added section 212(a)(2)(G) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(2)(G)), which 
made foreign government officials who commit par-
ticularly severe violations of religious freedom inad-
missible to the United States, but it has only been 
applied once, to deny entry to Narendra Modi, who 
was Chief Minister of Gujarat, India. In its 2015 
Annual Report, USCIRF recommends that the State 
Department: ‘‘Make greater efforts to ensure foreign 
government officials are denied entry into the United 
States due to their inadmissibility under U.S. law 
for their responsibility for religious freedom viola-
tions abroad.’’. The effectiveness of this law is also 
limited because it does not apply to non-state actors, 
such as international terrorists, and it can only be 
used to deny entry to a perpetrator who has not yet 
arrived in the United States, not to deport a perpe-
trator who has already entered the country. 
(17) In the 2015 USCIRF Annual Report, 
USCIRF recommended that the United States Gov-
ernment ‘‘should call for or support a referral by the 
UN Security Council to the International Criminal 
Court to investigate ISIL violations in Iraq and 
Syria against religious and ethnic minorities, fol-
lowing the models used in Sudan and Libya, or en-
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courage the Iraqi government to accept ICC jurisdic-
tion to investigate ISIL violations in Iraq after June 
2014’’. Given the weakness of the international 
criminal justice system, particularly that an ICC re-
ferral is subject to a UN Security Council veto, the 
United States Government should have the ability to 
prosecute members of ISIL in United States courts 
for crimes against humanity, including religious per-
secution. 
(18) Under United States law, it is a crime for 
a non-United States national to commit genocide, 
torture, terrorism, or several other violations of the 
law of nations, but it is not a crime under United 
States law to commit crimes against humanity, in-
cluding religious persecution. Since the United 
States Government is unable to prosecute perpetra-
tors of these crimes, many foreign war criminals 
have found safe haven in this country. 
(19) In 2006, the United States Government 
learned that Marko Boskic, a man who participated 
in the Srebrenica massacre in the Bosnian conflict, 
was living in Massachusetts. Rather than charging 
him with crimes against humanity, or religious per-
secution, Mr. Boskic was charged with visa fraud 
and sentenced to only 5 years in prison. 
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(20) There is bipartisan agreement about the 
need for the United States Government to promote 
and protect international human rights, including re-
ligious freedom. USCIRF is, by design, a bipartisan 
organization, with Commissioners appointed by the 
President and Congressional leaders. USCIRF can 
most effectively promote religious freedom on a bi-
partisan basis. 
(21) In its 2014 Annual Report entitled ‘‘Addi-
tional Opportunities to Reduce Fragmentation, 
Overlap, and Duplication and Achieve Other Finan-
cial Benefits’’, which identifies unnecessary duplica-
tion in the Federal Government, the Government Ac-
countability Office (referred to in this section as 
‘‘GAO’’)— 
(A) highlighted the lack of coordination 
and overlapping missions of USCIRF and the 
Office of International Religious Freedom in 
the Department of State; 
(B) found that ‘‘the lack of a definition re-
garding how State and the Commission are to 
interact has sometimes created foreign policy 
tensions that State has had to mitigate.’’; and 
(C) concluded that the lack of coordination 
between the USCIRF and the Department of 
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State may undermine the efforts of the United 
States Government to promote international re-
ligious freedom by sending mixed messages to 
foreign governments and human-rights activists 
who are fighting to defend religious freedom in 
their countries. 
(22) Congress, which is responsible for over-
seeing the work of USCIRF and ensuring that it is 
effectively pursuing its mission, should provide 
greater oversight of USCIRF’s practices, including 
addressing concerns regarding financial irregularities 
and the work environment for religious minorities. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the protection and promotion of inter-
national human rights, including religious freedom, 
should be an important priority for the United 
States Government; and 
(2) the United States Government should pur-
sue new strategies for protecting and promoting reli-
gious freedom throughout the world, including— 
(A) the creation of new tools— 
(i) to deter and punish the perpetra-
tors of particularly severe violations of reli-
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gious freedom, including non-state actors; 
and 
(ii) to protect the victims of such vio-
lations; and 
(B) increased diplomatic engagement that 
does not focus primarily on CPC designations. 
SEC. 3. ENHANCED PROTECTIONS FOR REFUGEES AND 
ASYLEES FLEEING RELIGIOUS PERSECUTION. 
(a) AUTHORITY TO DESIGNATE CERTAIN GROUPS OF 
REFUGEES FOR CONSIDERATION.—Section 207(c)(1) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1157(c)(1)) is amended— 
(1) by inserting ‘‘(A)’’ before ‘‘Subject to the 
numerical limitations’’; and 
(2) by adding at the end the following: 
‘‘(B)(i) The Secretary of State, in consultation 
with the Secretary of Homeland Security, may des-
ignate specifically defined groups of aliens— 
‘‘(I) whose resettlement in the United 
States is justified by humanitarian concerns or 
is otherwise in the national interest; and 
‘‘(II) who— 
‘‘(aa) share common characteristics 
that identify them as targets of persecu-
tion on account of race, religion, nation-
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ality, membership in a particular social 
group, or political opinion; or 
‘‘(bb) having been identified as targets 
under item (aa), share a common need for 
resettlement due to a specific vulnerability. 
‘‘(ii) An alien who establishes membership in a 
group designated under clause (i) to the satisfaction 
of the Secretary of Homeland Security shall be con-
sidered a refugee for purposes of admission as a ref-
ugee under this section unless the Secretary of State 
determines that such alien ordered, incited, assisted, 
or otherwise participated in the persecution of any 
person on account of race, religion, nationality, 
membership in a particular social group, or political 
opinion. 
‘‘(iii) A designation under clause (i) is for pur-
poses of adjudicatory efficiency and may be revoked 
by the Secretary of State at any time after notifica-
tion to Congress. 
‘‘(iv) Categories of aliens established under sec-
tion 599D(b) of the Foreign Operations, Export Fi-
nancing, and Related Programs Appropriations Act, 
1990 (Public Law 101–167; 8 U.S.C. 1157 note)— 
‘‘(I) shall be designated under clause (i) 
until the end of the first fiscal year commencing 
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after the date of the enactment of the FIRST 
Freedom Act; and 
‘‘(II) shall be eligible for designation there-
after at the discretion of the Secretary of State, 
considering, among other factors, whether a 
country under consideration has been des-
ignated as a country of particular concern 
under section 402 of International Religious 
Freedom Act of 1998 (22 U.S.C. 6442) for en-
gaging in or tolerating systematic, ongoing, and 
egregious violations of religious freedom. 
‘‘(v) A designation under clause (i) shall not in-
fluence decisions to grant, to any alien, asylum 
under 
section 
208, 
protection 
under 
section 
241(b)(3), or protection under the Convention 
Against Torture and Other Cruel, Inhuman or De-
grading Treatment or Punishment, done at New 
York December 10, 1984. 
‘‘(vi) A decision to deny admission under this 
section to an alien who establishes to the satisfaction 
of the Secretary of Homeland Security that the alien 
is a member of a group designated under clause (i) 
shall— 
‘‘(I) be in writing; and 
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‘‘(II) state, to the maximum extent fea-
sible, the reason for the denial. 
‘‘(vii) Refugees admitted pursuant to a designa-
tion under clause (i)— 
‘‘(I) shall be subject to the numerical limi-
tations under subsection (a); and 
‘‘(II) shall be admissible under this sec-
tion.’’. 
(b) TIME LIMITS FOR FILING FOR ASYLUM.—Section 
208(a)(2) of the Immigration and Nationality Act (8 
U.S.C. 1158(a)(2)) is amended— 
(1) in subparagraph (A), by inserting ‘‘or the 
Secretary of Homeland Security’’ after ‘‘Attorney 
General’’ both places such term appears; 
(2) by striking subparagraphs (B) and (D); 
(3) by redesignating subparagraph (C) as sub-
paragraph (B); 
(4) in subparagraph (B), as redesignated, by 
striking ‘‘subparagraph (D)’’ and inserting ‘‘sub-
paragraphs (C) and (D)’’; and 
(5) by inserting after subparagraph (B), as re-
designated, the following: 
‘‘(C) CHANGED
CIRCUMSTANCES.—Not-
withstanding subparagraph (B), an application 
for asylum of an alien may be considered if the 
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alien demonstrates, to the satisfaction of the 
Attorney General or the Secretary of Homeland 
Security, 
the 
existence 
of 
changed 
cir-
cumstances that materially affect the appli-
cant’s eligibility for asylum. 
‘‘(D) MOTION TO REOPEN CERTAIN MERI-
TORIOUS
CLAIMS.—Notwithstanding subpara-
graph (B) or section 240(c)(7), an alien may 
file a motion to reopen an asylum claim during 
the 2-year period beginning on the date of the 
enactment of the FIRST Freedom Act if the 
alien— 
‘‘(i) was denied asylum based solely 
upon a failure to meet the 1-year applica-
tion filing deadline in effect on the date on 
which the application was filed; 
‘‘(ii) was granted withholding of re-
moval pursuant to section 241(b)(3) and 
has not obtained lawful permanent resi-
dence in the United States pursuant to any 
other provision of law; 
‘‘(iii) is not subject to the safe third 
country exception under subparagraph (A) 
or a bar to asylum under subsection (b)(2) 
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and should not be denied asylum as a mat-
ter of discretion; and 
‘‘(iv) is physically present in the 
United States when the motion is filed.’’. 
(c) CONDITIONS FOR GRANTING ASYLUM.—Section 
208(b)(1)(B)(i) of the Immigration and Nationality Act 
(8 U.S.C. 1158(b)(1)(B)(i)) is amended by striking ‘‘at 
least one central reason for persecuting the applicant’’ and 
inserting ‘‘a factor in the applicant’s persecution or fear 
of persecution’’. 
(d) STUDY ON THE EFFECT OF EXPEDITED RE-
MOVAL AND PROCESSING DELAYS ON ASYLUM CLAIMS.— 
(1) STUDY.— 
(A) DEFINITIONS.—In this paragraph— 
(i) the term ‘‘asylum officer’’ means 
an immigration officer performing duties 
under section 235(b) of the Immigration 
and Nationality Act (8 U.S.C. 1225(b)) 
with respect to aliens who— 
(I) are apprehended after enter-
ing the United States; and 
(II) may be eligible to apply for 
asylum under section 208 or 235 of 
such Act; and 
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(ii) the term ‘‘improper conduct’’ 
means conduct whereby an asylum offi-
cer— 
(I) improperly encourages an 
alien described in clause (i) to with-
draw or retract claims for asylum; 
(II) incorrectly fails to refer such 
an alien for an interview by an asylum 
officer to determine whether the alien 
has a credible fear of persecution (as 
defined in section 235(b)(1)(B)(v) of 
such 
Act 
(8 
U.S.C. 
1225(b)(1)(B)(v))); 
(III) incorrectly removes such an 
alien to a country in which the alien 
may be persecuted; or 
(IV) detains such an alien im-
properly or under inappropriate condi-
tions. 
(B) AUTHORIZATION.—The United States 
Commission on International Religious Free-
dom (referred to in this section as the ‘‘Com-
mission’’) is authorized to conduct a study to 
determine— 
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ment of Homeland Security, the Depart-
ment of Justice, and the Government Ac-
countability Office who have significant ex-
pertise and knowledge of refugee and asy-
lum issues. 
(ii) DESIGNATION.—At the request of 
the Commission, the Secretary of Home-
land Security, the Attorney General, and 
the Comptroller General of the United 
States shall authorize staff identified under 
subparagraph (A) to assist the Commission 
in conducting the study under paragraph 
(1). 
(B) ADDITIONAL
STAFF.—The Commis-
sion may hire additional staff and consultants 
to conduct the study under paragraph (1). 
(C) ACCESS TO PROCEEDINGS.— 
(i) IN GENERAL.—Except as provided 
in clause (ii), the Secretary of Homeland 
Security and the Attorney General shall 
provide staff designated under subpara-
graph (A) or hired under subparagraph 
(B) with unrestricted access to all stages 
of all proceedings conducted under section 
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235(b) of the Immigration and Nationality 
Act (8 U.S.C. 1225(b)). 
(ii) EXCEPTIONS.—The Secretary of 
Homeland Security and the Attorney Gen-
eral may not permit unrestricted access 
under clause (i) if— 
(I) the alien subject to a pro-
ceeding under such section 235(b) ob-
jects to such access; or 
(II) the Secretary or Attorney 
General determines that the security 
of a particular proceeding would be 
threatened by such access. 
SEC. 4. ACCOUNTABILITY FOR SEVERE VIOLATIONS OF 
INTERNATIONAL RELIGIOUS FREEDOM. 
(a) PARTICULARLY SEVERE VIOLATIONS OF RELI-
GIOUS FREEDOM.— 
(1) INADMISSIBILITY.—Section 212(a)(2)(G) of 
the Immigration and Nationality Act (8 U.S.C. 
1182(a)(2)(G)) is amended to read as follows: 
‘‘(G) ALIENS WHO HAVE COMMITTED PAR-
TICULARLY SEVERE VIOLATIONS OF RELIGIOUS 
FREEDOM.—Any alien who was responsible for, 
or directly carried out, at any time, particularly 
severe violations of religious freedom (as de-
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fined in section 3 of the International Religious 
Freedom Act of 1998 (22 U.S.C. 6402)) is in-
admissible.’’. 
(2) REMOVABILITY.—Section 237(a)(4)(E) of 
the Immigration and Nationality Act (8 U.S.C. 
1227(a)(4)(E)) is amended to read as follows: 
‘‘(E) ALIENS WHO HAVE COMMITTED PAR-
TICULARLY SEVERE VIOLATIONS OF RELIGIOUS 
FREEDOM.—Any alien who was responsible for, 
or directly carried out, at any time, particularly 
severe violations of religious freedom (as de-
fined in section 3 of the International Religious 
Freedom Act of 1998 (22 U.S.C. 6402)) is de-
portable.’’. 
(b) RELIGIOUS PERSECUTION.—Chapter 118 of title 
18, United States Code, is amended by adding at the end 
the following: 
‘‘§ 2443. Religious persecution 
‘‘(a) OFFENSE.—Any person who outside the United 
States commits, or attempts or conspires to commit, reli-
gious persecution— 
‘‘(1) shall be fined under this title, imprisoned 
for not more than 20 years, or both; and 
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‘‘(2) if the death of any person results from the 
violation of this subsection, shall be fined under this 
title and imprisoned for any term of years or for life. 
‘‘(b) JURISDICTION.—There is jurisdiction over an 
offense under subsection (a), and any attempt or con-
spiracy to commit such an offense, if— 
‘‘(1) the victim is a United States person; 
‘‘(2) the offender is a United States person or 
an alien residing in the United States, regardless of 
whether the alien is lawfully admitted for permanent 
residence; 
‘‘(3) the offender is a stateless person whose 
habitual residence is in the United States; or 
‘‘(4) after the conduct required for the offense 
occurs, the offender is brought into or found in the 
United States, even if the conduct required for the 
offense occurs outside the United States. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) ADMISSION
TO
THE
UNITED
STATES; 
ALIEN; IMMIGRANT; LAWFULLY ADMITTED FOR PER-
MANENT
RESIDENCE; NONIMMIGRANT.—The terms 
‘admission to the United States’, ‘alien’, ‘immi-
grant’, ‘lawfully admitted for permanent residence’, 
and ‘nonimmigrant’ have the meanings given such 
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terms in section 101(a) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)). 
‘‘(2) RELIGIOUS PERSECUTION.—The term ‘re-
ligious persecution’ means conduct that— 
‘‘(A) is intended— 
‘‘(i) to obstruct any person in the free 
exercise of religious belief or practice; or 
‘‘(ii) to terrorize or coerce any person 
because of the actual or perceived religion 
of any person; and 
‘‘(B) if the conduct described in subpara-
graph (A) occurred in the United States or in 
the special maritime and territorial jurisdiction 
of the United States, would violate— 
‘‘(i) section 81 (relating to arson); 
‘‘(ii) section 1111 (relating to mur-
der); 
‘‘(iii) section 1201(a) (relating to kid-
napping), regardless of whether the of-
fender is the parent of the victim; 
‘‘(iv) section 1203 (relating to hostage 
taking), notwithstanding any exception 
under subsection (b) of such section; 
‘‘(v) section 1581(a) (relating to peon-
age); 
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‘‘(vi) section 1583(a)(1) (relating to 
kidnapping or carrying away individuals 
for involuntary servitude or slavery); 
‘‘(vii) section 1584(a) (relating to sale 
into involuntary servitude); 
‘‘(viii) section 1589(a) (relating to 
forced labor); 
‘‘(ix) section 1590(a) (relating to traf-
ficking with respect to peonage, slavery, in-
voluntary servitude, or forced labor); 
‘‘(x) section 1591(a) (relating to sex 
trafficking of children or by force, fraud, 
or coercion); 
‘‘(xi) section 2241(a) (relating to ag-
gravated sexual abuse by force or threat); 
‘‘(xii) section 2242 (relating to sexual 
abuse); or 
‘‘(xiii) section 2340A (relating to tor-
ture), regardless of whether the offender is 
acting under color of law. 
‘‘(3) UNITED
STATES
PERSON.—The term 
‘United States person’ has the meaning given such 
term in section 3077.’’. 
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