H.R.2431
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and
ninety-eight
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.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `International Religious
Freedom Act of 1998'.
(b) TABLE OF CONTENTS- The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings; policy.
Sec. 3. Definitions.
TITLE I--DEPARTMENT OF STATE ACTIVITIES
Sec. 101. Office on International Religious Freedom; Ambassador
at Large for International Religious Freedom.
Sec. 102. Reports.
Sec. 103. Establishment of a religious freedom Internet site.
Sec. 104. Training for Foreign Service officers.
Sec. 105. High-level contacts with nongovernmental organizations.
Sec. 106. Programs and allocations of funds by United States
missions abroad.
Sec. 107. Equal access to United States missions abroad for
conducting religious activities.
Sec. 108. Prisoner lists and issue briefs on religious freedom
concerns.
TITLE II--COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM
Sec. 201. Establishment and composition.
Sec. 202. Duties of the Commission.
Sec. 203. Report of the Commission.
Sec. 204. Applicability of other laws.
Sec. 205. Authorization of appropriations.
Sec. 206. Termination.
TITLE III--NATIONAL SECURITY COUNCIL
Sec. 301. Special Adviser on International Religious Freedom.
TITLE IV--PRESIDENTIAL ACTIONS
Subtitle I--Targeted Responses to Violations of Religious Freedom Abroad
Sec. 401. Presidential actions in response to violations of
religious freedom.
Sec. 402. Presidential actions in response to particularly severe
violations of religious freedom.
Sec. 403. Consultations.
Sec. 404. Report to Congress.
Sec. 405. Description of Presidential actions.
Sec. 406. Effects on existing contracts.
Sec. 407. Presidential waiver.
Sec. 408. Publication in Federal Register.
Sec. 409. Termination of Presidential actions.
Sec. 410. Preclusion of judicial review.
Subtitle II--Strengthening Existing Law
Sec. 421. United States assistance.
Sec. 422. Multilateral assistance.
Sec. 423. Exports of certain items used in particularly severe
violations of religious freedom.
TITLE V--PROMOTION OF RELIGIOUS FREEDOM
Sec. 501. Assistance for promoting religious freedom.
Sec. 502. International broadcasting.
Sec. 503. International exchanges.
Sec. 504. Foreign Service awards.
TITLE VI--REFUGEE, ASYLUM, AND CONSULAR MATTERS
Sec. 601. Use of Annual Report.
Sec. 602. Reform of refugee policy.
Sec. 603. Reform of asylum policy.
Sec. 604. Inadmissibility of foreign government officials who
have engaged in particularly severe violations of religious
freedom.
Sec. 605. Studies on the effect of expedited removal provisions
on asylum claims.
TITLE VII--MISCELLANEOUS PROVISIONS
Sec. 701. Business codes of conduct.
SEC. 2. FINDINGS; POLICY.
(a) FINDINGS- Congress makes the following findings:
(1) The right to freedom of religion undergirds the very origin
and existence of the United States. Many of our Nation's founders
fled religious persecution abroad, cherishing in their hearts and
minds the ideal of religious freedom. They established in law, as
a fundamental right and as a pillar of our Nation, the right to
freedom of religion. From its birth to this day, the United
States has prized this legacy of religious freedom and honored
this heritage by standing for religious freedom and offering
refuge to those suffering religious persecution.
(2) Freedom of religious belief and practice is a universal human
right and fundamental freedom articulated in numerous
international instruments, including the Universal Declaration of
Human Rights, the International Covenant on Civil and Political
Rights, the Helsinki Accords, the Declaration on the Elimination
of All Forms of Intolerance and Discrimination Based on Religion
or Belief, the United Nations Charter, and the European
Convention for the Protection of Human Rights and Fundamental
Freedoms.
(3) Article 18 of the Universal Declaration of Human Rights
recognizes that `Everyone has the right to freedom of thought,
conscience, and religion. This right includes freedom to change
his religion or belief, and freedom, either alone or in community
with others and in public or private, to manifest his religion or
belief in teaching, practice, worship, and observance.'. Article
18(1) of the International Covenant on Civil and Political Rights
recognizes that `Everyone shall have the right to freedom of
thought, conscience, and religion. This right shall include
freedom to have or to adopt a religion or belief of his choice,
and freedom, either individually or in community with others and
in public or private, to manifest his religion or belief in
worship, observance, practice, and teaching'. Governments have
the responsibility to protect the fundamental rights of their
citizens and to pursue justice for all. Religious freedom is a
fundamental right of every individual, regardless of race, sex,
country, creed, or nationality, and should never be arbitrarily
abridged by any government.
(4) The right to freedom of religion is under renewed and, in
some cases, increasing assault in many countries around the
world. More than one-half of the world's population lives under
regimes that severely restrict or prohibit the freedom of their
citizens to study, believe, observe, and freely practice the
religious faith of their choice. Religious believers and
communities suffer both government-sponsored and
government-tolerated violations of their rights to religious
freedom. Among the many forms of such violations are
state-sponsored slander campaigns, confiscations of property,
surveillance by security police, including by special divisions
of `religious police', severe prohibitions against construction
and repair of places of worship, denial of the right to assemble
and relegation of religious communities to illegal status through
arbitrary registration laws, prohibitions against the pursuit of
education or public office, and prohibitions against publishing,
distributing, or possessing religious literature and materials.
(5) Even more abhorrent, religious believers in many countries
face such severe and violent forms of religious persecution as
detention, torture, beatings, forced marriage, rape,
imprisonment, enslavement, mass resettlement, and death merely
for the peaceful belief in, change of or practice of their faith.
In many countries, religious believers are forced to meet
secretly, and religious leaders are targeted by national security
forces and hostile mobs.
(6) Though not confined to a particular region or regime,
religious persecution is often particularly widespread,
systematic, and heinous under totalitarian governments and in
countries with militant, politicized religious majorities.
(7) Congress has recognized and denounced acts of religious
persecution through the adoption of the following resolutions:
(A) House Resolution 515 of the One Hundred Fourth Congress,
expressing the sense of the House of Representatives with
respect to the persecution of Christians worldwide.
(B) Senate Concurrent Resolution 71 of the One Hundred
Fourth Congress, expressing the sense of the Senate
regarding persecution of Christians worldwide.
(C) House Concurrent Resolution 102 of the One Hundred
Fourth Congress, expressing the sense of the House of
Representatives concerning the emancipation of the Iranian
Baha'i community.
(b) POLICY- It shall be the policy of the United States, as follows:
(1) To condemn violations of religious freedom, and to promote,
and to assist other governments in the promotion of, the
fundamental right to freedom of religion.
(2) To seek to channel United States security and development
assistance to governments other than those found to be engaged in
gross violations of the right to freedom of religion, as set
forth in the Foreign Assistance Act of 1961, in the International
Financial Institutions Act of 1977, and in other formulations of
United States human rights policy.
(3) To be vigorous and flexible, reflecting both the unwavering
commitment of the United States to religious freedom and the
desire of the United States for the most effective and principled
response, in light of the range of violations of religious
freedom by a variety of persecuting regimes, and the status of
the relations of the United States with different nations.
(4) To work with foreign governments that affirm and protect
religious freedom, in order to develop multilateral documents and
initiatives to combat violations of religious freedom and promote
the right to religious freedom abroad.
(5) Standing for liberty and standing with the persecuted, to use
and implement appropriate tools in the United States foreign
policy apparatus, including diplomatic, political, commercial,
charitable, educational, and cultural channels, to promote
respect for religious freedom by all governments and peoples.
SEC. 3. DEFINITIONS.
In this Act:
(1) AMBASSADOR AT LARGE- The term `Ambassador at Large' means the
Ambassador at Large for International Religious Freedom appointed
under section 101(b).
(2) ANNUAL REPORT- The term `Annual Report' means the Annual
Report on International Religious Freedom described in section
102(b).
(3) APPROPRIATE CONGRESSIONAL COMMITTEES- The term `appropriate
congressional committees' means--
(A) the Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of
Representatives; and
(B) in the case of any determination made with respect to
the taking of President action under paragraphs (9) through
(15) of section 405(a), the term includes the committees
described in subparagraph (A) and, where appropriate, the
Committee on Banking and Financial Services of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate.
(4) COMMENSURATE ACTION- The term `commensurate action' means
action taken by the President under section 405(b).
(5) COMMISSION- The term `Commission' means the United States
Commission on International Religious Freedom established in
section 201(a).
(6) COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES- The term `Country
Reports on Human Rights Practices' means the annual reports
required to be submitted by the Department of State to Congress
under sections 116(d) and 502B(b) of the Foreign Assistance Act
of 1961.
(7) EXECUTIVE SUMMARY- The term `Executive Summary' means the
Executive Summary to the Annual Report, as described in section
102(b)(1)(F).
(8) GOVERNMENT OR FOREIGN GOVERNMENT- The term `government' or
`foreign government' includes any agency or instrumentality of
the government.
(9) HUMAN RIGHTS REPORTS- The term `Human Rights Reports' means
all reports submitted by the Department of State to Congress
under sections 116 and 502B of the Foreign Assistance Act of
1961.
(10) OFFICE- The term `Office' means the Office on International
Religious Freedom established in section 101(a).
(11) PARTICULARLY SEVERE VIOLATIONS OF RELIGIOUS FREEDOM- The
term `particularly severe violations of religious freedom' means
systematic, ongoing, egregious violations of religious freedom,
including violations such as--
(A) torture or cruel, inhuman, or degrading treatment or
punishment;
(B) prolonged detention without charges;
(C) causing the disappearance of persons by the abduction or
clandestine detention of those persons; or
(D) other flagrant denial of the right to life, liberty, or
the security of persons.
(12) SPECIAL ADVISER- The term `Special Adviser' means the
Special Adviser to the President on International Religious
Freedom described in section 101(i) of the National Security Act
of 1947, as added by section 301 of this Act.
(13) VIOLATIONS OF RELIGIOUS FREEDOM- The term `violations of
religious freedom' means violations of the internationally
recognized right to freedom of religion and religious belief and
practice, as set forth in the international instruments referred
to in section 2(a)(2) and as described in section 2(a)(3),
including violations such as--
(A) arbitrary prohibitions on, restrictions of, or
punishment for--
(i) assembling for peaceful religious activities such
as worship, preaching, and prayer, including arbitrary
registration requirements;
(ii) speaking freely about one's religious beliefs;
(iii) changing one's religious beliefs and affiliation;
(iv) possession and distribution of religious
literature, including Bibles; or
(v) raising one's children in the religious teachings
and practices of one's choice; or
(B) any of the following acts if committed on account of an
individual's religious belief or practice: detention,
interrogation, imposition of an onerous financial penalty,
forced labor, forced mass resettlement, imprisonment, forced
religious conversion, beating, torture, mutilation, rape,
enslavement, murder, and execution.
TITLE I--DEPARTMENT OF STATE ACTIVITIES
SEC. 101. OFFICE ON INTERNATIONAL RELIGIOUS FREEDOM; AMBASSADOR AT
LARGE
FOR INTERNATIONAL RELIGIOUS FREEDOM.
(a) ESTABLISHMENT OF OFFICE- There is established within the
Department of State an Office on International Religious Freedom that
shall be headed by the Ambassador at Large for International Religious
Freedom appointed under subsection (b).
(b) APPOINTMENT- The Ambassador at Large shall be appointed by the
President, by and with the advice and consent of the Senate.
(c) DUTIES- The Ambassador at Large shall have the following
responsibilities:
(1) IN GENERAL- The primary responsibility of the Ambassador at
Large shall be to advance the right to freedom of religion
abroad, to denounce the violation of that right, and to recommend
appropriate responses by the United States Government when this
right is violated.
(2) ADVISORY ROLE- The Ambassador at Large shall be a principal
adviser to the President and the Secretary of State regarding
matters affecting religious freedom abroad and, with advice from
the Commission on International Religious Freedom, shall make
recommendations regarding--
(A) the policies of the United States Government toward
governments that violate freedom of religion or that fail to
ensure the individual's right to religious belief and
practice; and
(B) policies to advance the right to religious freedom
abroad.
(3) DIPLOMATIC REPRESENTATION- Subject to the direction of the
President and the Secretary of State, the Ambassador at Large is
authorized to represent the United States in matters and cases
relevant to religious freedom abroad in--
(A) contacts with foreign governments, intergovernmental
organizations, and specialized agencies of the United
Nations, the Organization on Security and Cooperation in
Europe, and other international organizations of which the
United States is a member; and
(B) multilateral conferences and meetings relevant to
religious freedom abroad.
(4) REPORTING RESPONSIBILITIES- The Ambassador at Large shall
have the reporting responsibilities described in section 102.
(d) FUNDING- The Secretary of State shall provide the Ambassador at
Large with such funds as may be necessary for the hiring of staff for
the Office, for the conduct of investigations by the Office, and for
necessary travel to carry out the provisions of this section.
SEC. 102. REPORTS.
(a) PORTIONS OF ANNUAL HUMAN RIGHTS REPORTS- The Ambassador at Large
shall assist the Secretary of State in preparing those portions of the
Human Rights Reports that relate to freedom of religion and freedom
from discrimination based on religion and those portions of other
information provided Congress under sections 116 and 502B of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151m, 2304) that relate to
the right to freedom of religion.
(b) ANNUAL REPORT ON INTERNATIONAL RELIGIOUS FREEDOM-
(1) DEADLINE FOR SUBMISSION- On September 1 of each year or the
first day thereafter on which the appropriate House of Congress
is in session, the Secretary of State, with the assistance of the
Ambassador at Large, and taking into consideration the
recommendations of the Commission, shall prepare and transmit to
Congress an Annual Report on International Religious Freedom
supplementing the most recent Human Rights Reports by providing
additional detailed information with respect to matters involving
international religious freedom. Each Annual Report shall contain
the following:
(A) STATUS OF RELIGIOUS FREEDOM- A description of the status
of religious freedom in each foreign country, including--
(i) trends toward improvement in the respect and
protection of the right to religious freedom and trends
toward deterioration of such right;
(ii) violations of religious freedom engaged in or
tolerated by the government of that country; and
(iii) particularly severe violations of religious
freedom engaged in or tolerated by the government of
that country.
(B) VIOLATIONS OF RELIGIOUS FREEDOM- An assessment and
description of the nature and extent of violations of
religious freedom in each foreign country, including
persecution of one religious group by another religious
group, religious persecution by governmental and
nongovernmental entities, persecution targeted at
individuals or particular denominations or entire religions,
the existence of government policies violating religious
freedom, and the existence of government policies
concerning--
(i) limitations or prohibitions on, or lack of
availability of, openly conducted, organized religious
services outside of the premises of foreign diplomatic
missions or consular posts; and
(ii) the forced religious conversion of minor United
States citizens who have been abducted or illegally
removed from the United States, and the refusal to
allow such citizens to be returned to the United
States.
(C) UNITED STATES POLICIES- A description of United States
actions and policies in support of religious freedom in each
foreign country engaging in or tolerating violations of
religious freedom, including a description of the measures
and policies implemented during the preceding 12 months by
the United States under titles I, IV, and V of this Act in
opposition to violations of religious freedom and in support
of international religious freedom.
(D) INTERNATIONAL AGREEMENTS IN EFFECT- A description of any
binding agreement with a foreign government entered into by
the United States under section 401(b) or 402(c).
(E) TRAINING AND GUIDELINES OF GOVERNMENT PERSONNEL- A
description of--
(i) the training described in section 602(a) and (b)
and section 603(b) and (c) on violations of religious
freedom provided to immigration judges and consular,
refugee, immigration, and asylum officers; and
(ii) the development and implementation of the
guidelines described in sections 602(c) and 603(a).
(F) EXECUTIVE SUMMARY- An Executive Summary to the Annual
Report highlighting the status of religious freedom in
certain foreign countries and including the following:
(i) COUNTRIES IN WHICH THE UNITED STATES IS ACTIVELY
PROMOTING RELIGIOUS FREEDOM- An identification of
foreign countries in which the United States is
actively promoting religious freedom. This section of
the report shall include a description of United States
actions taken to promote the internationally recognized
right to freedom of religion and oppose violations of
such right under title IV and title V of this Act
during the period covered by the Annual Report. Any
country designated as a country of particular concern
for religious freedom under section 402(b)(1) shall be
included in this section of the report.
(ii) COUNTRIES OF SIGNIFICANT IMPROVEMENT IN RELIGIOUS
FREEDOM- An identification of foreign countries the
governments of which have demonstrated significant
improvement in the protection and promotion of the
internationally recognized right to freedom of religion
during the period covered by the Annual Report. This
section of the report shall include a description of
the nature of the improvement and an analysis of the
factors contributing to such improvement, including
actions taken by the United States under this Act.
(2) CLASSIFIED ADDENDUM- If the Secretary of State determines
that it is in the national security interests of the United
States or is necessary for the safety of individuals to be
identified in the Annual Report or is necessary to further the
purposes of this Act, any information required by paragraph (1),
including measures or actions taken by the United States, may be
summarized in the Annual Report or the Executive Summary and
submitted in more detail in a classified addendum to the Annual
Report or the Executive Summary.
(c) PREPARATION OF REPORTS REGARDING VIOLATIONS OF RELIGIOUS
FREEDOM-
(1) STANDARDS AND INVESTIGATIONS- The Secretary of State shall
ensure that United States missions abroad maintain a consistent
reporting standard and thoroughly investigate reports of
violations of the internationally recognized right to freedom of
religion.
(2) CONTACTS WITH NONGOVERNMENTAL ORGANIZATIONS- In compiling
data and assessing the respect of the right to religious freedom
for the Human Rights Reports, the Annual Report on International
Religious Freedom, and the Executive Summary, United States
mission personnel shall, as appropriate, seek out and maintain
contacts with religious and human rights nongovernmental
organizations, with the consent of those organizations, including
receiving reports and updates from such organizations and, when
appropriate, investigating such reports.
(d) AMENDMENTS TO THE FOREIGN ASSISTANCE ACT 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:
`(6) wherever applicable, violations of religious freedom,
including particularly severe violations of religious freedom (as
defined in section 3 of the International Religious Freedom Act
of 1998).'.
(2) CONTENTS OF HUMAN RIGHTS REPORTS FOR COUNTRIES RECEIVING
SECURITY ASSISTANCE- Section 502B(b) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2304(b)) is amended--
(A) by inserting `and with the assistance of the Ambassador
at Large for International Religious Freedom' after `Labor';
and
(B) by inserting after the second sentence the following new
sentence: `Such report shall also include, wherever
applicable, information on violations of religious freedom,
including particularly severe violations of religious
freedom (as defined in section 3 of the International
Religious Freedom Act of 1998).'.
SEC. 103. ESTABLISHMENT OF A RELIGIOUS FREEDOM INTERNET SITE.
In order to facilitate access by nongovernmental organizations (NGOs)
and by the public around the world to international documents on the
protection of religious freedom, the Secretary of State, with the
assistance of the Ambassador at Large, shall establish and maintain an
Internet site containing major international documents relating to
religious freedom, the Annual Report, the Executive Summary, and any
other documentation or references to other sites as deemed appropriate
or relevant by the Ambassador at Large.
SEC. 104. TRAINING FOR FOREIGN SERVICE OFFICERS.
Chapter 2 of title I of the Foreign Service Act of 1980 is amended by
adding at the end the following new section:
`SEC. 708. TRAINING FOR FOREIGN SERVICE OFFICERS.
`The Secretary of State, with the assistance of other relevant
officials, such as the Ambassador at Large for International Religious
Freedom appointed under section 101(b) of the International Religious
Freedom Act of 1998 and the director of the National Foreign Affairs
Training Center, shall establish as part of the standard training
provided after January 1, 1999, for officers of the Service, including
chiefs of mission, instruction in the field of internationally
recognized human rights. Such training shall include--
`(1) instruction on international documents and United States
policy in human rights, which shall be mandatory for all members
of the Service having reporting responsibilities relating to
human rights and for chiefs of mission; and
`(2) instruction on the internationally recognized right to
freedom of religion, the nature, activities, and beliefs of
different religions, and the various aspects and manifestations
of violations of religious freedom.'.
SEC. 105. HIGH-LEVEL CONTACTS WITH NONGOVERNMENTAL ORGANIZATIONS.
United States chiefs of mission shall seek out and contact religious
nongovernmental organizations to provide high-level meetings with
religious nongovernmental organizations where appropriate and
beneficial. United States chiefs of mission and Foreign Service
officers abroad shall seek to meet with imprisoned religious leaders
where appropriate and beneficial.
SEC. 106. PROGRAMS AND ALLOCATIONS OF FUNDS BY UNITED STATES MISSIONS
ABROAD.
It is the sense of 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. EQUAL ACCESS TO UNITED STATES MISSIONS ABROAD FOR
CONDUCTING
RELIGIOUS ACTIVITIES.
(a) IN GENERAL- Subject to this section, the Secretary of State shall
permit, on terms no less favorable than that accorded other
nongovernmental activities unrelated to the conduct of the diplomatic
mission, access to the premises of any United States diplomatic
mission or consular post by any United States citizen seeking to
conduct an activity for religious purposes.
(b) TIMING AND LOCATION- The Secretary of State shall make reasonable
accommodations with respect to the timing and location of such access
in light of--
(1) the number of United States citizens requesting the access
(including any particular religious concerns regarding the time
of day, date, or physical setting for services);
(2) conflicts with official activities and other nonofficial
United States citizen requests;
(3) the availability of openly conducted, organized religious
services outside the premises of the mission or post;
(4) availability of space and resources; and
(5) necessary security precautions.
(c) DISCRETIONARY ACCESS FOR FOREIGN NATIONALS- The Secretary of State
may permit access to the premises of a United States diplomatic
mission or consular post to foreign nationals for the purpose of
attending or participating in religious activities conducted pursuant
to this section.
SEC. 108. PRISONER LISTS AND ISSUE BRIEFS ON RELIGIOUS FREEDOM
CONCERNS.
(a) SENSE OF 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 abroad, regional experts, and
nongovernmental human rights and religious groups, shall prepare and
maintain issue briefs on religious freedom, on a country-by-country
basis, consisting of lists of persons believed to be imprisoned,
detained, or placed under house arrest for their religious faith,
together with brief evaluations and critiques of the policies of the
respective country restricting religious freedom. In considering the
inclusion of names of prisoners on such lists, the Secretary of State
shall exercise appropriate discretion, including concerns regarding
the safety, security, and benefit to such prisoners.
(c) AVAILABILITY OF INFORMATION- The Secretary shall, as appropriate,
provide religious freedom issue briefs under subsection (b) to
executive branch officials and Members of Congress in anticipation of
bilateral contacts with foreign leaders, both in the United States and
abroad.
TITLE II--COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM
SEC. 201. ESTABLISHMENT AND COMPOSITION.
(a) 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.
(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. DUTIES OF THE COMMISSION.
(a) IN GENERAL- The Commission shall have as its primary
responsibility--
(1) the annual and ongoing review of the facts and circumstances
of violations of religious freedom presented in the Country
Reports on Human Rights Practices, the Annual Report, and the
Executive Summary, as well as information from other sources as
appropriate; and
(2) the making of policy recommendations to the President, the
Secretary of State, and Congress with respect to matters
involving international religious freedom.
(b) POLICY REVIEW AND RECOMMENDATIONS IN RESPONSE TO VIOLATIONS-
The
Commission, in evaluating United States Government policies in
response to violations of religious freedom, shall consider and
recommend options for policies of the United States Government with
respect to each foreign country the government of which has engaged in
or tolerated violations of religious freedom, including particularly
severe violations of religious freedom, including diplomatic
inquiries, diplomatic protest, official public protest demarche of
protest, condemnation within multilateral fora, delay or cancellation
of cultural or scientific exchanges, delay or cancellation of working,
official, or state visits, reduction of certain assistance funds,
termination of certain assistance funds, imposition of targeted trade
sanctions, imposition of broad trade sanctions, and withdrawal of the
chief of mission.
(c) POLICY REVIEW AND RECOMMENDATIONS IN RESPONSE TO PROGRESS- The
Commission, in evaluating the United States Government policies with
respect to countries found to be taking deliberate steps and making
significant improvement in respect for the right of religious freedom,
shall consider and recommend policy options, including private
commendation, diplomatic commendation, official public commendation,
commendation within multilateral fora, an increase in cultural or
scientific exchanges, or both, termination or reduction of existing
Presidential actions, an increase in certain assistance funds, and
invitations for working, official, or state visits.
(d) EFFECTS ON RELIGIOUS COMMUNITIES AND INDIVIDUALS- Together with
specific policy recommendations provided under subsections (b) and
(c), the Commission shall also indicate its evaluation of the
potential effects of such policies, if implemented, on the religious
communities and individuals whose rights are found to be violated in
the country in question.
(e) MONITORING- The Commission shall, on an ongoing basis, monitor
facts and circumstances of violations of religious freedom, in
consultation with independent human rights groups and nongovernmental
organizations, including churches and other religious communities, and
make such recommendations as may be necessary to the appropriate
officials and offices in the United States Government.
(f) HEARINGS AND SESSIONS- The Commission may, for the purpose of
carrying out its duties under this title, hold hearings, sit and act
at times and places in the United States, take testimony, and receive
evidence as the Commission considers advisable to carry out the
purposes of this Act.
SEC. 203. REPORT OF THE COMMISSION.
(a) IN GENERAL- Not later than May 1 of each year, the Commission
shall submit a report to the President, the Secretary of State, and
Congress setting forth its recommendations for United States policy
options based on its evaluations under section 202.
(b) CLASSIFIED FORM OF REPORT- The report may be submitted in
classified form, together with a public summary of recommendations, if
the classification of information would further the purposes of this
Act.
(c) INDIVIDUAL OR DISSENTING VIEWS- Each member of the Commission may
include the individual or dissenting views of the member.
SEC. 204. APPLICABILITY OF OTHER LAWS.
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to
the Commission.
SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL- There are authorized to be appropriated to the
Commission $3,000,000 for each of the fiscal years 1999 and 2000 to
carry out the provisions of this title.
(b) AVAILABILITY OF FUNDS- Amounts authorized to be appropriated under
subparagraph (a) are authorized to remain available until expended but
not later than the date of termination of the Commission.
SEC. 206. TERMINATION.
The Commission shall terminate 4 years after the initial appointment
of all of the Commissioners.
TITLE III--NATIONAL SECURITY COUNCIL
SEC. 301. SPECIAL ADVISER ON INTERNATIONAL RELIGIOUS FREEDOM.
Section 101 of the National Security Act of 1947 (50 U.S.C. 402) is
amended by adding at the end the following new subsection:
`(i) It is the sense of the Congress that there should be within the
staff of the National Security Council a Special Adviser to the
President on International Religious Freedom, whose position should be
comparable to that of a director within the Executive Office of the
President. The Special Adviser should serve as a resource for
executive branch officials, compiling and maintaining information on
the facts and circumstances of violations of religious freedom (as
defined in section 3 of the International Religious Freedom Act of
1998), and making policy recommendations. The Special Adviser should
serve as liaison with the Ambassador at Large for International
Religious Freedom, the United States Commission on International
Religious Freedom, Congress and, as advisable, religious
nongovernmental organizations.'.
TITLE IV--PRESIDENTIAL ACTIONS
Subtitle I--Targeted Responses to Violations of Religious Freedom Abroad
SEC. 401. PRESIDENTIAL ACTIONS IN RESPONSE TO VIOLATIONS OF RELIGIOUS
FREEDOM.
(a) RESPONSE TO VIOLATIONS OF RELIGIOUS FREEDOM-
(1) IN GENERAL-
(A) UNITED STATES POLICY- It shall be the policy of the
United States--
(i) to oppose violations of religious freedom that are
or have been engaged in or tolerated by the governments
of foreign countries; and
(ii) to promote the right to freedom of religion in
those countries through the actions described in
subsection (b).
(B) REQUIREMENT OF PRESIDENTIAL ACTION- For each foreign
country the government of which engages in or tolerates
violations of religious freedom, the President shall oppose
such violations and promote the right to freedom of religion
in that country through the actions described in subsection
(b).
(2) BASIS OF ACTIONS- Each action taken under paragraph (1)(B)
shall be based upon information regarding violations of religious
freedom, as described in the latest Country Reports on Human
Rights Practices, the Annual Report and Executive Summary, and on
any other evidence available, and shall take into account any
findings or recommendations by the Commission with respect to the
foreign country.
(b) PRESIDENTIAL ACTIONS-
(1) IN GENERAL- Subject to paragraphs (2) and (3), the President,
in consultation with the Secretary of State, the Ambassador at
Large, the Special Adviser, and the Commission, shall, as
expeditiously as practicable in response to the violations
described in subsection (a) by the government of a foreign
country--
(A) take one or more of the actions described in paragraphs
(1) through (15) of section 405(a) (or commensurate action
in substitution thereto) with respect to such country; or
(B) negotiate and enter into a binding agreement with the
government of such country, as described in section 405(c).
(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 of
such violations in countries with which the United States
has diplomatic relations.
(2) GUIDELINES FOR PRESIDENTIAL ACTIONS- In addition to the
guidelines under paragraph (1), the President, in determining
whether to take a Presidential action under paragraphs (9)
through (15) of section 405(a) (or commensurate action in
substitution thereto), shall seek to minimize any adverse impact
on--
(A) the population of the country whose government is
targeted by the Presidential action or actions; and
(B) the humanitarian activities of United States and foreign
nongovernmental organizations in such country.
SEC. 402. PRESIDENTIAL ACTIONS IN RESPONSE TO PARTICULARLY SEVERE
VIOLATIONS OF RELIGIOUS FREEDOM.
(a) RESPONSE TO PARTICULARLY SEVERE VIOLATIONS OF RELIGIOUS
FREEDOM-
(1) UNITED STATES POLICY- It shall be the policy of the United
States--
(A) to oppose particularly severe violations of
religious freedom that are or have been engaged in or
tolerated by the governments of foreign countries; and
(B) to promote the right to freedom of religion in
those countries through the actions described in
subsection (c).
(2) REQUIREMENT OF PRESIDENTIAL ACTION- Whenever the President
determines that the government of a foreign country has engaged
in or tolerated particularly severe violations of religious
freedom, the President shall oppose such violations and promote
the right to religious freedom through one or more of the actions
described in subsection (c).
(b) DESIGNATIONS OF COUNTRIES OF PARTICULAR CONCERN FOR RELIGIOUS
FREEDOM-
(1) ANNUAL REVIEW-
(A) IN GENERAL- Not later than September 1 of each year, the
President shall review the status of religious freedom in
each foreign country to determine whether the government of
that country has engaged in or tolerated particularly severe
violations of religious freedom in that country during the
preceding 12 months or since the date of the last review of
that country under this subparagraph, whichever period is
longer. The President shall designate each country the
government of which has engaged in or tolerated violations
described in this subparagraph as a country of particular
concern for religious freedom.
(B) BASIS OF REVIEW- Each review conducted under
subparagraph (A) shall be based upon information contained
in the latest Country Reports on Human Rights Practices, the
Annual Report, and on any other evidence available and shall
take into account any findings or recommendations by the
Commission with respect to the foreign country.
(C) IMPLEMENTATION- Any review under subparagraph (A) of a
foreign country may take place singly or jointly with the
review of one or more countries and may take place at any
time prior to September 1 of the respective year.
(2) DETERMINATIONS OF RESPONSIBLE PARTIES- For the government of
each country designated as a country of particular concern for
religious freedom under paragraph (1)(A), the President shall
seek to determine the agency or instrumentality thereof and the
specific officials thereof that are responsible for the
particularly severe violations of religious freedom engaged in or
tolerated by that government in order to appropriately target
Presidential actions under this section in response.
(3) CONGRESSIONAL NOTIFICATION- Whenever the President designates
a country as a country of particular concern for religious
freedom under paragraph (1)(A), the President shall, as soon as
practicable after the designation is made, transmit to the
appropriate congressional committees--
(A) the designation of the country, signed by the President;
and
(B) the identification, if any, of responsible parties
determined under paragraph (2).
(c) PRESIDENTIAL ACTIONS WITH RESPECT TO COUNTRIES OF PARTICULAR
CONCERN FOR RELIGIOUS FREEDOM-
(1) IN GENERAL- Subject to paragraphs (2), (3), and (4) with
respect to each country of particular concern for religious
freedom designated under subsection (b)(1)(A), the President
shall, after the requirements of sections 403 and 404 have been
satisfied, but not later than 90 days (or 180 days in case of a
delay under paragraph (3)) after the date of designation of the
country under that subsection, carry out one or more of the
following actions under subparagraph (A) or subparagraph (B):
(A) PRESIDENTIAL ACTIONS- One or more of the Presidential
actions described in paragraphs (9) through (15) of section
405(a), as determined by the President.
(B) COMMENSURATE ACTIONS- Commensurate action in
substitution to any action described in subparagraph (A).
(2) SUBSTITUTION OF BINDING AGREEMENTS-
(A) IN GENERAL- In lieu of carrying out action under
paragraph (1), the President may conclude a binding
agreement with the respective foreign government as
described in section 405(c). The existence of a binding
agreement under this paragraph with a foreign government may
be considered by the President prior to making any
determination or taking any action under this title.
(B) STATUTORY CONSTRUCTION- Nothing in this paragraph may be
construed to authorize the entry of the United States into
an agreement covering matters outside the scope of
violations of religious freedom.
(3) AUTHORITY FOR DELAY OF PRESIDENTIAL ACTIONS- If, on or before
the date that the President is required (but for this paragraph)
to take action under paragraph (1), the President determines and
certifies to Congress that a single, additional period of time
not to exceed 90 days is necessary--
(A) for a continuation of negotiations that have been
commenced with the government of that country to bring about
a cessation of the violations by the foreign country;
(B) for a continuation of multilateral negotiations into
which the United States has entered to bring about a
cessation of the violations by the foreign country;
(C)(i) for a review of corrective action taken by the
foreign country after designation of such country as a
country of particular concern; or
(ii) in anticipation that corrective action will be taken by
the foreign country during the 90-day period,
then the President shall not be required to take action until the
expiration of that period of time.
(4) EXCEPTION FOR ONGOING PRESIDENTIAL ACTION- The President
shall not be required to take action pursuant to this subsection
in the case of a country of particular concern for religious
freedom, if with respect to such country--
(A) the President has taken action pursuant to this Act in a
preceding year;
(B) such action is in effect at the time the country is
designated as a country of particular concern for religious
freedom under this section;
(C) the President reports to Congress the information
described in section 404(a)(1), (2), (3), and (4) regarding
the actions in effect with respect to the country; and
(D) at the time the President determines a country to be a
country of particular concern, if that country is already
subject to multiple, broad-based sanctions imposed in
significant part in response to human rights abuses, and
such sanctions are ongoing, the President may determine that
one or more of these sanctions also satisfies the
requirements of this subsection. In a report to Congress
pursuant to section 404(a)(1), (2), (3), and (4), and, as
applicable, to section 408, the President must designate the
specific sanction or sanctions which he determines satisfy
the requirements of this subsection. The sanctions so
designated shall remain in effect subject to section 409 of
this Act.
(d) STATUTORY CONSTRUCTION- A determination under this Act, or any
amendment made by this Act, that a foreign country has engaged in or
tolerated particularly severe violations of religious freedom shall
not be construed to require the termination of assistance or other
activities with respect to that country under any other provision of
law, including section 116 or 502B of the Foreign Assistance Act of
1961 (22 U.S.C. 2151n, 2304).
SEC. 403. CONSULTATIONS.
(a) IN GENERAL- As soon as practicable after the President decides to
take action under section 401 in response to violations of religious
freedom and the President decides to take action under paragraphs (9)
through (15) of section 405(a) (or commensurate action in substitution
thereto) with respect to that country, or not later than 90 days after
the President designates a country as a country of particular concern
for religious freedom under section 402, as the case may be, the
President shall carry out the consultations required in this section.
(b) DUTY TO CONSULT WITH FOREIGN GOVERNMENTS PRIOR TO TAKING
PRESIDENTIAL ACTIONS-
(1) IN GENERAL- The President shall--
(A) request consultation with the government of such country
regarding the violations giving rise to designation of that
country as a country of particular concern for religious
freedom or to Presidential action under section 401; and
(B) if agreed to, enter into such consultations, privately
or publicly.
(2) USE OF MULTILATERAL FORA- If the President determines it to
be appropriate, such consultations may be sought and may occur in
a multilateral forum, but, in any event, the President shall
consult with appropriate foreign governments for the purposes of
achieving a coordinated international policy on actions that may
be taken with respect to a country described in subsection (a),
prior to implementing any such action.
(3) ELECTION OF NONDISCLOSURE OF NEGOTIATIONS TO PUBLIC- If
negotiations are undertaken or an agreement is concluded with a
foreign government regarding steps to cease the pattern of
violations by that government, and if public disclosure of such
negotiations or agreement would jeopardize the negotiations or
the implementation of such agreement, as the case may be, the
President may refrain from disclosing such negotiations and such
agreement to the public, except that the President shall inform
the appropriate congressional committees of the nature and extent
of such negotiations and any agreement reached.
(c) DUTY TO CONSULT WITH HUMANITARIAN ORGANIZATIONS- The President
should consult with appropriate humanitarian and religious
organizations concerning the potential impact of United States
policies to promote freedom of religion in countries described in
subsection (a).
(d) DUTY TO CONSULT WITH UNITED STATES INTERESTED PARTIES- The
President shall, as appropriate, consult with United States interested
parties as to the potential impact of intended Presidential action or
actions in countries described in subsection (a) on economic or other
interests of the United States.
SEC. 404. REPORT TO CONGRESS.
(a) IN GENERAL- Subject to subsection (b), not later than 90 days
after the President decides to take action under section 401 in
response to violations of religious freedom and the President decides
to take action under paragraphs (9) through (15) of section 405(a) (or
commensurate action in substitution thereto) with respect to that
country, or not later than 90 days after the President designates a
country as a country of particular concern for religious freedom under
section 402, as the case may be, the President shall submit a report
to Congress containing the following:
(1) IDENTIFICATION OF PRESIDENTIAL ACTIONS- An identification of
the Presidential action or actions described in paragraphs (9)
through (15) of section 405(a) (or commensurate action in
substitution thereto) to be taken with respect to the foreign
country.
(2) DESCRIPTION OF VIOLATIONS- A description of the violations
giving rise to the Presidential action or actions to be taken.
(3) PURPOSE OF PRESIDENTIAL ACTIONS- A description of the purpose
of the Presidential action or actions.
(4) EVALUATION-
(A) DESCRIPTION- An evaluation, in consultation with the
Secretary of State, the Ambassador at Large, the Commission,
the Special Adviser, the parties described in section 403(c)
and (d), and whoever else the President deems appropriate,
of--
(i) the impact upon the foreign government;
(ii) the impact upon the population of the country; and
(iii) the impact upon the United States economy and
other interested parties.
(B) AUTHORITY TO WITHHOLD DISCLOSURE- The President may
withhold part or all of such evaluation from the public but
shall provide the entire evaluation to Congress.
(5) STATEMENT OF POLICY OPTIONS- A statement that noneconomic
policy options designed to bring about cessation of the
particularly severe violations of religious freedom have
reasonably been exhausted, including the consultations required
in section 403.
(6) DESCRIPTION OF MULTILATERAL NEGOTIATIONS- A description of
multilateral negotiations sought or carried out, if appropriate
and applicable.
(b) DELAY IN TRANSMITTAL OF REPORT- If, on or before the date that the
President is required (but for this subsection) to submit a report
under subsection (a) to Congress, the President determines and
certifies to Congress that a single, additional period of time not to
exceed 90 days is necessary pursuant to section 401(b)(3) or
402(c)(3), then the President shall not be required to submit the
report to Congress until the expiration of that period of time.
SEC. 405. DESCRIPTION OF PRESIDENTIAL ACTIONS.
(a) DESCRIPTION OF PRESIDENTIAL ACTIONS- Except as provided in
subsection (d), the Presidential actions referred to in this
subsection are the following:
(1) A private demarche.
(2) An official public demarche.
(3) A public condemnation.
(4) A public condemnation within one or more multilateral fora.
(5) The delay or cancellation of one or more scientific
exchanges.
(6) The delay or cancellation of one or more cultural exchanges.
(7) The denial of one or more working, official, or state visits.
(8) The delay or cancellation of one or more working, official,
or state visits.
(9) The withdrawal, limitation, or suspension of United States
development assistance in accordance with section 116 of the
Foreign Assistance Act of 1961.
(10) Directing the Export-Import Bank of the United States, the
Overseas Private Investment Corporation, or the Trade and
Development Agency not to approve the issuance of any (or a
specified number of) guarantees, insurance, extensions of credit,
or participations in the extension of credit with respect to the
specific government, agency, instrumentality, or official found
or determined by the President to be responsible for violations
under section 401 or 402.
(11) The withdrawal, limitation, or suspension of United States
security assistance in accordance with section 502B of the
Foreign Assistance Act of 1961.
(12) Consistent with section 701 of the International Financial
Institutions Act of 1977, directing the United States executive
directors of international financial institutions to oppose and
vote against loans primarily benefiting the specific foreign
government, agency, instrumentality, or official found or
determined by the President to be responsible for violations
under section 401 or 402.
(13) Ordering the heads of the appropriate United States agencies
not to issue any (or a specified number of) specific licenses,
and not to grant any other specific authority (or a specified
number of authorities), to export any goods or technology to the
specific foreign government, agency, instrumentality, or official
found or determined by the President to be responsible for
violations under section 401 or 402, under--
(A) the Export Administration Act of 1979;
(B) the Arms Export Control Act;
(C) the Atomic Energy Act of 1954; or
(D) any other statute that requires the prior review and
approval of the United States Government as a condition for
the export or reexport of goods or services.
(14) Prohibiting any United States financial institution from
making loans or providing credits totaling more than $10,000,000
in any 12-month period to the specific foreign government,
agency, instrumentality, or official found or determined by the
President to be responsible for violations under section 401 or
402.
(15) Prohibiting the United States Government from procuring, or
entering into any contract for the procurement of, any goods or
services from the foreign government, entities, or officials
found or determined by the President to be responsible for
violations under section 401 or 402.
(b) COMMENSURATE ACTION- Except as provided in subsection (d), the
President may substitute any other action authorized by law for any
action described in paragraphs (1) through (15) of subsection (a) if
such action is commensurate in effect to the action substituted and if
the action would further the policy of the United States set forth in
section 2(b) of this Act. The President shall seek to take all
appropriate and feasible actions authorized by law to obtain the
cessation of the violations. If commensurate action is taken, the
President shall report such action, together with an explanation for
taking such action, to the appropriate congressional committees.
(c) BINDING AGREEMENTS- The President may negotiate and enter into a
binding agreement with a foreign government that obligates such
government to cease, or take substantial steps to address and phase
out, the act, policy, or practice constituting the violation of
religious freedom. The entry into force of a binding agreement for the
cessation of the violations shall be a primary objective for the
President in responding to a foreign government that has engaged in or
tolerated particularly severe violations of religious freedom.
(d) EXCEPTIONS- Any action taken pursuant to subsection (a) or (b) may
not prohibit or restrict the provision of medicine, medical equipment
or supplies, food, or other humanitarian assistance.
SEC. 406. EFFECTS ON EXISTING CONTRACTS.
The President shall not be required to apply or maintain any
Presidential action under this subtitle--
(1) in the case of procurement of defense articles or defense
services--
(A) under existing contracts or subcontracts, including the
exercise of options for production quantities, to satisfy
requirements essential to the national security of the
United States;
(B) if the President determines in writing and so reports to
Congress that the person or other entity to which the
Presidential action would otherwise be applied is a sole
source supplier of the defense articles or services, that
the defense articles or services are essential, and that
alternative sources are not readily or reasonably available;
or
(C) if the President determines in writing and so reports to
Congress that such articles or services are essential to the
national security under defense coproduction agreements; or
(2) to products or services provided under contracts entered into
before the date on which the President publishes his intention to
take the Presidential action.
SEC. 407. PRESIDENTIAL WAIVER.
(a) IN GENERAL- Subject to subsection (b), the President may waive the
application of any of the actions described in paragraphs (9) through
(15) of section 405(a) (or commensurate action in substitution
thereto) with respect to a country, if the President determines and so
reports to the appropriate congressional committees that--
(1) the respective foreign government has ceased the violations
giving rise to the Presidential action;
(2) the exercise of such waiver authority would further the
purposes of this Act; or
(3) the important national interest of the United States requires
the exercise of such waiver authority.
(b) CONGRESSIONAL NOTIFICATION- Not later than the date of the
exercise of a waiver under subsection (a), the President shall notify
the appropriate congressional committees of the waiver or the
intention to exercise the waiver, together with a detailed
justification thereof.
SEC. 408. PUBLICATION IN FEDERAL REGISTER.
(a) IN GENERAL- Subject to subsection (b), the President shall cause
to be published in the Federal Register the following:
(1) DETERMINATIONS OF GOVERNMENTS, OFFICIALS, AND ENTITIES OF
PARTICULAR CONCERN- Any designation of a country of particular
concern for religious freedom under section 402(b)(1), together
with, when applicable and to the extent practicable, the
identities of the officials or entities determined to be
responsible for the violations under section 402(b)(2).
(2) PRESIDENTIAL ACTIONS- A description of any Presidential
action under paragraphs (9) through (15) of section 405(a) (or
commensurate action in substitution thereto) and the effective
date of the Presidential action.
(3) DELAYS IN TRANSMITTAL OF PRESIDENTIAL ACTION REPORTS- Any
delay in transmittal of a Presidential action report, as
described in section 404(b).
(4) WAIVERS- Any waiver under section 407.
(b) LIMITED DISCLOSURE OF INFORMATION- The President may limit
publication of information under this section in the same manner and
to the same extent as the President may limit the publication of
findings and determinations described in section 654(c) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2414(c)), if the President
determines that the publication of information under this section--
(1) would be harmful to the national security of the United
States; or
(2) would not further the purposes of this Act.
SEC. 409. TERMINATION OF PRESIDENTIAL ACTIONS.
Any Presidential action taken under this Act with respect to a foreign
country shall terminate on the earlier of the following dates:
(1) TERMINATION DATE- Within 2 years of the effective date of the
Presidential action unless expressly reauthorized by law.
(2) FOREIGN GOVERNMENT ACTIONS- Upon the determination by the
President, in consultation with the Commission, and certification
to Congress that the foreign government has ceased or taken
substantial and verifiable steps to cease the particularly severe
violations of religious freedom.
SEC. 410. PRECLUSION OF JUDICIAL REVIEW.
No court shall have jurisdiction to review any Presidential
determination or agency action under this Act or any amendment made by
this Act.
Subtitle II--Strengthening Existing Law
SEC. 421. UNITED STATES ASSISTANCE.
(a) IMPLEMENTATION OF PROHIBITION ON ECONOMIC ASSISTANCE- Section
116(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(c)) is
amended--
(1) in the text above paragraph (1), by inserting `and in
consultation with the Ambassador at Large for International
Religious Freedom' after `Labor';
(2) by striking `and' at the end of paragraph (1);
(3) by striking the period at the end of paragraph (2) and
inserting `; and'; and
(4) by adding at the end the following new paragraph:
`(3) whether the government--
`(A) has engaged in or tolerated particularly severe
violations of religious freedom, as defined in section 3 of
the International Religious Freedom Act of 1998; or
`(B) has failed to undertake serious and sustained efforts
to combat particularly severe violations of religious
freedom (as defined in section 3 of the International
Religious Freedom Act of 1998), when such efforts could have
been reasonably undertaken.'.
(b) IMPLEMENTATION OF PROHIBITION ON MILITARY ASSISTANCE- Section
502B(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(a)) is
amended by adding at the end the following new paragraph:
`(4) In determining whether the government of a country engages in a
consistent pattern of gross violations of internationally recognized
human rights, the President shall give particular consideration to
whether the government--
`(A) has engaged in or tolerated particularly severe violations
of religious freedom, as defined in section 3 of the
International Religious Freedom Act of 1998; or
`(B) has failed to undertake serious and sustained efforts to
combat particularly severe violations of religious freedom when
such efforts could have been reasonably undertaken.'.
SEC. 422. MULTILATERAL ASSISTANCE.
Section 701 of the International Financial Institutions Act (22 U.S.C.
262d) is amended by adding at the end the following new subsection:
`(g) In determining whether the government of a country engages in a
pattern of gross violations of internationally recognized human
rights, as described in subsection (a), the President shall give
particular consideration to whether a foreign government--
`(1) has engaged in or tolerated particularly severe violations
of religious freedom, as defined in section 3 of the
International Religious Freedom Act of 1998; or
`(2) has failed to undertake serious and sustained efforts to
combat particularly severe violations of religious freedom when
such efforts could have been reasonably undertaken.'.
SEC. 423. EXPORTS OF CERTAIN ITEMS USED IN PARTICULARLY SEVERE
VIOLATIONS
OF RELIGIOUS FREEDOM.
(a) MANDATORY LICENSING- Notwithstanding any other provision of law,
the Secretary of Commerce, with the concurrence of the Secretary of
State, shall include on the list of crime control and detection
instruments or equipment controlled for export and reexport under
section 6(n) of the Export Administration Act of 1979 (22 U.S.C. App.
2405(n)), or under any other provision of law, items being exported or
reexported to countries of particular concern for religious freedom
that the Secretary of Commerce, with the concurrence of the Secretary
of State, and in consultation with appropriate officials including the
Assistant Secretary of State for Democracy, Human Rights and Labor and
the Ambassador at Large, determines are being used or are intended for
use directly and in significant measure to carry out particularly
severe violations of religious freedom.
(b) LICENSING BAN- The prohibition on the issuance of a license for
export of crime control and detection instruments or equipment under
section 502B(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C.
2304(a)(2)) shall apply to the export and reexport of any item
included pursuant to subsection (a) on the list of crime control
instruments.
TITLE V--PROMOTION OF RELIGIOUS FREEDOM
SEC. 501. ASSISTANCE FOR PROMOTING RELIGIOUS FREEDOM.
(a) FINDINGS- Congress makes the following findings:
(1) In many nations where severe violations of religious freedom
occur, there is not sufficient statutory legal protection for
religious minorities or there is not sufficient cultural and
social understanding of international norms of religious freedom.
(2) Accordingly, in the provision of foreign assistance, the
United States should make a priority of promoting and developing
legal protections and cultural respect for religious freedom.
(b) ALLOCATION OF FUNDS FOR INCREASED PROMOTION OF RELIGIOUS
FREEDOMS-
Section 116(e) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151n(e)) is amended by inserting `, including the right to free
religious belief and practice' after `adherence to civil and political
rights'.
SEC. 502. INTERNATIONAL BROADCASTING.
Section 303(a) of the United States International Broadcasting Act of
1994 (22 U.S.C. 6202(a)) is amended--
(1) by striking `and' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting `; and'; and
(3) by adding at the end the following:
`(8) promote respect for human rights, including freedom of
religion.'.
SEC. 503. INTERNATIONAL EXCHANGES.
Section 102(b) of the Mutual Educational and Cultural Exchange Act of
1961 (22 U.S.C. 2452(b)) is amended--
(1) by striking `and' after paragraph (10);
(2) by striking the period at the end of paragraph (11) and
inserting `; and'; and
(3) by adding at the end the following:
`(12) promoting respect for and guarantees of religious freedom
abroad by interchanges and visits between the United States and
other nations of religious leaders, scholars, and religious and
legal experts in the field of religious freedom.'.
SEC. 504. FOREIGN SERVICE AWARDS.
(a) PERFORMANCE PAY- Section 405(d) of the Foreign Service Act of 1980
(22 U.S.C. 3965(d)) is amended by inserting after the first sentence
the following: `Such service in the promotion of internationally
recognized human rights, including the right to freedom of religion,
shall serve as a basis for granting awards under this section.'.
(b) FOREIGN SERVICE AWARDS- Section 614 of the Foreign Service Act of
1980 (22 U.S.C. 4013) is amended by adding at the end the following
new sentence: `Distinguished, meritorious service in the promotion of
internationally recognized human rights, including the right to
freedom of religion, shall serve as a basis for granting awards under
this section.'.
TITLE VI--REFUGEE, ASYLUM, AND CONSULAR MATTERS
SEC. 601. USE OF ANNUAL REPORT.
The Annual Report, together with other relevant documentation, shall
serve as a resource for immigration judges and consular, refugee, and
asylum officers in cases involving claims of persecution on the
grounds of religion. Absence of reference by the Annual Report to
conditions described by the alien shall not constitute the sole
grounds for a denial of the alien's claim.
SEC. 602. REFORM OF REFUGEE POLICY.
(a) TRAINING- Section 207 of the Immigration and Nationality Act (8
U.S.C. 1157) is amended by adding at the end the following new
subsection:
`(f)(1) The Attorney General, in consultation with the Secretary of
State, shall provide all United States officials adjudicating refugee
cases under this section with the same training as that provided to
officers adjudicating asylum cases under section 208.
`(2) Such training shall include country-specific conditions,
instruction on the internationally recognized right to freedom of
religion, instruction on methods of religious persecution practiced in
foreign countries, and applicable distinctions within a country
between the nature of and treatment of various religious practices and
believers.'.
(b) TRAINING FOR FOREIGN SERVICE OFFICERS- Section 708 of the Foreign
Service Act of 1980, as added by section 104 of this Act, is further
amended--
(1) by inserting `(a)' before `The Secretary of State'; and
(2) by adding at the end the following:
`(b) The Secretary of State shall provide sessions on refugee law and
adjudications and on religious persecution to each individual seeking
a commission as a United States consular officer. The Secretary shall
also ensure that any member of the Service who is assigned to a
position that may be called upon to assess requests for consideration
for refugee admissions, including any consular officer, has completed
training on refugee law and refugee adjudications in addition to the
training required in this section.'.
(c) GUIDELINES FOR REFUGEE-PROCESSING POSTS-
(1) GUIDELINES FOR ADDRESSING HOSTILE BIASES- The Attorney
General and the Secretary of State shall develop and implement
guidelines that address potential biases in personnel of the
Immigration and Naturalization Service that are hired abroad and
involved with duties which could constitute an effective barrier
to a refugee claim if such personnel carries a bias against the
claimant on the grounds of religion, race, nationality,
membership in a particular social group, or political opinion.
The subject matter of this training should be culturally
sensitive and tailored to provide a nonbiased, nonadversarial
atmosphere for the purpose of refugee adjudications.
(2) GUIDELINES FOR REFUGEE-PROCESSING POSTS IN ESTABLISHING
AGREEMENTS WITH UNITED STATES GOVERNMENT-DESIGNATED REFUGEE
PROCESSING ENTITIES- The Attorney General and the Secretary of
State shall develop and implement guidelines to ensure uniform
procedures for establishing agreements with United States
Government-designated refugee processing entities and personnel,
and uniform procedures for such entities and personnel
responsible for preparing refugee case files for use by the
Immigration and Naturalization Service during refugee
adjudications. These procedures should ensure, to the extent
practicable, that case files prepared by such entities accurately
reflect information provided by the refugee applicants and that
genuine refugee applicants are not disadvantaged or denied
refugee status due to faulty case file preparation.
(d) ANNUAL CONSULTATION- The President shall include in each annual
report on proposed refugee admissions under section 207(d) of the
Immigration and Nationality Act (8 U.S.C. 1157(d)) information about
religious persecution of refugee populations eligible for
consideration for admission to the United States. The Secretary of
State shall include information on religious persecution of refugee
populations in the formal testimony presented to the Committees on the
Judiciary of the House of Representatives and the Senate during the
consultation process under section 207(e) of the Immigration and
Nationality Act (8 U.S.C. 1157(e)).
SEC. 603. REFORM OF ASYLUM POLICY.
(a) GUIDELINES- The Attorney General and the Secretary of State shall
develop guidelines to ensure that persons with potential biases
against individuals on the grounds of religion, race, nationality,
membership in a particular social group, or political opinion,
including interpreters and personnel of airlines owned by governments
known to be involved in practices which would meet the definition of
persecution under international refugee law, shall not in any manner
be used to interpret conversations between aliens and inspection or
asylum officers.
(b) TRAINING FOR ASYLUM AND IMMIGRATION OFFICERS- The Attorney
General, in consultation with the Secretary of State, the Ambassador
at Large, and other relevant officials such as the Director of the
National Foreign Affairs Training Center, shall provide training to
all officers adjudicating asylum cases, and to immigration officers
performing duties under section 235(b) of the Immigration and
Nationality Act (8 U.S.C. 1225(b)), on the nature of religious
persecution abroad, including country-specific conditions, instruction
on the internationally recognized right to freedom of religion,
instruction on methods of religious persecution practiced in foreign
countries, and applicable distinctions within a country in the
treatment of various religious practices and believers.
(c) TRAINING FOR IMMIGRATION JUDGES- The Executive Office of
Immigration Review of the Department of Justice shall incorporate into
its initial and ongoing training of immigration judges training on the
extent and nature of religious persecution internationally, including
country-specific conditions, and including use of the Annual Report.
Such training shall include governmental and nongovernmental methods
of persecution employed, and differences in the treatment of religious
groups by such persecuting entities.
SEC. 604. INADMISSIBILITY OF FOREIGN GOVERNMENT OFFICIALS WHO HAVE
ENGAGED
IN PARTICULARLY SEVERE VIOLATIONS OF RELIGIOUS FREEDOM.
(a) INELIGIBILITY FOR VISAS OR ADMISSION- Section 212(a)(2) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by
adding at the end the following new subparagraph:
`(G) FOREIGN GOVERNMENT OFFICIALS WHO HAVE ENGAGED IN
PARTICULARLY SEVERE VIOLATIONS OF RELIGIOUS FREEDOM- Any
alien who, while serving as a foreign government official,
was responsible for or directly carried out, at any time
during the preceding 24-month period, particularly severe
violations of religious freedom, as defined in section 3 of
the International Religious Freedom Act of 1998, and the
spouse and children, if any, are inadmissible.'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply
to aliens seeking to enter the United States on or after the date of
the enactment of this Act.
SEC. 605. STUDIES ON THE EFFECT OF EXPEDITED REMOVAL PROVISIONS ON
ASYLUM
CLAIMS.
(a) STUDIES-
(1) COMMISSION REQUEST FOR PARTICIPATION BY EXPERTS ON REFUGEE
AND ASYLUM ISSUES- If the Commission so requests, the Attorney
General shall invite experts designated by the Commission, who
are recognized for their expertise and knowledge of refugee and
asylum issues, to conduct a study, in cooperation with the
Comptroller General of the United States, to determine whether
immigration officers described in paragraph (2) are engaging in
any of the conduct described in such paragraph.
(2) DUTIES OF COMPTROLLER GENERAL- The Comptroller General of the
United States shall conduct a study alone or, upon request by the
Commission, in cooperation with experts designated by the
Commission, to determine whether immigration officers performing
duties under section 235(b) of the Immigration and Nationality
Act (8 U.S.C. 1225(b)) with respect to aliens who may be eligible
to be granted asylum are engaging in any of the following
conduct:
(A) Improperly encouraging such aliens to withdraw their
applications for admission.
(B) Incorrectly failing to refer such aliens for an
interview by an asylum officer for a determination of
whether they have a credible fear of persecution (within the
meaning of section 235(b)(1)(B)(v) of such Act).
(C) Incorrectly removing such aliens to a country where they
may be persecuted.
(D) Detaining such aliens improperly or in inappropriate
conditions.
(b) REPORTS-
(1) PARTICIPATION BY EXPERTS- In the case of a Commission request
under subsection (a), the experts designated by the Commission
under that subsection may submit a report to the committees
described in paragraph (2). Such report may be submitted with the
Comptroller General's report under subsection (a)(2) or
independently.
(2) DUTIES OF COMPTROLLER GENERAL- Not later than September 1,
2000, the Comptroller General of the United States shall submit
to the Committees on the Judiciary of the House of
Representatives and the Senate, the Committee on International
Relations of the House of Representatives, and the Committee on
Foreign Relations of the Senate a report containing the results
of the study conducted under subsection (a)(2). If the Commission
requests designated experts to participate with the Comptroller
General in the preparation and submission of the report, the
Comptroller General shall grant the request.
(c) ACCESS TO PROCEEDINGS-
(1) IN GENERAL- Except as provided in paragraph (2), to
facilitate the studies and reports, the Attorney General shall
permit the Comptroller General of the United States and, in the
case of a Commission request under subsection (a), the experts
designated under subsection (a) to have unrestricted access to
all stages of all proceedings conducted under section 235(b) of
the Immigration and Nationality Act.
(2) EXCEPTIONS- Paragraph (1) shall not apply in cases in which
the alien objects to such access, or the Attorney General
determines that the security of a particular proceeding would be
threatened by such access, so long as any restrictions on the
access of experts designated by the Commission under subsection
(a) do not contravene international law.
TITLE VII--MISCELLANEOUS PROVISIONS
SEC. 701. BUSINESS CODES OF CONDUCT.
(a) CONGRESSIONAL FINDING- Congress recognizes the increasing
importance of transnational corporations as global actors, and their
potential for providing positive leadership in their host countries in
the area of human rights.
(b) SENSE OF 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
END