II
Calendar No. 456
105TH CONGRESS
2D SESSION
H. R. 2431
IN THE SENATE OF THE UNITED STATES
MAY 14, 1998
Received
JULY 6, 1998
Read the first time
JULY 7, 1998
Read the second time and placed on the calendar
AN ACT
To establish an Office of Religious Persecution Monitoring,
to provide for the imposition of sanctions against coun-
tries engaged in a pattern of religious persecution, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Freedom From Reli-
gious Persecution Act of 1998’’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress makes the following
findings:
(1) Governments have a primary responsibility
to promote, encourage, and protect respect for the
fundamental and internationally recognized right to
freedom of religion.
(2)(A) Since its inception, the United States
Government has rested upon certain founding prin-
ciples. One of those principles is that all people have
the inalienable right to worship freely, which de-
mands that religion be protected from unnecessary
government intervention. The Founding Fathers of
the United States incorporated that principle in the
Declaration of Independence, which states that man-
kind has the inalienable right to ‘‘life, liberty, and
the pursuit of happiness’’, and in the United States
Constitution, the first amendment to which states
that ‘‘Congress shall make no law respecting an es-
tablishment of religion, or prohibiting the free exer-
cise thereof’’. Therefore, in accordance with this be-
lief in the inalienable right of freedom of religion for
all people, as expressed by the Declaration of Inde-
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pendence, and the belief that religion should be pro-
tected from government interference, as expressed
by the United States Constitution, the Congress op-
poses international religious persecution and believes
that the policies of the United States Government
and its relations with foreign governments should be
consistent with the commitment to this principle.
(B) Numerous international agreements and
covenants also identify mankind’s inherent right to
freedom of religion. These include the following:
(i) Article 18 of the Universal Declaration
of Human Rights states that ‘‘Everyone has the
right to freedom of thought, conscience and re-
ligion; this right includes freedom to change his
religion or belief, and freedom, either alone or
in community with others and in public or pri-
vate, to manifest his religion or belief in teach-
ing, practice, worship and observance’’.
(ii) Article 18 of the Covenant on Civil and
Political Rights declares that ‘‘Everyone shall
have the right to freedom of thought, con-
science, and religion * * *’’ and further delin-
eates the privileges under this right.
(iii) The Declaration on the Elimination of
All Forms of Intolerance and of Discrimination
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Based on Religion and Belief, adopted by the
United Nations General Assembly on November
25, 1981, declares that ‘‘religion or belief, for
anyone who professes either, is one of the fun-
damental elements in his conception of life * *
*’’ and that ‘‘freedom of religion and belief
should also contribute to the attainment of the
goals of world peace, social justice and friend-
ship among peoples and to the elimination of
ideologies or practices of colonialism and racial
discrimination’’.
(iv) The Concluding Document of the
Third Follow-Up Meeting of the Organization
for Security and Cooperation in Europe com-
mits states to ‘‘ensure in their laws and regula-
tions and in their application the full and effec-
tive exercise of the freedom of thought, con-
science, religion or belief’’.
(3) Persecution of religious believers, particu-
larly Roman Catholic and evangelical Protestant
Christians, in Communist countries persists and in
some cases is increasing.
(4) In many countries and regions thereof, gov-
ernments dominated by extremist movements per-
secute non-Muslims and religious converts from
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Islam using means such as ‘‘blasphemy’’ and ‘‘apos-
tasy’’ laws, and such movements seek to corrupt a
historically tolerant Islamic faith and culture
through the persecution of Baha’is, Christians, and
other religious minorities.
(5) The extremist Government of Sudan is wag-
ing a self-described religious war against Christians,
other non-Muslims, and moderate Muslims by using
torture, starvation, enslavement, and murder.
(6) In Tibet, where Tibetan Buddhism is inex-
tricably linked to the Tibetan identity, the Govern-
ment of the People’s Republic of China has intensi-
fied its control over the Tibetan people by interfer-
ing in the selection of the Panchen Lama, propa-
gandizing against the religious authority of the
Dalai Lama, restricting religious study and tradi-
tional religious practices, and increasing the persecu-
tion of monks and nuns.
(7) In Xinjiang Autonomous Region of China,
formerly the independent republic of East Turkistan,
where the Muslim religion is inextricably linked to
the dominant Uyghur culture, the Government of
the People’s Republic of China has intensified its
control over the Uyghur people by systematically re-
pressing religious authority, restricting religious
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study and traditional practices, destroying mosques,
and increasing the persecution of religious clergy
and practitioners.
(8) In countries around the world, Christians,
Jews, Muslims, Hindus, and other religious believers
continue to be persecuted on account of their reli-
gious beliefs, practices, and affiliations.
(9) The 104th Congress recognized the facts set
forth in this section and stated clearly the sense of
the Senate and the House of Representatives regard-
ing these matters in approving—
(A) House Resolution 515, expressing the
sense of the House of Representatives with re-
spect to the persecution of Christians world-
wide;
(B) S. Con. Res. 71, expressing the sense
of the Senate with respect to the persecution of
Christians worldwide;
(C) H. Con. Res. 102, concerning the
emancipation of the Iranian Baha’i community;
and
(D) section 1303 of H.R. 1561, the For-
eign Relations Authorization Act, Fiscal Years
1996 and 1997.
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Istanbul, was attacked by vandals and dese-
crated.
(iii) His All Holiness Patriarch Bartholomew
and those associated with the Ecumenical Patriarch-
ate are Turkish citizens and thus must be protected
under Turkish law against blatant and unprovoked
attacks toward ethnic minorities.
(iv) The Turkish Government arbitrarily closed
the Halki Patriarchal School of Theology in 1971.
(v) The Ecumenical Patriarchate is the spir-
itual center for more than 250,000,000 Orthodox
Christians 
worldwide, 
including 
approximately
5,000,000 in the United States.
(vi) It is in the best interest of the United
States to prevent further incidents regarding the Ec-
umenical Patriarchate and in the overall goals of the
United States to establish peaceful relations with
and among the many important nations of the world
that have substantial Orthodox Christian popu-
lations.
(B) It is the sense of the Congress that—
(i) the United States should use its influ-
ence with the Turkish Government and as a
permanent member of the United Nations Secu-
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rity Council to suggest that the Turkish Gov-
ernment—
(I) ensure proper protection for the
Patriarchate and all of the Orthodox faith-
ful residing in Turkey;
(II) provide for the proper protection
and safety of the Ecumenical Patriarch
and Patriarchate personnel;
(III) establish conditions that would
prevent the recurrence of past terrorist ac-
tivities and vandalism and other personal
threats against the Patriarch;
(IV) establish conditions to ensure
that the Patriarchate is free to carry out
its religious mission; and
(V) do everything possible to find and
punish the perpetrators of any provocative
and terrorist acts against the Patriarchate;
and
(ii) the Secretary of State should report to
the Congress on an annual basis on the status
and progress of the concerns expressed in
clause (i).
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(b) PURPOSE.—It is the purpose of this Act to reduce
and eliminate the widespread and ongoing religious perse-
cution taking place throughout the world today.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) DIRECTOR.—The term ‘‘Director’’ means
the Director of the Office of Religious Persecution
Monitoring established under section 5.
(2) LEGISLATIVE DAY.—The term ‘‘legislative
day’’ means a day on which both Houses of Con-
gress are in session.
(3) PERSECUTED COMMUNITY.—The term ‘‘per-
secuted community’’ means any religious group or
denomination whose members have been found to be
subject to category 1 or category 2 persecution in
the latest annual report submitted under section
6(a) or in any interim report submitted thereafter
under section 6(c) before the next annual report.
(4) PERSECUTION FACILITATING PRODUCTS.—
The term ‘‘persecution facilitating products’’ means
those crime control, detection, torture, and electro-
shock instruments and equipment (as determined
under section 6(n) of the Export Administration Act
of 1979) that are directly and substantially used or
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intended for use in carrying out acts of persecution
described in paragraphs (5) and (6).
(5) CATEGORY
PERSECUTION.—The term
‘‘category 1 persecution’’ means widespread and on-
going persecution of persons on account of their reli-
gious beliefs or practices, or membership in or affili-
ation with a religion or religious group or denomina-
tion, whether officially recognized or otherwise, when
such persecution—
(A) includes abduction, enslavement, kill-
ing, imprisonment, forced mass relocation, rape,
crucifixion or other forms of torture, or the sys-
tematic imposition of fines or penalties which
have the purpose and effect of destroying the
economic existence of persons on whom they are
imposed; and
(B) is conducted with the involvement or
support of government officials or agents, or
pursuant to official government policy.
(6) CATEGORY
PERSECUTION.—The term
‘‘category 2 persecution’’ means widespread and on-
going persecution of persons on account of their reli-
gious beliefs or practices, or membership in or affili-
ation with a religion or religious group or denomina-
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tion, whether officially recognized or otherwise, when
such persecution—
(A) includes abduction, enslavement, kill-
ing, imprisonment, forced mass relocation, rape,
crucifixion or other forms of torture, or the sys-
tematic imposition of fines or penalties which
have the purpose and effect of destroying the
economic existence of persons on whom they are
imposed; and
(B) is not conducted with the involvement
or support of government officials or agents, or
pursuant to official government policy, but
which the government fails to undertake serious
and sustained efforts to eliminate, being able to
do so.
(7) RESPONSIBLE
ENTITIES.—The term ‘‘re-
sponsible entities’’ means the specific government
units, as narrowly defined as practicable, which di-
rectly carry out the acts of persecution described in
paragraphs (5) and (6).
(8) SANCTIONED COUNTRY.—The term ‘‘sanc-
tioned country’’ means a country on which sanctions
have been imposed under section 7.
(9) UNITED
STATES
ASSISTANCE.—The term
‘‘United States assistance’’ means—
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(A) any assistance under the Foreign As-
sistance Act of 1961 (including programs under
title IV of chapter 2 of part I of that Act, relat-
ing to the Overseas Private Investment Cor-
poration), other than—
(i) assistance under chapter 8 of part
I of that Act;
(ii) any other narcotics-related assist-
ance under part I of that Act or under
chapter 4 or 5 of part II of that Act, but
any such assistance provided under this
clause shall be subject to the prior notifica-
tion 
procedures 
applicable 
to
reprogrammings pursuant to section 634A
of that Act;
(iii) disaster relief assistance, includ-
ing any assistance under chapter 9 of part
I of that Act;
(iv) antiterrorism assistance under
chapter 8 of part II of that Act;
(v) assistance which involves the pro-
vision of food (including monetization of
food) or medicine;
(vi) assistance for refugees; and
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SEC. 4. APPLICATION AND SCOPE.
The responsibility of the Secretary of State under
section 5(g) to determine whether category 1 or category
2 persecution exists, and to identify persons and commu-
nities that are subject to such persecution, extends to—
(1) all foreign countries in which alleged viola-
tions of religious freedom have been set forth in the
latest annual report of the Department of State on
human rights under sections 116(d) and 502(b) of
the Foreign Assistance Act of 1961 (22 U.S.C.
2151n(d) and 2304(b)); and
(2) such other foreign countries in which, either
as a result of referral by an independent human
rights group or nongovernmental organization in ac-
cordance with section 5(e)(2) or otherwise, the Di-
rector has reason to believe category 1 or category
2 persecution may exist.
SEC. 5. OFFICE OF RELIGIOUS PERSECUTION MONITORING.
(a) ESTABLISHMENT.—There shall be established in
the Department of State the Office of Religious Persecu-
tion Monitoring (hereafter in this Act referred to as the
‘‘Office’’).
(b) APPOINTMENT.—The head of the Office shall be
a Director who shall be appointed by the President, by
and with the advice and consent of the Senate. The Direc-
tor shall receive compensation at a rate of pay not to ex-
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ceed the rate of pay in effect for level IV of the Executive
Schedule under section 5315 of title 5, United States
Code.
(c) REMOVAL.—The Director shall serve at the pleas-
ure of the President.
(d) BARRED FROM OTHER FEDERAL POSITIONS.—
No person shall serve as Director while serving in any
other position in the Federal Government.
(e) RESPONSIBILITIES OF DIRECTOR.—The Director
shall do the following:
(1) Consider information regarding the facts
and circumstances of violations of religious freedom
presented in the annual reports of the Department
of State on human rights under sections 116(d) and
502B(b) of the Foreign Assistance Act of 1961 (22
U.S.C. 2151n(d) and 2304(b)).
(2) Make findings of fact on violations of reli-
gious freedom based on information—
(A) considered under paragraph (1); or
(B) presented by independent human
rights groups, nongovernmental organizations,
or other interested parties, at any stage of the
process provided in this Act.
When appropriate, the Director may hold public
hearings subject to notice at which such groups, or-
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ganizations, or other interested parties can present
testimony and evidence of acts of persecution occur-
ring in countries being examined by the Office.
(3) On the basis of information and findings of
fact described in paragraphs (1) and (2), make rec-
ommendations to the Secretary of State for consid-
eration by the Secretary in making determinations
of countries in which there is category 1 or category
2 persecution under subsection (g), identify the re-
sponsible entities within such countries, prepare and
submit the annual report described in section 6, and
transmit a copy of the report to the Commission on
International 
Religious 
Persecution 
established
under section 14.
(4) Maintain the lists of persecution facilitating
products, and the responsible entities within coun-
tries determined to be engaged in persecution de-
scribed in paragraph (3), revising the lists in accord-
ance with section 6(c) as additional information be-
comes available. These lists shall be published in the
Federal Register.
(5) In consultation with the Secretary of State,
make policy recommendations to the President re-
garding the policies of the United States Govern-
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ment toward governments which are determined to
be engaged in religious persecution.
(6) Report directly to the President and the
Secretary of State, and coordinate with the appro-
priate officials of the Department of State, the De-
partment of Justice, the Department of Commerce,
and the Department of the Treasury, to ensure that
the provisions of this Act are fully and effectively
implemented.
(7) In consultation with the Secretary of State,
make policy recommendations to the President that
would make a priority of promoting and developing
legal protections and cultural respect for religious
freedom, including by—
(A) ensuring that funds made available for
development assistance are used, among other
things, to encourage and promote increased ad-
herence to the right to free religious belief and
practice;
(B) ensuring that United States inter-
national broadcasting is designed to promote re-
spect for human rights, including freedom of re-
ligion, among other broadcasting goals; and
(C) ensuring that United States cultural
and educational exchanges promote, among
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other goals, respect for and guarantees of reli-
gious freedom abroad, including through inter-
changes and visits between the United States
and other countries of religious leaders, schol-
ars, and religious and legal experts in the field
of religious freedom.
(8) Assist the Secretary of State in establishing
a program of granting awards to members of the
Foreign Service who have provided distinguished,
meritorious service in the promotion of internation-
ally recognized human rights, including the right to
religious freedom.
(f) ADMINISTRATIVE MATTERS.—
(1) PERSONNEL.—The Director may appoint
such personnel as may be necessary to carry out the
functions of the Office.
(2) SERVICES OF OTHER AGENCIES.—The Di-
rector may use the personnel, services, and facilities
of any other department or agency, on a reimburs-
able basis, in carrying out the functions of the Of-
fice.
(g) RESPONSIBILITIES
OF
THE
SECRETARY
OF
STATE.—The Secretary of State, in time for inclusion in
the annual report described in subsections (a) and (b) of
section 6, shall determine with respect to each country de-
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scribed in section 4 whether there is category 1 or category
2 persecution, and shall include in each such determina-
tion the communities against which such persecution is di-
rected. Any determination in any interim report described
in subsection (c) of section 6 that there is category 1 or
category 2 persecution in a country shall be made by the
Secretary of State.
SEC. 6. REPORTS TO CONGRESS.
(a) ANNUAL REPORTS.—Not later than April 30 of
each year, the Director shall submit to the Committees
on Foreign Relations, the Judiciary, Appropriations, and
Banking, Housing, and Urban Affairs of the Senate and
to the Committees on International Relations, the Judici-
ary, Appropriations, and Banking and Financial Services
of the House of Representatives a report described in sub-
section (b).
(b) CONTENTS OF ANNUAL REPORT.—The annual
report of the Director shall include the following:
(1) DETERMINATION OF RELIGIOUS PERSECU-
TION.—A copy of the determinations of the Sec-
retary of State pursuant to subsection (g) of section
5.
(2) IDENTIFICATION OF PERSECUTION FACILI-
TATING PRODUCTS.—With respect to each country
in which the Secretary of State has determined that
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there is either category 1 or category 2 persecution,
the Director, in consultation with the Secretary of
Commerce, shall identify and list the items on the
list established under section 6(n) of the Export Ad-
ministration Act of 1979 that are directly and sub-
stantially used or intended for use in carrying out
acts of religious persecution in such country.
(3) IDENTIFICATION
OF
RESPONSIBLE
ENTI-
TIES.—With respect to each country in which the
Secretary of State has determined that there is cat-
egory 1 persecution, the Director shall identify and
list the responsible entities within that country that
are engaged in such persecution. Such entities shall
be defined as narrowly as possible.
(4) OTHER REPORTS.—The Director shall in-
clude the reports submitted to the Director by the
Attorney General under section 9 and by the Sec-
retary of State under section 10.
(c) INTERIM REPORTS.—The Director may submit
interim reports to the Congress containing such matters
as the Director considers necessary, including revisions to
the lists issued under paragraphs (2) and (3) of subsection
(b). The Director shall submit an interim report in the
case of a determination by the Secretary of State under
section 5(g), other than in an annual report of the Direc-
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tor, that category 1 or category 2 persecution exists, or
in the case of a determination by the Secretary of State
under section 11(a) that neither category 1 or category
2 persecution exists.
(d) PERSECUTION IN REGIONS OF A COUNTRY.—In
determining whether category 1 or category 2 persecution
exists in a country, the Secretary of State shall include
such persecution that is limited to one or more regions
within the country, and shall indicate such regions in the
reports described in this section.
SEC. 7. SANCTIONS.
(a) PROHIBITION ON EXPORTS RELATING TO RELI-
GIOUS PERSECUTION.—
(1) ACTIONS BY RESPONSIBLE DEPARTMENTS
AND
AGENCIES.—With respect to any country in
which—
(A) the Secretary of State finds the occur-
rence of category 1 persecution, the Director
shall so notify the relevant United States de-
partments and agencies, and such departments
and agencies shall—
(i) prohibit all exports to the respon-
sible entities identified in the lists issued
under subsections (b)(3) and (c) of section
6; and
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(ii) prohibit the export to such coun-
try of the persecution facilitating products
identified in the lists issued under sub-
sections (b)(2) and (c) of section 6; or
(B) the Secretary of State finds the occur-
rence of category 2 persecution, the Director
shall so notify the relevant United States de-
partments and agencies, and such departments
and agencies shall prohibit the export to such
country of the persecution facilitating products
identified in the lists issued under subsections
(b)(2) and (c) of section 6.
(2) PROHIBITIONS ON U.S. PERSONS.—(A) With
respect to any country in which the Secretary of
State finds the occurrence of category 1 persecution,
no United States person may—
(i) export any item to the responsible enti-
ties identified in the lists issued under sub-
sections (b)(3) and (c) of section 6; and
(ii) export to that country any persecution
facilitating products identified in the lists
issued under subsections (b)(2) and (c) of sec-
tion 6.
(B) With respect to any country in which the
Secretary of State finds the occurrence of category
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2 persecution, no United States person may export
to that country any persecution facilitating products
identified in the lists issued under subsections (b)(2)
and (c) of section 6.
(3) PENALTIES.—Any person who knowingly
violates the provisions of paragraph (2) shall be sub-
ject to the penalties set forth in subsections (a) and
(b)(1) of section 16 of the Trading With the Enemy
Act (50 U.S.C. App. 16 (a) and (b)(1)) for viola-
tions under that Act.
(4) EFFECTIVE DATE OF PROHIBITIONS.—The
prohibitions on exports under paragraphs (1) and
(2) shall take effect with respect to a country 90
days after the date on which—
(A) the country is identified in a report of
the Director under section 6 as a country in
which category 1 or category 2 persecution ex-
ists;
(B) responsible entities are identified in
that country in a list issued under subsection
(b)(3) or (c) of section 6; or
(C) persecution facilitating products are
identified in a list issued under subsection
(b)(2) or (c) of section 6,
as the case may be.
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(b) UNITED STATES ASSISTANCE.—
(1) CATEGORY
PERSECUTION.—No United
States assistance may be provided to the government
of any country which the Secretary of State deter-
mines is engaged in category 1 persecution, effective
90 days after the date on which the Director sub-
mits the report in which the determination is in-
cluded.
(2) CATEGORY
PERSECUTION.—No United
States assistance may be provided to the government
of any country in which the Secretary of State deter-
mines that there is category 2 persecution, effective
1 year after the date on which the Director submits
the report in which the determination is included, if
the Secretary of State, in the next annual report of
the Director under section 6, determines that the
country is engaged in category 1 persecution or that
category 2 persecution exists in that country.
(c) MULTILATERAL ASSISTANCE.—
(1) CATEGORY 1 PERSECUTION.—With respect
to any country which the Secretary of State deter-
mines is engaged in category 1 persecution, the
President shall instruct the United States Executive
Director of each multilateral development bank and
of the International Monetary Fund to vote against,
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and use his or her best efforts to deny, any loan or
other utilization of the funds of their respective in-
stitutions to that country (other than for humani-
tarian assistance, or for development assistance
which directly addresses basic human needs, is not
administered by the government of the sanctioned
country, and confers no benefit on the government
of that country), effective 90 days after the Director
submits the report in which the determination is in-
cluded.
(2) CATEGORY 2 PERSECUTION.—With respect
to any country in which the Secretary of State deter-
mines there is category 2 persecution, the President
shall instruct the United States Executive Director
of each multilateral development bank and of the
International Monetary Fund to vote against, and
use his or her best efforts to deny, any loan or other
utilization of the funds of their respective institu-
tions to that country (other than for humanitarian
assistance, or for development assistance which di-
rectly addresses basic human needs, is not adminis-
tered by the government of the sanctioned country,
and confers no benefit on the government of that
country), effective 1 year after the date on which the
Director submits the report in which the determina-
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tion is included, if the Secretary of State, in the
next annual report of the Director under section 6,
determines that the country is engaged in category
1 persecution or that category 2 persecution exists
in that country.
(3) REPORTS TO CONGRESS.—If a country de-
scribed in paragraph (1) or (2) is granted a loan or
other utilization of funds notwithstanding the objec-
tion of the United States under this subsection, the
Secretary of the Treasury shall report to the Con-
gress on the efforts made to deny loans or other uti-
lization of funds to that country, and shall include
in the report specific and explicit recommendations
designed to ensure that such loans or other utiliza-
tion of funds are denied to that country in the fu-
ture.
(4) DEFINITION.—As used in this subsection,
the term ‘‘multilateral development bank’’ means
any of the multilateral development banks as defined
in section 1701(c)(4) of the International Financial
Institutions Act (22 U.S.C. 262r(c)(4)).
(d) RELATIONSHIP TO OTHER PROVISIONS.—The ef-
fective dates of the sanctions provided in this section are
subject to sections 8 and 11.
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(e) DULY
AUTHORIZED
INTELLIGENCE
ACTIVI-
TIES.—The prohibitions and restrictions of this section
shall not apply to the conduct of duly authorized intel-
ligence activities of the United States Government.
(f) EFFECT ON EXISTING CONTRACTS.—The imposi-
tion of sanctions under this section shall not affect any
contract that is entered into by the Overseas Private In-
vestment Corporation, the Trade and Development Agen-
cy, or the Export Import Bank of the United States before
the sanctions are imposed, is in force on the date on which
the sanctions are imposed, and is enforceable in a court
of law on such date.
(g) EFFECT OF WAIVERS.—Any sanction under this
section shall not take effect during the period after the
President has notified the Congress of a waiver of that
sanction under section 8 and before the waiver has taken
effect under that section.
SEC. 8. WAIVER OF SANCTIONS.
(a) WAIVER AUTHORITY.—Subject to subsection (b),
the President may waive the imposition of any sanction
against a country under section 7 for periods of not more
than 12 months each, if the President, for each waiver—
(1) determines—
(A) that the national security interests of
the United States justify such a waiver; or
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(B) that such a waiver will substantially
promote the purposes of this Act as set forth in
section 2; and
(2) provides to the Committees on Foreign Re-
lations, Finance, the Judiciary, and Appropriations
of the Senate and to the Committees on Inter-
national Relations, the Judiciary, and Appropria-
tions of the House of Representatives a written noti-
fication of the President’s intention to waive any
such sanction.
The notification shall contain an explanation of the rea-
sons why the President considers the waiver to be nec-
essary, the type and amount of goods, services, or assist-
ance to be provided pursuant to the waiver, and the period
of time during which such a waiver will be effective. When
the President considers it appropriate, the explanation
under the preceding sentence, or any part of the expla-
nation, may be submitted in classified form.
(b) ADDITIONAL INFORMATION.—In the case of a
waiver under subsection (a)(1)(B), the notification shall
contain a detailed statement of the facts particular to the
country subject to the waiver which justifies the Presi-
dent’s determination, and of the alternative measures the
President intends to implement in order to achieve the ob-
jectives of this Act.
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(c) TAKING EFFECT OF WAIVER.—
(1) IN GENERAL.—Subject to paragraph (2), a
waiver under subsection (a) shall take effect 45 days
after its submission to the Congress, or on the day
after the 15th legislative day after such submission,
whichever is later.
(2) IN EMERGENCY CONDITIONS.—The Presi-
dent may waive the imposition of sanctions against
a country under subsection (b) or (c) of section 7 to
take effect immediately if the President, in the writ-
ten notification of intention to waive the sanctions,
certifies that emergency conditions exist that make
an immediate waiver necessary.
(d) SENSE OF THE CONGRESS.—It is the sense of
the Congress that in order to achieve the objectives of this
Act, the waiver authority provided in this section should
be used only in extraordinary circumstances.
SEC. 9. MODIFICATION OF IMMIGRATION POLICY.
(a) INADMISSIBILITY OF CERTAIN PARTICIPANTS IN
RELIGIOUS PERSECUTION.—
(1) IN GENERAL.—Section 212(a)(3) of the Im-
migration and Nationality Act (8 U.S.C. 1182(a)(3))
is amended by adding at the end the following:
‘‘(F) PARTICIPANTS IN RELIGIOUS PERSE-
CUTION.—Any alien who carried out or directed
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the carrying out of category 1 persecution (as
defined in section 3 of the Freedom from Reli-
gious Persecution Act of 1998) or category 2
persecution (as so defined) is inadmissible.’’.
(2) APPLICABILITY.—The amendment made by
paragraph (1) shall apply to persecution occurring
before, on, or after the date of the enactment of this
Act.
(b) REFUGEES.—
(1) GUIDELINES
FOR
ADDRESSING
BIAS
AF-
FECTING REFUGEES.—Not later than 180 days after
the date of the enactment of this Act, the Attorney
General and the Secretary of State shall jointly pro-
mulgate and implement guidelines for identifying
and addressing improper biases, affecting the treat-
ment of persons who may be eligible for admission
into the United States as a refugee based upon a
claim of persecution or a well-founded fear of perse-
cution on account of religion, on the part of—
(A) immigration officers adjudicating ap-
plications for admission as a refugee submitted
by such persons and interpreters assisting im-
migration officers in adjudicating such applica-
tions; and
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(B) individuals and entities assisting in the
identification of such persons and the prepara-
tion of such applications.
(2) ADMISSION
PRIORITY.—For purposes of
section 207(a)(3) of the Immigration and National-
ity Act, an individual who is a member of a per-
secuted community, and is determined by the Attor-
ney General to be a refugee within the meaning of
section 101(a)(42)(A) of the Immigration and Na-
tionality Act, shall be considered a refugee of special
humanitarian concern to the United States. In car-
rying out such section 207(a)(3), applicants for refu-
gee status who are members of a persecuted commu-
nity shall be given priority status equal to that given
to applicants who are members of other specific
groups of special concern to the United States. This
paragraph shall be construed only to require that
members of a persecuted community be accorded
equal consideration in determining admissions under
section 207(a) of such Act, and shall not be con-
strued to require that any particular individual or
group be admitted under that section.
(3) NO EFFECT ON OTHERS’ RIGHTS.—Nothing
in this section, or any amendment made by this sec-
tion, shall be construed to deny any applicant for
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asylum or refugee status (including any applicant
who is not a member of a persecuted community but
whose claim is based on race, religion, nationality,
membership in a particular social group, or political
opinion) any right, privilege, protection, or eligibility
otherwise provided by law.
(4) NO
DISPLACEMENT
OF
OTHER
REFU-
GEES.—Refugees admitted to the United States as
a result of the procedures set forth in this section
shall not displace other refugees in need of resettle-
ment who would otherwise have been admitted in ac-
cordance with existing law and procedures.
(5) PERIOD FOR PUBLIC COMMENT AND RE-
VIEW.—Section 207(d) of the Immigration and Na-
tionality Act is amended by adding at the end the
following:
‘‘(4)(A) Notwithstanding any other provision of law,
prior to each annual determination regarding refugee ad-
missions under this subsection, there shall be a period of
public review and comment, particularly by appropriate
nongovernmental organizations, churches, and other reli-
gious communities and organizations, and the general
public.
‘‘(B) Nothing in this paragraph may be construed to
apply subchapter II of chapter 5 of title 5, United States
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Code, to the period of review and comment referred to in
subparagraph (A).’’.
(c) ASYLEES.—
(1) GUIDELINES FOR ADDRESSING BIAS.—Not
later than 180 days after the date of the enactment
of this Act, the Attorney General shall develop and
implement guidelines for identifying and addressing
improper biases, affecting the treatment of persons
who may be eligible for asylum in the United States,
based upon a claim of persecution or a well-founded
fear of persecution on account of religion, on the
part of immigration officers carrying out functions
under section 208 or 235 of the Immigration and
Nationality Act and interpreters assisting immigra-
tion officers in carrying out such functions.
(2) STUDIES OF EFFECT OF EXPEDITED RE-
MOVAL PROVISIONS ON ASYLUM CLAIMS.—
(A) STUDIES.—
(i) PARTICIPATION
BY
UNITED
NA-
TIONS
HIGH
COMMISSIONER
FOR
REFU-
GEES.—The Attorney General shall invite
the United Nations High Commissioner for
Refugees to conduct a study, alone or in
cooperation with the Comptroller General
of the United States (as determined in the
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discretion of the United Nations High
Commissioner for Refugees), to determine
whether immigration officers described in
clause (ii) are engaging in any of the con-
duct described in such clause.
(ii) DUTIES OF COMPTROLLER GEN-
ERAL.—The Comptroller General of the
United States shall conduct a study, alone
or, upon request by the United Nations
High Commissioner for Refugees, in co-
operation with the United Nations High
Commissioner for Refugees, to determine
whether immigration officers performing
duties under section 235(b) of the Immi-
gration and Nationality Act with respect to
aliens who may be eligible to be granted
asylum are engaging in any of the follow-
ing conduct:
(I) Improperly encouraging such
aliens to withdraw their applications
for admission.
(II) Incorrectly failing to refer
such aliens for an interview by an asy-
lum officer for a determination of
whether they have a credible fear of
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persecution (within the meaning of
section 235(b)(1)(B)(v) of such Act).
(III) Incorrectly removing such
aliens to a country where they may be
persecuted.
(IV) Detaining such aliens im-
properly or in inappropriate condi-
tions.
(B) REPORTS.—
(i) PARTICIPATION
BY
UNITED
NA-
TIONS
HIGH
COMMISSIONER
FOR
REFU-
GEES.—The United Nations High Commis-
sioner for Refugees may submit to the
committees described in clause (ii) a report
containing the results of a study conducted
under subparagraph (A)(i) or, if the
United Nations High Commissioner for
Refugees elected to participate in the study
conducted under subparagraph (A)(ii),
may submit with the Comptroller General
of the United States a report under clause
(ii).
(ii) DUTIES OF COMPTROLLER GEN-
ERAL.—Not later than September 30,
1999, the Comptroller General of the
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United States shall submit to the Commit-
tees on the Judiciary of the House of Rep-
resentatives and the Senate, the Commit-
tee on International Relations of the
House of Representatives, and the Com-
mittee on Foreign Relations of the Senate
a report containing the results of the study
conducted under subparagraph (A)(ii). If
the United Nations High Commissioner for
Refugees requests to participate with the
Comptroller General in the preparation
and submission of the report, the Comp-
troller General shall grant the request.
(C) ACCESS TO PROCEEDINGS.—
(i) IN GENERAL.—Except as provided
in clause (ii), to facilitate the studies and
reports, the Attorney General shall permit
the United Nations High Commissioner for
Refugees and the Comptroller General of
the United States to have unrestricted ac-
cess to all stages of all proceedings con-
ducted under section 235(b).
(ii) EXCEPTIONS.—Clause (i) shall
not apply in cases in which the alien ob-
jects to such access, or the Attorney Gen-
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eral determines that the security of a par-
ticular proceeding would be threatened by
such access, so long as any restrictions on
the United Nations High Commissioner for
Refugees’ access under this subparagraph
do not contravene international law.
(D) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appro-
priated for fiscal year 1999 to carry out this
paragraph not to exceed $1,000,000 to the At-
torney General (for a United States contribu-
tion to the Office of the United Nations High
Commission for Refugees for the activities of
the United Nations High Commissioner for
Refugees under this paragraph) and not to ex-
ceed $1,000,000 to the Comptroller General of
the United States.
(d) TRAINING.—
(1) TRAINING ON RELIGIOUS PERSECUTION.—
The Attorney General shall provide training regard-
ing religious persecution to all immigration officers
and immigration judges adjudicating applications for
admission as a refugee or asylum applications, in-
cluding—
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(A) country-specific instruction on the
practices and beliefs of religious groups, and on
the methods of governmental and nongovern-
mental persecution employed on account of reli-
gious practices and beliefs; and
(B) other relevant information contained in
the most recent annual report submitted by the
Director to the Congress under section 6.
(2) INSTRUCTION BY NONGOVERNMENTAL EX-
PERTS.—It is the sense of the Congress that the At-
torney General, in carrying out paragraph (1)(A),
should include in the training under the paragraph,
where practicable, instruction by nongovernmental
experts on religious persecution.
(3) TRAINING FOR IMMIGRATION OFFICERS AD-
JUDICATING REFUGEE APPLICATIONS.—Section 207
of the Immigration and Nationality Act (8 U.S.C.
1157) is amended by adding at the end the follow-
ing:
‘‘(f) The Attorney General shall provide training in
country conditions, refugee law, and interview techniques,
comparable to that provided to full-time adjudicators of
applications under section 208, to all immigration officers
adjudicating applications for admission as a refugee under
this section.’’.
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(e) REPORTING.—Not later than March 30 of each
year, the Attorney General shall provide to the Director,
for inclusion in the Director’s annual report under section
6(b)(4), a report containing the following:
(1) With respect to the year that is the subject
of the report, the number of applicants for asylum
or refugee status whose applications were based, in
whole or in part, on religious persecution.
(2) In the case of such applications, the number
that were proposed to be denied, and the number
that were finally denied.
(3) In the case of such applications, the number
that were granted.
(4) A description of other developments with re-
spect to the adjudication of applications for asylum
or refugee status that were based, in whole or in
part, on religious persecution.
(5) A description of the training conducted for
immigration officers and immigration judges under
subsection (d)(1), including a list of speakers and
materials used in such training and the number of
immigration officers and immigration judges who re-
ceived such training.
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(6) A description of the development and imple-
mentation of anti-bias guidelines under subsections
(b)(1) and (c)(1).
SEC. 10. STATE DEPARTMENT HUMAN RIGHTS REPORTS.
(a) ANNUAL HUMAN RIGHTS REPORT.—In preparing
the annual reports of the State Department on human
rights under sections 116(d) and 502B(b) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151n(d) and
2304(b)), the Secretary of State shall, in the section on
religious freedom—
(1) consider the facts and circumstances of the
violation of the right to freedom of religion pre-
sented by independent human rights groups and
nongovernmental organizations;
(2) report on the extent of the violations of the
right to freedom of religion, specifically including
whether the violations arise from governmental or
nongovernmental sources, and whether the violations
are encouraged by the government or whether the
government fails to exercise satisfactory efforts to
control such violations;
(3) report on whether freedom of religion viola-
tions occur on a nationwide, regional, or local level;
and
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(4) identify whether the violations are focused
on an entire religion or on certain denominations or
sects.
(b) TRAINING.—The Secretary of State shall—
(1) institute programs to provide training for
chiefs of mission as well as Department of State of-
ficials having reporting responsibilities regarding the
freedom of religion, which shall include training
on—
(A) the fundamental components of the
right to freedom of religion, the variation in be-
liefs of religious groups, and the governmental
and nongovernmental methods used in the vio-
lation of the right to freedom of religion; and
(B) the identification of independent
human rights groups and nongovernmental or-
ganizations with expertise in the matters de-
scribed in subparagraph (A); and
(2) submit to the Director, not later than Janu-
ary 1 of each year, a report describing all training
provided to Department of State officials with re-
spect to religious persecution during the preceding
1-year period, including a list of instructors and ma-
terials used in such training and the number and
rank of individuals who received such training.
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SEC. 11. TERMINATION OF SANCTIONS.
(a) TERMINATION.—The sanctions described in sec-
tion 7 shall cease to apply with respect to a sanctioned
country 45 days, or the day after the 15th legislative day,
whichever is later, after the Director, in an annual report
described in section 6(b), does not include a determination
by the Secretary of State that the sanctioned country is
among those in which category 1 or category 2 persecution
continues to exist, or in an interim report under section
6(c), includes a determination by the Secretary of State
that neither category 1 nor category 2 persecution exists
in such country.
(b) WITHDRAWAL OF FINDING.—Any determination
of the Secretary of State under section 5(g) may be with-
drawn before taking effect if the Secretary makes a writ-
ten determination, on the basis of a preponderance of the
evidence, that the country substantially eliminated any
category 1 or category 2 persecution that existed in that
country. The Director shall submit to the Congress each
determination under this subsection.
SEC. 12. SANCTIONS AGAINST SUDAN.
(a) EXTENSION OF SANCTIONS UNDER EXISTING
LAW.—Any sanction imposed on Sudan because of a de-
termination that the government of that country has pro-
vided support for acts of international terrorism, includ-
ing—
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(1) export controls imposed pursuant to the Ex-
port Administration Act of 1979;
(2) prohibitions on transfers of munitions under
section 40 of the Arms Export Control Act;
(3) the prohibition on assistance under section
620A of the Foreign Assistance Act of 1961;
(4) section 2327(b) of title 10, United States
Code;
(5) section 6 of the Bretton Woods Agreements
Act Amendments, 1978 (22 U.S.C. 286e–11); and
(6) section 527 of the Foreign Operations, Ex-
port Financing, and Related Programs Appropria-
tions Act, 1998 (as contained in Public Law 105–
118),
shall continue in effect after the enactment of this Act
until the Secretary of State determines that Sudan has
substantially eliminated religious persecution in that coun-
try, or the determination that the government of that
country has provided support for acts of international ter-
rorism is no longer in effect, whichever occurs later.
(b) ADDITIONAL SANCTIONS ON SUDAN.—Effective
90 days after the date of the enactment of this Act, the
following sanctions (to the extent not covered under sub-
section (a)) shall apply with respect to Sudan:
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(1) PROHIBITION ON FINANCIAL TRANSACTIONS
WITH GOVERNMENT OF SUDAN.—
(A) OFFENSE.—Any United States person
who knowingly engages in any financial trans-
action, including any loan or other extension of
credit, directly or indirectly, with the Govern-
ment of Sudan shall be fined in accordance with
title 18, United States Code, or imprisoned for
not more than 10 years, or both.
(B) DEFINITIONS.—As used in this para-
graph:
(i) FINANCIAL
TRANSACTION.—The
term ‘‘financial transaction’’ has the mean-
ing given that term in section 1956(c)(4)
of title 18, United States Code.
(ii) UNITED
STATES
PERSON.—The
term ‘‘United States person’’ means—
(I) any United States citizen or
national;
(II) any alien lawfully admitted
into the United States for permanent
residence;
(III) any juridical person orga-
nized under the laws of the United
States; and
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(IV) any person in the United
States.
(2) PROHIBITIONS
ON
UNITED
STATES
EX-
PORTS TO SUDAN.—
(A) PROHIBITION
ON
COMPUTER
EX-
PORTS.—No computers, computer software, or
goods or technology intended to manufacture or
service computers may be exported to or for use
of the Government of Sudan.
(B) REGULATIONS OF THE SECRETARY OF
COMMERCE.—The Secretary of Commerce may
prescribe such regulations as may be necessary
to carry out subparagraph (A).
(C) PENALTIES.—Any person who violates
this paragraph shall be subject to the penalties
provided in section 11 of the Export Adminis-
tration Act of 1979 (50 U.S.C. App. 2410) for
violations under that Act.
(3) PROHIBITION
ON
NEW
INVESTMENT
IN
SUDAN.—
(A) PROHIBITION.—No United States per-
son may, directly or through another person,
make any new investment in Sudan that is not
prohibited by paragraph (1).
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(B) REGULATIONS.—The Secretary of
Commerce may prescribe such regulations as
may be necessary to carry out subparagraph
(A).
(C) PENALTIES.—Any person who violates
this paragraph shall be subject to the penalties
provided in section 11 of the Export Adminis-
tration Act of 1979 (50 U.S.C. App. 2410) for
violations under that Act.
(4) AVIATION RIGHTS.— 
(A) AIR
TRANSPORTATION
RIGHTS.—The
Secretary of Transportation shall prohibit any
aircraft of a foreign air carrier owned or con-
trolled, directly or indirectly, by the Govern-
ment of Sudan or operating pursuant to a con-
tract with the Government of Sudan from en-
gaging in air transportation with respect to the
United States, except that such aircraft shall be
allowed to land in the event of an emergency
for which the safety of an aircraft’s crew or
passengers is threatened.
(B) TAKEOFFS AND LANDINGS.—The Sec-
retary of Transportation shall prohibit the take-
off and landing in Sudan of any aircraft by an
air carrier owned, directly or indirectly, or con-
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trolled by a United States person, except that
such aircraft shall be allowed to land in the
event of an emergency for which the safety of
an aircraft’s crew or passengers is threatened,
or for humanitarian purposes.
(C) TERMINATION OF AIR SERVICE AGREE-
MENTS.—To carry out subparagraphs (A) and
(B), the Secretary of State shall terminate any
agreement between the Government of Sudan
and the Government of the United States relat-
ing to air services between their respective terri-
tories.
(D) DEFINITIONS.—For purposes of this
paragraph, the terms ‘‘aircraft’’, ‘‘air transpor-
tation’’, and ‘‘foreign air carrier’’ have the
meanings given those terms in section 40102 of
title 49, United States Code.
(5) PROHIBITION ON PROMOTION OF UNITED
STATES TOURISM.—None of the funds appropriated
or otherwise made available by any provision of law
may be available to promote United States tourism
in Sudan.
(6) 
GOVERNMENT
OF
SUDAN
BANK
AC-
COUNTS.—
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(A) PROHIBITION.—A United States de-
pository institution may not accept, receive, or
hold a deposit account from the Government of
Sudan, except for such accounts which may be
authorized by the President for diplomatic or
consular purposes.
(B) ANNUAL REPORTS.—The Secretary of
the Treasury shall submit annual reports to the
Congress on the nature and extent of assets
held in the United States by the Government of
Sudan.
(C) DEFINITION.—For purposes of this
paragraph, the term ‘‘depository institution’’
has the meaning given that term in section
19(b)(1) of the Act of December 23, 1913 (12
U.S.C. 461(b)(1)).
(7) PROHIBITION ON UNITED STATES GOVERN-
MENT PROCUREMENT FROM SUDAN.—
(A) PROHIBITION.—No department, agen-
cy, or any other entity of the United States
Government may enter into a contract for the
procurement 
of 
goods 
or 
services 
from
parastatal organizations of Sudan, except for
items necessary for diplomatic or consular pur-
poses.
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(B) DEFINITION.—As used in this para-
graph, the term ‘‘parastatal organization of
Sudan’’ means a corporation, partnership, or
entity owned, controlled, or subsidized by the
Government of Sudan.
(8) PROHIBITION ON UNITED STATES APPRO-
PRIATIONS FOR USE AS INVESTMENTS IN OR TRADE
SUBSIDIES FOR SUDAN.—None of the funds appro-
priated or otherwise made available by any provision
of law may be available for any new investment in,
or any subsidy for trade with, Sudan, including
funding for trade missions in Sudan and for partici-
pation in exhibitions and trade fairs in Sudan.
(9) PROHIBITION
ON
COOPERATION
WITH
ARMED FORCES OF SUDAN.—No agency or entity of
the United States may engage in any form of co-
operation, direct or indirect, with the armed forces
of Sudan, except for activities which are reasonably
necessary to facilitate the collection of necessary in-
telligence. Each such activity shall be considered as
significant anticipated intelligence activity for pur-
poses of section 501 of the National Security Act of
1947 (50 U.S.C. 413).
(10) PROHIBITION ON COOPERATION WITH IN-
TELLIGENCE SERVICES OF SUDAN.—
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(A) SANCTION.—No agency or entity of
the United States involved in intelligence activi-
ties may engage in any form of cooperation, di-
rect or indirect, with the Government of Sudan,
except for activities which are reasonably de-
signed to facilitate the collection of necessary
intelligence.
(B) POLICY.—It is the policy of the United
States that no agency or entity of the United
States involved in intelligence activities may
provide any intelligence information to the Gov-
ernment of Sudan which pertains to any inter-
nal group within Sudan. Any change in such
policy or any provision of intelligence informa-
tion contrary to this policy shall be considered
a significant anticipated intelligence activity for
purposes of section 501 of the National Secu-
rity Act of 1947 (50 U.S.C. 413).
The sanctions described in this subsection shall apply until
the Secretary of State determines that Sudan has substan-
tially eliminated religious persecution in that country.
(c) MULTILATERAL EFFORTS TO END RELIGIOUS
PERSECUTION IN SUDAN.—
(1) EFFORTS TO OBTAIN MULTILATERAL MEAS-
URES
AGAINST
SUDAN.—It is the policy of the
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United States to seek an international agreement
with the other industrialized democracies to bring
about an end to religious persecution by the Govern-
ment of Sudan. The net economic effect of such
international agreement should be measurably great-
er than the net economic effect of the other meas-
ures imposed by this section.
(2) COMMENCEMENT OF NEGOTIATIONS TO INI-
TIATE
MULTILATERAL
SANCTIONS
AGAINST
SUDAN.—It is the sense of the Congress that the
President or, at his direction, the Secretary of State
should convene an international conference of the in-
dustrialized democracies in order to reach an inter-
national agreement to bring about an end to reli-
gious persecution in Sudan. The international con-
ference should begin promptly and should be con-
cluded not later than 180 days after the date of the
enactment of this Act.
(3) PRESIDENTIAL
REPORT.—Not less than
210 days after the date of the enactment of this Act,
the President shall submit to the Congress a report
containing—
(A) a description of efforts by the United
States to negotiate multilateral measures to