; and for other purposes.''.

            Attest:

                                                             Secretary.
105th CONGRESS

  2d Session

                               H. R. 2431

_______________________________________________________________________

                               AMENDMENTS