In the Senate of the United States,
October 9 (legislative day, October 2), 1998.
Resolved, That the bill from the House of Representa-
tives (H.R. 2431) entitled ‘‘An Act to establish an Office of
Religious Persecution Monitoring, to provide for the imposi-
tion of sanctions against countries engaged in a pattern of re-
ligious persecution, and for other purposes.’’, do pass with
the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
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.
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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 reli-
gious 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 reli-
gious 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.
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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 persecu-
tion 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 reli-
gious freedom and honored this heritage by standing
for religious freedom and offering refuge to those suf-
fering religious persecution.
(2) Freedom of religious belief and practice is a
universal human right and fundamental freedom ar-
ticulated in numerous international instruments, in-
cluding 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 Dis-
crimination Based on Religion or Belief, the United
Nations Charter, and the European Convention for
the Protection of Human Rights and Fundamental
Freedoms.
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(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 Cov-
enant on Civil and Political Rights recognizes that
‘‘Everyone shall have the right to freedom of thought,
conscience, and religion. This right shall include free-
dom to have or to adopt a religion or belief of his
choice, and freedom, either individually or in commu-
nity 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 fun-
damental 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 re-
newed 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
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restrict or prohibit the freedom of their citizens to
study, believe, observe, and freely practice the reli-
gious faith of their choice. Religious believers and
communities suffer both government-sponsored and
government-tolerated violations of their rights to reli-
gious freedom. Among the many forms of such viola-
tions 
are 
state-sponsored 
slander 
campaigns,
confiscations of property, surveillance by security po-
lice, including by special divisions of ‘‘religious po-
lice’’, severe prohibitions against construction and re-
pair of places of worship, denial of the right to assem-
ble and relegation of religious communities to illegal
status through arbitrary registration laws, prohibi-
tions 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 se-
cretly, and religious leaders are targeted by national
security forces and hostile mobs.
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cational, 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 ‘‘Ambas-
sador at Large’’ means the Ambassador at Large for
International Religious Freedom appointed under sec-
tion 101(b).
(2) ANNUAL REPORT.—The term ‘‘Annual Re-
port’’ means the Annual Report on International Re-
ligious Freedom described in section 102(b).
(3) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ 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 de-
scribed in subparagraph (A) and, where appro-
priate, the Committee on Banking and Financial
Services of the House of Representatives and the
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Committee on Banking, Housing, and Urban Af-
fairs of the Senate.
(4) COMMENSURATE ACTION.—The term ‘‘com-
mensurate action’’ means action taken by the Presi-
dent under section 405(b).
(5) 
COMMISSION.—The 
term 
‘‘Commission’’
means the United States Commission on Inter-
national Religious Freedom established in section
201(a).
(6) COUNTRY REPORTS ON HUMAN RIGHTS PRAC-
TICES.—The term ‘‘Country Reports on Human
Rights Practices’’ means the annual reports required
to be submitted by the Department of State to Con-
gress under sections 116(d) and 502B(b) of the For-
eign Assistance Act of 1961.
(7) EXECUTIVE SUMMARY.—The term ‘‘Executive
Summary’’ means the Executive Summary to the An-
nual Report, as described in section 102(b)(1)(F).
(8) GOVERNMENT OR FOREIGN GOVERNMENT.—
The term ‘‘government’’ or ‘‘foreign government’’ in-
cludes any agency or instrumentality of the govern-
ment.
(9) 
HUMAN
RIGHTS
REPORTS.—The 
term
‘‘Human Rights Reports’’ means all reports submitted
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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 Of-
fice on International Religious Freedom established in
section 101(a).
(11) PARTICULARLY SEVERE VIOLATIONS OF RE-
LIGIOUS
FREEDOM.—The term ‘‘particularly severe
violations of religious freedom’’ means systematic, on-
going, egregious violations of religious freedom, in-
cluding 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 Ad-
viser’’ 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 viola-
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tions of the internationally recognized right to free-
dom 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 ac-
tivities such as worship, preaching, and
prayer, including arbitrary registration re-
quirements,
(ii) speaking freely about one’s reli-
gious beliefs,
(iii) changing one’s religious beliefs
and affiliation,
(iv) possession and distribution of reli-
gious literature, including Bibles, or
(v) raising one’s children in the reli-
gious 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
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conversion, beating, torture, mutilation, rape,
enslavement, murder, and execution.
TITLE I—DEPARTMENT OF
STATE ACTIVITIES
SEC. 101. OFFICE ON INTERNATIONAL RELIGIOUS FREE-
DOM; AMBASSADOR AT LARGE FOR INTER-
NATIONAL 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 viola-
tion of that right, and to recommend appropriate re-
sponses 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
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Secretary of State regarding matters affecting reli-
gious freedom abroad and, with advice from the Com-
mission on International Religious Freedom, shall
make recommendations regarding—
(A) the policies of the United States Govern-
ment toward governments that violate the free-
dom of religion or that fail to ensure the individ-
ual’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 rep-
resent 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.
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(4) REPORTING RESPONSIBILITIES.—The Ambas-
sador at Large shall have the reporting responsibil-
ities described in section 102.
(d) FUNDING.—The Secretary of State shall provide
the Ambassador at Large with such funds as may be nec-
essary 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 RE-
PORTS.—The Ambassador at Large shall assist the Sec-
retary of State in preparing those portions of the Human
Rights Reports that relate to freedom of religion and free-
dom from discrimination based on religion and those por-
tions 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 Sec-
retary of State, with the assistance of the Ambassador
at Large, and taking into consideration the rec-
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ommendations of the Commission, shall prepare and
transmit to Congress an Annual Report on Inter-
national Religious Freedom supplementing the most
recent Human Rights Reports by providing addi-
tional detailed information with respect to matters
involving international religious freedom. Each An-
nual 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 reli-
gious freedom and trends toward deteriora-
tion of such right;
(ii) violations of religious freedom en-
gaged 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 re-
ligious group by another religious group, reli-
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gious persecution by governmental and non-
governmental entities, persecution targeted at in-
dividuals 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, or-
ganized 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 descrip-
tion 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
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violations of religious freedom and in support of
international religious freedom.
(D) INTERNATIONAL
AGREEMENTS
IN
EF-
FECT.—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 GOVERN-
MENT 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, refu-
gee, immigration, and asylum officers; and
(ii) the development and implementa-
tion 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 ac-
tively promoting religious freedom. This sec-
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tion of the report shall include a description
of United States actions taken to promote
the internationally recognized right to free-
dom of religion and oppose violations of
such right under title IV and title V of this
Act during the period covered by the An-
nual Report. Any country designated as a
country of particular concern for religious
freedom under section 402(b)(1) shall be in-
cluded in this section of the report.
(ii) COUNTRIES
OF
SIGNIFICANT
IM-
PROVEMENT IN RELIGIOUS FREEDOM.—An
identification of foreign countries the gov-
ernments of which have demonstrated sig-
nificant improvement in the protection and
promotion of the internationally recognized
right to freedom of religion during the pe-
riod covered by the Annual Report. This
section of the report shall include a descrip-
tion 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
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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), in-
cluding 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 VIOLA-
TIONS OF RELIGIOUS FREEDOM.—
(1) STANDARDS AND INVESTIGATIONS.—The Sec-
retary of State shall ensure that United States mis-
sions abroad maintain a consistent reporting stand-
ard and thoroughly investigate reports of violations of
the internationally recognized right to freedom of reli-
gion.
(2) CONTACTS WITH NONGOVERNMENTAL ORGA-
NIZATIONS.—In compiling data and assessing the re-
spect 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 appro-
priate, seek out and maintain contacts with religious
and human rights nongovernmental organizations,
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with the consent of those organizations, including re-
ceiving reports and updates from such organizations
and, when appropriate, investigating such reports.
(d) AMENDMENTS
TO
THE FOREIGN ASSISTANCE
ACT.—
(1) CONTENT OF HUMAN RIGHTS REPORTS FOR
COUNTRIES RECEIVING ECONOMIC ASSISTANCE.—Sec-
tion 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 para-
graph (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 Inter-
national Religious Freedom Act of 1998).’’.
(2) CONTENTS OF HUMAN RIGHTS REPORTS FOR
COUNTRIES RECEIVING SECURITY ASSISTANCE.—Sec-
tion 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 Reli-
gious Freedom’’ after ‘‘Labor’’; and
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(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 par-
ticularly severe violations of religious freedom
(as defined in section 3 of the International Reli-
gious Freedom Act of 1998).’’.
SEC. 103. ESTABLISHMENT OF A RELIGIOUS FREEDOM
INTERNET SITE.
In order to facilitate access by nongovernmental orga-
nizations (NGOs) and by the public around the world to
international documents on the protection of religious free-
dom, the Secretary of State, with the assistance of the Am-
bassador at Large, shall establish and maintain an Internet
site containing major international documents relating to
religious freedom, the Annual Report, the Executive Sum-
mary, 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
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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 pro-
vided after January 1, 1999, for officers of the Service, in-
cluding chiefs of mission, instruction in the field of inter-
nationally recognized human rights. Such training shall in-
clude—
‘‘(1) instruction on international documents and
United States policy in human rights, which shall be
mandatory for all members of the Service having re-
porting responsibilities relating to human rights and
for chiefs of mission; and
‘‘(2) instruction on the internationally recog-
nized right to freedom of religion, the nature, activi-
ties, and beliefs of different religions, and the various
aspects and manifestations of violations of religious
freedom.’’.
SEC. 
105. 
HIGH-LEVEL 
CONTACTS 
WITH 
NONGOVERN-
MENTAL ORGANIZATIONS.
United States chiefs of mission shall seek out and con-
tact religious nongovernmental organizations to provide
high-level meetings with religious nongovernmental organi-
zations where appropriate and beneficial. United States
chiefs of mission and Foreign Service officers abroad shall
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seek to meet with imprisoned religious leaders where appro-
priate and beneficial.
SEC. 106. PROGRAMS AND ALLOCATIONS OF FUNDS BY
UNITED STATES MISSIONS ABROAD.
It is the sense of Congress that—
(1) United States diplomatic missions in coun-
tries 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 reli-
gion; and
(2) in allocating or recommending the allocation
of funds or the recommendation of candidates for pro-
grams and grants funded by the United States Gov-
ernment, 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 AC-
TIVITIES.
(a) IN GENERAL.—Subject to this section, the Sec-
retary of State shall permit, on terms no less favorable than
that accorded other nongovernmental activities unrelated to
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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 request-
ing 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, orga-
nized 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 NATION-
ALS.—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.
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SEC. 108. PRISONER LISTS AND ISSUE BRIEFS ON RELI-
GIOUS FREEDOM CONCERNS.
(a) SENSE OF CONGRESS.—To encourage involvement
with religious freedom concerns at every possible oppor-
tunity and by all appropriate representatives of the United
States Government, it is the sense of Congress that officials
of the executive branch of Government should promote in-
creased advocacy on such issues during meetings between
foreign dignitaries and executive branch officials or Mem-
bers of Congress.
(b) PRISONER LISTS AND ISSUE BRIEFS ON RELI-
GIOUS 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 ex-
perts, 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 respec-
tive country restricting religious freedom. In considering
the inclusion of names of prisoners on such lists, the Sec-
retary of State shall exercise appropriate discretion, includ-
ing concerns regarding the safety, security, and benefit to
such prisoners.
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(c) AVAILABILITY OF INFORMATION.—The Secretary
shall, as appropriate, provide religious freedom issue briefs
under subsection (b) to executive branch officials and Mem-
bers 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) GENERALLY.—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) 9 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) 3 members of the Commission shall
be appointed by the President.
(ii) 3 members of the Commission shall
be appointed by the President pro tempore
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of the Senate, of which 2 of the members
shall be appointed upon the recommenda-
tion of the leader in the Senate of the politi-
cal party that is not the political party of
the President, and of which 1 of the mem-
bers shall be appointed upon the rec-
ommendation of the leader in the Senate of
the other political party.
(iii) 3 members of the Commission
shall be appointed by the Speaker of the
House of Representatives, of which 2 of the
members shall be appointed upon the rec-
ommendation of the leader in the House of
the political party that is not the political
party of the President, and of which 1 of the
members shall be appointed upon the rec-
ommendation of the leader in the House of
the other political party.
(2) SELECTION.—
(A) IN GENERAL.—Members of the Commis-
sion shall be selected among distinguished indi-
viduals noted for their knowledge and experience
in fields relevant to the issue of international re-
ligious freedom, including foreign affairs, direct
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experience abroad, human rights, and inter-
national 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 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 mem-
bers 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 busi-
ness.
(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.
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(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 Com-
mission 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 al-
lowed travel expenses, including per diem in lieu of subsist-
ence 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
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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 RE-
SPONSE 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 en-
gaged in or tolerated violations of religious freedom, includ-
ing particularly severe violations of religious freedom, in-
cluding diplomatic inquiries, diplomatic protest, official
public protest demarche of protest, condemnation within
multilateral fora, delay or cancellation of cultural or sci-
entific exchanges, delay or cancellation of working, official,
or state visits, reduction of certain assistance funds, termi-
nation 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 RE-
SPONSE TO PROGRESS.—The Commission, in evaluating
the United States Government policies with respect to coun-
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tries found to be taking deliberate steps and making signifi-
cant improvement in respect for the right of religious free-
dom, shall consider and recommend policy options, includ-
ing private commendation, diplomatic commendation, offi-
cial public commendation, commendation within multilat-
eral fora, an increase in cultural or scientific exchanges,
or both, termination or reduction of existing Presidential
actions, an increase in certain assistance funds, and invita-
tions for working, official, or state visits.
(d) EFFECTS ON RELIGIOUS COMMUNITIES AND INDI-
VIDUALS.—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 ongo-
ing basis, monitor facts and circumstances of violations of
religious freedom, in consultation with independent human
rights groups and nongovernmental organizations, includ-
ing churches and other religious communities, and make
such recommendations as may be necessary to the appro-
priate 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,
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hold hearings, sit and act at times and places in the United
States, take testimony, and receive evidence as the Commis-
sion 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 rec-
ommendations 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 sum-
mary of recommendations, if the classification of informa-
tion would further the purposes of this Act.
(c) INDIVIDUAL OR DISSENTING VIEWS.—Each mem-
ber of the Commission may include the individual or dis-
senting 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 appro-
priated to the Commission $3,000,000 for each of the fiscal
years 1999 and 2000 to carry out the provisions of this
title.
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(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 ini-
tial appointment of all of the Commissioners.
TITLE III—NATIONAL SECURITY
COUNCIL
SEC. 301. SPECIAL ADVISER ON INTERNATIONAL RELI-
GIOUS 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 Spe-
cial 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 free-
dom (as defined in section 3 of the International Religious
Freedom Act of 1998), and making policy recommenda-
tions. The Special Adviser should serve as liaison with the
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Ambassador at Large for International Religious Freedom,
the United States Commission on International Religious
Freedom, Congress and, as advisable, religious nongovern-
mental organizations.’’.
TITLE IV—PRESIDENTIAL
ACTIONS
Subtitle I—Targeted Responses to
Violations of Religious Freedom
Abroad
SEC. 401. PRESIDENTIAL ACTIONS IN RESPONSE TO VIOLA-
TIONS OF RELIGIOUS FREEDOM.
(a) RESPONSE TO VIOLATIONS OF RELIGIOUS FREE-
DOM.—
(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 ac-
tions described in subsection (b).
(B) REQUIREMENT
OF
PRESIDENTIAL
AC-
TION.—For each foreign country the government
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of which engages in or tolerates violations of reli-
gious freedom, the President shall oppose such
violations and promote the right to freedom of
religion in that country through the actions de-
scribed in subsection (b).
(2) BASIS
OF
ACTIONS.—Each action taken
under paragraph (1)(B) shall be based upon informa-
tion regarding violations of religious freedom, as de-
scribed 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 recommenda-
tions 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 Ad-
viser, and the Commission, shall, as expeditiously as
practicable in response to the violations described in
subsection (a) by the government of a foreign coun-
try—
(A) take one or more of the actions de-
scribed in paragraphs (1) through (15) of section
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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 ac-
tion under any of the paragraphs (1) through (15) of
section 405(a) (or commensurate action in substi-
tution thereto) with respect to each foreign country
the government of which has engaged in or tolerated
violations of religious freedom at any time since Sep-
tember 1 of the preceding year, except that in the case
of action under any of the paragraphs (9) through
(15) of section 405(a) (or commensurate action in
substitution thereto)—
(A) the action may only be taken after the re-
quirements of sections 403 and 404 have been satis-
fied; 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 the paragraphs (9)
through (15) of section 405(a) (or commensurate ac-
tion in substitution thereto) if he determines and cer-
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tifies 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 particu-
lar 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 ap-
propriately respond to the nature and severity of
the violations of religious freedom;
(B) seek to the fullest extent possible to tar-
get action as narrowly as practicable with re-
spect to the agency or instrumentality of the for-
eign government, or specific officials thereof, that
are responsible for such violations; and
(C) when appropriate, make every reason-
able effort to conclude a binding agreement con-
cerning the cessation of such violations in coun-
tries with which the United States has diplo-
matic relations.
(2) GUIDELINES FOR PRESIDENTIAL ACTIONS.—
In addition to the guidelines under paragraph (1),
the President, in determining whether to take a Presi-
dential action under paragraphs (9) through (15) of
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section 405(a) (or commensurate action in substi-
tution 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 organiza-
tions in such country.
SEC. 402. PRESIDENTIAL ACTIONS IN RESPONSE TO PAR-
TICULARLY SEVERE VIOLATIONS OF RELI-
GIOUS FREEDOM.
(a) RESPONSE TO PARTICULARLY SEVERE VIOLATIONS
OF RELIGIOUS FREEDOM.—
(1) UNITED STATES POLICY.—It shall be the pol-
icy of the United States—
(A) to oppose particularly severe viola-
tions of religious freedom that are or have
been engaged in or tolerated by the govern-
ments of foreign countries; and
(B) to promote the right to freedom of
religion in those countries through the ac-
tions described in subsection (c).
(2) REQUIREMENT OF PRESIDENTIAL ACTION.—
Whenever the President determines that the govern-
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ment 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 Septem-
ber 1 of each year, the President shall review the
status of religious freedom in each foreign coun-
try 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 free-
dom.
(B) BASIS OF REVIEW.—Each review con-
ducted under subparagraph (A) shall be based
upon information contained in the latest Coun-
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try Reports on Human Rights Practices, the An-
nual Report, and on any other evidence available
and shall take into account any findings or rec-
ommendations 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
PAR-
TIES.—For the government of each country designated
as a country of particular concern for religious free-
dom 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 free-
dom 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 para-
graph (1)(A), the President shall, as soon as prac-
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ticable 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 COUN-
TRIES OF PARTICULAR CONCERN FOR RELIGIOUS FREE-
DOM.—
(1) IN
GENERAL.—Subject to paragraphs (2),
(3), and (4) with respect to each country of particular
concern for religious freedom designated under sub-
section (b)(1)(A), the President shall, after the re-
quirements of sections 403 and 404 have been satis-
fied, but not later than 90 days (or 180 days in case
of a delay under paragraph (3)) after the date of des-
ignation of the country under that subsection, carry
out one or more of the following actions under sub-
paragraph (A) or subparagraph (B):
(A) PRESIDENTIAL ACTIONS.—One or more
of the Presidential actions described in para-
graphs (9) through (15) of section 405(a), as de-
termined by the President.
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(B) COMMENSURATE ACTIONS.—Commensu-
rate action in substitution to any action de-
scribed 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—
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(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 nego-
tiations 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 AC-
TION.—The President shall not be required to take ac-
tion pursuant to this subsection in the case of a coun-
try 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;
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(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 in-
formation 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 deter-
mines satisfy the requirements of this subsection.
The sanctions so designated shall remain in ef-
fect 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
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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 Assist-
ance 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 re-
sponse 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 govern-
ment of such country regarding the violations
giving rise to designation of that country as a
country of particular concern for religious free-
dom or to Presidential action under section 401;
and
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(B) if agreed to, enter into such consulta-
tions, privately or publicly.
(2) USE OF MULTILATERAL FORA.—If the Presi-
dent determines it to be appropriate, such consulta-
tions may be sought and may occur in a multilateral
forum, but, in any event, the President shall consult
with appropriate foreign governments for the pur-
poses of achieving a coordinated international policy
on actions that may be taken with respect to a coun-
try described in subsection (a), prior to implementing
any such action.
(3) ELECTION OF NONDISCLOSURE OF NEGOTIA-
TIONS 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 ne-
gotiations or agreement would jeopardize the negotia-
tions or the implementation of such agreement, as the
case may be, the President may refrain from disclos-
ing such negotiations and such agreement to the pub-
lic, except that the President shall inform the appro-
priate congressional committees of the nature and ex-
tent of such negotiations and any agreement reached.
(c) DUTY TO CONSULT WITH HUMANITARIAN ORGANI-
ZATIONS.—The President should consult with appropriate
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humanitarian and religious organizations concerning the
potential impact of United States policies to promote free-
dom of religion in countries described in subsection (a).
(d) DUTY TO CONSULT WITH UNITED STATES INTER-
ESTED PARTIES.—The President shall, as appropriate, con-
sult with United States interested parties as to the potential
impact of intended Presidential action or actions in coun-
tries described in subsection (a) on economic or other inter-
ests 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 free-
dom and the President decides to take action under para-
graphs (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
AC-
TIONS.—An identification of the Presidential action
or actions described in paragraphs (9) through (15)
of section 405(a) (or commensurate action in substi-
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tution 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 de-
scription of the purpose of the Presidential action or
actions.
(4) EVALUATION.—
(A) DESCRIPTION.—An evaluation, in con-
sultation with the Secretary of State, the Ambas-
sador at Large, the Commission, the Special Ad-
viser, the parties described in section 403 (c) and
(d), and whoever else the President deems appro-
priate, of—
(i) the impact upon the foreign govern-
ment;
(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
DISCLO-
SURE.—The President may withhold part or all
of such evaluation from the public but shall pro-
vide the entire evaluation to Congress.
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(5) STATEMENT OF POLICY OPTIONS.—A state-
ment that noneconomic policy options designed to
bring about cessation of the particularly severe viola-
tions of religious freedom have reasonably been ex-
hausted, including the consultations required in sec-
tion 403.
(6) DESCRIPTION OF MULTILATERAL NEGOTIA-
TIONS.—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 Con-
gress, 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 section
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.—Ex-
cept 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.
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(4) A public condemnation within one or more
multilateral fora.
(5) The delay or cancellation of one or more sci-
entific exchanges.
(6) The delay or cancellation of one or more cul-
tural 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 Cor-
poration, or the Trade and Development Agency not
to approve the issuance of any (or a specified number
of) guarantees, insurance, extensions of credit, or par-
ticipations in the extension of credit with respect to
the specific government, agency, instrumentality, or
official found or determined by the President to be re-
sponsible for violations under section 401 or 402.
(11) The withdrawal, limitation, or suspension
of United States security assistance in accordance
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with section 502B of the Foreign Assistance Act of
1961.
(12) Consistent with section 701 of the Inter-
national 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 govern-
ment, agency, instrumentality, or official found or de-
termined by the President to be responsible for viola-
tions 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 au-
thorities), 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 Gov-
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ernment as a condition for the export or reexport
of goods or services.
(14) Prohibiting any United States financial in-
stitution from making loans or providing credits to-
taling more than $10,000,000 in any 12-month pe-
riod to the specific foreign government, agency, in-
strumentality, or official found or determined by the
President to be responsible for violations under sec-
tion 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 ac-
tion authorized by law for any action described in para-
graphs (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 ac-
tion is taken, the President shall report such action, together
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with an explanation for taking such action, to the appro-
priate congressional committees.
(c) BINDING AGREEMENTS.—The President may nego-
tiate 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 Presi-
dent in responding to a foreign government that has en-
gaged in or tolerated particularly severe violations of reli-
gious freedom.
(d) EXCEPTIONS.—Any action taken pursuant to sub-
section (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 main-
tain 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;
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(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 sup-
plier 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 con-
tracts entered into before the date on which the Presi-
dent publishes his intention to take the Presidential
action.
SEC. 407. PRESIDENTIAL WAIVER.
(a) IN GENERAL.—Subject to subsection (b), the Presi-
dent may waive the application of any of the actions de-
scribed in paragraphs (9) through (15) of section 405(a)
(or commensurate action in substitution thereto) with re-
spect to a country, if the President determines and so re-
ports to the appropriate congressional committees that—
(1) the respective foreign government has ceased
the violations giving rise to the Presidential action;
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(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 Presi-
dent shall cause to be published in the Federal Register the
following:
(1) DETERMINATIONS OF GOVERNMENTS, OFFI-
CIALS, 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 ac-
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tion 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 deter-
minations described in section 654(c) of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2414(c)), if the President deter-
mines that the publication of information under this sec-
tion—
(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 re-
spect 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 ex-
pressly reauthorized by law.
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(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 Presi-
dential 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 para-
graph (2) and inserting ‘‘; and’’; and
(4) by adding at the end the following new para-
graph:
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‘‘(3) whether the government—
‘‘(A) has engaged in or tolerated particu-
larly severe violations of religious freedom, as de-
fined 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 sec-
tion 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 coun-
try engages in a consistent pattern of gross violations of
internationally recognized human rights, the President
shall give particular consideration to whether the govern-
ment—
‘‘(A) has engaged in or tolerated particularly se-
vere violations of religious freedom, as defined in sec-
tion 3 of the International Religious Freedom Act of
1998; or
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‘‘(B) has failed to undertake serious and sus-
tained 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 Institu-
tions 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 coun-
try engages in a pattern of gross violations of internation-
ally 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 se-
vere violations of religious freedom, as defined in sec-
tion 3 of the International Religious Freedom Act of
1998; or
‘‘(2) has failed to undertake serious and sus-
tained efforts to combat particularly severe violations
of religious freedom when such efforts could have been
reasonably undertaken.’’.
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SEC. 423. EXPORTS OF CERTAIN ITEMS USED IN PARTICU-
LARLY 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 equip-
ment 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 in-
tended 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 instru-
ments or equipment under section 502B(a)(2) of the For-
eign Assistance Act of 1961 (22 U.S.C. 2304(a)(2)) shall
apply to the export and reexport of any item included pur-
suant to subsection (a) on the list of crime control instru-
ments.
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TITLE V—PROMOTION OF
RELIGIOUS FREEDOM
SEC. 501. ASSISTANCE FOR PROMOTING RELIGIOUS FREE-
DOM.
(a) FINDINGS.—Congress makes the following findings:
(1) In many nations where severe violations of
religious freedom occur, there is not sufficient statu-
tory 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 as-
sistance, the United States should make a priority of
promoting and developing legal protections and cul-
tural respect for religious freedom.
(b) ALLOCATION
OF FUNDS
FOR INCREASED PRO-
MOTION 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 amend-
ed—
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(1) by striking ‘‘and’’ at the end of paragraph
(6);
(2) by striking the period at the end of para-
graph (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 Cul-
tural Exchange Act of 1961 (22 U.S.C. 2452(b)) is amend-
ed—
(1) by striking ‘‘and’’ after paragraph (10);
(2) by striking the period at the end of para-
graph (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 reli-
gious 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 For-
eign 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
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human rights, including the right to freedom of religion,
shall serve as a basis for granting awards under this sec-
tion.’’.
(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: ‘‘Distin-
guished, meritorious service in the promotion of inter-
nationally 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 docu-
mentation, shall serve as a resource for immigration judges
and consular, refugee, and asylum officers in cases involv-
ing 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:
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‘‘(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 con-
ditions, 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 com-
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pleted 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 BI-
ASES.—The Attorney General and the Secretary of
State shall develop and implement guidelines that ad-
dress potential biases in personnel of the Immigration
and Naturalization Service that are hired abroad and
involved with duties which could constitute an effec-
tive barrier to a refugee claim if such personnel car-
ries a bias against the claimant on the grounds of re-
ligion, race, nationality, membership in a particular
social group, or political opinion. The subject matter
of this training should be culturally sensitive and tai-
lored to provide a nonbiased, nonadversarial atmos-
phere for the purpose of refugee adjudications.
(2) 
GUIDELINES
FOR
REFUGEE-PROCESSING
POSTS IN ESTABLISHING AGREEMENTS WITH UNITED
STATES
GOVERNMENT-DESIGNATED
REFUGEE
PROC-
ESSING
ENTITIES.—The Attorney General and the
Secretary of State shall develop and implement guide-
lines to ensure uniform procedures for establishing
agreements with United States Government-des-
ignated refugee processing entities and personnel, and
uniform procedures for such entities and personnel re-