[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1868 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 1868

    To express United States foreign policy with respect to, and to 
strengthen United States advocacy on behalf of, individuals persecuted 
   for their faith worldwide; to authorize United States actions in 
response to religious persecution worldwide; to establish an Ambassador 
 at Large on International Religious Freedom within the Department of 
   State, a Commission on International Religious Persecution, and a 
Special Adviser on International Religious Freedom within the National 
               Security Council; and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 26, 1998

Mr. Nickles (for himself, Mr. Mack, Mr. Lieberman, Mr. Kempthorne, Mr. 
 Craig, Mr. Hutchinson, and Mr. DeWine) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
    To express United States foreign policy with respect to, and to 
strengthen United States advocacy on behalf of, individuals persecuted 
   for their faith worldwide; to authorize United States actions in 
response to religious persecution worldwide; to establish an Ambassador 
 at Large on International Religious Freedom within the Department of 
   State, a Commission on International Religious Persecution, 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 NGOs.
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 persecution 
                            concerns.
      TITLE II--COMMISSION ON INTERNATIONAL RELIGIOUS PERSECUTION

Sec. 201. Establishment and composition.
Sec. 202. Duties of the Commission.
Sec. 203. Report of the Commission.
Sec. 204. Termination.
                  TITLE III--NATIONAL SECURITY COUNCIL

Sec. 301. Special Adviser on Religious Persecution.
                          TITLE IV--SANCTIONS

     Subtitle I--Targeted Responses to Religious Persecution Abroad

Sec. 401. Executive measures and sanctions in response to findings made 
                            in the Annual Report on Religious 
                            Persecution.
Sec. 402. Presidential determinations of gross violations of the right 
                            to religious freedom.
Sec. 403. Consultations.
Sec. 404. Report to Congress.
Sec. 405. Description of Executive measures and sanctions.
Sec. 406. Contract sanctity.
Sec. 407. Presidential waiver.
Sec. 408. Publication in Federal Register.
Sec. 409. Congressional review.
Sec. 410. Termination of sanctions.
                Subtitle II--Strengthening Existing Law

Sec. 421. United States assistance.
Sec. 422. Multilateral assistance.
Sec. 423. Exports of items relating to religious persecution.
                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 gross violations of the right to 
                            religious freedom.
                  TITLE VII--MISCELLANEOUS PROVISIONS

Sec. 701. Business codes of conduct.
Sec. 702. International Criminal Court.

SEC. 2. FINDINGS; POLICY.

    (a) Findings.--Congress makes the following findings:
            (1) Freedom of religious belief and practice is a 
        fundamental human right articulated in numerous international 
        agreements and covenants, 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.
            (2) 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.
            (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, 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 (104th), expressing the 
                sense of the House of Representatives with respect to 
                the persecution of Christians worldwide.
                    (B) Senate Concurrent Resolution 71 (104th), 
                expressing the sense of the Senate regarding 
                persecution of Christians worldwide.
                    (C) House Concurrent Resolution 102, 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 religious persecution, and to promote, and 
        to assist other governments in the promotion of, the 
        fundamental right to religious freedom.
            (2) To seek to channel United States security and 
        development assistance to governments other than those found to 
        be engaged in gross violations of human rights, including the 
        right to religious freedom, 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 religious persecution 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 on International Religious 
        Freedom appointed under section 101(b).
            (2) Annual report on religious persecution.--The term 
        ``Annual Report on Religious Persecution'' means the report 
        described in section 102(b).
            (3) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Relations of the Senate and the Committee on 
        International Relations of the House of Representatives and, in 
        the case of any determination made with respect to the 
        imposition of a sanction under paragraphs (9) through (16) of 
        section 405, the term ``appropriate congressional committees'' 
        includes those committees, together with the Committee on Ways 
        and Means and the Committee on Banking and Financial Services 
        of the House of Representatives and the Committee on Finance of 
        the Senate.
            (4) Commission.--The term ``Commission'' means the United 
        States Commission on International Religious Persecution 
        established in section 201(a).
            (5) Government or foreign government.--The term 
        ``government'' or ``foreign government'' includes any agency or 
        instrumentality of the government.
            (6) Gross violations of the right to freedom of religion.--
        The term ``gross violations of the right to freedom of 
        religion'' means a consistent pattern of gross violations of 
        the right to freedom of religion that include torture or cruel, 
        inhuman, or degrading treatment or punishment, prolonged 
        detention without charges, causing the disappearance of persons 
        by the abduction or clandestine detention of those persons, or 
        other flagrant denial of the right to life, liberty, or the 
        security of persons, within the meaning of section 116(a) of 
        the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(a)).
            (7) Human rights reports.--The term ``Human Rights 
        Reports'' means the reports submitted by the Department of 
        State to Congress under sections 116 and 502B of the Foreign 
        Assistance Act of 1961.
            (8) Office.--The term ``Office'' means the Office on 
        International Religious Freedom established in section 101(a).
            (9) Religious persecution.--The term ``religious 
        persecution'' means any violation of the internationally 
        recognized right to freedom of religion, as defined in Article 
        18 of the Universal Declaration of Human Rights and Article 18 
        of the International Covenant on Civil and Political Rights, 
        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,
                as well as arbitrary prohibitions or restrictions on 
                the grounds of religion on holding public office, or 
                pursuing educational or professional opportunities; and
                    (B) any of the following acts if committed on 
                account of an individual's religious belief or 
                practice: detention, interrogation, harassment, 
                imposition of an onerous financial penalty, forced 
                labor, forced mass resettlement, imprisonment, beating, 
                torture, mutilation, rape, enslavement, murder, and 
                execution.
            (10) Special adviser.--The term ``Special Adviser'' means 
        the Special Adviser to the President on Religious Persecution 
        established in section 101(i) of the National Security Act of 
        1947, as added by section 301 of this Act.

                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 on 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 the 
        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 
        Persecution, shall make recommendations regarding 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.
            (3) Diplomatic representation.--The Ambassador at Large is 
        authorized to represent the United States in matters and cases 
        relevant to religious persecution in--
                    (A) contacts with foreign governments, 
                international organizations, intergovernmental 
                organizations, and specialized agencies of the United 
                Nations, the Organization on Security and Cooperation 
                in Europe, and other organizations of which the United 
                States is a member; and
                    (B) multilateral conferences and meetings relevant 
                to religious persecution.
            (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 
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 religious freedom.
    (b) Annual Report on Religious Persecution.--
            (1) In general.--
                    (A) Deadline for submission.--Not later than May 1 
                of each year, the Ambassador at Large shall submit to 
                the appropriate congressional committees an Annual 
                Report on Religious Persecution, expanding upon the 
                most recent Human Rights Reports. Each Annual Report on 
                Religious Persecution shall contain the following:
                            (i) An identification of each foreign 
                        country the government of which engages in or 
                        tolerates acts of religious persecution.
                            (ii) An assessment and description of the 
                        nature and extent of religious persecution, 
                        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, 
                        and the existence of government policies 
                        violating religious freedom.
                            (iii) A description of United States 
                        policies in support of religious freedom, 
                        including a description of the measures and 
                        policies implemented during the preceding 12 
                        months by the United States under title IV of 
                        this Act in opposition to religious persecution 
                        and in support of religious freedom.
                            (iv) A description of any binding agreement 
                        with a foreign government entered into by the 
                        United States under section 402(c).
                    (B) Classified addendum.--If the Ambassador 
                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, any information required by subparagraph (A), 
                including measures taken by the United States, may be 
                summarized in the Annual Report and submitted in more 
                detail in a classified addendum to the Annual Report.
                    (C) Designation of report.--Each report submitted 
                under this subsection may be referred to as the 
                ``Annual Report on Religious Persecution''.
            (2) Foreign government input.--Prior to submission of each 
        report under this subsection, the Secretary of State may offer 
        the government of any country concerned an opportunity to 
        respond to the relevant portions of the report. If the 
        Secretary of State determines that doing so would further the 
purposes of this Act, the Secretary shall request the Ambassador at 
Large to include the country's response as an addendum to the Annual 
Report on Religious Persecution.
    (c) Preparation of Reports Regarding Religious Persecution.--
            (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 religious persecution.
            (2) Contacts with ngos.--In compiling data and assessing 
        the respect of the right to religious freedom for the Human 
        Rights Reports and the Annual Report on Religious Persecution, 
        United States mission personnel shall 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, the practice of religious 
        persecution, including gross violations of the right to 
        religious freedom.''.
            (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 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 religious 
                persecution, including gross violations of the right to 
                religious freedom.''.

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 Ambassador at Large shall 
establish and maintain an Internet site containing major international 
documents relating to religious freedom, the Annual Report on Religious 
Persecution, 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 and the Ambassador at Large on 
International Religious Freedom, appointed under section 101(b) of the 
International Religious Freedom Act of 1998, acting jointly, shall 
establish as part of the standard training for officers of the Service, 
including chiefs of mission, instruction in the field of 
internationally recognized human rights. Such instruction shall 
include--
            ``(1) standards for proficiency in the knowledge of 
        international documents and United States policy in human 
        rights, and 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 international right to freedom of 
        religion, the nature, activities, and beliefs of different 
        religions, and the various aspects and manifestations of 
        religious persecution.''.

SEC. 105. HIGH-LEVEL CONTACTS WITH NGOS.

    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 religious 
        persecution should develop, as part of annual program planning, 
        a strategy to promote the respect of 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, 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; 
        and
            (4) 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 title.

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

    (a) Sense of Congress.--To encourage involvement with religious 
persecution 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 executive branch and congressional leaders and foreign 
dignitaries.
    (b) Religious Persecution Prisoner Lists and Issue Briefs.--The 
Secretary of State, in consultation with United States chiefs of 
mission abroad, regional experts, the Ambassador at Large, 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 for 
their religious faith, together with brief evaluations and critiques of 
policies of the respective country restricting religious freedom. The 
Secretary of State shall exercise appropriate discretion regarding the 
safety and security concerns of prisoners in considering the inclusion 
of their names on the lists.
    (c) Availability of Information.--The Secretary shall provide these 
religious freedom issue briefs to executive branch and congressional 
officials and delegations in anticipation of bilateral contacts with 
foreign leaders, both in the United States and abroad.

      TITLE II--COMMISSION ON INTERNATIONAL RELIGIOUS PERSECUTION

SEC. 201. ESTABLISHMENT AND COMPOSITION.

    (a) Generally.--There is established the United States Commission 
on International Religious Persecution.
    (b) Membership.--
            (1) Appointment.--The Commission shall be composed of--
                    (A) the Ambassador at Large, who shall serve as 
                Chair; and
                    (B) 6 other members, who shall be appointed as 
                follows:
                            (i) 2 members of the Commission shall be 
                        appointed by the President.
                            (ii) 2 members of the Commission shall be 
                        appointed by the President pro tempore of the 
                        Senate, upon the recommendations of the 
                        Majority Leader and the Minority Leader.
                            (iii) 2 members of the Commission shall be 
                        appointed by the Speaker of the House of 
                        Representatives upon the recommendations of the 
                        Majority Leader and the Minority Leader.
            (2) Selection.--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 persecution, including foreign affairs, human rights, 
        and international law.
            (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, except that an individual may not serve more than 2 
terms.
    (d) Quorum.--Four members of the Commission constitute a quorum of 
the Commission.
    (e) Meetings.--No more than 15 days after the issuance of the 
Annual Report on Religious Persecution, the Commission shall convene.
    (f) Administrative Support.--The Ambassador at Large shall provide 
to the Commission such staff and administrative services of the Office 
as may be necessary for the Commission to perform its functions. The 
Secretary of State shall assist the Ambassador at Large and the 
Commission by detailing staff resources as needed and as appropriate.
    (g) Funding.--
            (1) Travel expenses.--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.
            (2) No compensation for government employees.--Any member 
        of the Commission who is an officer or employee of the United 
        States shall not be paid compensation for services performed as 
        a member of the Commission.

SEC. 202. DUTIES OF THE COMMISSION.

    (a) In General.--The Commission shall have as its primary 
responsibility the consideration of the facts and circumstances of 
religious persecution presented in the Annual Report on Religious 
Persecution, as well as information from other sources as appropriate, 
and to make appropriate policy recommendations to the President, the 
Secretary of State, and Congress.
    (b) Policy Review and Recommendations in Response to Violations.--
The Commission, in evaluating the United States Government policies in 
response to religious persecution, shall consider and recommend policy 
options, including diplomatic inquiries, diplomatic protest, official 
public protest, demarche of protest, condemnation within multilateral 
fora, cancellation of cultural or scientific exchanges, or both, 
cancellation of 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 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 sanctions, an 
increase in certain assistance funds, and invitations for official 
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 religious persecution, 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.

SEC. 203. REPORT OF THE COMMISSION.

    (a) In General.--Not later than August 1 of each year, the 
Commission shall submit a report to the President and to Congress 
setting forth its recommendations for changes in United States policy 
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.
    (c) Individual or Dissenting Views.--Each member of the Commission 
may include the individual or dissenting views of the member.

SEC. 204. TERMINATION.

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

                  TITLE III--NATIONAL SECURITY COUNCIL

SEC. 301. SPECIAL ADVISER ON RELIGIOUS PERSECUTION.

    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 Religious Persecution, 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 religious persecution and violations of religious 
freedom, and making policy recommendations. The Special Adviser should 
serve as liaison with the Ambassador at Large on International 
Religious Freedom, the United States Commission on International 
Religious Persecution, Congress and, as advisable, religious 
nongovernmental organizations.''.

                          TITLE IV--SANCTIONS

     Subtitle I--Targeted Responses to Religious Persecution Abroad

SEC. 401. EXECUTIVE MEASURES AND SANCTIONS IN RESPONSE TO FINDINGS MADE 
              IN THE ANNUAL REPORT.

    (a) In General.--For each foreign country the government of which 
engages in or tolerates religious persecution, as described in the 
Annual Report on Religious Persecution, the President shall oppose such 
persecution and promote the right to freedom of religion in that 
country through the actions described in subsection (b).
    (b) Presidential Actions.--As expeditiously as practicable, but not 
later than one year after the date of submission of each Annual Report 
on Religious Persecution, the President, in consultation with the 
Ambassador at Large, the Special Advisor, and the Commission, shall 
take one or more of the actions described in paragraphs (1) through 
(16) of section 405(a) with respect to a foreign government described 
in subsection (a).
    (c) Executive Measures.--The President shall notify the appropriate 
congressional committees and, as appropriate, the Commission, of any 
measure or measures taken by the President under paragraphs (1) through 
(8) of section 405(a).
    (d) Sanctions.--Any measure imposed under paragraphs (9) through 
(16) of section 405(a) may only be imposed in accordance with the 
procedures set forth in section 409 after the requirements of sections 
403 and 404 have been satisfied.
    (e) 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 
                religious persecution;
                    (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 persecution; and
                    (C) make every reasonable effort to conclude a 
                binding agreement concerning the cessation of such 
                persecution.
            (2) Guidelines for sanctions.--In addition to the 
        guidelines under paragraph (1), the President, in determining 
        whether to impose a sanction under paragraphs (9) through (16) 
        of section 405(a) or commensurate action under section 405(b), 
        shall seek to minimize any adverse impact on--
                    (A) the population of the country whose government 
                is targeted by the sanction or sanctions; and
                    (B) the humanitarian activities of United States 
                and foreign nongovernmental organizations in such 
                country.

SEC. 402. PRESIDENTIAL DETERMINATIONS OF GROSS VIOLATIONS OF THE RIGHT 
              TO RELIGIOUS FREEDOM.

    (a) Determination of Gross Violations of the Right to Religious 
Freedom.--Not more than 30 days after transmittal of the Annual Report 
on Religious Persecution to the appropriate congressional committees, 
the President, in consultation with the Ambassador at Large, the 
Special Advisor, and the Commission shall determine whether any of the 
governments of the countries described in the Annual Report on 
Religious Persecution have engaged in a consistent pattern of gross 
violations of the right to religious freedom.
    (b) Determination of Responsible Parties.--The President shall at 
the same time as the determination under subsection (a) identify, to 
the extent practicable for each foreign government under that 
subsection, the responsible agency or instrumentality thereof and 
specific officials thereof that are responsible for such gross 
violations, in order to appropriately target sanctions in response.
    (c) Sanctions Against Governments Engaged in Gross Violations of 
Religious Freedom.--
            (1) In general.--Subject to paragraph (2) of this 
        subsection, in the case of a determination under subsection (a) 
        with respect to a foreign government, unless Congress enacts a 
        joint resolution of disapproval in accordance with section 409, 
        the President shall carry out one or more of the following 
        actions after the requirements of sections 403 and 404 have 
        been satisfied:
                    (A) Sanctions.--One or more of the sanctions 
                described in paragraphs (9) through (16) of section 
                405(a), to be determined by the President.
                    (B) Commensurate actions.--Commensurate action, as 
                described in section 405(b).
            (2) Substitution of binding agreements.--In lieu of 
        carrying out action under paragraph (1), the President may 
        conclude a binding agreement with the respective foreign 
        government concerning the cessation of such violations. The 
        existence of a binding agreement under this paragraph with a 
        foreign government shall be considered by the President prior 
        to making any determination under section 401 or this section.

SEC. 403. CONSULTATIONS.

    (a) Duty To Consult With Foreign Governments Prior to Imposition of 
Sanctions.--
            (1) In general.--The President shall--
                    (A) as soon as practicable after a determination is 
                made under section 402(a) or a sanction is proposed to 
                be taken under section 401(d), request consultation 
                with each respective foreign government regarding the 
                violations determined under those sections; 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.
            (3) Election of nondisclosure of negotiations to public.--
        If negotiations are undertaken or an agreement is reached with 
        a foreign government regarding steps to alter 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.
    (b) Duty To Consult With Humanitarian Organizations.--The President 
shall consult with appropriate humanitarian and religious organizations 
concerning the potential impact of the intended sanctions.
    (c) Duty To Consult With United States Interested Parties.--The 
President shall consult with United States interested parties as to the 
potential impact of the intended sanctions on the economic or other 
interests of the United States. The President shall provide the 
opportunity for consultation with, and the submission of comments by, 
those United States interested parties likely to be affected by 
intended United States measures.

SEC. 404. REPORT TO CONGRESS.

    (a) In General.--Subject to subsection (b), not later than 
September 1 of any year in which a determination is made under section 
402(a) with respect to a foreign country, or not later than 90 days 
after the President may determine to take action under section 401(d) 
with respect to a foreign country, as the case may be, the President 
shall submit a report to Congress containing the following:
            (1) Identification of sanctions.--An identification of the 
        sanction or sanctions described in paragraphs (9) through (16) 
        of section 405(a) proposed to be taken against the foreign 
        country.
            (2) Description of violations.--A description of the 
        violations giving rise to the sanction or sanctions proposed to 
        be taken.
            (3) Purposes of sanctions.--A description of the purpose of 
        the sanction.
            (4) Evaluation.--An evaluation, in consultation with the 
        Ambassador at Large, the Commission, the Special Advisor, and 
        the parties described in section 403 (b) and (c) of (A) the 
        impact upon the foreign government, (B) the impact upon the 
        population of the country, and (C) the impact upon the United 
        States economy and other interested parties. The President may 
        withhold part or all of such evaluation from the public but 
        shall provide the entire evaluation to the appropriate 
        congressional committees.
            (5) Exhaustion of policy options.--A statement that other 
        policy options designed to bring about alteration of the gross 
        violations of the right to 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 for the Purpose of Continuing 
Negotiations.--If, on or before the date that the President would (but 
for this subsection) submit a proposal under subsection (a) to Congress 
to impose any sanction under paragraphs (9) through (16) of section 
405(a) against a foreign country--
            (1) negotiations are still taking place with the government 
        of that country, and
            (2) the President determines and certifies to Congress that 
        a single, additional period of time not to exceed 90 days is 
        necessary for such negotiations to continue, then the President 
shall not be required to submit the proposal to Congress until the 
expiration of that period of time.

SEC. 405. DESCRIPTION OF EXECUTIVE MEASURES AND SANCTIONS.

    (a) Description of Measures and Sanctions.--Except as provided in 
subsection (d), the Executive measures and sanctions 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 cancellation of one or more scientific exchanges.
            (6) The cancellation of one or more cultural exchanges.
            (7) The denial of one or more state visits.
            (8) The cancellation of one or more state visits.
            (9) The withdrawal, limitation, or suspension of United 
        States development assistance in accordance with the provisions 
        of 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 determined by the President to be responsible for 
        gross violations of the right to religious freedom.
            (11) The withdrawal, limitation, or suspension of United 
        States security assistance in accordance with the provisions of 
        section 502B of the Foreign Assistance Act of 1961.
            (12) The withdrawal, limitation, or suspension of 
        preferential tariff treatment accorded under--
                    (A) title V of the Trade Act of 1974 (relating to 
                the Generalized System of Preferences);
                    (B) the Caribbean Basin Economic Recovery Act;
                    (C) the Andean Trade Preference Act; or
                    (D) any other law providing preferential tariff 
                treatment.
            (13) Consistent with section 701 of the International 
        Financial Institutions Act of 1977, directing the United States 
        executive directors of international financial institutions to 
        vote against loans primarily benefiting the specific foreign 
        government, agency, instrumentality, or official determined by 
        the President to be responsible for such persecution.
            (14) 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 determined by the President to be 
        responsible for such persecution 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.
            (15) 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 determined by 
        the President to be responsible for the violations.
            (16) 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 determined by the President to be 
        responsible for the violations.
    (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 (16) 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 of this Act. The President shall seek to take all appropriate 
and feasible actions authorized by law to obtain the cessation of the 
violations. In the case of the development of commensurate action as a 
substitute for any sanction described in paragraphs (9) through (16) of 
subsection (a), the President shall conduct all consultations described 
in section 403 prior to taking such action. 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 religious 
persecution. 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 engages in a 
consistent pattern of gross violations of the right to religious 
freedom.
    (d) Exceptions.--Any action taken pursuant to subsection (a) or (b) 
may not--
            (1) prohibit or restrict the provision of medicine, medical 
        equipment or supplies, food, or other humanitarian assistance; 
        or
            (2) impede any action taken by the United States Government 
        to enforce the right to maintain intellectual property rights.

SEC. 406. CONTRACT SANCTITY.

    The President shall not be required to apply or maintain any 
sanction 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 that the 
                person or other entity to which the sanction 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 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 impose the sanction.

SEC. 407. PRESIDENTIAL WAIVER.

    The President may waive the requirement to take an action under 
this subtitle with respect to a country, if--
            (1) the President determines and so reports to the 
        appropriate congressional committees that--
                    (A) the respective foreign government has ceased or 
                taken substantial steps to cease the violations giving 
                rise to the imposition of the measure or sanction;
                    (B) the exercise of such waiver authority would 
                better further the purposes of this Act; or
                    (C) the national security of the United States 
                requires the exercise of such waiver authority; and
            (2) the requirements of congressional review under section 
        409 have been satisfied.

SEC. 408. PUBLICATION IN FEDERAL REGISTER.

    The President shall cause to be published in the Federal Register 
the following:
            (1) Determinations of violator governments, officials, and 
        entities.--Consistent with section 654(c) of the Foreign 
        Assistance Act of 1961, any determination that a government has 
        engaged in gross violations of the right to religious freedom, 
        together with, when applicable and possible, the officials or 
        entities determined to be responsible for the violations. Such 
        a determination shall include a notification to all interested 
        parties to provide consultation and submit comments concerning 
        sanctions that may be taken by the United States in response to 
        the violations.
            (2) Sanctions.--A description of any sanction that takes 
        effect pursuant to section 409, and the effective date of the 
        sanction. A description of the sanction may be withheld if 
        disclosure is deemed to jeopardize national security.
            (3) Delays in transmittal of sanction reports.--Any delay 
        in transmittal of a sanction report, as described in section 
        404(b).
            (4) Waivers.--Any waiver under section 407.

SEC. 409. CONGRESSIONAL REVIEW.

    (a) In General.--
            (1) Proposals subject to congressional review.--Each of the 
        following proposals shall take effect 30 session days of 
        Congress after the President transmits the proposal to Congress 
        unless, within such period, Congress enacts a joint resolution 
        disapproving the sanction, waiver, or termination of a 
        sanction, as the case may be, in accordance with subsection 
        (b):
                    (A) Any sanction proposed under section 404(a).
                    (B) Any waiver proposed under section 407(2).
                    (C) Any proposed termination of a sanction under 
                section 410(2).
            (2) Submission of revised proposals to congress.--In the 
        event that Congress enacts a joint resolution of disapproval 
        under paragraph (1), the President shall, within 30 days of the 
        date of any override of the President's veto of that 
        resolution, revise the proposed sanction, waiver, or 
        termination of sanction and submit the revised proposal to 
        Congress for consideration in accordance with subsection (b).
    (b) Congressional Priority Procedures.--
            (1) Joint resolution defined.--
                    (A) Disapproval resolutions for sanction 
                proposals.--For the purpose of subsection (a)(1)(A), 
                the term ``joint resolution'' means only a joint 
                resolution introduced after the date on which the 
                report of the President under section 404 is received 
                by Congress, the matter after the resolving clause of 
                which is as follows: ``That Congress disapproves the 
                sanction or sanctions proposed by the President in the 
                report transmitted under section 404(a) of the 
                International Religious Freedom Act of 1998 on 
                ________.'', with the blank filled in with the 
                appropriate date.
                    (B) Disapproval resolutions for presidential 
                waivers.--For the purpose of subsection (a)(1)(B), the 
                term ``joint resolution'' means only a joint resolution 
                introduced after the date on which the report of the 
                President under section 407(1) is received by Congress, 
                the matter after the resolving clause of which is as 
                follows: ``That Congress disapproves the waiver 
                proposed by the President in the report transmitted 
                under section 407(1) of the International Religious 
                Freedom Act of 1998 on ________.'', with the blank 
                filled in with the appropriate date.
                    (C) Disapproval resolutions for proposals to 
                terminate sanctions.--For the purpose of subsection 
                (a)(1)(C), the term ``joint resolution'' means only a 
                joint resolution introduced after the date on which the 
                certification of the President under section 410(2) is 
                received by Congress, the matter after the resolving 
                clause of which is as follows: ``That Congress 
                disapproves the termination of sanction or sanctions 
                proposed by the President in the certification 
                transmitted under section 410(2) of the International 
                Religious Freedom Act of 1998 on ________.'', with the 
                blank filled in with the appropriate date.
            (2) Definition.--In this section, the term ``session day'' 
        means a day on which either House of Congress is in session.
            (3) Referral to committee.--A resolution described in 
        paragraph (1) introduced in the House of Representatives shall 
        be referred to the Committee on International Relations of the 
        House of Representatives. A resolution described in paragraph 
        (1) introduced in the Senate shall be referred to the Committee 
        on Foreign Relations of the Senate. Such a resolution may not 
        be reported before the eighth day after its introduction.
            (4) Discharge from committee.--If the committee to which is 
        referred a resolution described in paragraph (1) has not 
        reported such resolution (or an identical resolution) at the 
        end of fifteen calendar days after its introduction, such 
        committee shall be discharged from further consideration of 
        such resolution and such resolution shall be placed on the 
        appropriate calendar of the House involved.
            (5) Floor consideration.--
                    (A) Motion to proceed.--When the committee to which 
                a resolution is referred has reported, or has been 
                deemed to be discharged (under paragraph (4)) from 
                further consideration of, a resolution described in 
                paragraph (1), notwithstanding any rule or precedent of 
                the Senate, including Rule 22, it is at any time 
                thereafter in order (even though a previous motion to 
                the same effect has been disagreed to) for any Member 
                of the respective House to move to proceed to the 
                consideration of the resolution, and all points of 
                order against the resolution (and against consideration 
                of the resolution) are waived. The motion is highly 
                privileged in the House of Representatives and is 
                privileged in the Senate and is not debatable. The 
                motion is not subject to amendment, or to a motion to 
                postpone, or to a motion to proceed to the 
                consideration of other business. A motion to reconsider 
                the vote by which the motion is agreed to or disagreed 
                to shall not be in order. If a motion to proceed to the 
                consideration of the resolution is agreed to, the 
                resolution shall remain the unfinished business of the 
                respective House until disposed of.
                    (B) Debate on the resolution.--Debate on the 
                resolution, and on all debatable motions and appeals in 
                connection therewith, shall be limited to not more than 
                ten hours, which shall be divided equally between those 
                favoring and those opposing the resolution. A motion 
                further to limit debate is in order and not debatable. 
                An amendment to, or a motion to postpone, or a motion 
                to proceed to the consideration of other business, or a 
                motion to recommit the resolution is not in order. A 
                motion to reconsider the vote by which the resolution 
                is agreed to or disagreed to is not in order.
                    (C) Vote on final passage.--Immediately following 
                the conclusion of the debate on a resolution described 
                in paragraph (1), and a single quorum call at the 
                conclusion of the debate if requested in accordance 
                with the rules of the appropriate House, the vote on 
                final passage of the resolution shall occur.
                    (D) Appeals of rulings.--Appeals from the decisions 
                of the Chair relating to the application of the rules 
                of the Senate or the House of Representatives, as the 
                case may be, to the procedure relating to a resolution 
                described in paragraph (1) shall be decided without 
                debate.
            (6) Treatment of other house's resolution.--If, before the 
        passage by one House of Congress of a resolution of that House 
        described in paragraph (1), that House receives from the other 
        House a resolution described in paragraph (1), then the 
        following procedures shall apply:
                    (A) Referral of resolutions of sending house.--The 
                resolution of the sending House shall not be referred 
                to a committee in the receiving House.
                    (B) Procedures in receiving house.--With respect to 
                a resolution of the House receiving the resolution--
                            (i) the procedure in that House shall be 
                        the same as if no resolution had been received 
                        from the sending House; but
                            (ii) the vote on final passage shall be on 
                        the resolution of the sending House.
                    (C) Disposition of resolutions of receiving 
                house.--Upon disposition of the resolution received 
                from the other House, it shall no longer be in order to 
                consider the resolution originated in the receiving 
                House.
            (7) Procedures after action by both the house and senate.--
        If the House receiving a resolution from the other House after 
        the receiving House has disposed of a resolution originated in 
        that House, the action of the receiving House with regard to 
        the disposition of the resolution originated in that House 
        shall be deemed to be the action of the receiving House with 
        regard to the resolution originated in the other House.
            (8) Rules of the Senate and the House.--This subsection is 
        enacted by Congress--
                    (A) as an exercise of the rulemaking power of the 
                Senate and House of Representatives, respectively, and 
                as such it is deemed a part of the rules of each House, 
                respectively, but applicable only with respect to the 
                procedure to be followed in that House in the case of a 
                resolution described in paragraph (1), and it 
                supersedes other rules only to the extent that it is 
                inconsistent with such rules; and
                    (B) with full recognition of the constitutional 
                right of either House to change the rules (so far as 
                relating to the procedure of that House) at any time, 
                in the same manner and to the same extent as in the 
                case of any other rule of that House.

SEC. 410. TERMINATION OF SANCTIONS.

    Any sanction imposed under section 409 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 sanction unless expressly reauthorized by law.
            (2) Foreign government actions.--Upon the determination by 
        the President and certification to Congress that the foreign 
        government has ceased or taken substantial steps to cease the 
        gross violations of religious freedom, subject to the 
        congressional review procedures described in section 409.

                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 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 gross violations of the right 
                to freedom of religion; or
                    ``(B) has failed to undertake serious and sustained 
                efforts to combat gross violations of the right to 
                freedom of religion, 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 
rights, the President shall give particular consideration to whether 
the government--
            ``(A) has engaged in gross violations of the right to 
        freedom of religion; or
            ``(B) has failed to undertake serious and sustained efforts 
        to combat gross violations of the right to freedom of religion, 
        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 a country is in gross violation of 
internationally recognized human rights standards, as described in 
subsection (a), the President, in consultation with the Ambassador at 
Large, shall give particular consideration to whether a foreign 
government--
            ``(1) has engaged in gross violations of the right to 
        freedom of religion; or
            ``(2) has failed to undertake serious and sustained efforts 
        to combat gross violations of the right to freedom of religion, 
        when such efforts could have been reasonably undertaken.''.

SEC. 423. EXPORTS OF ITEMS RELATING TO RELIGIOUS PERSECUTION.

    (a) Mandatory Licensing.--Notwithstanding any other provision of 
law, the Secretary of Commerce, with the concurrence of the Secretary 
of State, the Ambassador at Large, and the Special Adviser, 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 that the Secretary of State, in 
consultation with the Ambassador at Large and the Special Adviser, 
determines are being used or are intended for use directly and in 
significant measure to carry out gross violations of the right to 
freedom of religion.
    (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 its foreign assistance already being 
        disbursed, 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 is 
amended by inserting ``and the right to free religious belief and 
practice'' after ``adherence to civil and political rights''.

SEC. 502. INTERNATIONAL BROADCASTING.

    (a) Section 302(1) of the International Broadcasting Act of 1994 is 
amended by inserting ``and of conscience (including freedom of 
religion)'' after ``freedom of opinion and expression''.
    (b) Section 303(a) of the International Broadcasting Act of 1994 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 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 is amended by inserting after the first sentence the following: 
``Such service in the promotion of internationally recognized human 
rights, including the right to religious freedom, shall serve as a 
basis for granting awards under this section.''.
    (b) Foreign Service Awards.--Section 614 of the Foreign Service Act 
of 1980 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 
religious freedom, shall serve as a basis for granting awards under 
this section.''.

            TITLE VI--REFUGEE, ASYLUM, AND CONSULAR MATTERS

SEC. 601. USE OF ANNUAL REPORT.

    (a) Description of Training.--The Annual Report on Religious 
Persecution shall include a description of training described in 
subsection (b) on religious persecution provided to immigration judges, 
consular, refugee, and asylum officers.
    (b) Use of the Annual Report.--The Annual Report on Religious 
Persecution, 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 on Religious 
Persecution to conditions described by the alien shall not constitute 
sole grounds for a denial of the alien's claim.

SEC. 602. REFORM OF REFUGEE POLICY.

    (a) Training.--
            (1) In general.--The Attorney General, in consultation with 
        the Secretary of State, shall provide all United States 
        officials adjudicating refugee cases with the same training as 
        that provided to officers adjudicating asylum cases.
            (2) Content of training.--Such training shall include 
        country-specific conditions, instruction on the right to 
        religious freedom, methods of religious persecution, and 
        applicable distinctions within a country between the nature of 
        and treatment of various religious practices and believers.
    (b) Training for Consular Officers.--(1) Section 708 of the Foreign 
Service Act of 1980, as added by section 104 of this Act, is further 
amended--
            (A) by inserting ``(a)'' before ``The Secretary of State''; 
        and
            (B) 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.''.
    (2) Section 312(a) of the Foreign Service Act of 1980 is amended by 
inserting after the first sentence the following: ``In order to receive 
such a consular commission, a member of the Service shall complete the 
training required under section 708.''.
    (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 hostile 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 hostile bias toward the claimant on the grounds of religion, 
        race, nationality, membership in a particular social group or 
        political opinion.
            (2) Guidelines for refugee-processing posts in establishing 
        agreements with joint voluntary agencies.--The Attorney General 
        and the Secretary of State shall develop guidelines to ensure 
        uniform procedures to the extent possible with Joint Voluntary 
        Agencies, and to ensure that the Joint Voluntary Agencies 
        process is enhanced and faulty preparation of claims does not 
        result in the failure of a genuine claim to refugee status.
    (d) Annual Consultation.--In carrying out the responsibilities of 
the Department of State under the appropriate consultation requirement 
of section 207(e) of the Immigration and Nationality Act (8 U.S.C. 
1157(e)), the Secretary of State shall specifically address religious 
persecution in the report provided by the Department of State, and by 
providing testimony by the Ambassador at Large. The Secretary of State 
shall also provide religious nongovernmental organizations and human 
rights nongovernmental organizations the opportunity to testify.

SEC. 603. REFORM OF ASYLUM POLICY.

    (a) Guidelines.--The Attorney General and the Secretary of State 
shall develop guidelines to ensure that interpreters with hostile 
biases, including 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 Officers.--The Attorney General, in 
consultation with the Ambassador-at-Large, shall provide training to 
all officers adjudicating asylum cases on the nature of religious 
persecution abroad, including country-specific conditions, instruction 
on the right to religious freedom, methods of religious persecution, 
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 on 
Religious Persecution. 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 GROSS VIOLATIONS OF THE RIGHT TO 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 gross violations of the right to religious 
                freedom.--
                            ``(i) In general.--Any alien who, while 
                        serving as a foreign government official, 
                        directly engaged in gross violations of the 
                        right to religious freedom, as defined in 
                        section 3 of the International Religious 
                        Freedom Act of 1998, and the spouse and 
                        children, if any, of the alien, are 
                        inadmissible.
                            ``(ii) Waiver.--
                                    ``(I) In general.--The Secretary of 
                                State may waive the application of 
                                clause (i) if the Secretary determines 
                                that the exclusion of the alien would 
                                jeopardize a compelling United States 
                                foreign policy interest.
                                    ``(II) Nondelegation of 
                                authority.--The Secretary of State may 
                                not delegate the authority to make a 
                                determination under subclause (I).''.
    (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.

                  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 in countries the governments of 
which engage in gross violations of the right to religious freedom, as 
identified in the Annual Report on Religious Persecution, should adopt 
codes of conduct--
            (1) upholding the right to religious freedom 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.

SEC. 702. INTERNATIONAL CRIMINAL COURT.

    It is the sense of Congress that in negotiating the definitions of 
crimes to be included in the subject matter jurisdiction of the 
International Criminal Court, the President should pursue the inclusion 
in such jurisdiction of gross violations of the right to religious 
freedom to the extent such violations fall within the meaning in 
international law of crimes against humanity or genocide.
                                 <all>