H. R. 2431—14
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 appro-
priated 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 FREE-
DOM.
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 govern-
ments 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
H. R. 2431—15
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 Commis-
sion 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 viola-
tions described in subsection (a) by the government of a foreign
country—
(A) take one or more of the actions described in para-
graphs (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 commen-
surate 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 reli-
gious 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 offi-
cials thereof, that are responsible for such violations; and
(C) when appropriate, make every reasonable effort
to conclude a binding agreement concerning the cessation
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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 deter-
mining 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 reli-
gious 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 con-
tained 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 rec-
ommendations by the Commission with respect to the for-
eign country.
(C) IMPLEMENTATION.—Any review under subpara-
graph (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 respec-
tive year.
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(2) DETERMINATIONS
OF
RESPONSIBLE
PARTIES.—For the
government of each country designated as a country of particu-
lar 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 appro-
priately target Presidential actions under this section in
response.
(3) CONGRESSIONAL
NOTIFICATION.—Whenever the Presi-
dent 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 designa-
tion 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 agree-
ment 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 determina-
tion or taking any action under this title.
(B) STATUTORY CONSTRUCTION.—Nothing in this para-
graph 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;