[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2431 Enrolled Bill (ENR)]

        H.R.2431

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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 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 of 1961.--
        (1) Content of human rights reports for countries receiving 
    economic assistance.--Section 116(d) of the Foreign Assistance Act 
    of 1961 (22 U.S.C. 2151n(d)) is amended--
            (A) by striking ``and'' at the end of paragraph (4);
            (B) by striking the period at the end of paragraph (5) and 
        inserting ``; and ''; and
            (C) by adding at the end the following:
        ``(6) wherever applicable, violations of religious freedom, 
    including particularly severe violations of religious freedom (as 
    defined in section 3 of the International Religious Freedom Act of 
    1998).''.
        (2) Contents of human rights reports for countries receiving 
    security assistance.--Section 502B(b) of the Foreign Assistance Act 
    of 1961 (22 U.S.C. 2304(b)) is amended--
            (A) by inserting ``and with the assistance of the 
        Ambassador at Large for International Religious Freedom'' after 
        ``Labor''; and
            (B) by inserting after the second sentence the following 
        new sentence: ``Such report shall also include, wherever 
        applicable, information on violations of religious freedom, 
        including particularly severe violations of religious freedom 
        (as defined in section 3 of the International Religious Freedom 
        Act of 1998).''.

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 the 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 the 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 the 
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) In General.--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) Nine 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) Three members of the Commission shall be appointed 
            by the President.
                (ii) Three members of the Commission shall be appointed 
            by the President pro tempore of the Senate, of which two 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 one of 
            the members shall be appointed upon the recommendation of 
            the leader in the Senate of the other political party.
                (iii) three members of the Commission shall be 
            appointed by the Speaker of the House of Representatives, 
            of which two 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 one 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 the 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 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 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 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 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 the 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 the Congress.--It is the sense of the 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.