[Congressional Record Volume 144, Number 36 (Thursday, March 26, 1998)]
[Senate]
[Pages S2664-S2672]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. NICKLES (for himself, Mr. Mack, Mr. Lieberman, Mr. 
        Kempthorne, Mr. Craig, Mr. Hutchinson, and Mr. DeWine):
  S. 1868. 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 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; to the 
Committee on Foreign Relations.


            the international religious freedom act of 1998

  Mr. NICKLES. Mr. President, today I am prompted to speak by both a 
tragic reality, and also what I would think is a promising hope. The 
tragic reality is that literally millions of religious believers around 
the world live gripped by the incessant, terrifying prospect of 
persecution, of being tortured, arrested, imprisoned or even killed for 
simply practicing their faith. A promising hope, I believe, might 
perhaps be found in the bill that I am introducing today with Senator 
Lieberman, Senator Mack, Senator Kempthorne, Senator Craig, Senator 
Hutchinson and Senator DeWine. It is called the International Religious 
Freedom Act. The International Religious Freedom Act will establish a 
process to ensure that on an ongoing basis the United States closely 
monitors religious persecution worldwide.
  It is wrong for a country to persecute, to prosecute, to imprison, 
harass individuals for simply practicing their faith, whether that 
faith is Jewish or Christian or Muslim or Hindu. It is absolutely wrong 
for them to be persecuted for practicing their faith. This act requires 
the U.S. Government to take action against all countries engaging in 
religious persecution.
  What kind of persecution am I talking about? First, three facts 
command attention.
  One reliable estimate indicates that more Christian martyrs have 
perished in this century than all previous centuries combined. That is 
a staggering, staggering statement.
  A recent book reports that 200 million Christians around the world 
live under daily fear and threat of persecution, including 
interrogation, imprisonment, torture and in some cases death.
  Finally, over half the world's population lives under regimes which 
severely restrict if not prohibit their ability to believe in and 
practice the religious faith of their choice and conviction.
  Of course, religious persecution goes beyond facts and figures. It 
happens to real people in real places. Let me point out just four 
compelling examples.
  At this very moment one of China's leading house church pastors, 
Pastor Peter Xu, is languishing in a Chinese prison under a 3-year term 
for the so-called ``crime'' of ``disturbing public order.'' Hundreds, 
perhaps thousands of other believers in China currently suffer similar 
treatment.
  Again, at this very moment, 13 courageous Christians are imprisoned 
by the Communist authorities in Laos. What was their ``crime''? Simply 
that they organized an ``unauthorized'' Bible study in the privacy of a 
home.
  In Pakistan, just a few months ago, Pastor Noor Alam was brutally 
stabbed to death by anti-Christian assailants. Shortly before that, 
they had destroyed Pastor Alam's church building. Meanwhile, Christians 
and other religious minorities in Pakistan continue to sufferer under 
the notorius ``blasphemy laws.''
  Or consider Russia, which, as many of my colleagues will remember, 
just last summer passed a draconian law that will effectively shut down 
the vast majority of independent churches and other religious 
organizations and severly curtail the religious freedom of the Russian 
people.
  I could go on and on. However, I do want to share just a few 
highlights of what we humbly but earnestly hope our bill can do to 
begin to address the scourge of religious persecution worldwide.
  I should also mention that, in 1996, I was honored to sponsor a 
Senate resolution on religious persecution, which passed by unanimous 
consent. In that resolution, the Senate made a strong recommendation 
``that the President expand and invigorate the United States' 
international advocacy on behalf of persecuted Christians, and initiate 
a thorough examination of all United States' policies that affect 
persecuted Christians.''
  What was a mere resolution in 1996, I hope it will become a reality 
in 1998. While then we acted with words, I hope that this year we can 
act with deeds.
  In short, this bill seeks to ensure that the U.S. Government 
aggressively monitors religious oppression around the world and takes 
decisive action against those regimes engaged in persecution, all the 
while maintaining the integrity and credibility of the U.S. foreign 
policy system.
  The International Religious Freedom Act establishes an ``Ambassador-
at-Large for Religious Liberty'' at the State Department. The 
Ambassador will be responsible for representing our Government in 
vigorous diplomacy with nations guilty of religious persecution. In 
addition, the Ambassador will oversee an annual report on religious 
persecution which will specify the details on religious persecution 
around the world. This report will name names. And those countries 
named will be held accountable.
  For any country cited in the report, the Act presents a menu of 
diplomatic and economic options, and the President is required to 
select from at least one of those actions. Silence or passivity are not 
options. At the same time, the Act seeks to provide the President 
maximum flexibility entailing the most appropriate, effective response 
to that particular situation in a particular country. Furthermore, 
because we desire good results to follow our good intentions, the Act 
requires a consideration of how the action taken by America will affect 
American economic and security interests and, most important, how it 
will affect the very people that it purports to help.
  The International Religious Freedom Act has other provisions--
improved reporting, improved training for immigration and foreign 
service officials, a commission on international religious liberty to 
provide more attention and expertise on the issue. I invite all my 
colleagues, and certainly those who are deeply concerned about the 
plight of persecuted religious believers, to join me in supporting this 
bill. Not because it might be popular or expedient or convenient to 
support this legislation, but because it is the right thing to do and 
because I believe it will make a real difference in protecting the 
lives of some of the most vulnerable people in the world, those people 
who wish to express their religious beliefs and convictions.
  Mr. President, I thank my cosponsors, particularly Senator Lieberman, 
also Senator Mack, in addition to Senator Hutchinson and Senator Craig 
and Senator Kempthorne, for helping us put this legislation together.
  Mr. President, I ask unanimous consent that the text of the bill 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1868

       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.

[[Page S2665]]

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)).

[[Page S2666]]

       (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,

[[Page S2667]]

     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

[[Page S2668]]

     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.

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       (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

[[Page S2670]]

     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.''.

[[Page S2671]]

     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.

  Mr. LIEBERMAN. Mr. President, I rise to join my distinguished 
colleague, Senator Nickles, the assistant majority leader, and my 
esteemed colleagues Senators Kempthorne, Mack, Hutchinson, Craig, and 
DeWine as a co-sponsor of The International Religious Freedom Act of 
1998.
  Freedom of religion is a bedrock principle for the American people, a 
cherished right that lies at the very foundation of our country. It is 
appropriate, and it is right, that we as Americans express our concern 
about abuses of that freedom as a cornerstone of our foreign policy. 
This is not a concern that is unique to Americans, for the freedom of 
religion is explicitly recognized by the Universal Declaration of Human 
Rights. Sadly, and tragically, that recognition has not served to 
prevent the assault on believers of a variety of religions simply for 
seeking to follow their faith.
  We must not be silent. The International Religious Freedom Act of 
1998 is a serious, thoughtful, and comprehensive approach to the 
problem of religious persecution. This bill employs a broad range of 
tools within the United States foreign policy apparatus for the most 
flexible, appropriate, and enduring response to violations of religious 
liberty.
  The bill is carefully crafted to do the following: promote religious 
freedom through both incentives and sanctions,

[[Page S2672]]

with the long-term goal of alleviating religious persecution rather 
than merely punishing governments; build on principles contained in 
U.S. and international human rights law, on negotiating principles of 
U.S. Trade law, and on ideas advocated by religious and human rights 
leaders; dispel the option of silence, with its Annual Report publicly 
addressing all forms of religious persecution; promote the conclusion 
of binding agreements with offending governments to cease the 
violations, allowing for reasonable negotiation to achieve this goal; 
and sanction gross violators, through an annual review and sanctions 
process.
  The issue of religious persecution is one that we must be concerned 
about, one that we must take action on. The International Religious 
freedom Act of 1998 is an effective means of doing so and I am honored 
to be an original co-sponsor of it. There are other excellent 
approaches to this critical international problem, including the 
legislation cosponsored by Congressman Wolf and Senator Spector. In the 
weeks ahead we will look forward to working with all of our colleagues 
on this issue, inviting and welcoming a collective approach that will 
result in our bringing the most effective legislation to pass.
                                 ______