Public Law 105–292 105th Congress An Act

112 STAT. 2787PUBLIC LAW 105–292—OCT. 27, 1998

Public Law 105–292

105th Congress

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) S

HORT

ITLE

.—This Act may be cited as the ‘‘International

Religious Freedom Act of 1998’’.

(b) T

ABLE OF

ONTENTS

.—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.

22 USC 6401

note.

International

Religious

Freedom Act of

1998.

Oct. 27, 1998

[H.R. 2431]

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.

SEC. 2. FINDINGS; POLICY.

(a) F

INDINGS

.—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 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,

and freedom, either individually or in community with others

and in public or private, to manifest his religion or belief

22 USC 6401.

112 STAT. 2789PUBLIC LAW 105–292—OCT. 27, 1998

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 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 ‘‘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, distribut-

ing, or possessing religious literature and materials.

(5) Even more abhorrent, religious believers in many coun-

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 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 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 Christians worldwide.

dred Fourth Congress, expressing the sense of the House

of Representatives concerning the emancipation of the Ira-

nian Baha’i community.

(b) P

OLICY

.—It shall be the policy of the United States, as

follows:

(1) To condemn violations of religious freedom, and 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 all governments and

peoples.

SEC. 3. DEFINITIONS.

In this Act:

(1) A

MBASSADOR AT LARGE

.—The term ‘‘Ambassador at

Large’’ means the Ambassador at Large for International Reli-

gious Freedom appointed under section 101(b).

(2) A

NNUAL REPORT

.—The term ‘‘Annual Report’’ means

the Annual Report on International Religious Freedom

described in section 102(b).

(3) A

PPROPRIATE 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 Commit-

tee on Banking, Housing, and Urban Affairs of the Senate.

(4) C

OMMENSURATE ACTION

.—The term ‘‘commensurate

action’’ means action taken by the President under section

405(b).

(5) C

OMMISSION

.—The term ‘‘Commission’’ means the

United States Commission on International Religious Freedom

established in section 201(a).

(6) C

OUNTRY 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) E

XECUTIVE SUMMARY

.—The term ‘‘Executive Summary’’

means the Executive Summary to the Annual Report, as

described in section 102(b)(1)(F).

(8) G

OVERNMENT OR FOREIGN GOVERNMENT

.—The term

‘‘government’’ or ‘‘foreign government’’ includes any agency or

instrumentality of the government.

22 USC 6402.

112 STAT. 2791PUBLIC LAW 105–292—OCT. 27, 1998

(9) H

UMAN 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) O

FFICE

.—The term ‘‘Office’’ means the Office on Inter-

national Religious Freedom established in section 101(a).

(11) P

ARTICULARLY 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;

abduction or clandestine detention of those persons; or

(D) other flagrant denial of the right to life, liberty,

or the security of persons.

(12) S

PECIAL 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) V

IOLATIONS OF RELIGIOUS FREEDOM

.—The term

‘‘violations 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-

SADOR AT LARGE FOR INTERNATIONAL RELIGIOUS

FREEDOM.

(a) E

STABLISHMENT OF

FFICE

.—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).

22 USC 6411.

112 STAT. 2792 PUBLIC LAW 105–292—OCT. 27, 1998

(b) A

PPOINTMENT

.—The Ambassador at Large shall be

appointed by the President, by and with the advice and consent

of the Senate.

UTIES

.—The Ambassador at Large shall have the following

responsibilities:

(1) I

N 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) A

DVISORY 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; and

(B) policies to advance the right to religious freedom

abroad.

(3) D

IPLOMATIC 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) R

EPORTING RESPONSIBILITIES

.—The Ambassador at

Large shall have the reporting responsibilities described in

section 102.

(d) F

UNDING

.—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.

SEC. 102. REPORTS.

(a) P

ORTIONS OF

NNUAL

UMAN

IGHTS

EPORTS

.—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 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) A

NNUAL

EPORT ON

NTERNATIONAL

ELIGIOUS

REEDOM

.—

(1) D

EADLINE 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

22 USC 6412.

112 STAT. 2793PUBLIC LAW 105–292—OCT. 27, 1998

Rights Reports by providing additional detailed information

with respect to matters involving international religious free-

dom. Each Annual Report shall contain the following:

(A) S

TATUS 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) V

IOLATIONS 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 particular 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.

NITED 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) I

NTERNATIONAL 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) T

RAINING 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) E

XECUTIVE 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) C

OUNTRIES 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) C

OUNTRIES 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

an analysis of the factors contributing to such improve-

ment, including actions taken by the United States

under this Act.

(2) C

LASSIFIED 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.

REPARATION OF

EPORTS

EGARDING

IOLATIONS OF

ELIGIOUS

REEDOM

.—

(1) S

TANDARDS 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) C

ONTACTS 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 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 organizations and, when appropriate, investigating

such reports.

(d) A

MENDMENTS TO THE

OREIGN

SSISTANCE

CT OF

1961.—

(1) C

ONTENT 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

112 STAT. 2795PUBLIC LAW 105–292—OCT. 27, 1998

‘‘(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) C

ONTENTS 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.

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

and 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.

‘‘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

freedom of religion, the nature, activities, and beliefs of different

religions, and the various aspects and manifestations of viola-

tions 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 meet-

ings with religious nongovernmental organizations where appro-

priate and beneficial. United States chiefs of mission and Foreign

22 USC 6414.

22 USC 4028.

22 USC 6413.

112 STAT. 2796 PUBLIC LAW 105–292—OCT. 27, 1998

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 free-

dom 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 diplo-

matic 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) I

ENERAL

.—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) T

IMING AND

OCATION

.—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.

ISCRETIONARY

CCESS FOR

OREIGN

ATIONALS

.—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) S

ENSE OF THE

ONGRESS

.—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) P

RISONER

ISTS AND

SSUE

RIEFS ON

ELIGIOUS

REEDOM

ONCERNS

.—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

22 USC 6417.

22 USC 6416.

22 USC 6415.

112 STAT. 2797PUBLIC LAW 105–292—OCT. 27, 1998

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.

VAILABILITY OF

NFORMATION

.—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) I

ENERAL

.—There is established the United States

Commission on International Religious Freedom.

(b) M

EMBERSHIP

.—

(1) A

PPOINTMENT

.—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 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) S

ELECTION

.—

(A) I

N 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.

22 USC 6431.

112 STAT. 2798 PUBLIC LAW 105–292—OCT. 27, 1998

(B) S

ECURITY CLEARANCES

.—Each member of the

Commission shall be required to obtain a security clear-

ance.

(3) T

IME 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.

ERMS

.—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) E

LECTION OF

HAIR

.—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) Q

UORUM

.—Six voting members of the Commission shall

constitute a quorum for purposes of transacting business.

(f ) M

EETINGS

.—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) V

ACANCIES

.—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) A

DMINISTRATIVE

UPPORT

.—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) F

UNDING

.—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) I

ENERAL

.—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

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) P

OLICY

EVIEW AND

ECOMMENDATIONS IN

ESPONSE TO

IOLATIONS

.—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,

22 USC 6432.

112 STAT. 2799PUBLIC LAW 105–292—OCT. 27, 1998

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 funds, imposition of

targeted trade sanctions, imposition of broad trade sanctions, and

withdrawal of the chief of mission.

OLICY

EVIEW AND

ECOMMENDATIONS IN

ESPONSE TO

ROGRESS

.—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 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) E

FFECTS ON

ELIGIOUS

OMMUNITIES AND

NDIVIDUALS

.—

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) M

ONITORING

.—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 ) H

EARINGS AND

ESSIONS

.—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) I

ENERAL

.—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) C

LASSIFIED

ORM OF

EPORT

.—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.

NDIVIDUAL OR

ISSENTING

IEWS

.—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.

22 USC 6434.

22 USC 6433.

112 STAT. 2800 PUBLIC LAW 105–292—OCT. 27, 1998

SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

(a) I

ENERAL

.—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) A

VAILABILITY OF

UNDS

.—Amounts authorized to be appro-

priated 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 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

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) R

ESPONSE TO VIOLATIONS OF RELIGIOUS FREEDOM

.—

(1) I

N GENERAL

.—

(A) U

NITED 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) R

EQUIREMENT OF PRESIDENTIAL ACTION

.—For each

foreign country the government of which engages in or

tolerates violations of religious freedom, the President shall

22 USC 6441.

22 USC 6436.

22 USC 6435.

112 STAT. 2801PUBLIC LAW 105–292—OCT. 27, 1998

oppose such violations and promote the right to freedom

of religion in that country through the actions described

in subsection (b).

(2) B

ASIS 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) P

RESIDENTIAL

CTIONS

.—

(1) I

N 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;

(B) negotiate and enter into a binding agreement with

the government of such country, as described in section

405(c).

(2) D

EADLINE 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) A

UTHORITY 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).

MPLEMENTATION

.—

(1) I

N 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

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) G

UIDELINES 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.

SEC. 402. PRESIDENTIAL ACTIONS IN RESPONSE TO PARTICULARLY

SEVERE VIOLATIONS OF RELIGIOUS FREEDOM.

(a) R

ESPONSE TO

ARTICULARLY

EVERE

IOLATIONS OF

ELIGIOUS

REEDOM

.—

(1) U

NITED 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) R

EQUIREMENT 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) D

ESIGNATIONS OF

OUNTRIES OF

ARTICULAR

ONCERN FOR

ELIGIOUS

REEDOM

.—

(1) A

NNUAL REVIEW

.—

(A) I

N 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) B

ASIS 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.

MPLEMENTATION

.—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.

22 USC 6442.

112 STAT. 2803PUBLIC LAW 105–292—OCT. 27, 1998

(2) D

ETERMINATIONS OF RESPONSIBLE PARTIES

.—For the

government of each country designated as a country of particu-

lar 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 appro-

priately target Presidential actions under this section in

response.

(3) C

ONGRESSIONAL NOTIFICATION

.—Whenever the Presi-

dent 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).

RESIDENTIAL

CTIONS

ITH

ESPECT TO

OUNTRIES OF

ARTICULAR

ONCERN FOR

ELIGIOUS

REEDOM

.—

(1) I

N 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 designa-

tion of the country under that subsection, carry out one or

more of the following actions under subparagraph (A) or

subparagraph (B):

(A) P

RESIDENTIAL ACTIONS

.—One or more of the

Presidential actions described in paragraphs (9) through

(15) of section 405(a), as determined by the President.

(B) C

OMMENSURATE ACTIONS

.—Commensurate action

in substitution to any action described in subparagraph

(A).

(2) S

UBSTITUTION OF BINDING AGREEMENTS

.—

(A) I

N GENERAL

.—In lieu of carrying 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) S

TATUTORY 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 freedom.

(3) A

UTHORITY 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;

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) E

XCEPTION 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;

described in section 404(a)(1), (2), (3), and (4) regarding

the actions in effect with respect to the country; and

(D) at the time the President determines a country

to be a country of particular concern, if that country is

already subject to multiple, broad-based sanctions imposed

in significant part in response to human rights abuses,

and such sanctions are ongoing, the President may deter-

mine that one or more of these sanctions also satisfies

the requirements of this subsection. In a report to Congress

pursuant to section 404(a)(1), (2), (3), and (4), and, as

applicable, to section 408, the President must designate

the specific sanction or sanctions which he determines sat-

isfy the requirements of this subsection. The sanctions

so designated shall remain in effect subject to section 409

of this Act.

(d) S

TATUTORY

ONSTRUCTION

.—A determination under this

Act, or any amendment made by this Act, that a foreign country

has engaged in or tolerated particularly severe violations of religious

freedom shall not be construed to require the termination of assist-

ance or other activities with respect to that country under any

other provision of law, including section 116 or 502B of the Foreign

Assistance Act of 1961 (22 U.S.C. 2151n, 2304).

SEC. 403. CONSULTATIONS.

(a) I

ENERAL

.—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) D

UTY

ONSULT

ITH

OREIGN

OVERNMENTS

RIOR

AKING

RESIDENTIAL

CTIONS

.—

(1) I

N GENERAL

.—The President shall—

22 USC 6443.

112 STAT. 2805PUBLIC LAW 105–292—OCT. 27, 1998

(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) U

SE 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) E

LECTION 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.

UTY

ONSULT

ITH

UMANITARIAN

RGANIZATIONS

.—

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) D

UTY

ONSULT

ITH

NITED

TATES

NTERESTED

ARTIES

.—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) I

ENERAL

.—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) I

DENTIFICATION 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) D

ESCRIPTION OF VIOLATIONS

.—A description of the

violations giving rise to the Presidential action or actions to

be taken.

(3) P

URPOSE OF PRESIDENTIAL ACTIONS

.—A description of

the purpose of the Presidential action or actions.

22 USC 6444.

112 STAT. 2806 PUBLIC LAW 105–292—OCT. 27, 1998

(4) E

VALUATION

.—

(A) D

ESCRIPTION

.—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) A

UTHORITY 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) S

TATEMENT 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) D

ESCRIPTION OF MULTILATERAL NEGOTIATIONS

.—A

description of multilateral negotiations sought or carried out,

if appropriate and applicable.

(b) D

ELAY IN

RANSMITTAL OF

EPORT

.—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) D

ESCRIPTION OF

RESIDENTIAL

CTIONS

.—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

22 USC 6445.

112 STAT. 2807PUBLIC LAW 105–292—OCT. 27, 1998

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;

(D) any other statute that requires the prior review

and approval of the United States Government as a condi-

tion for the export or reexport of goods or services.

(14) Prohibiting any United States financial institution

from making loans or providing credits totaling more than

$10,000,000 in any 12-month period to the specific foreign

government, agency, instrumentality, or official found or deter-

mined by the President to be responsible for violations under

section 401 or 402.

(15) Prohibiting the United States Government from

procuring, or entering into any contract for the procurement

of, any goods or services from the foreign government, entities,

or officials found or determined by the President to be respon-

sible for violations under section 401 or 402.

(b) C

OMMENSURATE

CTION

.—Except as provided in subsection

(d), the President may substitute any other action authorized by

law for any action described in paragraphs (1) through (15) of

subsection (a) if such action is commensurate in effect to the action

substituted and if the action would further the policy of the United

States set forth in section 2(b) of this Act. The President shall

seek to take all appropriate and feasible actions authorized by

law to obtain the cessation of the violations. If commensurate action

is taken, the President shall report such action, together with

an explanation for taking such action, to the appropriate congres-

sional committees.

INDING

GREEMENTS

.—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) E

XCEPTIONS

.—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 avail-

able; or

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.

SEC. 407. PRESIDENTIAL WAIVER.

(a) I

ENERAL

.—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) C

ONGRESSIONAL

OTIFICATION

.—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) I

ENERAL

.—Subject to subsection (b), the President shall

cause to be published in the Federal Register the following:

(1) D

ETERMINATIONS 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) P

RESIDENTIAL ACTIONS

.—A description of any

Presidential action under paragraphs (9) through (15) of section

22 USC 6448.

22 USC 6447.

22 USC 6446.

112 STAT. 2809PUBLIC LAW 105–292—OCT. 27, 1998

405(a) (or commensurate action in substitution thereto) and

the effective date of the Presidential action.

(3) D

ELAYS IN TRANSMITTAL OF PRESIDENTIAL ACTION

REPORTS

.—Any delay in transmittal of a Presidential action

report, as described in section 404(b).

(4) W

AIVERS

.—Any waiver under section 407.

(b) L

IMITED

ISCLOSURE OF

NFORMATION

.—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) T

ERMINATION DATE

.—Within 2 years of the effective

date of the Presidential action unless expressly reauthorized

by law.

(2) F

OREIGN 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.

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) I

MPLEMENTATION OF

ROHIBITION ON

CONOMIC

SSIST

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 ‘‘; 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 Reli-

gious Freedom Act of 1998), when such efforts could have

been reasonably undertaken.’’.

22 USC 6450.

22 USC 6449.

112 STAT. 2810 PUBLIC LAW 105–292—OCT. 27, 1998

(b) I

MPLEMENTATION OF

ROHIBITION ON

ILITARY

SSIST

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 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) M

ANDATORY

ICENSING

.—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 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) L

ICENSING

.—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.

22 USC 6461.

112 STAT. 2811PUBLIC LAW 105–292—OCT. 27, 1998

TITLE V—PROMOTION OF RELIGIOUS

FREEDOM

SEC. 501. ASSISTANCE FOR PROMOTING RELIGIOUS FREEDOM.

(a) F

INDINGS

.—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 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) A

LLOCATION OF

UNDS FOR

NCREASED

ROMOTION OF

ELIGIOUS

REEDOMS

.—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) P

ERFORMANCE

.—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) F

OREIGN

ERVICE

WARDS

.—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.’’.

21 USC 2151n

note.

112 STAT. 2812 PUBLIC LAW 105–292—OCT. 27, 1998

TITLE VI—REFUGEE, ASYLUM, AND

CONSULAR MATTERS

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.

SEC. 602. REFORM OF REFUGEE POLICY.

(a) T

RAINING

.—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 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) T

RAINING FOR

OREIGN

ERVICE

FFICERS

.—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.’’.

UIDELINES FOR

EFUGEE

-P

ROCESSING

OSTS

.—

(1) G

UIDELINES 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) G

UIDELINES 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

22 USC 6472.

22 USC 6471.

112 STAT. 2813PUBLIC LAW 105–292—OCT. 27, 1998

guidelines to ensure uniform procedures for establishing agree-

ments 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 dis-

advantaged or denied refugee status due to faulty case file

preparation.

(d) A

NNUAL

ONSULTATION

.—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) G

UIDELINES

.—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) T

RAINING FOR

SYLUM AND

MMIGRATION

FFICERS

.—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 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.

RAINING FOR

MMIGRATION

UDGES

.—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.

22 USC 6473.

President.

112 STAT. 2814 PUBLIC LAW 105–292—OCT. 27, 1998

SEC. 604. INADMISSIBILITY OF FOREIGN GOVERNMENT OFFICIALS

WHO HAVE ENGAGED IN PARTICULARLY SEVERE VIOLA-

TIONS OF RELIGIOUS FREEDOM.

(a) I

NELIGIBILITY FOR

ISAS OR

DMISSION

.—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) F

OREIGN 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.’’.

(b) E

FFECTIVE

ATE

.—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 PROVI-

SIONS ON ASYLUM CLAIMS.

(a) S

TUDIES

.—

(1) C

OMMISSION 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) D

UTIES 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)(1)(B)(v) of such Act).

they may be persecuted.

(D) Detaining such aliens improperly or in inappropri-

ate conditions.

(b) R

EPORTS

.—

(1) P

ARTICIPATION 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.

22 USC 6474.

8 USC 1182 note.

112 STAT. 2815PUBLIC LAW 105–292—OCT. 27, 1998

LEGISLATIVE 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.

(2) D

UTIES 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 partici-

pate with the Comptroller General in the preparation and

submission of the report, the Comptroller General shall grant

the request.

CCESS TO

ROCEEDINGS

.—

(1) I

N 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) E

XCEPTIONS

.—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) C

ONGRESSIONAL

INDING

.—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 human rights.

(b) S

ENSE OF THE

ONGRESS

.—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.

Approved October 27, 1998.

22 USC 6481.

Reports.