H. R. 2431—18
(B) for a continuation of multilateral negotiations into
which the United States has entered to bring about a
cessation of the violations by the foreign country;
(C)(i) for a review of corrective action taken by the
foreign country after designation of such country as a coun-
try of particular concern; or
(ii) in anticipation that corrective action will be taken
by the foreign country during the 90-day period,
then the President shall not be required to take action until
the expiration of that period of time.
(4) EXCEPTION FOR ONGOING PRESIDENTIAL ACTION.—The
President shall not be required to take action pursuant to
this subsection in the case of a country of particular concern
for religious freedom, if with respect to such country—
(A) the President has taken action pursuant to this
Act in a preceding year;
(B) such action is in effect at the time the country
is designated as a country of particular concern for religious
freedom under this section;
(C) the President reports to Congress the information
described in section 404(a)(1), (2), (3), and (4) regarding
the actions in effect with respect to the country; and
(D) at the time the President determines a country
to be a country of particular concern, if that country is
already subject to multiple, broad-based sanctions imposed
in significant part in response to human rights abuses,
and such sanctions are ongoing, the President may deter-
mine that one or more of these sanctions also satisfies
the requirements of this subsection. In a report to Congress
pursuant to section 404(a)(1), (2), (3), and (4), and, as
applicable, to section 408, the President must designate
the specific sanction or sanctions which he determines sat-
isfy the requirements of this subsection. The sanctions
so designated shall remain in effect subject to section 409
of this Act.
(d) STATUTORY CONSTRUCTION.—A determination under this
Act, or any amendment made by this Act, that a foreign country
has engaged in or tolerated particularly severe violations of religious
freedom shall not be construed to require the termination of assist-
ance or other activities with respect to that country under any
other provision of law, including section 116 or 502B of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151n, 2304).
SEC. 403. CONSULTATIONS.
(a) IN GENERAL.—As soon as practicable after the President
decides to take action under section 401 in response to violations
of religious freedom and the President decides to take action under
paragraphs (9) through (15) of section 405(a) (or commensurate
action in substitution thereto) with respect to that country, or
not later than 90 days after the President designates a country
as a country of particular concern for religious freedom under
section 402, as the case may be, the President shall carry out
the consultations required in this section.
(b) DUTY TO CONSULT WITH FOREIGN GOVERNMENTS PRIOR
TO TAKING PRESIDENTIAL ACTIONS.—
(1) IN GENERAL.—The President shall—
H. R. 2431—19
(A) request consultation with the government of such
country regarding the violations giving rise to designation
of that country as a country of particular concern for reli-
gious freedom or to Presidential action under section 401;
and
(B) if agreed to, enter into such consultations, privately
or publicly.
(2) USE OF MULTILATERAL FORA.—If the President deter-
mines it to be appropriate, such consultations may be sought
and may occur in a multilateral forum, but, in any event,
the President shall consult with appropriate foreign govern-
ments for the purposes of achieving a coordinated international
policy on actions that may be taken with respect to a country
described in subsection (a), prior to implementing any such
action.
(3) ELECTION
OF
NONDISCLOSURE
OF
NEGOTIATIONS
TO
PUBLIC.—If negotiations are undertaken or an agreement is
concluded with a foreign government regarding steps to cease
the pattern of violations by that government, and if public
disclosure of such negotiations or agreement would jeopardize
the negotiations or the implementation of such agreement, as
the case may be, the President may refrain from disclosing
such negotiations and such agreement to the public, except
that the President shall inform the appropriate congressional
committees of the nature and extent of such negotiations and
any agreement reached.
(c) DUTY TO CONSULT WITH HUMANITARIAN ORGANIZATIONS.—
The President should consult with appropriate humanitarian and
religious organizations concerning the potential impact of United
States policies to promote freedom of religion in countries described
in subsection (a).
(d) DUTY TO CONSULT WITH UNITED STATES INTERESTED
PARTIES.—The President shall, as appropriate, consult with United
States interested parties as to the potential impact of intended
Presidential action or actions in countries described in subsection
(a) on economic or other interests of the United States.
SEC. 404. REPORT TO CONGRESS.
(a) IN GENERAL.—Subject to subsection (b), not later than 90
days after the President decides to take action under section 401
in response to violations of religious freedom and the President
decides to take action under paragraphs (9) through (15) of section
405(a) (or commensurate action in substitution thereto) with respect
to that country, or not later than 90 days after the President
designates a country as a country of particular concern for religious
freedom under section 402, as the case may be, the President
shall submit a report to Congress containing the following:
(1) IDENTIFICATION OF PRESIDENTIAL ACTIONS.—An identi-
fication of the Presidential action or actions described in para-
graphs (9) through (15) of section 405(a) (or commensurate
action in substitution thereto) to be taken with respect to
the foreign country.
(2) DESCRIPTION
OF
VIOLATIONS.—A description of the
violations giving rise to the Presidential action or actions to
be taken.
(3) PURPOSE OF PRESIDENTIAL ACTIONS.—A description of
the purpose of the Presidential action or actions.
H. R. 2431—20
(4) EVALUATION.—
(A) DESCRIPTION.—An evaluation, in consultation with
the Secretary of State, the Ambassador at Large, the
Commission, the Special Adviser, the parties described in
section 403(c) and (d), and whoever else the President
deems appropriate, of—
(i) the impact upon the foreign government;
(ii) the impact upon the population of the country;
and
(iii) the impact upon the United States economy
and other interested parties.
(B) 
AUTHORITY
TO
WITHHOLD
DISCLOSURE.—The
President may withhold part or all of such evaluation from
the public but shall provide the entire evaluation to Con-
gress.
(5) STATEMENT OF POLICY OPTIONS.—A statement that non-
economic policy options designed to bring about cessation of
the particularly severe violations of religious freedom have
reasonably 
been 
exhausted, 
including 
the 
consultations
required in section 403.
(6) DESCRIPTION
OF
MULTILATERAL
NEGOTIATIONS.—A
description of multilateral negotiations sought or carried out,
if appropriate and applicable.
(b) DELAY IN TRANSMITTAL OF REPORT.—If, on or before the
date that the President is required (but for this subsection) to
submit a report under subsection (a) to Congress, the President
determines and certifies to Congress that a single, additional period
of time not to exceed 90 days is necessary pursuant to section
401(b)(3) or 402(c)(3), then the President shall not be required
to submit the report to Congress until the expiration of that period
of time.
SEC. 405. DESCRIPTION OF PRESIDENTIAL ACTIONS.
(a) 
DESCRIPTION
OF
PRESIDENTIAL
ACTIONS.—Except 
as
provided in subsection (d), the Presidential actions referred to in
this subsection are the following:
(1) A private demarche.
(2) An official public demarche.
(3) A public condemnation.
(4) A public condemnation within one or more multilateral
fora.
(5) The delay or cancellation of one or more scientific
exchanges.
(6) The delay or cancellation of one or more cultural
exchanges.
(7) The denial of one or more working, official, or state
visits.
(8) The delay or cancellation of one or more working,
official, or state visits.
(9) The withdrawal, limitation, or suspension of United
States development assistance in accordance with section 116
of the Foreign Assistance Act of 1961.
(10) Directing the Export-Import Bank of the United States,
the Overseas Private Investment Corporation, or the Trade
and Development Agency not to approve the issuance of any
(or a specified number of ) guarantees, insurance, extensions
of credit, or participations in the extension of credit with respect
H. R. 2431—21
to the specific government, agency, instrumentality, or official
found or determined by the President to be responsible for
violations under section 401 or 402.
(11) The withdrawal, limitation, or suspension of United
States security assistance in accordance with section 502B of
the Foreign Assistance Act of 1961.
(12) Consistent with section 701 of the International Finan-
cial Institutions Act of 1977, directing the United States execu-
tive directors of international financial institutions to oppose
and vote against loans primarily benefiting the specific foreign
government, agency, instrumentality, or official found or deter-
mined by the President to be responsible for violations under
section 401 or 402.
(13) Ordering the heads of the appropriate United States
agencies not to issue any (or a specified number of ) specific
licenses, and not to grant any other specific authority (or a
specified number of authorities), to export any goods or tech-
nology to the specific foreign government, agency, instrumental-
ity, or official found or determined by the President to be
responsible for violations under section 401 or 402, under—
(A) the Export Administration Act of 1979;
(B) the Arms Export Control Act;
(C) the Atomic Energy Act of 1954; or
(D) any other statute that requires the prior review
and approval of the United States Government as a condi-
tion for the export or reexport of goods or services.
(14) Prohibiting any United States financial institution
from making loans or providing credits totaling more than
$10,000,000 in any 12-month period to the specific foreign
government, agency, instrumentality, or official found or deter-
mined by the President to be responsible for violations under
section 401 or 402.
(15) Prohibiting the United States Government from
procuring, or entering into any contract for the procurement
of, any goods or services from the foreign government, entities,
or officials found or determined by the President to be respon-
sible for violations under section 401 or 402.
(b) COMMENSURATE ACTION.—Except as provided in subsection
(d), the President may substitute any other action authorized by
law for any action described in paragraphs (1) through (15) of
subsection (a) if such action is commensurate in effect to the action
substituted and if the action would further the policy of the United
States set forth in section 2(b) of this Act. The President shall
seek to take all appropriate and feasible actions authorized by
law to obtain the cessation of the violations. If commensurate action
is taken, the President shall report such action, together with
an explanation for taking such action, to the appropriate congres-
sional committees.
(c) BINDING AGREEMENTS.—The President may negotiate and
enter into a binding agreement with a foreign government that
obligates such government to cease, or take substantial steps to
address and phase out, the act, policy, or practice constituting
the violation of religious freedom. The entry into force of a binding
agreement for the cessation of the violations shall be a primary
objective for the President in responding to a foreign government
that has engaged in or tolerated particularly severe violations of
religious freedom.