[House Report 105-534]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-534
_______________________________________________________________________


 
    PROVIDING FOR THE CONSIDERATION OF H.R. 2431, THE FREEDOM FROM 
                       RELIGIOUS PERSECUTION ACT

                                _______
                                

May 13, 1998.--Referred to the House Calendar and ordered to be printed

_______________________________________________________________________


 Mr. Diaz-Balart, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 430]

    The Committee on Rules, having had under consideration 
House Resolution 430, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

               brief summary of provisions of resolution

    The resolution provides for the consideration of H.R. 2431, 
the ``Freedom from Religious Persecution Act'' under a 
structured rule, providing one hour of general debate divided 
equally between the chairman and ranking minority member of the 
Committee on International Relations.
    The rule makes in order as an original bill for the purpose 
of amendment an amendment in the nature of a substitute 
consisting of the text of H.R. 3806, as modified by the 
amendments printed in part 1 of this report and provides that 
the amendment in the nature of a substitute shall be considered 
as read.
    The rule also makes in order only those amendments printed 
in part 2 of this Rules Committee report. The rule provides 
that amendments will be considered only in the order specified 
in this report, may be offered only by the Member designated in 
this report, shall be considered as read, shall be debatable 
for the time specified in the report, equally divided between a 
proponent and an opponent and are not subject to amendment or a 
demand for division of the question. The rule also waives all 
points of order against the amendments printed in this report.
    Finally, the rule provides for one motion to recommit, with 
or without instructions.

     amendments made in order to h.r. 2431, freedom from religious 
                              persecution

Part I--Amendments modifying the amendment in the nature of a 
        substitute

    Bilirakis--Adds a new finding to the bill expressing that 
the U.S. Government should use its influence with the Turkish 
government to ensure the proper protection of the Ecumenical 
Patriarchate and all Orthodox faithful in Turkey.
    Solomon--Removes expedited procedures from section 12 (in 
the Rules Committee jurisdiction), dealing with sanctions 
against Sudan and removes a Budget Act violation from section 
5, dealing with the Office of Religious Persecution Monitoring.

Part II--Amendments made in order under the rule

    Brady--Provides more tools to fight religious persecution, 
such as an Internet site and international broadcasting 
assistance; provides accountability and heightens the year-
round profile of religious persecution through creation of a 5-
member U.S. Commission on International Religious Persecution; 
provides limited contract sanctity for transactions involving 
the Export-Import Bank and the Trade and Development 
Foundation. (10 minutes)
    Hastings (FL)--Permits the Director of the Office of 
Religious Persecution Monitoring, in consultation with the 
Secretary of State, to make policy recommendations to the 
President that would make a priority of promoting and 
developing legal protections and cultural respect for religious 
freedom in the United States development programs, cultural and 
educational exchanges, and international broadcasting programs. 
Requires the Director to assist the Secretary of State in 
establishing a program of incentive awards to members of the 
foreign service who have provided distinguished, meritorious 
service in the promotion of internationally recognized human 
rights, including the right to religious freedom. (10 minutes)
    Campbell No. 1--Permits the President to waive any of the 
sanctions in Section 12 of the bill if he determines that the 
national security interests of the United States justify such a 
waiver. (10 minutes)
    Traficant--Requires an annual study on the impact of the 
bill on our economy, and specifically, American jobs and 
businesses. (10 minutes)

                                 PART 1

    amendments modifying the amendment in the nature of a substitute

  Page 7, after line 3, insert the following:

          (11)(A)(i) In recent years there have been successive 
        terrorist attempts to desecrate and destroy the 
        premises of the Ecumenical Patriarchate in the Fanar 
        area of Istanbul (Constantinople), Turkey.
          (ii) Attempts against the Ecumenical Patriarchate 
        have intensified, including the following:
                  (I) On September 30, 1996, a hand grenade was 
                thrown into the headquarters of the Eastern 
                Orthodox Patriarchate and exploded, causing 
                damage to the physical structure of the 
                grounds, most notably the Agios Georgios 
                Church.
                  (II) On May 28, 1994, three powerful bombs 
                were discovered in the living quarters of the 
                Patriarch, and were subsequently defused only 
                minutes before they were set to detonate.
                  (III) In July and August 1993, the Christian 
                Orthodox cemetery in Yenikoy, near Istanbul, 
                was attacked by vandals and desecrated.
          (iii) His All Holiness Patriarch Bartholomew and 
        those associated with the Ecumenical Patriarchate are 
        Turkish citizens and thus must be protected under 
        Turkish law against blatant and unprovoked attacks 
        toward ethnic minorities.
          (iv) The Turkish Government arbitrarily closed the 
        Halki Patriarchal School of Theology in 1971.
          (v) The Ecumenical Patriarchate is the spiritual 
        center for more than 250,000,000 Orthodox Christians 
        worldwide, including approximately 5,000,000 in the 
        United States.
          (vi) It is in the best interest of the United States 
        to prevent further incidents regarding the Ecumenical 
        Patriarchate and in the overall goals of the United 
        States to establish peaceful relations with and among 
        the many important nations of the world that have 
        substantial Orthodox Christian populations.
          (B) It is the sense of the Congress that--
                  (i) the United States should use its 
                influence with the Turkish Government and as a 
                permanent member of the United Nations Security 
                Council to suggest that the Turkish 
                Government--
                          (I) ensure proper protection for the 
                        Patriarchate and all of the Orthodox 
                        faithful residing in Turkey;
                          (II) provide for the proper 
                        protection and safety of the Ecumenical 
                        Patriarch and Patriarchate personnel;
                          (III) establish conditions that would 
                        prevent the reccurence of past 
                        terrorist activities and vandalism and 
                        other personal threats against the 
                        Patriarch;
                          (IV) establish conditions to ensure 
                        that the Patriarchate is free to carry 
                        out its religious mission; and
                          (V) do everything possible to find 
                        and punish the perpetrators of any 
                        provocative and terrorist acts against 
                        the Patriarchate; and
                  (ii) the Secretary of State should report to 
                the Congress on an annual basis on the status 
                and progress of the concerns expressed in 
                clause (i).
    Page 12, line 26, strike ``the rate of pay'' and insert ``a 
rate of pay not to exceed the rate of pay''.
    Page 50, line 10, strike ``enacted,'' and all that follows 
through line 20 and insert ``enacted.''.

                                 PART 2

                amendments made in order under the rule

 1. An Amendment To Be Offered by Representative Brady of Texas, or a 
                   Designee, Debatable for 10 Minutes

  Page 14, line 9, strike ``and''.
  Page 14, line 10, insert ``, and transmit a copy of the 
report to the Commission on International Religious Persecution 
established under section 14'' before the period.
    Page 24, line 2 insert ``, the Trade and Development 
Agency, or the Export Import Bank of the United States'' after 
``Corporation''.
  Insert the following after section 12 and redesignate the 
succeeding section accordingly:

SEC. 13. PROMOTION OF RELIGIOUS FREEDOM.

  (a) 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 Director 
shall establish and maintain an Internet site containing major 
international documents relating to religious freedom, each 
annual report submitted under section 6, and any other 
documentation or references to other sites as deemed 
appropriate or relevant by the Director.
  (b) Training for Foreign Service Officers.--Chapter 7 of 
title I of the Foreign Service Act of 1980 is amended by adding 
at the end the following new section:

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

  ``The Secretary of State and the Director of the Office of 
Religious Persecution Monitoring established under section 5 of 
the Freedom From Religious Persecution Act of 1998, acting 
jointly, shall establish as part of the standard training for 
officers of the Service, including chiefs of mission, 
instruction in the field of internationally recognized human 
rights. Such instruction shall include--
          ``(1) standards for proficiency in the knowledge of 
        international documents and United States policy in 
        human rights, and shall be mandatory for all members of 
        the Service having reporting responsibilities relating 
        to human rights, and for chiefs of mission; and
          ``(2) instruction on the international right to 
        freedom of religion, the nature, activities, and 
        beliefs of different religions, and the various aspects 
        and manifestations of religious persecution.''.
  (c) High-level Contacts with NGOS.--United States chiefs of 
mission shall seek out and contact religious nongovernmental 
organizations to provide high-level meetings with religious 
nongovernmental organizations where appropriate and beneficial. 
United States chiefs of mission and Foreign Service officers 
abroad shall seek to meet with imprisoned religious leaders 
where appropriate and beneficial.
  (d) Programs and Allocations of Funds by United States 
Missions Abroad.--It is the sense of the Congress that--
          (1) United States diplomatic missions in countries 
        the governments of which engage in or tolerate 
        religious persecution should develop, as part of annual 
        program planning, a strategy to promote the respect of 
        the internationally recognized right to freedom of 
        religion; and
          (2) in allocating or recommending the allocation of 
        funds or the recommendation of candidates for programs 
        and grants funded by the United States Government, 
        United States diplomatic missions should give 
        particular consideration to those programs and 
        candidates deemed to assist in the promotion of the 
        right to religious freedom.
  (e) Equal Access to United States Missions Abroad For 
Conducting Religious Activities.--
          (1) In general.--Subject to this subsection, the 
        Secretary of State shall permit, on terms no less 
        favorable than that accorded other nongovernmental 
        activities, access to the premises of any United States 
        diplomatic mission or consular post by any United 
        States citizen seeking to conduct an activity for 
        religious purposes.
          (2) Timing and location.--The Secretary of State 
        shall make reasonable accommodations with respect to 
        the timing and location of such access in light of--
                  (A) 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);
                  (B) conflicts with official activities and 
                other nonofficial United States citizen 
                requests;
                  (C) the availability of openly conducted, 
                organized religious services outside the 
                premises of the mission or post; and
                  (D) necessary security precautions.
          (3) 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 Act.
  (f) Prisoner Lists and Issue Briefs on Religious Persecution 
Concerns.--
          (1) Sense of congress.--To encourage involvement with 
        religious persecution concerns at every possible 
        opportunity and by all appropriate representatives of 
        the United States Government, it is the sense of the 
        Congress that officials of the executive branch of the 
        United States Government should promote increased 
        advocacy on such issues during meetings between 
        executive branch and congressional leaders and foreign 
        dignitaries.
          (2) Religious persecution prisoner lists and issue 
        briefs.--The Secretary of State, in consultation with 
        United States chiefs of mission abroad, regional 
        experts, the Director, and nongovernmental human rights 
        and religious groups, shall prepare and maintain issue 
        briefs on religious freedom, on a country-by-country 
        basis, consisting of lists of persons believed to be 
        imprisoned for their religious faith, together with 
        brief evaluations and critiques of policies of the 
        respective country restricting religious freedom. The 
        Secretary of State shall exercise appropriate 
        discretion regarding the safety and security concerns 
        of prisoners in considering the inclusion of their 
        names on the lists.
          (3) Availability of information.--The Secretary of 
        State shall provide these religious freedom issue 
        briefs to executive branch and congressional officials 
        and delegations in anticipation of bilateral contacts 
        with foreign leaders, both in the United States and 
        abroad.
  (g) Assistance for Promoting Religious Freedom.--
          (1) Findings.--The Congress makes the following 
        findings:
                  (A) 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.
                  (B) Accordingly, in its foreign assistance 
                already being disbursed, the United States 
                should make a priority of promoting and 
                developing legal protections and cultural 
                respect for religious freedom.
          (2) Allocation of funds for increased promotion of 
        religious freedoms.--Section 116(e) of the Foreign 
        Assistance Act of 1961 is amended by inserting ``and 
        the right to free religious belief and practice'' after 
        ``adherence to civil and political rights''.
  (h) International Broadcasting.--
          (1) Section 302(1) of the United States International 
        Broadcasting Act of 1994 is amended by inserting ``and 
        of conscience (including freedom of religion)'' after 
        ``freedom of opinion and expression''.
          (2) Section 303(a) of the United States International 
        Broadcasting Act of 1994 is amended--
                  (A) by striking ``and'' at the end of 
                paragraph (6);
                  (B) by striking the period at the end of 
                paragraph (7) and inserting ``; and''; and
                  (C) by adding at the end the following:
          ``(8) promote respect for human rights, including 
        freedom of religion.''.
  (i) International Exchanges.--Section 102(b) of the Mutual 
Educational and Cultural Exchange Act of 1961 is amended--
          (1) by striking ``and'' after paragraph (10);
          (2) by striking the period at the end of paragraph 
        (11) and inserting ``; and''; and
          (3) by adding at the end the following:
          ``(12) promoting respect for and guarantees of 
        religious freedom abroad by interchanges and visits 
        between the United States and other nations of 
        religious leaders, scholars, and religious and legal 
        experts in the field of religious freedom.''.
  (j) Foreign Service Awards.--
          (1) Performance pay.--Section 405(d) of the Foreign 
        Service Act of 1980 is amended by inserting after the 
        first sentence the following: ``Such service in the 
        promotion of internationally recognized human rights, 
        including the right to religious freedom, shall serve 
        as a basis for granting awards under this section.''.
          (2) Foreign service awards.--Section 614 of the 
        Foreign Service Act of 1980 is amended by adding at the 
        end the following new sentence: ``Distinguished, 
        meritorious service in the promotion of internationally 
        recognized human rights, including the right to 
        religious freedom, shall serve as a basis for granting 
        awards under this section.''.

SEC. 14. COMMISSION ON INTERNATIONAL RELIGIOUS PERSECUTION.

  (a) Establishment and Composition.--
          (1) Generally.--There is established the United 
        States Commission on International Religious 
        Persecution (hereinafter referred to as the 
        ``Commission'').
          (2) Membership.--
                  (A) Appointment.--The Commission shall be 
                composed of--
                          (i) the Director; and
                          (ii) 4 other members, who shall be 
                        appointed as follows:
                                  (I) 2 Senators, 1 of whom 
                                shall be appointed by the 
                                President pro tempore of the 
                                Senate upon the recommendations 
                                of the Majority Leader, and 1 
                                of whom shall be appointed by 
                                the Minority Leader.
                                  (III) 2 Members of the House 
                                of Representatives, 1 of whom 
                                shall be appointed by the 
                                Speaker of the House of 
                                Representatives upon the 
                                recommendations of the Majority 
                                Leader, and 1 of whom shall be 
                                appointed by the Minority 
                                Leader.
                  (B) Chair.--The Commission shall elect one of 
                its members as chair.
                  (C) Time of appointment.--The appointments 
                required by subparagraph (A) shall be made not 
                later than 120 days after the date of enactment 
                of this Act.
          (3) Terms.--The term of office of each member of the 
        Commission shall be 2 years, except that an individual 
        may not serve more than 2 terms.
          (4) Quorum.--Three members of the Commission 
        constitute a quorum of the Commission.
          (5) Meetings.--Not more than 15 days after the 
        issuance of an annual report under section 6, the 
        Commission shall convene.
          (6) Administrative support.--The Director shall 
        provide to the Commission such staff and administrative 
        services of the Office as may be necessary for the 
        Commission to perform its functions. The Secretary of 
        State shall assist the Director and the Commission by 
        detailing staff resources as needed and as appropriate.
          (7) Compensation.--
                  (A) Travel expenses.--Members of the 
                Commission shall receive no pay for services 
                performed as such a member, but 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.
                  (B) No compensation for government 
                employees.--Any member of the Commission who is 
                an officer or employee of the United States 
                shall receive no additional compensation for 
                services performed as a member of the 
                Commission.
  (b) Duties of the Commission.--
          (1) In general.--The Commission shall have as its 
        primary responsibility the consideration of the facts 
        and circumstances of category 1 or category 2 
        persecution presented in each annual report issued 
        under section 6 and the consideration of United States 
        Government policies to promote religious freedom and 
        prevent religious persecution, and to make appropriate 
        policy recommendations to the President, the Secretary 
        of State, and the Congress.
          (2) Policy review and recommendations in response to 
        violations.--The Commission, in evaluating United 
        States Government policies, shall consider and 
        recommend policy options to further enhance the 
        effectiveness of sanctions related to religious 
        persecution and human rights.
          (3) Policy review and recommendations in response to 
        progress.--The Commission shall make and provide an 
        assessment of--
                  (A) the progress of sanctions imposed under 
                section 7 on a country or responsible entity 
                toward achieving termination of religious 
                persecution, as well as the potential 
                deterrence of religious persecution as a result 
                of this Act in countries on which sanctions 
                have not been imposed under this Act;
                  (B) diplomatic and other steps the United 
                States has taken or should take to further 
                accomplish the intended objectives of the 
                sanctions, including the promotion of 
                multilateral adoption of comparable measures;
                  (C) comparable measures undertaken by other 
                countries;
                  (D) additional policy options to promote the 
                objectives of this Act and an assessment of 
                their potential effectiveness;
                  (E) any obligations of the United States 
                under international treaties or trade 
                agreements with which sanctions imposed under 
                section 7 have conflicted or proposed policy 
                options under paragraph (2) may conflict;
                  (F) any retaliation resulting from sanctions 
                imposed under section 7 and the likelihood that 
                a proposed policy option under paragraph (2) 
                will lead to retaliation against United States 
                interests, including agricultural interests; 
                and
                  (G) the estimated impact from sanctions 
                imposed under section 7 and proposed policy 
                options under paragraph (2) on United States 
                foreign policy, national security, economic, 
                and humanitarian interests, including benefit 
                or harm to United States businesses, 
                agriculture, and consumers, the competitiveness 
                of United States businesses, and the 
                international reputation of the United States 
                as a reliable supplier of products, technology, 
                agricultural commodities, and services.
          (4) Effects on religious communities and 
        individuals.--Together with specific policy 
        recommendations provided under paragraphs (2) and (3), 
        the Commission shall also indicate its evaluation of 
        the potential effects of such policies, if implemented, 
        on the religious communities and individuals whose 
        rights are found to be violated in the country in 
        question.
          (5) Monitoring.--The Commission shall, on an ongoing 
        basis, monitor facts and circumstances of religious 
        persecution, in consultation with independent human 
        rights groups and nongovernmental organizations, 
        including churches and other religious communities, and 
        make such recommendations as may be necessary to the 
        appropriate agencies and officials of the United States 
        Government.
  (c) Report of the Commission.--
          (1) In general.--Not later than March 1 of each year, 
        the Commission shall submit a report to the President 
        and the Congress setting forth its recommendations for 
        changes in United States policy based on its 
        evaluations under subsection (b).
          (2) Classified form of report.--The report may be 
        submitted in classified form, together with a public 
        summary of recommendations.
          (3) Individual or dissenting views.--Each member of 
        the Commission may include the individual or dissenting 
        views of the member.
  (d) Termination.--The Commission shall terminate 8 years 
after the initial appointment of its members.

An Amendment To Be Offered by Representative Hastings of Florida, or a 
                   Designee, Debatable for 10 Minutes

    Page 15, line 4, insert the following after line 4:
    (7) In consultation with the Secretary of State, make 
policy recommendations to the President that would make a 
priority of promoting and developing legal protections and 
cultural respect for religious freedom, including by--
    (A) ensuring that funds made available for development 
assistance are used, among other things, to encourage and 
promote increased adherence to the right to free religious 
belief and practice;
    B) ensuring that United States international broadcasting 
is designed to promote respect for human rights, including 
freedom of religion, among other broadcasting goals; and
    C) ensuring that United States cultural and educational 
exchanges promote, among other goals, respect for and 
guarantees of religious freedom abroad, including through 
interchanges and visits between the United States and other 
countries of religious leaders, scholars, and religious and 
legal experts in the field of religious freedom.
    (8) Assist the Secretary of State in establishing a program 
of granting awards to members of the Foreign Service who have 
provided distinguished, meritorious service in the promotion of 
internationally recognized human rights, including the right to 
religious freedom.

An Amendment To Be Offered by Representative Campbell of California, or 
                  a Designee, Debatable for 10 minutes

    In section (12)(f), in the matter preceding paragraph (1), 
strike ``paragraph (2) or (8) of subsection (b) of''.

 An Amendment To Be Offered by Representative Traficant of Ohio, or a 
                   Designee, Debatable for 10 minutes

    Insert the following after section 12 and redesignate the 
succeeding section accordingly:

SEC. 13. ANNUAL REPORT ON EFFECT ON U.S. ECONOMY.

    By not later than January 31 of each year, the President 
shall transmit to the Congress a report on the effects the 
provisions of this Act have had on the United States economy 
during the preceding calendar year, particularly on jobs in the 
United States and on United States businesses.