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H.R.2431
One Hundred Fifth Congress of the
United States of America
AT THE SECOND SESSION
Begun
and held at the City of Washington on Tuesday, the twenty-seventh day of
January, one thousand nine hundred and
ninety-eight
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 OF CONTENTS - The table of
contents for this Act is as follows:
Sec. 1. Short title; table of
contents.
Sec. 2. Findings; policy.
Sec. 3. Definitions.
TITLE
I -- DEPARTMENT OF STATE ACTIVITIES
Sec. 101. Office on International
Religious Freedom; Ambassador at Large for International Religious Freedom.
Sec. 102. Reports.
Sec. 103. Establishment of a
religious freedom Internet site.
Sec. 104. Training for Foreign
Service officers.
Sec. 105. High-level contacts with
nongovernmental organizations.
Sec. 106. Programs and allocations
of funds by United States missions abroad.
Sec. 107. Equal access to United
States missions abroad for conducting religious activities.
Sec. 108. Prisoner lists and issue
briefs on religious freedom concerns.
TITLE
II -- COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM
Sec. 201. Establishment and
composition.
Sec. 202. Duties of the Commission.
Sec. 203. Report of the Commission.
Sec. 204. Applicability of other
laws.
Sec. 205. Authorization of
appropriations.
Sec. 206. Termination.
TITLE
III -- NATIONAL SECURITY COUNCIL
Sec. 301. Special Adviser on
International Religious Freedom.
TITLE
IV -- PRESIDENTIAL ACTIONS
Subtitle I -- Targeted Responses to
Violations of Religious Freedom Abroad
Sec. 401. Presidential actions in
response to violations of religious freedom.
Sec. 402. Presidential actions in
response to particularly severe violations of religious freedom.
Sec. 403. Consultations.
Sec. 404. Report to Congress.
Sec. 405. Description of
Presidential actions.
Sec. 406. Effects on existing
contracts.
Sec. 407. Presidential waiver.
Sec. 408. Publication in Federal
Register.
Sec. 409. Termination of
Presidential actions.
Sec. 410. Preclusion of judicial
review.
Subtitle II -- Strengthening Existing Law
Sec. 421. United States assistance.
Sec. 422. Multilateral assistance.
Sec. 423. Exports of certain items
used in particularly severe violations of 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.
SEC. 2. FINDINGS; POLICY.
(a) FINDINGS -
Congress makes the following findings:
(1) The right to freedom of religion
undergirds the very origin and existence of the United States. Many of our
Nation's
founders
fled religious persecution abroad, cherishing in their hearts and minds the
ideal of religious freedom. They established in law, as a fundamental right and
as a pillar of our Nation, the right to freedom of religion. From its birth to
this day, the United States has prized this legacy of religious freedom and
honored this heritage by standing for religious freedom and offering refuge to
those suffering religious persecution.
(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 freedom to have or to adopt a religion or belief of his
choice, and freedom, either individually or in community with others and in
public or private, to manifest his religion or belief in worship, observance,
practice, and teaching'. Governments have the responsibility to protect the
fundamental rights of their citizens and to pursue justice for all. Religious
freedom is a fundamental right of every individual, regardless of race, sex,
country, creed, or nationality, and should never be arbitrarily abridged by any
government.
(4) The right to freedom of religion
is under 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 government-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 `religious police', severe prohibitions against
construction and repair of places of worship, denial 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, distributing, or possessing
religious literature and materials.
(5) Even more abhorrent, religious
believers in many countries face such severe and violent forms of religious
persecution as detention, torture, beatings, forced marriage, rape,
imprisonment, enslavement, mass resettlement, and death merely for the peaceful
belief in, change of or practice of their faith. In many countries, religious
believers are forced to meet 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,
systematic, and heinous under totalitarian governments and in countries with
militant, 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 Representatives with respect to
the persecution of Christians worldwide.
(B)
Senate Concurrent Resolution 71 of the One
Hundred Fourth Congress, expressing the sense of the Senate regarding
persecution of Christians worldwide.
(C)
House Concurrent Resolution 102 of the One
Hundred Fourth Congress, expressing the sense of the House of Representatives
concerning the emancipation of the Iranian Baha'i community.
(b) POLICY - It shall be the
policy of the United States, as follows:
(1) To condemn violations of
religious freedom, and to promote, 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 development 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 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 unwavering 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 religious 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
documents 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 all governments and peoples.
SEC. 3. DEFINITIONS.
In
this Act:
(1) AMBASSADOR AT LARGE - The term `Ambassador at Large' means the
Ambassador at Large for International Religious 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) APPROPRIATE 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 taking 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 Committee 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.
(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 International
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 101(i) of the National Security Act of 1947, as added by section 301 of
this Act.
(13) VIOLATIONS OF RELIGIOUS FREEDOM - The term `violations of religious
freedom' means violations of the internationally 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 punishment 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; AMBASSADOR 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 under subsection (b).
(b) APPOINTMENT -
The Ambassador at Large shall be appointed by the President, by and with the
advice and consent of the Senate.
(c) DUTIES
- The Ambassador at Large shall have the following responsibilities:
(1) IN GENERAL - The primary responsibility of the Ambassador at Large
shall be to advance the right to freedom of religion abroad, to denounce the
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 Freedom, 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; and
(B)
policies to advance the right to religious
freedom abroad.
(3) DIPLOMATIC REPRESENTATION - Subject to
the direction of the President and the Secretary of State, the Ambassador at
Large is authorized to represent the United States in matters and cases
relevant to religious freedom abroad in--
(A) contacts
with foreign governments, intergovernmental organizations, and specialized
agencies of the United Nations, the Organization on Security and Cooperation in
Europe, and other international organizations of which the United States is a
member; and
(B) multilateral
conferences and meetings relevant to
religious freedom abroad.
(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
Ambassador 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.
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 religion and those portions of other
information provided Congress under sections 116 and 502B of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151m, 2304) that relate to the right to
freedom of religion.
(b)
ANNUAL REPORT ON INTERNATIONAL RELIGIOUS FREEDOM -
(1) DEADLINE FOR SUBMISSION - On September
1 of each year or the first day thereafter on which the appropriate House of
Congress is in session, the Secretary of State, with the assistance of the
Ambassador at Large, and taking into consideration the recommendations of the
Commission, shall prepare and transmit to Congress an Annual Report on
International Religious Freedom supplementing the most recent Human Rights
Reports by providing additional detailed information with respect to matters
involving international religious freedom. 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 assessment 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 nongovernmental entities, persecution targeted at individuals
or particular denominations or entire religions, the existence of government
policies violating religious freedom, and the existence of government policies
concerning--
(i)
limitations or prohibitions on, or lack of
availability of, openly conducted, 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 measures and policies
implemented during the preceding 12 months by
the United States under titles I, IV, and V of this Act in opposition to
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
government entered into by the United States under section 401(b) or 402(c).
(E) TRAINING AND GUIDELINES OF
GOVERNMENT PERSONNEL - A description of--
(i)
the training described in section 602(a) and (b)
and section 603(b) and (c) on violations of religious freedom provided to
immigration judges and consular, 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:
(i)
COUNTRIES
IN WHICH THE UNITED STATES IS ACTIVELY PROMOTING RELIGIOUS FREEDOM
- An identification 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 violations 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 concern 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 countries the governments of which have
demonstrated significant improvement in the protection and promotion of the
internationally recognized right to freedom 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 an analysis of the factors
contributing to such improvement, including actions taken by the United States
under this Act.
(2) CLASSIFIED ADDENDUM - If the Secretary of State determines that it
is in the national security interests of the United States or is necessary for
the safety of individuals to be identified in the Annual Report or is necessary
to further the purposes of this Act, any information required by paragraph (1), 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 addendum 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 Annual Report on International Religious Freedom, and the
Executive Summary, United States mission personnel shall, as appropriate, 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 organizations 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 Foreign 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:
`(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 Ambassador 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 Freedom Act of 1998).'.
SEC. 103. ESTABLISHMENT OF A
RELIGIOUS FREEDOM INTERNET SITE.
In
order to facilitate access by nongovernmental organizations (NGOs) and by the
public around the world to international documents on the protection of
religious freedom, the Secretary of State, with the assistance of the
Ambassador at Large, shall establish and maintain an Internet site containing
major international documents relating to religious freedom, the Annual Report,
the Executive 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.
`The Secretary of State, with the
assistance of other relevant officials, such as the Ambassador at Large for
International Religious Freedom appointed under section 101(b) of the
International Religious Freedom Act of 1998 and the director of the National
Foreign Affairs Training Center, shall establish as part of the standard training
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 freedom of religion, the nature,
activities, and beliefs of different religions, and the various aspects and
manifestations of violations of religious freedom.'.
SEC. 105. HIGH-LEVEL CONTACTS
WITH NONGOVERNMENTAL ORGANIZATIONS.
United States chiefs of mission
shall seek out and contact religious nongovernmental organizations to provide
high-level meetings with religious nongovernmental organizations where
appropriate and beneficial. United States chiefs of mission and Foreign Service
officers abroad shall seek to meet with imprisoned religious leaders where
appropriate and beneficial.
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 freedom of religion; and
(2) in allocating or recommending
the allocation of funds or the recommendation of candidates for programs and
grants funded by the United States Government, United States diplomatic
missions should give particular consideration to those programs and candidates
deemed to assist in the promotion of the right to religious freedom.
SEC. 107. EQUAL ACCESS TO
UNITED STATES MISSIONS ABROAD
FOR CONDUCTING RELIGIOUS
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 diplomatic mission, access to the premises of any United States
diplomatic mission or consular post by any United States citizen seeking to
conduct an activity for religious purposes.
(b) TIMING AND LOCATION -
The Secretary of State shall make reasonable accommodations with respect to the
timing and location of such access in light of --
(1) the number of United States
citizens 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 nonofficial 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.
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 officials 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 Democracy, Human Rights and Labor, United States chiefs of mission
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, including 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.
(a) IN GENERAL -
There is established the United States Commission on International Religious
Freedom.
(b) MEMBERSHIP -
(1) APPOINTMENT - The Commission shall be composed of --
(A) the Ambassador at Large,
who shall serve ex officio as a nonvoting member of the Commission; and
(B) 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 Representatives, 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.
(B) SECURITY CLEARANCES -
Each member of the Commission shall be required to obtain a security clearance.
(3) TIME OF
APPOINTMENT- The appointments required by paragraph (1) shall be made not
later than 120 days after the date of the enactment of this Act.
(c) TERMS -
The term of office of each member of the Commission shall be 2 years. Members
of the Commission shall be eligible for reappointment to a second term.
(d) ELECTION OF CHAIR -
At the first meeting of the Commission in each calendar year, a majority of the
members of the Commission present and voting shall elect the Chair of the
Commission.
(e) QUORUM -
Six voting members of the Commission shall constitute a quorum for purposes of
transacting business.
(f) MEETINGS -
Each year, within 15 days, or as soon as practicable, after the issuance of the
Country Report on Human Rights Practices, the Commission shall convene. The
Commission shall otherwise meet at the call of the Chair or, if no Chair has
been elected for that calendar year, at the call of six voting members of the
Commission.
(g) VACANCIES -
Any vacancy of the Commission shall not affect its powers, but shall be filled
in the manner in which the original appointment was made.
(h) ADMINISTRATIVE SUPPORT -
The Secretary of State shall assist the Commission by providing to the
Commission such staff and administrative services of the Office as may be
necessary and appropriate for the Commission to perform its functions. Any
employee of the executive branch of Government may be detailed to the
Commission without reimbursement to the agency of that employee and such detail
shall be without interruption or loss of civil service status or privilege.
(i) FUNDING -
Members of the Commission shall be 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.
SEC. 202. DUTIES OF THE
COMMISSION.
(a) IN GENERAL -
The Commission shall have as its primary responsibility--
(1) the annual and ongoing review of the facts and
circumstances of violations of religious freedom presented in the Country
Reports on Human Rights Practices, the Annual Report, and the Executive
Summary, as well as information from other sources as appropriate; and
(2) the making of policy
recommendations to the President, the Secretary of State, and Congress with
respect to matters
involving international religious
freedom.
(b) POLICY REVIEW AND
RECOMMENDATIONS IN RESPONSE TO VIOLATIONS - The Commission, in
evaluating United States Government policies in response to violations of
religious freedom, shall consider and recommend options for policies of the
United States Government with respect to each foreign country the government of
which has engaged in or tolerated violations of religious freedom, including
particularly severe violations of religious freedom, including diplomatic
inquiries, diplomatic protest, official public protest demarche of protest,
condemnation within multilateral fora, delay or cancellation of cultural or
scientific exchanges, delay or cancellation of working, official, or state
visits, reduction of certain assistance funds, termination of certain
assistance funds, imposition of targeted trade sanctions, imposition of broad
trade sanctions, and withdrawal of the chief of mission.
(c) POLICY REVIEW AND
RECOMMENDATIONS IN 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 freedom, shall consider and recommend policy
options, including private commendation, diplomatic commendation, 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 subsections (b) and (c), the Commission shall also indicate its
evaluation of the potential effects of such policies, if implemented, on the
religious communities and individuals whose rights are found to be violated in
the country in question.
(e) MONITORING -
The Commission shall, on an ongoing basis, monitor facts and circumstances of
violations of religious freedom, in consultation with independent human rights
groups and nongovernmental 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 Government.
(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.
(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 recommendations, 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.
The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.
SEC. 205. AUTHORIZATION OF
APPROPRIATIONS.
(a) IN GENERAL -
There are authorized to be 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 appropriated under subparagraph (a) are authorized to
remain available until expended but not later than the date of termination of
the Commission.
SEC. 206. TERMINATION.
The
Commission shall terminate 4 years after the initial appointment of all of the
Commissioners.
TITLE III -- NATIONAL SECURITY
COUNCIL
SEC. 301. SPECIAL ADVISER ON
INTERNATIONAL RELIGIOUS FREEDOM.
Section 101 of the National Security Act
of 1947 (50 U.S.C. 402) is amended by adding at the end the following new
subsection:
`(i) It is the sense of the Congress that there should be within
the staff of the National Security Council a Special Adviser to the President
on International Religious Freedom, whose position should be comparable to that
of a director within the Executive Office of the President. The Special Adviser
should serve as a resource for executive branch officials, compiling and
maintaining information on the facts and circumstances of violations of
religious freedom (as defined in section 3 of the International Religious
Freedom Act of 1998), and making policy recommendations. The Special Adviser
should serve as liaison with the Ambassador at Large for International
Religious Freedom, the United States Commission on International Religious
Freedom, Congress and, as advisable, religious nongovernmental organizations.'.
TITLE IV -- PRESIDENTIAL
ACTIONS
Subtitle I -- Targeted Responses to Violations of Religious
Freedom Abroad
SEC. 401. PRESIDENTIAL ACTIONS
IN RESPONSE
TO VIOLATIONS OF RELIGIOUS
FREEDOM.
(a) RESPONSE TO VIOLATIONS
OF RELIGIOUS FREEDOM -
(1) IN GENERAL -
(A) UNITED STATES POLICY - It
shall be the policy of the United States--
(i)
to oppose violations of religious freedom that
are or have been engaged in or tolerated by the governments 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 oppose such
violations and promote the right to freedom of religion in that country through
the actions described in subsection (b).
(2) BASIS OF ACTIONS - Each action taken under paragraph (1)(B) shall
be based upon information regarding violations of religious freedom, as
described in the latest Country Reports on Human Rights Practices, the Annual
Report and Executive Summary, and on any other evidence available, and shall
take into account any findings or recommendations by the Commission with
respect to the foreign country.
(b) PRESIDENTIAL ACTIONS -
(1) IN GENERAL - Subject to paragraphs (2) and (3), the President, in
consultation with the Secretary of State, the Ambassador at Large, the Special
Adviser, and the Commission, shall, as expeditiously as practicable in response
to the violations described in subsection (a) by the government of a foreign
country --
(A) take one or more of the actions
described in paragraphs (1) through (15) of section 405(a) (or commensurate
action in substitution thereto) with
respect to such country; or
(B) negotiate and enter into a
binding agreement with the government
of such country, as described in section 405(c).
(2) DEADLINE FOR ACTIONS - Not later than September 1 of each year, the
President shall take action under any of paragraphs (1) through (15) of section
405(a) (or commensurate action in substitution thereto) with respect to each
foreign country the government of which has engaged in or tolerated violations
of religious freedom at any time since September 1 of the preceding year,
except that in the case of action under any of paragraphs (9) through (15) of
section 405(a) (or commensurate action in substitution thereto)--
(A) the action may only be taken
after the requirements of sections 403
and 404 have been satisfied; and
(B) the September 1 limitation shall
not apply.
(3) AUTHORITY FOR DELAY OF PRESIDENTIAL ACTIONS - The President may delay action under paragraph (2)
described in any of paragraphs (9) through (15) of section 405(a) (or
commensurate 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 religious freedom under section 402(c)(3).
(c) IMPLEMENTATION -
(1) IN GENERAL - In carrying out subsection (b), the President shall --
(A) take the action or actions
that most 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 officials thereof,
that are responsible for such violations;
and
(C) when appropriate, make
every reasonable effort to conclude a binding agreement concerning the
cessation 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 determining whether to take a
Presidential action under paragraphs (9) through (15) of section 405(a) (or
commensurate action in substitution thereto), shall seek to minimize any adverse
impact on --
(A) the population of the
country whose government is targeted by the Presidential action or actions; and
(B) the humanitarian activities
of United States and foreign nongovernmental organizations in such country.
SEC. 402. PRESIDENTIAL ACTIONS
IN RESPONSE TO PARTICULARLY SEVERE VIOLATIONS OF RELIGIOUS FREEDOM.
(a) RESPONSE TO
PARTICULARLY SEVERE VIOLATIONS OF RELIGIOUS FREEDOM -
(1) UNITED STATES POLICY- It shall be the policy of the United States
--
(A) to oppose particularly
severe violations of religious freedom that are or have been engaged in or
tolerated by the governments of foreign countries; and
(B) to promote the right
to freedom of religion in those countries through the actions described in
subsection (c).
(2) REQUIREMENT OF PRESIDENTIAL ACTION - Whenever the President
determines that the government of a foreign country has engaged in or tolerated
particularly severe violations of religious freedom, the President shall oppose
such violations and promote the right to religious freedom through one or more
of the actions described in subsection (c).
(b) DESIGNATIONS OF
COUNTRIES OF PARTICULAR CONCERN FOR RELIGIOUS FREEDOM -
(1) ANNUAL REVIEW -
(A) IN GENERAL - Not later
than September 1 of each year, the President shall review the status of
religious freedom in each foreign country to determine whether the government
of that country has engaged in or tolerated particularly severe violations of
religious freedom in that country during the preceding 12 months or since the
date of the last review of that country under this subparagraph, whichever
period is longer. The President shall designate each country the government of
which has engaged in or tolerated violations described in this subparagraph as
a country of particular concern for religious freedom.
(B) BASIS OF REVIEW - Each
review conducted under subparagraph (A) shall be based upon information
contained 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 recommendations by the Commission with respect to the foreign
country.
(C) IMPLEMENTATION - Any
review under subparagraph (A) of a foreign country may take place singly or
jointly with the review of one or more countries and may take place at any time
prior to September 1 of the respective year.
(2) DETERMINATIONS OF RESPONSIBLE PARTIES - For the government of each
country designated as a country of particular concern for religious freedom
under paragraph (1)(A), the President shall seek to determine the agency or
instrumentality thereof and the specific officials thereof that are responsible
for the particularly severe violations of religious freedom engaged in or
tolerated by that government in order to appropriately target Presidential
actions under this section in response.
(3) CONGRESSIONAL NOTIFICATION - Whenever the President designates a
country as a country of particular concern for religious freedom under
paragraph (1)(A), the President shall, as soon as practicable after the
designation is made, transmit to the appropriate congressional committees --
(A) the designation of the
country, signed by the President; and
(B) the identification, if any,
of responsible parties determined under paragraph (2).
(c) PRESIDENTIAL ACTIONS
WITH RESPECT TO COUNTRIES OF PARTICULAR CONCERN FOR RELIGIOUS FREEDOM -
(1) IN GENERAL - Subject to paragraphs (2), (3), and (4) with respect
to each country of particular concern for religious freedom designated under
subsection (b)(1)(A), the President shall, after the requirements of sections
403 and 404 have been satisfied, but not later than 90 days (or 180 days in
case of a delay under paragraph (3)) after the date of designation of the
country under that subsection, carry out one or more of the following actions
under subparagraph (A) or subparagraph (B):
(A) PRESIDENTIAL ACTIONS -
One or more of the Presidential actions described in paragraphs (9) through
(15) of section 405(a), as determined by the President.
(B) COMMENSURATE ACTIONS -
Commensurate action in substitution to any action described in subparagraph
(A).
(2) SUBSTITUTION OF BINDING AGREEMENTS -
(A) IN GENERAL - In lieu of
carrying out action under paragraph (1), the President may conclude a binding
agreement with the respective foreign government as described in section
405(c). The existence of a binding agreement under this paragraph with a
foreign government may be considered by the President prior to making any
determination or taking any action under this title.
(B) STATUTORY CONSTRUCTION -
Nothing in this paragraph may be construed to authorize the entry of the United
States into an agreement covering matters outside the scope of violations of
religious freedom.
(3) AUTHORITY FOR DELAY OF PRESIDENTIAL ACTIONS - If, on or before the
date that the President is required (but for this paragraph) to take action
under paragraph (1), the President determines and certifies to Congress that a
single, additional period of time not to exceed 90 days is necessary --
(A) for a continuation of
negotiations that have been commenced with the government of that country to
bring about a cessation of the violations by the foreign country;
(B) for a continuation of
multilateral 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 country of
particular concern; or
(ii) in anticipation that
corrective action will be taken by the foreign country during the 90-day
period, then the President shall not be required to take action until the
expiration of that period of time.
(4) EXCEPTION FOR ONGOING PRESIDENTIAL 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 determine that one or more
of these sanctions also satisfies the requirements of this subsection. In a
report to Congress pursuant to section 404(a)(1), (2), (3), and (4), and, as
applicable, to section 408, the President must designate the specific sanction
or sanctions which he determines satisfy 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 assistance 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 concernfor religious freedom under section 402, as the case may be,
the President shall carry out the consultations required in this section.
(b) DUTY TO CONSULT WITH
FOREIGN GOVERNMENTS PRIOR TO TAKING PRESIDENTIAL ACTIONS -
(1) IN GENERAL - The President shall --
(A) request consultation with
the government of such country regarding the violations giving rise to
designation of that country as a country of particular concern for religious
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 determines 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
governments 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 identification of the
Presidential action or actions described in paragraphs (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.
(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 Congress.
(5) STATEMENT OF POLICY OPTIONS - A statement that noneconomic 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 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 Financial Institutions Act of 1977, directing the United
States executive directors of international financial institutions to oppose
and vote against loans primarily benefiting the specific foreign government,
agency, instrumentality, or official found or determined 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 technology to the
specific foreign government, agency, instrumentality, or official found or
determined by the President to be responsible for violations under section 401
or 402, under--
(A) the Export Administration
Act of 1979;
(B) the Arms Export Control
Act;
(C) the Atomic Energy Act of 1954;
or
(D) any other statute that
requires the prior review and approval of the United States
Government
as a condition 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 determined 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 responsible 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 congressional 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.
(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.
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 available; or
(C) if the President determines
in writing and so reports to Congress that such articles or services are
essential to the national security under defense coproduction agreements; or
(2) to products or services provided
under contracts entered into before the
date on which the President publishes his intention to take the Presidential
action.
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 substitution 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 under subsection (a), the President shall notify the appropriate
congressional committees of the waiver or the intention to exercise the waiver,
together with a detailed justification thereof.
SEC. 408. PUBLICATION IN
FEDERAL REGISTER.
(a) IN GENERAL -
Subject to subsection (b), the 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 country of particular concern for religious
freedom under section 402(b)(1), together with, when applicable and to the
extent practicable, the identities of the officials or entities determined to
be responsible for the violations under section 402(b)(2).
(2) PRESIDENTIAL ACTIONS - A description of any Presidential action
under paragraphs (9) through (15) of section 405(a) (or commensurate 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 under 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.
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 determination by the
President, in consultation with the Commission, and certification to Congress
that the foreign government has ceased or taken substantial and verifiable
steps to cease the particularly severe violations of religious freedom.
SEC. 410. PRECLUSION OF
JUDICIAL REVIEW.
No court shall have jurisdiction to
review any Presidential determination or agency action under this Act or any
amendment made by this Act.
Subtitle II -- Strengthening Existing Law
SEC. 421. UNITED STATES
ASSISTANCE.
(a) IMPLEMENTATION OF
PROHIBITION ON ECONOMIC ASSISTANCE -
Section 116(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(c)) is
amended --
(1) in the text above paragraph (1),
by inserting `and in consultation with the Ambassador at Large for
International Religious Freedom' after `Labor';
(2) by striking `and' at the end of
paragraph (1);
(3) by striking the period at the end of paragraph (2) and inserting `;
and'; 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 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 (as defined in section 3 of
the International Religious Freedom Act of 1998), when such efforts could have
been reasonably undertaken.'.
(b) IMPLEMENTATION OF
PROHIBITION ON MILITARY ASSISTANCE - Section 502B(a) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2304(a)) is amended by adding at
the end the following new paragraph:
`(4) In determining whether the
government of a country engages in a consistent pattern of gross violations of
internationally recognized human rights, the President shall give particular
consideration 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 shall 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 undertake serious
and sustained efforts to combat particularly severe violations of religious
freedom when such efforts could have been reasonably undertaken.'.
SEC. 423. EXPORTS OF CERTAIN
ITEMS USED IN PARTICULARLY SEVERE
VIOLATIONS OF RELIGIOUS
FREEDOM.
(a) MANDATORY LICENSING -
Notwithstanding any other provision of law, the Secretary of Commerce, with the
concurrence of the Secretary of State, shall include on the list of crime
control and detection instruments or
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 religious freedom that the Secretary of Commerce, with
the concurrence of the Secretary of State, and in consultation with appropriate
officials including the Assistant Secretary of State for Democracy, Human
Rights and Labor and the Ambassador at Large, determines are being used or are
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.
TITLE V -- PROMOTION OF
RELIGIOUS FREEDOM
SEC. 501. ASSISTANCE FOR
PROMOTING RELIGIOUS FREEDOM.
(a) FINDINGS -
Congress makes the following findings:
(1) In many nations where severe
violations of religious 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 freedom.
(2) Accordingly, in the provision of
foreign assistance, the United States should make a priority of promoting and
developing 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 adding at the end the
following:
`(12) promoting respect for and
guarantees of religious freedom abroad by interchanges and visits between the
United States and other nations of 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 Service 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, including
the right to freedom of religion, shall serve as a basis for granting awards
under this section.'.
TITLE VI -- REFUGEE, ASYLUM,
AND CONSULAR MATTERS
SEC. 601. USE OF ANNUAL REPORT.
The Annual Report, together with other
relevant documentation, 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 anual Report to
conditions described by the alien shall not constitute the sole grounds for a
denial of the alien's claim.
SEC. 602. REFORM OF REFUGEE
POLICY.
(a) TRAINING -
Section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) is amended
by adding at the end the following new subsection:
`(f)(1) The Attorney General, in
consultation with the Secretary of State, shall provide all United States
officials adjudicating refugee cases under this section with the same training
as that provided to officers adjudicating asylum cases under section 208.
`(2) Such training shall include
country-specific 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
individual seeking a commission as a United States consular officer. The
Secretary shall also ensure that any member of the Service who is assigned to a
position that may be called upon to assess requests for consideration for
refugee admissions, including any consular officer, has completed training on
refugee law and refugee adjudications in addition to the training required in
this section.'.
(c) GUIDELINES FOR
REFUGEE-PROCESSING POSTS -
(1) GUIDELINES FOR ADDRESSING HOSTILE 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 constitute 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 adjudications.
(2) GUIDELINES FOR REFUGEE-PROCESSING POSTS IN ESTABLISHING AGREEMENTS
WITH UNITED STATES GOVERNMENT-DESIGNATED REFUGEE PROCESSING ENTITIES - The
Attorney General and the Secretary of State shall develop and implement
guidelines to ensure uniform procedures for establishing agreements with United
States Government-designated refugee 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 applicants and that genuine refugee
applicants are not disadvantaged or denied refugee status due to faulty case
file preparation.
(d) ANNUAL CONSULTATION -
The President shall include in 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 refugee 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.
(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, nationality, membership in a particular social group, or
political opinion, including interpreters and personnel of airlines owned by
governments 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 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 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 incorporate into its initial and ongoing
training of immigration judges training on the extent and nature of religious
persecution internationally, including country-specific conditions, and
including use of the Annual Report. Such training shall include governmental
and nongovernmental methods of persecution employed, and differences in the
treatment of religious groups by such persecuting entities.
SEC. 604. INADMISSIBILITY OF
FOREIGN GOVERNMENT OFFICIALS WHO HAVE ENGAGED IN PARTICULARLY SEVERE VIOLATIONS
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 RELIGIOUS 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.'.
(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.
SEC. 605. STUDIES ON THE EFFECT
OF EXPEDITED REMOVAL
PROVISIONS 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
immigration 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 interview by an asylum officer for a determination of
whether they have a credible fear of persecution (within the meaning of section
235(b)(1)(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 inappropriate conditions.
(b) REPORTS -
(1) PARTICIPATION BY EXPERTS - In the case of a Commission 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
subsection (a)(2) or independently.
(2) DUTIES OF COMPTROLLER GENERAL - Not later than 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 the Commission requests designated experts to participate 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 Comptroller General
of the United States and, in the case of a Commission 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.
(a) CONGRESSIONAL FINDING -
Congress recognizes the increasing importance of transnational corporations as
global actors, and their potential for providing positive leadership in their
host countries in the area of human rights.
(b) SENSE OF THE CONGRESS -
It is the sense of the Congress that transnational corporations operating
overseas, particularly those corporations operating in countries 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 employment.
Speaker of the House of
Representatives.
Vice President of the United States
and
President of the Senate.