[105th Congress Public Law 292]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ292.105]
[[Page 112 STAT. 2787]]
Public Law 105-292
105th Congress
An Act
To express United States foreign policy with respect to, and to
strengthen United States advocacy on behalf of, individuals persecuted
in foreign countries on account of religion; to authorize United States
actions in response to violations of religious freedom in foreign
countries; to establish an Ambassador at Large for International
Religious Freedom within the Department of State, a Commission on
International Religious Freedom, and a Special Adviser on International
Religious Freedom within the National Security Council; and for other
purposes. <<NOTE: Oct. 27, 1998 - [H.R. 2431]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: International
Religious Freedom Act of 1998.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This <<NOTE: 22 USC 6401 note.>> 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.
[[Page 112 STAT. 2788]]
Sec. 406. Effects on existing contracts.
Sec. 407. Presidential waiver.
Sec. 408. Publication in Federal Register.
Sec. 409. Termination of Presidential actions.
Sec. 410. Preclusion of judicial review.
Subtitle II--Strengthening Existing Law
Sec. 421. United States assistance.
Sec. 422. Multilateral assistance.
Sec. 423. Exports of certain items used in particularly severe
violations of religious freedom.
TITLE V--PROMOTION OF RELIGIOUS FREEDOM
Sec. 501. Assistance for promoting religious freedom.
Sec. 502. International broadcasting.
Sec. 503. International exchanges.
Sec. 504. Foreign Service awards.
TITLE VI--REFUGEE, ASYLUM, AND CONSULAR MATTERS
Sec. 601. Use of Annual Report.
Sec. 602. Reform of refugee policy.
Sec. 603. Reform of asylum policy.
Sec. 604. Inadmissibility of foreign government officials who have
engaged in
particularly severe violations of religious freedom.
Sec. 605. Studies on the effect of expedited removal provisions on
asylum claims.
TITLE VII--MISCELLANEOUS PROVISIONS
Sec. 701. Business codes of conduct.
SEC. 2. FINDINGS; POLICY. <<NOTE: 22 USC 6401.>>
(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
[[Page 112 STAT. 2789]]
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
[[Page 112 STAT. 2790]]
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. <<NOTE: 22 USC 6402.>>
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.
[[Page 112 STAT. 2791]]
(9) Human rights reports.--The term ``Human Rights Reports''
means all reports submitted by the Department of State to
Congress under sections 116 and 502B of the Foreign Assistance
Act of 1961.
(10) Office.--The term ``Office'' means the Office on
International Religious Freedom established in section 101(a).
(11) Particularly severe violations of religious
freedom.--The term ``particularly severe violations of religious
freedom'' means systematic, ongoing, egregious violations of
religious freedom, including violations such as--
(A) torture or cruel, inhuman, or degrading
treatment or punishment;
(B) prolonged detention without charges;
(C) causing the disappearance of persons by the
abduction or clandestine detention of those persons; or
(D) other flagrant denial of the right to life,
liberty, or the security of persons.
(12) Special adviser.--The term ``Special Adviser'' means
the Special Adviser to the President on International Religious
Freedom described in section 101(i) of the National Security Act
of 1947, as added by section 301 of this Act.
(13) Violations of religious freedom.--The term
``violations of religious freedom'' means violations of the
internationally recognized right to freedom of religion and
religious belief and practice, as set forth in the international
instruments referred to in section 2(a)(2) and as described in
section 2(a)(3), including violations such as--
(A) arbitrary prohibitions on, restrictions of, or
punishment for--
(i) assembling for peaceful religious
activities such as worship, preaching, and prayer,
including arbitrary registration requirements;
(ii) speaking freely about one's religious
beliefs;
(iii) changing one's religious beliefs and
affiliation;
(iv) possession and distribution of religious
literature, including Bibles; or
(v) raising one's children in the religious
teachings and practices of one's choice; or
(B) any of the following acts if committed on
account of an individual's religious belief or practice:
detention, interrogation, imposition of an onerous
financial penalty, forced labor, forced mass
resettlement, imprisonment, forced religious conversion,
beating, torture, mutilation, rape, enslavement, murder,
and execution.
TITLE I--DEPARTMENT OF STATE ACTIVITIES
SEC. 101. <<NOTE: 22 USC 6411.>> 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).
[[Page 112 STAT. 2792]]
(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 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. <<NOTE: 22 USC 6412.>>
(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
[[Page 112 STAT. 2793]]
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:
[[Page 112 STAT. 2794]]
(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 of 1961.--
(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:
[[Page 112 STAT. 2795]]
``(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. <<NOTE: 22 USC 6413.>> 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. <<NOTE: 22 USC 4028.>> TRAINING FOR FOREIGN SERVICE
OFFICERS.
``The Secretary of State, with the assistance of other relevant
officials, such as the Ambassador at Large for International Religious
Freedom appointed under section 101(b) of the International Religious
Freedom Act of 1998 and the director of the National Foreign Affairs
Training Center, shall establish as part of the standard training
provided after January 1, 1999, for officers of the Service, including
chiefs of mission, instruction in the field of internationally
recognized human rights. Such training shall include--
``(1) instruction on international documents and United
States policy in human rights, which shall be mandatory for all
members of the Service having reporting responsibilities
relating to human rights and for chiefs of mission; and
``(2) instruction on the internationally recognized right to
freedom of religion, the nature, activities, and beliefs of
different religions, and the various aspects and manifestations
of violations of religious freedom.''.
SEC. 105. <<NOTE: 22 USC 6414.>> 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
[[Page 112 STAT. 2796]]
Service officers abroad shall seek to meet with imprisoned religious
leaders where appropriate and beneficial.
SEC. 106. <<NOTE: 22 USC 6415.>> 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 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. <<NOTE: 22 USC 6416.>> 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. <<NOTE: 22 USC 6417.>> PRISONER LISTS AND ISSUE BRIEFS ON
RELIGIOUS
FREEDOM CONCERNS.
(a) Sense of the 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 the
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
[[Page 112 STAT. 2797]]
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. <<NOTE: 22 USC 6431.>> ESTABLISHMENT AND COMPOSITION.
(a) In General.--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) Nine 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) Three members of the Commission shall be
appointed by the President.
(ii) Three members of the Commission shall be
appointed by the President pro tempore of the
Senate, of which two 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 one
of the members shall be appointed upon the
recommendation of the leader in the Senate of the
other political party.
(iii) three members of the Commission shall be
appointed by the Speaker of the House of
Representatives, of which two 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
one 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.
[[Page 112 STAT. 2798]]
(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 the 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. <<NOTE: 22 USC 6432.>> 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,
[[Page 112 STAT. 2799]]
including particularly severe violations of religious freedom, including
diplomatic inquiries, diplomatic protest, official public protest
demarche of protest, condemnation within multilateral fora, delay or
cancellation of cultural or scientific exchanges, delay or cancellation
of working, official, or state visits, reduction of certain assistance
funds, termination of certain assistance funds, imposition of targeted
trade sanctions, imposition of broad trade sanctions, and withdrawal of
the chief of mission.
(c) Policy Review and Recommendations in Response to Progress.--The
Commission, in evaluating the United States Government policies with
respect to countries found to be taking deliberate steps and making
significant improvement in respect for the right of religious freedom,
shall consider and recommend policy options, including private
commendation, diplomatic commendation, official public commendation,
commendation within multilateral fora, an increase in cultural or
scientific exchanges, or both, termination or reduction of existing
Presidential actions, an increase in certain assistance funds, and
invitations for working, official, or state visits.
(d) Effects on Religious Communities and Individuals.--Together with
specific policy recommendations provided under subsections (b) and (c),
the Commission shall also indicate its evaluation of the potential
effects of such policies, if implemented, on the religious communities
and individuals whose rights are found to be violated in the country in
question.
(e) Monitoring.--The Commission shall, on an ongoing basis, monitor
facts and circumstances of violations of religious freedom, in
consultation with independent human rights groups and nongovernmental
organizations, including churches and other religious communities, and
make such recommendations as may be necessary to the appropriate
officials and offices in the United States Government.
(f ) Hearings and Sessions.--The Commission may, for the purpose of
carrying out its duties under this title, hold hearings, sit and act at
times and places in the United States, take testimony, and receive
evidence as the Commission considers advisable to carry out the purposes
of this Act.
SEC. 203. <<NOTE: 22 USC 6433.>> 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. <<NOTE: 22 USC 6434.>> APPLICABILITY OF OTHER LAWS.
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Commission.
[[Page 112 STAT. 2800]]
SEC. 205. <<NOTE: 22 USC 6435.>> 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. <<NOTE: 22 USC 6436.>> 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. <<NOTE: 22 USC 6441.>> 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
[[Page 112 STAT. 2801]]
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
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 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 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
[[Page 112 STAT. 2802]]
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. <<NOTE: 22 USC 6442.>> 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.
[[Page 112 STAT. 2803]]
(2) Determinations of responsible parties.--For the
government of each country designated as a country of particular
concern for religious freedom under paragraph (1)(A), the
President shall seek to determine the agency or instrumentality
thereof and the specific officials thereof that are responsible
for the particularly severe violations of religious freedom
engaged in or tolerated by that government in order to
appropriately target Presidential actions under this section in
response.
(3) Congressional notification.--Whenever the President
designates a country as a country of particular concern for
religious freedom under paragraph (1)(A), the President shall,
as soon as practicable after the designation is made, transmit
to the appropriate congressional committees--
(A) the designation of the country, signed by the
President; and
(B) the identification, if any, of responsible
parties determined under paragraph (2).
(c) Presidential Actions With Respect to Countries of Particular
Concern for Religious Freedom.--
(1) In general.--Subject to paragraphs (2), (3), and (4)
with respect to each country of particular concern for religious
freedom designated under subsection (b)(1)(A), the President
shall, after the requirements of sections 403 and 404 have been
satisfied, but not later than 90 days (or 180 days in case of a
delay under paragraph (3)) after the date of designation of the
country under that subsection, carry out one or more of the
following actions under subparagraph (A) or subparagraph (B):
(A) Presidential actions.--One or more of the
Presidential actions described in paragraphs (9) through
(15) of section 405(a), as determined by the President.
(B) Commensurate actions.--Commensurate action in
substitution to any action described in subparagraph
(A).
(2) Substitution of binding agreements.--
(A) In general.--In lieu of carrying out action
under paragraph (1), the President may conclude a
binding agreement with the respective foreign government
as described in section 405(c). The existence of a
binding agreement under this paragraph with a foreign
government may be considered by the President prior to
making any determination or taking any action under this
title.
(B) Statutory construction.--Nothing in this
paragraph may be construed to authorize the entry of the
United States into an agreement covering matters outside
the scope of violations of religious freedom.
(3) Authority for delay of presidential actions.--If, on or
before the date that the President is required (but for this
paragraph) to take action under paragraph (1), the
President determines and certifies to Congress that a single,
additional period of time not to exceed 90 days is necessary--
(A) for a continuation of negotiations that have
been commenced with the government of that country to
bring about a cessation of the violations by the foreign
country;
[[Page 112 STAT. 2804]]
(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. <<NOTE: 22 USC 6443.>> CONSULTATIONS.
(a) In General.--As soon as practicable after the President decides
to take action under section 401 in response to violations of religious
freedom and the President decides to take action under paragraphs (9)
through (15) of section 405(a) (or commensurate action in substitution
thereto) with respect to that country, or not later than 90 days after
the President designates a country as a country of particular concern
for religious freedom under section 402, as the case may be, the
President shall carry out the consultations required in this section.
(b) Duty To Consult With Foreign Governments Prior To Taking
Presidential Actions.--
(1) In general.--The President shall--
[[Page 112 STAT. 2805]]
(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. <<NOTE: 22 USC 6444.>> 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.
[[Page 112 STAT. 2806]]
(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 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. <<NOTE: 22 USC 6445.>> 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
[[Page 112 STAT. 2807]]
to the specific government, agency, instrumentality, or official
found or determined by the President to be responsible for
violations under section 401 or 402.
(11) The withdrawal, limitation, or suspension of United
States security assistance in accordance with section 502B of
the Foreign Assistance Act of 1961.
(12) Consistent with section 701 of the International
Financial Institutions Act of 1977, directing the United States
executive directors of international financial institutions to
oppose and vote against loans primarily benefiting the specific
foreign government, agency, instrumentality, or official found
or determined by the President to be responsible for violations
under section 401 or 402.
(13) Ordering the heads of the appropriate United States
agencies not to issue any (or a specified number of ) specific
licenses, and not to grant any other specific authority (or a
specified number of authorities), to export any goods or
technology to the specific foreign government, agency,
instrumentality, or official found or determined by the
President to be responsible for violations under section 401 or
402, under--
(A) the Export Administration Act of 1979;
(B) the Arms Export Control Act;
(C) the Atomic Energy Act of 1954; or
(D) any other statute that requires the prior review
and approval of the United States Government as a
condition for the export or reexport of goods or
services.
(14) Prohibiting any United States financial institution
from making loans or providing credits totaling more than
$10,000,000 in any 12-month period to the specific foreign
government, agency, instrumentality, or official found or
determined by the President to be responsible for violations
under section 401 or 402.
(15) Prohibiting the United States Government from
procuring, or entering into any contract for the procurement of,
any goods or services from the foreign government, entities, or
officials found or determined by the President to be responsible
for violations under section 401 or 402.
(b) Commensurate Action.--Except as provided in subsection (d), the
President may substitute any other action authorized by law for any
action described in paragraphs (1) through (15) of subsection (a) if
such action is commensurate in effect to the action substituted and if
the action would further the policy of the United States set forth in
section 2(b) of this Act. The President shall seek to take all
appropriate and feasible actions authorized by law to obtain the
cessation of the violations. If commensurate action is taken, the
President shall report such action, together with an explanation for
taking such action, to the appropriate congressional committees.
(c) Binding Agreements.--The President may negotiate and enter into
a binding agreement with a foreign government that obligates such
government to cease, or take substantial steps to address and phase out,
the act, policy, or practice constituting the violation of religious
freedom. The entry into force of a binding agreement for the cessation
of the violations shall be a primary objective for the President in
responding to a foreign government that has engaged in or tolerated
particularly severe violations of religious freedom.
[[Page 112 STAT. 2808]]
(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. <<NOTE: 22 USC 6446.>> 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. <<NOTE: 22 USC 6447.>> 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. <<NOTE: 22 USC 6448.>> 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
[[Page 112 STAT. 2809]]
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. <<NOTE: 22 USC 6449.>> 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. <<NOTE: 22 USC 6450.>> 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.''.
[[Page 112 STAT. 2810]]
(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. <<NOTE: 22 USC 6461.>> 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.
[[Page 112 STAT. 2811]]
TITLE V--PROMOTION OF RELIGIOUS FREEDOM
SEC. 501. ASSISTANCE FOR PROMOTING RELIGIOUS FREEDOM.
(a) Findings.--Congress <<NOTE: 21 USC 2151n note.>> makes the
following findings:
(1) In many nations where severe violations of religious
freedom occur, there is not sufficient statutory legal
protection for religious minorities or there is not sufficient
cultural and social understanding of international norms of
religious freedom.
(2) Accordingly, in the provision of foreign assistance, the
United States should make a priority of promoting and developing
legal protections and cultural respect for religious freedom.
(b) Allocation of Funds for Increased Promotion of
Religious Freedoms.--Section 116(e) of the Foreign Assistance Act of
1961 (22 U.S.C. 2151n(e)) is amended by inserting ``, including the
right to free religious belief and practice'' after ``adherence to civil
and political rights''.
SEC. 502. INTERNATIONAL BROADCASTING.
Section 303(a) of the United States International Broadcasting Act
of 1994 (22 U.S.C. 6202(a)) is amended--
(1) by striking ``and'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) promote respect for human rights, including freedom of
religion.''.
SEC. 503. INTERNATIONAL EXCHANGES.
Section 102(b) of the Mutual Educational and Cultural Exchange Act
of 1961 (22 U.S.C. 2452(b)) is amended--
(1) by striking ``and'' after paragraph (10);
(2) by striking the period at the end of paragraph (11) and
inserting ``; and''; and
(3) by adding at the end the following:
``(12) promoting respect for and guarantees of religious
freedom abroad by interchanges and visits between the United
States and other nations of religious leaders, scholars, and
religious and legal experts in the field of religious
freedom.''.
SEC. 504. FOREIGN SERVICE AWARDS.
(a) Performance Pay.--Section 405(d) of the Foreign Service Act of
1980 (22 U.S.C. 3965(d)) is amended by inserting after the first
sentence the following: ``Such service in the promotion of
internationally recognized human rights, including the right to freedom
of religion, shall serve as a basis for granting awards under this
section.''.
(b) Foreign Service Awards.--Section 614 of the Foreign Service Act
of 1980 (22 U.S.C. 4013) is amended by adding at the end the following
new sentence: ``Distinguished, meritorious service in the promotion of
internationally recognized human rights, including the right to freedom
of religion, shall serve as a basis for granting awards under this
section.''.
[[Page 112 STAT. 2812]]
TITLE VI--REFUGEE, ASYLUM, AND CONSULAR MATTERS
SEC. 601. <<NOTE: 22 USC 6471.>> 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. <<NOTE: 22 USC 6472.>> 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
[[Page 112 STAT. 2813]]
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 <<NOTE: President.>> 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. <<NOTE: 22 USC 6473.>> 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.
[[Page 112 STAT. 2814]]
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 <<NOTE: 8 USC 1182 note.>> amendment made
by subsection (a) shall apply to aliens seeking to enter the United
States on or after the date of the enactment of this Act.
SEC. 605. <<NOTE: 22 USC 6474.>> STUDIES ON THE EFFECT OF EXPEDITED
REMOVAL PROVISIONS ON ASYLUM CLAIMS.
(a) Studies.--
(1) Commission request for participation by experts on
refugee and asylum issues.--If the Commission so requests, the
Attorney General shall invite experts designated by the
Commission, who are recognized for their expertise and knowledge
of refugee and asylum issues, to conduct a study, in cooperation
with the Comptroller General of the United States, to determine
whether immigration officers described in paragraph (2) are
engaging in any of the conduct described in such paragraph.
(2) Duties of comptroller general.--The Comptroller General
of the United States shall conduct a study alone or, upon
request by the Commission, in cooperation with experts
designated by the Commission, to determine whether immigration
officers performing duties under section 235(b) of the
Immigration and Nationality Act (8 U.S.C. 1225(b)) with respect
to aliens who may be eligible to be granted asylum are engaging
in any of the following conduct:
(A) Improperly encouraging such aliens to withdraw
their applications for admission.
(B) Incorrectly failing to refer such aliens for an
interview by an asylum officer for a determination of
whether they have a credible fear of persecution (within
the meaning of section 235(b)(1)(B)(v) of such Act).
(C) Incorrectly removing such aliens to a country
where they may be persecuted.
(D) Detaining such aliens improperly or in
inappropriate conditions.
(b) Reports.--
(1) Participation by experts.--In the case of a Commission
request under subsection (a), the experts designated by the
Commission under that subsection may submit a report to the
committees described in paragraph (2). Such report may be
submitted with the Comptroller General's report under subsection
(a)(2) or independently.
[[Page 112 STAT. 2815]]
(2) Duties of comptroller general.--
Not <<NOTE: Reports.>> 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. <<NOTE: 22 USC 6481.>> 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 the Congress.--It is the sense of the 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.
Approved October 27, 1998.
LEGISLATIVE HISTORY--H.R. 2431:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 105-480, Pt. 1 (Comm. on International Relations),
Pt. 2 (Comm. on Ways and Means), and Pt. 3 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 144 (1998):
May 14, considered and passed House.
Oct. 8, 9, considered and passed Senate, amended.
Oct. 10, House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998):
Oct. 27, Presidential statement.
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