[Congressional Record Volume 144, Number 140 (Thursday, October 8, 1998)]
[Senate]
[Pages S11992-S12001]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             FREEDOM FROM RELIGIOUS PERSECUTION ACT OF 1998

                                 ______
                                 

                       NICKLES AMENDMENT NO. 3789

  Mr. NICKLES proposed an amendment to the bill (H.R. 2431) to 
establish an Office of Religious Persecution

[[Page S11993]]

Monitoring, to provide for the imposition of sanctions against 
countries engaged in a pattern of religious persecution, and for other 
purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

                TITLE I--DEPARTMENT OF STATE ACTIVITIES

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

        TITLE II--COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

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

                  TITLE III--NATIONAL SECURITY COUNCIL

Sec. 301. Special Adviser on International Religious Freedom.

                     TITLE IV--PRESIDENTIAL ACTIONS

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

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

                Subtitle II--Strengthening Existing Law

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

                TITLE V--PROMOTION OF RELIGIOUS FREEDOM

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

            TITLE VI--REFUGEE, ASYLUM, AND CONSULAR MATTERS

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

                  TITLE VII--MISCELLANEOUS PROVISIONS

Sec. 701. Business codes of conduct.

     SEC. 2. FINDINGS; POLICY.

       (a) Findings.--Congress makes the following findings:
       (1) The right to freedom of religion undergirds the very 
     origin and existence of the United States. Many of our 
     Nation's founders fled religious persecution abroad, 
     cherishing in their hearts and minds the ideal of religious 
     freedom. They established in law, as a fundamental right and 
     as a pillar of our Nation, the right to freedom of religion. 
     From its birth to this day, the United States has prized this 
     legacy of religious freedom and honored this heritage by 
     standing for religious freedom and offering refuge to those 
     suffering religious persecution.
       (2) Freedom of religious belief and practice is a universal 
     human right and fundamental freedom articulated in numerous 
     international instruments, including the Universal 
     Declaration of Human Rights, the International Covenant on 
     Civil and Political Rights, the Helsinki Accords, the 
     Declaration on the Elimination of All Forms of Intolerance 
     and Discrimination Based on Religion or Belief, the United 
     Nations Charter, and the European Convention for the 
     Protection of Human Rights and Fundamental Freedoms.
       (3) Article 18 of the Universal Declaration of Human Rights 
     recognizes that ``Everyone has the right to freedom of 
     thought, conscience, and religion. This right includes 
     freedom to change his religion or belief, and freedom, either 
     alone or in community with others and in public or private, 
     to manifest his religion or belief in teaching, practice, 
     worship, and observance.''. Article 18(1) of the 
     International Covenant on Civil and Political Rights 
     recognizes that ``Everyone shall have the right to freedom of 
     thought, conscience, and religion. This right shall include 
     freedom to have or to adopt a religion or belief of his 
     choice, and freedom, either individually or in community with 
     others and in public or private, to manifest his religion or 
     belief in worship, observance, practice, and teaching''. 
     Governments have the responsibility to protect the 
     fundamental rights of their citizens and to pursue justice 
     for all. Religious freedom is a fundamental right of every 
     individual, regardless of race, sex, country, creed, or 
     nationality, and should never be arbitrarily abridged by any 
     government.
       (4) The right to freedom of religion is under renewed and, 
     in some cases, increasing assault in many countries around 
     the world. More than one-half of the world's population lives 
     under regimes that severely restrict or prohibit the freedom 
     of their citizens to study, believe, observe, and freely 
     practice the religious faith of their choice. Religious 
     believers and communities suffer both government-sponsored 
     and government-tolerated violations of their rights to 
     religious freedom. Among the many forms of such violations 
     are state-sponsored slander campaigns, confiscations of 
     property, surveillance by security police, including by 
     special divisions of ``religious police'', severe 
     prohibitions against construction and repair of places of 
     worship, denial of the right to assemble and relegation of 
     religious communities to illegal status through arbitrary 
     registration laws, prohibitions against the pursuit of 
     education or public office, and prohibitions against 
     publishing, distributing, or possessing religious literature 
     and materials.
       (5) Even more abhorrent, religious believers in many 
     countries face such severe and violent forms of religious 
     persecution as detention, torture, beatings, forced marriage, 
     rape, imprisonment, enslavement, mass resettlement, and death 
     merely for the peaceful belief in, change of or practice of 
     their faith. In many countries, religious believers are 
     forced to meet secretly, and religious leaders are targeted 
     by national security forces and hostile mobs.
       (6) Though not confined to a particular region or regime, 
     religious persecution is often particularly widespread, 
     systematic, and heinous under totalitarian governments and in 
     countries with militant, politicized religious majorities.
       (7) Congress has recognized and denounced acts of religious 
     persecution through the adoption of the following 
     resolutions:
       (A) House Resolution 515 of the One Hundred Fourth 
     Congress, expressing the sense of the House of 
     Representatives with respect to the persecution of Christians 
     worldwide.
       (B) Senate Concurrent Resolution 71 of the One Hundred 
     Fourth Congress, expressing the sense of the Senate regarding 
     persecution of Christians worldwide.
       (C) House Concurrent Resolution 102 of the One Hundred 
     Fourth Congress, expressing the sense of the House of 
     Representatives concerning the emancipation of the Iranian 
     Baha'i community.
       (b) Policy.--It shall be the policy of the United States, 
     as follows:
       (1) To condemn violations of religious freedom, and to 
     promote, and to assist other governments in the promotion of, 
     the fundamental right to freedom of religion.
       (2) To seek to channel United States security and 
     development assistance to governments other than those found 
     to be engaged in gross violations of the right to freedom of 
     religion, as set forth in the Foreign Assistance Act of 1961, 
     in the International Financial Institutions Act of 1977, and 
     in other formulations of United States human rights policy.
       (3) To be vigorous and flexible, reflecting both the 
     unwavering commitment of the United States to religious 
     freedom and the desire of the United States for the most 
     effective and principled response, in light of the range of 
     violations of religious freedom by a variety of persecuting 
     regimes, and the status of the relations of the United States 
     with different nations.
       (4) To work with foreign governments that affirm and 
     protect religious freedom, in order to develop multilateral 
     documents and initiatives to combat violations of religious 
     freedom and promote the right to religious freedom abroad.
       (5) Standing for liberty and standing with the persecuted, 
     to use and implement appropriate tools in the United States 
     foreign policy apparatus, including diplomatic, political, 
     commercial, charitable, educational, and cultural channels, 
     to promote respect for religious freedom by all governments 
     and peoples.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Ambassador at large.--The term ``Ambassador at Large'' 
     means the Ambassador at Large for International Religious 
     Freedom appointed under section 101(b).
       (2) Annual report.--The term ``Annual Report'' means the 
     Annual Report on International Religious Freedom described in 
     section 102(b).
       (3) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--

[[Page S11994]]

       (A) the Committee on Foreign Relations of the Senate and 
     the Committee on International Relations of the House of 
     Representatives; and
       (B) in the case of any determination made with respect to 
     the taking of President action under paragraphs (9) through 
     (15) of section 405(a), the term includes the committees 
     described in subparagraph (A) and, where appropriate, the 
     Committee on Banking and Financial Services of the House of 
     Representatives and the Committee on Banking, Housing, and 
     Urban Affairs of the Senate.
       (4) Commensurate action.--The term ``commensurate action'' 
     means action taken by the President under section 405(b).
       (5) Commission.--The term ``Commission'' means the United 
     States Commission on International Religious Freedom 
     established in section 201(a).
       (6) Country reports on human rights practices.--The term 
     ``Country Reports on Human Rights Practices'' means the 
     annual reports required to be submitted by the Department of 
     State to Congress under sections 116(d) and 502B(b) of the 
     Foreign Assistance Act of 1961.
       (7) Executive summary.--The term ``Executive Summary'' 
     means the Executive Summary to the Annual Report, as 
     described in section 102(b)(1)(F).
       (8) Government or foreign government.--The term 
     ``government'' or ``foreign government'' includes any agency 
     or instrumentality of the government.
       (9) Human rights reports.--The term ``Human Rights 
     Reports'' means all reports submitted by the Department of 
     State to Congress under sections 116 and 502B of the Foreign 
     Assistance Act of 1961.
       (10) Office.--The term ``Office'' means the Office on 
     International Religious Freedom established in section 
     101(a).
       (11) Particularly severe violations of religious freedom.--
     The term ``particularly severe violations of religious 
     freedom'' means systematic, ongoing, egregious violations of 
     religious freedom, including violations such as--
       (A) torture or cruel, inhuman, or degrading treatment or 
     punishment;
       (B) prolonged detention without charges;
       (C) causing the disappearance of persons by the abduction 
     or clandestine detention of those persons; or
       (D) other flagrant denial of the right to life, liberty, or 
     the security of persons.
       (12) Special adviser.--The term ``Special Adviser'' means 
     the Special Adviser to the President on International 
     Religious Freedom described in section 101(i) of the National 
     Security Act of 1947, as added by section 301 of this Act.
       (13) Violations of religious freedom.--The term 
     ``violations of religious freedom'' means violations of the 
     internationally recognized right to freedom of religion and 
     religious belief and practice, as set forth in the 
     international instruments referred to in section 2(a)(2) and 
     as described in section 2(a)(3), including violations such 
     as--
       (A) arbitrary prohibitions on, restrictions of, or 
     punishment for--
       (i) assembling for peaceful religious activities such as 
     worship, preaching, and prayer, including arbitrary 
     registration requirements,
       (ii) speaking freely about one's religious beliefs,
       (iii) changing one's religious beliefs and affiliation,
       (iv) possession and distribution of religious literature, 
     including Bibles, or
       (v) raising one's children in the religious teachings and 
     practices of one's choice, or
       (B) any of the following acts if committed on account of an 
     individual's religious belief or practice: detention, 
     interrogation, imposition of an onerous financial penalty, 
     forced labor, forced mass resettlement, imprisonment, forced 
     religious conversion, beating, torture, mutilation, rape, 
     enslavement, murder, and execution.

                TITLE I--DEPARTMENT OF STATE ACTIVITIES

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

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

     SEC. 102. REPORTS.

       (a) Portions of Annual Human Rights Reports.--The 
     Ambassador at Large shall assist the Secretary of State in 
     preparing those portions of the Human Rights Reports that 
     relate to freedom of religion and freedom from discrimination 
     based on religion and those portions of other information 
     provided Congress under sections 116 and 502B of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2151m, 2304) that relate to 
     the right to freedom of religion.
       (b) Annual Report on International Religious Freedom.--
       (1) Deadline for submission.--On September 1 of each year 
     or the first day thereafter on which the appropriate House of 
     Congress is in session, the Secretary of State, with the 
     assistance of the Ambassador at Large, and taking into 
     consideration the recommendations of the Commission, shall 
     prepare and transmit to Congress an Annual Report on 
     International Religious Freedom supplementing the most recent 
     Human Rights Reports by providing additional detailed 
     information with respect to matters involving international 
     religious freedom. Each Annual Report shall contain the 
     following:
       (A) Status of religious freedom.--A description of the 
     status of religious freedom in each foreign country, 
     including--
       (i) trends toward improvement in the respect and protection 
     of the right to religious freedom and trends toward 
     deterioration of such right;
       (ii) violations of religious freedom engaged in or 
     tolerated by the government of that country; and
       (iii) particularly severe violations of religious freedom 
     engaged in or tolerated by the government of that country.
       (B) Violations of religious freedom.--An assessment and 
     description of the nature and extent of violations of 
     religious freedom in each foreign country, including 
     persecution of one religious group by another religious 
     group, religious persecution by governmental and 
     nongovernmental entities, persecution targeted at individuals 
     or particular denominations or entire religions, the 
     existence of government policies violating religious freedom, 
     and the existence of government policies concerning--
       (i) limitations or prohibitions on, or lack of availability 
     of, openly conducted, organized religious services outside of 
     the premises of foreign diplomatic missions or consular 
     posts; and
       (ii) the forced religious conversion of minor United States 
     citizens who have been abducted or illegally removed from the 
     United States, and the refusal to allow such citizens to be 
     returned to the United States.
       (C) United states policies.--A description of United States 
     actions and policies in support of religious freedom in each 
     foreign country engaging in or tolerating violations of 
     religious freedom, including a description of the measures 
     and policies implemented during the preceding 12 months by 
     the United States under titles I, IV, and V of this Act in 
     opposition to violations of religious freedom and in support 
     of international religious freedom.
       (D) International agreements in effect.--A description of 
     any binding agreement with a foreign government entered into 
     by the United States under section 401(b) or 402(c).
       (E) Training and guidelines of government personnel.--A 
     description of--
       (i) the training described in section 602 (a) and (b) and 
     section 603 (b) and (c) on violations of religious freedom 
     provided to immigration judges and consular, refugee, 
     immigration, and asylum officers; and
       (ii) the development and implementation of the guidelines 
     described in sections 602(c) and 603(a).
       (F) Executive summary.--An Executive Summary to the Annual 
     Report highlighting the status of religious freedom in 
     certain foreign countries and including the following:
       (i) Countries in which the united states is actively 
     promoting religious freedom.--An identification of foreign 
     countries in which the United States is actively promoting 
     religious freedom. This section of the report shall include a 
     description of United States actions taken to promote the 
     internationally recognized right to freedom of religion and 
     oppose violations of such right under title IV and title V of 
     this Act during the period covered by the Annual Report.

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     Any country designated as a country of particular concern for 
     religious freedom under section 402(b)(1) shall be included 
     in this section of the report.
       (ii) Countries of significant improvement in religious 
     freedom.--An identification of foreign countries the 
     governments of which have demonstrated significant 
     improvement in the protection and promotion of the 
     internationally recognized right to freedom of religion 
     during the period covered by the Annual Report. This section 
     of the report shall include a description of the nature of 
     the improvement and an analysis of the factors contributing 
     to such improvement, including actions taken by the United 
     States under this Act.
       (2) Classified addendum.--If the Secretary of State 
     determines that it is in the national security interests of 
     the United States or is necessary for the safety of 
     individuals to be identified in the Annual Report or is 
     necessary to further the purposes of this Act, any 
     information required by paragraph (1), including measures or 
     actions taken by the United States, may be summarized in the 
     Annual Report or the Executive Summary and submitted in more 
     detail in a classified addendum to the Annual Report or the 
     Executive Summary.
       (c) Preparation of Reports Regarding Violations of 
     Religious Freedom.--
       (1) Standards and investigations.--The Secretary of State 
     shall ensure that United States missions abroad maintain a 
     consistent reporting standard and thoroughly investigate 
     reports of violations of the internationally recognized right 
     to freedom of religion.
       (2) Contacts with nongovernmental organizations.--In 
     compiling data and assessing the respect of the right to 
     religious freedom for the Human Rights Reports, the Annual 
     Report on International Religious Freedom, and the Executive 
     Summary, United States mission personnel shall, as 
     appropriate, seek out and maintain contacts with religious 
     and human rights nongovernmental organizations, with the 
     consent of those organizations, including receiving reports 
     and updates from such organizations and, when appropriate, 
     investigating such reports.
       (d) Amendments to the Foreign Assistance Act.--
       (1) Content of human rights reports for countries receiving 
     economic assistance.--Section 116(d) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2151n(d)) is amended--
       (A) by striking ``and'' at the end of paragraph (4);
       (B) by striking the period at the end of paragraph (5) and 
     inserting ``; and ''; and
       (C) by adding at the end the following:
       ``(6) wherever applicable, violations of religious freedom, 
     including particularly severe violations of religious freedom 
     (as defined in section 3 of the International Religious 
     Freedom Act of 1998).''.
       (2) Contents of human rights reports for countries 
     receiving security assistance.--Section 502B(b) of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2304(b)) is 
     amended--
       (A) by inserting ``and with the assistance of the 
     Ambassador at Large for International Religious Freedom'' 
     after ``Labor''; and
       (B) by inserting after the second sentence the following 
     new sentence: ``Such report shall also include, wherever 
     applicable, information on violations of religious freedom, 
     including particularly severe violations of religious freedom 
     (as defined in section 3 of the International Religious 
     Freedom Act of 1998).''.

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

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

     SEC. 104. TRAINING FOR FOREIGN SERVICE OFFICERS.

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

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

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

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

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

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

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

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

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

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

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

        TITLE II--COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

     SEC. 201. ESTABLISHMENT AND COMPOSITION.

       (a) Generally.--There is established the United States 
     Commission on International Religious Freedom.
       (b) Membership.--
       (1) Appointment.--The Commission shall be composed of--
       (A) the Ambassador at Large, who shall serve ex officio as 
     a nonvoting member of the Commission; and
       (B) 9 other members, who shall be United States citizens 
     who are not being paid as officers or employees of the United 
     States, and who shall be appointed as follows:
       (i) 3 members of the Commission shall be appointed by the 
     President.
       (ii) 3 members of the Commission shall be appointed by the 
     President pro tempore of the Senate, of which 2 of the 
     members shall be appointed upon the recommendation of the 
     leader in the Senate of the political party that is not the 
     political party of the President, and of which 1 of the 
     members shall be appointed upon the recommendation

[[Page S11996]]

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

     SEC. 202. DUTIES OF THE COMMISSION.

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

     SEC. 203. REPORT OF THE COMMISSION.

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

     SEC. 204. APPLICABILITY OF OTHER LAWS.

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

     SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 206. TERMINATION.

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

                  TITLE III--NATIONAL SECURITY COUNCIL

     SEC. 301. SPECIAL ADVISER ON INTERNATIONAL RELIGIOUS FREEDOM.

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

                     TITLE IV--PRESIDENTIAL ACTIONS

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

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

       (a) Response to violations of religious freedom.--
       (1) In general.--
       (A) United states policy.--It shall be the policy of the 
     United States--
       (i) to oppose violations of religious freedom that are or 
     have been engaged in or tolerated by the governments of 
     foreign countries; and
       (ii) to promote the right to freedom of religion in those 
     countries through the actions described in subsection (b).
       (B) Requirement of presidential action.--For each foreign 
     country the government of which engages in or tolerates 
     violations of religious freedom, the President shall oppose 
     such violations and promote the right to freedom of religion 
     in that country through the actions described in subsection 
     (b).
       (2) Basis of actions.--Each action taken under paragraph 
     (1)(B) shall be based upon information regarding violations 
     of religious freedom, as described in the latest Country 
     Reports on Human Rights Practices, the Annual Report and 
     Executive Summary, and on any other evidence available, and 
     shall take into account any findings or recommendations by 
     the Commission with respect to the foreign country.
       (b) Presidential Actions.--
       (1) In general.--Subject to paragraphs (2) and (3), the 
     President, in consultation with the Secretary of State, the 
     Ambassador at Large, the Special Adviser, and the Commission, 
     shall, as expeditiously as practicable in response to the 
     violations described in subsection (a) by the government of a 
     foreign country--
       (A) take one or more of the actions described in paragraphs 
     (1) through (15) of section 405(a) (or commensurate action in 
     substitution thereto) with respect to such country; or
       (B) negotiate and enter into a binding agreement with the 
     government of such country, as described in section 405(c).

[[Page S11997]]

       (2) Deadline for actions.--Not later than September 1 of 
     each year, the President shall take action under any of the 
     paragraphs (1) through (15) of section 405(a) (or 
     commensurate action in substitution thereto) with respect to 
     each foreign country the government of which has engaged in 
     or tolerated violations of religious freedom at any time 
     since September 1 of the preceding year, except that in the 
     case of action under any of the paragraphs (9) through (15) 
     of section 405(a) (or commensurate action in substitution 
     thereto)--
       (A) the action may only be taken after the requirements of 
     sections 403 and 404 have been satisfied; and
       (B) the September 1 limitation shall not apply.
       (3) Authority for delay of presidential actions.--The 
     President may delay action under paragraph (2) described in 
     any of the paragraphs (9) through (15) of section 405(a) (or 
     commensurate action in substitution thereto) if he determines 
     and certifies to Congress that a single, additional period of 
     time, not to exceed 90 days, is necessary pursuant to the 
     same provisions applying to countries of particular concern 
     for religious freedom under section 402(c)(3).
       (c) Implementation.--
       (1) In general.--In carrying out subsection (b), the 
     President shall--
       (A) take the action or actions that most appropriately 
     respond to the nature and severity of the violations of 
     religious freedom;
       (B) seek to the fullest extent possible to target action as 
     narrowly as practicable with respect to the agency or 
     instrumentality of the foreign government, or specific 
     officials thereof, that are responsible for such violations; 
     and
       (C) when appropriate, make every reasonable effort to 
     conclude a binding agreement concerning the cessation of such 
     violations in countries with which the United States has 
     diplomatic relations.
       (2) Guidelines for presidential actions.--In addition to 
     the guidelines under paragraph (1), the President, in 
     determining whether to take a Presidential action under 
     paragraphs (9) through (15) of section 405(a) (or 
     commensurate action in substitution thereto), shall seek to 
     minimize any adverse impact on--
       (A) the population of the country whose government is 
     targeted by the Presidential action or actions; and
       (B) the humanitarian activities of United States and 
     foreign nongovernmental organizations in such country.

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

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

     SEC. 403. CONSULTATIONS.

       (a) In General.--As soon as practicable after the President 
     decides to take action under section 401 in response to 
     violations of religious freedom and the President decides to 
     take action under paragraphs (9) through (15) of section 
     405(a) (or commensurate action in substitution thereto) with 
     respect to that country, or not later than 90 days after the 
     President designates a country as a country of particular 
     concern for religious freedom under section 402, as the case 
     may be, the President shall carry out the consultations 
     required in this section.
       (b) Duty To Consult With Foreign Governments Prior To 
     Taking Presidential Actions.--
       (1) In general.--The President shall--

[[Page S11998]]

       (A) request consultation with the government of such 
     country regarding the violations giving rise to designation 
     of that country as a country of particular concern for 
     religious freedom or to Presidential action under section 
     401; and
       (B) if agreed to, enter into such consultations, privately 
     or publicly.
       (2) Use of multilateral fora.--If the President determines 
     it to be appropriate, such consultations may be sought and 
     may occur in a multilateral forum, but, in any event, the 
     President shall consult with appropriate foreign governments 
     for the purposes of achieving a coordinated international 
     policy on actions that may be taken with respect to a country 
     described in subsection (a), prior to implementing any such 
     action.
       (3) Election of nondisclosure of negotiations to public.--
     If negotiations are undertaken or an agreement is concluded 
     with a foreign government regarding steps to cease the 
     pattern of violations by that government, and if public 
     disclosure of such negotiations or agreement would jeopardize 
     the negotiations or the implementation of such agreement, as 
     the case may be, the President may refrain from disclosing 
     such negotiations and such agreement to the public, except 
     that the President shall inform the appropriate congressional 
     committees of the nature and extent of such negotiations and 
     any agreement reached.
       (c) Duty To Consult With Humanitarian Organizations.--The 
     President should consult with appropriate humanitarian and 
     religious organizations concerning the potential impact of 
     United States policies to promote freedom of religion in 
     countries described in subsection (a).
       (d) Duty To Consult With United States Interested 
     Parties.--The President shall, as appropriate, consult with 
     United States interested parties as to the potential impact 
     of intended Presidential action or actions in countries 
     described in subsection (a) on economic or other interests of 
     the United States.

     SEC. 404. REPORT TO CONGRESS.

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

     SEC. 405. DESCRIPTION OF PRESIDENTIAL ACTIONS.

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

     SEC. 406. EFFECTS ON EXISTING CONTRACTS.

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

     SEC. 407. PRESIDENTIAL WAIVER.

       (a) In General.--Subject to subsection (b), the President 
     may waive the application of any of the actions described in 
     paragraphs (9)

[[Page S11999]]

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

     SEC. 408. PUBLICATION IN FEDERAL REGISTER.

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

     SEC. 409. TERMINATION OF PRESIDENTIAL ACTIONS.

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

     SEC. 410. PRECLUSION OF JUDICIAL REVIEW.

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

                Subtitle II--Strengthening Existing Law

     SEC. 421. UNITED STATES ASSISTANCE.

       (a) Implementation of Prohibition on Economic Assistance.--
     Section 116(c) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2151n(c)) is amended--
       (1) in the text above paragraph (1), by inserting ``and in 
     consultation with the Ambassador at Large for International 
     Religious Freedom'' after ``Labor''.
       (2) by striking ``and'' at the end of paragraph (1);
       (3) by striking the period at the end of paragraph (2) and 
     inserting ``; and''; and
       (4) by adding at the end the following new paragraph:
       ``(3) whether the government--
       ``(A) has engaged in or tolerated particularly severe 
     violations of religious freedom, as defined in section 3 of 
     the International Religious Freedom Act of 1998; or
       ``(B) has failed to undertake serious and sustained efforts 
     to combat particularly severe violations of religious freedom 
     (as defined in section 3 of the International Religious 
     Freedom Act of 1998), when such efforts could have been 
     reasonably undertaken.''.
       (b) Implementation of Prohibition on Military Assistance.--
     Section 502B(a) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2304(a)) is amended by adding at the end the following 
     new paragraph:
       ``(4) In determining whether the government of a country 
     engages in a consistent pattern of gross violations of 
     internationally recognized human rights, the President shall 
     give particular consideration to whether the government--
       ``(A) has engaged in or tolerated particularly severe 
     violations of religious freedom, as defined in section 3 of 
     the International Religious Freedom Act of 1998; or
       ``(B) has failed to undertake serious and sustained efforts 
     to combat particularly severe violations of religious freedom 
     when such efforts could have been reasonably undertaken.''.

     SEC. 422. MULTILATERAL ASSISTANCE.

       Section 701 of the International Financial Institutions Act 
     (22 U.S.C. 262d) is amended by adding at the end the 
     following new subsection:
       ``(g) In determining whether the government of a country 
     engages in a pattern of gross violations of internationally 
     recognized human rights, as described in subsection (a), the 
     President shall give particular consideration to whether a 
     foreign government--
       ``(1) has engaged in or tolerated particularly severe 
     violations of religious freedom, as defined in section 3 of 
     the International Religious Freedom Act of 1998; or
       ``(2) has failed to undertake serious and sustained efforts 
     to combat particularly severe violations of religious freedom 
     when such efforts could have been reasonably undertaken.''.

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

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

                TITLE V--PROMOTION OF RELIGIOUS FREEDOM

     SEC. 501. ASSISTANCE FOR PROMOTING RELIGIOUS FREEDOM.

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

     SEC. 502. INTERNATIONAL BROADCASTING.

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

     SEC. 503. INTERNATIONAL EXCHANGES.

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

     SEC. 504. FOREIGN SERVICE AWARDS.

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

            TITLE VI--REFUGEE, ASYLUM, AND CONSULAR MATTERS

     SEC. 601. USE OF ANNUAL REPORT.

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

     SEC. 602. REFORM OF REFUGEE POLICY.

       (a) Training.--Section 207 of the Immigration and 
     Nationality Act (8 U.S.C. 1157) is

[[Page S12000]]

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

     SEC. 603. REFORM OF ASYLUM POLICY.

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

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

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

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

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

                  TITLE VII--MISCELLANEOUS PROVISIONS

     SEC. 701. BUSINESS CODES OF CONDUCT.

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

[[Page S12001]]

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

                          ____________________