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 PROGRESSThe
     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