Congressional Record, Volume 144 Issue 142 (Saturday, October 10, 1998)

[Congressional Record Volume 144, Number 142 (Saturday, October 10, 1998)]
[House]
[Pages H10434-H10447]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

INTERNATIONAL RELIGIOUS FREEDOM ACT OF 1998

Mr. GILMAN. Mr. Speaker, I move to suspend the rules and take from
the speaker's table the bill (H.R. 2431) to establish an Office of
Religious Persecution Monitoring, to provide for the imposition of
sanctions against countries engaged in a pattern of religious
persecution, and for other purposes, with Senate amendments thereto,
and concur in the Senate amendments.
The Clerk read the title of the bill.
The Clerk read the Senate amendments, as follows:

Senate amendments:
Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

TITLE I--DEPARTMENT OF STATE ACTIVITIES

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

TITLE II--COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

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

TITLE III--NATIONAL SECURITY COUNCIL

Sec. 301. Special Adviser on International Religious Freedom.

TITLE IV--PRESIDENTIAL ACTIONS

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

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

[[Page H10435]]

Sec. 409. Termination of Presidential actions.
Sec. 410. Preclusion of judicial review.

Subtitle II--Strengthening Existing Law

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

TITLE V--PROMOTION OF RELIGIOUS FREEDOM

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

TITLE VI--REFUGEE, ASYLUM, AND CONSULAR MATTERS

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

TITLE VII--MISCELLANEOUS PROVISIONS

Sec. 701. Business codes of conduct.

SEC. 2. FINDINGS; POLICY.

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

SEC. 3. DEFINITIONS.

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

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practice: detention, interrogation, imposition of an onerous
financial penalty, forced labor, forced mass resettlement,
imprisonment, forced religious conversion, beating, torture,
mutilation, rape, enslavement, murder, and execution.
TITLE I--DEPARTMENT OF STATE ACTIVITIES

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

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

SEC. 102. REPORTS.

(a) Portions of Annual Human Rights Reports.--The
Ambassador at Large shall assist the Secretary of State in
preparing those portions of the Human Rights Reports that
relate to freedom of religion and freedom from discrimination
based on religion and those portions of other information
provided Congress under sections 116 and 502B of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151m, 2304) that relate to
the right to freedom of religion.
(b) Annual Report on International Religious Freedom.--
(1) Deadline for submission.--On September 1 of each year
or the first day thereafter on which the appropriate House of
Congress is in session, the Secretary of State, with the
assistance of the Ambassador at Large, and taking into
consideration the recommendations of the Commission, shall
prepare and transmit to Congress an Annual Report on
International Religious Freedom supplementing the most recent
Human Rights Reports by providing additional detailed
information with respect to matters involving international
religious freedom. Each Annual Report shall contain the
following:
(A) Status of religious freedom.--A description of the
status of religious freedom in each foreign country,
including--
(i) trends toward improvement in the respect and protection
of the right to religious freedom and trends toward
deterioration of such right;
(ii) violations of religious freedom engaged in or
tolerated by the government of that country; and
(iii) particularly severe violations of religious freedom
engaged in or tolerated by the government of that country.
(B) Violations of religious freedom.--An assessment and
description of the nature and extent of violations of
religious freedom in each foreign country, including
persecution of one religious group by another religious
group, religious persecution by governmental and
nongovernmental entities, persecution targeted at individuals
or particular denominations or entire religions, the
existence of government policies violating religious freedom,
and the existence of government policies concerning--
(i) limitations or prohibitions on, or lack of availability
of, openly conducted, organized religious services outside of
the premises of foreign diplomatic missions or consular
posts; and
(ii) the forced religious conversion of minor United States
citizens who have been abducted or illegally removed from the
United States, and the refusal to allow such citizens to be
returned to the United States.
(C) United states policies.--A description of United States
actions and policies in support of religious freedom in each
foreign country engaging in or tolerating violations of
religious freedom, including a description of the measures
and policies implemented during the preceding 12 months by
the United States under titles I, IV, and V of this Act in
opposition to violations of religious freedom and in support
of international religious freedom.
(D) International agreements in effect.--A description of
any binding agreement with a foreign government entered into
by the United States under section 401(b) or 402(c).
(E) Training and guidelines of government personnel.--A
description of--
(i) the training described in section 602 (a) and (b) and
section 603 (b) and (c) on violations of religious freedom
provided to immigration judges and consular, refugee,
immigration, and asylum officers; and
(ii) the development and implementation of the guidelines
described in sections 602(c) and 603(a).
(F) Executive summary.--An Executive Summary to the Annual
Report highlighting the status of religious freedom in
certain foreign countries and including the following:
(i) Countries in which the united states is actively
promoting religious freedom.--An identification of foreign
countries in which the United States is actively promoting
religious freedom. This section of the report shall include a
description of United States actions taken to promote the
internationally recognized right to freedom of religion and
oppose violations of such right under title IV and title V of
this Act during the period covered by the Annual Report. Any
country designated as a country of particular concern for
religious freedom under section 402(b)(1) shall be included
in this section of the report.
(ii) Countries of significant improvement in religious
freedom.--An identification of foreign countries the
governments of which have demonstrated significant
improvement in the protection and promotion of the
internationally recognized right to freedom of religion
during the period covered by the Annual Report. This section
of the report shall include a description of the nature of
the improvement and an analysis of the factors contributing
to such improvement, including actions taken by the United
States under this Act.
(2) Classified addendum.--If the Secretary of State
determines that it is in the national security interests of
the United States or is necessary for the safety of
individuals to be identified in the Annual Report or is
necessary to further the purposes of this Act, any
information required by paragraph (1), including measures or
actions taken by the United States, may be summarized in the
Annual Report or the Executive Summary and submitted in more
detail in a classified addendum to the Annual Report or the
Executive Summary.
(c) Preparation of Reports Regarding Violations of
Religious Freedom.--
(1) Standards and investigations.--The Secretary of State
shall ensure that United States missions abroad maintain a
consistent reporting standard and thoroughly investigate
reports of violations of the internationally recognized right
to freedom of religion.
(2) Contacts with nongovernmental organizations.--In
compiling data and assessing the respect of the right to
religious freedom for the Human Rights Reports, the Annual
Report on International Religious Freedom, and the Executive
Summary, United States mission personnel shall, as
appropriate, seek out and maintain contacts with religious
and human rights nongovernmental organizations, with the
consent of those organizations, including receiving reports
and updates from such organizations and, when appropriate,
investigating such reports.
(d) Amendments to the Foreign Assistance Act.--
(1) Content of human rights reports for countries receiving
economic assistance.--Section 116(d) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151n(d)) is amended--
(A) by striking ``and'' at the end of paragraph (4);
(B) by striking the period at the end of paragraph (5) and
inserting ``; and ''; and
(C) by adding at the end the following:
``(6) wherever applicable, violations of religious freedom,
including particularly severe violations of religious freedom
(as defined in section 3 of the International Religious
Freedom Act of 1998).''.
(2) Contents of human rights reports for countries
receiving security assistance.--Section 502B(b) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2304(b)) is
amended--
(A) by inserting ``and with the assistance of the
Ambassador at Large for International Religious Freedom''
after ``Labor''; and
(B) by inserting after the second sentence the following
new sentence: ``Such report shall also include, wherever
applicable, information on violations of religious freedom,
including particularly severe violations of religious freedom
(as defined in section 3 of the International Religious
Freedom Act of 1998).''.

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

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

SEC. 104. TRAINING FOR FOREIGN SERVICE OFFICERS.

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

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

``The Secretary of State, with the assistance of other
relevant officials, such as the Ambassador at Large for
International Religious Freedom appointed under section
101(b) of the International Religious Freedom Act of 1998 and
the

[[Page H10437]]

director of the National Foreign Affairs Training Center,
shall establish as part of the standard training provided
after January 1, 1999, for officers of the Service, including
chiefs of mission, instruction in the field of
internationally recognized human rights. Such training shall
include--
``(1) instruction on international documents and United
States policy in human rights, which shall be mandatory for
all members of the Service having reporting responsibilities
relating to human rights and for chiefs of mission; and
``(2) instruction on the internationally recognized right
to freedom of religion, the nature, activities, and beliefs
of different religions, and the various aspects and
manifestations of violations of religious freedom.''.

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

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

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

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

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

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

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

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

SEC. 201. ESTABLISHMENT AND COMPOSITION.

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

SEC. 202. DUTIES OF THE COMMISSION.

(a) In General.--The Commission shall have as its primary
responsibility--
(1) the annual and ongoing review of the facts and
circumstances of violations of religious freedom presented in
the Country Reports on Human Rights Practices, the Annual
Report, and the Executive Summary, as well as information
from other sources as appropriate; and
(2) the making of policy recommendations to the President,
the Secretary of State, and Congress with respect to matters
involving international religious freedom.
(b) Policy Review and Recommendations in Response to
Violations.--The Commission, in evaluating United States
Government policies in response to violations of religious
freedom, shall consider and recommend options for policies of
the United States Government with respect to each foreign
country the government of which has engaged in or tolerated
violations of religious freedom, including particularly
severe violations of religious freedom, including diplomatic
inquiries, diplomatic protest, official public protest
demarche of protest, condemnation within multilateral fora,
delay or cancellation of cultural or scientific exchanges,
delay or cancellation of working, official, or state visits,
reduction of certain assistance funds, termination of certain
assistance funds, imposition of targeted trade sanctions,
imposition of broad trade sanctions, and withdrawal of the
chief of mission.
(c) Policy Review and Recommendations in Response to
Progress.--The Commission, in evaluating the United States
Government policies with respect to countries found to be
taking deliberate steps and making significant improvement in
respect for the right of religious freedom, shall consider
and recommend policy options, including private commendation,
diplomatic commendation, official public commendation,
commendation within multilateral fora, an increase in
cultural or scientific exchanges, or both, termination or
reduction of existing Presidential actions, an increase in
certain assistance funds, and invitations for working,
official, or state visits.
(d) Effects on Religious Communities and Individuals.--
Together with specific policy recommendations provided under
subsections (b) and (c), the Commission shall also indicate
its

[[Page H10438]]

evaluation of the potential effects of such policies, if
implemented, on the religious communities and individuals
whose rights are found to be violated in the country in
question.
(e) Monitoring.--The Commission shall, on an ongoing basis,
monitor facts and circumstances of violations of religious
freedom, in consultation with independent human rights groups
and nongovernmental organizations, including churches and
other religious communities, and make such recommendations as
may be necessary to the appropriate officials and offices in
the United States Government.
(f) Hearings and Sessions.--The Commission may, for the
purpose of carrying out its duties under this title, hold
hearings, sit and act at times and places in the United
States, take testimony, and receive evidence as the
Commission considers advisable to carry out the purposes of
this Act.

SEC. 203. REPORT OF THE COMMISSION.

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

SEC. 204. APPLICABILITY OF OTHER LAWS.

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

SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 206. TERMINATION.

The Commission shall terminate 4 years after the initial
appointment of all of the Commissioners.
TITLE III--NATIONAL SECURITY COUNCIL

SEC. 301. SPECIAL ADVISER ON INTERNATIONAL RELIGIOUS FREEDOM.

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

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

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

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

(a) Response to Particularly Severe Violations of Religious
Freedom.--
(1) United states policy.--It shall be the policy of the
United States--
(A) to oppose particularly severe violations of religious
freedom that are or have been engaged in or tolerated by the
governments of foreign countries; and
(B) to promote the right to freedom of religion in those
countries through the actions described in subsection (c).
(2) Requirement of presidential action.--Whenever the
President determines that the government of a foreign country
has engaged in or tolerated particularly severe violations of
religious freedom, the President shall oppose such violations
and promote the right to religious freedom through one or
more of the actions described in subsection (c).
(b) Designations of Countries of Particular Concern for
Religious Freedom.--
(1) Annual review.--
(A) In general.--Not later than September 1 of each year,
the President shall review the status of religious freedom in
each foreign country to determine whether the government of
that country has engaged in or tolerated particularly severe
violations of religious freedom in that country during the
preceding 12 months or since the date of the last review of
that country under this subparagraph, whichever period is
longer. The President shall designate each country the
government of which has engaged in or tolerated violations
described in this subparagraph as a country of particular
concern for religious freedom.
(B) Basis of review.--Each review conducted under
subparagraph (A) shall be based upon information contained in
the latest Country Reports on Human Rights Practices, the
Annual Report, and on any other evidence available and shall
take into account any findings or recommendations by the
Commission with respect to the foreign country.
(C) Implementation.--Any review under subparagraph (A) of a
foreign country may take place singly or jointly with the
review of one or more countries and may take place at any
time prior to September 1 of the respective year.
(2) Determinations of responsible parties.--For the
government of each country designated as a country of
particular concern for religious freedom under paragraph
(1)(A), the President shall seek to determine the agency or
instrumentality thereof and the specific officials thereof
that are responsible for the particularly severe violations
of religious freedom engaged in or tolerated by that
government in order to appropriately target Presidential
actions under this section in response.
(3) Congressional notification.--Whenever the President
designates a country as a country of particular concern for
religious freedom under paragraph (1)(A), the President
shall, as soon as practicable after the designation is made,
transmit to the appropriate congressional committees--
(A) the designation of the country, signed by the
President; and
(B) the identification, if any, of responsible parties
determined under paragraph (2).
(c) Presidential Actions With Respect to Countries of
Particular Concern for Religious Freedom.--
(1) In general.--Subject to paragraphs (2), (3), and (4)
with respect to each country of particular concern for
religious freedom designated under subsection (b)(1)(A), the
President shall, after the requirements of sections 403 and
404

[[Page H10439]]

have been satisfied, but not later than 90 days (or 180 days
in case of a delay under paragraph (3)) after the date of
designation of the country under that subsection, carry out
one or more of the following actions under subparagraph (A)
or subparagraph (B):
(A) Presidential actions.--One or more of the Presidential
actions described in paragraphs (9) through (15) of section
405(a), as determined by the President.
(B) Commensurate actions.--Commensurate action in
substitution to any action described in subparagraph (A).
(2) Substitution of binding agreements.--
(A) In general.--In lieu of carrying out action under
paragraph (1), the President may conclude a binding agreement
with the respective foreign government as described in
section 405(c). The existence of a binding agreement under
this paragraph with a foreign government may be considered by
the President prior to making any determination or taking any
action under this title.
(B) Statutory construction.--Nothing in this paragraph may
be construed to authorize the entry of the United States into
an agreement covering matters outside the scope of violations
of religious freedom.
(3) Authority for delay of presidential actions.--If, on or
before the date that the President is required (but for this
paragraph) to take action under paragraph (1), the President
determines and certifies to Congress that a single,
additional period of time not to exceed 90 days is
necessary--
(A) for a continuation of negotiations that have been
commenced with the government of that country to bring about
a cessation of the violations by the foreign country;
(B) for a continuation of multilateral negotiations into
which the United States has entered to bring about a
cessation of the violations by the foreign country;
(C)(i) for a review of corrective action taken by the
foreign country after designation of such country as a
country of particular concern; or
(ii) in anticipation that corrective action will be taken
by the foreign country during the 90-day period,
then the President shall not be required to take action until
the expiration of that period of time.
(4) Exception for ongoing presidential action.--The
President shall not be required to take action pursuant to
this subsection in the case of a country of particular
concern for religious freedom, if with respect to such
country--
(A) the President has taken action pursuant to this Act in
a preceding year;
(B) such action is in effect at the time the country is
designated as a country of particular concern for religious
freedom under this section;
(C) the President reports to Congress the information
described in section 404(a) (1), (2), (3), and (4) regarding
the actions in effect with respect to the country; and
(D) at the time the President determines a country to be a
country of particular concern, if that country is already
subject to multiple, broad-based sanctions imposed in
significant part in response to human rights abuses, and such
sanctions are ongoing, the President may determine that one
or more of these sanctions also satisfies the requirements of
this subsection. In a report to Congress pursuant to section
404(a) (1), (2), (3), and (4), and, as applicable, to section
408, the President must designate the specific sanction or
sanctions which he determines satisfy the requirements of
this subsection. The sanctions so designated shall remain in
effect subject to section 409 of this Act.
(d) Statutory Construction.--A determination under this
Act, or any amendment made by this Act, that a foreign
country has engaged in or tolerated particularly severe
violations of religious freedom shall not be construed to
require the termination of assistance or other activities
with respect to that country under any other provision of
law, including section 116 or 502B of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151n, 2304).

SEC. 403. CONSULTATIONS.

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

SEC. 404. REPORT TO CONGRESS.

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

SEC. 405. DESCRIPTION OF PRESIDENTIAL ACTIONS.

(a) Description of Presidential Actions.--Except as
provided in subsection (d), the Presidential actions referred
to in this subsection are the following:
(1) A private demarche.
(2) An official public demarche.
(3) A public condemnation.
(4) A public condemnation within one or more multilateral
fora.
(5) The delay or cancellation of one or more scientific
exchanges.
(6) The delay or cancellation of one or more cultural
exchanges.
(7) The denial of one or more working, official, or state
visits.
(8) The delay or cancellation of one or more working,
official, or state visits.
(9) The withdrawal, limitation, or suspension of United
States development assistance in accordance with section 116
of the Foreign Assistance Act of 1961.
(10) Directing the Export-Import Bank of the United States,
the Overseas Private Investment Corporation, or the Trade and
Development Agency not to approve the issuance of any (or a
specified number of) guarantees, insurance, extensions of
credit, or participations in the extension of credit with
respect to the specific government, agency, instrumentality,
or official found or determined by the President to be
responsible for violations under section 401 or 402.
(11) The withdrawal, limitation, or suspension of United
States security assistance in accordance with section 502B of
the Foreign Assistance Act of 1961.
(12) Consistent with section 701 of the International
Financial Institutions Act of 1977, directing the United
States executive directors of international financial
institutions to oppose and vote against loans primarily
benefiting the specific foreign government, agency,
instrumentality, or official found or determined by the
President to be responsible for violations under section 401
or 402.
(13) Ordering the heads of the appropriate United States
agencies not to issue any (or a specified number of) specific
licenses, and not to

[[Page H10440]]

grant any other specific authority (or a specified number of
authorities), to export any goods or technology to the
specific foreign government, agency, instrumentality, or
official found or determined by the President to be
responsible for violations under section 401 or 402, under--
(A) the Export Administration Act of 1979;
(B) the Arms Export Control Act;
(C) the Atomic Energy Act of 1954; or
(D) any other statute that requires the prior review and
approval of the United States Government as a condition for
the export or reexport of goods or services.
(14) Prohibiting any United States financial institution
from making loans or providing credits totaling more than
$10,000,000 in any 12-month period to the specific foreign
government, agency, instrumentality, or official found or
determined by the President to be responsible for violations
under section 401 or 402.
(15) Prohibiting the United States Government from
procuring, or entering into any contract for the procurement
of, any goods or services from the foreign government,
entities, or officials found or determined by the President
to be responsible for violations under section 401 or 402.
(b) Commensurate Action.--Except as provided in subsection
(d), the President may substitute any other action authorized
by law for any action described in paragraphs (1) through
(15) of subsection (a) if such action is commensurate in
effect to the action substituted and if the action would
further the policy of the United States set forth in section
2(b) of this Act. The President shall seek to take all
appropriate and feasible actions authorized by law to obtain
the cessation of the violations. If commensurate action is
taken, the President shall report such action, together with
an explanation for taking such action, to the appropriate
congressional committees.
(c) Binding Agreements.--The President may negotiate and
enter into a binding agreement with a foreign government that
obligates such government to cease, or take substantial steps
to address and phase out, the act, policy, or practice
constituting the violation of religious freedom. The entry
into force of a binding agreement for the cessation of the
violations shall be a primary objective for the President in
responding to a foreign government that has engaged in or
tolerated particularly severe violations of religious
freedom.
(d) Exceptions.--Any action taken pursuant to subsection
(a) or (b) may not prohibit or restrict the provision of
medicine, medical equipment or supplies, food, or other
humanitarian assistance.

SEC. 406. EFFECTS ON EXISTING CONTRACTS.

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

SEC. 407. PRESIDENTIAL WAIVER.

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

SEC. 408. PUBLICATION IN FEDERAL REGISTER.

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

SEC. 409. TERMINATION OF PRESIDENTIAL ACTIONS.

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

SEC. 410. PRECLUSION OF JUDICIAL REVIEW.

No court shall have jurisdiction to review any Presidential
determination or agency action under this Act or any
amendment made by this Act.
Subtitle II--Strengthening Existing Law

SEC. 421. UNITED STATES ASSISTANCE.

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

SEC. 422. MULTILATERAL ASSISTANCE.

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

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

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

SEC. 501. ASSISTANCE FOR PROMOTING RELIGIOUS FREEDOM.

(a) Findings.--Congress makes the following findings:

[[Page H10441]]

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

SEC. 502. INTERNATIONAL BROADCASTING.

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

SEC. 503. INTERNATIONAL EXCHANGES.

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

SEC. 504. FOREIGN SERVICE AWARDS.

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

SEC. 601. USE OF ANNUAL REPORT.

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

SEC. 602. REFORM OF REFUGEE POLICY.

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

SEC. 603. REFORM OF ASYLUM POLICY.

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

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

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

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

(a) Studies.--
(1) Commission request for participation by experts on
refugee and asylum issues.--If the Commission so requests,
the Attorney General shall invite experts designated by the
Commission, who are recognized for their expertise and
knowledge of refugee and asylum issues, to conduct a study,
in cooperation with the Comptroller General of the United
States, to determine whether immigration officers described
in paragraph (2) are engaging in any of the conduct described
in such paragraph.
(2) Duties of comptroller general.--The Comptroller General
of the United States shall conduct a study alone or, upon
request by the Commission, in cooperation with experts
designated by the Commission, to determine whether
immigration officers performing duties under section 235(b)
of the Immigration and Nationality Act (8 U.S.C. 1225(b))
with respect to aliens who may be eligible to be granted
asylum are engaging in any of the following conduct:
(A) Improperly encouraging such aliens to withdraw their
applications for admission.
(B) Incorrectly failing to refer such aliens for an
interview by an asylum officer for a determination of whether
they have a credible fear of persecution (within the meaning
of section 235(b)(1)(B)(v) of such Act).
(C) Incorrectly removing such aliens to a country where
they may be persecuted.
(D) Detaining such aliens improperly or in inappropriate
conditions.
(b) Reports.--

[[Page H10442]]

(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.

Mr. GILMAN (during the reading). Mr. Speaker, I ask unanimous consent
that the Senate amendments be considered as read and printed in the
Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Gilman) and the gentleman from Tennessee (Mr. Clement) each
will be recognized for 20 minutes.
The chair recognizes the gentleman from New York (Mr. Gilman).

General Leave.

Mr. GILMAN. Mr. Speaker, I ask unanimous consent that all Members
have 5 days in which to revise and extend their remarks on this
measure.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. GILMAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the legislation before us, H.R. 2431, represents a
culmination of years of work on behalf of many people who are
persecuted around the world on account of their religion, work which
has been carried on tirelessly by the distinguished gentleman from
Virginia (Mr. Wolf), the principle House sponsor of this measure and by
the distinguished chairman of our Subcommittee on International
Operations and Human Rights, the gentleman from New Jersey (Mr. Smith),
as well as by many other Members of this body who cosponsored H.R.
2431.
Mr. Speaker, I was pleased to join with the gentleman from Virginia
(Mr. Wolf) and the gentleman from New Jersey (Mr. Smith) as an original
cosponsor of this measure, worked closely with them as we moved this
measure through the legislative process. Our Committee on International
Relations approved the measure on March 25. It passed the House on
March 14 by a vote of 374 in favor to 41 opposed. The bill then went
over to the Senate where it received very careful consideration and was
revised significantly. In most respects I prefer the House-approved
version to what passed the Senate yesterday, but on balance I believe
that we have before us a worthy measure that will contribute
significantly to the struggle to eliminate religious oppression around
the world.
Before concluding my remarks there are several technical points that
I must know about the text before us.
First, section 405(c) urges the President to negotiate and enter into
``binding agreements'' with foreign governments that are engaged in
religious persecution.
As stated in the text of 405(c), the purpose of that provision is to,
quote, 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, close quote. In other words, the agreement should be
binding on the foreign governments in question. Nothing in that section
suggests or is meant to suggest that these agreements may obligate the
United States to do anything or otherwise bind our Nation in any way.
This provision most emphatically is not a grant of authority to the
President to enter into agreements that would legally bind our Nation
or supersede U.S. law. This section is not intended to open the door to
committing the United States to extend benefits or make any other
binding promise to a foreign country as a quid pro quo for them to stop
persecuting their own people.

{time} 1515

Second, section 407(a) authorizes the President to waive sanctions
imposed on foreign countries under this legislation. Obviously this
waiver authority extends only to sanctions that have been imposed
pursuant to this legislation.
This authority does not extend to the same or similar sanctions that
have been imposed on foreign countries pursuant to other provisions of
law. Particularly, it does not extend to ongoing sanctions under other
laws that, pursuant to section 402(c)(4)(D), have been determined to
satisfy the requirements of this law.
Third, section 409 calls for the termination of sanctions imposed
under this legislation after 2 years unless they are expressly
reauthorized by law. The legislation, however, requires the President
to impose sanctions on individual countries each year if his yearly
review finds that conditions there merit them.
In this regard, section 402(c)(4) provides that when a country was
sanctioned during a prior year under this law and those sanctions are
still in effect, the President need not reimpose those sanctions or
impose additional sanctions.
It is not the purpose of this law, however, to turn sanctions on and
off like a light switch. Sections 409 and 402(c)(4) in combination are
not to be interpreted to provide for a temporary lapse in sanctions
with respect to countries that have, over a period of 2 years or more,
engaged in or tolerated particularly severe violations of religious
freedom.
Rather, the structure of the legislation and common sense would
require continuity of these sanctions with respect to such countries.
The 2-year sunset provision of section 409 would not provide for a
lapse in sanctions with respect to such countries because new action
would be required in connection with the President's annual review, and
that new action would be subject to a new 2-year clock.
I have reviewed each of these technical issues with the principal
House sponsor of the measure, the gentleman from Virginia (Mr. Wolf),
and he assures me that in each case he shares my understanding. If
there were not a shared understanding among all of us about the meaning
of these provisions, I would have insisted on referral of the Senate
amendment to the Committee on International Relations, and I would have
not have permitted the measure to come before the House in its current
form.
With these understandings, Mr. Speaker, I urge my colleagues to
support the measure.
Mr. Speaker, I reserve the balance of my time.
Mr. CLEMENT. Mr. Speaker, I yield myself as much time as I may
consume.
(Mr. CLEMENT asked and was given permission to revise and extend his
remarks.)
Mr. CLEMENT. Mr. Speaker, I rise in support of H.R. 2431.
Mr. Speaker, I am glad that we were able to work through the process
to

[[Page H10443]]

reach a compromise on the legislation before us today. It is a fully
bipartisan bill. It does not target one group or one country. Rather,
it seeks to promote and protect religious freedom of all peoples
throughout the world. This is an objective that deserves all of our
support, and it respects all religions and faiths in the world.
Mr. Speaker, we are poised on the brink of an historic vote to help
millions of our persecuted brothers and sisters of faith around the
world. The words of our first President, George Washington, ring out
across the years as if written to us for this day: ``I beg you will be
persuaded that no one would be more zealous than myself to establish
effectual barriers against the horrors of spiritual tyranny and every
species of religious persecution.''
This morning, with historic unity and courage, the Senate voted 98 to
0 to stand against the horrors of religious persecution. I rise now,
after more than a year of work on this bill, in heartfelt support for
the International Religious Freedom Act. Let us finish the job. With
one voice, let us tell religious believers around the world that we
have heard their cries and seen their suffering. Let us, with one
voice, tell persecuting regimes around the world that we will not be
silent and that we will not let their crimes go unchecked.
Even as we speak, there are those suffering torture, imprisonment,
rape, murder, merely because they seek to peacefully practice their
faith. As Senator Nickles has said, this bill is not designed to punish
but to change behavior. The International Religious Freedom Act is
strong, but it is responsible. The only option it does not allow is
silence.
I commend my Senate colleagues, Don Nickles, who sponsored and
provided such great leadership on the bill, and Senators Joe Lieberman,
Connie Mack, Dan Coats and others, as well as all the staff who worked
so hard, including John Hanford, Steve Moffitt, Elaine Petty, Jim
Jatras, Cecile Shea, Pam Sellars. I commend the gentleman from Virginia
(Mr. Wolf) and his staffer Ann Huiskes.
What is so remarkable about this bill is that it is bipartisan in
nature. I know just how bipartisan the effort was, because my staffer,
Laura Bryant, was one of the principal drafters of this bill together
with my colleague on the other side, the gentleman from Texas (Mr.
DeLay), and his fine staffer, Will Inboden. They worked together for
over a year with the staff of other Senators and Congressmen, with
grassroots groups, with the administration to have a bill we can all
heartily support.
Let me mention some of the heroes from the grassroots of many faiths.
From the Episcopal church, the first to support the bill, Tom Hart and
Jere Skipper. From the American Jewish Committee, Rich Foltin. From the
Christian Coalition, Jeff Taylor. From the Southern Baptist Ethics and
Religious Liberty Commission, Will Dodson. From the Anti-Defamation
League, Stacy Burdett, and there were many others from many faiths,
including Chuck Colson and Nagy Kheir.
This act establishes a high level Ambassador at Large who will
forcefully advocate for religious freedom around the world, and a high-
level, independent commission of experts to provide policy
recommendations.
It also creates an annual report by the State Department to shed the
light of exposure on violations of religious freedom around the world.
It requires our government to take action every year in each country
where violations occur, from a vast number of options ranging from
diplomatic discussions to targeted economic sanctions for the worst of
violators.

Before imposing a sanction, the President must renegotiate with the
foreign government to end the persecution, and consult with religious
groups and U.S. business interests about the potential impact of
economic action against that country. The action may be waived if it
would be harmful.
Finally, there is extensive long-term promotion of change, from
broadcasting to human rights training for our foreign service and
immigration officers.
Long ago, in times of terrible hardship for the people of God, the
prophet Isaiah said that what is acceptable to God is to undo the bands
of the yoke and to let the oppressed go free.
Mr. Speaker, this is not just a bill. This is a stand for the most
precious freedom, the right dearest to every human heart. This is a
historic stand for the freedom of the people of God in every country to
worship Him in freedom and in truth.
Mr. Speaker, I urge all of my colleagues to join with the Senate in
saying to the world, with one voice, that the United States stands for
freedom of religion in every country, for every people, for every man,
for every woman. We cannot be silent.
Mr. Speaker, I reserve the balance of my time
Mr. GILMAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I want to thank the gentleman from Tennessee (Mr.
Clement), for his supporting arguments on behalf of this bill.
Mr. Speaker, I yield 7\1/2\ minutes to the distinguished gentleman
from New Jersey (Mr. Smith), the chairman of the Subcommittee on
International Operations and Human Rights.
Mr. SMITH of New Jersey. Mr. Speaker, I thank the gentleman from New
York (Mr. Gilman), our chairman, for yielding.
Mr. Speaker, first of all, let me begin by expressing my deep
gratitude to the gentleman from Virginia (Mr. Wolf) for his courage and
persistence in pushing this important bill through the long and arduous
road to final passage.
Frankly, I am disappointed, and I know many of my colleagues are,
that the Senate amendments have somewhat weakened our bill. For
example, the House had given the President a great deal of flexibility
in deciding whether to impose sanctions against governments that
severely persecute religious believers, but the Senate stretches
flexibility almost to the breaking point. I am informed that this was
necessary in order to avoid a filibuster.
Even with the Senate amendments, let me say very clearly that the
bill creates what I sincerely hope will be a strong and independent
Commission on International Religious Freedom, which can be a voice on
behalf of persecuted people around the world, and it provides modest
but important safeguards for refugees and asylum seekers.
I just wanted to make it very clear that our Subcommittee on
International Operations and Human Rights, which I chair, will work
with the Commission and watch closely to ensure that it acts boldly and
in an unfettered way to expose religious persecution wherever and
whenever it exists, even when it is not politically expedient.
Mr. Speaker, recently the Subcommittee on International Operations
and Human Rights held a hearing for the purpose of taking testimony
from 5 witnesses to religious persecution: a Catholic from Pakistan, a
Protestant from Cuba, a Muslim from East Turkestan, a Buddhist from
Tibet, and a Ba'hai from Iran, each of whom had witnessed religious
persecution firsthand.
Each of these people had seen close friends or relatives imprisoned,
tortured, even executed for their faith, or had suffered such horrors
themselves. Each presented compelling and recent evidence that
religious persecution is not a problem that will go away if we just
pretend that it does not exist.
This hearing was the latest in a series of hearings that our
subcommittee has had, focusing in whole or in part on the persecution
of religious believers. Other hearings focused on worldwide anti-
Semitism; on the persecution of Christians around the world; on the
1995 massacre of Bosnian Muslims in Srebrenica; on the enslavement of
black Christians in the Sudan; and on the use of torture against
religious believers and other prisoners of conscience.
We have heard from Palden Gyatso, a Tibetan Buddhist monk who
displayed--actually brought into the House, into our committee room--
the instruments of torture that had been used against him by his
communist jailers from the PRC.
We heard from Hasan Nuhanovic, a Muslim who unsuccessfully begged,
begged the United Nations peacekeepers, UNPROFOR, not to turn his
mother, father and brother over to the murderous Bosnian Serb militia.
We heard from a Russian Jewish member of parliament who observed,

[[Page H10444]]

and I quote, that ``anti-Semitism was the first industry to be
privatized in the post-Soviet Russia.''
We heard from the Karen refugees whose villages in Thailand were
burned by the Burmese military dictatorship, which openly used their
Christian religion as an excuse to conduct cross-border raids against
them; and from Christians and Buddhists subjected to imprisonment and
torture by the communist governments of China and Vietnam.
Wherever we hear from victims themselves, and whenever we hear from
those victims, they make it very clear that the United States should
press hard for an end to religious persecution abroad. This is
important because the Clinton administration and some business people
who had opposed the Freedom From Religious Persecution Act have
suggested that by publicly demanding an end to the mistreatment of
these people, we are more likely to hurt them than help them.
Personally, I believe it may be true occasionally in the short run
that a totalitarian dictatorship used to being coddled by the United
States Government will react with anger when we suddenly insist that
they behave in a responsible and civilized fashion. This is true
whether the issue is religious persecution, nuclear proliferation, or
anything else.
In the long run, however, as we learned from the apartheid fight,
these governments will act in their own self-interest. If we send them
a strong and consistent message that economic and other benefits of a
close relationship with the U.S. can be expected to flow to a
government if and only if that government treats its own people
decently, we are likely to save lives and promote human rights and
freedom in the long run.

{time} 1530

Whatever we do to other governments that persecute religious
believers, it is also important that the U.S. put its own house in
order. One way we can do this is to monitor and improve our treatment
of refugees, with special reference to religious refugees.
Unfortunately, in recent years, the U.S. commitment to refugees, both
in the amount we spend on protection overseas and the number of
refugees we admit into the U.S., has declined sharply.
In the last 4 years, our State Department has asked for and gotten a
raise for itself every single year. Yet, the only major account in the
Department that has not asked for an increase is the refugee budget.
The administration's fiscal year 1999 budget request for refugees was
$63 million lower than the amount we spent in fiscal year 1995. And
this is when the world is absolutely awash in refugees.
The number of refugees admitted to the U.S. has gone down in this
administration from 130,000 to 75,000 in only 4 years. These declining
resettlement rates encourage first-asylum countries to forcibly
repatriate refugees to countries where they face serious danger.
For example, in recent years we have seen Tibetan Buddhists forced
back from Nepal into the hands of the Chinese Communists, and Iranian
Christians and Bahais forced back to Iran from Turkey. We need to
reverse that trend and restore the American tradition of a safe haven
for the oppressed. In the words of President Ronald Reagan, the United
States can and must be ``a shining city on a hill.''
Finally, I want to address those critics who suggest that by paying
special attention to religious persecution, we somehow diminish the
importance of those who have suffered persecution for other reasons.
Nothing could be further from the truth, and it is no accident that
those in Congress who have been the strongest in their support of
persecuted believers also have stood up for all the other human rights
issues as we have tried to deal with them in this body.
Again, I want to just ask all of my colleagues to support this
legislation. It is a compromise; it does not go nearly as far as I
would like to see it, as far as the House passed it, but it is
certainly a step in the right direction.
Mr. Speaker, the gentleman from Virginia (Mr. Wolf), has spent 18
years fighting against religious persecution and deserves the lion's
share of credit. He is the one who made this a reality today, and I
want to thank him for his great work.
Mr. CLEMENT. Mr. Speaker, I yield 4 minutes to the gentleman from
Illinois (Mr. Blagojevich) whose brother, Rob, has lived in the
Nashville, Tennessee, area for a number of years.
Mr. BLAGOJEVICH. Mr. Speaker, I would like to thank the gentleman
from Tennessee and tell him that I have some good news and some bad
news for him. My brother that he refers to, the bad news first, happens
to be a Republican. The good news is he has since moved to Florida, and
he is no longer in the gentleman's congressional district.
Mr. Speaker, before I speak about this issue, let me commend the
gentleman from Virginia (Mr. Wolf) who, I think, is truly a champion of
human rights. That is certainly one of the legacies he will take with
him when his career here in Congress is over.
I would also like to thank the gentleman from Tennessee (Mr. Clement)
for allowing me the time and for his efforts on this particular bill.
This is a very important bill, and it really is about all of the things
that America is about.
Our country, Mr. Speaker, was founded on the concepts of religious
freedom and settled by people who were seeking a land where they could
worship free from persecution. The Freedom From Religious Persecution
Act was written in that spirit.
Mr. Speaker, when we speak of the need to promote democracy in our
world, religious freedom should not be considered ancillary to this
goal. In fact, freedom of conscience is a cornerstone of all democratic
rights.
In our country, the concept of freedom of speech and freedom of
association grew out of the efforts of the first European immigrants
who came to this land to worship, to preach, and to form churches of
their choice. One of the founding documents of our democracy is the
Mayflower Compact, an agreement resting on the idea of the mutual
consent of the governed, and written by people who voyaged halfway
around the globe to find a place where they could worship according to
their conscience.
Today, our freedoms serve as an inspiration for others around the
world. That is why so many people seek to come to these shores, to live
their lives in a manner they see fit, to raise their families with
their values and their beliefs, and to search for truth and inspiration
as they define it. The Freedom From Religious Persecution Act is our
answer to those people who look to the United States as a beacon of
religious liberty.
One of these is the Assyrian people. Our esteemed colleague, the
gentlewoman from California (Ms. Eshoo) is of Assyrian descent.
In recent years the Assyrians have been subject to gross violations
of their rights. Murder, rape, assault, and forced conversions to Islam
have become commonplace, as armed death squads attempt to force
Assyrians out of their ancestral home.
In Iraq, Assyrians suffer at the hands of both the government of
Saddam Hussein and the Kurdish rebels who battle for northern control
of that country. According to Amnesty International, the two main
Kurdish factions in Iraq support assassination squads who hunt
Assyrians and other minorities.
But much of the assault on the Assyrian culture is less overt. Last
week, for example, in northern Iraq, Assyrian students were told that
they could only attend Kurdish secondary schools. This oppressive move
forces Assyrians to sacrifice their language, their culture, and their
identity.
Just last week, the Members of this House voted to support opposition
to Saddam Hussein's regime. But our support for an alternative to
Hussein's dictatorship is hollow if we do not insist that the
alternative also uphold democratic values and respect the rights of all
people.
The Freedom From Religious Persecution Act will provide the United
States Government with a powerful tool to ensure respect for religious
diversity and freedom of conscience.
We often view America's role as a global leader in terms of economic
wealth or military might. But as Henry Kissinger said, ``Our Nation
cannot rest its policy on power alone.'' America's leadership comes
from our commitment to powerful ideals. I urge my

[[Page H10445]]

colleagues to support the Freedom From Religious Persecution Act and to
further those ideals.
Mr. GILMAN. Mr. Speaker, I am pleased to yield 1 minute to the
gentleman from Illinois (Mr. Manzullo), a member of our Committee on
International Relations.
Mr. MANZULLO. Mr. Speaker, we are finally taking a much-needed step
to advance the cause of religious freedom and liberty around the world.
I am proud to support this legislation here before us today.
Initially, I had several reservations about the original version of
this bill, but supported passage last May in order to help move along
the process. I am glad to see that the other body has voted it out of
theirs, 98-to-zero.
This legislation is very well crafted. It focuses on all aspects of
religious persecution, not just threats to life and limb. The bill
gives the executive branch a great deal of flexibility on how to
implement this congressional mandate. What is appropriate for one
situation may not apply in another context. Yet, for more severe
violations of religious freedom, the President has a list from which to
choose of the economic sanction options.
Most importantly, the legislation brings daylight to a problem that
has long been ignored by our government officials. Thanks to the
tenacity of my good friend from Virginia (Mr. Wolf), we are finally
seeing religious freedom issues taking their rightful place in the
fight for human rights around the world.
Mr. CLEMENT. Mr. Speaker, I yield 3 minutes to the gentlewoman from
California (Ms. Pelosi).
Ms. PELOSI. Mr. Speaker, I thank the gentleman for yielding me this
time and for his leadership on this important issue, not only on this
bill, but the ongoing work of his office to protect people of faith
throughout the world.
I want to commend the original author of this legislation, the
gentleman from Virginia (Mr. Wolf), for his outstanding leadership on
religious freedom, and indeed, human rights throughout the world. I
would say to the gentleman, I think it is clear to all of us that he is
the conscience of this Congress, and in the case of religious freedom
he has fought against persecution throughout the world and seen it
firsthand, whether it is nuns and monks, Buddhist nuns and monks in
Tibet, the oppression of Christians in the Sudan, antisemitism
throughout the world, other persecution that he has fought against.
I want to commend the chairman of the committee, the gentleman from
New York (Mr. Gilman), for his leadership in bringing the original
legislation, which I frankly prefer, but it clearly did not share the
support that this final product has; and I thank the gentleman from New
Jersey (Mr. Smith) once again for his outstanding leadership on human
rights.
The gentleman said in his statement the examples that he had seen
come before his committee of religious oppression, and he too has
traveled throughout the world to hear firsthand of those deprived of
practicing the gift of faith that God has given them.
I want to also commend Senator Specter in the Senate who, along with
the gentleman from Virginia (Mr. Wolf), started this process going. It
was the leadership of the gentleman from Virginia (Mr. Wolf) and
Senator Arlen Specter of Pennsylvania that first shone the bright light
of this Congress and of this country on religious persecution
throughout the world.
Though it is not the original bill that we are passing today, I thank
the gentleman from Virginia (Mr. Wolf) for starting the process and at
least giving us a bill that we can use as a standard to see, perhaps,
if we can go further in the future, if that is necessary. Hopefully, it
will not be, that this bill will be sufficient.
Others have talked about the provisions of the bill. I just want to
mention a couple that I am particularly pleased are contained in it.
The bill establishes a bipartisan independent commission to review the
state of religious freedom and make policy recommendations to the
President.
It establishes an ambassador for international religious freedom
under the direction of the Secretary of State, and the ambassador will
help the Secretary review and report on the state of religious freedom
and to make recommendations to the President regarding U.S. action in
support of religious freedom.
It strengthens our assistance, refugee and counselor laws and calls
for a business code of conduct to promote religious freedom.
The bill requires the President to determine violators, and
particularly severe violators, of religious freedom.
As was mentioned, the bill passed by 98-to-zero. I assume it has the
support of the administration. It certainly gives the President a great
deal of flexibility.
Mr. Speaker, as my colleagues know, faith is a gift. What people
believe is so much a part of them, it is impossible for them to change
that. How, and then why, does it require courage for people to practice
their religion? It should not have to be that way. And in this
enlightened world that we live in, because of the leadership of the
likes of the gentleman from Virginia (Mr. Wolf) and Senator Specter and
so many others who worked on this, life will be easier for those who
want to practice the gift of faith that God has given them.
Mr. GILMAN. Mr. Speaker, I yield 1 minute to the gentleman from
Pennsylvania (Mr. Fox).
Mr. FOX of Pennsylvania. Mr. Speaker, I thank the Chairman for
yielding me this time.
I also rise to congratulate the gentleman from Virginia (Mr. Wolf),
the gentleman from New York (Mr. Gilman), and Senator Specter for all
of their leadership in moving this important bill forward, the
International Freedom Act. It will, for the first time, establish in
the United States, Mr. Speaker, a structure for the U.S. Government to
actively investigate oppression of religious belief and take real
action against all religious persecution.
It will strengthen, for the first time, the State Department Country
Reports and ensure that each country desk at the State Department
provide accurate, accessible information to congressional executive
branch officials concerning religious prisoners. It will create a
special report on religious persecution so that the Congress and the
President together may act.
Finally, it will require the President to take action against all
countries that engage in violations of religious freedom, and this bill
offers a list of options ranging from diplomatic protest to terminating
diplomatic exchanges and a variety of economic sanctions.
It is certainly a bill whose time has arrived in our effort to take
sanctions against the tragic scourge of religious persecution
worldwide, and I thank again the gentleman from Virginia (Mr. Wolf) and
the gentleman from New York (Mr. Gilman) for all of their leadership in
this regard. I ask unanimously we have votes on both sides of the aisle
to support this worthy bill.
Mr. CLEMENT. Mr. Speaker, I reserve the balance of my time.
Mr. GILMAN. Mr. Speaker, I yield 2 minutes to the gentleman from
Florida (Mr. Scarborough).
Mr. SCARBOROUGH. Mr. Speaker, I want to thank the chairman, the
gentleman from New York (Mr. Gilman) and the gentleman from Virginia
(Mr. Wolf), the gentleman from New Jersey (Mr. Smith) and the
gentlewoman from California (Ms. Pelosi) and others for their work on
this important bill.
I commend Abe Rosenthal of the New York Times who, for well over a
year has been fighting to get the word out about religious persecution
across the globe. And Michael Horowitz at the Hudson Institute who has
also done just a wonderful job in making sure that Members like myself
are educated on this very important issue.
This religious persecution act is an important first step toward
protecting the freedom of all to worship as they choose. For too long,
America has turned its eyes away from those who are suffering religious
persecution across the globe. And for too long, America has kept silent
when we should have said more.
We should have said more about Tibet where so many have been crushed
under the oppressive hand of Chinese occupation. Where over 1 million
citizens have been driven from their land, while their culture and
monasteries have been destroyed.

[[Page H10446]]

In Sudan, over 2 million Christians may have been killed for simply
pursuing the worship of God.

{time} 1545

Sudanese children have been beaten, tortured and even crucified for
being Christians. And as the Baltimore Sun reported last year, children
in Sudan are being sold into slavery for less than $50. Russell Kirk
once said, regardless of a country's steel output, a society that
forgets its values is vanquished.
I believe today's action is a positive first step towards our country
recognizing that America has a responsibility to ensure religious
freedom at home and across the globe.
I thank the gentleman from New York (Chairman Gilman) the gentleman
from Virginia (Mr. Wolf), Abe Rosenthal, Michael Horowitz, and all
those who have fought so long for religious freedom.
Mr. CLEMENT. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I have someone who has been on the international affairs
staff for 5 years, Elana Broitman, and she is leaving to go to New York
City with her husband. She has worked with us on this issue, the
International Religious Freedom Act, and many other issues and she has
been an outstanding member of the staff. We are going to miss her very,
very much. And I just wish her well in her new endeavors.
Mr. Speaker, I yield back the balance of my time.
Mr. GILMAN. Mr. Speaker, I want to join the gentleman from Tennessee
(Mr. Clement) in wishing our staff member, Elana Broitman, success in
her future endeavors. We will miss her on our committee.
Mr. Speaker, I yield the balance of my time to the gentleman from
Virginia (Mr. Wolf), author of this legislation and an outstanding
leader.
(Mr. WOLF asked and was given permission to revise and extend his
remarks.)
Mr. WOLF. Mr. Speaker, in my prepared statement, I mention all of the
people, many who are on the floor who have really done an outstanding
job, and many names are there. I do want to cover some, and I hope if I
run out of time, the gentleman may even yield me a minute or two:
The gentleman from New York (Mr. Gilman) for being faithful and
always there, always dependable, always willing, never saying no, and
for his staff that worked and complied and tried and pushed and pulled.
To the gentleman from New Jersey (Mr. Smith), who was the same way,
and his staff that were always there, always willing, setting the
record, making the hearing.
To the gentleman from Texas (Mr. Armey), the majority leader, who
came to our gathering and put the prestige of the leadership on this to
make sure that this would not fall through the cracks as we get to the
end.
To the gentlewoman from California (Ms. Pelosi), who was always there
on all of these issues. There was no center aisle dividing line. And
Carolyn and her staff are always dependable, never saying, ``Well, we
may not'' and ``that may be,'' and ``the administration says''; always,
always, always there.
Senator Nickles, Senator Specter, Senator Coats, my good, close
friend Dan Coats, whom I hate to see leaving the Congress, former
Senator Bill Armstrong and so many of the other groups. Michael
Horowitz who is out of town with his daughter being married. The
gentleman from Tennessee (Mr. Clement), Laura, John Hanford and many
others who all came together and worked on this.
Mr. Speaker, this really is an example of people sending a message.
As Abe Rosenthal said in his column last Friday, and I will read it;
and Abe Rosenthal, as the gentleman from Florida (Mr. Scarborough)
said, was always there. I do not know how he got the ink from the New
York Times, but always shaking things up to make sure that this would
not be forgotten.

He said, Very soon, millions of people persecuted, arrested
and tortured for their religion will find out whether America
has finally confronted persecuting governments with a
permanent government searchlight and the threat of penalty. .
. .Mouth to ear they will find out in underground Protestant
and Catholic churches in China and in prisons run by expert
torturers for those refusing to pray in government-run
churches. The persecuted will find out in Sudan wilds and
deserts where Christians and animist refugees starve and die
under attack. They will find out in Pakistani villages where
Christian homes have been set afire. Or the village south of
Cairo where Coptic Christian clergy are sending frantic word
that 1,000 Copts were tortured by Egyptian police.

When we do this tonight, I will tell my colleagues that in Tibet, and
when I was there last year they told me they listen to Radio Free Asia
in Tibet. In Lhasa tomorrow morning, they will know that this Congress,
the people's Congress, the people's body, cares about what happens in
Drapchi Prison, cares about the Catholic priests who are being
persecuted. The Catholic bishops, the Muslims who no one speaks out for
in the northern part of the country, the Protestant house churches, all
of those people will know.
Mr. Speaker, this is a good legislation. I think both sides have
taken a lot of good steps. Obviously, perhaps better people, wiser than
we, can make it better. If they are, I guess fine. But until that time,
I think this is good. I hope it will pass with unanimous consent.
But again, on behalf of the voiceless, we have given them a voice,
all of those I named and all who are in here on their behalf.
Mr. Speaker, I rise in strong support of the measure before us, to
concur in the Senate amendment to H.R. 2431, the Freedom from Religious
Persecution Act. What is before us is not the measure the House passed.
It is different. However, I believe it is critical that the Congress
pass legislation this year to deal with the issue of religious
persecution and I strongly support this measure. I hope you will, too.
In his column last Friday in the New York Times, A.M. Rosenthal
wrote,

Very soon, millions of people persecuted, arrested and
tortured for their religion will find out whether America has
finally confronted persecuting governments with a permanent
government searchlight and the threat of penalty. . . . Mouth
to ear they will find out in underground Protestant and
Catholic churches in China and in prisons run by expert
torturers for those refusing to pray in government-run
churches. The persecuted will find out in the Sudan wilds and
deserts where Christian and animist refugees starve and die
under government attack. They will find out in Pakistani
villages where Christian homes have been set afire. Or in the
village south of Cairo where Coptic Christian clergy are
sending frantic word that 1,000 Copts were tortured by
Egyptian police.

Rosenthal's words should be taken to heart. I would add my own
comments. In Tibet, Tibetan Buddhist monks and nuns who are, at this
moment, being tortured and beaten in Drapchi prison and the other
Chinese-run prisons in Tibet will find out what we do today. In Iran,
the families of the two Baha'i men sentenced to death last week and the
36 Baha'i faculty members arrested will know what we do today. In
Pakistan, Ahmadi Muslims fearful of their lives will know what we do.
And in China, the Muslims being persecuted in Xinjiang Province will
hear the result of the vote in the House today.
Mr. Speaker, the other body passed this bill, now called the
International Religious Freedom Act, by a unanimous vote of 98-0. I'm
told the White House supports this measure. It also has the support of
a broad coalition of religious and civic groups, including the
Christian Coalition, the National Association of Evangelicals, the U.S.
Catholic Bishops' Conference, the National Jewish Coalition, the Anti-
Defamation League, the Christian Legal Society, the Traditional Values
Coalition, the Episcopal Church, B'nai B'rith, Justice Fellowship, the
American Jewish Committee, the Evangelical Lutheran Church of America,
the Union of Orthodox Jewish Congregations of America, the United
Methodist Church--Women's Division, and the American Coptic
Association.
Passing this historic legislation will send a message of hope to
millions of suffering people worldwide who are being persecuted for
their religious beliefs. Passing this bill will help ensure that
eliminating religious persecution becomes a prominent goal of our
foreign policy and will help loosen the chains of government oppression
endured by many today.
This bill meets the goals Senator Specter and I set out to achieve
when we introduced the Freedom from Religious Persecution Act in May,
1997. First, we wanted to ensure that the State Department has a
permanent mechanism for monitoring this issue and spotlighting it in
U.S. foreign policy. Second, we wanted to establish a framework for
taking action against countries that persecute people for their faith.
Both of these goals are met in this legislation and I pleased that I
can strongly support it today.
The International Religious Freedom Act contains a number of
important provisions:
It establishes a 9-member Commission on International Religious
Liberty to report annually on religious freedom violations abroad and
recommend policy options to the administration. This provision, in my
view, greatly enhances the legislation because it helps ensure

[[Page H10447]]

that this issue will get attention by an independent body of experts
and puts pressure on the State Department and the White House to be
accountable.
It creates an Ambassador-at-Large for Religious Liberty in the State
Department to serve as a point person on religious freedom issues. This
person would represent the U.S. abroad and help provide expertise and
leadership within the Department on this fundamental human rights
issue.
It provides the President with a list of options from which to choose
when imposing sanctions on a country found to be violating religious
freedom.
Like the House bill, it contains a number of provisions designed to
promote religious freedom abroad, such as incentives for foreign
service officers who show meritorious service in promoting religious
freedom, requiring the creation of a State Department Internet site to
promote religious freedom, recommending high-level contacts with
religious non-governmental organizations, requiring the State
Department to prepare prisoner lists and issue briefs on religious
freedom and others.
It also includes a provision allowing equal access to U.S. missions
abroad for conducting religious activities in places where religious
activity is otherwise prohibited. This will help American citizens
abroad who desire to worship, but cannot worship safely in local
churches and would otherwise have nowhere to go. In places like Saudi
Arabia, this is a real problem.
The International Religious Freedom Act is a good bill and I urge my
colleagues to support it.
Many, many people have worked hard to get this bill where it is
today. First, I want to thank my colleagues here in the House,
particularly the distinguished Majority Leader Dick Armey,
International Relations Committee Chairman Ben Gilman and Chris Smith,
Tony Hall, Nancy Pelosi, and Bob Clement for their tireless leadership
on and support for this bill and many other human rights issues. I also
want to thank members of their staff, Heidi Stirrup and Brian Gunderson
in the Office of the Majority Leader; Steve Rademaker and Rich Garon
with the House International Relations Committee; Joseph Rees of the
Subcommittee on International Operations and Human Rights; Bob Zachritz
with Representative Hall; and Carolyn Bartholomew with Representative
Pelosi and Laura Bryant with Representative Clement for their efforts.
I also want to thank Anne Huiskes on my staff for pouring her heat and
soul into this bill in the past two years and acknowledge the good work
of John Hanford who over the years has committed his life to working on
these issues and advocating on behalf of people being persecuted around
the world.
Mr. Speaker, there are a number of Members of the other body who are
to be commended for their leadership in moving this legislation through
the Senate. First and foremost, I want to commend and applaud the
leadership of Senator Arlen Specter for being out front on this issue
and introducing the Senate version of the Freedom from Religious
Persecution Act. I also want to commend the distinguished Senate
Majority Leader Trent Lott for his commitment to passing religious
persecution legislation and Senator Don Nickles and Senator Joe
Lieberman, the authors of the International Religious Freedom Act, for
their work and leadership. I applaud them for sticking with this issue
when many would have given up. I am also extremely grateful for the
faithful efforts of Senator Dan Coats who kept his shoulder to the
wheel in shepherding this legislation through the U.S. Senate. This
bill is a tribute to him.

I also want to acknowledge the important work of the staff involved
with this measure in the Senate: Gretchen Birkle with Senator Specter,
Elayne Petty with Senator Mack, Sharon Payt with Senator Brownback,
Steve Moffit with Senator Nickles, Jim Jatras with the Senate
Republican Policy Committee, Pam Sellars and Sharon Soderstrom with
Senator Coats, Fred Downey with Senator Lieberman, and Bill Gribbin in
the Office of the Senate Majority Leader.
Finally, I want to thank all those groups who helped generate support
for this legislation and who work tirelessly each and every day to
bring attention to this issue. My sincere thanks goes out to Michael
Horowitz with the Hudson Institute; Chuck Colson and Mariam Bell with
Justice Fellowship; Gary Bauer of the Family Research Council; Dr.
James Dobson with Focus on the Family; Senator Bill Armstrong; John
Carr with the U.S. Catholic Bishops Conference; Ari Storch with the
National Jewish Coalition; Steve McFarland with the Christian Legal
Society; Jess Hordes [HOR-DES] and Stacy Burdett with the Anti-
Defamation League; Rabbi David Saperstein with the Religious Action
Center for Reformed Judaism; Nina Shea, Paul Marshall and Joseph Assad
with the Center for Religious Freedom at Freedom House; Diane Knippers
and Faith McDonnell with the Institute for Religion and Democracy; Mary
Beth Markey with the International Campaign for Tibet; Steve Snyder
with International Christian Concern; Rich Cizik with the National
Association of Evangelicals; Don Hodel, Randy Tate and Jeff Taylor with
the Christian Coalition; Dr. Richard Land and Will Dodson with the
Southern Baptist Ethics and Religious Liberty Commission; Rev. Stan
DeBoe with the International Fellowship of Christians and Jews; Nagi
Kheir with the American Coptic Association; Neal Hogan with the
Catholic Alliance; Father Keith Roderick with the Coalition for Human
Rights Under Islamization and Dr. David Adams with the Lutheran Church,
Missouri Synod. There were many, many others involved. I know I left
some out, but I applaud all that has been done on behalf of this
measure and this issue.
Today is truly a historic day in the Congress. I urge my colleagues
to vote yes on the International Religious Freedom Act. It will help
millions of people around the world.
Mr. HAMILTON. Mr. Speaker, I would like to fully endorse the
statements made in support of H.R. 2431, the Freedom from Religious
Persecution Act, by the distinguished gentleman from Tennessee, Mr.
Clement.
Mr. Speaker, I am glad that we were able to work through the process
to reach a compromise on the legislation before us today. It is a fully
bi-partisan bill. It does not target one group or one country. Rather,
it seeks to promote and protect religious freedom of all peoples
throughout the world. This is an objective that deserves all of our
support.
Mr. CRANE. Mr. Speaker, I rise to support the Senate amendments to
the International Religious Freedom Act, H.R. 2431.
I abhor the persecution of anyone because of their faith, whether
they are Buddhists, Muslims, Jews, fellow Christians, or people of
other faiths. Unfortunately, I was forced to oppose this bill when the
House last considered it because I did not believe that it would
achieve the desired result of curbing religious oppression by
governments around the world. Indeed, my concern was that the proposed
sanctions in the bill would do nothing to influence countries who do
not share our ideas of religious liberty and only put at risk the jobs
of innocent American workers.
While the goal of the bill in seeking to use the influence of the
United States to prevent or halt international religious persecution is
commendable, the mechanisms of the House bill did not allow for enough
flexibility for a U.S. response tailored to confront a particular
foreign government engaged in religious persecution. Instead, a ``one
size fits all'' approach including trade sanctions, denial of foreign
aid and multinational assistance was mandated, leaving the President
very narrow authority to craft appropriate responses.
Instead, I urged my colleagues to modify the bill to allow the
executive branch more flexibility to change the behavior of governments
in order to stop religious persecution. I feared that, in certain
instances, some of the proposed sanctions would only anger foreign
governments and could have the perverse effect of inciting more
religious persecution instead of less.
I am grateful that my concerns and suggestions for improvements to
this bill have been heeded and adopted by our colleagues in the other
body. The Senate amendments give the Administration the flexibility it
needs to appropriately respond to incidents of religious persecution.
Furthermore, the sanctity of contracts is protected by the bill which
will prevent incidents where, for example, American farmers are
prevented from fulfilling binding agreements with targeted countries.
In today's global economy, where there are a variety of sources for
products and commodities, sanctions that do not allow existing
contracts to be honored only injure American producers.
It is my hope that this bill, as it is now drafted, will allow the
United States to respond appropriately to international religious
persecution. I certainly believe that we have an obligation to promote
our values of religious freedom and democracy. However, our foreign
policy must be crafted to achieve these goals, not to be a visceral and
importent reaction to reprehensible persecution.
I urge my colleagues to join me in supporting the Senate changes to
H.R. 2431.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. Gilman) the House suspend the rules and
concur in the Senate amendments to the bill, H.R. 2431.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate amendments were
concurred in.
A motion to reconsider was laid on the table.

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