International Religious Freedom Act of 1998
PL 105-292 (H.R.2431), enacted 10/27/1998

PUBLIC LAW 105-292—OCT. 27, 1998 
112 STAT. 2787 
Public Law 105-
105th Congress 
•292 
An Act 
To express United States foreign policy with respect to, and to strengthen United 
States advocacy on behalf of, individuals persecuted in foreign countries on account 
of religion; to authorize United States actions in response to violations of religious 
freedom in foreign countries; to establish an Ambassador at Large for International 
Religious Freedom within the Department of State, a Commission on International 
Religious Freedom, and a Special Adviser on International Religious Freedom 
within the National Security Council; and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the "International 
Religious Freedom Act of 1998". 
(b) TABLE OP 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 
Office on International Religious Freedom; Ambassador at Large for 
International Religious Freedom. 
Reports. 
Establishment of a religious freedom Internet site. 
Training for Foreign Service officers. 
High-level contacts with nongovernmental organizations. 
Programs and allocations of funds by United States missions abroad. 
Equal access to United States missions abroad for conducting religious 
activities. 
Prisoner lists and issue briefs on religious fi:«edom 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. 
in response to particularly severe violations of 
Oct. 27, 1998 
[H.R. 2431] 
International 
Religious 
Freedom Act of 
1998 
22 u s e 6401 
note. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
101. 
102. 
103. 
104. 
105. 
106. 
107. 
108. 
Sec. 402. Presidential actions 
religious freedom. 
Sec. 403. Consultations. 
Sec. 404. Report to Confess. 
Sec. 405. Description of Presidential actions. 
112 STAT. 2788 
PUBLIC LAW 105-292—OCT. 27, 1998 
Sec. 406. Effects on existing contracts. 
Sec. 407. Presidential waiver. 
Sec. 408. Publication in Federal Register. 
Sec. 409. Termination of Presidential actions. 
Sec. 410. Preclusion of judicial review. 
Subtitle II—Strengthening Existing Law 
Sec. 421. United States assistance. 
Sec. 422. Multilateral assistance. 
Sec. 423. Exports of certain items used in particularly severe violations of religious 
freedom. 
TITLE V—PROMOTION OF RELIGIOUS FREEDOM 
Sec. 501. Assistance for promoting religious freedom. 
Sec. 502. International broadcasting. 
Sec. 503. International exchanges. 
Sec. 504. Foreign Service awards. 
TITLE VI—REFUGEE, ASYLUM, AND CONSULAR MATTERS 
Sec. 601. Use of Annual Report. 
Sec. 602. Reform of refugee policy. 
Sec. 603. Reform of asylum policy. 
Sec. 604. Inadmissibility of foreign government officials who have engaged in 
particularly severe violations of religious freedom. 
Sec. 605. Studies on the effect of expedited removal provisions on asylum claims. 
TITLE VII—MISCELLANEOUS PROVISIONS 
Sec. 701. Business codes of conduct. 
22 u s e 6401. 
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 
foimders fled religious persecution abroad, cherishing in their 
hearts and minds the ideal of religious freedom. They estab-
lished in law, as a fundamental right and as a pillar of our 
Nation, the right to freedom of religion. From its birth to 
this day, the United States has prized this legacy of religious 
freedom and honored this heritage by standing for religious 
freedom and offering refuge to those suffering religious persecu-
tion. 
(2) Freedom of religious belief and practice is a universal 
human right and fundamental freedom articulated in numerous 
international instruments, including the Universal Declaration 
of Human Rights, the International Covenant on Civil and 
Political Rights, the Helsinki Accords, the Declaration on the 
Elimination of All Forms of Intolerance and Discrimination 
Based on Religion or Belief, the United Nations Charter, and 
the European Convention for the Protection of Human Rights 
and Fundamental Freedoms. 
(3) Article 18 of the Universal Declaration of Human Rights 
recognizes that "Everyone has the right to freedom of thought, 
conscience, and religion. This right includes freedom to change 
his religion or belief, and freedom, either alone or in community 
with others and in public or private, to manifest his religion 
or belief in teaching, practice, worship, and observance.". Article 
18(1) of the International Covenant on Civil and Political Rights 
recognizes that "Everyone shall have the right to freedom of 
thought, conscience, and religion. This right shall include free-
dom to have or to adopt a religion or belief of his choice, 
Eind freedom, either individually or in community with others 
and in public or private, to manifest his religion or belief 
PUBLIC LAW 105-292—OCT. 27, 1998 
112 STAT. 2789 
in worship, observance, practice, and teaching". Governments 
have the responsibihty to protect the fundamental rights of 
their citizens and to pursue justice for all. Religious freedom 
is a fundamental right of every individual, regardless of race, 
sex, country, creed, or nationality, and should never be arbitrar-
ily abridged by any government. 
(4) The right to freedom of religion is under renewed and, 
in some cases, increasing assault in many countries around 
the world. More than one-half of the world's population lives 
under regimes that severely restrict or prohibit the freedom 
of their citizens to study, believe, observe, and freely practice 
the religious faith of their choice. Religious believers and 
communities suffer both government-sponsored and govern-
ment-tolerated violations of their rights to religious freedom. 
Among the many forms of such violations are state-sponsored 
slander campaigns, confiscations of property, surveillance by 
security police, including by special divisions of "rehgious 
police", severe prohibitions against construction and repair of 
places of worship, denied of the right to assemble and relegation 
of religious communities to illegal status through arbitrary 
registration laws, prohibitions against the pursuit of education 
or public office, and prohibitions against publishing, distribut-
ing, or possessing religious literature and materials. 
(5) Even more abhorrent, religious believers in many coim-
tries face such severe and violent forms of religious persecution 
as detention, torture, beatings, forced marriage, rape, imprison-
ment, enslavement, mass resettlement, and death merely for 
the peaceful belief in, change of or practice of their faith. 
In many countries, religious believers are forced to meet 
secretly, and religious leaders are targeted by national security 
forces and hostile mobs. 
(6) Though not confined to a particular region or regime, 
religious persecution is often particularly widespread, system-
atic, and heinous under totalitarian governments and in coun-
tries with milit£m.t, politicized religious majorities. 
(7) Congress has recognized and denounced acts of religious 
persecution through the adoption of the following resolutions: 
(A) House Resolution 515 of the One Hundred Fourth 
Congress, expressing the sense of the House of Representa-
tives with respect to the persecution of Christians world-
wide. 
(B) Senate Concurrent Resolution 71 of the One Hun-
dred Fourth Congress, expressing the sense of the Senate 
regarding persecution of Cnristians worldwide. 
(C) House Concurrent Resolution 102 of the One Hun-
dred Fourth Congress, expressing the sense of the House 
of Representatives concerning the emancipation of the Ira-
nian Baha'i community. 
(b) POLICY.—It shaU be the policy of the United States, as 
follows: 
(1) To condemn violations of religious freedom, smd to pro-
mote, and to assist other governments in the promotion of, 
the fundamental right to freedom of religion. 
(2) To seek to channel United States security and develop-
ment assistance to governments other than those found to 
be engaged in gross violations of the right to freedom of religion, 
as set forth in the Foreign Assistance Act of 1961, in the 
112 STAT. 2790 
PUBLIC LAW 105-292—OCT. 27, 1998 
International Financial Institutions Act of 1977, and in other 
formulations of United States human rights policy. 
(3) To be vigorous and flexible, reflecting both the unwaver-
ing commitment of the United States to religious freedom and 
the desire of the United States for the most effective and 
principled response, in light of the range of violations of reli-
gious freedom by a variety of persecuting regimes, and the 
status of the relations of the United States with different 
nations. 
(4) To work with foreign governments that affirm and 
protect religious freedom, in order to develop multilateral docu-
ments and initiatives to combat violations of religious freedom 
and promote the right to religious freedom abroad. 
(5) Standing for liberty and standing with the persecuted, 
to use and implement appropriate tools in the United States 
foreign 
policy 
apparatus, 
including 
diplomatic, 
political, 
commercial, charitable, educational, and cultural channels, to 
promote respect for religious freedom by £ill governments and 
peoples. 
22 use 6402. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) AMBASSADOR AT LARGE.—The term "Ambassador at 
Large" means the Ambassador at Large for International Reli-
gious Freedom appointed under section 101(b). 
(2) ANNUAL REPORT.—The term "Annual Report" means 
the Annual 
Report 
on International 
Religious 
Freedom 
described in section 102(b). 
(3) APPROPRLVTE CONGRESSIONAL COMMITTEES.—The term 
"appropriate congressional committees" means— 
(A) the Committee on Foreign Relations of the Senate 
and the Committee on International Relations of the House 
of Representatives; and 
(B) in the case of any determination made with respect 
to the talking of President action under paragraphs (9) 
through (15) of section 405(a), the term includes the 
committees described in subparagraph (A) and, where 
appropriate, the Committee on Banking and Financial 
Services of the House of Representatives and the Commit-
tee on Banking, Housing, and Urban Affairs of the Senate. 
(4) COMMENSURATE ACTION.—The term "commensurate 
action" means action taken by the President under section 
405(b). 
(5) COMMISSION.—The term "Commission" means 
the 
United States Commission on International Religious Freedom 
established in section 201(a). 
(6) COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.—The 
term "Country Reports on Human Rights Practices" means 
the annual reports required to be submitted by the Department 
of State to Congress under sections 116(d) and 502B(b) of 
the Foreign Assistance Act of 1961. 
(7) EXECUTIVE SUMMARY.—The term "Executive Summary" 
means the Executive Summary to the Annual Report, as 
described in section 102(b)(1)(F). 
(8) GOVERNMENT OR FOREIGN GOVERNMENT.—The term 
"government" or "foreign government" includes any agency or 
instrumentality of the government. 
PUBLIC LAW 105-292—OCT. 27, 1998 
112 STAT. 2791 
(9) HUMAN RIGHTS REPORTS.—The term "Human Rights 
Reports" means all reports submitted by the Department of 
State to Congress under sections 116 and 502B of the Foreign 
Assistance Act of 1961. 
(10) OFFICE.—The term "Office" means the Office on Inter-
national Religious Freedom established in section 101(a). 
(11) 
PARTICULARLY SEVERE 
VIOLATIONS OF RELIGIOUS 
FREEDOM.—The term "particularly severe violations of religious 
freedom" means systematic, ongoing, egregious violations of 
religious freedom, including violations such as— 
(A) torture or cruel, inhuman, or degrading treatment 
or punishment; 
(B) prolonged detention without charges; 
(C) causing the disappearance of persons by the 
abduction or clandestine detention of those persons; or 
(D) other flagrant denial of the right to life, liberty, 
or the security of persons. 
(12) SPECIAL ADVISER.—The term "Special Adviser" means 
the Special Adviser to the President on International Religious 
Freedom described in section lOl(i) of the National Security 
Act of 1947, as added by section 301 of this Act. 
(13) 
VIOLATIONS 
OF RELIGIOUS 
FREEDOM.—The 
term 
'Sdolations of religious freedom" means violations of the inter-
nationally recognized right to freedom of religion and religious 
belief and practice, as set forth in the international instruments 
referred to in section 2(a)(2) and as described in section 2(a)(3), 
including violations such as— 
(A) arbitrary prohibitions on, restrictions of, or punish-
ment for— 
(i) assembling for peaceful religious activities such 
as worship, preaching, and prayer, including arbitrary 
registration requirements; 
(ii) speaking freely about one's religious beliefs; 
(iii) changing one's religious beliefs and affiliation; 
(iv) possession 
and distribution 
of religious 
literature, including Bibles; or 
(v) raising one's children in the religious teachings 
and practices of one's choice; or 
(B) any of the following acts if committed on account 
of an individual's religious belief or practice: detention, 
interrogation, imposition of an onerous financial penalty, 
forced labor, forced mass resettlement, imprisonment, 
forced religious conversion, beating, torture, mutilation, 
rape, enslavement, murder, and execution. 
TITLE I—DEPARTMENT OF STATE 
ACTIVITIES 
SEC. 101. OFFICE ON INTERNATIONAL RELIGIOUS FREEDOM; AMBAS- 22 USC 6411. 
SADOR 
AT 
LARGE 
FOR INTERNATIONAL RELIGIOUS 
FREEDOM. 
(a) ESTABLISHMENT OF OFFICE.—There is established within 
the Department of State an Office on International Religious 
Freedom that shall be headed by the Ambassador at Large for 
International Religious Freedom appointed luider subsection (b). 
59-194 O - 98 - 2 : QL 3 Part 5 
112 STAT. 2792 
PUBLIC LAW 105-292—OCT. 27, 1998 
(b) 
APPOINTMENT.—^The Ambassador 
at 
Large 
shall 
be 
appointed by the President, by and with the advice £ind consent 
of the Senate. 
(c) DUTIES.—The Ambassador at Large shall have the following 
responsibilities: 
(1) IN GENERAL.—The primary responsibility of the Ambas-
sador at Large shall be to advance the right to freedom of 
religion abroad, to denounce the violation of that right, and 
to recommend appropriate responses by the United States 
Government when this right is violated. 
(2) ADVISORY ROLE.—The Ambassador at Large shall be 
a principal adviser to the President and the Secretary of State 
regarding matters affecting religious freedom abroad and, with 
advice from the Commission on International Religious Free-
dom, shall make recommendations regarding— 
(A) the policies of the United States Government 
toward governments that violate freedom of religion or 
that fail to ensure the individual's right to religious belief 
and practice; £ind 
(B) policies to advance the right to religious freedom 
abroad. 
(3) DIPLOMATIC REPRESENTATION.—Subject to the direction 
of the President and the Secretary of State, the Ambassador 
at Large is authorized to represent the United States in matters 
and cases relevant to religious freedom abroad in— 
(A) contacts with foreign governments, intergovern-
mental organizations, and specialized agencies of the 
United Nations, the Organization on Security and Coopera-
tion in Europe, and other international organizations of 
which the United States is a member; and 
(B) multilateral conferences and meetings relevant to 
religious freedom abroad. 
(4) 
REPORTING RESPONSIBILITIES.—The Ambassador 
at 
Large shall have the reporting responsibilities described in 
section 102. 
(d) FUNDING.—The Secretary of State shall provide the Ambas-
sador at Large with such funds as may be necessary for the hiring 
of staff for the Office, for the conduct of investigations by the 
Office, and for necessary travel to carry out the provisions of this 
section. 
22 use 6412. 
SEC. 102. REPORTS. 
(a) 
PORTIONS OF ANNUAL HUMAN RIGHTS REPORTS.—The 
Ambassador at Large shall assist the Secretary of State in preparing 
those portions of the Human Rights Reports that relate to freedom 
of religion and freedom from discrimination based on reUgion £ind 
those portions of other information provided Congress under sec-
tions 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) AISTNUAL REPORT ON INTERNATIONAL RELIGIOUS FREEDOM.— 
(1) DEADLINE FOR SUBMISSION.—On September 1 of each 
year or the first day thereafter on which the appropriate House 
of Congress is in session, the Secretary of State, with the 
assistance of the Ambassador at Large, and taking into consid-
eration the recommendations of the Commission, shall prepare 
and transmit to Congress an Annual Report on International 
Religious Freedom supplementing the most recent Human 
PUBLIC LAW 105-292—OCT. 27, 1998 
112 STAT. 2793 
Rights Reports by providing additional detailed information 
with respect to matters involving international religious free-
dom. Each Annual Report shall contain the following: 
(A) STATUS OF RELIGIOUS FREEDOM.—A description of 
the status of religious freedom in each foreign country, 
including— 
(i) trends toward improvement in the respect and 
protection of the right to religious freedom and trends 
toward deterioration of such right; 
(ii) violations of religious freedom engaged in or 
tolerated by the government of that country; and 
(iii) particularly severe violations of religious 
freedom engaged in or tolerated by the government 
of that country. 
(B) VIOLATIONS OF RELIGIOUS FREEDOM.—An assess-
ment and description of the nature and extent of violations 
of religious freedom in each foreign country, including 
persecution of one religious group by another religious 
group, religious persecution by governmental and non-
governmental entities, persecution targeted at individuals 
or particulEir denominations or entire religions, the exist-
ence of government policies violating religious freedom, 
and the existence of government policies concerning— 
(i) limitations or prohibitions on, or lack of 
availability of, openly conducted, organized religious 
services outside of the premises of foreign diplomatic 
missions or consular posts; and 
(ii) the forced religious conversion of minor United 
States citizens who have been abducted or illegally 
removed from the United States, and the refusal to 
allow such citizens to be returned to the United States. 
(C) UNITED STATES POLICIES.—^A description of United 
States actions and policies in support of religious freedom 
in each foreign country engaging in or tolerating violations 
of religious freedom, including a description of the meas-
ures and policies implemented during the preceding 12 
months by the United States under titles I, IV, and V 
of this Act in opposition to violations of religious freedom 
and in support of international religious freedom. 
(D) 
INTERNATIONAL 
AGREEMENTS 
IN 
EFFECT.—A 
description of any binding agreement with a foreign govern-
ment entered into by the United States under section 401(b) 
or 402(c). 
(E) 
TRAINING 
AND GUIDELINES 
OF GOVERNMENT 
PERSONNEL.—A description o
f
— 
(i) the training described in section 602(a) and 
(b) and section 603(b) and (c) on violations of religious 
freedom provided to immigration judges and consular, 
refugee, immigration, and asylum officers; and 
(ii) the development and implementation of the 
guidelines described in sections 602(c) and 603(a). 
(F) EXECUTIVE SUMMARY.—^An Executive Summary to 
the Annual Report highlighting the status of religious 
freedom in certain foreign countries and including the 
following: 
112 STAT. 2794 
PUBLIC LAW 105-292—OCT. 27, 1998 
(i) COUNTRIES IN WHICH THE UNITED STATES IS 
ACTIVELY PROMOTING RELIGIOUS FREEDOM.—An identi-
fication of foreign countries in which the United States 
is actively promoting religious freedom. This section 
of the report shall include a description of United 
States actions taken to promote the internationally 
recognized right to freedom of religion and oppose viola-
tions of such right under title IV and title V of this 
Act during the period covered by the Annual Report. 
Any country designated as a country of particular con-
cern for religious freedom under section 402(b)(1) shall 
be included in this section of the report. 
(ii) COUNTRIES OF SIGNIFICANT IMPROVEMENT IN 
RELIGIOUS FREEDOM.—^An identification of foreign coun-
tries the governments of which have demonstrated 
significant improvement in the protection and pro-
motion of the internationally recognized right to free-
dom of religion during the period covered by the 
Annual Report. This section of the report shall include 
a description of the nature of the improvement and 
£in analysis of the factors contributing to such improve-
ment, including actions taken by the United States 
under this Act. 
(2) CLASSIFIED ADDENDUM.—If the Secretary of State deter-
mines that it is in the national security interests of the United 
States or is necessary for the safety of individuals to be identi-
fied in the Annual Report or is necessary to further the pur-
poses of this Act, any information required by paragraph (1), 
including measures or actions taken by the United States, 
may be summarized in the Annual Report or the Executive 
Summary and submitted in more detail in a classified adden-
dum to the Annual Report or the Executive Summary. 
(c) 
PREPARATION OF REPORTS REGARDING VIOLATIONS OF 
RELIGIOUS FREEDOM.— 
(1) 
STANDARDS AND INVESTIGATIONS.—The Secretary of 
State shall ensure that United States missions abroad maintain 
a consistent reporting standard and thoroughly investigate 
reports of violations of the internationally recognized right to 
freedom of religion. 
(2) CONTACTS WITH NONGOVERNMENTAL ORGANIZATIONS.— 
In compiling data and assessing the respect of the right to 
religious freedom for the Human Rights Reports, the ^ n u a l 
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, with the consent 
of those organizations, including receiving reports and updates 
from such orgEinizations and, when appropriate, investigating 
such reports. 
(d) AMENDMENTS TO THE FOREIGN ASSISTANCE ACT OF 1961.— 
(1) CONTENT OF HUMAN RIGHTS REPORTS FOR COUNTRIES 
RECEIVING ECONOMIC ASSISTANCE.—Section 116(d) of the For-
eign Assistance Act of 1961 (22 U.S.C. 2151n(d)) is amended— 
(A) by striking "and" at the end of paragraph (4); 
(B) by striking the period at the end of paragraph 
(5) and inserting "; and "; and 
(C) by adding at the end the following: 
PUBLIC LAW 105-292—OCT. 27, 1998 
112 STAT. 2795 
"(6) wherever applicable, violations of religious freedom, 
including particularly severe violations of religious freedom 
(as defined in section 3 of the International Religious Freedom 
Act of 1998).". 
(2) CONTENTS OF HUMAN RIGHTS REPORTS FOR COUNTRIES 
RECEIVING 
SECURITY ASSISTANCE.—Section 502B(b) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2304(b)) is amended— 
(A) by inserting "and with the assistance of the Ambas-
sador at Large for International Religious Freedom" after 
"Labor"; and 
(B) by inserting after the second sentence the following 
new sentence: "Such report shall also include, wherever 
applicable, information on violations of religious freedom, 
including particularly severe violations of religious freedom 
(as defined in section 3 of the International Religious Free-
dom Act of 1998).". 
SEC. 103. ESTABLISHMENT OF A RELIGIOUS FREEDOM INTERNET SITE. 22 USC 6413. 
In order to facilitate access by nongovernmental organizations 
(NGOs) and by the public around the world to international docu-
ments on the protection of religious freedom, the Secretary of State, 
with the assistance of the Ambassador at Large, shall establish 
£md maintain an Internet site containing major international docu-
ments relating to religious freedom, the Annual Report, the Execu-
tive Summary, and any other documentation or references to other 
sites as deemed appropriate or relevant by the Ambassador at 
Large. 
SEC. 104. TRAINING FOR FOREIGN SERVICE OFFICERS. 
Chapter 2 of title I of the Foreign Service Act of 1980 is 
amended by adding at the end the following new section: 
"SEC. 708. TRAINING FOR FOREIGN SERVICE OFFICERS. 
22 USC 4028. 
"The Secretary of State, with the assistance of other relevant 
officials, such as the Ambassador at Large for International Reli-
gious Freedom appointed under section 101(b) of the International 
Religious Freedom Act of 1998 and the director of the National 
Foreign Affairs Training Center, shall establish as part of the 
standard training provided after January 1, 1999, for officers of 
the Service, including chiefs of mission, instruction in the field 
of internationally recognized human rights. Such training shall 
include— 
"(1) instruction on international documents and United 
States policy in human rights, which shall be mandatory for 
all members of the Service having reporting responsibilities 
relating to human rights and for chiefs of mission; and 
"(2) instruction on the internationally recognized right to 
fireedom of religion, the nature, activities, and beliefs of different 
religions, and the various aspects and manifestations of viola-
tions of religious fi-eedom.". 
SEC. 
105. 
HIGH-LEVEL 
CONTACTS 
WITH 
NONGOVERNMENTAL 
22 USC 6414. 
ORGANIZATIONS. 
United States chiefs of mission shall seek out and contact 
religious nongovernmental organizations to provide high-level meet-
ings with religious nongovernmental organizations where appro-
priate and beneficial. United States chiefs of mission and Foreign 
X 
112 STAT. 2796 
PUBLIC LAW 105-292—OCT. 27, 1998 
Service oflEicers abroad shall seek to meet with imprisoned religious 
leaders where appropriate and beneficial. 
22 use 6415. 
SEC. 106. PROGRAMS AND ALLOCATIONS OF FUNDS BY UNITED STATES 
MISSIONS ABROAD. 
It is the sense of the Congress that— 
(1) United States diplomatic missions in countries the 
governments of which engage in or tolerate violations of the 
internationally recognized right to freedom of religion should 
develop, as part of annual program planning, a strategy to 
promote respect for the internationally recognized right to free-
dom of religion; and 
(2) in allocating or recommending the allocation of fiinds 
or the recommendation of candidates for programs and grants 
funded by the United States Government, United States diplo-
matic missions should give particular consideration to those 
programs and candidates deemed to assist in the promotion 
of the right to religious freedom. 
22 use 6416. 
SEC. 107. EQUAL ACCESS TO UNITED STATES MISSIONS ABROAD FOR 
CONDUCTING RELIGIOUS ACTIVITIES. 
(a) IN GENERAL.—Subject to this section, the Secretary of State 
shall permit, on terms no less favorable than that accorded other 
nongovernmental activities unrelated to the conduct of the diplo-
matic mission, access to the premises of any United States diplo-
matic mission or consular post by any United States citizen seeking 
to conduct an activity for religious purposes. 
(b) TIMING AND LOCATION.—The Secretary of State shall make 
reasonable accommodations with respect to the timing and location 
of such access in light of— 
(1) the number of United States citizens requesting the 
access (including any particular religious concerns regarding 
the time of day, date, or physical setting for services); 
(2) conflicts with official activities and other nonofificial 
United States citizen requests; 
(3) the availability of openly conducted, organized religious 
services outside the premises of the mission or post; 
(4) availability of space and resources; and 
(5) necessary security precautions. 
(c) 
DISCRETIONARY ACCESS FOR FOREIGN NATIONALS.—The 
Secretary of State may permit access to the premises of a United 
States diplomatic mission or consular post to foreign nationals 
for the purpose of attending or participating in religious activities 
conducted pursuant to this section. 
22 use 6417. 
SEC. 108. PRISONER 
LISTS AND ISSUE BRIEFS ON 
RELIGIOUS 
FREEDOM CONCERNS. 
(a) SENSE OF THE CONGRESS.—^To encourage involvement with 
religious freedom concerns at every possible opportunity and by 
all appropriate representatives of the United States Government, 
it is the sense of the Congress that officials of the executive branch 
of Government should promote increased advocacy on such issues 
during meetings between foreign dignitaries and executive branch 
officios or Members of Congress. 
(b) PRISONER LISTS AND ISSUE BRIEFS ON RELIGIOUS FREEDOM 
CONCERNS.—The Secretary of State, in consultation with the 
Ambassador at Large, the Assistant Secretary of State for Democ-
racy, Human Rights and Labor, United States chiefs of mission 
PUBLIC LAW 105-292—OCT. 27, 1998 
112 STAT. 2797 
abroad, regional experts, and nongovernmental human rights and 
religious groups, shall prepare and maintain issue briefs on religious 
freedom, on a country-by-country basis, consisting of lists of persons 
believed to be imprisoned, detained, or placed under house arrest 
for their religious faith, together with brief evaluations and critiques 
of the policies of the respective country restricting religious freedom. 
In considering the inclusion of names of prisoners on such lists, 
the Secretary of State shall exercise appropriate discretion, includ-
ing concerns regarding the safety, security, and benefit to such 
prisoners. 
(c) AVAILABILITY OF INFORMATION.—The Secretary shall, as 
appropriate, provide religious freedom issue briefs under subsection 
(b) to executive branch officials and Members of Congress in 
anticipation of bilateral contacts with foreign leaders, both in the 
United States and abroad. 
TITLE II—COMMISSION ON 
INTERNATIONAL RELIGIOUS FREEDOM 
SEC. 201. ESTABLISHMENT AND COMPOSITION. 
22 USC 6431. 
(a) IN GENERAL.—There is established the United States 
Commission on International Religious Freedom. 
(b) MEMBERSHIP.— 
(1) APPOINTMENT.—The Commission shall be composed o
f
— 
(A) the Ambassador at Large, who shall serve ex officio 
as a nonvoting member of the Commission; and 
(B) Nine other members, who shall be United States 
citizens who are not being paid as officers or employees 
of the United States, and who shall be appointed as follows: 
(i) Three members of the Commission shall be 
appointed by the President. 
(ii) Three members of the Commission shall be 
appointed by the President pro tempore of the Senate, 
of which two of the members shall be appointed upon 
the recommendation of the leader in the Senate of 
the political party that is not the political party of 
the President, and of which one of the members shall 
be appointed upon the recommendation of the leader 
in the Senate of the other political party. 
(iii) three members of the Commission shall be 
appointed by the Speaker of the House of Representa-
tives, of which two of the members shall be appointed 
upon the recommendation of the leader in the House 
of the political party that is not the political party 
of the President, and of which one of the members 
shall be appointed upon the recommendation of the 
leader in the House of the other political party. 
(2) SELECTION.— 
(A) IN GENERAL.—Members of the Commission shall 
be selected among distinguished individuals noted for their 
knowledge and experience in fields relevant to the issue 
of international religious freedom, including foreign affairs, 
direct experience abroad, human rights, and international 
law. 
112 STAT. 2798 
PUBLIC LAW 105-292—OCT. 27, 1998 
(B) 
SECURITY CLEARANCES,—Each member of the 
Commission shall be required to obtain a security clear-
ance, 
(3) TIME OF APPOINTMENT,—^The appointments required by 
paragraph (1) shall be made not later than 120 days after 
the date of the enactment of this Act, 
(c) TERMS,—^The term of office of each member of the Commis-
sion 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 Commis-
sion in each calendar year, a majority of the members of the 
Commission present and voting shall elect the Chair of the Commis-
sion. 
(e) QUORUM.—Six voting members of the Commission shall 
constitute a quorum for purposes of transacting business, 
(f) MEETINGS.—Each year, within 15 days, or as soon as prac-
ticable, after the issuance of the Country Report on Human Rights 
Practices, the Commission shall convene. The Commission shall 
otherwise meet at the call of the Chair or, if no Chair has been 
elected for that calendar year, at the call of six voting members 
of the Commission, 
(g) VACANCIES.—^Any vacancy of the Commission shall not affiect 
its powers, but shall be filled in the manner in which the original 
appointment was made. 
(h) ADMINISTRATIVE SUPPORT.—The Secretary of State shall 
assist the Commission by providing to the Commission such staff" 
and administrative services of the Office as may be necessary 
and appropriate for the Commission to perform its fiinctions. Any 
employee of the executive branch of Government may be detailed 
to the Commission without reimbursement to the agency of that 
employee and such detail shall be without interruption or loss 
of civil service status or privilege. 
(i) FUNDING.—Members of the Commission shall be allowed 
travel expenses, including per diem in lieu of subsistence at rates 
authorized for employees of agencies under subchapter I of chapter 
57 of title 5, United States Code, while away from their homes 
or regular places of business in the performance of services for 
the Commission. 
22 use 6432. 
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 cir-
cumstances of violations of religious freedom presented in the 
Country Reports on Human Rights Practices, the Annual 
Report, and the Executive Summary, as well as information 
fi*om other sources as appropriate; and 
(2) the making of policy recommendations to the President, 
the Secretary of State, and Congress with respect to matters 
involving international religious freedom. 
(b) POLICY REVIEW AND RECOMMENDATIONS IN RESPONSE TO 
VIOLATIONS.—^The Commission, in evaluating United States Govern-
ment policies in response to violations of religious freedom, shall 
consider and recommend options for policies of the United States 
Government with respect to each foreign country the government 
of which has engaged in or tolerated violations of religious freedom, 
PUBLIC LAW 105-292—OCT. 27, 1998 
112 STAT. 2799 
including particularly severe violations of religious freedom, includ-
ing diplomatic inquiries, diplomatic protest, official public protest 
demarche of protest, condemnation within multilateral fora, delay 
or cancellation of cultural or scientific exchanges, delay or cancella-
tion of working, official, or state visits, reduction of certain assist-
ance funds, termination of certain assistance fimds, imposition of 
targeted trade sanctions, imposition of broad trade sanctions, and 
withdrawal of the chief of mission. 
(c) POLICY REVIEW AND RECOMMENDATIONS IN RESPONSE TO 
PROGRESS.—^The Commission, in evaluating the United States 
Government policies with respect to countries found to be taking 
deliberate steps and making significant improvement in respect 
for the right of religious fi*eedom, shall consider and recommend 
policy options, including private commendation, diplomatic com-
mendation, official public commendation, commendation within 
multilateral fora, an increase in cultural or scientific exchanges, 
or both, termination or reduction of existing Presidential actions, 
an increase in certain assistance funds, and invitations for working, 
official, or state visits. 
(d) EFFECTS ON RELIGIOUS COMMUNITIES AND INDIVIDUALS.— 
Together with specific policy recommendations provided under sub-
sections (b) and (c), the Commission shall also indicate its evaluation 
of the potential effects of such policies, if implemented, on the 
religious communities and individuals whose rights are found to 
be violated in the country in question. 
(e) MONITORING.—The Commission shall, on an ongoing basis, 
monitor facts and circumstances of violations of religious freedom, 
in consultation with independent human rights groups and non-
governmental organizations, including churches and other religious 
communities, and make such recommendations as may be necessary 
to the appropriate officials and offices in the United States Govern-
ment. 
(f) HEARINGS AND SESSIONS.—The Commission may, for the 
purpose of carrying out its duties under this title, hold hearings, 
sit and act at times and places in the United States, take testimony, 
and receive evidence as the Commission considers advisable to 
carry out the purposes of this Act. 
SEC. 203. REPORT OF THE COMMISSION. 
22 USC 6433. 
(a) IN GENERAL.—Not later than May 1 of each year, the 
Commission shall submit a report to the President, the Secretary 
of State, and Congress setting forth its recommendations for United 
States policy options based on its evaluations under section 202. 
(b) CLASSIFIED FORM OF REPORT.—The report may be submitted 
in classified form, together with a public summary of recommenda-
tions, if the classification of information would further the purposes 
of this Act. 
(c) INDIVIDUAL OR DISSENTING VIEWS.—Each member of the 
Commission may include the individual or dissenting views of the 
member. 
SEC. 204. APPLICABILITY OF OTHER LAWS. 
22 USC 6434. 
The Federal Advisory Committee Act (5 U.S.C. App.) shall 
not apply to the Commission. 
112 STAT. 2800 
PUBLIC LAW 105-292—OCT. 27, 1998 
22 use 6435. 
SEC. 205. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appropriated to 
the Commission $3,000,000 for each of the fiscal years 1999 and 
2000 to carry out the provisions of this title. 
(b) AVAILABILITY OF FUNDS.—^Amounts authorized to be appro-
priated under subparagraph (a) are authorized to remain available 
until expended but not later thsm the date of termination of the 
Commission. 
22 use 6436. 
SEC. 206. TERMINATION. 
The Commission shall terminate 4 years after the initial 
appointment of all of the Commissioners. 
TITLE III—NATIONAL SECURITY 
COUNCIL 
SEC. 301. SPECIAL ADVISER ON INTERNATIONAL RELIGIOUS FREE-
DOM. 
Section 101 of the National Security Act of 1947 (50 U.S.C. 
402) is amended by adding at the end the following new subsection: 
"(i) It is the sense of the Congress that there should be within 
the staff of the National Security Council a Special Adviser to 
the President on International Religious Freedom, whose position 
should be comparable to that of a director within the Executive 
Office of the President. The Special Adviser should serve as a 
resource for executive branch officials, compiling and maintaining 
information on the facts and circumstances of violations of religious 
fi*eedom (as defined in section 3 of the International Religious 
Freedom Act of 1998), and making policy recommendations. The 
Special Adviser should serve as liaison with the Ambassador at 
Large for International Religious Freedom, the United States 
Commission on International Religious Freedom, Congress and, 
as advisable, religious nongovernmental organizations.". 
TITLE IV—PRESIDENTIAL ACTIONS 
Subtitle I—Targeted Responses to 
Violations of Religious Freedom Abroad 
22 use 6441. 
SEC. 401. PRESIDENTIAL ACTIONS IN RESPONSE TO VIOLATIONS OF 
RELIGIOUS FREEDOM. 
(a) RESPONSE TO VIOLATIONS OF RELIGIOUS FREEDOM.— 
(1) I N GENERAL.— 
(A) UNITED STATES POLICY.—It shall be the policy of 
the United States— 
(i) to oppose violations of religious freedom that 
are or have been engaged in or tolerated by the govern-
ments of foreign countries; and 
(ii) to promote the right to freedom of religion 
in those countries through the actions described in 
subsection (b). 
(B) REQUIREMENT OF PRESIDENTIAL ACTION.—For each 
foreign country the government of which engages in or 
tolerates violations of religious freedom, the President shall 
PUBLIC LAW 105-292—OCT. 27, 1998 
112 STAT. 2801 
oppose such violations and promote the right to freedom 
of reUgion in that country through the actions described 
in subsection (b). 
(2) BASIS OF ACTIONS.—Each action taken under paragraph 
(1)(B) shall be based upon information regarding violations 
of religious freedom, as described in the latest Country Reports 
on Human Rights Practices, the Annual Report and Executive 
Summary, and on any other evidence available, and shall take 
into account any findings or recommendations by the Commis-
sion with respect to the foreign country. 
(b) PRESIDENTIAL ACTIONS.— 
(1) IN GENERAL.—Subject to paragraphs (2) and (3), the 
President, in consultation with the Secretary of State, the 
Ambassador at Large, the Special Adviser, and the Commission, 
shall, as expeditiously as practicable in response to the viola-
tions described in subsection (a) by the government of a foreign 
country— 
(A) take one or more of the actions described in para-
graphs (1) through (15) of section 405(a) (or commensurate 
action in substitution thereto) with respect to such country; 
or 
(B) negotiate and enter into a binding agreement with 
the government of such country, as described in section 
405(c). 
(2) DEADLINE FOR ACTIONS.—Not later than September 1 
of each year, the President shall take action under any of 
paragraphs (1) through (15) of section 405(a) (or commensurate 
action in substitution thereto) with respect to each foreign 
country the government of which has engaged in or tolerated 
violations of religious freedom at any time since September 
1 of the preceding year, except that in the case of action 
under any of paragraphs (9) through (15) of section 405(a) 
(or commensurate action in substitution thereto)— 
(A) the action may only be taken after the requirements 
of sections 403 and 404 have been satisfied; smd 
(B) the September 1 limitation shall not apply. 
(3) AUTHORITY FOR DELAY OF PRESIDENTIAL ACTIONS.—The 
President may delay action under paragraph (2) described in 
any of paragraphs (9) through (15) of section 405(a) (or commen-
surate action in substitution thereto) if he determines and 
certifies to Congress that a single, additional period of time, 
not to exceed 90 days, is necessary pursuant to the same 
provisions applying to countries of particular concern for reli-
gious freedom under section 402(c)(3). 
(c) IMPLEMENTATION.— 
(1) IN GENERAL.—In carrying out subsection (b), the 
President shall— 
(A) take the action or actions that most appropriately 
respond to the nature and severity of the violations of 
religious freedom; 
(B) seek to the fullest extent possible to target action 
as narrowly as practicable with respect to the agency or 
instrumentality of the foreign government, or specific offi-
cials thereof, that are responsible for such violations; and 
(C) when appropriate, make every reasonable effort 
to conclude a binding agreement concerning the cessation 
112 STAT. 2802 
PUBLIC LAW 105-292—OCT. 27, 1998 
of such violations in countries with which the United States 
has diplomatic relations. 
(2) GUIDELINES FOR PRESIDENTIAL ACTIONS.—In addition 
to the guidelines under paragraph (1), the President, in deter-
mining whether to take a Presidential action under paragraphs 
(9) through (15) of section 405(a) (or commensurate action 
in substitution thereto), shall seek to minimize any adverse 
impact on— 
(A) the population of the country whose government 
is targeted by the Presidential action or actions; and 
(B) the humanitarian activities of United States and 
foreign nongovernmental organizations in such country. 
22 use 6442. 
SEC. 402. PRESIDENTIAL ACTIONS IN RESPONSE TO PARTICULARLY 
SEVERE VIOLATIONS OF RELIGIOUS FREEDOM. 
(a) 
RESPONSE TO PARTICULARLY SEVERE 
VIOLATIONS OF 
RELIGIOUS FREEDOM.— 
(1) UNITED STATES POLICY.—It shall be the policy of the 
United States— 
(A) to oppose particularly severe violations of reli-
gious freedom that are or have been engaged in or 
tolerated by the governments of foreign countries; and 
(B) to promote the right to freedom of religion 
in those countries through the actions described in 
subsection (c). 
(2) REQUIREMENT OF PRESIDENTIAL ACTION.—Whenever the 
President determines that the government of a foreign country 
has engaged in or tolerated particularly severe violations of 
religious freedom, the President shall oppose such violations 
£ind 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 thsm September 1 of each 
year, the President shall review the status of religious 
freedom in each foreign country to determine whether the 
government of that country has engaged in or tolerated 
particularly severe violations of religious freedom in that 
country during the preceding 12 months or since the date 
of the last review of that country under this subparagraph, 
whichever period is longer. The President shall designate 
each coimtry the government of which has engaged in 
or tolerated violations described in this subparagraph as 
a country of particular concern for religious freedom. 
(B) BASIS OF REVIEW.—Each review conducted under 
subparagraph (A) shall be based upon information con-
tained in the latest Country Reports on Human Rights 
Practices, the Annual Report, and on any other evidence 
available and shall take into account any findings or rec-
ommendations by the Commission with respect to the for-
eign country. 
(C) IMPLEMENTATION.—^Any review under subpara-
graph (A) of a foreign country may take place singly or 
jointly with the review of one or more countries and may 
take place at any time prior to September 1 of the respec-
tive year. 
PUBLIC LAW 105-292—OCT. 27, 1998 
112 STAT. 2803 
(2) DETERMINATIONS OF RESPONSIBLE PARTIES.—For the 
government of each country designated as a country of particu-
lar concern for reUgious freedom under paragraph (1)(A), the 
President shall seek to determine the agency or instrumentality 
thereof and the specific officials thereof that are responsible 
for the particularly severe violations of religious freedom 
engaged in or tolerated by that government in order to appro-
priately target Presidential actions under this section in 
response. 
(3) CONGRESSIONAL NOTIFICATION.—Whenever the Presi-
dent designates a country as a country of particular concern 
for religious fi'eedom under paragraph (1)(A), the President 
shall, as soon as practicable after the designation is made, 
transmit to the appropriate congressional committees— 
(A) the designation of the country, signed by the 
President; and 
(B) the identification, if any, of responsible parties 
determined under paragraph (2). 
(c) PRESIDENTIAL ACTIONS WITH RESPECT TO COUNTRIES OF 
PARTICULAR CONCERN FOR RELIGIOUS FREEDOM.— 
(1) IN GENERAL.—Subject to paragraphs (2), (3), and (4) 
with respect to each country of particular concern for religious 
fi*eedom designated under subsection (b)(1)(A), the President 
shall, after the requirements of sections 403 and 404 have 
been satisfied, but not later than 90 days (or 180 days in 
case of a delay imder paragraph (3)) after the date of designa-
tion of the country under that subsection, carry out one or 
more of the following actions imder subpsiragraph (A) or 
subparagraph (B): 
(A) PRESIDENTIAL ACTIONS.—One or more of the 
Presidential actions described in paragraphs (9) through 
(15) of section 405(a), as determined by the President. 
(B) COMMENSURATE ACTIONS.—Commensurate action 
in substitution to any action described in subparagraph 
(A). 
(2) SUBSTITUTION OF BINDING AGREEMENTS.— 
(A) IN GENERAL.—In lieu of canning out action under 
paragraph (1), the President may conclude a binding agree-
ment with the respective foreign government as described 
in section 405(c). The existence of a binding agreement 
under this paragraph with a foreign government may be 
considered by the President prior to making any determina-
tion or taking any action under this title. 
(B) STATUTORY CONSTRUCTION.—Nothing in this para-
graph may be construed to authorize the entry of the 
United States into an agreement covering matters outside 
the scope of violations of religious fi*eedom. 
(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 \inder paragraph (1), the 
President determines and certifies to Congress that a single, 
additional period of time not to exceed 90 days is necessary— 
(A) for a continuation of negotiations that have been 
commenced with the government of that country to bring 
about a cessation of the violations by the foreign country; 
112 STAT. 2804 
PUBLIC LAW 105-292—OCT. 27, 1998 
(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 coxmtry— 
(A) the President has taken action pursuEint 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 coimtry 
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). 
22 use 6443. 
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— 
PUBLIC LAW 105-292—OCT. 27, 1998 
112 STAT. 2805 
(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. 
22 USC 6444. 
(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. 
112 STAT. 2806 
PUBLIC LAW 105-292—OCT. 27, 1998 
(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, o
f
— 
(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 imtil the expiration of that period 
of time. 
22 use 6445. 
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) Ati 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 
PUBLIC LAW 105-292—OCT. 27, 1998 
112 STAT. 2807 
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 
fi*om 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 fi-om 
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 £iny 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. 
112 STAT. 2808 
PUBLIC LAW 105-292—OCT. 27, 1998 
(d) EXCEPTIONS.—^Any action taken pursuant to subsection (a) 
or (b) may not prohibit or restrict the provision of medicine, medical 
equipment or supplies, food, or other humanitarian assistance. 
22 use 6446. 
SEC. 406. EFFECTS ON EXISTING CONTRACTS. 
The President shall not be required to apply or maintain any 
Presidential action under this subtitle— 
(1) in the case of procurement of defense articles or defense 
services— 
(A) under existing contracts or subcontracts, including 
the exercise of options for production quantities, to satisfy 
requirements essential to the national security of the 
United States; 
{ 
(B) if the President determines in writing and so 
reports to Congress that the person or other entity to 
which the Presidential action would otherwise be applied 
is a sole source supplier of the defense articles or services, 
that the defense articles or services are essential, and 
that alternative sources are not readily or reasonably avail-
able; or 
(G) if the President determines in writing and so 
reports to Congress that such articles or services are essen-
tial to the national security under defense coproduction 
agreements; or 
(2) to products or services provided under contracts entered 
into before the date on which the President publishes his 
intention to take the Presidential action. 
22 use 6447. 
SEC. 407. PRESIDENTIAL WAIVER. 
(a) IN GENERAL.—Subject to subsection (b), the President may 
waive the application of any of the actions described in paragraphs 
(9) through (15) of section 405(a) (or commensurate action in substi-
tution thereto) with respect to a country, if the President determines 
and so reports to the appropriate congressional committees that— 
(1) the respective foreign government has ceased the 
violations giving rise to the Presidential action; 
(2) the exercise of such waiver authority would further 
the purposes of this Act; or 
(3) the important national interest of the United States 
requires the exercise of such waiver authority. 
(b) CONGRESSIONAL NOTIFICATION.—Not later than the date 
of the exercise of a waiver imder 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. 
22 use 6448. 
SEC. 408. PUBLICATION IN FEDERAL REGISTER. 
(a) IN GENERAL.—Subject to subsection (b), the President shall 
cause to be published in the Federal Register the following: 
(1) 
DETERMINATIONS OF GOVERNMENTS, OFFICIALS, AND 
ENTITIES OF PARTICULAR CONCERN.—^Any designation of a coun-
try 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 
PUBLIC LAW 105-292—OCT. 27, 1998 
112 STAT. 2809 
405(a) (or commensurate action in substitution thereto) and 
the effective date of the Presidential action. 
(3) 
DELAYS IN TRANSMITTAL OF PRESIDENTIAL ACTION 
REPORTS.—^Any delay in transmittal of a Presidential action 
report, as described in section 404(b). 
(4) WAIVERS.—^Any waiver under section 407. 
(b) LIMITED DISCLOSURE OF INFORMATION.—The President may 
limit publication of information under this section in the same 
manner and to the same extent as the President may limit the 
publication of findings and determinations described in section 
654(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2414(c)), 
if the President determines that the publication of information 
imder this section— 
(1) would be harmful to the national security of the United 
States; or 
(2) would not further the purposes of this Act. 
SEC. 409. TERMINATION OF PRESIDENTIAL ACTIONS. 
22 USC 6449. 
Any Presidential action taken under this Act with respect to 
a foreign country shall terminate on the earlier of the following 
dates: 
(1) TERMINATION DATE.—Within 2 years of the effective 
date of the Presidential action unless expressly reauthorized 
by law. 
(2) FOREIGN GOVERNMENT ACTIONS.—Upon the determina-
tion 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. 
22 USC 6450. 
No court shall have jurisdiction to review any Presidential 
determination or agency action imder this Act or any amendment 
made by this Act. 
Subtitle II—Stren^hening Existing Law 
SEC. 421. UNITED STATES ASSISTANCE. 
(a) IMPLEMENTATION OF PROHIBITION ON ECONOMIC ASSIST-
ANCE.—Section 116(c) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2151n(c)) is amended— 
(1) in the text above paragraph (1), by inserting "and 
in consultation with the Ambassador at Large for International 
Religious Freedom" after "Labor"; 
(2) by striking "and" at the end of 
paragraph (1); 
(3) by striking the period at the end of paragraph (2) 
and inserting "; 2ind"; and 
(4) by adding at the end the following new paragraph: 
"(3) whether the government— 
"(A) has engaged in or tolerated particularly severe 
violations of religious fi*eedom, as defined in section 3 of 
the International Religious Freedom Act of 1998; or 
"(B) has failed to undertake serious and sustained 
efforts to combat particularly severe violations of religious 
fi-eedom (as defined in section 3 of the International Reli-
gious Freedom Act of 1998), when such efforts could have 
been reasonably tindertaken.". 
112 STAT. 2810 
PUBLIC LAW 105-292—OCT. 27, 1998 
(b) 
IMPLEMENTATION OF PROHIBITION ON MILITARY ASSIST-
ANCE.—Section 502B(a) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2304(a)) is amended by adding at the end the following 
new paragraph: 
"(4) In determining whether the government of a country 
engages in a consistent pattern of gross violations of internationally 
recognized human rights, the President shall give particular consid-
eration to whether the government— 
"(A) has engaged in or tolerated particularly severe 
violations of religious freedom, as defined in section 3 of the 
International Religious Freedom Act of 1998; or 
"(B) has failed to undertake serious and sustained efforts 
to combat particularly severe violations of religious freedom 
when such efforts could have been reasonably undertaken.". 
SEC. 422. MULTILATERAL ASSISTANCE. 
Section 701 of the International Financial Institutions Act (22 
U.S.C. 262d) is amended by adding at the end the following new 
subsection: 
"(g) In determining whether the government of a country 
engages in a pattern of gross violations of internationally recognized 
human rights, as described in subsection (a), the President shsdl 
give particular consideration to whether a foreign government— 
"(1) has engaged in or tolerated particularly severe 
violations of religious freedom, as defined in section 3 of the 
International Religious Freedom Act of 1998; or 
"(2) has failed to vmdertake serious and sustained efforts 
to combat particularly severe violations of religious freedom 
when such efforts could have been reasonably undertaken.". 
22USC646L 
SEC. 423. EXPORTS OF CERTAIN ITEMS USED IN PARTICULARLY 
SEVERE VIOLATIONS OF RELIGIOUS FREEDOM. 
(a) MANDATORY LICENSING.—^Notwithstanding any other provi-
sion of law, the Secretary of Commerce, with the concurrence of 
the Secretary of State, shall include on the list of crime control 
and detection instruments or equipment controlled for export and 
reexport under section 6(n) of the Export Administration Act of 
1979 (22 U.S.C. App. 2405(n)), or under any other provision of 
law, items being exported or reexported to countries of particular 
concern for rehgious freedom that the Secretary of Commerce, with 
the concurrence of the Secretary of State, and in consultation with 
appropriate officials including the Assistant Secretary of State for 
Democracy, Human Rights and Labor and the Ambassador at Large, 
determines are being used or are intended for use directly and 
in significant measure to carry out particularly severe violations 
of religious freedom. 
(b) LICENSING BAN.—^The prohibition on the issuance of a 
license for export of crime control and detection instruments or 
equipment under section 502B(a)(2) of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2304(a)(2)) shall apply to the export and reexport 
of any item included pursuant to subsection (a) on the list of 
crime control instruments. 
PUBLIC LAW 105-292—OCT. 27, 1998 
112 STAT. 2811 
TITLE V—PROMOTION OF RELIGIOUS 
FREEDOM 
SEC. 501. ASSISTANCE FOR PROMOTING RELIGIOUS FREEDOM. 
(a) FINDINGS.—Congress makes the following findings: 
2i use 2i5in 
(1) In many nations where severe violations of religious note. 
freedom occur, there is not sufficient statutory legal protection 
for religious minorities or there is not sufficient cultural and 
social understanding of international norms of religious free-
dom. 
(2) Accordingly, in the provision of foreign assistance, the 
United States should make a priority of promoting and develop-
ing legal protections and cultural respect for religious freedom. 
(b) 
ALLOCATION OF FUNDS FOR INCREASED PROMOTION OF 
RELIGIOUS FREEDOMS.—Section 116(e) of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2151n(e)) is amended by inserting ", including 
the right to free religious belief and practice" after "adherence 
to civil and political rights". 
SEC. 502. INTERNATIONAL BROADCASTING. 
Section 303(a) of the United States International Broadcasting 
Act of 1994 (22 U.S.C. 6202(a)) is amended— 
(1) by striking "and" at the end of paragraph (6); 
(2) by striking the period at the end of paragraph (7) 
and inserting "; and"; and 
(3) by adding at the end the following: 
"(8) promote respect for human rights, including freedom 
of religion.". 
SEC. 503. INTERNATIONAL EXCHANGES. 
Section 102(b) of the Mutual Educational and 
Cultural 
Exchange Act of 1961 (22 U.S.C. 2452(b)) is amended— 
(1) by striking "and" after paragraph (10); 
(2) by striking the period at the end of paragraph (11) 
and inserting "; and"; and 
(3) by addiiig at the end the following: 
"(12) promoting respect for and guarantees of religious 
freedom abroad by interchanges and visits between the United 
States and other nations of religious leaders, scholars, and 
religious and legal experts in the field of religious freedom.". 
SEC. 504. FOREIGN SERVICE AWARDS. 
(a) PERFORMANCE PAY.—Section 405(d) of the Foreign Service 
Act of 1980 (22 U.S.C. 3965(d)) is amended by inserting after 
the first sentence the following: "Such service in the promotion 
of internationally recognized human rights, including the right to 
freedom of religion, shall serve as a basis for granting awards 
under this section.". 
(b) FOREIGN SERVICE AWARDS.—Section 614 of the Foreign Serv-
ice Act of 1980 (22 U.S.C. 4013) is amended by adding at the 
end the following new sentence: "Distinguished, meritorious service 
in the promotion of internationally recognized human rights, includ-
ing the right to freedom of religion, shall serve as a basis for 
granting awards under this section.". 
112 STAT. 2812 
PUBLIC LAW 105-292—OCT. 27, 1998 
TITLE VI—REFUGEE, ASYLUM, AND 
CONSULAR MATTERS 
22 use 6471. 
SEC. 601. USE OF ANNUAL REPORT. 
The Annual Report, together with other relevant documenta-
tion, shall serve as a resource for immigration judges and consular, 
refugee, and asylum officers in cases involving claims of persecution 
on the grounds of religion. Absence of reference by the Annual 
Report to conditions described by the alien shall not constitute 
the sole grounds for a denial of the alien's claim. 
22 use 6472. 
SEC. 602. REFORM OF REFUGEE POLICY. 
(a) TRAINING.—Section 207 of the Immigration and Nationality 
Act (8 U.S.C. 1157) is amended by adding at the end the following 
new subsection: 
"(f)(1) The Attorney General, in consultation with the Secretary 
of State, shall provide all United States officials adjudicating refu-
gee cases under this section with the same training as that provided 
to officers adjudicating asylum cases imder section 208. 
"(2) Such training shall include country-specific conditions, 
instruction on the internationally recognized right to freedom of 
religion, instruction on methods of religious persecution practiced 
in foreign countries, and applicable distinctions within a country 
between the nature of and treatment of various religious practices 
and believers.". 
(b) TRAINING FOR FOREIGN SERVICE OFFICERS.—Section 
708 
of the Foreign Service Act of 1980, as added by section 104 of 
this Act, is further amended— 
(1) by inserting "(a)" before "The Secretary of State"; and 
(2) by adding at the end the following: 
"(b) The Secretary of State shall provide sessions on refugee 
law and adjudications and on religious persecution to each individ-
ual seeking a commission as a United States consular officer. The 
Secretary shall also ensure that any member of the Service who 
is assigned to a position that may be called upon to assess requests 
for consideration for refugee admissions, including any consular 
officer, has completed training on refugee law and refugee adjudica-
tions in addition to the training required in this section.". 
(c) GUIDELINES FOR REFUGEE-PROCESSING POSTS.— 
(1) 
GUIDELINES FOR ADDRESSING HOSTILE BIASES.—The 
Attorney General and the Secretary of State shall develop 
and implement guidelines that address potential biases in 
personnel of the Immigration and Naturalization Service that 
are hired abroad and involved with duties which could con-
stitute an effective barrier to a refugee claim if such personnel 
carries a bias against the claimant on the grounds of religion, 
race, nationality, membership in a particular social group, or 
political opinion. The subject matter of this training should 
be culturally sensitive and tailored to provide a nonbiased, 
nonadversarial atmosphere for the purpose of refugee adjudica-
tions. 
(2) 
GUIDELINES 
FOR 
REFUGEE-PROCESSING 
POSTS 
IN 
ESTABLISHING AGREEMENTS WITH UNITED STATES GOVERNMENT-
DESIGNATED REFUGEE PROCESSING ENTITIES.—The Attorney 
General £ind the Secretary of State shall develop and implement 
PUBLIC LAW 105-292—OCT. 27, 1998 
112 STAT. 2813 
guidelines to ensure uniform procedures for establishing agree-
ments with United States Government-designated 
reftigee 
processing entities and personnel, and uniform procedures for 
such entities and personnel responsible for preparing refugee 
case files for use by the Immigration and Naturalization Service 
during refugee adjudications. These procedures should ensure, 
to the extent practicable, that case files prepared by such 
entities accurately reflect information provided by the refugee 
applicslnts and that genuine refugee applicants are not dis-
advantaged or denied refugee status due to faulty case file 
preparation. 
(d) ANNUAL CONSULTATION.—The President shall include in President. 
each annual report on proposed refugee admissions under section 
207(d) of the Immigration and Nationality Act (8 U.S.C. 1157(d)) 
information about religious persecution of refugee populations 
eligible for consideration for admission to the United States. The 
Secretary of State shall include information on religious persecution 
of refiigee populations in the formal testimony presented to the 
Committees on the Judiciary of the House of Representatives and 
the Senate during the consultation process under section 207(e) 
of the Immigration and Nationality Act (8 U.S.C. 1157(e)). 
SEC. 603. REFORM OF ASYLUM POLICY. 
22 USC 6473. 
(a) GUIDELINES.—The Attorney General and the Secretary of 
State shall develop guidelines to ensure that persons with potential 
biases against individuals on the grounds of religion, race, national-
ity, membership in a particular social group, or political opinion, 
including interpreters and personnel of airlines owned by govern-
ments known to be involved in practices which would meet the 
definition of persecution under international refugee law, shall not 
in any manner be used to interpret conversations between aliens 
and inspection or asylum officers. 
(b) TRAINING FOR ASYLUM AND IMMIGRATION OFFICERS.—The 
Attorney General, in consultation with the Secretary of State, the 
Ambassador at Large, and other relevant officials such as the 
Director of the National Foreign Affairs Training Center, shall 
provide training to all officers adjudicating asylum cases, and to 
immigration officers performing duties under section 235(b) of the 
Immigration and Nationality Act (8 U.S.C. 1225(b)), on the nature 
of religious persecution abroad, including country-specific condi-
tions, instruction on the internationally recognized right to fi*eedom 
of religion, instruction on methods of religious persecution practiced 
in foreign countries, and applicable distinctions within a country 
in the treatment of various religious practices and believers. 
(c) TRAINING FOR IMMIGRATION JUDGES.—The Executive Office 
of Immigration Review of the Department of Justice shall incor-
porate into its initial and ongoing training of immigration judges 
training on the extent and nature of religious persecution inter-
nationally, including country-specific conditions, and including use 
of the Annual Report. Such training shall include governmental 
and nongovernmental methods of persecution employed, and dif-
ferences in the treatment of religious groups by such persecuting 
entities. 
112 STAT. 2814 
PUBLIC LAW 105-292—OCT. 27, 1998 
SEC. 604. INADMISSffilLITY OF FOREIGN GOVERNMENT OFFICIALS 
WHO HAVE ENGAGED IN PARTICULARLY SEVERE VIOLA-
TIONS OF RELIGIOUS FREEDOM. 
(a) INELIGIBILITY FOR VISAS OR ADMISSION.—Section 212(a)(2) 
of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is 
amended by adding at the end the following new subparagraph: 
"(G) 
FOREIGN 
GOVERNMENT 
OFFICIALS 
WHO 
HAVE 
ENGAGED IN PARTICULARLY SEVERE VIOLATIONS OF RELI-
GIOUS FREEDOM.—^Any alien who, while serving as a foreign 
government official, was responsible for or directly carried 
out, at any time during the preceding 24-month period, 
particularly severe violations of religious freedom, as 
defined in section 3 of the International Religious Freedom 
Act of 1998, and the spouse and children, if any, are 
inadmissible.". 
8 use 1182 note. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall apply to aliens seeking to enter the United States on or 
after the date of the enactment of this Act. 
22 use 6474. 
SEC. 605. STUDIES ON THE EFFECT OF EXPEDITED REMOVAL PROVI-
SIONS ON ASYLUM CLAIMS. 
(a) STUDIES.— 
(1) COMMISSION REQUEST FOR PARTICIPATION BY EXPERTS 
' 
ON REFUGEE AND ASYLUM ISSUES.—If the Commission so 
requests, the Attorney General shall invite experts designated 
by the Commission, who are recognized for their expertise 
and knowledge of refugee and asylum issues, to conduct a 
study, in cooperation with the Comptroller General of the 
United States, to determine whether immigration 
officers 
described in paragraph (2) are engaging in any of the conduct 
described in such paragraph. 
(2) DUTIES OF COMPTROLLER GENERAL.—The Comptroller 
General of the United States shall conduct a study alone or, 
upon request by the Commission, in cooperation with experts 
designated by the Commission, to determine whether immigra-
tion officers performing duties under section 235(b) of the 
Immigration and Nationality Act (8 U.S.C. 1225(b)) with respect 
to aliens who may be eligible to be granted asylum are engaging 
in any of the following conduct: 
(A) Improperly encouraging such aliens to withdraw 
their applications for admission. 
(B) Incorrectly failing to refer such aliens for an inter-
view by an asylum officer for a determination of whether 
they have a credible fear of persecution (within the meaning 
of section 235(b)(l)(B)(v) of such Act). 
(C) Incorrectly removing such aliens to a country where 
they may be persecuted. 
(D) Detaining such aliens improperly or in inappropri-
ate conditions. 
(b) REPORTS.— 
(1) PARTICIPATION BY EXPERTS.—In the case of a Commis-
sion request under subsection (a), the experts designated by 
the Commission under that subsection may submit a report 
to the committees described in paragraph (2). Such report may 
be submitted with the Comptroller General's report under sub-
section (a)(2) or independently. 
PUBLIC LAW 105-292—OCT. 27, 1998 
112 STAT. 2815 
(2) DUTIES OF COMPTROLLER GENERAL.—Not later than Reports. 
September 1, 2000, the Comptroller General of the United 
States shall submit to the Committees on the Judiciary of 
the House of Representatives and the Senate, the Committee 
on International Relations of the House of Representatives, 
and the Committee on Foreign Relations of the Senate a report 
containing the results of the study conducted under subsection 
(a)(2). If tne Commission requests designated experts to partici-
pate with the Comptroller General in the preparation and 
submission of the report, the Comptroller General shall grant 
the request. 
(c) ACCESS TO PROCEEDINGS.— 
(1) IN GENERAL.—Except as provided in paragraph (2), to 
facilitate the studies and reports, the Attorney General shall 
permit the CoroptroUer General of the United States and, in 
the case of a Cfommission request under subsection (a), the 
experts designated under subsection (a) to have unrestricted 
' 
access to all stages of all proceedings conducted under section 
235(b) of the Immigration and Nationality Act. 
(2) EXCEPTIONS.—Paragraph (1) shall not apply in cases 
in which the alien objects to such access, or the Attorney 
General determines that the security of a particular proceeding 
would be threatened by such access, so long as any restrictions 
on the access of experts designated by the Commission under 
subsection (a) do not contravene international law. 
TITLE VII—MISCELLANEOUS 
PROVISIONS 
SEC. 701. BUSINESS CODES OF CONDUCT. 
22 USC 6481. 
(a) CONGRESSIONAL FINDING.—Congress recognizes the increas-
ing importance of transnational corporations as global actors, and 
their potential for providing positive leadership in their host coun-
tries in the area of humgm rights. 
(b) SENSE OF THE CONGRESS.—It is the sense of the Congress 
that transnational corporations operating overseas, particularly 
those corporations operating in coiuitries the governments of which 
have engaged in or tolerated violations of religious freedom, as 
identified in the Annual Report, should adopt codes of conduct— 
(1) upholding the right to freedom of religion of their 
employees; and 
(2) ensuring that a worker's religious views and peaceful 
practices of belief in no way affect, or be allowed to affect, 
the status or terms of his or her emplo3nnent. 
Approved October 27, 1998. 
L E G I S L A T I V E HISTORY—H.R. 2431: 
HOUSE REPORTS: No. 105-480, Pt. 1 (Comm. on International Relations), Pt. 2 
(Comm. on Ways and Means), and Pt. 3 (Comm. on the Judici-
ary). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
May 14, considered and passed House. 
Oct. 8, 9, considered and passed Senate, amended. 
Oct. 10, House concurred in Senate amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998): 
Oct. 27, Presidential statement.